H0847B0823A00289 LKK:JSL 04/21/23 #90 A00289
AMENDMENTS TO HOUSE BILL NO. 847
Sponsor: REPRESENTATIVE KENYATTA
Printer's No. 823
Amend Bill, page 1, line 11, by inserting after "elections,""
in preliminary provisions, further providing for definitions;
Amend Bill, page 1, line 12, by inserting after "ballot"
, for approval of application for absentee ballot, for envelopes
for official absentee ballots, for voting by absentee
electors
Amend Bill, page 1, line 15, by inserting after "ballot"
, for envelopes for official mail-in ballots and for voting by
mail-in electors
Amend Bill, page 1, lines 20 through 22, by striking out all
of said lines and inserting
Section 1. Section 102(q.1) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(q.1) The word "pre-canvass" shall mean the inspection and
opening of all envelopes containing official absentee ballots or
mail-in ballots, the removal of such ballots from the envelopes
and [the counting, computing and tallying of the votes reflected
on the ballots.] the preparation of those ballots for scanning,
including unfolding, straightening and duplicating if the ballot
is damaged in some way that prevents it from being scanned but
where the voter's intent is still clear. It shall also include
scanning the ballot into a voting machine or other automatic
tabulating device, if the equipment used by the county board of
elections permits a ballot to be scanned without tabulating or
counting the votes on the ballot scanned. The term does not
include the recording or publishing of the votes reflected on
the ballots.
* * *
Section 2. Section 1302.1(a) and (a.3)(1) and (2) of the act
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are amended and the section is amended by adding a subsection to
read:
Amend Bill, page 1, line 25, by inserting a bracket before
"the" where it occurs the first time
Amend Bill, page 1, line 25, by inserting after "the" where
it occurs the first time
] an
Amend Bill, page 2, line 7, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 2, line 14, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 2, line 18, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 2, line 21, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 2, line 30, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 3, line 8, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 3, by inserting between lines 14 and 15
(e) In-person request for absentee ballot.--A qualified
elector may submit an application for an absentee ballot in
person at an office of the county board of elections not later
than five o'clock P.M. of the day prior to the day of a primary
or election and the following process shall apply:
(1) The county board of elections shall immediately
determine the qualifications of the applicant by verifying
the proof of identification and comparing the information
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provided on the application with the information contained on
the applicant's permanent registration card.
(2) If the board is satisfied that the applicant is
qualified to receive an official absentee ballot, the
application shall be marked "approved."
(3) The elector shall receive an official absentee
ballot and the two envelopes for the official absentee
ballot.
(4) The absentee ballot shall be processed in accordance
with the other procedures outlined in this article.
Section 3. Sections 1302.2(c) and 1304 of the act are
amended to read:
Section 1302.2. Approval of Application for Absentee
Ballot.--
* * *
(c) The county board of elections, upon receipt of any
application of a qualified elector required to be registered
under the provisions of preceding section 1301, shall determine
the qualifications of such applicant by verifying the proof of
identification and comparing the information set forth on such
application with the information contained on the applicant's
permanent registration card. If the board is satisfied that the
applicant is qualified to receive an official absentee ballot,
the application shall be marked "approved." Such approval
decision shall be final and binding, except that challenges may
be made only on the ground that the applicant was not a
qualified elector. Such challenges must be made to the county
board of elections [prior to five o'clock p.m. on the Friday]
eight days prior to the election: Provided, however, That a
challenge to an application for an absentee ballot shall not be
permitted on the grounds that the elector used an application
for an absentee ballot instead of an application for a mail-in
ballot or on the grounds that the elector used an application
for a mail-in ballot instead of an application for an absentee
ballot.
* * *
Section 1304. Envelopes for Official Absentee Ballots.--
The county boards of election shall provide two additional
envelopes for each official absentee ballot of such size and
shape as shall be prescribed by the Secretary of the
Commonwealth, in order to permit the placing of one within the
other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall
be printed, stamped or endorsed the words "Official Election
Ballot," and nothing else. On the larger of the two envelopes,
to be enclosed within the mailing envelope, shall be printed the
form of the declaration of the elector, and the name and address
of the county board of election of the proper county. The larger
envelope shall also contain information indicating the local
election district of the absentee voter. Said form of
declaration and envelope shall be as prescribed by the Secretary
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of the Commonwealth and shall contain among other things a
statement of the electors qualifications, together with a
statement that such elector has not already voted in such
primary or election. The mailing envelope addressed to the
elector shall contain the two envelopes, the official absentee
ballot, lists of candidates, when authorized by section 1303
subsection (b) of this act, the uniform instructions in form and
substance as prescribed by the Secretary of the Commonwealth and
nothing else. Use of the inner envelope is at the discretion of
the voter. A failure to use the inner envelope shall not be an
acceptable reason for disqualifying the ballot.
Section 4. Section 1306 of the act is amended by adding a
subsection to read:
Section 1306. Voting by Absentee Electors.--* * *
(d) The date written on the envelope shall be the date the
elector has signed the declaration. Failure to date the envelope
or signing the envelope with a date that is not within the time
period between the date the ballot was received by the voter and
when it was received by the county board of election shall not
disqualify the ballot if the declaration is otherwise properly
executed.
Amend Bill, page 3, line 15, by striking out "2" where it
occurs the first time and inserting
5
Amend Bill, page 3, line 16, by inserting after "amended"
where it occurs the first time
, paragraph (1) is amended by adding a subparagraph
Amend Bill, page 3, by inserting between lines 28 and 29
(iii) For an absentee ballot or mail-in ballot that the
declaration of the elector is unsigned, the county board of
elections shall:
(A) Notify the elector by mail that the ballot will not be
counted unless action is taken by the elector within six days
following the closing of polls on election day. The county board
shall also attempt to notify the elector by email, telephone or
text message.
(B) Direct the elector to either appear before the Board of
Elections to execute an affirmation attesting, under penalty of
perjury, that the elector is the same individual who remitted
the absentee ballot or mail-in ballot, or to provide an
electronic, facsimile or paper copy of the affirmation to the
county board of elections.
Amend Bill, page 4, line 24, by striking out "shall" and
inserting
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may
Amend Bill, page 6, line 7, by inserting after "unsigned"
, wrongly dated
Amend Bill, page 6, line 21, by striking out "3" and
inserting
5
Amend Bill, page 7, line 3, by striking out "fourteenth" and
inserting
eleventh
Amend Bill, page 7, line 7, by striking out "the" where it
occurs the first time and inserting
an
Amend Bill, page 7, line 8, by striking out "first Tuesday"
and inserting
day
Amend Bill, page 7, by inserting between lines 21 and 22
Section 6. Sections 1304-D and 1306-D of the act are amended
by adding subsections to read:
Section 1304-D. Envelopes for official mail-in ballots.
* * *
(e) Inner envelope.--Use of the inner envelope is at the
discretion of the voter. A failure to use the inner envelope
shall not be an acceptable reason for disqualifying the ballot.
Section 1306-D. Voting by mail-in electors.
* * *
(d) Date.--The date written on the envelope shall be the
date the elector has signed the declaration. Failure to date the
envelope or signing the envelope with a date that is not within
the time period between the date the ballot was received by the
voter and when it was received by the county board of election
shall not disqualify the ballot if the declaration is otherwise
properly executed.
Amend Bill, page 7, line 22, by striking out "4" and
inserting
7
Amend Bill, page 8, line 4, by striking out "5" and inserting
8
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