PRINTER'S NO. 1491
No. 1266 Session of 2005
INTRODUCED BY RAPP, SEMMEL, CAUSER, STERN, ARMSTRONG, ALLEN,
BENNINGHOFF, CALTAGIRONE, CAPPELLI, CORNELL, CREIGHTON,
FAIRCHILD, FORCIER, GEORGE, GINGRICH, HERSHEY, KAUFFMAN,
M. KELLER, McILHATTAN, MILLARD, R. MILLER, QUIGLEY, READSHAW,
RUBLEY, SONNEY, E. Z. TAYLOR AND GRELL, MARCH 31, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 31, 2005
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for absentee electors files and
12 lists.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1302.3 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 amended December 11, 1968 (P.L.1183, No.375), is amended to
18 read:
19 Section 1302.3. Absentee Electors Files and Lists.--(a) The
20 county board of elections shall maintain at its office a file
21 containing the duplicate absentee voter's temporary registration
1 cards of every registered elector to whom an absentee ballot has
2 been sent. Such duplicate absentee voter's temporary
3 registration cards shall be filed by election districts and
4 within each election district in exact alphabetical order and
5 indexed. The registration cards so filed shall constitute the
6 Registered Absentee Voters File for the Primary or Election of
7 (date of primary or election) and shall be kept on file for a
8 period commencing the Tuesday prior to the day of the primary or
9 election until the day following the primary or election or the
10 day the county board of elections certifies the returns of the
11 primary or election, whichever date is later. Such file shall be
12 open to public inspection at all times subject to reasonable
13 safeguards, rules and regulations[.], including requiring any
14 individual who asks to inspect the file to identify himself by
15 signing his name, and printing his name and address on a form
16 prepared by the county board.
17 (b) The county board of elections shall [post in a
18 conspicuous public place] maintain at its office a master list
19 arranged in alphabetical order by election districts setting
20 forth the name and residence, and at primaries, the party
21 enrollment, of (1) every military elector to whom an absentee
22 ballot is being sent, each such name to be prefixed with an "M";
23 (2) every bedridden or hospitalized veteran outside the county
24 of his residence who is not registered and to whom an absentee
25 ballot is being sent, each such name to be prefixed with a "V";
26 and (3) every registered elector who has filed his application
27 for an absentee ballot too late for the extraction of his
28 original registration card and to whom a ballot is being sent
29 and every qualified elector who has filed his application for an
30 absentee ballot and is entitled, under provisions of the
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1 Permanent Registration Law as now or hereinafter enacted by the
2 General Assembly, to absentee registration prior to or
3 concurrently with the time of voting, each such name to be
4 prefixed with a "C." This list shall be known as the Military,
5 Veterans and Emergency Civilians Absentee Voters File for the
6 Primary or Election of (date of primary or election) [and shall
7 be posted for a period commencing the Tuesday prior to the day
8 of the primary or election until the day following the primary
9 or election or the day on which the county board of elections
10 certifies the returns of the primary or election, whichever date
11 is later]. Such [file] list shall be open to public inspection
12 at all times subject to reasonable safeguards, rules and
13 regulations[.], including requiring any individual who asks to
14 inspect the list to identify himself by signing his name, and
15 printing his name and address on a form prepared by the county
16 board. This [posted] list shall not contain any military address
17 or references to any military organization. Upon written
18 request, the county board shall furnish a copy of such list to
19 any candidate or party county chairman.
20 (c) Not less than five days preceding the election, the chief
21 clerk shall prepare a list for each election district showing
22 the names and post office addresses of all voting residents
23 thereof to whom official absentee ballots shall have been
24 issued. Each such list shall be prepared in duplicate, shall be
25 headed "Persons in (give identity of election district) to whom
26 absentee ballots have been issued for the election of (date of
27 election)," and shall be signed by him not less than four days
28 preceding the election. He shall [post the original of each such
29 list in a conspicuous place] maintain the original of each list
30 in the office of the county election board [and see that it is
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1 kept so posted until the close of the polls on election day].
2 Each list shall be open to public inspection at all times
3 subject to reasonable safeguards, rules and regulations,
4 including requiring any individual who asks to inspect a list to
5 identify himself by signing his name, and printing his name and
6 address on a form prepared by the county board. Upon written
7 request, the chief clerk shall furnish a copy of such list to
8 any candidate or party county chairman. He shall cause the
9 duplicate of each such list to be delivered to the judge of
10 election in the election district in the same manner and at the
11 same time as are provided in this act for the delivery of other
12 election supplies, and it shall be the duty of such judge of
13 election to [post] maintain such duplicate list [in a
14 conspicuous place] within the polling place of his district [and
15 see that it is kept so posted] throughout the time that the
16 polls are open. [Upon written request, he shall furnish a copy
17 of such list to any candidate or party county chairman.] The
18 judge of election shall make the duplicate list available for
19 inspection on the day of the election or primary subject to
20 reasonable safeguards, rules and regulations including requiring
21 any individual who asks to inspect a list to identify himself by
22 signing his name, and printing his name and address on a form
23 prepared by the county board.
24 Section 2. This act shall take effect in 60 days.
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