PRINTER'S NO. 1096
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
929
Session of
2023
INTRODUCED BY BOSCOLA, FONTANA, COSTA AND KANE,
SEPTEMBER 14, 2023
REFERRED TO STATE GOVERNMENT, SEPTEMBER 14, 2023
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in preparation for and conduct of primaries and
elections, further providing for manner of applying to vote,
persons entitled to vote, voter's certificates, entries to be
made in district register, numbered lists of voters and
challenges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1210(a.4)(5) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.4) * * *
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(5) (i) Except as provided in subclause (ii), if it is
determined that the individual was registered and entitled to
vote at the election district where the ballot was cast, the
county board of elections shall compare the signature on the
provisional ballot envelope with the signature on the elector's
registration form and, if the signatures are determined to be
genuine, shall count the provisional ballot if the county board
of elections confirms that the individual did not cast any other
ballot that was counted, including an absentee ballot or mail-in
ballot, in the election.
(i.1) A provisional ballot shall be counted, except as
provided in subclause (ii), if the provisional ballot was cast
by an elector whose absentee ballot or mail-in ballot was
rejected by a county board of elections due to an incomplete
form of declaration printed on the envelope or any other
material defect and was not counted.
(ii) A provisional ballot shall not be counted if:
(A) either the provisional ballot envelope under clause (3)
or the affidavit under clause (2) is not signed by the
individual;
(B) the signature required under clause (3) and the
signature required under clause (2) are either not genuine or
are not executed by the same individual;
(C) a provisional ballot envelope does not contain a secrecy
envelope;
(D) in the case of a provisional ballot that was cast under
subsection (a.2)(1)(i), within six calendar days following the
election the elector fails to appear before the county board of
elections to execute an affirmation or the county board of
elections does not receive an electronic, facsimile or paper
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copy of an affirmation affirming, under penalty of perjury, that
the elector is the same individual who personally appeared
before the district election board on the day of the election
and cast a provisional ballot and that the elector is indigent
and unable to obtain proof of identification without the payment
of a fee;
(E) in the case of a provisional ballot that was cast under
subsection (a.2)(1)(ii), within six calendar days following the
election, the elector fails to appear before the county board of
elections to present proof of identification and execute an
affirmation or the county board of elections does not receive an
electronic, facsimile or paper copy of the proof of
identification and an affirmation affirming, under penalty of
perjury, that the elector is the same individual who personally
appeared before the district election board on the day of the
election and cast a provisional ballot; or
(F) the elector's absentee ballot or mail-in ballot is
[timely received] counted by a county board of elections.
(iii) One authorized representative of each candidate in an
election and one representative from each party shall be
permitted to remain in the room in which deliberation or
determination of subclause (ii) is being made.
* * *
Section 2. This act shall take effect in 60 days.
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