AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," further providing for voting by absentee
12electors.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 1306(a) of the act of June 3, 1937 
16(P.L.1333, No.320), known as the Pennsylvania Election Code,
17amended November 9, 2006 (P.L.1330, No.137), is amended to read:

18Section 1306. Voting by Absentee Electors.--(a) Except as
19provided in paragraphs (1), (2) and (3), at any time after
20receiving an official absentee ballot, but on or before [five
21o'clock P.M.] the close of business on the [Friday] Monday prior
22to the primary or election, the elector shall, in secret,

1proceed to mark the ballot only in black lead pencil, indelible
2pencil or blue, black or blue-black ink, in fountain pen or ball
3point pen, and then fold the ballot, enclose and securely seal
4the same in the envelope on which is printed, stamped or
5endorsed "Official Absentee [Ballot."] Ballot": Provided, 
6however, That any elector who submits an emergency application 
7and receives an absentee ballot in accordance with section 
81302.1 shall mark the ballot on or before the close of business 
9on the day of the primary or election.

10(1) Any elector who submits an Emergency Application and
11receives an absentee ballot in accordance with section
121302.1(a.2) or (c) shall mark the ballot on or before eight
13o'clock P.M. on the day of the primary or election. This
14envelope shall then be placed in the second one, on which is
15printed the form of declaration of the elector, and the address
16of the elector's county board of election and the local election
17district of the elector. The elector shall then fill out, date
18and sign the declaration printed on such envelope. Such envelope
19shall then be securely sealed and the elector shall send same by
20mail, postage prepaid, except where franked, or deliver it in
21person to said county board of election.

22(2) Any elector, spouse of the elector or dependent of the
23elector, qualified in accordance with the provisions of section
241301, subsections (e), (f), (g) and (h) to vote by absentee
25ballot as herein provided, shall be required to include on the
26form of declaration a supporting declaration in form prescribed
27by the Secretary of the Commonwealth, to be signed by the head
28of the department or chief of division or bureau in which the
29elector is employed, setting forth the identity of the elector,
30spouse of the elector or dependent of the elector.

1(3) Any elector who has filed his application in accordance
2with section 1302 subsection (e)(2), and is unable to sign his
3declaration because of illness or physical disability, shall be
4excused from signing upon making a declaration which shall be
5witnessed by one adult person in substantially the following
6form: I hereby declare that I am unable to sign my declaration
7for voting my absentee ballot without assistance because I am
8unable to write by reason of my illness or physical disability.
9I have made or received assistance in making my mark in lieu of
10my signature.

11 .....................(Mark)

12...................................

13 (Date)

14 ...............................

15 (Signature of Witness)

16...................................

17 (Complete Address of Witness)

18* * *

19Section 2. This act shall apply to all elections conducted
20after December 31, 2011, or the effective date of this act,
21whichever is later.

22Section 3. This act shall take effect in 60 days.