PRIOR PRINTER'S NO. 1491 PRINTER'S NO. 1869
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, GRELL, CIVERA, BASTIAN,
O'NEILL, REICHLEY, BARRAR, CLYMER, DENLINGER, BOYD, ROHRER
AND ROBERTS, MARCH 31, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 3, 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 MANNER OF APPLYING TO VOTE <--
12 AND for absentee electors files and 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 1. SECTION 1210(A.3) OF THE ACT OF JUNE 3, 1937 <--
20 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE,
1 AMENDED OCTOBER 8, 2004 (P.L.807, NO.97), IS AMENDED TO READ:
2 SECTION 1210. MANNER OF APPLYING TO VOTE; PERSONS ENTITLED
3 TO VOTE; VOTER'S CERTIFICATES; ENTRIES TO BE MADE IN DISTRICT
4 REGISTER; NUMBERED LISTS OF VOTERS; CHALLENGES.--(A) AT EVERY
5 PRIMARY AND ELECTION EACH ELECTOR WHO APPEARS TO VOTE IN THAT
6 ELECTION DISTRICT FOR THE FIRST TIME AND WHO DESIRES TO VOTE
7 SHALL FIRST PRESENT TO AN ELECTION OFFICER ONE OF THE FOLLOWING
8 FORMS OF PHOTO IDENTIFICATION:
9 * * *
10 (A.3) ALL ELECTORS, INCLUDING ANY ELECTOR THAT SHOWS
11 IDENTIFICATION PURSUANT TO SUBSECTION (A), SHALL SUBSEQUENTLY
12 SIGN A VOTER'S CERTIFICATE IN BLUE, BLACK OR BLUE-BLACK INK WITH
13 A FOUNTAIN PEN OR BALL POINT PEN, AND, UNLESS HE IS A STATE OR
14 FEDERAL EMPLOYE WHO HAS REGISTERED UNDER ANY REGISTRATION ACT
15 WITHOUT DECLARING HIS RESIDENCE BY STREET AND NUMBER, HE SHALL
16 INSERT HIS ADDRESS THEREIN, AND HAND THE SAME TO THE ELECTION
17 OFFICER IN CHARGE OF THE DISTRICT REGISTER. SUCH ELECTION
18 OFFICER SHALL THEREUPON ANNOUNCE THE ELECTOR'S NAME SO THAT IT
19 MAY BE HEARD BY ALL MEMBERS OF THE ELECTION BOARD AND BY ALL
20 WATCHERS PRESENT IN THE POLLING PLACE AND SHALL COMPARE THE
21 ELECTOR'S SIGNATURE ON HIS VOTER'S CERTIFICATE WITH HIS
22 SIGNATURE IN THE DISTRICT REGISTER. IF, UPON SUCH COMPARISON,
23 THE SIGNATURE UPON THE VOTER'S CERTIFICATE APPEARS TO BE
24 GENUINE, THE ELECTOR WHO HAS SIGNED THE CERTIFICATE SHALL, IF
25 OTHERWISE QUALIFIED, BE PERMITTED TO VOTE: PROVIDED, THAT IF THE
26 SIGNATURE ON THE VOTER'S CERTIFICATE, AS COMPARED WITH THE
27 SIGNATURE AS RECORDED IN THE DISTRICT REGISTER, SHALL NOT BE
28 DEEMED AUTHENTIC BY ANY OF THE ELECTION OFFICERS, SUCH ELECTOR
29 SHALL NOT BE DENIED THE RIGHT TO VOTE FOR THAT REASON, BUT SHALL
30 BE CONSIDERED CHALLENGED AS TO IDENTITY AND REQUIRED TO MAKE THE
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1 AFFIDAVIT AND PRODUCE THE EVIDENCE AS PROVIDED IN SUBSECTION (D)
2 OF THIS SECTION. WHEN AN ELECTOR HAS BEEN FOUND ENTITLED TO
3 VOTE, THE ELECTION OFFICER WHO EXAMINED HIS VOTER'S CERTIFICATE
4 AND COMPARED HIS SIGNATURE SHALL SIGN HIS NAME OR INITIALS ON
5 THE VOTER'S CERTIFICATE, SHALL, IF THE ELECTOR'S SIGNATURE IS
6 NOT READILY LEGIBLE, PRINT SUCH ELECTOR'S NAME OVER HIS
7 SIGNATURE, AND THE NUMBER OF THE STUB OF THE BALLOT ISSUED TO
8 HIM OR HIS NUMBER IN THE ORDER OF ADMISSION TO THE VOTING
9 MACHINES, AND AT PRIMARIES A LETTER OR ABBREVIATION DESIGNATING
10 THE PARTY IN WHOSE PRIMARY HE VOTES SHALL ALSO BE ENTERED BY ONE
11 OF THE ELECTION OFFICERS OR CLERKS. AS EACH VOTER IS FOUND TO BE
12 QUALIFIED AND VOTES, THE ELECTION OFFICER IN CHARGE OF THE
13 DISTRICT REGISTER SHALL WRITE OR STAMP THE DATE OF THE ELECTION
14 OR PRIMARY, THE NUMBER OF THE STUB OF THE BALLOT ISSUED TO HIM
15 OR HIS NUMBER IN THE ORDER OF ADMISSION TO THE VOTING MACHINES,
16 AND AT PRIMARIES A LETTER OR ABBREVIATION DESIGNATING THE PARTY
17 IN WHOSE PRIMARY HE VOTES, AND SHALL SIGN HIS NAME OR INITIALS
18 IN THE PROPER SPACE ON THE REGISTRATION CARD OF SUCH VOTER
19 CONTAINED IN THE DISTRICT REGISTER.
20 AS EACH VOTER VOTES, HIS NAME IN THE ORDER OF VOTING SHALL BE
21 RECORDED IN TWO (2) NUMBERED LISTS OF VOTERS PROVIDED FOR THAT
22 PURPOSE, WITH THE ADDITION OF A NOTE OF EACH VOTER'S PARTY
23 ENROLLMENT AFTER HIS NAME AT PRIMARIES.
24 * * *
25 SECTION 2. SECTION 1302.3 OF THE ACT, AMENDED DECEMBER 11,
26 1968 (P.L.1183, NO.375), IS AMENDED TO READ:
27 Section 1302.3. Absentee Electors Files and Lists.--(a) The
28 county board of elections shall maintain at its office a file
29 containing the duplicate absentee voter's temporary registration
30 cards of every registered elector to whom an absentee ballot has
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1 been sent. Such duplicate absentee voter's temporary
2 registration cards shall be filed by election districts and
3 within each election district in exact alphabetical order and
4 indexed. The registration cards so filed shall constitute the
5 Registered Absentee Voters File for the Primary or Election of
6 (date of primary or election) and shall be kept on file for a
7 period commencing the Tuesday prior to the day of the primary or
8 election until the day following the primary or election or the
9 day the county board of elections certifies the returns of the
10 primary or election, whichever date is later. Such file shall be
11 open to public inspection at all times subject to reasonable
12 safeguards, rules and regulations[.], including requiring any
13 individual who asks to inspect the file to identify himself, AND <--
14 PRESENT IDENTIFICATION THAT INCLUDES A PHOTOGRAPH AND SIGNATURE,
15 by signing his name, and printing his name and address on a form
16 prepared by the county board. THE COUNTY BOARD OF ELECTIONS <--
17 SHALL POST IN A CONSPICUOUS PUBLIC PLACE AT ITS OFFICE A SIGN
18 STATING THAT THE FILE IS OPEN TO PUBLIC INSPECTION UPON
19 COMPLETION OF THE FORM.
20 (b) The county board of elections shall [post in a
21 conspicuous public place] maintain at its office a master list
22 arranged in alphabetical order by election districts setting
23 forth the name and residence, and at primaries, the party
24 enrollment, of (1) every military elector to whom an absentee
25 ballot is being sent, each such name to be prefixed with an "M";
26 (2) every bedridden or hospitalized veteran outside the county
27 of his residence who is not registered and to whom an absentee
28 ballot is being sent, each such name to be prefixed with a "V";
29 and (3) every registered elector who has filed his application
30 for an absentee ballot too late for the extraction of his
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1 original registration card and to whom a ballot is being sent
2 and every qualified elector who has filed his application for an
3 absentee ballot and is entitled, under provisions of the
4 Permanent Registration Law as now or hereinafter enacted by the
5 General Assembly, to absentee registration prior to or
6 concurrently with the time of voting, each such name to be
7 prefixed with a "C." This list shall be known as the Military,
8 Veterans and Emergency Civilians Absentee Voters File for the
9 Primary or Election of (date of primary or election) [and shall
10 be posted for a period commencing the Tuesday prior to the day
11 of the primary or election until the day following the primary
12 or election or the day on which the county board of elections
13 certifies the returns of the primary or election, whichever date
14 is later]. Such [file] list shall be open to public inspection
15 at all times subject to reasonable safeguards, rules and
16 regulations[.], including requiring any individual who asks to
17 inspect the list to identify himself, AND PRESENT IDENTIFICATION <--
18 THAT INCLUDES A PHOTOGRAPH AND SIGNATURE, by signing his name,
19 and printing his name and address on a form prepared by the
20 county board. THE COUNTY BOARD OF ELECTIONS SHALL POST IN A <--
21 CONSPICUOUS PUBLIC PLACE AT ITS OFFICE A SIGN STATING THAT THE
22 LIST IS OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM.
23 This [posted] list shall not contain any military address or
24 references to any military organization. Upon written request,
25 the county board shall furnish a copy of such list to any
26 candidate or party county chairman.
27 (c) Not less than five days preceding the election, the chief
28 clerk shall prepare a list for each election district showing
29 the names and post office addresses of all voting residents
30 thereof to whom official absentee ballots shall have been
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1 issued. Each such list shall be prepared in duplicate, shall be
2 headed "Persons in (give identity of election district) to whom
3 absentee ballots have been issued for the election of (date of
4 election)," and shall be signed by him not less than four days
5 preceding the election. He shall [post the original of each such
6 list in a conspicuous place] maintain the original of each list
7 in the office of the county election board [and see that it is
8 kept so posted until the close of the polls on election day].
9 Each list shall be open to public inspection at all times
10 subject to reasonable safeguards, rules and regulations,
11 including requiring any individual who asks to inspect a list to
12 identify himself, AND PRESENT IDENTIFICATION THAT INCLUDES A <--
13 PHOTOGRAPH AND SIGNATURE, by signing his name, and printing his
14 name and address on a form prepared by the county board. THE <--
15 CHIEF CLERK SHALL POST IN A CONSPICUOUS PUBLIC PLACE IN THE
16 OFFICE OF THE COUNTY ELECTION BOARD A SIGN STATING THAT THE LIST
17 IS OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM. Upon
18 written request, the chief clerk shall furnish a copy of such
19 list to any candidate or party county chairman. He shall cause
20 the duplicate of each such list to be delivered to the judge of
21 election in the election district in the same manner and at the
22 same time as are provided in this act for the delivery of other
23 election supplies, and it shall be the duty of such judge of
24 election to [post] maintain such duplicate list [in a
25 conspicuous place] within the polling place of his district [and
26 see that it is kept so posted] throughout the time that the
27 polls are open. [Upon written request, he shall furnish a copy
28 of such list to any candidate or party county chairman.] The
29 judge of election shall make the duplicate list available for
30 inspection on the day of the election or primary subject to
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1 reasonable safeguards, rules and regulations including requiring
2 any individual who asks to inspect a list to identify himself, <--
3 AND PRESENT IDENTIFICATION THAT INCLUDES A PHOTOGRAPH AND
4 SIGNATURE, by signing his name, and printing his name and
5 address on a form prepared by the county board. THE JUDGE OF <--
6 ELECTION SHALL POST IN A CONSPICUOUS PUBLIC PLACE WITHIN THE
7 POLLING PLACE OF HIS DISTRICT A SIGN STATING THAT THE DUPLICATE
8 LIST IS OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM.
9 Section 2 3. This act shall take effect in 60 days. <--
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