PRINTER'S NO. 647
No. 610 Session of 2001
INTRODUCED BY BOSCOLA, O'PAKE, MUSTO, COSTA, LOGAN, BODACK,
STACK AND KASUNIC, MARCH 12, 2001
REFERRED TO STATE GOVERNMENT, MARCH 12, 2001
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," providing for ballots cast by certain absentee
12 voters.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
16 as the Pennsylvania Election Code, is amended by adding a
17 section to read:
18 Section 1302.4. Standard for Invalidation of Certain
19 Ballots.--(a) A ballot submitted in an election by an absent
20 uniformed services voter shall not be void on the grounds that
21 the ballot was improperly or fraudulently cast unless, upon
22 clear and convincing evidence, there is a finding of fraud in
1 the preparation or casting of the ballot by the voter. For
2 purposes of this subsection, the lack of a witness signature,
3 address, postmark or other identifying information may not be
4 considered clear and convincing evidence of fraud, absent any
5 other information or evidence.
6 (b) Nothing in this section may be construed to affect the
7 application of any ballot submission deadline applicable to
8 ballots submitted by absent uniformed services voters under this
9 act.
10 (c) The words "absent uniformed services voter" shall have
11 the meaning given such term in section 107(1) of the Uniformed
12 and Overseas Citizens Absentee Voting Act (Public Law 99-410,
13 100 Stat. 924).
14 Section 2. This act shall take effect in 60 days.
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