PRINTER'S NO. 884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
893
Session of
2021
INTRODUCED BY HANBIDGE, SANCHEZ, SCHWEYER, HILL-EVANS, MATZIE,
ISAACSON, SCHLOSSBERG, HOHENSTEIN, KENYATTA, WEBSTER,
MALAGARI, KINSEY, O'MARA, HOWARD, DELLOSO AND WARREN,
MARCH 15, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 2021
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 preparation for and conduct of primaries and
elections, further providing for assistance in voting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1218 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 1218. Assistance in Voting.--
(a) [No] Except as provided under subsection (a.1), no voter
shall be permitted to receive any assistance in voting at any
[primary or] election, unless there is recorded upon his
registration card his declaration that, by reason of blindness,
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disability, or inability to read or write, he is unable to read
the names on the ballot or on the voting machine labels, or that
he has a physical disability which renders him unable to see or
mark the ballot or operate the voting machine, or to enter the
voting compartment or voting machine booth without assistance,
the exact nature of such condition being recorded on such
registration card[, and unless the election officers are
satisfied that he still suffers from the same condition].
(a.1) (1) Notwithstanding any provision of this act or any
other law or regulation to the contrary, a voter who, due to
blindness, disease or other disability, is physically unable to
enter a polling place where ballots or an electronic voting
system are used at any election may vote without leaving a motor
vehicle.
(2) The following apply:
(i) The regular voting procedures may be modified by the
election officer to the extent necessary to conduct voting under
this subsection.
(ii) If the exact nature of the voter's disability or
condition is not recorded on the voter's registration card, the
voter may provide evidence of a disability or condition in
accordance with guidelines established by the Secretary of the
Commonwealth.
(iii) At least two election officers who are members of
different major political parties shall assist the voter by
providing the necessary ballots at the polling place entrance or
curb, as the case may be.
(iv) After the voter is accepted for voting, the voter shall
mark the ballot and give it to the election officers who shall
deposit it in the ballot box. The voter may request additional
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assistance as provided under subsection (a).
(v) On the voter's request, a person accompanying the voter
shall be permitted to select the voter's ballot and deposit the
ballot in the ballot box or enter the voting compartment or
voting machine booth in accordance with subsection (b).
(b) Any elector who is entitled to receive assistance in
voting under the provisions of this section shall be permitted
by the judge of election to select a person of the elector's
choice to enter the voting compartment or voting machine booth
with him to assist him in voting, such assistance to be rendered
inside the voting compartment or voting machine booth except
that the judge of election, a candidate for election, the
elector's employer or an agent of the employer or an officer or
agent of the elector's union shall not be eligible to assist the
elector.
(c) In every case of assistance under the provisions of this
section, the judge of election shall forthwith enter in writing
in a book to be furnished by the county board of elections, to
be known as the record of assisted voters--(1) the voter's name;
(2) a statement of the facts which entitle him to receive
assistance; and (3) the name of the person furnishing the
assistance. The record of assisted voters shall be returned by
the judge of election to the county board of elections with the
other papers, as hereinafter provided, and said county board
shall permit the same to be examined only upon the written order
of a judge of the court of common pleas: Provided, however, That
such record shall be subject to subpoena to the same extent to
which other election records may be subpoenaed: And provided
further, That the county election board shall permit any
registration commission to examine any records of assisted
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voters without a court order, in order that the registration
commission may ascertain whether electors, who have declared, at
the time of registration, their need for assistance, actually
did receive assistance when voting at any election.
Section 2. This act shall take effect in 60 days.
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