PRINTER'S NO. 72
No. 99 Session of 1995
INTRODUCED BY D. R. WRIGHT, COY, BEBKO-JONES, CAPPABIANCA,
COLAFELLA, COWELL, DeLUCA, EGOLF, LAUGHLIN, MAITLAND,
MANDERINO, NAILOR, OLASZ, READSHAW, RUDY, SANTONI, STABACK,
STEELMAN, SURRA, TRELLO, TULLI, VAN HORNE, L. I. COHEN,
PETRONE, YOUNGBLOOD AND RICHARDSON, JANUARY 19, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 19, 1995
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 date of application for
12 absentee ballot, for approval of application for absentee
13 ballot, for official absentee voters ballots, for envelopes
14 for official absentee ballots, for delivering or mailing
15 ballots, for voting by absentee electors, for certain
16 electors voting in districts of residence and for canvassing
17 of official absentee ballots.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Sections 1302.1, 1302.2 and 1306 of the act of
21 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
22 Election Code, amended December 11, 1968 (P.L.1183, No.375), are
23 amended to read:
24 Section 1302.1. Date of Application for Absentee Ballot.--
1 Applications for absentee ballots unless otherwise specified
2 shall be received in the office of the county board of elections
3 not earlier than fifty (50) days before the primary or election
4 and not later than five o'clock P.M. of the first Tuesday prior
5 to the day of any primary or election: Provided, however, That
6 in the event any elector otherwise qualified who is so
7 physically disabled or ill on or before the first Tuesday prior
8 to any primary or election that he is unable to file his
9 application or who becomes physically disabled or ill after the
10 first Tuesday prior to any primary or election and is unable to
11 appear at his polling place or any elector otherwise qualified
12 who because of the conduct of his business, duties or occupation
13 will necessarily be absent from the State or county of his
14 residence on the day of the primary or election, which fact was
15 not and could not reasonably be known to said elector on or
16 before the first Tuesday prior to any primary or election, shall
17 be entitled to an absentee ballot at any time prior to five
18 o'clock P.M. on the first [Friday] Monday preceding any primary
19 or election upon execution of an Emergency Application in such
20 form prescribed by the Secretary of the Commonwealth.
21 In the case of an elector who is physically disabled or ill
22 on or before the first Tuesday prior to a primary or election or
23 becomes physically disabled or ill after the first Tuesday prior
24 to a primary or election, such Emergency Application shall
25 contain a supporting affidavit from his attending physician
26 stating that due to physical disability or illness said elector
27 was unable to apply for an absentee ballot on or before the
28 first Tuesday prior to the primary or election or became
29 physically disabled or ill after that period.
30 In the case of an elector who is necessarily absent because
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1 of the conduct of his business, duties or occupation under the
2 unforeseen circumstances specified in this subsection, such
3 Emergency Application shall contain a supporting affidavit from
4 such elector stating that because of the conduct of his
5 business, duties or occupation said elector will necessarily be
6 absent from the State or county of his residence on the day of
7 the primary or election which fact was not and could not
8 reasonably be known to said elector on or before the first
9 Tuesday prior to the primary or election.
10 Section 1302.2. Approval of Application for Absentee
11 Ballot.--
12 (a) The county board of elections, upon receipt of any
13 application filed by a qualified elector not required to be
14 registered under preceding section 1301, shall ascertain from
15 the information on such application, district register or from
16 any other source that such applicant possesses all the
17 qualifications of a qualified elector other than being
18 registered or enrolled. If the board is satisfied that the
19 applicant is qualified to receive an official absentee ballot,
20 the application shall be marked approved such approval decision
21 shall be final and binding except that challenges may be made
22 only on the ground that the applicant did not possess
23 qualifications of an absentee elector. Such challenges must be
24 made to the county board of elections prior to 5:00 o'clock P.
25 M. on the first [Friday] Monday prior to the election. When so
26 approved, the county board of elections shall cause the
27 applicant's name and residence (and at a primary, the party
28 enrollment) to be inserted in the Military, Veterans and
29 Emergency Civilians Absentee Voters File as provided in section
30 1302.3, subsection (b): Providing, however, That no application
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1 of any qualified elector in military service shall be rejected
2 for failure to include on his application any information if
3 such information may be ascertained within a reasonable time by
4 the county board of elections.
5 (b) The county board of elections, upon receipt of any
6 application filed by a qualified elector who is entitled, under
7 the provisions of the Permanent Registration Law as now or
8 hereinafter enacted by the General Assembly, to absentee
9 registration prior to or concurrently with the time of voting as
10 provided under preceding section 1301, shall ascertain from the
11 information on such application or from any other source that
12 such applicant possesses all the qualifications of a qualified
13 elector. If the board is satisfied that the applicant is
14 entitled, under the provisions of the Permanent Registration Law
15 as now or hereinafter enacted by the General Assembly, to
16 absentee registration prior to or concurrently with the time of
17 voting and that the applicant is qualified to receive an
18 official absentee ballot, the application shall be marked
19 "approved." Such approval decision shall be final and binding
20 except that challenges may be made only on the ground that the
21 applicant did not possess the qualifications of an absentee
22 elector prior to or concurrently with the time of voting. Such
23 challenges must be made to the county board of elections prior
24 to 5:00 o'clock P. M. on the first [Friday] Monday prior to the
25 election. When so approved, the county board of elections shall
26 cause the applicant's name and residence (and at a primary, the
27 party enrollment) to be inserted in the Military, Veterans and
28 Emergency Civilian Absentee Voters File as provided in section
29 1302.3 subsection (b).
30 (c) The county board of elections, upon receipt of any
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1 application of a qualified elector required to be registered
2 under the provisions of preceding section 1301, shall determine
3 the qualifications of such applicant by comparing the
4 information set forth on such application with the information
5 contained on the applicant's permanent registration card. If the
6 board is satisfied that the applicant is qualified to receive an
7 official absentee ballot, the application shall be marked
8 "approved." Such approval decision shall be final and binding,
9 except that challenges may be made only on the ground that the
10 applicant did not possess the qualifications of an absentee
11 elector. Such challenges must be made to the county board of
12 elections prior to 5:00 o'clock P. M. on the first Friday prior
13 to the election. When so approved, the registration commission
14 shall cause an absentee voter's temporary registration card to
15 be inserted in the district register on top of and along with
16 the permanent registration card. The absentee voter's temporary
17 registration card shall be in the color and form prescribed in
18 subsection (e) of this section:
19 Provided, however, That the duties of the county boards of
20 elections and the registration commissions with respect to the
21 insertion of the absentee voter's temporary registration card of
22 any elector from the district register as set forth in section
23 1302.2 shall include only such applications and emergency
24 applications as are received on or before the first Tuesday
25 prior to the primary or election. In all cases where
26 applications are received after the first Tuesday prior to the
27 primary or election and before five o'clock P. M. on the first
28 [Friday] Monday prior to the primary or election, the county
29 board of elections shall determine the qualifications of such
30 applicant by comparing the information set forth on such
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1 application with the information contained on the applicant's
2 duplicate registration card on file in the General Register
3 (also referred to as the Master File) in the office of the
4 Registration Commission and shall cause the name and residence
5 (and at primaries, the party enrollment) to be inserted in the
6 Military, Veterans and Emergency Civilian Absentee Voters File
7 as provided in section 1302.3, subsection (b). In addition, the
8 local district boards of elections shall, upon canvassing the
9 official absentee ballots under section 1308, examine the voting
10 check list of the election district of said elector's residence
11 and satisfy itself that such elector did not cast any ballot
12 other than the one properly issued to him under his absentee
13 ballot application. In all cases where the examination of the
14 local district board of elections discloses that an elector did
15 vote a ballot other than the one properly issued to him under
16 the absentee ballot application, the local district board of
17 elections shall thereupon cancel said absentee ballot and said
18 elector shall be subject to the penalties as hereinafter set
19 forth.
20 (d) In the event that any application for an official
21 absentee ballot is not approved by the county board of
22 elections, the elector shall be notified immediately to that
23 effect with a statement by the county board of the reasons for
24 the disapproval.
25 (e) The absentee voter's temporary registration card shall be
26 in duplicate and the same size as the permanent registration
27 card, in a different and contrasting color to the permanent
28 registration card and shall contain the absentee voter's name
29 and address and shall conspicuously contain the words "Absentee
30 Voter." Such card shall also contain the affidavit required by
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1 subsection (b) of section 1306.
2 Section 1306. Voting by Absentee Electors.--(a) At any time
3 after receiving an official absentee ballot, but on or before
4 five o'clock P. M. on the [Friday] Monday prior to the primary
5 or election, the elector shall, in secret, proceed to mark the
6 ballot only in black lead pencil, indelible pencil or blue,
7 black or blue-black ink, in fountain pen or ball point pen, and
8 then fold the ballot, enclose and securely seal the same in the
9 envelope on which is printed, stamped or endorsed "Official
10 Absentee Ballot." This envelope shall then be placed in the
11 second one, on which is printed the form of declaration of the
12 elector, and the address of the elector's county board of
13 election and the local election district of the elector. The
14 elector shall then fill out, date and sign the declaration
15 printed on such envelope. Such envelope shall then be securely
16 sealed and the elector shall send same by mail, postage prepaid,
17 except where franked, or deliver it in person to said county
18 board of election:
19 Provided, however, That any elector, spouse of the elector or
20 dependent of the elector, qualified in accordance with the
21 provisions of section 1301, subsections (e), (f), (g) and (h) to
22 vote by absentee ballot as herein provided, shall be required to
23 include on the form of declaration a supporting declaration in
24 form prescribed by the Secretary of the Commonwealth, to be
25 signed by the head of the department or chief of division or
26 bureau in which the elector is employed, setting forth the
27 identity of the elector, spouse of the elector or dependent of
28 the elector:
29 Provided further, That any elector who has filed his
30 application in accordance with section 1302 subsection (e) (2),
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1 and is unable to sign his declaration because of illness or
2 physical disability, shall be excused from signing upon making a
3 declaration which shall be witnessed by one adult person in
4 substantially the following form: I hereby declare that I am
5 unable to sign my declaration for voting my absentee ballot
6 without assistance because I am unable to write by reason of my
7 illness or physical disability. I have made or received
8 assistance in making my mark in lieu of my signature.
9 .....................(Mark)
10 ...................................
11 (Date)
12 ...............................
13 (Signature of Witness)
14 ...................................
15 (Complete Address of Witness)
16 (b) In the event that any such elector, excepting an elector
17 in military service or any elector unable to go to his polling
18 place because of illness or physical disability, entitled to
19 vote an official absentee ballot shall be in the county of his
20 residence on the day for holding the primary or election for
21 which the ballot was issued, or in the event any such elector
22 shall have recovered from his illness or physical disability
23 sufficiently to permit him to present himself at the proper
24 polling place for the purpose of casting his ballot, such
25 absentee ballot cast by such elector shall, be declared void.
26 Any such elector referred to in this subsection, who is
27 within the county of his residence must present himself at his
28 polling place and, shall be permitted to vote upon presenting
29 himself at his regular polling place in the same manner as he
30 could have voted had he not received an absentee ballot:
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1 Provided, That such elector has first presented himself to the
2 judge of elections in his local election district and shall have
3 signed the affidavit on the absentee voter's temporary
4 registration card, which affidavit shall be in substantially the
5 following form:
6 I hereby swear that I am a qualified registered elector who
7 has obtained an absentee ballot, however, I am present in the
8 county of my residence and physically able to present myself at
9 my polling place and therefore request that my absentee ballot
10 be voided.
11 ..............................
12 (Date) (Signature of Elector)
13 .........................................
14 (Local Judge of Elections)
15 An elector who has received an absentee ballot under the
16 emergency application provisions of section 1302.1, and for
17 whom, therefore, no temporary absentee voter's registration card
18 is in the district register, shall sign the aforementioned
19 affidavit in any case, which the local judge of elections shall
20 then cause to be inserted in the district register with the
21 elector's permanent registration card.
22 Section 2. Section 1308 of the act, amended or added
23 December 11, 1968 (P.L.1183, No.375) or July 11, 1980 (P.L.600,
24 No.128), is amended to read:
25 Section 1308. Canvassing of Official Absentee Ballots.--
26 (a) The county boards of election, upon receipt of official
27 absentee ballots in such envelopes, shall safely keep the same
28 in sealed or locked containers until they distribute same to the
29 appropriate local election districts in a manner prescribed by
30 the Secretary of the Commonwealth.
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1 The county board of elections shall then distribute the
2 absentee ballots, unopened, to the absentee voter's respective
3 election district concurrently with the distribution of the
4 other election supplies. Absentee ballots shall be canvassed
5 immediately and continuously without interruption until
6 completed after the close of the polls on the day of the
7 election in each election district. The results of the canvass
8 of the absentee ballots shall then be included in and returned
9 to the county board with the returns of that district. No
10 absentee ballot shall be counted which is received in the office
11 of the county board of election later than five o'clock P. M. on
12 the [Friday] Monday immediately preceding the primary or
13 November election.
14 (b) Watchers shall be permitted to be present when the
15 envelopes containing official absentee ballots are opened and
16 when such ballots are counted and recorded.
17 (b.1) (1) In the event that an electronic voting system
18 provides for central tabulations of ballots, such absentee
19 ballots shall be opened and deposited in the ballot box without
20 being counted except as to the number of absentee ballots cast.
21 The absentee ballots shall be counted along with the other
22 ballots from the election district at the location and in the
23 manner specified by the county board of elections and provided
24 for by the electronic voting system utilized.
25 (2) In the event that an electronic voting system provides
26 for tabulation of votes at the election district, such absentee
27 ballots shall be opened, checked for write-in votes in
28 accordance with section 1113-A and then either hand-counted or
29 counted by means of the automatic tabulation equipment, whatever
30 the case may be.
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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 county 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
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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,
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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
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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 3. This act shall take effect in 60 days.
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