PRINTER'S NO. 53
No. 49 Session of 1985
INTRODUCED BY RYBAK, MRKONIC, HALUSKA, DUFFY, DALEY, PETRARCA,
SHOWERS, BLAUM, RUDY, FLICK, FREEMAN, PRESSMANN, JOSEPHS,
GRUPPO, McHALE, AFFLERBACH, WAMBACH, COHEN, TELEK AND BURNS,
JANUARY 23, 1985
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 1985
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," further providing for absentee ballots.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1302.1, 1302.2, 1306(a) and 1308(a) of
15 the act of June 3, 1937 (P.L.1333, No.320), known as the
16 Pennsylvania Election Code, amended December 11, 1968 (P.L.1183,
17 No.375), are amended to read:
18 Section 1302.1. Date of Application for Absentee Ballot.--
19 Applications for absentee ballots unless otherwise specified
20 shall be received in the office of the county board of elections
21 not earlier than fifty (50) days before the primary or election
1 and not later than five o'clock P.M. of the first Tuesday prior
2 to the day of any primary or election: Provided, however, That
3 in the event any elector otherwise qualified who is so
4 physically disabled or ill on or before the first Tuesday prior
5 to any primary or election that he is unable to file his
6 application or who becomes physically disabled or ill after the
7 first Tuesday prior to any primary or election and is unable to
8 appear at his polling place or any elector otherwise qualified
9 who because of the conduct of his business, duties or occupation
10 will necessarily be absent from the State or county of his
11 residence on the day of the primary or election, which fact was
12 not and could not reasonably be known to said elector on or
13 before the first Tuesday prior to any primary or election, shall
14 be entitled to an absentee ballot at any time prior to [five]
15 eight o'clock P.M. on the [first Friday preceding any] primary
16 or election day upon execution of an Emergency Application in
17 such form prescribed by the Secretary of the Commonwealth.
18 In the case of an elector who is physically disabled or ill
19 on or before the first Tuesday prior to a primary or election or
20 becomes physically disabled or ill after the first Tuesday prior
21 to a primary or election, such Emergency Application shall
22 contain a supporting affidavit from his attending physician
23 stating that due to physical disability or illness said elector
24 was unable to apply for an absentee ballot on or before the
25 first Tuesday prior to the primary or election or became
26 physically disabled or ill after that period.
27 In the case of an elector who is necessarily absent because
28 of the conduct of his business, duties or occupation under the
29 unforeseen circumstances specified in this subsection, such
30 Emergency Application shall contain a supporting affidavit from
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1 such elector stating that because of the conduct of his
2 business, duties or occupation said elector will necessarily be
3 absent from the State or county of his residence on the day of
4 the primary or election which fact was not and could not
5 reasonably be known to said elector on or before the first
6 Tuesday prior to the primary or election.
7 Section 1302.2. Approval of Application for Absentee
8 Ballot.--
9 (a) The county board of elections, upon receipt of any
10 application filed by a qualified elector not required to be
11 registered under preceding section 1301, shall ascertain from
12 the information on such application, district register or from
13 any other source that such applicant possesses all the
14 qualifications of a qualified elector other than being
15 registered or enrolled. If the board is satisfied that the
16 applicant is qualified to receive an official absentee ballot,
17 the application shall be marked approved such approval decision
18 shall be final and binding except that challenges may be made
19 only on the ground that the applicant did not possess
20 qualifications of an absentee elector. Such challenges must be
21 made to the county board of elections prior to [5:00] 8:00
22 o'clock P. M. on the [first Friday prior to the election]
23 primary or election day. When so approved, the county board of
24 elections shall cause the applicant's name and residence (and at
25 a primary, the party enrollment) to be inserted in the Military,
26 Veterans and Emergency Civilians Absentee Voters File as
27 provided in section 1302.3, subsection (b): Providing, however,
28 That no application of any qualified elector in military service
29 shall be rejected for failure to include on his application any
30 information if such information may be ascertained within a
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1 reasonable time by the county board of elections.
2 (b) The county board of elections, upon receipt of any
3 application filed by a qualified elector who is entitled, under
4 the provisions of the Permanent Registration Law as now or
5 hereinafter enacted by the General Assembly, to absentee
6 registration prior to or concurrently with the time of voting as
7 provided under preceding section 1301, shall ascertain from the
8 information on such application or from any other source that
9 such applicant possesses all the qualifications of a qualified
10 elector. If the board is satisfied that the applicant is
11 entitled, under the provisions of the Permanent Registration Law
12 as now or hereinafter enacted by the General Assembly, to
13 absentee registration prior to or concurrently with the time of
14 voting and that the applicant is qualified to receive an
15 official absentee ballot, the application shall be marked
16 "approved." Such approval decision shall be final and binding
17 except that challenges may be made only on the ground that the
18 applicant did not possess the qualifications of an absentee
19 elector prior to or concurrently with the time of voting. Such
20 challenges must be made to the county board of elections prior
21 to [5:00] 8:00 o'clock P. M. on the [first Friday prior to the
22 election] primary or election day. When so approved, the county
23 board of elections shall cause the applicant's name and
24 residence (and at a primary, the party enrollment) to be
25 inserted in the Military, Veterans and Emergency Civilian
26 Absentee Voters File as provided in section 1302.3 subsection
27 (b).
28 (c) The county board of elections, upon receipt of any
29 application of a qualified elector required to be registered
30 under the provisions of preceding section 1301, shall determine
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1 the qualifications of such applicant by comparing the
2 information set forth on such application with the information
3 contained on the applicant's permanent registration card. If the
4 board is satisfied that the applicant is qualified to receive an
5 official absentee ballot, the application shall be marked
6 "approved." Such approval decision shall be final and binding,
7 except that challenges may be made only on the ground that the
8 applicant did not possess the qualifications of an absentee
9 elector. Such challenges must be made to the county board of
10 elections prior to [5:00] 8:00 o'clock P. M. on the [first
11 Friday prior to the election] primary or election day. When so
12 approved, the registration commission shall cause an absentee
13 voter's temporary registration card to be inserted in the
14 district register on top of and along with the permanent
15 registration card. The absentee voter's temporary registration
16 card shall be in the color and form prescribed in subsection (e)
17 of this section:
18 Provided, however, That the duties of the county boards of
19 elections and the registration commissions with respect to the
20 insertion of the absentee voter's temporary registration card of
21 any elector from the district register as set forth in section
22 1302.2 shall include only such applications and emergency
23 applications as are received on or before the first Tuesday
24 prior to the primary or election. In all cases where
25 applications are received after the first Tuesday prior to the
26 primary or election and before [five] 8:00 o'clock P. M. on the
27 [first Friday prior to the] primary or election day, the county
28 board of elections shall determine the qualifications of such
29 applicant by comparing the information set forth on such
30 application with the information contained on the applicant's
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1 duplicate registration card on file in the General Register
2 (also referred to as the Master File) in the office of the
3 Registration Commission and shall cause the name and residence
4 (and at primaries, the party enrollment) to be inserted in the
5 Military, Veterans and Emergency Civilian Absentee Voters File
6 as provided in section 1302.3, subsection (b). In addition, the
7 local district boards of elections shall, upon canvassing the
8 official absentee ballots under section 1308, examine the voting
9 check list of the election district of said elector's residence
10 and satisfy itself that such elector did not cast any ballot
11 other than the one properly issued to him under his absentee
12 ballot application. In all cases where the examination of the
13 local district board of elections discloses that an elector did
14 vote a ballot other than the one properly issued to him under
15 the absentee ballot application, the local district board of
16 elections shall thereupon cancel said absentee ballot and said
17 elector shall be subject to the penalties as hereinafter set
18 forth.
19 (d) In the event that any application for an official
20 absentee ballot is not approved by the county board of
21 elections, the elector shall be notified immediately to that
22 effect with a statement by the county board of the reasons for
23 the disapproval.
24 (e) The absentee voter's temporary registration card shall be
25 in duplicate and the same size as the permanent registration
26 card, in a different and contrasting color to the permanent
27 registration card and shall contain the absentee voter's name
28 and address and shall conspicuously contain the words "Absentee
29 Voter." Such card shall also contain the affidavit required by
30 subsection (b) of section 1306.
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1 Section 1306. Voting by Absentee Electors.--(a) At any time
2 after receiving an official absentee ballot, but on or before
3 [five] eight o'clock P. M. on the [Friday prior to the] primary
4 or election day, the elector shall, in secret, proceed to mark
5 the ballot only in black lead pencil, indelible pencil or blue,
6 black or blue-black ink, in fountain pen or ball point pen, and
7 then fold the ballot, enclose and securely seal the same in the
8 envelope on which is printed, stamped or endorsed "Official
9 Absentee Ballot." This envelope shall then be placed in the
10 second one, on which is printed the form of declaration of the
11 elector, and the address of the elector's county board of
12 election and the local election district of the elector. The
13 elector shall then fill out, date and sign the declaration
14 printed on such envelope. Such envelope shall then be securely
15 sealed and the elector shall send same by mail, postage prepaid,
16 except where franked, or deliver it in person to said county
17 board of election:
18 Provided, however, That any elector, spouse of the elector or
19 dependent of the elector, qualified in accordance with the
20 provisions of section 1301, subsections (e), (f), (g) and (h) to
21 vote by absentee ballot as herein provided, shall be required to
22 include on the form of declaration a supporting declaration in
23 form prescribed by the Secretary of the Commonwealth, to be
24 signed by the head of the department or chief of division or
25 bureau in which the elector is employed, setting forth the
26 identity of the elector, spouse of the elector or dependent of
27 the elector:
28 Provided further, That any elector who has filed his
29 application in accordance with section 1302 subsection (e) (2),
30 and is unable to sign his declaration because of illness or
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1 physical disability, shall be excused from signing upon making a
2 declaration which shall be witnessed by one adult person in
3 substantially the following form: I hereby declare that I am
4 unable to sign my declaration for voting my absentee ballot
5 without assistance because I am unable to write by reason of my
6 illness or physical disability. I have made or received
7 assistance in making my mark in lieu of my signature.
8 .....................(Mark)
9 ...................................
10 (Date)
11 ...............................
12 (Signature of Witness)
13 ...................................
14 (Complete Address of Witness)
15 * * *
16 Section 1308. Canvassing of Official Absentee Ballots.--
17 (a) The county boards of election, upon receipt of official
18 absentee ballots in such envelopes, shall safely keep the same
19 in sealed or locked containers until they distribute same to the
20 appropriate local election districts in a manner prescribed by
21 the Secretary of the Commonwealth. Official absentee ballots
22 received later than five o'clock P. M. on the Friday immediately
23 preceding the primary or election day shall be immediately
24 canvassed by the county board of elections.
25 The county board of elections shall then distribute the
26 absentee ballots received prior to five o'clock P. M. on the
27 Friday immediately preceding the primary or election day,
28 unopened, to the absentee voter's respective election district
29 concurrently with the distribution of the other election
30 supplies. Absentee ballots shall be canvassed immediately and
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1 continuously without interruption until completed after the
2 close of the polls on the day of the election in each election
3 district. The results of the canvass of the absentee ballots
4 shall then be included in and returned to the county board with
5 the returns of that district. No absentee ballot shall be
6 counted which is received in the office of the county board of
7 election later than [five] eight o'clock P. M. on the [Friday
8 immediately preceding the] primary or November election day.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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