PRINTER'S NO. 2358

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1814 Session of 1983


        INTRODUCED BY CESSAR, GALLEN, OLIVER, DONATUCCI, McINTYRE,
           RIEGER AND COWELL, DECEMBER 14, 1983

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 14, 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," providing that the postage shall be prepaid by
    12     the county board of election for absentee ballots.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 1306(a) of the act of June 3, 1937
    16  (P.L.1333, No.320), known as the Pennsylvania Election Code,
    17  amended December 11, 1968 (P.L.1183, No.375), is amended to
    18  read:
    19     Section 1306.  Voting by Absentee Electors.--(a) At any time
    20  after receiving an official absentee ballot, but on or before
    21  five o'clock P. M. on the Friday prior to the primary or
    22  election, the elector shall, in secret, proceed to mark the


     1  ballot only in black lead pencil, indelible pencil or blue,
     2  black or blue-black ink, in fountain pen or ball point pen, and
     3  then fold the ballot, enclose and securely seal the same in the
     4  envelope on which is printed, stamped or endorsed "Official
     5  Absentee Ballot." This envelope shall then be placed in the
     6  second one, on which is printed the form of declaration of the
     7  elector, and the address of the elector's county board of
     8  election and the local election district of the elector. The
     9  elector shall then fill out, date and sign the declaration
    10  printed on such envelope. Such envelope shall then be securely
    11  sealed and the elector shall send same by mail, postage prepaid
    12  by the elector's county board of election, except where franked,
    13  or deliver it in person to said county board of election:
    14     Provided, however, That any elector, spouse of the elector or
    15  dependent of the elector, qualified in accordance with the
    16  provisions of section 1301, subsections (e), (f), (g) and (h) to
    17  vote by absentee ballot as herein provided, shall be required to
    18  include on the form of declaration a supporting declaration in
    19  form prescribed by the Secretary of the Commonwealth, to be
    20  signed by the head of the department or chief of division or
    21  bureau in which the elector is employed, setting forth the
    22  identity of the elector, spouse of the elector or dependent of
    23  the elector:
    24     Provided further, That any elector who has filed his
    25  application in accordance with section 1302 subsection (e) (2),
    26  and is unable to sign his declaration because of illness or
    27  physical disability, shall be excused from signing upon making a
    28  declaration which shall be witnessed by one adult person in
    29  substantially the following form: I hereby declare that I am
    30  unable to sign my declaration for voting my absentee ballot
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     1  without assistance because I am unable to write by reason of my
     2  illness or physical disability. I have made or received
     3  assistance in making my mark in lieu of my signature.
     4                                     .....................(Mark)
     5  ...................................
     6               (Date)
     7                                 ...............................
     8                                      (Signature of Witness)
     9  ...................................
    10     (Complete Address of Witness)
    11     * * *
    12     Section 2.  This act shall take effect immediately.












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