PRIOR PRINTER'S NO. 1193 PRINTER'S NO. 1831
No. 1099 Session of 1993
INTRODUCED BY PESCI, ROBINSON, VEON, FREEMAN, CARONE, HUGHES,
JOSEPHS, KUKOVICH, LEVDANSKY, DeWEESE, GORDNER, MARKOSEK,
GIGLIOTTI, MELIO, VAN HORNE, BELFANTI, PISTELLA, SANTONI,
HANNA, TRELLO, LAUGHLIN, SAURMAN, STURLA, SURRA, ROONEY,
FAJT, STETLER, CAWLEY, RAYMOND, KASUNIC, KAISER, HERMAN,
HALUSKA, STEELMAN, ROEBUCK, ROBERTS, FLICK, TANGRETTI, DRUCE,
COWELL, PLATTS, WOZNIAK AND BELARDI, MARCH 30, 1993
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 11, 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 AUTHORIZING THE FILING OF CERTAIN REPORTS BY FACSIMILE; AND
13 MAKING AN APPROPRIATION.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 1302.1, 1302.2, 1306(a) and 1308(a) of
17 the act of June 3, 1937 (P.L.1333, No.320), known as the
18 Pennsylvania Election Code, amended December 11, 1968 (P.L.1183,
19 No.375), are amended to read:
20 Section 1302.1. Date of Application for Absentee Ballot.--
1 (a) Applications for absentee ballots unless otherwise
2 specified shall be received in the office of the county board of
3 elections not earlier than fifty (50) days before the primary or
4 election and not later than five o'clock P.M. of the first
5 Tuesday prior to the day of any primary or election: Provided,
6 however, That in the event any elector otherwise qualified who
7 is so physically disabled or ill on or before the first Tuesday
8 prior to any primary or election that he is unable to file his
9 application or who becomes physically disabled or ill after the
10 first Tuesday prior to any primary or election and is unable to
11 appear at his polling place or any elector otherwise qualified
12 who because of the conduct of his business, duties or occupation
13 will necessarily be absent from the State or county of his
14 residence on the day of the primary or election, which fact was
15 not and could not reasonably be known to said elector on or
16 before the first Tuesday prior to any primary or election, shall
17 be entitled to an absentee ballot at any time prior to five
18 o'clock P.M. [on the first Friday preceding any] of the day
19 before a primary or election upon execution of an Emergency
20 Application in such form prescribed by the Secretary of the
21 Commonwealth.
22 (b) In the case of an elector who is physically disabled or
23 ill on or before the first Tuesday prior to a primary or
24 election or becomes physically disabled or ill after the first
25 Tuesday prior to a primary or election, such Emergency
26 Application shall contain a supporting affidavit from his
27 attending physician stating that due to physical disability or
28 illness said elector was unable to apply for an absentee ballot
29 on or before the first Tuesday prior to the primary or election
30 or became physically disabled or ill after that period.
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1 (c) In the case of an elector who is necessarily absent
2 because of the conduct of his business, duties or occupation
3 under the unforeseen circumstances specified in this subsection,
4 such Emergency Application shall contain a supporting affidavit
5 from such elector stating that because of the conduct of his
6 business, duties or occupation said elector will necessarily be
7 absent from the State or county of his residence on the day of
8 the primary or election which fact was not and could not
9 reasonably be known to said elector on or before the first
10 Tuesday prior to the primary or election.
11 Section 1302.2. Approval of Application for Absentee
12 Ballot.--
13 (a) The county board of elections, upon receipt of any
14 application filed by a qualified elector not required to be
15 registered under preceding section 1301, shall ascertain from
16 the information on such application, district register or from
17 any other source that such applicant possesses all the
18 qualifications of a qualified elector other than being
19 registered or enrolled. If the board is satisfied that the
20 applicant is qualified to receive an official absentee ballot,
21 the application shall be marked approved such approval decision
22 shall be final and binding except that challenges may be made
23 only on the ground that the applicant did not possess
24 qualifications of an absentee elector. Such challenges must be
25 made to the county board of elections prior to 5:00 o'clock P.
26 M. [on the first Friday prior to the] of the day before the
27 primary or election. When so approved, the county board of
28 elections shall cause the applicant's name and residence (and at
29 a primary, the party enrollment) to be inserted in the Military,
30 Veterans and Emergency Civilians Absentee Voters File as
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1 provided in section 1302.3, subsection (b): Providing, however,
2 That no application of any qualified elector in military service
3 shall be rejected for failure to include on his application any
4 information if such information may be ascertained within a
5 reasonable time by the county board of elections.
6 (b) The county board of elections, upon receipt of any
7 application filed by a qualified elector who is entitled, under
8 the provisions of the Permanent Registration Law as now or
9 hereinafter enacted by the General Assembly, to absentee
10 registration prior to or concurrently with the time of voting as
11 provided under preceding section 1301, shall ascertain from the
12 information on such application or from any other source that
13 such applicant possesses all the qualifications of a qualified
14 elector. If the board is satisfied that the applicant is
15 entitled, under the provisions of the Permanent Registration Law
16 as now or hereinafter enacted by the General Assembly, to
17 absentee registration prior to or concurrently with the time of
18 voting and that the applicant is qualified to receive an
19 official absentee ballot, the application shall be marked
20 "approved." Such approval decision shall be final and binding
21 except that challenges may be made only on the ground that the
22 applicant did not possess the qualifications of an absentee
23 elector prior to or concurrently with the time of voting. Such
24 challenges must be made to the county board of elections prior
25 to 5:00 o'clock P. M. [on the first Friday prior to the] of the
26 day before the primary or election. When so approved, the county
27 board of elections shall cause the applicant's name and
28 residence (and at a primary, the party enrollment) to be
29 inserted in the Military, Veterans and Emergency Civilian
30 Absentee Voters File as provided in section 1302.3 subsection
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1 (b).
2 (c) The county board of elections, upon receipt of any
3 application of a qualified elector required to be registered
4 under the provisions of preceding section 1301, shall determine
5 the qualifications of such applicant by comparing the
6 information set forth on such application with the information
7 contained on the applicant's permanent registration card. If the
8 board is satisfied that the applicant is qualified to receive an
9 official absentee ballot, the application shall be marked
10 "approved." Such approval decision shall be final and binding,
11 except that challenges may be made only on the ground that the
12 applicant did not possess the qualifications of an absentee
13 elector. Such challenges must be made to the county board of
14 elections prior to 5:00 o'clock P. M. [on the first Friday prior
15 to the] of the day before the primary or election. When so
16 approved, the registration commission shall cause an absentee
17 voter's temporary registration card to be inserted in the
18 district register on top of and along with the permanent
19 registration card. The absentee voter's temporary registration
20 card shall be in the color and form prescribed in subsection (e)
21 of this section:
22 Provided, however, That the duties of the county boards of
23 elections and the registration commissions with respect to the
24 insertion of the absentee voter's temporary registration card of
25 any elector from the district register as set forth in section
26 1302.2 shall include only such applications and emergency
27 applications as are received on or before the first Tuesday
28 prior to the primary or election. In all cases where
29 applications are received after the first Tuesday prior to the
30 primary or election and before five o'clock P. M. [on the first
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1 Friday prior to] of the day before the primary or election, the
2 county board of elections shall determine the qualifications of
3 such applicant by comparing the information set forth on such
4 application with the information contained on the applicant's
5 duplicate registration card on file in the General Register
6 (also referred to as the Master File) in the office of the
7 Registration Commission and shall cause the name and residence
8 (and at primaries, the party enrollment) to be inserted in the
9 Military, Veterans and Emergency Civilian Absentee Voters File
10 as provided in section 1302.3, subsection (b). In addition, the
11 local district boards of elections shall, upon canvassing the
12 official absentee ballots under section 1308, examine the voting
13 check list of the election district of said elector's residence
14 and satisfy itself that such elector did not cast any ballot
15 other than the one properly issued to him under his absentee
16 ballot application. In all cases where the examination of the
17 local district board of elections discloses that an elector did
18 vote a ballot other than the one properly issued to him under
19 the absentee ballot application, the local district board of
20 elections shall thereupon cancel said absentee ballot and said
21 elector shall be subject to the penalties as hereinafter set
22 forth.
23 (d) In the event that any application for an official
24 absentee ballot is not approved by the county board of
25 elections, the elector shall be notified immediately to that
26 effect with a statement by the county board of the reasons for
27 the disapproval.
28 (e) The absentee voter's temporary registration card shall
29 be in duplicate and the same size as the permanent registration
30 card, in a different and contrasting color to the permanent
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1 registration card and shall contain the absentee voter's name
2 and address and shall conspicuously contain the words "Absentee
3 Voter." Such card shall also contain the affidavit required by
4 subsection (b) of section 1306.
5 Section 1306. Voting by Absentee Electors.--(a) At any time
6 after receiving an official absentee ballot, but on or before
7 five o'clock P. M. [on the Friday prior to] of the day before
8 the primary or election, the elector shall, in secret, proceed
9 to mark the ballot only in black lead pencil, indelible pencil
10 or blue, black or blue-black ink, in fountain pen or ball point
11 pen, and then fold the ballot, enclose and securely seal the
12 same in the envelope on which is printed, stamped or endorsed
13 "Official Absentee Ballot." This envelope shall then be placed
14 in the second one, on which is printed the form of declaration
15 of the elector, and the address of the elector's county board of
16 election and the local election district of the elector. The
17 elector shall then fill out, date and sign the declaration
18 printed on such envelope. Such envelope shall then be securely
19 sealed and the elector shall send same by mail, postage prepaid,
20 except where franked, or deliver it in person to said county
21 board of election:
22 Provided, however, That any elector, spouse of the elector or
23 dependent of the elector, qualified in accordance with the
24 provisions of section 1301, subsections (e), (f), (g) and (h) to
25 vote by absentee ballot as herein provided, shall be required to
26 include on the form of declaration a supporting declaration in
27 form prescribed by the Secretary of the Commonwealth, to be
28 signed by the head of the department or chief of division or
29 bureau in which the elector is employed, setting forth the
30 identity of the elector, spouse of the elector or dependent of
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1 the elector:
2 Provided further, That any elector who has filed his
3 application in accordance with section 1302 subsection (e) (2),
4 and is unable to sign his declaration because of illness or
5 physical disability, shall be excused from signing upon making a
6 declaration which shall be witnessed by one adult person in
7 substantially the following form: I hereby declare that I am
8 unable to sign my declaration for voting my absentee ballot
9 without assistance because I am unable to write by reason of my
10 illness or physical disability. I have made or received
11 assistance in making my mark in lieu of my signature.
12 .....................(Mark)
13 ...................................
14 (Date)
15 ...............................
16 (Signature of Witness)
17 ...................................
18 (Complete Address of Witness)
19 * * *
20 Section 1308. Canvassing of Official Absentee Ballots.--
21 (a) The county boards of election, upon receipt of official
22 absentee ballots in such envelopes, shall safely keep the same
23 in sealed or locked containers until they distribute same to the
24 appropriate local election districts in a manner prescribed by
25 the Secretary of the Commonwealth.
26 The county board of elections shall then distribute the
27 absentee ballots, unopened, to the absentee voter's respective
28 election district concurrently with the distribution of the
29 other election supplies. Absentee ballots shall be canvassed
30 immediately and continuously without interruption until
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1 completed after the close of the polls on the day of the
2 election in each election district. The results of the canvass
3 of the absentee ballots shall then be included in and returned
4 to the county board with the returns of that district. No
5 absentee ballot shall be counted which is received in the office
6 of the county board of election later than five o'clock P. M.
7 [on the Friday immediately preceding the] of the day before a
8 primary or November election.
9 * * *
10 SECTION 2. SECTION 1628 OF THE ACT, AMENDED JULY 11, 1980 <--
11 (P.L.600, NO.128), IS AMENDED TO READ:
12 SECTION 1628. LATE CONTRIBUTIONS AND INDEPENDENT
13 EXPENDITURES.--
14 ANY CANDIDATE OR POLITICAL COMMITTEE, AUTHORIZED BY A
15 CANDIDATE AND CREATED SOLELY FOR THE PURPOSE OF INFLUENCING AN
16 ELECTION ON BEHALF OF THAT CANDIDATE, WHICH RECEIVES ANY
17 CONTRIBUTION OR PLEDGE OF FIVE HUNDRED DOLLARS ($500) OR MORE,
18 AND ANY PERSON MAKING AN INDEPENDENT EXPENDITURE, AS DEFINED BY
19 THIS ACT, OF FIVE HUNDRED DOLLARS ($500) OR MORE AFTER THE FINAL
20 PRE-ELECTION REPORT HAS BEEN DEEMED COMPLETED SHALL REPORT SUCH
21 CONTRIBUTION, PLEDGE OR EXPENDITURE TO THE APPROPRIATE
22 SUPERVISOR BY TELEGRAM [OR], MAILGRAM OR FACSIMILE. SUCH
23 TELEGRAM [OR], MAILGRAM OR FACSIMILE SHALL BE SENT BY THE
24 CANDIDATE, CHAIRMAN OR TREASURER OF THE POLITICAL COMMITTEE
25 WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT OF THE CONTRIBUTION. IT
26 SHALL BE THE DUTY OF THE SUPERVISOR TO CONFIRM THE SUBSTANCE OF
27 SUCH TELEGRAM [OR], MAILGRAM OR FACSIMILE. ORIGINAL REPORTS
28 SUBMITTED BY FACSIMILE SHALL ALSO BE SENT TO THE APPROPRIATE
29 SUPERVISOR BY REGULAR MAIL WITHIN TWENTY-FOUR (24) HOURS OF
30 RECEIPT OF THE CONTRIBUTION. ANY CANDIDATE IN HIS OWN BEHALF, OR
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1 CHAIRMAN, TREASURER OR CANDIDATE IN BEHALF OF THE POLITICAL
2 COMMITTEE MAY ALSO COMPLY WITH THIS SECTION BY APPEARING
3 PERSONALLY BEFORE SUCH SUPERVISOR AND REPORTING SUCH LATE
4 CONTRIBUTIONS OR PLEDGES.
5 SECTION 3. THE SUM OF $1,000, OR AS MUCH THEREOF AS MAY BE
6 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF STATE FOR
7 THE PURCHASE OF A FACSIMILE MACHINE.
8 Section 2 4. This act shall take effect in 60 days. <--
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