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," in preliminary provisions, further providing for
12definitions; in the Secretary of the Commonwealth, repealing
13provisions relating to requirements relating to voter
14identification; in preparation for and conduct of primaries
15and elections, further providing for manner of applying to
16vote, persons entitled to vote, voter's certificates, entries
17to be made in district register, numbered lists of voters and
18challenges; in voting by qualified absentee electors, further
19providing for applications for absentee ballot, for 
20delivering or mailing ballots, for canvassing of official 
21absentee ballots and for public records; in penalties, 
22repealing provisions relating to enforcement; and making a 
23related repeal.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

26Section 1. Section 102(z.5) of the act of June 3, 1937

1(P.L.1333, No.320), known as the Pennsylvania Election Code,
2added March 14, 2012 (P.L.195, No.18), is amended to read:

3Section 102. Definitions.--The following words, when used in
4this act, shall have the following meanings, unless otherwise
5clearly apparent from the context:

6* * *

7[(z.5) The words "proof of identification" shall mean:

8(1) In the case of an elector who has a religious objection
9to being photographed, a valid-without-photo driver's license or
10a valid-without-photo identification card issued by the
11Department of Transportation.

12(2) For an elector who appears to vote under section 1210, a
13document that:

14(i) shows the name of the individual to whom the document
15was issued and the name substantially conforms to the name of
16the individual as it appears in the district register;

17(ii) shows a photograph of the individual to whom the
18document was issued;

19(iii) includes an expiration date and is not expired,
20except:

21(A) for a document issued by the Department of
22Transportation which is not more than twelve (12) months past
23the expiration date; or

24(B) in the case of a document from an agency of the Armed
25forces of the United States or their reserve components,
26including the Pennsylvania National Guard, establishing that the
27elector is a current member of or a veteran of the United States
28Armed Forces or National Guard which does not designate a
29specific date on which the document expires, but includes a
30designation that the expiration date is indefinite; and

1(iv) was issued by one of the following:

2(A) The United States Government.

3(B) The Commonwealth of Pennsylvania.

4(C) A municipality of this Commonwealth to an employe of
5that municipality.

6(D) An accredited Pennsylvania public or private institution
7of higher learning.

8(E) A Pennsylvania care facility.

9(3) For a qualified absentee elector under section 1301:

10(i) in the case of an elector who has been issued a current
11and valid driver's license, the elector's driver's license
12number;

13(ii) in the case of an elector who has not been issued a
14current and valid driver's license, the last four digits of the
15elector's Social Security number;

16(iii) in the case of an elector who has a religious
17objection to being photographed, a copy of a document that
18satisfies paragraph (1); or

19(iv) in the case of an elector who has not been issued a
20current and valid driver's license or Social Security number, a
21copy of a document that satisfies paragraph (2).]

22Section 2. Section 206 of the act, added March 14, 2012
23(P.L.195, No.18), is repealed:

24[Section 206. Requirements Relating to Voter
25Identification.--(a) The Secretary of the Commonwealth shall
26prepare and disseminate information to the public regarding the
27proof of identification requirements established under sections
281210 and 1302.

29(b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)
30(relating to issuance and content of driver's license) to the

1contrary, the Department of Transportation shall issue an
2identification card described in 75 Pa.C.S. § 1510(b) at no cost
3to any registered elector who has made application therefor and
4has included with the completed application a statement signed
5by the elector declaring under oath or affirmation that the
6elector does not possess proof of identification as defined in
7section 102(z.5)(2) and requires proof of identification for
8voting purposes.

9(c) The Secretary of the Commonwealth shall prepare the form
10of the statement described in subsection (b) and shall
11distribute the form to the counties and the Department of
12Transportation. The Secretary of the Commonwealth, the Secretary
13of Transportation and the county boards of election shall
14disseminate information to the public regarding the availability
15of identification cards under subsection (b).]

16Section 3. Sections 1210(a), (a.1), (a.2), (a.3), (a.4)(1)
17and (5) and (f), 1302(e), (e.2) and (j), 1302.2(c), (d) and (f),
181305, 1308(g)(2) and (3), (h) and (i) and 1309 of the act,
19amended or added March 14, 2012 (P.L.195, No.18), are amended to
20read:

21Section 1210. Manner of Applying to Vote; Persons Entitled
22to Vote; Voter's Certificates; Entries to Be Made in District
23Register; Numbered Lists of Voters; Challenges.--(a) At every
24primary and election each elector who appears to vote in that 
25election district for the first time and who desires to vote
26shall first present to an election officer [proof of 
27identification] one of the following forms of photo 
28identification:

29(1) a valid driver's license or identification card issued
30by the Department of Transportation;

1(2) a valid identification card issued by any other agency
2of the Commonwealth;

3(3) a valid identification card issued by the United States
4Government;

5(4) a valid United States passport;

6(5) a valid student identification card;

7(6) a valid employe identification card; or

8(7) a valid armed forces of the United States identification 
9card.

10The election officer shall examine the [proof of] identification
11presented by the elector and sign an affidavit stating that this
12has been done.

13(a.1) Where the elector does not have a photo identification
14as provided for in subsection (a), the elector shall present for
15examination one of the following forms of identification that
16shows the name and address of the elector:

17(1) nonphoto identification issued by the Commonwealth, or
18any agency thereof;

19(2) nonphoto identification issued by the United States
20Government, or agency thereof;

21(3) a firearm permit;

22(4) a current utility bill;

23(5) a current bank statement;

24(6) a paycheck;

25(7) a government check.

26The election officer shall examine the identification presented 
27by the elector and sign an affidavit stating that this has been 
28done.

29(a.2) [If any of the following apply the elector shall be 
30permitted to cast a provisional ballot in accordance with
 

1subsection (a.4):

2(1) The elector is unable to produce proof of
3identification:

4(i) on the grounds that the elector is indigent and unable
5to obtain proof of identification without the payment of a fee;
6or

7(ii) on any other grounds.

8(2) The elector's proof of identification is challenged by 
9the judge of elections.] If the elector is unable to produce 
10identification or the elector's identification is challenged by 
11the judge of elections, the elector shall be permitted to cast a 
12provisional ballot in accordance with subsection (a.4).

13(a.3) [(1)] All electors, including any elector that shows
14[proof of] identification pursuant to subsection (a), shall
15subsequently sign a voter's certificate in blue, black or blue-
16black ink with a fountain pen or ball point pen, and, unless he
17is a State or Federal employe who has registered under any
18registration act without declaring his residence by street and
19number, he shall insert his address therein, and hand the same
20to the election officer in charge of the district register.

21[(2)] Such election officer shall thereupon announce the
22elector's name so that it may be heard by all members of the
23election board and by all watchers present in the polling place
24and shall compare the elector's signature on his voter's
25certificate with his signature in the district register. If,
26upon such comparison, the signature upon the voter's certificate
27appears to be genuine, the elector who has signed the
28certificate shall, if otherwise qualified, be permitted to vote:
29Provided, That if the signature on the voter's certificate, as
30compared with the signature as recorded in the district

1register, shall not be deemed authentic by any of the election
2officers, such elector shall not be denied the right to vote for
3that reason, but shall be considered challenged as to identity
4and required to make the affidavit and produce the evidence as
5provided in subsection (d) of this section.

6[(3)] When an elector has been found entitled to vote, the
7election officer who examined his voter's certificate and
8compared his signature shall sign his name or initials on the
9voter's certificate, shall, if the elector's signature is not
10readily legible, print such elector's name over his signature,
11and the number of the stub of the ballot issued to him or his
12number in the order of admission to the voting machines, and at
13primaries a letter or abbreviation designating the party in
14whose primary he votes shall also be entered by one of the
15election officers or clerks.

16[(4)] As each voter is found to be qualified and votes, the
17election officer in charge of the district register shall write
18or stamp the date of the election or primary, the number of the
19stub of the ballot issued to him or his number in the order of
20admission to the voting machines, and at primaries a letter or
21abbreviation designating the party in whose primary he votes,
22and shall sign his name or initials in the proper space on the
23registration card of such voter contained in the district
24register.

25[(5)] As each voter votes, his name in the order of voting
26shall be recorded in two (2) numbered lists of voters provided
27for that purpose, with the addition of a note of each voter's
28party enrollment after his name at primaries.

29(a.4) (1) At all elections an individual who claims to be
30properly registered and eligible to vote at the election

1district but whose name does not appear on the district register
2and whose registration cannot be determined by the inspectors of
3election or the county election board shall be permitted to cast
4a provisional ballot. Individuals who [appear to vote] are 
5voting for the first time at the election district shall be
6required to produce [proof of] identification pursuant to
7subsection (a) or (a.1) and if unable to do so shall be
8permitted to cast a provisional ballot. An individual presenting
9a judicial order to vote shall be permitted to cast a
10provisional ballot.

11* * *

12(5) (i) Except as provided in subclause (ii), if it is
13determined that the individual was registered and entitled to
14vote at the election district where the ballot was cast, the
15county board of elections shall compare the signature on the
16provisional ballot envelope with the signature on the elector's
17registration form and, if the signatures are determined to be
18genuine, shall count the ballot if the county board of elections
19confirms that the individual did not cast any other ballot,
20including an absentee ballot, in the election.

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

22(A) either the provisional ballot envelope under clause (3)
23or the affidavit under clause (2) is not signed by the
24individual;

25(B) the signature required under clause (3) and the
26signature required under clause (2) are either not genuine or
27are not executed by the same individual; or

28(C) a provisional ballot envelope does not contain a secrecy
29envelope[;

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

1subsection (a.2)(1)(i), within six calendar days following the
2election the elector fails to appear before the county board of
3elections to execute an affirmation or the county board of
4elections does not receive an electronic, facsimile or paper
5copy of an affirmation affirming, under penalty of perjury, that
6the elector is the same individual who personally appeared
7before the district election board on the day of the election
8and cast a provisional ballot and that the elector is indigent
9and unable to obtain proof of identification without the payment
10of a fee; or

11(E) in the case of a provisional ballot that was cast under 
12subsection (a.2)(1)(ii), within six calendar days following the 
13election, the elector fails to appear before the county board of 
14elections to present proof of identification and execute an 
15affirmation or the county board of elections does not receive an 
16electronic, facsimile or paper copy of the proof of 
17identification and an affirmation affirming, under penalty of 
18perjury, that the elector is the same individual who personally 
19appeared before the district election board on the day of the 
20election and cast a provisional ballot].

21(iii) One authorized representative of each candidate in an
22election and one representative from each party shall be
23permitted to remain in the room in which deliberation or
24determination of subclause (ii) is being made.

25* * *

26[(f) As used in this section, "care facility" means any of
27the following:

28(1) A long-term care nursing facility as defined in section
29802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
30"Health Care Facilities Act."

1(2) An assisted living residence or a personal care home as
2defined in section 1001 of the act of June 13, 1967 (P.L.31,
3No.21), known as the "Public Welfare Code."]

4Section 1302. Applications for Official Absentee Ballots.--*
5* *

6(e) Any qualified bedridden or hospitalized veteran absent
7from the municipality of his residence and unable to attend his
8polling place because of such illness or physical disability,
9regardless of whether he is registered or enrolled, may apply at
10any time before any primary or election for an official absentee
11ballot on any official county board of election form addressed
12to the Secretary of the Commonwealth of Pennsylvania or the
13county board of elections of the county in which his voting
14residence is located.

15The application shall contain the following information:
16Residence at the time of becoming bedridden or hospitalized,
17length of time a citizen, length of residence in Pennsylvania,
18date of birth, length of time a resident in voting district,
19voting district if known, party choice in case of primary, name
20and address of present residence or hospital at which
21hospitalized. When such application is received by the Secretary
22of the Commonwealth, it shall be forwarded to the proper county
23board of elections.

24The application for an official absentee ballot for any
25primary or election shall be made on information supplied over
26the signature of the bedridden or hospitalized veteran as
27required in the preceding subsection. Any qualified registered
28elector, including a spouse or dependent referred to in
29subsection (l) of section 1301, who expects to be or is absent
30from the municipality of his residence because his duties,

1occupation or business require him to be elsewhere on the day of
2any primary or election and any qualified registered elector who
3is unable to attend his polling place on the day of any primary
4or election because of illness or physical disability and any
5qualified registered bedridden or hospitalized veteran in the
6county of residence, or in the case of a county employe who
7cannot vote due to duties on election day relating to the
8conduct of the election, or in the case of a person who will not
9attend a polling place because of the observance of a religious
10holiday, may apply to the county board of elections of the
11county in which his voting residence is located for an Official
12Absentee Ballot. Such application shall be made upon an official
13application form supplied by the county board of elections. Such
14official application form shall be determined and prescribed by
15the Secretary of the Commonwealth of Pennsylvania.

16(1) The application of any qualified registered elector,
17including spouse or dependent referred to in subsection (l) of
18section 1301, who expects to be or is absent from the
19municipality of his residence because his duties, occupation or
20business require him to be elsewhere on the day of any primary
21or election, or in the case of a county employe who cannot vote
22due to duties on election day relating to the conduct of the
23election, or in the case of a person who will not attend a
24polling place because of the observance of a religious holiday,
25shall be signed by the applicant and shall include the surname
26and given name or names of the applicant, [proof of 
27identification,] his occupation, date of birth, length of time a
28resident in voting district, voting district if known, place of
29residence, post office address to which ballot is to be mailed,
30the reason for his absence, and such other information as shall

1make clear to the county board of elections the applicant's
2right to an official absentee ballot.

3(2) The application of any qualified registered elector who
4is unable to attend his polling place on the day of any primary
5or election because of illness or physical disability and the
6application of any qualified registered bedridden or
7hospitalized veteran in the county of residence shall be signed
8by the applicant and shall include surname and given name or
9names of the applicant, [proof of identification,] his
10occupation, date of birth, residence at the time of becoming
11bedridden or hospitalized, length of time a resident in voting
12district, voting district if known, place of residence, post
13office address to which ballot is to be mailed, and such other
14information as shall make clear to the county board of elections
15the applicant's right to an official ballot. In addition, the
16application of such electors shall include a declaration stating
17the nature of their disability or illness, and the name, office
18address and office telephone number of their attending
19physician: Provided, however, That in the event any elector
20entitled to an absentee ballot under this subsection be unable
21to sign his application because of illness or physical
22disability, he shall be excused from signing upon making a
23statement which shall be witnessed by one adult person in
24substantially the following form: I hereby state that I am
25unable to sign my application for an absentee ballot without
26assistance because I am unable to write by reason of my illness
27or physical disability. I have made or have received assistance
28in making my mark in lieu of my signature.

29...............................		......................(Mark)
30(Date)
20130HB1675PN2309 -12-
1...............................		............................
2(Complete Address of Witness)		(Signature of Witness)

3* * *

4(e.2) Notwithstanding the other provisions of this act any
5qualified elector who expects to be or is absent from the
6municipality of his residence because his duties, occupation or
7business require him to be elsewhere on the day of any election
8or a county employe who cannot vote due to duties on election
9day relating to the conduct of the election or a person who will
10not attend a polling place because of the observance of a
11religious holiday may make an application for an absentee ballot
12by mail by sending a letter to the county board of elections in
13the county in which his voting residence is located. The letter
14shall be signed by the applicant and contain his name[,] and 
15place of residence [and proof of identification].

16* * *

17[(j) Notwithstanding the provisions of this section
18requiring proof of identification, a qualified absentee elector
19shall not be required to provide proof of identification if the
20elector is entitled to vote by absentee ballot under the
21Uniformed and Overseas Citizens Absentee Voting Act (Public Law
2299-410, 100 Stat. 924) or by an alternative ballot under the
23Voting Accessibility for the Elderly and Handicapped Act (Public
24Law 98-435, 98 Stat. 1678).]

25Section 1302.2. Approval of Application for Absentee
26Ballot.--

27* * *

28(c) The county board of elections, upon receipt of any
29application of a qualified elector required to be registered
30under the provisions of preceding section 1301, shall determine

1the qualifications of such applicant by [verifying the proof of 
2identification and] comparing the information set forth on such
3application with the information contained on the applicant's
4permanent registration card. If the board is satisfied that the
5applicant is qualified to receive an official absentee ballot,
6the application shall be marked "approved." Such approval
7decision shall be final and binding, except that challenges may
8be made only on the ground that the applicant did not possess
9the qualifications of an absentee elector. Such challenges must
10be made to the county board of elections prior to 5:00 o'clock
11P. M. on the first Friday prior to the election. When so
12approved, the registration commission shall cause an absentee
13voter's temporary registration card to be inserted in the
14district register on top of and along with the permanent
15registration card. The absentee voter's temporary registration
16card shall be in the color and form prescribed in subsection (e)
17of this section:

18Provided, however, That the duties of the county boards of
19elections and the registration commissions with respect to the
20insertion of the absentee voter's temporary registration card of
21any elector from the district register as set forth in section
221302.2 shall include only such applications and emergency
23applications as are received on or before the first Tuesday
24prior to the primary or election. In all cases where
25applications are received after the first Tuesday prior to the
26primary or election and before five o'clock P. M. on the first
27Friday prior to the primary or election, the county board of
28elections shall determine the qualifications of such applicant
29by [verifying the proof of identification and] comparing the
30information set forth on such application with the information

1contained on the applicant's duplicate registration card on file
2in the General Register (also referred to as the Master File) in
3the office of the Registration Commission and shall cause the
4name and residence (and at primaries, the party enrollment) to
5be inserted in the Military, Veterans and Emergency Civilian
6Absentee Voters File as provided in section 1302.3, subsection
7(b). In addition, the local district boards of elections shall,
8upon canvassing the official absentee ballots under section
91308, examine the voting check list of the election district of
10said elector's residence and satisfy itself that such elector
11did not cast any ballot other than the one properly issued to
12him under his absentee ballot application. In all cases where
13the examination of the local district board of elections
14discloses that an elector did vote a ballot other than the one
15properly issued to him under the absentee ballot application,
16the local district board of elections shall thereupon cancel
17said absentee ballot and said elector shall be subject to the
18penalties as hereinafter set forth.

19(d) In the event that any application for an official
20absentee ballot is not approved by the county board of
21elections, the elector shall be notified immediately to that
22effect with a statement by the county board of the reasons for
23the disapproval. [For those applicants whose proof of 
24identification was not provided with the application or could 
25not be verified by the board, the board shall send notice to the 
26elector with the absentee ballot requiring the elector to 
27provide proof of identification with the absentee ballot or the 
28ballot will not be counted.]

29* * *

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

1qualified absentee elector shall not be required to provide
2proof of identification if the elector is entitled to vote by
3absentee ballot under the Uniformed and Overseas Citizens
4Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
5alternative ballot under the Voting Accessibility for the
6Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

7Section 1305. Delivering or Mailing Ballots.--

8(a) The county board of elections upon receipt and approval
9of an application filed by any elector qualified in accordance
10with the provisions of section 1301, subsections (a) to (h),
11inclusive, shall not later than fifty days prior to the day of
12the primary or not later than seventy days prior to the day of
13the election commence to deliver or mail to such elector who has
14included with said application a statement that he or she is
15unable to vote during the regular absentee balloting period by
16reason of living or performing military service in an extremely
17remote or isolated area of the world, and not later than forty-
18five days prior to the day of the primary or election commence
19to deliver or mail to all other such electors as provided for in
20section 1301, subsections (a) to (h), inclusive, official
21absentee ballots or special write-in absentee ballots as
22prescribed by subsection (d) of section 1303 when official
23absentee ballots are not yet printed; as additional applications
24of such electors are received, the board shall deliver or mail
25official absentee ballots or special write-in absentee ballots
26when official absentee ballots are not yet printed to such
27additional electors within forty-eight hours after approval of
28their application. If the calling of a special election would
29make it impossible to comply with the forty-five day delivery or
30mailing requirement of this section, then the county board of

1elections shall mail absentee ballots or special write-in
2absentee ballots within five days of the county board's receipt
3of the information necessary to prepare said ballots.

4(b) The county board of elections upon receipt and approval
5of an application filed by any elector qualified in accordance
6with the provisions of section 1301, subsections (i) to (l),
7inclusive, shall commence to deliver or mail official absentee
8ballots on the second Tuesday prior to the primary or election.
9[For those applicants whose proof of identification was not 
10provided with the application or could not be verified by the 
11board, the board shall send the notice required under section 
121302.2(d) with the absentee ballot.] As additional applications
13are received and approved, the board shall deliver or mail
14official absentee ballots to such additional electors within
15forty-eight hours.

16[(c) Notwithstanding the provisions of this section, a
17qualified absentee elector shall not be required to provide
18proof of identification if the elector is entitled to vote by
19absentee ballot under the Uniformed and Overseas Citizens
20Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
21alternative ballot under the Voting Accessibility for the
22Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

23Section 1308. Canvassing of Official Absentee Ballots.--* *
24*

25(g) * * *

26(2) The county board of elections shall meet on the eighth
27day following the election to canvass the absentee ballots
28received under this subsection [and subsection (h)(2)]. One
29authorized representative of each candidate in an election and
30one representative from each political party shall be permitted

1to remain in the room in which the absentee ballots are
2canvassed. Representatives shall be permitted to challenge any
3absentee elector in accordance with the provisions of paragraph
4(3).

5(3) When the county board meets to canvass absentee ballots
6under paragraph (2), the board shall examine the declaration on
7the envelope of each ballot not set aside under subsection (d)
8and shall compare the information thereon with that contained in
9the "Registered Absentee Voters File," the absentee voters' list
10and/or the "Military Veterans and Emergency Civilians Absentee
11Voters File," whichever is applicable. If the county board [has 
12verified the proof of identification as required under this act]
13is satisfied that the declaration is sufficient and the
14information contained in the "Registered Absentee Voters File,"
15the absentee voters' list and/or the "Military Veterans and
16Emergency Civilians Absentee Voters File" verifies his right to
17vote, the county board shall announce the name of the elector
18and shall give any candidate representative or party
19representative present an opportunity to challenge any absentee
20elector upon the ground or grounds: (i) that the absentee
21elector is not a qualified elector; or (ii) that the absentee
22elector was within the municipality of his residence on the day
23of the primary or election during the period the polls were
24open, except where he was in the military service or except in
25the case where his ballot was obtained for the reason that he
26was unable to appear personally at the polling place because of
27illness or physical disability; or (iii) that the absentee
28elector was able to appear personally at the polling place on
29the day of the primary or election during the period the polls
30were open in the case his ballot was obtained for the reason

1that he was unable to appear personally at the polling place
2because of illness or physical disability. Upon challenge of any
3absentee elector, as set forth herein, the board shall mark
4"challenged" on the envelope together with the reasons therefor,
5and the same shall be set aside unopened pending final
6determination of the challenge according to the procedure
7described in paragraph (5).

8* * *

9[(h) For those absentee ballots for which proof of
10identification has not been received or could not be verified:

11(1) If the proof of identification is received and verified
12by the county board of elections prior to the distribution of
13the absentee ballots to the local election districts, then the
14county shall distribute the absentee ballots for which proof of
15identification is received and verified, along with the other
16absentee ballots, to the absentee voter's respective election
17district. If the county board of elections does not receive or
18is not able to verify the proof of identification for an elector
19prior to the absentee ballots' being sent to the appropriate
20local election districts, the county board shall keep the
21absentee ballot and follow the procedures set forth in paragraph
22(2) or (3), whichever is applicable.

23(2) If the proof of identification is received and verified
24after the absentee ballots have been distributed to the
25appropriate local election districts, but prior to the sixth
26calendar day following the election, then the county board of
27elections shall canvass the absentee ballots under this
28subsection in accordance with subsection (g)(2), unless the
29elector appeared to vote at the proper polling place for the
30purpose of casting a ballot, then the absentee ballot cast by

1that elector shall be declared void.

2(3) If an elector fails to provide proof of identification
3that can be verified by the county board of elections by the
4sixth calendar day following the election, then the absentee
5ballot shall not be counted.

6(i) Notwithstanding the provisions of this section, a
7qualified absentee elector shall not be required to provide
8proof of identification if the elector is entitled to vote by
9absentee ballot under the Uniformed and Overseas Citizens
10Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
11alternative ballot under the Voting Accessibility for the
12Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

13Section 1309. Public Records.--All official absentee
14ballots, files, applications for such ballots and envelopes on
15which the executed declarations appear, and all information and
16lists are hereby designated and declared to be public records
17and shall be safely kept for a period of two years, except that
18no [proof of identification shall be made public, nor shall]
19information concerning a military elector shall be made public
20which is expressly forbidden by the Department of Defense
21because of military security.

22Section 4. Section 1854 of the act, added March 14, 2012
23(P.L.195, No.18), is repealed:

24[Section 1854. Enforcement.--(a) The Attorney General shall
25have prosecutorial jurisdiction over all violations committed
26under this act.

27(b) The district attorney of any county in which a violation
28has occurred shall have concurrent powers and responsibilities
29with the Attorney General over violations committed under this
30act.]

1Section 5. Repeals are as follows:

2(1) The General Assembly declares that the repeal under
3paragraph (2) is necessary to effectuate the amendment or
4repeal of sections 102, 1210, 1302, 1302.2, 1305, 1308, 1309
5and 1854 of the act.

6(2) Section 10 of the act of March 14, 2012 (P.L.195,
7No.18), entitled "An act amending the act of June 3, 1937
8(P.L.1333, No.320), entitled 'An act concerning elections,
9including general, municipal, special and primary elections,
10the nomination of candidates, primary and election expenses
11and election contests; creating and defining membership of
12county boards of elections; imposing duties upon the
13Secretary of the Commonwealth, courts, county boards of
14elections, county commissioners; imposing penalties for
15violation of the act, and codifying, revising and
16consolidating the laws relating thereto; and repealing
17certain acts and parts of acts relating to elections,' in 
18preliminary provisions, defining "proof of identification"; 
19in the Secretary of the Commonwealth, providing for 
20requirements relating to voter identification; in preparation 
21for and conduct of primaries and elections, further providing 
22for manner of applying to vote, persons entitled to vote, 
23voter's certificates, entries to be made in district 
24register, numbered lists of voters and challenges; in voting 
25by qualified absentee electors, further providing for 
26applications for official absentee ballots, for approval of 
27application for absentee ballot, for delivering or mailing 
28ballots, for canvassing of official absentee ballots and for 
29public records; and providing for enforcement and for a 
30special procedure at certain elections," is repealed.

1Section 6. This act shall take effect immediately.