PRINTER'S NO. 216
No. 222 Session of 1999
INTRODUCED BY MELLOW, BODACK, MUSTO, STAPLETON, O'PAKE, KASUNIC,
WAGNER, COSTA, KUKOVICH, SLOCUM AND WAUGH, JANUARY 25, 1999
REFERRED TO STATE GOVERNMENT, JANUARY 25, 1999
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 date of application for
12 absentee ballot, for approval of application for absentee
13 ballot, for voting by absentee electors and for canvassing of
14 official absentee ballots.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 1302.1 of the act of June 3, 1937
18 (P.L.1333, No.320), known as the Pennsylvania Election Code,
19 amended February 13, 1998 (P.L.72, No.18), is amended to read:
20 Section 1302.1. Date of Application for Absentee Ballot.--
21 Applications for absentee ballots unless otherwise specified
22 shall be received in the office of the county board of elections
23 not earlier than fifty (50) days before the primary or election
24 and not later than five o'clock P.M. of the first Tuesday prior
1 to the day of any primary or election: Provided, however, That
2 in the event any elector otherwise qualified who is so
3 physically disabled or ill on or before the first Tuesday prior
4 to any primary or election that he is unable to file his
5 application or who becomes physically disabled or ill after the
6 first Tuesday prior to any primary or election and is unable to
7 appear at his polling place or any elector otherwise qualified
8 who because of the conduct of his business, duties or occupation
9 will necessarily be absent from the municipality of his
10 residence on the day of the primary or election, which fact was
11 not and could not reasonably be known to said elector on or
12 before the first Tuesday prior to any primary or election, shall
13 be entitled to an absentee ballot at any time prior to [five]
14 four o'clock P.M. on the [first Friday] Monday immediately
15 preceding any primary or election upon execution of an Emergency
16 Application in such form prescribed by the Secretary of the
17 Commonwealth.
18 In the case of an elector who is physically disabled or ill
19 on or before the first Tuesday prior to a primary or election or
20 becomes physically disabled or ill after the first Tuesday prior
21 to a primary or election, such Emergency Application shall
22 contain a supporting affidavit from his attending physician
23 stating that due to physical disability or illness said elector
24 was unable to apply for an absentee ballot on or before the
25 first Tuesday prior to the primary or election or became
26 physically disabled or ill after that period.
27 In the case of an elector who is necessarily absent because
28 of the conduct of his business, duties or occupation under the
29 unforeseen circumstances specified in this subsection, such
30 Emergency Application shall contain a supporting affidavit from
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1 such elector stating that because of the conduct of his
2 business, duties or occupation said elector will necessarily be
3 absent from the municipality of his residence on the day of the
4 primary or election which fact was not and could not reasonably
5 be known to said elector on or before the first Tuesday prior to
6 the primary or election.
7 Section 2. Section 1302.2 of the act, amended December 11,
8 1968 (P.L.1183, No.375), is amended to read:
9 Section 1302.2. Approval of Application for Absentee
10 Ballot.--
11 (a) The county board of elections, upon receipt of any
12 application filed by a qualified elector not required to be
13 registered under preceding section 1301, shall ascertain from
14 the information on such application, district register or from
15 any other source that such applicant possesses all the
16 qualifications of a qualified elector other than being
17 registered or enrolled. If the board is satisfied that the
18 applicant is qualified to receive an official absentee ballot,
19 the application shall be marked approved such approval decision
20 shall be final and binding except that challenges may be made
21 only on the ground that the applicant did not possess
22 qualifications of an absentee elector. Such challenges must be
23 made to the county board of elections prior to [5:00] 4:00
24 o'clock P. M. on the [first Friday prior to] Monday immediately
25 preceding the election. When so approved, the county board of
26 elections shall cause the applicant's name and residence (and at
27 a primary, the party enrollment) to be inserted in the Military,
28 Veterans and Emergency Civilians Absentee Voters File as
29 provided in section 1302.3, subsection (b): Providing, however,
30 That no application of any qualified elector in military service
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1 shall be rejected for failure to include on his application any
2 information if such information may be ascertained within a
3 reasonable time by the county board of elections.
4 (b) The county board of elections, upon receipt of any
5 application filed by a qualified elector who is entitled, under
6 the provisions of the Permanent Registration Law as now or
7 hereinafter enacted by the General Assembly, to absentee
8 registration prior to or concurrently with the time of voting as
9 provided under preceding section 1301, shall ascertain from the
10 information on such application or from any other source that
11 such applicant possesses all the qualifications of a qualified
12 elector. If the board is satisfied that the applicant is
13 entitled, under the provisions of the Permanent Registration Law
14 as now or hereinafter enacted by the General Assembly, to
15 absentee registration prior to or concurrently with the time of
16 voting and that the applicant is qualified to receive an
17 official absentee ballot, the application shall be marked
18 "approved." Such approval decision shall be final and binding
19 except that challenges may be made only on the ground that the
20 applicant did not possess the qualifications of an absentee
21 elector prior to or concurrently with the time of voting. Such
22 challenges must be made to the county board of elections prior
23 to [5:00] 4:00 o'clock P. M. on the [first Friday prior to]
24 Monday immediately preceding the election. When so approved, the
25 county board of elections shall cause the applicant's name and
26 residence (and at a primary, the party enrollment) to be
27 inserted in the Military, Veterans and Emergency Civilian
28 Absentee Voters File as provided in section 1302.3 subsection
29 (b).
30 (c) The county board of elections, upon receipt of any
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1 application of a qualified elector required to be registered
2 under the provisions of preceding section 1301, shall determine
3 the qualifications of such applicant by comparing the
4 information set forth on such application with the information
5 contained on the applicant's permanent registration card. If the
6 board is satisfied that the applicant is qualified to receive an
7 official absentee ballot, the application shall be marked
8 "approved." Such approval decision shall be final and binding,
9 except that challenges may be made only on the ground that the
10 applicant did not possess the qualifications of an absentee
11 elector. Such challenges must be made to the county board of
12 elections prior to [5:00] four o'clock P. M. on the [first
13 Friday prior to] Monday immediately preceding the election. When
14 so approved, the registration commission shall cause an absentee
15 voter's temporary registration card to be inserted in the
16 district register on top of and along with the permanent
17 registration card. The absentee voter's temporary registration
18 card shall be in the color and form prescribed in subsection (e)
19 of this section:
20 Provided, however, That the duties of the county boards of
21 elections and the registration commissions with respect to the
22 insertion of the absentee voter's temporary registration card of
23 any elector from the district register as set forth in section
24 1302.2 shall include only such applications and emergency
25 applications as are received on or before the first Tuesday
26 prior to the primary or election. In all cases where
27 applications are received after the first Tuesday prior to the
28 primary or election and before [five] four o'clock P. M. on the
29 [first Friday prior to] Monday immediately preceding the primary
30 or election, the county board of elections shall determine the
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1 qualifications of such applicant by comparing the information
2 set forth on such application with the information contained on
3 the applicant's duplicate registration card on file in the
4 General Register (also referred to as the Master File) in the
5 office of the Registration Commission and shall cause the name
6 and residence (and at primaries, the party enrollment) to be
7 inserted in the Military, Veterans and Emergency Civilian
8 Absentee Voters File as provided in section 1302.3, subsection
9 (b). In addition, the local district boards of elections shall,
10 upon canvassing the official absentee ballots under section
11 1308, examine the voting check list of the election district of
12 said elector's residence and satisfy itself that such elector
13 did not cast any ballot other than the one properly issued to
14 him under his absentee ballot application. In all cases where
15 the examination of the local district board of elections
16 discloses that an elector did vote a ballot other than the one
17 properly issued to him under the absentee ballot application,
18 the local district board of elections shall thereupon cancel
19 said absentee ballot and said elector shall be subject to the
20 penalties as hereinafter set forth.
21 (d) In the event that any application for an official
22 absentee ballot is not approved by the county board of
23 elections, the elector shall be notified immediately to that
24 effect with a statement by the county board of the reasons for
25 the disapproval.
26 (e) The absentee voter's temporary registration card shall be
27 in duplicate and the same size as the permanent registration
28 card, in a different and contrasting color to the permanent
29 registration card and shall contain the absentee voter's name
30 and address and shall conspicuously contain the words "Absentee
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1 Voter." Such card shall also contain the affidavit required by
2 subsection (b) of section 1306.
3 Section 3. Section 1306 of the act, amended February 13,
4 1998 (P.L.72, No.18), is amended to read:
5 Section 1306. Voting by Absentee Electors.--(a) At any time
6 after receiving an official absentee ballot, but on or before
7 five o'clock P. M. on the [Friday prior to] Monday immediately
8 preceding the primary or election, the elector shall, in secret,
9 proceed to mark the ballot only in black lead pencil, indelible
10 pencil or blue, black or blue-black ink, in fountain pen or ball
11 point pen, and then fold the ballot, enclose and securely seal
12 the same in the envelope on which is printed, stamped or
13 endorsed "Official Absentee Ballot." This envelope shall then be
14 placed in the second one, on which is printed the form of
15 declaration of the elector, and the address of the elector's
16 county board of election and the local election district of the
17 elector. The elector shall then fill out, date and sign the
18 declaration printed on such envelope. Such envelope shall then
19 be securely sealed and the elector shall send same by mail,
20 postage prepaid, except where franked, or deliver it in person
21 to said county board of election:
22 Provided, however, That any elector, spouse of the elector or
23 dependent of the elector, qualified in accordance with the
24 provisions of section 1301, subsections (e), (f), (g) and (h) to
25 vote by absentee ballot as herein provided, shall be required to
26 include on the form of declaration a supporting declaration in
27 form prescribed by the Secretary of the Commonwealth, to be
28 signed by the head of the department or chief of division or
29 bureau in which the elector is employed, setting forth the
30 identity of the elector, spouse of the elector or dependent of
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1 the elector:
2 Provided further, That any elector who has filed his
3 application in accordance with section 1302 subsection (e) (2),
4 and is unable to sign his declaration because of illness or
5 physical disability, shall be excused from signing upon making a
6 declaration which shall be witnessed by one adult person in
7 substantially the following form: I hereby declare that I am
8 unable to sign my declaration for voting my absentee ballot
9 without assistance because I am unable to write by reason of my
10 illness or physical disability. I have made or received
11 assistance in making my mark in lieu of my signature.
12 .....................(Mark)
13 ...................................
14 (Date)
15 ...............................
16 (Signature of Witness)
17 ...................................
18 (Complete Address of Witness)
19 (b) In the event that any such elector, excepting an elector
20 in military service or any elector unable to go to his polling
21 place because of illness or physical disability, entitled to
22 vote an official absentee ballot shall be in the municipality of
23 his residence on the day for holding the primary or election for
24 which the ballot was issued, or in the event any such elector
25 shall have recovered from his illness or physical disability
26 sufficiently to permit him to present himself at the proper
27 polling place for the purpose of casting his ballot, such
28 absentee ballot cast by such elector shall, be declared void.
29 Any such elector referred to in this subsection, who is
30 within the municipality of his residence, must present himself
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1 at his polling place and shall be permitted to vote upon
2 presenting himself at his regular polling place in the same
3 manner as he could have voted had he not received an absentee
4 ballot: Provided, That such elector has first presented himself
5 to the judge of elections in his local election district and
6 shall have signed the affidavit on the absentee voter's
7 temporary registration card, which affidavit shall be in
8 substantially the following form:
9 I hereby swear that I am a qualified registered elector who
10 has obtained an absentee ballot, however, I am present in the
11 municipality of my residence and physically able to present
12 myself at my polling place and therefore request that my
13 absentee ballot be voided.
14 ..............................
15 (Date) (Signature of Elector)
16 .........................................
17 (Local Judge of Elections)
18 An elector who has received an absentee ballot under the
19 emergency application provisions of section 1302.1, and for
20 whom, therefore, no temporary absentee voter's registration card
21 is in the district register, shall sign the aforementioned
22 affidavit in any case, which the local judge of elections shall
23 then cause to be inserted in the district register with the
24 elector's permanent registration card.
25 Section 4. Section 1308 of the act, amended December 11,
26 1968 (P.L.1183, No.375), is amended to read:
27 Section 1308. Canvassing of Official Absentee Ballots.--
28 (a) The county boards of election, upon receipt of official
29 absentee ballots in such envelopes, shall safely keep the same
30 in sealed or locked containers until they distribute same to the
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1 appropriate local election districts in a manner prescribed by
2 the Secretary of the Commonwealth.
3 The county board of elections shall then distribute the
4 absentee ballots, unopened, to the absentee voter's respective
5 election district concurrently with the distribution of the
6 other election supplies. Absentee ballots shall be canvassed
7 immediately and continuously without interruption until
8 completed after the close of the polls on the day of the
9 election in each election district. The results of the canvass
10 of the absentee ballots shall then be included in and returned
11 to the county board with the returns of that district. No
12 absentee ballot shall be counted which is received in the office
13 of the county board of election later than [five] four o'clock
14 P. M. on the [Friday] Monday immediately preceding the primary
15 or November election.
16 * * *
17 Section 5. This act shall take effect January 1, 2000, or
18 immediately, whichever is later.
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