PRINTER'S NO. 582
No. 529 Session of 1987
INTRODUCED BY WENGER, HESS AND ARMSTRONG, MARCH 10, 1987
REFERRED TO STATE GOVERNMENT, MARCH 10, 1987
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 certain applications for
12 official absentee ballots, for absentee electors files and
13 lists and for canvassing of official absentee ballots.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 1302.2(a), (b), (c) and (e), 1302.3(a)
17 and (b), 1306(b), 1307(b) and 1308(e) of the act of June 3, 1937
18 (P.L.1333, No.320), known as the Pennsylvania Election Code,
19 amended December 11, 1968 (P.L.1183, No.375), are amended to
20 read:
21 Section 1302.2. Approval of Application for Absentee
22 Ballot.--
23 (a) The county board of elections, upon receipt of any
1 application filed by a qualified elector not required to be
2 registered under preceding section 1301, shall ascertain from
3 the information on such application, district register or from
4 any other source that such applicant possesses all the
5 qualifications of a qualified elector other than being
6 registered or enrolled. If the board is satisfied that the
7 applicant is qualified to receive an official absentee ballot,
8 the application shall be marked approved such approval decision
9 shall be final and binding except that challenges may be made
10 only on the ground that the applicant did not possess
11 qualifications of an absentee elector. Such challenges must be
12 made to the county board of elections prior to 5:00 o'clock P.
13 M. on the first Friday prior to the election. When so approved,
14 the county board of elections shall cause the applicant's name
15 and residence (and at a primary, the party enrollment) to be
16 [inserted in] placed on the Military, Veterans and Emergency
17 Civilians Absentee Voters [File] List as provided in section
18 1302.3, subsection (b): Providing, however, That no application
19 of any qualified elector in military service shall be rejected
20 for failure to include on his application any information if
21 such information may be ascertained within a reasonable time by
22 the county board of elections.
23 (b) The county board of elections, upon receipt of any
24 application filed by a qualified elector who is entitled, under
25 the provisions of the Permanent Registration Law as now or
26 hereinafter enacted by the General Assembly, to absentee
27 registration prior to or concurrently with the time of voting as
28 provided under preceding section 1301, shall ascertain from the
29 information on such application or from any other source that
30 such applicant possesses all the qualifications of a qualified
19870S0529B0582 - 2 -
1 elector. If the board is satisfied that the applicant is
2 entitled, under the provisions of the Permanent Registration Law
3 as now or hereinafter enacted by the General Assembly, to
4 absentee registration prior to or concurrently with the time of
5 voting and 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 prior to or concurrently with the time of voting. Such
11 challenges must be made to the county board of elections prior
12 to 5:00 o'clock P. M. on the first Friday prior to the election.
13 When so approved, the county board of elections shall cause the
14 applicant's name and residence (and at a primary, the party
15 enrollment) to be [inserted in] placed on the Military, Veterans
16 and Emergency Civilian Absentee Voters [File] List as provided
17 in section 1302.3 subsection (b).
18 (c) The county board of elections, upon receipt of any
19 application of a qualified elector required to be registered
20 under the provisions of preceding section 1301, shall determine
21 the qualifications of such applicant by comparing the
22 information set forth on such application with the information
23 contained on the applicant's permanent registration card. If the
24 board is satisfied that the applicant is qualified to receive an
25 official absentee ballot, the application shall be marked
26 "approved." Such approval decision shall be final and binding,
27 except that challenges may be made only on the ground that the
28 applicant did not possess the qualifications of an absentee
29 elector. Such challenges must be made to the county board of
30 elections prior to 5:00 o'clock P. M. on the first Friday prior
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1 to the election. When so approved, the registration commission
2 shall cause an absentee voter's temporary registration card to
3 be inserted in the district register on top of and along with
4 the permanent registration card. The absentee voter's temporary
5 registration card shall be in the color and form prescribed in
6 subsection (e) of this section:
7 Provided, however, That the duties of the county boards of
8 elections and the registration commissions with respect to the
9 insertion of the absentee voter's temporary registration card of
10 any elector from the district register as set forth in section
11 1302.2 shall include only such applications and emergency
12 applications as are received on or before the first Tuesday
13 prior to the primary or election. In all cases where
14 applications are received after the first Tuesday prior to the
15 primary or election and before five o'clock P. M. on the first
16 Friday prior to the primary or election, the county board of
17 elections shall determine the qualifications of such applicant
18 by comparing the information set forth on such application with
19 the information contained on the applicant's duplicate
20 registration card on file in the General Register (also referred
21 to as the Master File) in the office of the Registration
22 Commission and shall cause the name and residence (and at
23 primaries, the party enrollment) to be inserted [in] on the
24 Military, Veterans and Emergency Civilian Absentee Voters [File]
25 List as provided in section 1302.3, subsection (b). In addition,
26 the local district boards of elections shall, upon canvassing
27 the official absentee ballots under section 1308, examine the
28 voting check list of the election district of said elector's
29 residence and satisfy itself that such elector did not cast any
30 ballot other than the one properly issued to him under his
19870S0529B0582 - 4 -
1 absentee ballot application. In all cases where the examination
2 of the local district board of elections discloses that an
3 elector did vote a ballot other than the one properly issued to
4 him under the absentee ballot application, the local district
5 board of elections shall thereupon cancel said absentee ballot
6 and said elector shall be subject to the penalties as
7 hereinafter set forth.
8 * * *
9 (e) The absentee voter's temporary registration card shall be
10 [in duplicate and] the same size as the permanent registration
11 card, in a different and contrasting color to the permanent
12 registration card and shall contain [the] space appropriately
13 marked to fill in an absentee voter's name and address and shall
14 conspicuously contain the words "Absentee Voter." Such card
15 shall also contain the affidavit required by subsection (b) of
16 section 1306.
17 Section 1302.3. Absentee Electors Files and Lists.--(a) The
18 county board of elections shall maintain at its office [a file
19 containing the duplicate absentee voter's temporary registration
20 cards] a list of every registered elector to whom an absentee
21 ballot has been sent. Such [duplicate absentee voter's temporary
22 registration cards] list shall be [filed] maintained by election
23 districts. [and within each election district in exact
24 alphabetical order and indexed.] The [registration cards so
25 filed] list shall constitute the Registered Absentee Voters
26 [File] List for the Primary or Election of (date of primary or
27 election) and shall be kept on file for a period commencing the
28 Tuesday prior to the day of the primary or election until the
29 day following the primary or election or the day the county
30 board of elections certifies the returns of the primary or
19870S0529B0582 - 5 -
1 election, whichever date is later. Such [file] list shall be
2 open to public inspection at all times subject to reasonable
3 safeguards, rules and regulations.
4 (b) The county board of elections shall post in a
5 conspicuous public place at its office a master list arranged in
6 alphabetical order by election districts setting forth the name
7 and residence, and at primaries, the party enrollment, of (1)
8 every military elector to whom an absentee ballot is being sent,
9 each such name to be prefixed with an "M"; (2) every bedridden
10 or hospitalized veteran outside the county of his residence who
11 is not registered and to whom an absentee ballot is being sent,
12 each such name to be prefixed with a "V"; and (3) every
13 registered elector who has filed his application for an absentee
14 ballot too late for the extraction of his original registration
15 card and to whom a ballot is being sent and every qualified
16 elector who has filed his application for an absentee ballot and
17 is entitled, under provisions of the Permanent Registration Law
18 as now or hereinafter enacted by the General Assembly, to
19 absentee registration prior to or concurrently with the time of
20 voting, each such name to be prefixed with a "C." This list
21 shall be known as the Military, Veterans and Emergency Civilians
22 Absentee Voters [File] List for the Primary or Election of (date
23 of primary or election) and shall be posted for a period
24 commencing the Tuesday prior to the day of the primary or
25 election until the day following the primary or election or the
26 day on which the county board of elections certifies the returns
27 of the primary or election, whichever date is later. Such [file]
28 list shall be open to public inspection at all times subject to
29 reasonable safeguards, rules and regulations. This posted list
30 shall not contain any military address or references to any
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1 military organization. Upon written request, the county board
2 shall furnish a copy of such list to any candidate or party
3 county chairman.
4 * * *
5 Section 1306. Voting by Absentee Electors.--* * *
6 (b) In the event that any such elector, excepting an elector
7 in military service or any elector unable to go to his polling
8 place because of illness or physical disability, entitled to
9 vote an official absentee ballot shall be in the county of his
10 residence on the day for holding the primary or election for
11 which the ballot was issued, or in the event any such elector
12 shall have recovered from his illness or physical disability
13 sufficiently to permit him to present himself at the proper
14 polling place for the purpose of casting his ballot, such
15 absentee ballot cast by such elector shall, be declared void.
16 Any such elector referred to in this subsection, who is
17 within the county of his residence must present himself at his
18 polling place and, shall be permitted to vote upon presenting
19 himself at his regular polling place in the same manner as he
20 could have voted had he not received an absentee ballot:
21 Provided, That such elector has first presented himself to the
22 judge of elections in his local election district and shall have
23 completed and signed the affidavit on the absentee voter's
24 temporary registration card, which affidavit shall be in
25 substantially the following form:
26 I hereby swear that I am a qualified registered elector who
27 has obtained an absentee ballot, however, I am present in the
28 county of my residence and physically able to present myself at
29 my polling place and therefore request that my absentee ballot
30 be voided.
19870S0529B0582 - 7 -
1 ..............................
2 (Date) (Signature of Elector)
3 .........................................
4 (Local Judge of Elections)
5 An elector who has received an absentee ballot under the
6 emergency application provisions of section 1302.1, and for
7 whom, therefore, no temporary absentee voter's registration card
8 is in the district register, shall sign the aforementioned
9 affidavit in any case, which the local judge of elections shall
10 then cause to be inserted in the district register with the
11 elector's permanent registration card.
12 Section 1307. Certain Electors Voting in Districts of
13 Residence.--* * *
14 (b) Each such application shall be in the form and shall
15 contain the information required by this act together with a
16 statement by the applicant that he has not already voted in the
17 election.
18 The county board of elections shall ascertain from the
19 information on such application or from any other source that
20 such applicant possesses all the qualifications of a qualified
21 elector other than being registered or enrolled. If the board is
22 satisfied that the applicant is qualified to receive an official
23 absentee ballot, the application shall be marked "Approved,"
24 subject to the limitations set out in section 1302.2 of this
25 act. When so approved, the county board of elections shall cause
26 the applicant's name and residence (and at primaries, the party
27 enrollment) to be [inserted in] placed on the "Military,
28 Veterans and Emergency Civilian Absentee Voters [File] List" as
29 provided in section 1302.3 subsection (b).
30 * * *
19870S0529B0582 - 8 -
1 Section 1308. Canvassing of Official Absentee Ballots.--
2 * * *
3 (e) At such time the local election board shall then further
4 examine the declaration on each envelope not so set aside and
5 shall compare the information thereon with that contained in the
6 "Registered Absentee Voters [File] List," the absentee voters'
7 list and the "Military Veterans and Emergency Civilians Absentee
8 Voters [File] List." If the local election board is satisfied
9 that the declaration is sufficient and the information contained
10 in the "Registered Absentee Voters [File] List," the absentee
11 voters' list and the "Military Veterans and Emergency Civilians
12 Absentee Voters [File] List" verifies his right to vote, the
13 local election board shall announce the name of the elector and
14 shall give any watcher present an opportunity to challenge any
15 absentee elector upon the ground or grounds (1) that the
16 absentee elector is not a qualified elector; or (2) that the
17 absentee elector was within the county of his residence on the
18 day of the primary or election during the period the polls were
19 open, except where he was in military service or except in the
20 case where his ballot was obtained for the reason that he was
21 unable to appear personally at the polling place because of
22 illness or physical disability; or (3) that the absentee elector
23 was able to appear personally at the polling place on the day of
24 the primary or election during the period the polls were open in
25 the case his ballot was obtained for the reason that he was
26 unable to appear personally at the polling place because of
27 illness or physical disability. Upon challenge of any absentee
28 elector, as set forth herein the local election board shall mark
29 "challenged" on the envelope together with the reason or reasons
30 therefor, and the same shall be set aside for return to the
19870S0529B0582 - 9 -
1 county board unopened pending decision by the county board and
2 shall not be counted. All absentee ballots not challenged for
3 any of the reasons provided herein shall be counted and included
4 with the general return of paper ballots or voting machines, as
5 the case may be as follows. Thereupon, the local election board
6 shall open the envelope of every unchallenged absentee elector
7 in such manner as not to destroy the declaration executed
8 thereon. All of such envelopes on which are printed, stamped or
9 endorsed the words "Official Absentee Ballot" shall be placed in
10 one or more depositories at one time and said depository or
11 depositories well shaken and the envelopes mixed before any
12 envelope is taken therefrom. If any of these envelopes shall
13 contain any extraneous marks or identifying symbols other than
14 the words "Official Absentee Ballot," the envelopes and the
15 ballots contained therein shall be set aside and declared void.
16 The local election board shall then break the seals of such
17 envelopes, remove the ballots and record the votes in the same
18 manner as district election officers are required to record
19 votes. With respect to the challenged ballots, they shall be
20 returned to the county board with the returns of the local
21 election district where they shall be placed unopened in a
22 secure, safe and sealed container in the custody of the county
23 board until it shall fix a time and place for a formal hearing
24 of all such challenges and notice shall be given where possible
25 to all absentee electors thus challenged and to every attorney,
26 watcher or candidate who made such challenge. The time for the
27 hearing shall not be later than seven (7) days after the date of
28 said challenge. On the day fixed for said hearing, the county
29 board shall proceed without delay to hear said challenges and,
30 in hearing the testimony, the county board shall not be bound by
19870S0529B0582 - 10 -
1 technical rules of evidence. The testimony presented shall be
2 stenographically recorded and made part of the record of the
3 hearing. The decision of the county board in upholding or
4 dismissing any challenge may be reviewed by the court of common
5 pleas of the county upon a petition filed by any person
6 aggrieved by the decision of the county board. Such appeal shall
7 be taken, within two (2) days after such decision shall have
8 been made, whether reduced to writing or not, to the court of
9 common pleas setting forth the objections to the county board's
10 decision and praying for an order reversing same. Pending the
11 final determination of all appeals, the county board shall
12 suspend any action in canvassing and computing all challenged
13 ballots irrespective of whether or not appeal was taken from the
14 county board's decision. Upon completion of the computation of
15 the returns of the county, the votes cast upon the challenged
16 official absentee ballots shall be added to the other votes cast
17 within the county.
18 * * *
19 Section 2. This act shall take effect immediately.
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