PRINTER'S NO. 3621
No. 2651 Session of 1996
INTRODUCED BY STABACK, BELARDI, NAILOR, GIGLIOTTI, LAUGHLIN,
MELIO, ROBINSON, DeLUCA, SHANER, BELFANTI, COLAIZZO,
CALTAGIRONE, VAN HORNE, McCALL, CARONE, ROBERTS, BEBKO-JONES,
ITKIN, TIGUE, BROWNE, JOSEPHS, BATTISTO, HERMAN, TRELLO,
PLATTS, CURRY, ROONEY, SURRA, STURLA, DERMODY, SERAFINI,
MERRY, JAMES, BOSCOLA AND STEELMAN, MAY 23, 1996
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 23, 1996
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 date of application for
12 absentee ballot and for canvassing of official absentee
13 ballots.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 1302.1 and 1308(a) of the act of June 3,
17 1937 (P.L.1333, No.320), known as the Pennsylvania Election
18 Code, amended December 11, 1968 (P.L.1183, No.375), are amended
19 to read:
20 Section 1302.1. Date of Application for Absentee Ballot.--
21 (a) (1) Applications for absentee ballots unless otherwise
1 specified in clause (2) or (3) shall be received in the office
2 of the county board of elections not earlier than fifty (50)
3 days before the primary or election and not later than five
4 o'clock P.M. of the first Tuesday prior to the day of any
5 primary or election[: Provided, however, That in].
6 (2) In the event any elector otherwise qualified who is so
7 physically disabled or ill on or before the first Tuesday prior
8 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 shall be entitled to an absentee ballot at any time prior to
13 four o'clock P.M. on the Monday immediately preceding any
14 primary or election upon execution of an Emergency Application
15 in such form prescribed by the Secretary of the Commonwealth.
16 (3) Any other elector otherwise qualified who because of the
17 conduct of his business, duties or occupation will necessarily
18 be absent from the State or county of his residence on the day
19 of the primary or election, which fact was not and could not
20 reasonably be known to said elector on or before the first
21 Tuesday prior to any primary or election, shall be entitled to
22 an absentee ballot at any time prior to five o'clock P.M. on the
23 first Friday preceding any primary or election upon execution of
24 an Emergency Application in such form prescribed by the
25 Secretary of the Commonwealth.
26 (b) (1) In the case of an elector who is physically
27 disabled or ill on or before the first Tuesday prior to a
28 primary or election or becomes physically disabled or ill after
29 the first Tuesday prior to a primary or election, such Emergency
30 Application shall contain a supporting affidavit from his
19960H2651B3621 - 2 -
1 attending physician stating that due to physical disability or
2 illness said elector was unable to apply for an absentee ballot
3 on or before the first Tuesday prior to the primary or election
4 or became physically disabled or ill after that period.
5 (2) Notwithstanding the limitations contained in clause (2)
6 of subsection (a) and in clause (1) of this subsection, the
7 court of common pleas may, upon petition of a qualified elector
8 who becomes physically disabled or ill after the application
9 deadlines in clause (2) of subsection (a) and accompanied by an
10 affidavit of the attending physician of such elector stating
11 that the elector's disability or illness arose after the
12 deadlines in clause (2) of subsection (a), order the county
13 board of elections to permit such elector to vote by absentee
14 ballot on the date of the election and to immediately issue the
15 appropriate absentee ballot to such elector. Any absentee ballot
16 cast under the provisions of this clause shall not be subject to
17 sections 1302.2 and 1306 and shall be tallied at the county
18 board of elections and the votes added to the appropriate
19 election district or precinct at the time of the official ballot
20 count.
21 (c) In the case of an elector who is necessarily absent
22 because of the conduct of his business, duties or occupation
23 under the unforeseen circumstances specified in this subsection,
24 such Emergency Application shall contain a supporting affidavit
25 from such elector stating that because of the conduct of his
26 business, duties or occupation said elector will necessarily be
27 absent from the State or county of his residence on the day of
28 the primary or election which fact was not and could not
29 reasonably be known to said elector on or before the first
30 Tuesday prior to the primary or election.
19960H2651B3621 - 3 -
1 Section 1308. Canvassing of Official Absentee Ballots.--
2 (a) [The] (1) Except as provided in clause (3), the county
3 boards of election, upon receipt of official absentee ballots in
4 such envelopes, shall safely keep the same in sealed or locked
5 containers until they distribute same to the appropriate local
6 election districts in a manner prescribed by the Secretary of
7 the Commonwealth.
8 [The] (2) Except as provided in clause (3), the county board
9 of elections shall then distribute the absentee ballots,
10 unopened, to the absentee voter's respective election district
11 concurrently with the distribution of the other election
12 supplies. Absentee ballots shall be canvassed immediately and
13 continuously without interruption until completed after the
14 close of the polls on the day of the election in each election
15 district. The results of the canvass of the absentee ballots
16 shall then be included in and returned to the county board with
17 the returns of that district. No absentee ballot shall be
18 counted which is received in the office of the county board of
19 election later than five o'clock P. M. on the Friday immediately
20 preceding the primary or November election.
21 (3) Any absentee ballot cast under the provisions of clause
22 (2) of subsection (b) of section 1302.1 shall be safely kept in
23 a sealed or locked container until the absentee ballots are
24 counted at the time of the official ballot count.
25 * * *
26 Section 2. This act shall take effect immediately.
E6L25WMB/19960H2651B3621 - 4 -