PRIOR PRINTER'S NOS. 1026, 1964 PRINTER'S NO. 2058
No. 902 Session of 1983
INTRODUCED BY ITKIN, McVERRY, DAWIDA, COWELL, PISTELLA, VAN HORNE, MARKOSEK, TRELLO, OLASZ, DeLUCA AND PRESTON, MAY 2, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 26, 1983
AN ACT <-- A JOINT RESOLUTION <-- 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 for 12 certain county employees and for the delivery and mailing of 13 ballots. 14 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE COMMONWEALTH <-- 15 OF PENNSYLVANIA, FURTHER PROVIDING FOR ABSENTEE BALLOTS. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts RESOLVES as follows: <-- 18 Section 1. Section 102(w) of the act of June 3, 1937 <-- 19 (P.L.1333, No.320), known as the Pennsylvania Election Code, is 20 amended by adding a subclause to read: 21 Section 102. Definitions.--The following words, when used in 22 this act, shall have the following meanings, unless otherwise 23 clearly apparent from the context:
1 * * * 2 (w) The words "qualified absentee elector" shall mean: 3 * * * 4 (13) Any qualified, registered and enrolled elector who is a 5 county employee and whose duties in connection with election day 6 prevent him from voting. 7 * * * 8 Section 2. Section 1301(k) and (l) of the act, (k) amended 9 December 6, 1972 (P.L.1405, No.301), are amended and a clause is 10 added to read: 11 Section 1301. Qualified Absentee Electors.--The following 12 persons shall be entitled to vote by an official absentee ballot 13 in any primary or election held in this Commonwealth in the 14 manner hereinafter provided: 15 * * * 16 (k) Any qualified registered and enrolled elector who because 17 of illness or physical disability is unable to attend his 18 polling place or operate a voting machine and secure assistance 19 by distinct and audible statement as required in section 1218 of 20 this act; or 21 (l) Any qualified registered and enrolled elector who is a 22 spouse or dependent accompanying a person employed in the 23 service of this Commonwealth or in the service of the Federal 24 Government within the territorial limits of the several States 25 of the United States and the District of Columbia in the event 26 the duties, profession or occupation of such person require him 27 to be absent from the Commonwealth or county of his 28 residence[:]; or 29 (m) Any qualified registered and enrolled elector who is a 30 county employe and whose duties in connection with election day 19830H0902B2058 - 2 -
1 prevent him from voting: 2 * * * 3 Section 3. Section 1302(e) of the act, amended May 7, 1982 4 (P.L.393, No.114), is amended to read: 5 Section 1302. Applications for Official Absentee Ballots.--- 6 * * * 7 (e) (1) Any qualified bedridden or hospitalized veteran 8 absent from the State or county of his residence and unable to 9 attend his polling place because of such illness or physical 10 disability, regardless of whether he is registered or enrolled, 11 may apply at any time before any primary or election for an 12 official absentee ballot on any official county board of 13 election form addressed to the Secretary of the Commonwealth of 14 Pennsylvania or the county board of elections of the county in 15 which his voting residence is located. 16 (2) The application shall contain the following information: 17 Residence at the time of becoming bedridden or hospitalized, 18 length of time a citizen, length of residence in Pennsylvania, 19 date of birth, length of time a resident in voting district, 20 voting district if known, party choice in case of primary, name 21 and address of present residence or hospital at which 22 hospitalized. When such application is received by the Secretary 23 of the Commonwealth, it shall be forwarded to the proper county 24 board of elections. 25 (3) The application for an official absentee ballot for any 26 primary or election shall be made on information supplied over 27 the signature of the bedridden or hospitalized veteran as 28 required in the preceding subsection. Any qualified registered 29 elector, including a spouse or dependent referred to in 30 subsection (l) of section 1301, who expects to be or is absent 19830H0902B2058 - 3 -
1 from the Commonwealth or county of his residence because his 2 duties, occupation or business require him to be elsewhere on 3 the day of any primary or election and any qualified registered 4 elector who is unable to attend his polling place on the day of 5 any primary or election because of illness or physical 6 disability, or is prevented from voting because of election day 7 duties, in the case of a county employe, and any qualified 8 registered bedridden or hospitalized veteran in the county of 9 residence, may apply to the county board of elections of the 10 county in which his voting residence is located for an Official 11 Absentee Ballot. Such application shall be made upon an official 12 application form supplied by the county board of elections. Such 13 official application form shall be determined and prescribed by 14 the Secretary of the Commonwealth of Pennsylvania. 15 [(1)] (4) The application of any qualified registered 16 elector, including spouse or dependent referred to in subsection 17 (l) of section 1301, who expects to be or is absent from the 18 Commonwealth or county of his residence because his duties, 19 occupation or business require him to be elsewhere on the day of 20 any primary or election, or who can not vote because of election 21 day duties, in the case of a county employe, shall be signed by 22 the applicant and shall include the surname and christian name 23 or names of the applicant, his occupation, date of birth, length 24 of time a resident in voting district, voting district if known, 25 place of residence, post office address to which ballot is to be 26 mailed, the reason for his absence, and such other information 27 as shall make clear to the county board of elections the 28 applicant's right to an official absentee ballot. 29 [(2)] (5) The application of any qualified registered 30 elector who is unable to attend his polling place on the day of 19830H0902B2058 - 4 -
1 any primary or election because of illness or physical 2 disability and the application of any qualified registered 3 bedridden or hospitalized veteran in the county of residence 4 shall be signed by the applicant and shall include surname and 5 christian name or names of the applicant, his occupation, date 6 of birth, residence at the time of becoming bedridden or 7 hospitalized, length of time a resident in voting district, 8 voting district if known, place of residence, post office 9 address to which ballot is to be mailed, and such other 10 information as shall make clear to the county board of elections 11 the applicant's right to an official ballot. In addition, the 12 application of such electors shall include a declaration stating 13 the nature of their disability or illness, and the name, office 14 address and office telephone number of their attending 15 physician: Provided, however, That in the event any elector 16 entitled to an absentee ballot under this subsection be unable 17 to sign his application because of illness or physical 18 disability, he shall be excused from signing upon making a 19 statement which shall be witnessed by one adult person in 20 substantially the following form: I hereby state that I am 21 unable to sign my application for an absentee ballot without 22 assistance because I am unable to write by reason of my illness 23 or physical disability. I have made or have received assistance 24 in making my mark in lieu of my signature. 25 ............................... ......................(Mark) 26 (Date) 27 ............................... ............................ 28 (Complete Address of Witness) (Signature of Witness) 29 * * * 30 Section 4. Section 1305(b) of the act, amended August 13, 19830H0902B2058 - 5 -
1 1963 (P.L.707, No.379), is amended to read: 2 Section 1305. Delivering or Mailing Ballots.-- 3 * * * 4 (b) The county board of elections upon receipt and approval 5 of an application filed by any elector qualified in accordance 6 with the provisions of section 1301, subsections (i) to [(l)] 7 (m), inclusive, shall commence to deliver or mail official 8 absentee ballots on the second Tuesday prior to the primary or 9 election. As additional applications are received and approved, 10 the board shall deliver or mail official absentee ballots to 11 such additional electors within forty-eight hours. 12 Section 5. This act shall take effect in 60 days. 13 SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <-- 14 PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI: 15 THAT SECTION 14, ARTICLE VII BE AMENDED TO READ: 16 § 14. ABSENTEE VOTING. 17 THE LEGISLATURE SHALL, BY GENERAL LAW, PROVIDE A MANNER IN 18 WHICH, AND THE TIME AND PLACE AT WHICH, QUALIFIED ELECTORS WHO 19 MAY, ON THE OCCURRENCE OF ANY ELECTION, BE ABSENT FROM THE STATE 20 OR COUNTY OF THEIR RESIDENCE, BECAUSE THEIR DUTIES, OCCUPATION 21 OR BUSINESS REQUIRE THEM TO BE ELSEWHERE OR WHO, ON THE 22 OCCURRENCE OF ANY ELECTION, ARE UNABLE TO ATTEND AT THEIR PROPER 23 POLLING PLACES BECAUSE OF ILLNESS OR PHYSICAL DISABILITY OR WHO 24 CAN NOT VOTE BECAUSE OF ELECTION DAY DUTIES, IN THE CASE OF A 25 COUNTY EMPLOYE, MAY VOTE, AND FOR THE RETURN AND CANVASS OF 26 THEIR VOTES IN THE ELECTION DISTRICT IN WHICH THEY RESPECTIVELY 27 RESIDE. D21L25DGS/19830H0902B2058 - 6 -