PRINTER'S NO. 973
No. 890 Session of 1993
INTRODUCED BY STEWART, SCHWARTZ, MELLOW, LINCOLN, O'PAKE,
SCANLON, FATTAH, ANDREZESKI, AFFLERBACH, JONES, DAWIDA,
LEWIS, PORTERFIELD, LAVALLE, STAPLETON AND MUSTO,
APRIL 1, 1993
REFERRED TO STATE GOVERNMENT, APRIL 1, 1993
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for absentee ballots.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 1302.1, 1302.2, 1306(a) and 1308(a) of
15 the act of June 3, 1937 (P.L.1333, No.320), known as the
16 Pennsylvania Election Code, amended December 11, 1968 (P.L.1183,
17 No.375), are amended to read:
18 Section 1302.1. Date of Application for Absentee Ballot.--
19 Applications for absentee ballots unless otherwise specified
20 shall be received in the office of the county board of elections
21 not earlier than fifty (50) days before the primary or election
1 and not later than five o'clock P.M. of the first Tuesday prior
2 to the day of any primary or election: Provided, however, That
3 in the event any elector otherwise qualified who is so
4 physically disabled or ill on or before the first Tuesday prior
5 to any primary or election that he is unable to file his
6 application or who becomes physically disabled or ill after the
7 first Tuesday prior to any primary or election and is unable to
8 appear at his polling place or any elector otherwise qualified
9 who because of the conduct of his business, duties or occupation
10 will necessarily be absent from the State or county of his
11 residence on the day of the primary or election, which fact was
12 not and could not reasonably be known to said elector on or
13 before the first Tuesday prior to any primary or election, shall
14 be entitled to an absentee ballot at any time prior to five
15 o'clock P.M. [on the first Friday preceding any] of the day
16 before a primary or election upon execution of an Emergency
17 Application in such form prescribed by the Secretary of the
18 Commonwealth.
19 In the case of an elector who is physically disabled or ill
20 on or before the first Tuesday prior to a primary or election or
21 becomes physically disabled or ill after the first Tuesday prior
22 to a primary or election, such Emergency Application shall
23 contain a supporting affidavit from his attending physician
24 stating that due to physical disability or illness said elector
25 was unable to apply for an absentee ballot on or before the
26 first Tuesday prior to the primary or election or became
27 physically disabled or ill after that period.
28 In the case of an elector who is necessarily absent because
29 of the conduct of his business, duties or occupation under the
30 unforeseen circumstances specified in this subsection, such
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1 Emergency Application shall contain a supporting affidavit from
2 such elector stating that because of the conduct of his
3 business, duties or occupation said elector will necessarily be
4 absent from the State or county of his residence on the day of
5 the primary or election which fact was not and could not
6 reasonably be known to said elector on or before the first
7 Tuesday prior to the primary or election.
8 Section 1302.2. Approval of Application for Absentee
9 Ballot.--
10 (a) The county board of elections, upon receipt of any
11 application filed by a qualified elector not required to be
12 registered under preceding section 1301, shall ascertain from
13 the information on such application, district register or from
14 any other source that such applicant possesses all the
15 qualifications of a qualified elector other than being
16 registered or enrolled. If the board is satisfied that the
17 applicant is qualified to receive an official absentee ballot,
18 the application shall be marked approved such approval decision
19 shall be final and binding except that challenges may be made
20 only on the ground that the applicant did not possess
21 qualifications of an absentee elector. Such challenges must be
22 made to the county board of elections prior to 5:00 o'clock P.
23 M. [on the first Friday prior to the] of the day before the
24 primary or election. When so approved, the county board of
25 elections shall cause the applicant's name and residence (and at
26 a primary, the party enrollment) to be inserted in the Military,
27 Veterans and Emergency Civilians Absentee Voters File as
28 provided in section 1302.3, subsection (b): Providing, however,
29 That no application of any qualified elector in military service
30 shall be rejected for failure to include on his application any
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1 information if such information may be ascertained within a
2 reasonable time by the county board of elections.
3 (b) The county board of elections, upon receipt of any
4 application filed by a qualified elector who is entitled, under
5 the provisions of the Permanent Registration Law as now or
6 hereinafter enacted by the General Assembly, to absentee
7 registration prior to or concurrently with the time of voting as
8 provided under preceding section 1301, shall ascertain from the
9 information on such application or from any other source that
10 such applicant possesses all the qualifications of a qualified
11 elector. If the board is satisfied that the applicant is
12 entitled, under the provisions of the Permanent Registration Law
13 as now or hereinafter enacted by the General Assembly, to
14 absentee registration prior to or concurrently with the time of
15 voting and that the applicant is qualified to receive an
16 official absentee ballot, the application shall be marked
17 "approved." Such approval decision shall be final and binding
18 except that challenges may be made only on the ground that the
19 applicant did not possess the qualifications of an absentee
20 elector prior to or concurrently with the time of voting. Such
21 challenges must be made to the county board of elections prior
22 to 5:00 o'clock P. M. [on the first Friday prior to the] of the
23 day before the primary or election. When so approved, the county
24 board of elections shall cause the applicant's name and
25 residence (and at a primary, the party enrollment) to be
26 inserted in the Military, Veterans and Emergency Civilian
27 Absentee Voters File as provided in section 1302.3 subsection
28 (b).
29 (c) The county board of elections, upon receipt of any
30 application of a qualified elector required to be registered
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1 under the provisions of preceding section 1301, shall determine
2 the qualifications of such applicant by comparing the
3 information set forth on such application with the information
4 contained on the applicant's permanent registration card. If the
5 board is satisfied that the applicant is qualified to receive an
6 official absentee ballot, the application shall be marked
7 "approved." Such approval decision shall be final and binding,
8 except that challenges may be made only on the ground that the
9 applicant did not possess the qualifications of an absentee
10 elector. Such challenges must be made to the county board of
11 elections prior to 5:00 o'clock P. M. [on the first Friday prior
12 to the] of the day before the primary or election. When so
13 approved, the registration commission shall cause an absentee
14 voter's temporary registration card to be inserted in the
15 district register on top of and along with the permanent
16 registration card. The absentee voter's temporary registration
17 card shall be in the color and form prescribed in subsection (e)
18 of this section:
19 Provided, however, That the duties of the county boards of
20 elections and the registration commissions with respect to the
21 insertion of the absentee voter's temporary registration card of
22 any elector from the district register as set forth in section
23 1302.2 shall include only such applications and emergency
24 applications as are received on or before the first Tuesday
25 prior to the primary or election. In all cases where
26 applications are received after the first Tuesday prior to the
27 primary or election and before five o'clock P. M. [on the first
28 Friday prior to] of the day before the primary or election, the
29 county board of elections shall determine the qualifications of
30 such applicant by comparing the information set forth on such
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1 application with the information contained on the applicant's
2 duplicate registration card on file in the General Register
3 (also referred to as the Master File) in the office of the
4 Registration Commission and shall cause the name and residence
5 (and at primaries, the party enrollment) to be inserted in the
6 Military, Veterans and Emergency Civilian Absentee Voters File
7 as provided in section 1302.3, subsection (b). In addition, the
8 local district boards of elections shall, upon canvassing the
9 official absentee ballots under section 1308, examine the voting
10 check list of the election district of said elector's residence
11 and satisfy itself that such elector did not cast any ballot
12 other than the one properly issued to him under his absentee
13 ballot application. In all cases where the examination of the
14 local district board of elections discloses that an elector did
15 vote a ballot other than the one properly issued to him under
16 the absentee ballot application, the local district board of
17 elections shall thereupon cancel said absentee ballot and said
18 elector shall be subject to the penalties as hereinafter set
19 forth.
20 (d) In the event that any application for an official
21 absentee ballot is not approved by the county board of
22 elections, the elector shall be notified immediately to that
23 effect with a statement by the county board of the reasons for
24 the disapproval.
25 (e) The absentee voter's temporary registration card shall
26 be in duplicate and the same size as the permanent registration
27 card, in a different and contrasting color to the permanent
28 registration card and shall contain the absentee voter's name
29 and address and shall conspicuously contain the words "Absentee
30 Voter." Such card shall also contain the affidavit required by
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1 subsection (b) of section 1306.
2 Section 1306. Voting by Absentee Electors.--(a) At any time
3 after receiving an official absentee ballot, but on or before
4 five o'clock P. M. [on the Friday prior to] of the day before
5 the primary or election, the elector shall, in secret, proceed
6 to mark the ballot only in black lead pencil, indelible pencil
7 or blue, black or blue-black ink, in fountain pen or ball point
8 pen, and then fold the ballot, enclose and securely seal the
9 same in the envelope on which is printed, stamped or endorsed
10 "Official Absentee Ballot." This envelope shall then be placed
11 in the second one, on which is printed the form of declaration
12 of the elector, and the address of the elector's county board of
13 election and the local election district of the elector. The
14 elector shall then fill out, date and sign the declaration
15 printed on such envelope. Such envelope shall then be securely
16 sealed and the elector shall send same by mail, postage prepaid,
17 except where franked, or deliver it in person to said county
18 board of election:
19 Provided, however, That any elector, spouse of the elector or
20 dependent of the elector, qualified in accordance with the
21 provisions of section 1301, subsections (e), (f), (g) and (h) to
22 vote by absentee ballot as herein provided, shall be required to
23 include on the form of declaration a supporting declaration in
24 form prescribed by the Secretary of the Commonwealth, to be
25 signed by the head of the department or chief of division or
26 bureau in which the elector is employed, setting forth the
27 identity of the elector, spouse of the elector or dependent of
28 the elector:
29 Provided further, That any elector who has filed his
30 application in accordance with section 1302 subsection (e) (2),
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1 and is unable to sign his declaration because of illness or
2 physical disability, shall be excused from signing upon making a
3 declaration which shall be witnessed by one adult person in
4 substantially the following form: I hereby declare that I am
5 unable to sign my declaration for voting my absentee ballot
6 without assistance because I am unable to write by reason of my
7 illness or physical disability. I have made or received
8 assistance in making my mark in lieu of my signature.
9 .....................(Mark)
10 ...................................
11 (Date)
12 ...............................
13 (Signature of Witness)
14 ...................................
15 (Complete Address of Witness)
16 * * *
17 Section 1308. Canvassing of Official Absentee Ballots.--
18 (a) The county boards of election, upon receipt of official
19 absentee ballots in such envelopes, shall safely keep the same
20 in sealed or locked containers until they distribute same to the
21 appropriate local election districts in a manner prescribed by
22 the Secretary of the Commonwealth.
23 The county board of elections shall then distribute the
24 absentee ballots, unopened, to the absentee voter's respective
25 election district concurrently with the distribution of the
26 other election supplies. Absentee ballots shall be canvassed
27 immediately and continuously without interruption until
28 completed after the close of the polls on the day of the
29 election in each election district. The results of the canvass
30 of the absentee ballots shall then be included in and returned
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1 to the county board with the returns of that district. No
2 absentee ballot shall be counted which is received in the office
3 of the county board of election later than five o'clock P. M.
4 [on the Friday immediately preceding the] of the day before a
5 primary or November election.
6 * * *
7 Section 2. This act shall take effect in 60 days.
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