PRINTER'S NO.  2373

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1586

Session of

2012

  

  

INTRODUCED BY LEACH, BLAKE, STACK, FERLO, HUGHES, FONTANA, COSTA, FARNESE, WILLIAMS, SCHWANK, BREWSTER, TARTAGLIONE, WOZNIAK, WASHINGTON, KITCHEN AND DINNIMAN, SEPTEMBER 5, 2012

  

  

REFERRED TO STATE GOVERNMENT, SEPTEMBER 5, 2012  

  

  

  

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," in preliminary provisions, further providing for

12

definitions; in the Secretary of the Commonwealth, further

13

providing for requirements relating to voter identification;

14

in preparation for and conduct of primaries and elections,

15

further providing for manner of applying to vote, persons

16

entitled to vote, voter's certificates, entries to be made in

17

district register, numbered lists of voters and challenges;

18

in voting by qualified absentee electors, further providing

19

for applications for official absentee ballots, for approval

20

of application for absentee ballot, for delivering or mailing

21

ballots, for canvassing of official absentee ballots and for

22

public records; in penalties, further providing for

23

enforcement; and making a related repeal.

24

The General Assembly of the Commonwealth of Pennsylvania

25

hereby enacts as follows:

26

Section 1.  Sections 102(z.5) and 206 of the act of June 3,

27

1937 (P.L.1333, No.320), known as the Pennsylvania Election

28

Code, added March 14, 2012 (P.L.195, No.18), are repealed:

 


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 "proof of identification" shall mean:

6

(1)  In the case of an elector who has a religious objection

7

to being photographed, a valid-without-photo driver's license or

8

a valid-without-photo identification card issued by the

9

Department of Transportation.

10

(2)  For an elector who appears to vote under section 1210, a

11

document that:

12

(i)  shows the name of the individual to whom the document

13

was issued and the name substantially conforms to the name of

14

the individual as it appears in the district register;

15

(ii)  shows a photograph of the individual to whom the

16

document was issued;

17

(iii)  includes an expiration date and is not expired,

18

except:

19

(A)  for a document issued by the Department of

20

Transportation which is not more than twelve (12) months past

21

the expiration date; or

22

(B)  in the case of a document from an agency of the Armed

23

forces of the United States or their reserve components,

24

including the Pennsylvania National Guard, establishing that the

25

elector is a current member of or a veteran of the United States

26

Armed Forces or National Guard which does not designate a

27

specific date on which the document expires, but includes a

28

designation that the expiration date is indefinite; and

29

(iv)  was issued by one of the following:

30

(A)  The United States Government.

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1

(B)  The Commonwealth of Pennsylvania.

2

(C)  A municipality of this Commonwealth to an employee of

3

that municipality.

4

(D)  An accredited Pennsylvania public or private institution

5

of higher learning.

6

(E)  A Pennsylvania care facility.

7

(3)  For a qualified absentee elector under section 1301:

8

(i)  in the case of an elector who has been issued a current

9

and valid driver's license, the elector's driver's license

10

number;

11

(ii)  in the case of an elector who has not been issued a

12

current and valid driver's license, the last four digits of the

13

elector's Social Security number;

14

(iii)  in the case of an elector who has a religious

15

objection to being photographed, a copy of a document that

16

satisfies paragraph (1); or

17

(iv)  in the case of an elector who has not been issued a

18

current and valid driver's license or Social Security number, a

19

copy of a document that satisfies paragraph (2).

20

Section 206.  Requirements Relating to Voter

21

Identification.--(a)  The Secretary of the Commonwealth shall

22

prepare and disseminate information to the public regarding the

23

proof of identification requirements established under sections

24

1210 and 1302.

25

(b)  Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)

26

(relating to issuance and content of driver's license) to the

27

contrary, the Department of Transportation shall issue an

28

identification card described in 75 Pa.C.S. § 1510(b) at no cost

29

to any registered elector who has made application therefor and

30

has included with the completed application a statement signed

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1

by the elector declaring under oath or affirmation that the

2

elector does not possess proof of identification as defined in

3

section 102(z.5)(2) and requires proof of identification for

4

voting purposes.

5

(c)  The Secretary of the Commonwealth shall prepare the form

6

of the statement described in subsection (b) and shall

7

distribute the form to the counties and the Department of

8

Transportation. The Secretary of the Commonwealth, the Secretary

9

of Transportation and the county boards of election shall

10

disseminate information to the public regarding the availability

11

of identification cards under subsection (b).]

12

Section 2.  Section 1210(a), (a.2), (a.3), (a.4)(1) and (5)

13

and (f) of the act, amended or added March 14, 2012 (P.L.195,

14

No.18), are amended and the section is amended by adding a

15

subsection to read:

16

Section 1210.  Manner of Applying to Vote; Persons Entitled

17

to Vote; Voter's Certificates; Entries to Be Made in District

18

Register; Numbered Lists of Voters; Challenges.--(a)  At every

19

primary and election each elector who appears to vote in that

20

election district for the first time and who desires to vote

21

shall first present to an election officer [proof of

22

identification] one of the following forms of photo

23

identification:

24

(1)  a valid driver's license or identification card issued

25

by the Department of Transportation;

26

(2)  a valid identification card issued by any other agency

27

of the Commonwealth;

28

(3)  a valid identification card issued by the United States

29

Government;

30

(4)  a valid United States passport;

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1

(5)  a valid student identification card;

2

(6)  a valid employe identification card; or

3

(7)  a valid armed forces of the United States identification

4

card.

5

The election officer shall examine the [proof of] identification

6

presented by the elector and sign an affidavit stating that this

7

has been done.

8

(a.1)  Where the elector does not have a photo identification

9

as provided for in subsection (a), the elector shall present for

10

examination one of the following forms of identification that

11

shows the name and address of the elector:

12

(1)  nonphoto identification issued by the Commonwealth, or

13

any agency thereof;

14

(2)  nonphoto identification issued by the United States

15

Government, or agency thereof;

16

(3)  a firearm permit;

17

(4)  a current utility bill;

18

(5)  a current bank statement;

19

(6)  a paycheck;

20

(7)  a government check.

21

The election officer shall examine the identification

22

presented by the elector and sign an affidavit stating that this

23

has been done.

24

(a.2)  [If any of the following apply, the elector shall be

25

permitted to cast a provisional ballot in accordance with

26

subsection (a.4):

27

(1)  The elector is unable to produce proof of

28

identification:

29

(i)  on the grounds that the elector is indigent and unable

30

to obtain proof of identification without the payment of a fee;

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1

or

2

(ii)  on any other grounds.

3

(2)  The elector's proof of identification is challenged by

4

the judge of elections.] If the elector is unable to produce

5

identification or the elector's identification is challenged by

6

the judge of elections, the elector shall be permitted to cast a

7

provisional ballot in accordance with subsection (a.4).

8

(a.3)  (1)  All electors, including any elector that shows

9

[proof of] identification pursuant to subsection (a), shall

10

subsequently sign a voter's certificate in blue, black or blue-

11

black ink with a fountain pen or ball point pen, and, unless he

12

is a State or Federal employe who has registered under any

13

registration act without declaring his residence by street and

14

number, he shall insert his address therein, and hand the same

15

to the election officer in charge of the district register.

16

(2)  Such election officer shall thereupon announce the

17

elector's name so that it may be heard by all members of the

18

election board and by all watchers present in the polling place

19

and shall compare the elector's signature on his voter's

20

certificate with his signature in the district register. If,

21

upon such comparison, the signature upon the voter's certificate

22

appears to be genuine, the elector who has signed the

23

certificate shall, if otherwise qualified, be permitted to vote:

24

Provided, That if the signature on the voter's certificate, as

25

compared with the signature as recorded in the district

26

register, shall not be deemed authentic by any of the election

27

officers, such elector shall not be denied the right to vote for

28

that reason, but shall be considered challenged as to identity

29

and required to make the affidavit and produce the evidence as

30

provided in subsection (d) of this section.

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1

(3)  When an elector has been found entitled to vote, the

2

election officer who examined his voter's certificate and

3

compared his signature shall sign his name or initials on the

4

voter's certificate, shall, if the elector's signature is not

5

readily legible, print such elector's name over his signature,

6

and the number of the stub of the ballot issued to him or his

7

number in the order of admission to the voting machines, and at

8

primaries a letter or abbreviation designating the party in

9

whose primary he votes shall also be entered by one of the

10

election officers or clerks.

11

(4)  As each voter is found to be qualified and votes, the

12

election officer in charge of the district register shall write

13

or stamp the date of the election or primary, the number of the

14

stub of the ballot issued to him or his number in the order of

15

admission to the voting machines, and at primaries a letter or

16

abbreviation designating the party in whose primary he votes,

17

and shall sign his name or initials in the proper space on the

18

registration card of such voter contained in the district

19

register.

20

(5)  As each voter votes, his name in the order of voting

21

shall be recorded in two (2) numbered lists of voters provided

22

for that purpose, with the addition of a note of each voter's

23

party enrollment after his name at primaries.

24

(a.4)  (1)  At all elections an individual who claims to be

25

properly registered and eligible to vote at the election

26

district but whose name does not appear on the district register

27

and whose registration cannot be determined by the inspectors of

28

election or the county election board shall be permitted to cast

29

a provisional ballot. Individuals who [appear to vote] are

30

voting for the first time at the election district shall be

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1

required to produce [proof of] identification pursuant to

2

subsection (a) or (a.1) and if unable to do so shall be

3

permitted to cast a provisional ballot. An individual presenting

4

a judicial order to vote shall be permitted to cast a

5

provisional ballot.

6

* * *

7

(5)  (i)  Except as provided in subclause (ii), if it is

8

determined that the individual was registered and entitled to

9

vote at the election district where the ballot was cast, the

10

county board of elections shall compare the signature on the

11

provisional ballot envelope with the signature on the elector's

12

registration form and, if the signatures are determined to be

13

genuine, shall count the ballot if the county board of elections

14

confirms that the individual did not cast any other ballot,

15

including an absentee ballot, in the election.

16

(ii)  A provisional ballot shall not be counted if:

17

(A)  either the provisional ballot envelope under clause (3)

18

or the affidavit under clause (2) is not signed by the

19

individual;

20

(B)  the signature required under clause (3) and the

21

signature required under clause (2) are either not genuine or

22

are not executed by the same individual; or

23

(C)  a provisional ballot envelope does not contain a secrecy

24

envelope[;].

25

[(D)  in the case of a provisional ballot that was cast under

26

subsection (a.2)(1)(i), within six calendar days following the

27

election the elector fails to appear before the county board of

28

elections to execute an affirmation or the county board of

29

elections does not receive an electronic, facsimile or paper

30

copy of an affirmation affirming, under penalty of perjury, that

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1

the elector is the same individual who personally appeared

2

before the district election board on the day of the election

3

and cast a provisional ballot and that the elector is indigent

4

and unable to obtain proof of identification without the payment

5

of a fee; or

6

(E)  in the case of a provisional ballot that was cast under

7

subsection (a.2)(1)(ii), within six calendar days following the

8

election, the elector fails to appear before the county board of

9

elections to present proof of identification and execute an

10

affirmation or the county board of elections does not receive an

11

electronic, facsimile or paper copy of the proof of

12

identification and an affirmation affirming, under penalty of

13

perjury, that the elector is the same individual who personally

14

appeared before the district election board on the day of the

15

election and cast a provisional ballot.]

16

(iii)  One authorized representative of each candidate in an

17

election and one representative from each party shall be

18

permitted to remain in the room in which deliberation or

19

determination of subclause (ii) is being made.

20

* * *

21

[(f)  As used in this section, "care facility" means any of

22

the following:

23

(1)  A long-term care nursing facility as defined in section

24

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

25

"Health Care Facilities Act."

26

(2)  An assisted living residence or a personal care home as

27

defined in section 1001 of the act of June 13, 1967 (P.L.31,

28

No.21), known as the "Public Welfare Code."]

29

Section 3.  Sections 1302(e), (e.2) and (j), 1302.2(c), (d)

30

and (f), 1305(b) and (c), 1308(g)(2) and (3), (h) and (i) and

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1

1309 of the act, amended or added March 14, 2012 (P.L.195,

2

No.18), are amended to read:

3

Section 1302.  Applications for Official Absentee Ballots.--*

4

* *

5

(e)  Any qualified bedridden or hospitalized veteran absent

6

from the municipality of his residence and unable to attend his

7

polling place because of such illness or physical disability,

8

regardless of whether he is registered or enrolled, may apply at

9

any time before any primary or election for an official absentee

10

ballot on any official county board of election form addressed

11

to the Secretary of the Commonwealth of Pennsylvania or the

12

county board of elections of the county in which his voting

13

residence is located.

14

The application shall contain the following information:

15

Residence at the time of becoming bedridden or hospitalized,

16

length of time a citizen, length of residence in Pennsylvania,

17

date of birth, length of time a resident in voting district,

18

voting district if known, party choice in case of primary, name

19

and address of present residence or hospital at which

20

hospitalized. When such application is received by the Secretary

21

of the Commonwealth, it shall be forwarded to the proper county

22

board of elections.

23

The application for an official absentee ballot for any

24

primary or election shall be made on information supplied over

25

the signature of the bedridden or hospitalized veteran as

26

required in the preceding subsection. Any qualified registered

27

elector, including a spouse or dependent referred to in

28

subsection (l) of section 1301, who expects to be or is absent

29

from the municipality of his residence because his duties,

30

occupation or business require him to be elsewhere on the day of

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1

any primary or election and any qualified registered elector who

2

is unable to attend his polling place on the day of any primary

3

or election because of illness or physical disability and any

4

qualified registered bedridden or hospitalized veteran in the

5

county of residence, or in the case of a county employe who

6

cannot vote due to duties on election day relating to the

7

conduct of the election, or in the case of a person who will not

8

attend a polling place because of the observance of a religious

9

holiday, may apply to the county board of elections of the

10

county in which his voting residence is located for an Official

11

Absentee Ballot. Such application shall be made upon an official

12

application form supplied by the county board of elections. Such

13

official application form shall be determined and prescribed by

14

the Secretary of the Commonwealth of Pennsylvania.

15

(1)  The application of any qualified registered elector,

16

including spouse or dependent referred to in subsection (l) of

17

section 1301, who expects to be or is absent from the

18

municipality of his residence because his duties, occupation or

19

business require him to be elsewhere on the day of any primary

20

or election, or in the case of a county employe who cannot vote

21

due to duties on election day relating to the conduct of the

22

election, or in the case of a person who will not attend a

23

polling place because of the observance of a religious holiday,

24

shall be signed by the applicant and shall include the surname

25

and given name or names of the applicant, [proof of

26

identification,] his occupation, date of birth, length of time a

27

resident in voting district, voting district if known, place of

28

residence, post office address to which ballot is to be mailed,

29

the reason for his absence, and such other information as shall

30

make clear to the county board of elections the applicant's

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1

right to an official absentee ballot.

2

(2)  The application of any qualified registered elector who

3

is unable to attend his polling place on the day of any primary

4

or election because of illness or physical disability and the

5

application of any qualified registered bedridden or

6

hospitalized veteran in the county of residence shall be signed

7

by the applicant and shall include surname and given name or

8

names of the applicant, [proof of identification,] his

9

occupation, date of birth, residence at the time of becoming

10

bedridden or hospitalized, length of time a resident in voting

11

district, voting district if known, place of residence, post

12

office address to which ballot is to be mailed, and such other

13

information as shall make clear to the county board of elections

14

the applicant's right to an official ballot. In addition, the

15

application of such electors shall include a declaration stating

16

the nature of their disability or illness, and the name, office

17

address and office telephone number of their attending

18

physician: Provided, however, That in the event any elector

19

entitled to an absentee ballot under this subsection be unable

20

to sign his application because of illness or physical

21

disability, he shall be excused from signing upon making a

22

statement which shall be witnessed by one adult person in

23

substantially the following form: I hereby state that I am

24

unable to sign my application for an absentee ballot without

25

assistance because I am unable to write by reason of my illness

26

or physical disability. I have made or have received assistance

27

in making my mark in lieu of my signature.

28

...............................

  

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

29

(Date)

  

  

30

...............................

  

............................

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1

(Complete Address of Witness)

  

(Signature of Witness)

2

* * *

3

(e.2)  Notwithstanding the other provisions of this act any

4

qualified elector who expects to be or is absent from the

5

municipality of his residence because his duties, occupation or

6

business require him to be elsewhere on the day of any election

7

or a county employe who cannot vote due to duties on election

8

day relating to the conduct of the election or a person who will

9

not attend a polling place because of the observance of a

10

religious holiday may make an application for an absentee ballot

11

by mail by sending a letter to the county board of elections in

12

the county in which his voting residence is located. The letter

13

shall be signed by the applicant and contain his name[,] and 

14

place of residence [and proof of identification].

15

* * *

16

[(j)  Notwithstanding the provisions of this section

17

requiring proof of identification, a qualified absentee elector

18

shall not be required to provide proof of identification if the

19

elector is entitled to vote by absentee ballot under the

20

Uniformed and Overseas Citizens Absentee Voting Act (Public Law

21

99-410, 100 Stat. 924) or by an alternative ballot under the

22

Voting Accessibility for the Elderly and Handicapped Act (Public

23

Law 98-435, 98 Stat. 1678).]

24

Section 1302.2.  Approval of Application for Absentee

25

Ballot.--

26

* * *

27

(c)  The county board of elections, upon receipt of any

28

application of a qualified elector required to be registered

29

under the provisions of preceding section 1301, shall determine

30

the qualifications of such applicant by [verifying the proof of

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1

identification and] comparing the information set forth on such

2

application with the information contained on the applicant's

3

permanent registration card. If the board is satisfied that the

4

applicant is qualified to receive an official absentee ballot,

5

the application shall be marked "approved." Such approval

6

decision shall be final and binding, except that challenges may

7

be made only on the ground that the applicant did not possess

8

the qualifications of an absentee elector. Such challenges must

9

be made to the county board of elections prior to 5:00 o'clock

10

P. M. on the first Friday prior to the election. When so

11

approved, the registration commission shall cause an absentee

12

voter's temporary registration card to be inserted in the

13

district register on top of and along with the permanent

14

registration card. The absentee voter's temporary registration

15

card shall be in the color and form prescribed in subsection (e)

16

of this section:

17

Provided, however, That the duties of the county boards of

18

elections and the registration commissions with respect to the

19

insertion of the absentee voter's temporary registration card of

20

any elector from the district register as set forth in section

21

1302.2 shall include only such applications and emergency

22

applications as are received on or before the first Tuesday

23

prior to the primary or election. In all cases where

24

applications are received after the first Tuesday prior to the

25

primary or election and before five o'clock P. M. on the first

26

Friday prior to the primary or election, the county board of

27

elections shall determine the qualifications of such applicant

28

by [verifying the proof of identification and] comparing the

29

information set forth on such application with the information

30

contained on the applicant's duplicate registration card on file

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1

in the General Register (also referred to as the Master File) in

2

the office of the Registration Commission and shall cause the

3

name and residence (and at primaries, the party enrollment) to

4

be inserted in the Military, Veterans and Emergency Civilian

5

Absentee Voters File as provided in section 1302.3, subsection

6

(b). In addition, the local district boards of elections shall,

7

upon canvassing the official absentee ballots under section

8

1308, examine the voting check list of the election district of

9

said elector's residence and satisfy itself that such elector

10

did not cast any ballot other than the one properly issued to

11

him under his absentee ballot application. In all cases where

12

the examination of the local district board of elections

13

discloses that an elector did vote a ballot other than the one

14

properly issued to him under the absentee ballot application,

15

the local district board of elections shall thereupon cancel

16

said absentee ballot and said elector shall be subject to the

17

penalties as hereinafter set forth.

18

(d) In the event that any application for an official

19

absentee ballot is not approved by the county board of

20

elections, the elector shall be notified immediately to that

21

effect with a statement by the county board of the reasons for

22

the disapproval. [For those applicants whose proof of

23

identification was not provided with the application or could

24

not be verified by the board, the board shall send notice to the

25

elector with the absentee ballot requiring the elector to

26

provide proof of identification with the absentee ballot or the

27

ballot will not be counted.]

28

* * *

29

[(f)  Notwithstanding the provisions of this section, a

30

qualified absentee elector shall not be required to provide

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1

proof of identification if the elector is entitled to vote by

2

absentee ballot under the Uniformed and Overseas Citizens

3

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

4

alternative ballot under the Voting Accessibility for the

5

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

6

Section 1305.  Delivering or Mailing Ballots.--

7

* * *

8

(b)  The county board of elections upon receipt and approval

9

of an application filed by any elector qualified in accordance

10

with the provisions of section 1301, subsections (i) to (l),

11

inclusive, shall commence to deliver or mail official absentee

12

ballots on the second Tuesday prior to the primary or election.

13

[For those applicants whose proof of identification was not

14

provided with the application or could not be verified by the

15

board, the board shall send the notice required under section

16

1302.2(d) with the absentee ballot.] As additional applications

17

are received and approved, the board shall deliver or mail

18

official absentee ballots to such additional electors within

19

forty-eight hours.

20

[(c)  Notwithstanding the provisions of this section, a

21

qualified absentee elector shall not be required to provide

22

proof of identification if the elector is entitled to vote by

23

absentee ballot under the Uniformed and Overseas Citizens

24

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

25

alternative ballot under the Voting Accessibility for the

26

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

27

Section 1308.  Canvassing of Official Absentee Ballots.--* *

28

*

29

(g)  * * *

30

(2)  The county board of elections shall meet on the eighth

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1

day following the election to canvass the absentee ballots

2

received under this subsection [and subsection (h)(2)]. One

3

authorized representative of each candidate in an election and

4

one representative from each political party shall be permitted

5

to remain in the room in which the absentee ballots are

6

canvassed. Representatives shall be permitted to challenge any

7

absentee elector in accordance with the provisions of paragraph

8

(3).

9

(3)  When the county board meets to canvass absentee ballots

10

under paragraph (2), the board shall examine the declaration on

11

the envelope of each ballot not set aside under subsection (d)

12

and shall compare the information thereon with that contained in

13

the "Registered Absentee Voters File," the absentee voters' list

14

and/or the "Military Veterans and Emergency Civilians Absentee

15

Voters File," whichever is applicable. If the county board [has

16

verified the proof of identification as required under this

17

act,] is satisfied that the declaration is sufficient and the

18

information contained in the "Registered Absentee Voters File,"

19

the absentee voters' list and/or the "Military Veterans and

20

Emergency Civilians Absentee Voters File" verifies his right to

21

vote, the county board shall announce the name of the elector

22

and shall give any candidate representative or party

23

representative present an opportunity to challenge any absentee

24

elector upon the ground or grounds: (i) that the absentee

25

elector is not a qualified elector; or (ii) that the absentee

26

elector was within the municipality of his residence on the day

27

of the primary or election during the period the polls were

28

open, except where he was in the military service or except in

29

the case where his ballot was obtained for the reason that he

30

was unable to appear personally at the polling place because of

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1

illness or physical disability; or (iii) that the absentee

2

elector was able to appear personally at the polling place on

3

the day of the primary or election during the period the polls

4

were open in the case his ballot was obtained for the reason

5

that he was unable to appear personally at the polling place

6

because of illness or physical disability. Upon challenge of any

7

absentee elector, as set forth herein, the board shall mark

8

"challenged" on the envelope together with the reasons therefor,

9

and the same shall be set aside unopened pending final

10

determination of the challenge according to the procedure

11

described in paragraph (5).* * *

12

[(h)  For those absentee ballots for which proof of

13

identification has not been received or could not be verified:

14

(1)  If the proof of identification is received and verified

15

by the county board of elections prior to the distribution of

16

the absentee ballots to the local election districts, then the

17

county shall distribute the absentee ballots for which proof of

18

identification is received and verified, along with the other

19

absentee ballots, to the absentee voter's respective election

20

district. If the county board of elections does not receive or

21

is not able to verify the proof of identification for an elector

22

prior to the absentee ballots' being sent to the appropriate

23

local election districts, the county board shall keep the

24

absentee ballot and follow the procedures set forth in paragraph

25

(2) or (3), whichever is applicable.

26

(2)  If the proof of identification is received and verified

27

after the absentee ballots have been distributed to the

28

appropriate local election districts, but prior to the sixth

29

calendar day following the election, then the county board of

30

elections shall canvass the absentee ballots under this

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1

subsection in accordance with subsection (g)(2), unless the

2

elector appeared to vote at the proper polling place for the

3

purpose of casting a ballot, then the absentee ballot cast by

4

that elector shall be declared void.

5

(3)  If an elector fails to provide proof of identification

6

that can be verified by the county board of elections by the

7

sixth calendar day following the election, then the absentee

8

ballot shall not be counted.

9

(i)  Notwithstanding the provisions of this section, a

10

qualified absentee elector shall not be required to provide

11

proof of identification if the elector is entitled to vote by

12

absentee ballot under the Uniformed and Overseas Citizens

13

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

14

alternative ballot under the Voting Accessibility for the

15

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

16

Section 1309.  Public Records.--All official absentee

17

ballots, files, applications for such ballots and envelopes on

18

which the executed declarations appear, and all information and

19

lists are hereby designated and declared to be public records

20

and shall be safely kept for a period of two years, except that

21

no [proof of identification shall be made public, nor shall]

22

information concerning a military elector shall be made public

23

which is expressly forbidden by the Department of Defense

24

because of military security.

25

Section 4.  Section 1854 of the act, added March 14, 2012

26

(P.L.195, No.18), is repealed:

27

[Section 1854.  Enforcement.--(a)  The Attorney General shall

28

have prosecutorial jurisdiction over all violations committed

29

under this act.

30

(b)  The district attorney of any county in which a violation

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1

has occurred shall have concurrent powers and responsibilities

2

with the Attorney General over violations committed under this

3

act.]

4

Section 5.  Repeals are as follows:

5

(1)  The General Assembly declares that the repeal under

6

paragraph (2) is necessary to effectuate the amendment or

7

addition of the following provisions of the act:

8

(i)  Section 102(z.5).

9

(ii)  Section 206.

10

(iii)  Section 1210(a), (a.1), (a.2), (a.3), (a.4)(1

11

and (5) and (f).

12

(iv)  Section 1302(e), (e.2) and (j).

13

(v)  Section 1302.2(c), (d) and (f).

14

(vi)  Section 1305(b) and (c).

15

(vii)  Section 1308(g)(2) and (3), (h) and (i).

16

(vii)  Section 1309.

17

(ix)  Section 1854. 

18

(2)  Section 10 of the act of March 14, 2012 (P.L.195,

19

No.18), entitled, "An act amending the act of June 3, 1937

20

(P.L.1333, No.320), entitled 'An act concerning elections,

21

including general, municipal, special and primary elections,

22

the nomination of candidates, primary and election expenses

23

and election contests; creating and defining membership of

24

county boards of elections; imposing duties upon the

25

Secretary of the Commonwealth, courts, county boards of

26

elections, county commissioners; imposing penalties for

27

violation of the act, and codifying, revising and

28

consolidating the laws relating thereto; and repealing

29

certain acts and parts of acts relating to elections,' in

30

preliminary provisions, defining 'proof of identification';

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1

in the Secretary of the Commonwealth, providing for

2

requirements relating to voter identification; in preparation

3

for and conduct of primaries and elections, further providing

4

for manner of applying to vote, persons entitled to vote,

5

voter's certificates, entries to be made in district

6

register, numbered lists of voters and challenges; in voting

7

by qualified absentee electors, further providing for

8

applications for official absentee ballots, for approval of

9

application for absentee ballot, for delivering or mailing

10

ballots, for canvassing of official absentee ballots and for

11

public records; and providing for enforcement and for a

12

special procedure at certain elections," is repealed.

13

Section 6.  This act shall take effect immediately.

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