PRINTER'S NO. 186
No. 186 Session of 1989
INTRODUCED BY HELFRICK, ARMSTRONG AND PECORA, JANUARY 23, 1989
REFERRED TO STATE GOVERNMENT, JANUARY 23, 1989
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 violations relating to
12 absentee voting.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1853 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 amended August 13, 1963 (P.L.707, No.379), is amended to read:
18 Section 1853. Violations of Provisions Relating to Absentee
19 Electors Ballots.--If any person shall sign an application for
20 absentee ballot or declaration of elector on the forms
21 prescribed knowing any matter declared therein to be false, or
22 shall vote any ballot other than one properly issued to him, or
23 vote or attempt to vote more than once in any election for which
1 an absentee ballot shall have been issued to him, or shall by
2 coercion or undue influence cause an elector to vote his
3 absentee ballot contrary to the wishes of such elector, or shall
4 violate any other provisions of Article XIII of this act, he
5 shall be guilty of a misdemeanor of the second degree, and, upon
6 conviction, shall be sentenced to pay a fine not exceeding [one
7 thousand dollars ($1000)] five thousand dollars ($5,000), or be
8 imprisoned for a term not exceeding [one year] two years, or
9 both, at the discretion of the court.
10 If any chief clerk or member of a board of elections, member
11 of a return board or member of a board of registration
12 commissioners, shall neglect or refuse to perform any of the
13 duties prescribed by Article XIII of this act, or shall reveal
14 or divulge any of the details of any ballot cast in accordance
15 with the provisions of Article XIII of this act, or shall count
16 an absentee ballot knowing the same to be contrary to Article
17 XIII, or shall reject an absentee ballot without reason to
18 believe that the same is contrary to Article XIII, or shall
19 permit an elector to cast his ballot at a polling place knowing
20 that there has been issued to the elector an absentee ballot, he
21 shall be guilty of a misdemeanor, and, upon conviction, shall be
22 punished by a fine not exceeding one thousand dollars ($1000),
23 or be imprisoned for a term of one year, or both, at the
24 discretion of the court.
25 Section 2. This act shall take effect in 60 days.
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