SENATE AMENDED PRIOR PRINTER'S NOS. 508, 2137, 2373, PRINTER'S NO. 4847 4713, 4814
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, IN SENATE, OCTOBER 18, 2006
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; AND LIMITING CONTRIBUTIONS BY PARTNERSHIPS, <-- 16 LIMITED PARTNERSHIPS AND LIMITED LIABILITY COMPANIES. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Section 102 of the act of June 3, 1937 (P.L.1333, <-- 20 No.320), known as the Pennsylvania Election Code, is amended by 21 adding a clause to read:
1 Section 102. Definitions.--The following words, when used in 2 this act, shall have the following meanings, unless otherwise 3 clearly apparent from the context: 4 * * * 5 (z.5) The words "unincorporated association" shall mean any 6 form of unincorporated enterprise owned by one or more persons, 7 other than a partnership, a limited liability partnership or a 8 limited liability company that is treated as a partnership for 9 Federal income tax purposes. 10 Section 2. Section 702 of the act is amended to read: 11 Section 702. Qualifications of Electors at Primaries.--(a) 12 The qualifications of electors entitled to vote at primaries 13 shall be the same as the qualifications of electors entitled to 14 vote at elections within the election district where the primary 15 is held, provided that no elector who is not registered and 16 enrolled as a member of a political party, in accordance with 17 the provisions of this act, shall be permitted to vote the 18 ballot of such party or any other party ballot at any primary. 19 (b) An individual who otherwise meets the requirements of 25 20 Pa.C.S. § 1301 (relating to qualifications to register) who will 21 be at least eighteen years of age on the day of the next general 22 or municipal election may register and vote for the 23 corresponding primary. 24 Section 3. Sections 1302.1 and 1306 of the act, amended 25 February 13, 1998 (P.L.72, No.18), are amended to read: 26 Section 1302.1. Date of Application for Absentee Ballot.-- 27 [Applications for absentee ballots unless otherwise 28 specified] 29 (a) Except as provided in subsections (b) and (c), 30 applications for absentee ballots shall be received in the 20050H0469B4847 - 2 -
1 office of the county board of elections not earlier than fifty 2 (50) days before the primary or election and not later than five 3 o'clock P.M. of the first Tuesday prior to the day of any 4 primary or election.[: Provided, however, That] 5 (b) Except as provided in subsection (c), in the event any 6 elector otherwise qualified who is so physically disabled or ill 7 on or before the first Tuesday prior to any primary or election 8 that he is unable to file his application or who becomes 9 physically disabled or ill after the first Tuesday prior to any 10 primary or election and is unable to appear at his polling place 11 or any elector otherwise qualified who because of the conduct of 12 his business, duties or occupation will necessarily be absent 13 from the municipality of his residence on the day of the primary 14 or election, which fact was not and could not reasonably be 15 known to said elector on or before the first Tuesday prior to 16 any primary or election, the elector shall be entitled to an 17 absentee ballot at any time prior to five o'clock P.M. on the 18 first Friday preceding any primary or election upon execution of 19 an Emergency Application in such form prescribed by the 20 Secretary of the Commonwealth. 21 (c) In the event any elector otherwise qualified who becomes 22 so physically disabled or ill between five o'clock P.M. on the 23 first Friday preceding any primary or election and eight o'clock 24 P.M. on the day of any primary or election that he is unable to 25 appear at his polling place or any elector otherwise qualified 26 who because of the conduct of his business, duties or occupation 27 will necessarily be absent from the municipality of his 28 residence on the day of the primary or election, which fact was 29 not and could not reasonably be known to said elector prior to 30 five o'clock P.M. on the first Friday preceding any primary or 20050H0469B4847 - 3 -
1 election, the elector shall be entitled to an absentee ballot if 2 the elector completes and files with the court of common pleas 3 in the county in which the elector is qualified to vote an 4 Emergency Application or a letter or other signed document, 5 which includes the same information as is provided on the 6 Emergency Application. Upon a determination that the elector is 7 a qualified absentee elector under section 1301, the judge shall 8 issue an absentee ballot to the elector. The elector shall 9 designate someone to receive the absentee ballot in the 10 application, letter or other signed document that the elector 11 submits requesting the emergency absentee ballot and the judge 12 shall give the elector's absentee ballot to that designated 13 person if the elector is unable to appear to receive the ballot. 14 The elector likewise shall identify any person who will assist 15 the elector in marking the elector's ballot. To qualify, the 16 person rendering assistance shall be identified either by court 17 order or in records of the county as a person authorized to 18 provide voting assistance. The person, or a deputy sheriff, 19 shall declare in writing that assistance was rendered. If no 20 declaration is filed and another person witnesses a person 21 rendering voting assistance, the person rendering assistance has 22 committed a violation of this act. If the elector is unable to 23 appear in court to receive the ballot, the judge shall give the 24 elector's absentee ballot to an authorized representative of the 25 elector. The authorized representative shall deliver the 26 absentee ballot to the elector and return the completed absentee 27 ballot, sealed in the official absentee ballot envelopes, to the 28 county board of elections, who shall distribute the ballot, 29 unopened, to the absentee voter's election district. If the 30 elector is unable to appear in court or unable to obtain 20050H0469B4847 - 4 -
1 assistance from an authorized representative, the judge shall 2 direct a deputy sheriff of the county to deliver the absentee 3 ballot to the elector if the elector is at a physical location 4 within the county and return the completed absentee ballot, 5 sealed in the official absentee ballot envelopes, to the county 6 board of elections who shall distribute the ballots unopened to 7 the absentee voter's respective election district. If a deputy 8 sheriff is unavailable to deliver an absentee ballot under this 9 section, the judge shall direct a constable or an employe or 10 official of the county board of elections to make such delivery, 11 in accordance with the provisions of this section. No absentee 12 ballot under this subsection shall be counted which is received 13 in the office of the county board of elections later than eight 14 o'clock P.M. on the day of the primary or election. 15 (d) In the case of an elector who is physically disabled or 16 ill on or before the first Tuesday prior to a primary or 17 election or becomes physically disabled or ill after the first 18 Tuesday prior to a primary or election, such Emergency 19 Application, letter or other signed document shall contain a 20 supporting affidavit from his attending physician stating that 21 due to physical disability or illness said elector was unable to 22 apply for an absentee ballot on or before the first Tuesday 23 prior to the primary or election or became physically disabled 24 or ill after that period. 25 (e) In the case of an elector who is necessarily absent 26 because of the conduct of his business, duties or occupation 27 under the unforeseen circumstances specified in [this 28 subsection] subsections (b) and (c), such Emergency Application, 29 letter or other signed document shall contain a supporting 30 affidavit from such elector stating that because of the conduct 20050H0469B4847 - 5 -
1 of his business, duties or occupation said elector will 2 necessarily be absent from the municipality of his residence on 3 the day of the primary or election which fact was not and could 4 not reasonably be known to said elector on or before the first 5 Tuesday prior to the primary or election. 6 SECTION 1. SECTION 1302.1 OF THE ACT OF JUNE 3, 1937 <-- 7 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, 8 AMENDED MAY 12, 2006 (P.L.178, NO.45), IS AMENDED TO READ: 9 SECTION 1302.1. DATE OF APPLICATION FOR ABSENTEE BALLOT.-- 10 (A) [APPLICATIONS FOR ABSENTEE BALLOTS UNLESS OTHERWISE 11 SPECIFIED] EXCEPT AS PROVIDED IN SUBSECTIONS (A.1) AND (A.2), 12 APPLICATIONS FOR ABSENTEE BALLOTS SHALL BE RECEIVED IN THE 13 OFFICE OF THE COUNTY BOARD OF ELECTIONS NOT EARLIER THAN FIFTY 14 (50) DAYS BEFORE THE PRIMARY OR ELECTION AND NOT LATER THAN FIVE 15 O'CLOCK P.M. OF THE FIRST TUESDAY PRIOR TO THE DAY OF ANY 16 PRIMARY OR ELECTION.[: PROVIDED, HOWEVER, THAT] 17 (A.1) EXCEPT AS PROVIDED IN SUBSECTION (A.2), IN THE EVENT 18 ANY ELECTOR OTHERWISE QUALIFIED WHO IS SO PHYSICALLY DISABLED OR 19 ILL ON OR BEFORE THE FIRST TUESDAY PRIOR TO ANY PRIMARY OR 20 ELECTION THAT HE IS UNABLE TO FILE HIS APPLICATION OR WHO 21 BECOMES PHYSICALLY DISABLED OR ILL AFTER THE FIRST TUESDAY PRIOR 22 TO ANY PRIMARY OR ELECTION AND IS UNABLE TO APPEAR AT HIS 23 POLLING PLACE OR ANY ELECTOR OTHERWISE QUALIFIED WHO BECAUSE OF 24 THE CONDUCT OF HIS BUSINESS, DUTIES OR OCCUPATION WILL 25 NECESSARILY BE ABSENT FROM THE MUNICIPALITY OF HIS RESIDENCE ON 26 THE DAY OF THE PRIMARY OR ELECTION, WHICH FACT WAS NOT AND COULD 27 NOT REASONABLY BE KNOWN TO SAID ELECTOR ON OR BEFORE THE FIRST 28 TUESDAY PRIOR TO ANY PRIMARY OR ELECTION, THE ELECTOR SHALL BE 29 ENTITLED TO AN ABSENTEE BALLOT AT ANY TIME PRIOR TO FIVE O'CLOCK 30 P.M. ON THE FIRST FRIDAY PRECEDING ANY PRIMARY OR ELECTION UPON 20050H0469B4847 - 6 -
1 EXECUTION OF AN EMERGENCY APPLICATION IN SUCH FORM PRESCRIBED BY 2 THE SECRETARY OF THE COMMONWEALTH. 3 (A.2) IN THE EVENT ANY ELECTOR OTHERWISE QUALIFIED WHO 4 BECOMES SO PHYSICALLY DISABLED OR ILL BETWEEN FIVE O'CLOCK P.M. 5 ON THE FIRST FRIDAY PRECEDING ANY PRIMARY OR ELECTION AND EIGHT 6 O'CLOCK P.M. ON THE DAY OF ANY PRIMARY OR ELECTION THAT HE IS 7 UNABLE TO APPEAR AT HIS POLLING PLACE OR ANY ELECTOR OTHERWISE 8 QUALIFIED WHO BECAUSE OF THE CONDUCT OF HIS BUSINESS, DUTIES OR 9 OCCUPATION WILL NECESSARILY BE ABSENT FROM THE MUNICIPALITY OF 10 HIS RESIDENCE ON THE DAY OF THE PRIMARY OR ELECTION, WHICH FACT 11 WAS NOT AND COULD NOT REASONABLY BE KNOWN TO SAID ELECTOR PRIOR 12 TO FIVE O'CLOCK P.M. ON THE FIRST FRIDAY PRECEDING ANY PRIMARY 13 OR ELECTION, THE ELECTOR SHALL BE ENTITLED TO AN ABSENTEE BALLOT 14 IF THE ELECTOR COMPLETES AND FILES WITH THE COURT OF COMMON 15 PLEAS IN THE COUNTY IN WHICH THE ELECTOR IS QUALIFIED TO VOTE AN 16 EMERGENCY APPLICATION OR A LETTER OR OTHER SIGNED DOCUMENT, 17 WHICH INCLUDES THE SAME INFORMATION AS IS PROVIDED ON THE 18 EMERGENCY APPLICATION. UPON A DETERMINATION THAT THE ELECTOR IS 19 A QUALIFIED ABSENTEE ELECTOR UNDER SECTION 1301, THE JUDGE SHALL 20 ISSUE AN ABSENTEE BALLOT TO THE ELECTOR. IF THE ELECTOR IS 21 UNABLE TO APPEAR IN COURT TO RECEIVE THE BALLOT, THE JUDGE SHALL 22 GIVE THE ELECTOR'S ABSENTEE BALLOT TO AN AUTHORIZED 23 REPRESENTATIVE OF THE ELECTOR WHO IS DESIGNATED IN WRITING BY 24 THE 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 20050H0469B4847 - 7 -
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 THERE IS 7 NO AUTHORIZED REPRESENTATIVE AND A DEPUTY SHERIFF IS UNAVAILABLE 8 TO DELIVER AN ABSENTEE BALLOT UNDER THIS SECTION, THE JUDGE MAY 9 DIRECT A CONSTABLE TO MAKE SUCH DELIVERY, IN ACCORDANCE WITH THE 10 PROVISIONS OF THIS SECTION. IN THE CASE OF AN ELECTOR WHO 11 REQUIRES ASSISTANCE IN MARKING THE ELECTOR'S BALLOT, THE ELECTOR 12 SHALL DESIGNATE IN WRITING THE PERSON WHO WILL ASSIST IN MARKING 13 THE BALLOT. SUCH PERSON SHALL BE OTHERWISE ELIGIBLE TO PROVIDE 14 ASSISTANCE TO ELECTORS ELIGIBLE FOR ASSISTANCE AND SUCH PERSON 15 SHALL DECLARE IN WRITING THAT ASSISTANCE WAS RENDERED. ANY 16 PERSON OTHER THAN THE DESIGNEE WHO SHALL RENDER ASSISTANCE IN 17 MARKING A BALLOT OR ANY PERSON RENDERING ASSISTANCE WHO SHALL 18 FAIL TO EXECUTE A DECLARATION SHALL BE GUILTY OF A VIOLATION OF 19 THIS ACT. NO ABSENTEE BALLOT UNDER THIS SUBSECTION SHALL BE 20 COUNTED WHICH IS RECEIVED IN THE OFFICE OF THE COUNTY BOARD OF 21 ELECTIONS LATER THAN EIGHT O'CLOCK P.M. ON THE DAY OF THE 22 PRIMARY OR ELECTION. 23 (B) IN THE CASE OF AN ELECTOR WHOSE APPLICATION FOR AN 24 ABSENTEE BALLOT IS RECEIVED BY THE OFFICE OF THE COUNTY BOARD OF 25 ELECTIONS EARLIER THAN FIFTY (50) DAYS BEFORE THE PRIMARY OR 26 ELECTION, THE APPLICATION SHALL BE HELD AND PROCESSED UPON 27 COMMENCEMENT OF THE FIFTY-DAY PERIOD. 28 (C) IN THE CASE OF AN ELECTOR WHO IS PHYSICALLY DISABLED OR 29 ILL ON OR BEFORE THE FIRST TUESDAY PRIOR TO A PRIMARY OR 30 ELECTION OR BECOMES PHYSICALLY DISABLED OR ILL AFTER THE FIRST 20050H0469B4847 - 8 -
1 TUESDAY PRIOR TO A PRIMARY OR ELECTION, SUCH EMERGENCY 2 APPLICATION, LETTER OR OTHER SIGNED DOCUMENT SHALL CONTAIN A 3 SUPPORTING AFFIDAVIT FROM HIS ATTENDING PHYSICIAN STATING THAT 4 DUE TO PHYSICAL DISABILITY OR ILLNESS SAID ELECTOR WAS UNABLE TO 5 APPLY FOR AN ABSENTEE BALLOT ON OR BEFORE THE FIRST TUESDAY 6 PRIOR TO THE PRIMARY OR ELECTION OR BECAME PHYSICALLY DISABLED 7 OR ILL AFTER THAT PERIOD. 8 (D) IN THE CASE OF AN ELECTOR WHO IS NECESSARILY ABSENT 9 BECAUSE OF THE CONDUCT OF HIS BUSINESS, DUTIES OR OCCUPATION 10 UNDER THE UNFORESEEN CIRCUMSTANCES SPECIFIED IN [THIS 11 SUBSECTION] SUBSECTIONS (A.1) AND (A.2), SUCH EMERGENCY 12 APPLICATION, LETTER OR OTHER SIGNED DOCUMENT SHALL CONTAIN A 13 SUPPORTING AFFIDAVIT FROM SUCH ELECTOR STATING THAT BECAUSE OF 14 THE CONDUCT OF HIS BUSINESS, DUTIES OR OCCUPATION SAID ELECTOR 15 WILL NECESSARILY BE ABSENT FROM THE MUNICIPALITY OF HIS 16 RESIDENCE ON THE DAY OF THE PRIMARY OR ELECTION WHICH FACT WAS 17 NOT AND COULD NOT REASONABLY BE KNOWN TO SAID ELECTOR ON OR 18 BEFORE THE FIRST TUESDAY PRIOR TO THE PRIMARY OR ELECTION. 19 SECTION 2. SECTION 1306(A) OF THE ACT, AMENDED FEBRUARY 13, 20 1998 (P.L.72, NO.18), IS AMENDED TO READ: 21 Section 1306. Voting by Absentee Electors.--(a) [At] Except 22 as provided in paragraphs (1), (2) and (3), at any time after 23 receiving an official absentee ballot, but on or before five 24 o'clock P. M. on the Friday prior to the primary or election, 25 the elector shall, in secret, proceed to mark the ballot only in 26 black lead pencil, indelible pencil or blue, black or blue-black 27 ink, in fountain pen or ball point pen, and then fold the 28 ballot, enclose and securely seal the same in the envelope on 29 which is printed, stamped or endorsed "Official Absentee 30 Ballot." 20050H0469B4847 - 9 -
1 (1) Any elector who submits an Emergency Application and 2 receives an absentee ballot in accordance with section 1302.1(b) <-- 3 1302.1(A.2) or (c) shall mark the ballot on or before eight <-- 4 o'clock P.M. on the day of the primary or election. This 5 envelope shall then be placed in the second one, on which is 6 printed the form of declaration of the elector, and the address 7 of the elector's county board of election and the local election 8 district of the elector. The elector shall then fill out, date 9 and sign the declaration printed on such envelope. Such envelope 10 shall then be securely sealed and the elector shall send same by 11 mail, postage prepaid, except where franked, or deliver it in 12 person to said county board of election[:]. 13 [Provided, however, That any] (2) Any elector, spouse of the 14 elector or dependent of the elector, qualified in accordance 15 with the provisions of section 1301, subsections (e), (f), (g) 16 and (h) to vote by absentee ballot as herein provided, shall be 17 required to include on the form of declaration a supporting 18 declaration in form prescribed by the Secretary of the 19 Commonwealth, to be signed by the head of the department or 20 chief of division or bureau in which the elector is employed, 21 setting forth the identity of the elector, spouse of the elector 22 or dependent of the elector[:]. 23 [Provided further, That any] (3) Any elector who has filed 24 his application in accordance with section 1302 subsection (e) 25 (2), and is unable to sign his declaration because of illness or 26 physical disability, shall be excused from signing upon making a 27 declaration which shall be witnessed by one adult person in 28 substantially the following form: I hereby declare that I am 29 unable to sign my declaration for voting my absentee ballot 30 without assistance because I am unable to write by reason of my 20050H0469B4847 - 10 -
1 illness or physical disability. I have made or received 2 assistance in making my mark in lieu of my signature. 3 .....................(Mark) 4 ................................... 5 (Date) 6 ............................... 7 (Signature of Witness) 8 ................................... 9 (Complete Address of Witness) 10 * * * <-- 11 (b) In the event that any such elector, excepting an elector <-- 12 in military service or any elector unable to go to his polling 13 place because of illness or physical disability, entitled to 14 vote an official absentee ballot shall be in the municipality of 15 his residence on the day for holding the primary or election for 16 which the ballot was issued, or in the event any such elector 17 shall have recovered from his illness or physical disability 18 sufficiently to permit him to present himself at the proper 19 polling place for the purpose of casting his ballot, such 20 absentee ballot cast by such elector shall, be declared void. 21 Any such elector referred to in this subsection, who is 22 within the municipality of his residence, must present himself 23 at his polling place and shall be permitted to vote upon 24 presenting himself at his regular polling place in the same 25 manner as he could have voted had he not received an absentee 26 ballot: Provided, That such elector has first presented himself 27 to the judge of elections in his local election district and 28 shall have signed the affidavit on the absentee voter's 29 temporary registration card, which affidavit shall be in 30 substantially the following form: 20050H0469B4847 - 11 -
1 I hereby swear that I am a qualified registered elector who 2 has obtained an absentee ballot, however, I am present in the 3 municipality of my residence and physically able to present 4 myself at my polling place and therefore request that my 5 absentee ballot be voided. 6 .............................. 7 (Date) (Signature of Elector) 8 ......................................... 9 (Local Judge of Elections) 10 An elector who has received an absentee ballot under the 11 emergency application provisions of section 1302.1, and for 12 whom, therefore, no temporary absentee voter's registration card 13 is in the district register, shall sign the aforementioned 14 affidavit in any case, which the local judge of elections shall 15 then cause to be inserted in the district register with the 16 elector's permanent registration card. 17 Section 4. Section 1308 SECTION 3. SECTION 1308(A) of the <-- 18 act, amended December 11, 1968 (P.L.1183, No.375), February 13, <-- 19 1998 (P.L.72, No.18) and December 9, 2002 (P.L.1246, No.150) MAY <-- 20 12, 2006 (P.L.178, NO.45), is amended to read: 21 Section 1308. Canvassing of Official Absentee Ballots.-- 22 (a) The county boards of election, upon receipt of official 23 absentee ballots in such envelopes, shall safely keep the same 24 in sealed or locked containers until they distribute same to the 25 appropriate local election districts in a manner prescribed by 26 the Secretary of the Commonwealth. 27 [The] Except as provided in section 1302.1(c) 1302.1(A.2), <-- 28 the county board of elections shall then distribute the absentee 29 ballots, unopened, to the absentee voter's respective election 30 district concurrently with the distribution of the other 20050H0469B4847 - 12 -
1 election supplies. Absentee ballots shall be canvassed 2 immediately and continuously without interruption until 3 completed after the close of the polls on the day of the 4 election in each election district. The results of the canvass 5 of the absentee ballots shall then be included in and returned 6 to the county board with the returns of that district. No EXCEPT <-- 7 AS PROVIDED IN SUBSECTION (G), NO [NO] EXCEPT AS PROVIDED IN <-- 8 SECTION 1302.1(A.2) AND SUBSECTION (G.1), NO absentee ballot 9 shall be counted which is received in the office of the county 10 board of election later than five o'clock P.M. on the Friday 11 immediately preceding the primary or November election. 12 * * * <-- 13 (b) Watchers shall be permitted to be present when the <-- 14 envelopes containing official absentee ballots are opened and 15 when such ballots are counted and recorded. 16 (b.1) In all election districts in which electronic voting 17 systems are used, absentee ballots shall be opened at the 18 election district, checked for write-in votes in accordance with 19 section 1113-A and then either hand-counted or counted by means 20 of the automatic tabulation equipment, whatever the case may be. 21 (d) Whenever it shall appear by due proof that any absentee 22 elector who has returned his ballot in accordance with the 23 provisions of this act has died prior to the opening of the 24 polls on the day of the primary or election, the ballot of such 25 deceased elector shall be rejected by the canvassers but the 26 counting of the ballot of an elector thus deceased shall not of 27 itself invalidate any nomination or election. 28 (e) At such time the local election board shall then further 29 examine the declaration on each envelope not so set aside and 30 shall compare the information thereon with that contained in the 20050H0469B4847 - 13 -
1 "Registered Absentee Voters File," the absentee voters' list and 2 the "Military Veterans and Emergency Civilians Absentee Voters 3 File." If the local election board is satisfied that the 4 declaration is sufficient and the information contained in the 5 "Registered Absentee Voters File," the absentee voters' list and 6 the "Military Veterans and Emergency Civilians Absentee Voters 7 File" verifies his right to vote, the local election board shall 8 announce the name of the elector and shall give any watcher 9 present an opportunity to challenge any absentee elector upon 10 the ground or grounds (1) that the absentee elector is not a 11 qualified elector; or (2) that the absentee elector was within 12 the municipality of his residence on the day of the primary or 13 election during the period the polls were open, except where he 14 was in military service or except in the case where his ballot 15 was obtained for the reason that he was unable to appear 16 personally at the polling place because of illness or physical 17 disability; or (3) that the absentee elector was able to appear 18 personally at the polling place on the day of the primary or 19 election during the period the polls were open in the case his 20 ballot was obtained for the reason that he was unable to appear 21 personally at the polling place because of illness or physical 22 disability. Upon challenge of any absentee elector, as set forth 23 herein the local election board shall mark "challenged" on the 24 envelope together with the reason or reasons therefor, and the 25 same shall be set aside for return to the county board unopened 26 pending decision by the county board and shall not be counted. 27 All absentee ballots not challenged for any of the reasons 28 provided herein shall be counted and included with the general 29 return of paper ballots or voting machines, as the case may be 30 as follows. Thereupon, the local election board shall open the 20050H0469B4847 - 14 -
1 envelope of every unchallenged absentee elector in such manner 2 as not to destroy the declaration executed thereon. All of such 3 envelopes on which are printed, stamped or endorsed the words 4 "Official Absentee Ballot" shall be placed in one or more 5 depositories at one time and said depository or depositories 6 well shaken and the envelopes mixed before any envelope is taken 7 therefrom. If any of these envelopes shall contain any 8 extraneous marks or identifying symbols other than the words 9 "Official Absentee Ballot," the envelopes and the ballots 10 contained therein shall be set aside and declared void. The 11 local election board shall then break the seals of such 12 envelopes, remove the ballots and record the votes in the same 13 manner as district election officers are required to record 14 votes. With respect to the challenged ballots, they shall be 15 returned to the county board with the returns of the local 16 election district where they shall be placed unopened in a 17 secure, safe and sealed container in the custody of the county 18 board until it shall fix a time and place for a formal hearing 19 of all such challenges and notice shall be given where possible 20 to all absentee electors thus challenged and to every attorney, 21 watcher or candidate who made such challenge. The time for the 22 hearing shall not be later than seven (7) days after the date of 23 said challenge. On the day fixed for said hearing, the county 24 board shall proceed without delay to hear said challenges and, 25 in hearing the testimony, the county board shall not be bound by 26 technical rules of evidence. The testimony presented shall be 27 stenographically recorded and made part of the record of the 28 hearing. The decision of the county board in upholding or 29 dismissing any challenge may be reviewed by the court of common 30 pleas of the county upon a petition filed by any person 20050H0469B4847 - 15 -
1 aggrieved by the decision of the county board. Such appeal shall 2 be taken, within two (2) days after such decision shall have 3 been made, whether reduced to writing or not, to the court of 4 common pleas setting forth the objections to the county board's 5 decision and praying for an order reversing same. Pending the 6 final determination of all appeals, the county board shall 7 suspend any action in canvassing and computing all challenged 8 ballots irrespective of whether or not appeal was taken from the 9 county board's decision. Upon completion of the computation of 10 the returns of the county, the votes cast upon the challenged 11 official absentee ballots shall be added to the other votes cast 12 within the county. 13 (f) Any person challenging an application for an absentee 14 ballot or an absentee ballot for any of the reasons provided in 15 this act shall deposit the sum of ten dollars ($10.00) in cash 16 with the local election board, in cases of challenges made to 17 the local election board and with the county board in cases of 18 challenges made to the county board for which he shall be issued 19 a receipt for each challenge made, which sum shall only be 20 refunded if the challenge is sustained or if the challenge is 21 withdrawn within five (5) days after the primary or election. If 22 the challenge is dismissed by any lawful order then the deposit 23 shall be forfeited. All deposit money received by the local 24 election board shall be turned over to the county board 25 simultaneously with the return of the challenged ballots. The 26 county board shall deposit all deposit money in the general fund 27 of the county. 28 Notice of the requirements of subsection (b) of section 1306 29 shall be printed on the envelope for the absentee ballot. 30 Section 5. The amendment of sections 1302.1, 1306 and 1308 20050H0469B4847 - 16 -
1 of the act shall apply to elections held on or after January 1, 2 2006. 3 Section 6. This act shall take effect in 60 days. 4 SECTION 4. SECTION 1633 IS AMENDED BY ADDING A SUBSECTION TO <-- 5 READ: 6 SECTION 1633. CONTRIBUTIONS OR EXPENDITURES BY NATIONAL 7 BANKS, CORPORATIONS OR UNINCORPORATED ASSOCIATIONS.-- 8 * * * 9 (D) NO CONTRIBUTION FROM A PARTNERSHIP, LIMITED PARTNERSHIP 10 OR LIMITED LIABILITY COMPANY MAY BE MADE FROM FUNDS OF ANY 11 PARTNER, LIMITED PARTNER OR MEMBER THAT IS A CORPORATION. A 12 LIMITED LIABILITY COMPANY THAT MAKES A CONTRIBUTION SHALL AFFIRM 13 TO THE RECIPIENT CANDIDATE OR COMMITTEE THAT THE LIMITED 14 LIABILITY COMPANY IS TREATED AS A PARTNERSHIP FOR FEDERAL TAX 15 PURPOSES AND THAT THE CONTRIBUTION FROM THE LIMITED LIABILITY 16 COMPANY DOES NOT CONTAIN CORPORATE FUNDS. 17 SECTION 5. THE AMENDMENT OF SECTIONS 1302.1, 1306(A) AND 18 1308(A) OF THE ACT SHALL APPLY TO ELECTIONS HELD ON OR AFTER THE <-- 19 EFFECTIVE DATE OF THIS SECTION. JANUARY 1, 2007. <-- 20 Section 6. This act shall take effect immediately. A11L25MSP/20050H0469B4847 - 17 -