PRIOR PRINTER'S NOS. 508, 2137 PRINTER'S NO. 2373
No. 469 Session of 2005
INTRODUCED BY E. Z. TAYLOR, PICKETT, MAJOR, KILLION, ARMSTRONG, BARRAR, BEBKO-JONES, CALTAGIRONE, CAPPELLI, CORNELL, CRAHALLA, CREIGHTON, CURRY, FRANKEL, FREEMAN, GOOD, HERSHEY, LEH, MANN, MARSICO, McILHATTAN, R. MILLER, MUNDY, MUSTIO, PHILLIPS, RUBLEY, SCHRODER, STERN, SURRA, WATSON, GEIST, MANDERINO, THOMAS, JAMES, FABRIZIO, McILHINNEY AND YOUNGBLOOD, FEBRUARY 14, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 28, 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," defining "unincorporated association"; and 12 further providing FOR QUALIFICATIONS OF ELECTORS AT <-- 13 PRIMARIES, for date of application for absentee ballot, for 14 voting by absentee electors and for canvassing of official 15 absentee ballots. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Section 102 of the act of June 3, 1937 (P.L.1333, 19 No.320), known as the Pennsylvania Election Code, is amended by 20 adding a clause to read: 21 Section 102. Definitions.--The following words, when used in
1 this act, shall have the following meanings, unless otherwise 2 clearly apparent from the context: 3 * * * 4 (z.5) The words "unincorporated association" shall mean any 5 form of unincorporated enterprise owned by one or more persons, 6 other than a partnership, a limited liability partnership or a 7 limited liability company that is treated as a partnership for 8 Federal income tax purposes. 9 SECTION 2. SECTION 702 OF THE ACT IS AMENDED TO READ: <-- 10 SECTION 702. QUALIFICATIONS OF ELECTORS AT PRIMARIES.--(A) 11 THE QUALIFICATIONS OF ELECTORS ENTITLED TO VOTE AT PRIMARIES 12 SHALL BE THE SAME AS THE QUALIFICATIONS OF ELECTORS ENTITLED TO 13 VOTE AT ELECTIONS WITHIN THE ELECTION DISTRICT WHERE THE PRIMARY 14 IS HELD, PROVIDED THAT NO ELECTOR WHO IS NOT REGISTERED AND 15 ENROLLED AS A MEMBER OF A POLITICAL PARTY, IN ACCORDANCE WITH 16 THE PROVISIONS OF THIS ACT, SHALL BE PERMITTED TO VOTE THE 17 BALLOT OF SUCH PARTY OR ANY OTHER PARTY BALLOT AT ANY PRIMARY. 18 (B) AN INDIVIDUAL WHO OTHERWISE MEETS THE REQUIREMENTS OF 25 19 PA.C.S. § 1301 (RELATING TO QUALIFICATIONS TO REGISTER) WHO WILL 20 BE AT LEAST EIGHTEEN YEARS OF AGE ON THE DAY OF THE NEXT GENERAL 21 OR MUNICIPAL ELECTION MAY REGISTER AND VOTE FOR THE 22 CORRESPONDING PRIMARY. 23 Section 2 3. Sections 1302.1 and 1306 of the act, amended <-- 24 February 13, 1998 (P.L.72, No.18), are amended to read: 25 Section 1302.1. Date of Application for Absentee Ballot.-- 26 [Applications for absentee ballots unless otherwise 27 specified] 28 (a) Except as provided in subsections (b) and (c), 29 applications for absentee ballots shall be received in the 30 office of the county board of elections not earlier than fifty 20050H0469B2373 - 2 -
1 (50) days before the primary or election and not later than five 2 o'clock P.M. of the first Tuesday prior to the day of any 3 primary or election.[: Provided, however, That] 4 (b) Except as provided in subsection (c), in the event any 5 elector otherwise qualified who is so physically disabled or ill 6 on or before the first Tuesday prior to any primary or election 7 that he is unable to file his application or who becomes 8 physically disabled or ill after the first Tuesday prior to any 9 primary or election and is unable to appear at his polling place 10 or any elector otherwise qualified who because of the conduct of 11 his business, duties or occupation will necessarily be absent 12 from the municipality of his residence on the day of the primary 13 or election, which fact was not and could not reasonably be 14 known to said elector on or before the first Tuesday prior to 15 any primary or election, the elector shall be entitled to an 16 absentee ballot at any time prior to five o'clock P.M. on the 17 first Friday preceding any primary or election upon execution of 18 an Emergency Application in such form prescribed by the 19 Secretary of the Commonwealth. 20 (c) In the event any elector otherwise qualified who becomes 21 so physically disabled or ill between five o'clock P.M. on the 22 first Friday preceding any primary or election and eight o'clock 23 P.M. on the day of any primary or election that he is unable to 24 appear at his polling place or any elector otherwise qualified 25 who because of the conduct of his business, duties or occupation 26 will necessarily be absent from the municipality of his 27 residence on the day of the primary or election, which fact was 28 not and could not reasonably be known to said elector prior to 29 five o'clock P.M. on the first Friday preceding any primary or 30 election, the elector shall be entitled to an absentee ballot if 20050H0469B2373 - 3 -
1 the elector completes and files with the court of common pleas 2 in the county in which the elector is qualified to vote an 3 Emergency Application or a letter or other signed document, 4 which includes the same information as is provided on the 5 Emergency Application. Upon a determination that the elector is 6 a qualified absentee elector under section 1301, the judge shall 7 issue an absentee ballot to the elector. THE ELECTOR SHALL <-- 8 DESIGNATE SOMEONE TO RECEIVE THE ABSENTEE BALLOT IN THE 9 APPLICATION, LETTER OR OTHER SIGNED DOCUMENT THAT THE ELECTOR 10 SUBMITS REQUESTING THE EMERGENCY ABSENTEE BALLOT AND THE JUDGE 11 SHALL GIVE THE ELECTOR'S ABSENTEE BALLOT TO THAT DESIGNATED 12 PERSON IF THE ELECTOR IS UNABLE TO APPEAR TO RECEIVE THE BALLOT. 13 THE ELECTOR LIKEWISE SHALL IDENTIFY ANY PERSON WHO WILL ASSIST 14 THE ELECTOR IN MARKING THE ELECTOR'S BALLOT. TO QUALIFY, THE 15 PERSON RENDERING ASSISTANCE SHALL BE IDENTIFIED EITHER BY COURT 16 ORDER OR IN RECORDS OF THE COUNTY AS A PERSON AUTHORIZED TO 17 PROVIDE VOTING ASSISTANCE. THE PERSON, OR A DEPUTY SHERIFF, 18 SHALL DECLARE IN WRITING THAT ASSISTANCE WAS RENDERED. IF NO 19 DECLARATION IS FILED AND ANOTHER PERSON WITNESSES A PERSON 20 RENDERING VOTING ASSISTANCE, THE PERSON RENDERING ASSISTANCE HAS 21 COMMITTED A VIOLATION OF THIS ACT. If the elector is unable to 22 appear in court to receive the ballot, the judge shall give the 23 elector's absentee ballot to an authorized representative of the 24 elector. The authorized representative shall deliver the 25 absentee ballot to the elector and return the completed absentee 26 ballot, sealed in the official absentee ballot envelopes, to the 27 county board of elections, who shall distribute the ballot, 28 unopened, to the absentee voter's election district. If the 29 elector is unable to appear in court or unable to obtain 30 assistance from an authorized representative, the judge shall 20050H0469B2373 - 4 -
1 direct a deputy sheriff of the county to deliver the absentee 2 ballot to the elector if the elector is at a physical location 3 within the county and return the completed absentee ballot, 4 sealed in the official absentee ballot envelopes, to the county 5 board of elections who shall distribute the ballots unopened to 6 the absentee voter's respective election district. IF A DEPUTY <-- 7 SHERIFF IS UNAVAILABLE TO DELIVER AN ABSENTEE BALLOT UNDER THIS 8 SECTION, THE JUDGE SHALL DIRECT A CONSTABLE OR AN EMPLOYE OR 9 OFFICIAL OF THE COUNTY BOARD OF ELECTIONS TO MAKE SUCH DELIVERY, 10 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NO ABSENTEE 11 BALLOT UNDER THIS SUBSECTION SHALL BE COUNTED WHICH IS RECEIVED 12 IN THE OFFICE OF THE COUNTY BOARD OF ELECTIONS LATER THAN EIGHT 13 O'CLOCK P.M. ON THE DAY OF THE PRIMARY OR ELECTION. 14 (d) In the case of an elector who is physically disabled or 15 ill on or before the first Tuesday prior to a primary or 16 election or becomes physically disabled or ill after the first 17 Tuesday prior to a primary or election, such Emergency 18 Application, letter or other signed document shall contain a 19 supporting affidavit from his attending physician stating that 20 due to physical disability or illness said elector was unable to 21 apply for an absentee ballot on or before the first Tuesday 22 prior to the primary or election or became physically disabled 23 or ill after that period. 24 (e) In the case of an elector who is necessarily absent 25 because of the conduct of his business, duties or occupation 26 under the unforeseen circumstances specified in [this 27 subsection] subsections (b) and (c), such Emergency Application, 28 letter or other signed document shall contain a supporting 29 affidavit from such elector stating that because of the conduct 30 of his business, duties or occupation said elector will 20050H0469B2373 - 5 -
1 necessarily be absent from the municipality of his residence on 2 the day of the primary or election which fact was not and could 3 not reasonably be known to said elector on or before the first 4 Tuesday prior to the primary or election. 5 Section 1306. Voting by Absentee Electors.--(a) [At] Except 6 as provided in paragraphs (1), (2) and (3), at any time after 7 receiving an official absentee ballot, but on or before five 8 o'clock P. M. on the Friday prior to the primary or election, 9 the elector shall, in secret, proceed to mark the ballot only in 10 black lead pencil, indelible pencil or blue, black or blue-black 11 ink, in fountain pen or ball point pen, and then fold the 12 ballot, enclose and securely seal the same in the envelope on 13 which is printed, stamped or endorsed "Official Absentee 14 Ballot." 15 (1) Any elector who submits an Emergency Application and 16 receives an absentee ballot in accordance with section 1302.1(b) 17 or (c) shall mark the ballot on or before eight o'clock P.M. on 18 the day of the primary or election. This envelope shall then be 19 placed in the second one, on which is printed the form of 20 declaration of the elector, and the address of the elector's 21 county board of election and the local election district of the 22 elector. The elector shall then fill out, date and sign the 23 declaration printed on such envelope. Such envelope shall then 24 be securely sealed and the elector shall send same by mail, 25 postage prepaid, except where franked, or deliver it in person 26 to said county board of election[:]. 27 [Provided, however, That any] (2) Any elector, spouse of the 28 elector or dependent of the elector, qualified in accordance 29 with the provisions of section 1301, subsections (e), (f), (g) 30 and (h) to vote by absentee ballot as herein provided, shall be 20050H0469B2373 - 6 -
1 required to include on the form of declaration a supporting 2 declaration in form prescribed by the Secretary of the 3 Commonwealth, to be signed by the head of the department or 4 chief of division or bureau in which the elector is employed, 5 setting forth the identity of the elector, spouse of the elector 6 or dependent of the elector[:]. 7 [Provided further, That any] (3) Any elector who has filed 8 his application in accordance with section 1302 subsection (e) 9 (2), and is unable to sign his declaration because of illness or 10 physical disability, shall be excused from signing upon making a 11 declaration which shall be witnessed by one adult person in 12 substantially the following form: I hereby declare that I am 13 unable to sign my declaration for voting my absentee ballot 14 without assistance because I am unable to write by reason of my 15 illness or physical disability. I have made or received 16 assistance in making my mark in lieu of my signature. 17 .....................(Mark) 18 ................................... 19 (Date) 20 ............................... 21 (Signature of Witness) 22 ................................... 23 (Complete Address of Witness) 24 (b) In the event that any such elector, excepting an elector 25 in military service or any elector unable to go to his polling 26 place because of illness or physical disability, entitled to 27 vote an official absentee ballot shall be in the municipality of 28 his residence on the day for holding the primary or election for 29 which the ballot was issued, or in the event any such elector 30 shall have recovered from his illness or physical disability 20050H0469B2373 - 7 -
1 sufficiently to permit him to present himself at the proper
2 polling place for the purpose of casting his ballot, such
3 absentee ballot cast by such elector shall, be declared void.
4 Any such elector referred to in this subsection, who is
5 within the municipality of his residence, must present himself
6 at his polling place and shall be permitted to vote upon
7 presenting himself at his regular polling place in the same
8 manner as he could have voted had he not received an absentee
9 ballot: Provided, That such elector has first presented himself
10 to the judge of elections in his local election district and
11 shall have signed the affidavit on the absentee voter's
12 temporary registration card, which affidavit shall be in
13 substantially the following form:
14 I hereby swear that I am a qualified registered elector who
15 has obtained an absentee ballot, however, I am present in the
16 municipality of my residence and physically able to present
17 myself at my polling place and therefore request that my
18 absentee ballot be voided.
19 ..............................
20 (Date) (Signature of Elector)
21 .........................................
22 (Local Judge of Elections)
23 An elector who has received an absentee ballot under the
24 emergency application provisions of section 1302.1, and for
25 whom, therefore, no temporary absentee voter's registration card
26 is in the district register, shall sign the aforementioned
27 affidavit in any case, which the local judge of elections shall
28 then cause to be inserted in the district register with the
29 elector's permanent registration card.
30 Section 3 4. Section 1308 of the act, amended December 11, <--
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1 1968 (P.L.1183, No.375), February 13, 1998 (P.L.72, No.18) and 2 December 9, 2002 (P.L.1246, No.150), is amended to read: 3 Section 1308. Canvassing of Official Absentee Ballots.-- 4 (a) The county boards of election, upon receipt of official 5 absentee ballots in such envelopes, shall safely keep the same 6 in sealed or locked containers until they distribute same to the 7 appropriate local election districts in a manner prescribed by 8 the Secretary of the Commonwealth. 9 [The] Except as provided in section 1302.1(c), the county 10 board of elections shall then distribute the absentee ballots, 11 unopened, to the absentee voter's respective election district 12 concurrently with the distribution of the other election 13 supplies. Absentee ballots shall be canvassed immediately and 14 continuously without interruption until completed after the 15 close of the polls on the day of the election in each election 16 district. The results of the canvass of the absentee ballots 17 shall then be included in and returned to the county board with 18 the returns of that district. No absentee ballot shall be 19 counted which is received in the office of the county board of 20 election later than [five o'clock P.M. on the Friday immediately <-- 21 preceding the primary or November election.] eight o'clock P.M. <-- 22 on the day of the primary or election. 23 (b) Watchers shall be permitted to be present when the 24 envelopes containing official absentee ballots are opened and 25 when such ballots are counted and recorded. 26 (b.1) In all election districts in which electronic voting 27 systems are used, absentee ballots shall be opened at the 28 election district, checked for write-in votes in accordance with 29 section 1113-A and then either hand-counted or counted by means 30 of the automatic tabulation equipment, whatever the case may be. 20050H0469B2373 - 9 -
1 (d) Whenever it shall appear by due proof that any absentee 2 elector who has returned his ballot in accordance with the 3 provisions of this act has died prior to the opening of the 4 polls on the day of the primary or election, the ballot of such 5 deceased elector shall be rejected by the canvassers but the 6 counting of the ballot of an elector thus deceased shall not of 7 itself invalidate any nomination or election. 8 (e) At such time the local election board shall then further 9 examine the declaration on each envelope not so set aside and 10 shall compare the information thereon with that contained in the 11 "Registered Absentee Voters File," the absentee voters' list and 12 the "Military Veterans and Emergency Civilians Absentee Voters 13 File." If the local election board is satisfied that the 14 declaration is sufficient and the information contained in the 15 "Registered Absentee Voters File," the absentee voters' list and 16 the "Military Veterans and Emergency Civilians Absentee Voters 17 File" verifies his right to vote, the local election board shall 18 announce the name of the elector and shall give any watcher 19 present an opportunity to challenge any absentee elector upon 20 the ground or grounds (1) that the absentee elector is not a 21 qualified elector; or (2) that the absentee elector was within 22 the municipality of his residence on the day of the primary or 23 election during the period the polls were open, except where he 24 was in military service or except in the case where his ballot 25 was obtained for the reason that he was unable to appear 26 personally at the polling place because of illness or physical 27 disability; or (3) that the absentee elector was able to appear 28 personally at the polling place on the day of the primary or 29 election during the period the polls were open in the case his 30 ballot was obtained for the reason that he was unable to appear 20050H0469B2373 - 10 -
1 personally at the polling place because of illness or physical 2 disability. Upon challenge of any absentee elector, as set forth 3 herein the local election board shall mark "challenged" on the 4 envelope together with the reason or reasons therefor, and the 5 same shall be set aside for return to the county board unopened 6 pending decision by the county board and shall not be counted. 7 All absentee ballots not challenged for any of the reasons 8 provided herein shall be counted and included with the general 9 return of paper ballots or voting machines, as the case may be 10 as follows. Thereupon, the local election board shall open the 11 envelope of every unchallenged absentee elector in such manner 12 as not to destroy the declaration executed thereon. All of such 13 envelopes on which are printed, stamped or endorsed the words 14 "Official Absentee Ballot" shall be placed in one or more 15 depositories at one time and said depository or depositories 16 well shaken and the envelopes mixed before any envelope is taken 17 therefrom. If any of these envelopes shall contain any 18 extraneous marks or identifying symbols other than the words 19 "Official Absentee Ballot," the envelopes and the ballots 20 contained therein shall be set aside and declared void. The 21 local election board shall then break the seals of such 22 envelopes, remove the ballots and record the votes in the same 23 manner as district election officers are required to record 24 votes. With respect to the challenged ballots, they shall be 25 returned to the county board with the returns of the local 26 election district where they shall be placed unopened in a 27 secure, safe and sealed container in the custody of the county 28 board until it shall fix a time and place for a formal hearing 29 of all such challenges and notice shall be given where possible 30 to all absentee electors thus challenged and to every attorney, 20050H0469B2373 - 11 -
1 watcher or candidate who made such challenge. The time for the 2 hearing shall not be later than seven (7) days after the date of 3 said challenge. On the day fixed for said hearing, the county 4 board shall proceed without delay to hear said challenges and, 5 in hearing the testimony, the county board shall not be bound by 6 technical rules of evidence. The testimony presented shall be 7 stenographically recorded and made part of the record of the 8 hearing. The decision of the county board in upholding or 9 dismissing any challenge may be reviewed by the court of common 10 pleas of the county upon a petition filed by any person 11 aggrieved by the decision of the county board. Such appeal shall 12 be taken, within two (2) days after such decision shall have 13 been made, whether reduced to writing or not, to the court of 14 common pleas setting forth the objections to the county board's 15 decision and praying for an order reversing same. Pending the 16 final determination of all appeals, the county board shall 17 suspend any action in canvassing and computing all challenged 18 ballots irrespective of whether or not appeal was taken from the 19 county board's decision. Upon completion of the computation of 20 the returns of the county, the votes cast upon the challenged 21 official absentee ballots shall be added to the other votes cast 22 within the county. 23 (f) Any person challenging an application for an absentee 24 ballot or an absentee ballot for any of the reasons provided in 25 this act shall deposit the sum of ten dollars ($10.00) in cash 26 with the local election board, in cases of challenges made to 27 the local election board and with the county board in cases of 28 challenges made to the county board for which he shall be issued 29 a receipt for each challenge made, which sum shall only be 30 refunded if the challenge is sustained or if the challenge is 20050H0469B2373 - 12 -
1 withdrawn within five (5) days after the primary or election. If 2 the challenge is dismissed by any lawful order then the deposit 3 shall be forfeited. All deposit money received by the local 4 election board shall be turned over to the county board 5 simultaneously with the return of the challenged ballots. The 6 county board shall deposit all deposit money in the general fund 7 of the county. 8 Notice of the requirements of subsection (b) of section 1306 9 shall be printed on the envelope for the absentee ballot. 10 Section 4 5. The amendment of sections 1302.1, 1306 and 1308 <-- 11 of the act shall apply to elections held on or after January 1, 12 2006. 13 Section 5 6. This act shall take effect in 60 days. <-- A11L25MSP/20050H0469B2373 - 13 -