S0735B0899A01954 LKK:JSL 06/22/21 #90 A01954
AMENDMENTS TO SENATE BILL NO. 735
Sponsor: SENATOR FONTANA
Printer's No. 899
Amend Bill, page 1, line 1, by striking out "an amendment"
and inserting
separate and distinct amendments
Amend Bill, page 1, line 3, by inserting after "electors"
and for method of elections and secrecy in voting
Amend Bill, page 1, line 6, by striking out "amendment" and
inserting
separate and distinct amendments
Amend Bill, page 1, line 7, by striking out "is" and
inserting
are
Amend Bill, page 1, line 8, by striking out all of said line
and inserting
(1) That section 1 of Article VII be amended to read:
Amend Bill, page 3, lines 1 through 23, by striking out all
of said lines and inserting
(2) That section 4 of Article VII be amended to read:
ยง 4. Method of elections; secrecy in voting.
(a) All elections by the citizens shall be by mail-in or
absentee ballot or by such other method as may be prescribed by
law: Provided, That secrecy in voting be preserved.
(b) All voting in elections held on or after two years
following the adoption of this Constitutional amendment shall be
conducted only by mail-in and absentee ballot. The General
Assembly shall, within one year following the adoption of this
amendments, enact legislation establishing the procedure for
voting only by mail and absentee ballot, subject to the
following:
(1) Not sooner than 20 days prior to the date of the
2021/90LKK/SB0735A01954 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
election but not later than 14 days prior to the date of the
election, mailing by nonforwardable mail, postage prepaid, of an
official mail-in ballot to every qualified registered elector in
the county to the elector's voter registration address shall
commence, if the elector has not lost the elector's voting
rights by failure to vote as otherwise required under this
paragraph.
(2) If the elector does not receive daily mail service from
the United States Postal Service, mailing by nonforwardable
mail, postage prepaid, of an official mail-in ballot shall
commence not sooner than 20 days prior to the date of the
election and not later than the 18 days prior to the date of the
election.
(3) For an official ballot to be mailed to addresses outside
this Commonwealth to electors who are not military or overseas
electors, the official ballots may be mailed not sooner than 29
days prior to the date of the election.
(4) If a registered elector modifies or changes the
elector's registration after the deadline for registration
provided by law, the mail-in ballot shall be made available by
nonforwardable mail, at a local board of elections or at another
place designated by law.
(5) For a qualified registered elector who is absent from
the elector's voter registration address by a reason enumerated
by law and unable to retrieve the elector's official mail-in
ballot from that address prior to the election, the elector may
submit an application for an official absentee ballot as
provided by law, which must be received no later than the
deadline provided by law.
(6) For a primary election:
(i) The official mail-in ballot of a party shall be mailed
to each qualified registered elector who is duly registered and
enrolled as a member of a party.
(ii) For a qualified registered elector with no party
affiliation, if the ballot for the primary election provides for
a measure or question, each registered elector shall be mailed a
mail-in ballot limited to those measures or questions for which
the registered elector is eligible to vote.
(7) Official ballots delivered or mailed under this
subsection shall be accompanied by the following warning
conspicuously placed in boldface type:
ANY PERSON WHO, BY USE OR FORCE OR OTHER MEANS, UNDULY
INFLUENCES AN ELECTOR TO VOTE IN ANY PARTICULAR MANNER OR TO
REFRAIN FROM VOTING IS SUBJECT TO CRIMINAL PENALTIES UPON
CONVICTION, INCLUDING IMPRISONMENT OR A FINE, OR BOTH.
(8) A ballot shall be counted only if:
(i) the ballot is returned in the envelope containing the
declaration of the elector;
(ii) the envelope containing the declaration of the elector
is signed by the elector to whom the mail-in or absentee ballot
is issued; and
2021/90LKK/SB0735A01954 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(iii) the signature on the envelope containing the
declaration of the elector is verified by comparing it to the
signature on the elector's registration card.
(9) If an elector to whom a replacement ballot has been
issued has voted more than once, only one ballot cast by that
elector shall be counted.
(10) A qualified registered elector may obtain a replacement
ballot if the ballot is destroyed, spoiled, lost or not received
by the elector. A record of each replacement ballot provided
under this paragraph shall be maintained. Notwithstanding the
deadline for mailing ballots under this section, a replacement
ballot may be mailed, made available at a local board of
elections or another location designated by law in the election
district in which the election is conducted. A replacement
ballot is not required to be mailed after the fifth day before
the date of the election. Replacement ballots shall be issued in
accordance with the following:
(i) To vote a replacement ballot, the elector must complete
and sign a replacement ballot request form, which must include a
signed statement of the elector subject to the penalties for
perjury that the elector's mailed ballot was destroyed, spoiled,
lost or not received by the elector.
(ii) The elector's registration shall be verified, and it
shall be confirmed that the other ballot has not been returned
by the elector.
(iii) If the elector uses more than one, only the first
ballot received shall be counted.
(11) At any location where ballots are issued, at least
three suitable compartments, shelves or tables shall be provided
at which registered electors may mark and return their mail-in
or absentee ballots. The compartments, shelves or tables shall
be arranged in a manner as to ensure that the elector may
conveniently mark the ballot with absolute secrecy. The county
board shall also provide, at any location where ballots are
issued, compartments with accessible voting units, which shall
include any voting device that complies with Federal or State
law. The compartments, shelves or tables under this paragraph
shall be made available during the entire period of time ballots
are issued until the deadline for receipt of absentee and mail-
in ballots.
(12) No earlier than the seventh day prior to the date of
the election, the counting, computing and tallying, but not
recording or publishing of mail-in and absentee ballots shall
commence. There shall be at least 48 hours' public notice of any
meeting at which the counting will occur. One authorized
representative of each candidate in an election and one
representative from each political party shall be permitted to
remain in the room in which the mail-in and absentee ballots are
counted under this section. An individual observing, attending
or participating in the meeting may not disclose the results of
any portion of the meeting prior to the close of the polls.
2021/90LKK/SB0735A01954 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Nonforwardable mail." Mail collected for delivery by the
United States Postal Service which cannot be forwarded or mailed
to an address other than the mailing address inscribed on the
materials mail, notwithstanding whether a change of address has
been received and processed by the United States Postal Service,
and which is conspicuously stamped "DO NOT FORWARD" by the
sender.
Section 3. (a) Upon the first passage by the General
Assembly of these proposed constitutional amendments, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
proposed constitutional amendments, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
these proposed constitutional amendments. The Secretary of the
Commonwealth shall:
(1) Submit the proposed constitutional amendments under
section 1(1) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
Article XI of the Constitution of Pennsylvania and which
occurs at least three months after the proposed
constitutional amendments are passed by the General Assembly.
(2) Submit the proposed constitutional amendments under
section 1(2) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
Article XI of the Constitution of Pennsylvania and which
occurs at least three months after the proposed
constitutional amendments are passed by the General Assembly.
2021/90LKK/SB0735A01954 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
See A01954 in
the context
of SB0735