PRINTER'S NO. 868
No. 781 Session of 1983
INTRODUCED BY WIGGINS, BARBER, TRUMAN, OLIVER, DONATUCCI, LEVIN,
CARN, DEAL, GAMBLE, VAN HORNE, FREEMAN, McHALE, COWELL,
HARPER, O'DONNELL, TRELLO, PETRARCA, RICHARDSON, WILLIAMS,
EVANS, BELFANTI, RYBAK, HALUSKA AND McINTYRE, APRIL 13, 1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 13, 1983
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 assistance in voting for
12 certain disabled persons.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1218 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
17 amended to read:
18 Section 1218. Assistance in Voting.--
19 (a) No voter shall be permitted to receive any assistance in
20 voting at any primary or election, unless there is recorded upon
21 his registration card his declaration that, because of
22 illiteracy, he is unable to read the names on the ballot or on
1 the voting machine labels, or that he has a physical disability
2 which renders him unable to see or mark the ballot or operate
3 the voting machine, or to enter the voting compartment or voting
4 machine booth without assistance, the exact nature of such
5 disability being recorded on such registration card, and unless
6 the election officers are satisfied that he still suffers from
7 the same disability. Before he shall be permitted to receive
8 assistance, such voter shall state distinctly and audibly under
9 oath or affirmation, which shall be administered to him by the
10 judge of election, the reason why he requires assistance.
11 (b) Any elector who is entitled to receive assistance in
12 voting under the provisions of this section shall be permitted
13 by the judge of election to select a registered elector of the
14 election district to enter the voting compartment or voting
15 machine booth with him to assist him in voting, such assistance
16 to be rendered inside the voting compartment or voting machine
17 booth.
18 (c) In every case of assistance under the provisions of this
19 section, the judge of election shall forthwith enter in writing
20 in a book to be furnished by the county board of elections, to
21 be known as the record of assisted voters--(1) the voter's name;
22 (2) a statement of the facts which entitle him to receive
23 assistance; and (3) the name of the person furnishing the
24 assistance. The record of assisted voters shall be returned by
25 the judge of election to the county board of elections with the
26 other papers, as hereinafter provided, and said county board
27 shall permit the same to be examined only upon the written order
28 of a judge of the court of common pleas: Provided, however, That
29 such record shall be subject to subpoena to the same extent to
30 which other election records may be subpoenaed: And provided
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1 further, That the county election board shall permit any
2 registration commission to examine any records of assisted
3 voters without a court order, in order that the registration
4 commission may ascertain whether electors, who have declared, at
5 the time of registration, their need for assistance, actually
6 did receive assistance when voting at any election.
7 (d) Notwithstanding subsection (a), any voter who has an
8 obvious incapacitating physical defect or injury shall, upon a
9 verbal declaration to the judge of election, be permitted to
10 have assistance in voting rendered by any person of the voter's
11 choice.
12 Section 2. This act shall take effect immediately.
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