PRINTER'S NO. 1011
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
857
Session of
2023
INTRODUCED BY BREWSTER, KEARNEY, STREET, FONTANA, KANE, COSTA,
DILLON, CAPPELLETTI, SAVAL AND COLLETT, JULY 6, 2023
REFERRED TO STATE GOVERNMENT, JULY 6, 2023
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in voting by qualified absentee electors, further
providing for voting by absentee electors and for canvassing
of official absentee ballots and mail-in ballots; and, in
voting by qualified mail-in electors, further providing for
voting by mail-in electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1306(a) introductory paragraph and (c),
1308(g)(1) and 1306-D(a) and (c) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, are
amended to read:
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before eight o'clock P.M.
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the day of the primary or election, the elector shall, in
secret, proceed to mark the ballot only in black lead pencil,
indelible pencil or blue, black or blue-black ink, in fountain
pen or ball point pen, and then fold the ballot, enclose and
securely seal the same in the envelope on which is printed,
stamped or endorsed "Official Election Ballot." This envelope
shall then be placed in the second one, on which is printed the
form of declaration of the elector, and the address of the
elector's county board of election and the local election
district of the elector. The elector shall then fill out[, date]
and sign the declaration printed on such envelope. Such envelope
shall then be securely sealed and the elector shall send same by
mail, postage prepaid, except where franked, or deliver it in
person to said county board of election.
* * *
(c) Except as provided under 25 Pa.C.S. ยง 3511 (relating to
receipt of voted ballot), a completed absentee ballot must be
received in the office of the county board of elections no later
than eight o'clock P.M. on the day of the primary or election.
The following absentee ballots shall be presumed to have been
timely received under this subsection and counted if they are
otherwise valid under law:
(1) a bsentee ballots received by the county board of
elections by eight o'clock P.M. on the day of the primary or
election ;
(2) a bsentee ballots mailed via the United States Postal
Service and postmarked by eight o'clock P.M. on the day of the
primary or election ; and
(3) a bsentee ballots received by the county board of
elections by eight o'clock P.M. on the day of the primary or
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election that lack a postmark or other proof of mailing or for
which the postmark or other proof of mailing is illegible,
unless a preponderance of the evidence demonstrates that the
ballots were mailed after eight o'clock P.M. on the day of the
primary or election.
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) (1) (i) An absentee ballot cast by any absentee
elector as defined in section 1301(a), (b), (c), (d), (e), (f),
(g) and (h) shall be canvassed in accordance with this
subsection if the ballot is cast, submitted and received in
accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
uniform military and overseas voters).
(ii) An absentee ballot cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
absentee ballot under section 1302(a.3) or a mail-in ballot cast
by a mail-in elector shall be canvassed in accordance with this
subsection if the absentee ballot or mail-in ballot is received
in the office of the county board of elections no later than
eight o'clock P.M. on the day of the primary or election. The
following absentee and mail-in ballots shall be presumed to have
been timely received under this subparagraph and counted if they
are otherwise valid under law:
(A) a bsentee and mail-in ballots received by the county
board of elections by eight o'clock P.M. on the day of the
primary or election ;
(B) a bsentee and mail-in ballots mailed via the United
States Postal Service and postmarked by eight o'clock P.M. on
the day of the primary or election ; and
(C) a bsentee and mail-in ballots received by the county
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board of elections by eight o'clock P.M. on the day of the
primary or election that lack a postmark or other proof of
mailing or for which the postmark or other proof of mailing is
illegible, unless a preponderance of the evidence demonstrates
that the ballots were mailed after eight o'clock P.M. on the day
of the primary or election.
* * *
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in elector shall, in secret,
proceed to mark the ballot only in black lead pencil, indelible
pencil or blue, black or blue-black ink, in fountain pen or ball
point pen, and then fold the ballot, enclose and securely seal
the same in the envelope on which is printed, stamped or
endorsed "Official Election Ballot." This envelope shall then be
placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
county board of election and the local election district of the
elector. The elector shall then fill out[, date] and sign the
declaration printed on such envelope. Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election.
* * *
(c) Deadline.--Except as provided under 25 Pa.C.S. ยง 3511
(relating to receipt of voted ballot), a completed mail-in
ballot must be received in the office of the county board of
elections no later than eight o'clock P.M. on the day of the
primary or election. The following mail-in ballots shall be
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presumed to have been timely received under this subsection and
counted if they are otherwise valid under law:
(1) m ail-in ballots received by the county board of
elections by eight o'clock P.M. on the day of the primary or
election ;
(2) m ail-in ballots mailed via the United States Postal
Service and postmarked by eight o'clock P.M. on the day of
the primary or election ; and
(3) mail-in ballots received by the county board of
elections by eight o'clock P.M. on the day of the primary or
election that lack a postmark or other proof of mailing or
for which the postmark or other proof of mailing is
illegible, unless a preponderance of the evidence
demonstrates that the ballots were mailed after eight o'clock
P.M. on the day of the primary or election.
Section 2. This act shall take effect immediately.
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