PRINTER'S NO. 46
No. 67 Session of 1999
INTRODUCED BY TULLI, E. Z. TAYLOR, FARGO, NAILOR, VANCE,
BELARDI, MARSICO, ZUG, ARGALL, ARMSTRONG, BAKER, BARRAR,
BATTISTO, BELFANTI, CLYMER, COY, FLICK, FORCIER, HARHAI,
HARHART, HERSHEY, LEVDANSKY, S. MILLER, PESCI, READSHAW,
ROBINSON, ROSS, RUBLEY, SANTONI, SATHER, SAYLOR, STABACK,
STEVENSON, TRELLO, TRUE, YOUNGBLOOD, ROHRER, B. SMITH, MELIO,
SOLOBAY AND BENNINGHOFF, JANUARY 20, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 20, 1999
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 the powers and duties of
12 the Secretary of the Commonwealth, for absentee ballot
13 applications and for assistance in voting; authorizing the
14 filing of certain reports by facsimile; making an editorial
15 change; and making an appropriation.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
19 No.320), known as the Pennsylvania Election Code, is amended to
20 read:
21 Section 201. Powers and Duties of the Secretary of the
22 Commonwealth.--The Secretary of the Commonwealth shall exercise
1 in the manner provided by this act all powers granted to him by
2 this act, and shall perform all the duties imposed upon him by
3 this act, which shall include the following:
4 (a) To determine, in accordance with the provisions of this
5 act, the forms of nomination petitions and papers, expense
6 accounts and all other forms and records, the form of which he
7 is required to determine under the provisions of this act. The
8 form of nomination petitions and papers shall require a
9 statement as to whether the candidate has ever been convicted
10 of, or pleaded guilty or no contest to, an offense graded higher
11 than a misdemeanor of the first degree.
12 (b) To examine and reexamine voting machines, and to approve
13 or disapprove them for use in this State, in accordance with the
14 provisions of this act.
15 (c) To certify to county boards of elections for primaries
16 and elections the names of the candidates for President and
17 Vice-President of the United States, presidential electors,
18 United States senators, representatives in Congress and all
19 State offices, including senators, representatives, and judges
20 of all courts of record, and delegates and alternate delegates
21 to National Conventions, and members of State committees, and
22 the form and wording of constitutional amendments or other
23 questions to be submitted to the electors of the State at large.
24 (d) To receive and determine, as hereinafter provided, the
25 sufficiency of nomination petitions, certificates and papers of
26 candidates for President of the United States, presidential
27 electors, United States senators, representatives in Congress
28 and all State offices, including senators, representatives and
29 judges of all courts of record, and delegates and alternate
30 delegates to National Conventions and members of State
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1 committees.
2 (e) To receive such reports from county boards of elections
3 as are required by this act, and to demand such additional
4 reports on special matters as he may deem necessary.
5 (f) To receive from county boards of elections the returns of
6 primaries and elections, to canvass and compute the votes cast
7 for candidates and upon questions as required by the provisions
8 of this act; to proclaim the results of such primaries and
9 elections, and to issue certificates of election to the
10 successful candidates at such elections, except in cases where
11 that duty is imposed by law on another officer or board.
12 (g) To perform such other duties as may be prescribed by law.
13 Section 2. Section 1218 of the act, amended February 13,
14 1989 (P.L.1, No.1), is amended to read:
15 Section 1218. Assistance in Voting.--
16 (a) No voter shall be permitted to receive any assistance in
17 voting at any [primary or] election, unless there is recorded
18 upon [his] the voter's registration card [his] a declaration, or
19 unless the voter declares in writing at the polling place, that,
20 by reason of blindness, disability, or inability to read or
21 write, [he] the voter is unable to read the names on the ballot
22 or on the voting machine labels, or that [he] the voter has a
23 physical disability which renders [him] the voter unable to see
24 or mark the ballot or operate the voting machine, or to enter
25 the voting compartment or voting machine booth without
26 assistance, the exact nature of such condition being recorded on
27 such registration card or declaration, and unless the election
28 officers are satisfied that [he] the voter still suffers from
29 the same condition. The declaration completed in the polling
30 place shall be in a form approved by the Secretary of the
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1 Commonwealth, substantially as follows:
2 I, (Name and address of elector requiring assistance) by
3 reason of (Reason for need of assistance) am unable to vote
4 without the assistance of (Name and address of person
5 rendering assistance).
6 Date
7 Witnessed by (Name of Witness)
8 (Signature of Judge of Election)
9 (b) Any elector who is entitled to receive assistance in
10 voting under the provisions of this section shall be permitted
11 by the judge of election to select a person of the elector's
12 choice to enter the voting compartment or voting machine booth
13 with him to assist him in voting, such assistance to be rendered
14 inside the voting compartment or voting machine booth except
15 that the elector's employer or an agent of the employer or an
16 officer or agent of the elector's union shall not be eligible to
17 assist the elector.
18 (c) In every case of assistance under the provisions of this
19 section, the judge of election shall forthwith enter in writing
20 in a book to be furnished by the county board of elections, to
21 be known as the record of assisted voters--(1) the voter's name;
22 (2) a statement of the facts which entitle him to receive
23 assistance; and (3) the name of the person furnishing the
24 assistance. The record of assisted voters shall be returned by
25 the judge of election to the county board of elections with the
26 other papers, as hereinafter provided, and said county board
27 shall permit the same to be examined only upon the written order
28 of a judge of the court of common pleas: Provided, however, That
29 such record shall be subject to subpoena to the same extent to
30 which other election records may be subpoenaed: And provided
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1 further, That the county election board shall permit any
2 registration commission to examine any records of assisted
3 voters without a court order, in order that the registration
4 commission may ascertain whether electors, who have declared, at
5 the time of registration, their need for assistance, actually
6 did receive assistance when voting at any election.
7 (d) Subsequent to the election, the county board of
8 elections shall record the facts of the declaration completed in
9 the polling place under subsection (a) onto the elector's
10 registration card, including the reason the elector requires
11 assistance.
12 Section 3. Sections 1302.1 and 1628 of the act, amended
13 February 13, 1998 (P.L.72, No.18), are amended to read:
14 Section 1302.1. Date of Application for Absentee Ballot.--
15 (a) Applications for absentee ballots unless otherwise
16 specified shall be received in the office of the county board of
17 elections not earlier than fifty (50) days before the primary or
18 election and not later than five o'clock P.M. of the first
19 Tuesday prior to the day of any primary or election: Provided,
20 however, That in the event any elector otherwise qualified who
21 is so physically disabled or ill on or before the first Tuesday
22 prior to any primary or election that [he] the elector is unable
23 to file [his] the elector's application or who becomes
24 physically disabled or ill after the first Tuesday prior to any
25 primary or election and is unable to appear at [his] the
26 elector's polling place or any elector otherwise qualified who
27 because of the conduct of [his] the elector's business, duties
28 or occupation will necessarily be absent from the municipality
29 of [his] the elector's residence on the day of the primary or
30 election, which fact was not and could not reasonably be known
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1 to [said] the elector on or before the first Tuesday prior to
2 any primary or election, shall be entitled to an absentee ballot
3 at any time prior to [five o'clock P.M. on the first Friday] the
4 close of business on the first Monday immediately preceding any
5 primary or election upon execution of an Emergency Application
6 in such form prescribed by the Secretary of the Commonwealth.
7 (b) In the case of an elector who is physically disabled or
8 ill on or before the first Tuesday prior to a primary or
9 election or becomes physically disabled or ill after the first
10 Tuesday prior to a primary or election, such Emergency
11 Application shall contain a supporting affidavit from [his] the
12 elector's attending physician stating that due to physical
13 disability or illness [said] the elector was unable to apply for
14 an absentee ballot on or before the first Tuesday prior to the
15 primary or election or became physically disabled or ill after
16 that period.
17 (c) In the case of an elector who is necessarily absent
18 because of the conduct of [his] the elector's business, duties
19 or occupation under the unforeseen circumstances specified in
20 this subsection, such Emergency Application shall contain a
21 supporting affidavit from [such] the elector stating that
22 because of the conduct of his business, duties or occupation
23 [said] the elector will necessarily be absent from the
24 municipality of [his] the elector's residence on the day of the
25 primary or election which fact was not and could not reasonably
26 be known to [said] the elector on or before the first Tuesday
27 prior to the primary or election.
28 Section 1628. Late Contributions and Independent
29 Expenditures.--(a) Any candidate or political committee,
30 authorized by a candidate and created solely for the purpose of
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1 influencing an election on behalf of that candidate, which
2 receives any contribution or pledge of five hundred dollars
3 ($500) or more, and any person making an independent
4 expenditure, as defined by this act, of five hundred dollars
5 ($500) or more after the final pre-election report has been
6 deemed completed shall report such contribution, pledge or
7 expenditure to the appropriate supervisor. Such report shall be
8 sent by the candidate, chairman or treasurer of the political
9 committee within twenty-four (24) hours of receipt of the
10 contribution. It shall be the duty of the supervisor to confirm
11 the substance of such report.
12 (b) The report shall be made by telegram, mailgram,
13 overnight mail or facsimile transmission. The original report of
14 a report submitted by facsimile shall be sent to the appropriate
15 supervisor by regular mail within twenty-four (24) hours of
16 receipt of the contribution.
17 (c) Any candidate in his own behalf, or chairman, treasurer
18 or candidate in behalf of the political committee may also
19 comply with this section by appearing personally before such
20 supervisor and reporting such late contributions or pledges.
21 Section 4. The sum of $1,000, or as much thereof as may be
22 necessary, is hereby appropriated to the Department of State for
23 the purchase of a facsimile machine.
24 Section 5. The amendment of section 201(a) of the act shall
25 apply to filings made after the new forms are established and
26 published as a notice in the Pennsylvania Bulletin by the
27 Secretary of the Commonwealth.
28 Section 6. This act shall take effect in 180 days.
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