PRINTER'S NO. 2074
No. 1687 Session of 1999
INTRODUCED BY CLYMER, ARGALL, FREEMAN, GODSHALL, HALUSKA, HARHAI, HERMAN, HERSHEY, MELIO, NICKOL, B. SMITH, STEIL, STERN, TANGRETTI, E. Z. TAYLOR AND WILT, JUNE 16, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 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," providing for digitized signature list; further 12 providing for reimbursement of costs, for qualification to 13 vote, for residence of electors, for examination and approval 14 of electronic voting systems, for voter's certificates, for 15 duties of court of common pleas and for manner of applying to 16 vote; providing for procedures for voting following a change 17 in address and for records; and further providing for voting 18 checklists, for assistance in voting, for absentee ballots, 19 for independent audits and for unlawful assistance in voting. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. Section 102(e) of the act of June 3, 1937 23 (P.L.1333, No.320), known as the Pennsylvania Election Code, 24 amended August 1, 1941 (P.L.672, No.273), is amended and the 25 section is amended by adding a subsection to read: 26 Section 102. Definitions.--The following words, when used in
1 this act, shall have the following meanings, unless otherwise 2 clearly apparent from the context: 3 * * * 4 (e) The words "district register" shall mean the 5 registration cards or digitized signature list containing [all 6 or any part of] the [registry] list of qualified electors [of 7 the same election district] arranged alphabetically by the last 8 name of the registrant, as prepared by the registration 9 commissions. 10 * * * 11 (z-5) The words "digitized signature list" shall mean a 12 computer-generated list or computer-generated card file used by 13 a registration commission as a district register of electors 14 pursuant to section 702 of the act of June 30, 1995 (P.L.170, 15 No.25), known as the "Pennsylvania Voter Registration Act." 16 Section 2. Section 305(a) of the act, amended May 5, 1982 17 (P.L.374, No.108), is amended to read: 18 Section 305. Expenses of County Boards and of Primaries and 19 Elections to Be Paid by County; Expenses of Special Elections; 20 Boards to Be Provided with Offices.-- 21 (a) The county commissioners or other appropriating 22 authorities of the county shall appropriate annually, and from 23 time to time, to the county board of elections of such county, 24 the funds that shall be necessary for the maintenance and 25 operation of the board and for the conduct of primaries and 26 elections in such county, including the payment of the 27 compensation of the employes of the board, custodians, election 28 officers, and other assistants and employes herein provided for, 29 and the fees of witnesses as herein provided; for the purchase 30 or printing, under contracts made by the board, of all ballots 19990H1687B2074 - 2 -
1 and other primary and election supplies required by this act, or 2 which the board shall consider necessary to carry out the 3 provisions of this act; for the purchase, under contracts made 4 by the board, and maintenance, of voting machines, when adopted 5 as herein provided, and of all other primary and election 6 equipment required by this act, or which the board shall 7 consider necessary to carry out the provisions of this act; for 8 the publication of notices authorized by this act, under 9 contracts made by the board, and for all other necessary 10 expenses hereunder: Provided, however, That bonds or other 11 evidences of indebtedness, payable not later than thirty years 12 from their dates of issuance, may be issued by the county 13 commissioners or other appropriating authorities of the county 14 in accordance with the provisions of law relating to the 15 increase of indebtedness of such county, to meet all or any part 16 of the cost of voting machines. 17 1. The county shall be liable for the expenses of holding 18 special elections for any city, borough, township, school 19 district or other municipality or incorporated district 20 contained therein, which is held on the day of any general, 21 municipal or primary election, and on any special question which 22 is required by law to be, or which is, at the discretion of the 23 county board, as hereinafter provided, printed on the regular 24 ballot after the list of the candidates, or on the same voting 25 machine as the list of candidates. 26 2. Any city, borough, township, school district or other 27 municipality or incorporated district contained in any county, 28 holding a special election, as authorized by law, on the 29 question of increase of indebtedness or any other question to be 30 voted on by the electors of such subdivision, which special 19990H1687B2074 - 3 -
1 election is held on the day of any general, municipal or primary 2 election and which is required by law to be conducted or at the 3 discretion of the county board, as hereinafter provided, is 4 conducted by special ballots for such question, shall be liable 5 to the county for the expenses necessarily incurred in the 6 printing of such special ballots. 7 3. If any other day than the day of any general, municipal 8 or primary election be fixed by the corporate authorities of any 9 municipality, school district or incorporated district for the 10 holding of a special election on the question of increase of 11 indebtedness or any other question, as authorized by law, such 12 municipality, school district or incorporated district shall be 13 liable for and pay the entire expense of holding such election, 14 including the cost of printing ballots and supplies, pay of 15 election officers, the rental of polling places, and the cost of 16 canvassing and computing the votes cast. 17 4. The Department of State shall reimburse county boards of 18 election for those additional costs incurred by the county for 19 any special election held to fill a vacancy in the Pennsylvania 20 General Assembly. The county board of elections shall submit a 21 request for reimbursement to the Department of State on a form 22 prescribed by the Department of State no later than sixty days 23 after the special election. Only those costs which are 24 attributable solely to the special election shall be reimbursed. 25 Reimbursement shall not be denied because the special election 26 is held on the same day as a general, municipal or primary 27 election if the county can show that additional costs were 28 incurred attributable solely to the special election. The 29 Governor may, from time to time, allocate to the Department of 30 State as much money from the General Fund as he deems necessary 19990H1687B2074 - 4 -
1 to permit the department to reimburse the counties for costs 2 incurred in the special elections. 3 * * * 4 Section 3. Section 701 of the act, amended July 3, 1974 5 (P.L.443, No.153), is amended to read: 6 Section 701. Qualifications [of Electors] to Vote at 7 General, Municipal or Special Elections.--Every citizen [of this 8 Commonwealth] eighteen years of age, possessing the following 9 qualifications, shall be entitled to vote at all general, 10 municipal or special elections, provided [he or she] the citizen 11 has complied with the [provisions of the] acts requiring and 12 regulating the registration of electors: 13 (1) [He or she] The citizen shall have been a citizen of the 14 United States at least one month. 15 (2) [He or she] The citizen shall have resided in the State 16 [ninety] thirty days immediately preceding the election. 17 (3) [He or she] The citizen shall have resided in the 18 election district where he or she shall offer to vote at least 19 thirty days immediately preceding the election, except that if 20 qualified to vote in an election district prior to removal of 21 residence, he or she may, if a [resident] citizen of 22 Pennsylvania, vote in the election district from which he or she 23 removed his or her residence within thirty days preceding the 24 election. 25 Section 4. Section 702 of the act is amended to read: 26 Section 702. Qualifications [of Electors] to Vote at 27 Primaries.--The qualifications of [electors] an elector entitled 28 to vote at primaries shall be the same as the qualifications of 29 [electors] an elector entitled to vote at general or municipal 30 elections within the election district where the primary is 19990H1687B2074 - 5 -
1 held, provided that [no elector who is not registered and 2 enrolled as a member of a political party, in accordance with 3 the provisions of this act, shall be permitted to vote the 4 ballot of such party or any other party ballot at any primary.] 5 an elector must be a registered and enrolled member of such 6 party upon the records of the registration commission, which 7 enrollment shall be conclusive as to such elector's party 8 membership and shall not be subject to challenge on the day of 9 the primary. 10 Section 5. Section 703 of the act, amended September 9, 1959 11 (P.L.851, No.339), is amended to read: 12 Section 703. Residence of Electors.--[For the purpose of 13 registration and voting, no person shall be deemed to have 14 gained a residence by reason of his presence, or lost it by 15 reason of his absence, while employed in the service, either 16 civil or military, of this State or of the United States, nor 17 while engaged in the navigation of the waters of the State or of 18 the United States, or on the high seas, nor while a student of 19 any institution of learning, nor while kept in any poorhouse or 20 other asylum at public expense, nor while confined in public 21 prison, except that any veteran who resides in a home for 22 disabled and indigent soldiers and sailors, operated and 23 maintained by the Commonwealth of Pennsylvania, and who 24 possesses all the qualifications for voting, may gain a 25 residence for registration and voting at the home for disabled 26 and indigent soldiers and sailors. The provisions of this 27 amendment shall not be construed to affect the voting rights of 28 bedridden or hospitalized veterans who choose to vote as 29 absentee electors by the use of veteran's official ballots.] The 30 residence of an elector for the purpose of voting and the rules 19990H1687B2074 - 6 -
1 for determining such residence shall be the same as prescribed 2 for voter registration by sections 501 and 502 of the act of 3 June 30, 1995 (P.L.170, No.25), known as the "Pennsylvania Voter 4 Registration Act." 5 Section 6. Section 704 of the act is amended to read: 6 [Section 704. Rules for Determining Residence.--In 7 determining the residence of a person desiring to register or 8 vote, the following rules shall be followed so far as they may 9 be applicable: 10 (a) That place shall be considered the residence of a person 11 in which his habitation is fixed, and to which, whenever he is 12 absent, he has the intention of returning. 13 (b) A person shall not be considered to have lost his 14 residence who leaves his home and goes into another state or 15 another election district of this State for temporary purposes 16 only, with the intention of returning. 17 (c) A person shall not be considered to have gained a 18 residence in any election district of this State into which he 19 comes for temporary purposes only, without the intention of 20 making such election district his permanent place of abode. 21 (d) The place where the family of a married man or woman 22 resides shall be considered and held to be his or her place of 23 residence, except where the husband and wife have actually 24 separated and live apart, in which case the place where he or 25 she has resided for two months or more shall be considered and 26 held to be his or her place of residence. 27 (e) If a person removes to another state with the intention 28 of making such state his permanent residence, he shall be 29 considered to have lost his residence in this State. 30 (f) If a person removes to another state with the intention 19990H1687B2074 - 7 -
1 of remaining there an indefinite time and making such state his 2 place of residence, he shall be considered to have lost his 3 residence in this State, notwithstanding he may entertain an 4 intention to return at some indefinite future period. 5 (g) If a person removes to the District of Columbia or other 6 Federal territory or foreign country to engage in the government 7 service, he shall not be considered to have lost his residence 8 in this State during the period of such service, and the place 9 where the person resided at the time of his removal shall be 10 considered and held to be his place of residence. 11 (h) If a person goes into another state and while there 12 exercises the right of a citizen by voting, he shall be 13 considered to have lost his residence in this State.] 14 Section 7. Section 1105-A(a) and (f) of the act, added July 15 11, 1980 (P.L.600, No.128), are amended to read: 16 Section 1105-A. Examination and Approval of Electronic 17 Voting Systems by the Secretary of the Commonwealth.--(a) Any 18 person or corporation owning, manufacturing or selling, or being 19 interested in the manufacture or sale of, any electronic voting 20 system, may request the Secretary of the Commonwealth to examine 21 or reexamine such system. Any [ten] one hundred or more persons, 22 being [qualified] registered qualified electors of [this 23 Commonwealth] the county, may, at any time, [request] file a 24 petition requesting the Secretary of the Commonwealth to 25 reexamine any electronic voting system theretofore examined and 26 approved by [him.] the secretary and used in the county in which 27 such electors are registered. The Secretary of the Commonwealth 28 shall prescribe a form and content of the petition. Before any 29 such examination or reexamination, the person, persons, or 30 corporation, requesting such examination or reexamination, shall 19990H1687B2074 - 8 -
1 pay to the Treasurer of the Commonwealth an examination [fee] 2 deposit of [four hundred fifty dollars ($450).] four thousand 3 dollars ($4,000). The person, persons or corporation shall 4 assume all costs and expenses associated with such examination 5 or reexamination and shall make final payment to the Treasurer 6 of the Commonwealth, covering all additional costs and expenses 7 in excess of the original deposit, before the results of such 8 examination or reexamination shall be revealed by the Secretary 9 of the Commonwealth. If the costs and expenses associated with 10 such examination or reexamination do not exceed four thousand 11 dollars ($4,000), then the Secretary of the Commonwealth shall 12 cause the State Treasurer to refund the remainder of the deposit 13 to said person, persons or corporation. The Secretary of the 14 Commonwealth may, at any time, in [his] the secretary's 15 discretion, reexamine any such system [therefore] previously 16 examined and approved by [him] the secretary. The Secretary of 17 the Commonwealth may issue directives or instructions for 18 implementation of electronic voting procedures and for the 19 operation of electronic voting systems. 20 * * * 21 (f) Each examiner appointed hereunder shall receive [a] 22 compensation [of one hundred and fifty dollars ($150) for each 23 type of electronic voting system examined by him.] at a rate to 24 be negotiated with the examiner by the Secretary of the 25 Commonwealth. The Secretary of the Commonwealth's selection and 26 compensation of an examiner shall be in accordance with 27 applicable Commonwealth guidelines for contracting for services. 28 Section 8. Section 1203 of the act is amended to read: 29 Section 1203. Voter's Certificates.--At each primary and 30 election each county board shall prepare a suitable number of 19990H1687B2074 - 9 -
1 voter's certificates which shall be in form approved by the 2 Secretary of the Commonwealth substantially as follows: 3 Voter's Certificate 4 (Primary) (Election)..............19... 5 I hereby certify that I am qualified to vote at this 6 (primary) (election) 7 Signature .......................................... 8 Address ............................................ 9 .............................................Pa. 10 Approved............................... 11 Number of stub of ballot issued or number of admission to 12 voting machines (and party, at primary)......................... 13 The voter's certificate shall be [so prepared as to be] in a 14 form capable of being inserted by the election officers in a 15 suitable file or binder [to be furnished by the county board. 16 One such] or shall be printed on a computer-generated list. In 17 the case of counties utilizing digitized signature lists as 18 district registers, voter's certificates may be printed on the 19 same such lists. Except in counties utilizing digitized 20 signature lists with voter's certificates thereon or computer- 21 generated lists, a file or binder shall be furnished by the 22 county board for each election district for each primary and 23 election, and shall have printed or written thereon the words 24 "Voting Check List," together with the number of the district 25 and ward, if any, and the date of the primary or election. 26 Section 9. Section 1206 of the act, amended July 13, 1961 27 (P.L.603, No.303), is amended to read: 28 Section 1206. Duties of Common Pleas Court on Days of 29 Primaries and Elections.--The court of common pleas of each 30 county of the Commonwealth or a judge or judges thereof, shall 19990H1687B2074 - 10 -
1 be in continuous session at the courthouse of said county, or, 2 in judicial districts composed of more than one county, at the 3 courthouse of the county in which such judge or judges reside, 4 on the day of each primary and election from 7 o'clock A. M. 5 until 10 o'clock P. M. and so long thereafter as it may appear 6 that the process of said court will be necessary to secure a 7 free, fair and correct computation and canvass of the votes cast 8 at said election. In judicial districts having but one judge of 9 the court of common pleas, such judge shall not be required to 10 be in session, as aforesaid, between the hours of 12 o'clock 11 noon and 2 o'clock P. M., nor between the hours of 5:30 o'clock 12 P. M. and 7 o'clock P. M. During such period said court shall 13 act as a committing magistrate for any violation of the election 14 laws; shall settle summarily controversies that may arise with 15 respect to the conduct of the election; shall issue process, if 16 necessary, to enforce and secure compliance with the election 17 laws; and shall decide such other matters pertaining to the 18 election as may be necessary to carry out the intent of this act 19 and the act of June 30, 1995 (P.L.170, No.25), known as the 20 "Pennsylvania Voter Registration Act"; and [in counties of the 21 third class] shall have power to appoint additional clerks at 22 the polling places where needed and requested by the election 23 board: Provided, That for each clerk appointed from the majority 24 political party, a clerk from the minority political party must 25 also be appointed. In addition, said court shall hear and 26 determine the petition of any qualified elector who has 27 heretofore been duly registered as an elector of said county but 28 who, due to circumstances beyond his control, has failed to file 29 a removal notice or reinstatement card in order to insure the 30 inclusion of the elector's registration card in the district 19990H1687B2074 - 11 -
1 register of the election district of the elector's residence; 2 the petition of any qualified registered elector who has 3 suffered a physical disability which renders the elector unable 4 to see or mark the ballot or operate the voting machine or to 5 enter the voting machine compartment or voting booth without 6 assistance and, due to circumstances beyond the elector's 7 control, was unable to make application personally at the office 8 of the registration commission within the time prescribed by law 9 in order to have such fact entered on the elector's registration 10 card; the petition of any qualified elector who is a duly 11 discharged veteran and who, by reason of the elector's service 12 in the armed forces, was unable to register within the time 13 fixed by law; and the petition of any commissioner, chief clerk, 14 registrar or clerk, setting forth that an elector's right to 15 vote has been denied by reason of an error by the registration 16 commission. 17 Section 10. Section 1210(a) and (d), amended June 10, 1982 18 (P.L.458, No.135), are amended and the section is amended by 19 adding subsections to read: 20 Section 1210. Manner of Applying to Vote; Persons Entitled 21 to Vote; Voter's Certificates; Entries to Be Made in District 22 Register; Numbered Lists of Voters; Challenges.--(a) At every 23 primary and election each elector who desires to vote shall 24 first sign a voter's certificate, and, unless [he] the elector 25 is a State or Federal employe who has registered under any 26 registration act without declaring [his] a residence by street 27 and number, [he] the elector shall insert his address therein, 28 unless the commission shall have it printed on the voter's 29 certificate, and hand the same to the election officer in charge 30 of the district register. Such election officer shall thereupon 19990H1687B2074 - 12 -
1 announce the elector's name so that it may be heard by all 2 members of the election board and by all watchers present in the 3 polling place and shall compare the elector's signature on [his] 4 the elector's voter's certificate with [his] the elector's 5 signature in the district register. If, upon such comparison, 6 the signature upon the voter's certificate appears to be 7 genuine, the elector who has signed the certificate shall, if 8 otherwise qualified, be permitted to vote: Provided, That if the 9 signature on the voter's certificate, as compared with the 10 signature as recorded in the district register, shall not be 11 deemed authentic by any of the election officers, such elector 12 shall not be denied the right to vote for that reason, but shall 13 be considered challenged as to identity and required to make the 14 affidavit and produce the evidence as provided in subsection (d) 15 of this section. When an elector has been found entitled to 16 vote, the election officer who examined [his] the voter's 17 certificate and compared [his] the elector's signature shall 18 sign [his] the officer's name or initials on the voter's 19 certificate, and shall, if the elector's signature is not 20 readily legible, print such elector's name over [his] the 21 elector's signature, and the number of the stub of the ballot 22 issued to [him or his] the elector's number in the order of 23 admission to the voting machines, and at primaries a letter or 24 abbreviation designating the party in whose primary [he] the 25 elector votes shall also be entered by one of the election 26 officers or clerks. As each [voter] elector is found to be 27 qualified and votes, the election officer in charge of the 28 district register shall write or stamp the date of the election 29 or primary, the number of the stub of the ballot issued to [him] 30 the elector or [his] the elector's number in the order of 19990H1687B2074 - 13 -
1 admission to the voting machines, and at primaries a letter or 2 abbreviation designating the party in whose primary [he] the 3 elector votes, and shall sign [his] the election officer's name 4 or initials in the proper space on the registration card of such 5 [voter] elector contained in the district register or next to 6 the elector's signature on a computer-generated list or 7 digitized signature list with voter's certificates thereon, if 8 either is utilized by the county. 9 As each [voter] elector votes, [his] the elector's name in 10 the order of voting shall be recorded in two (2) numbered lists 11 of [voters] electors provided for that purpose, with the 12 addition of a note of each [voter's] elector's party enrollment 13 after [his] the elector's name at primaries. 14 * * * 15 (d) No person, except a qualified elector who is in actual 16 military or naval service under a requisition of the President 17 of the United States or by the authority of this Commonwealth, 18 and who votes under the provisions of Article XIII of this act, 19 shall be entitled or permitted to vote at any primary or 20 election at any polling place outside the election district in 21 which [he] the person resides, nor shall [he] the person be 22 permitted to vote in the election district in which [he] the 23 person resides, unless [he] the person has been personally 24 registered as an elector and [his] the elector's registration 25 card appears in the district register of such election district, 26 except by order of the court of common pleas as provided in this 27 act, and any person, although personally registered as an 28 elector, may be challenged by any qualified elector, election 29 officer, overseer, or watcher at any primary or election as to 30 [his] the person's identity, [as to his] continued residence in 19990H1687B2074 - 14 -
1 the election district or [as to] any alleged violation of the 2 provisions of section 1210 of this act, and if challenged as to 3 identity or residence, [he] the person shall produce at least 4 one qualified elector of the election district as a witness, who 5 shall make affidavit of [his] the challenged elector's identity 6 or continued residence in the election district[: Provided, 7 however, That no person shall be entitled to vote as a member of 8 a party at any primary, unless he is registered and enrolled as 9 a member of such party upon the district register, which 10 enrollment shall be conclusive as to his party membership and 11 shall not be subject to challenge on the day of the primary]. 12 (e) An elector who is registered and enrolled as a member of 13 a political party, and who, upon applying to vote, shall have 14 established his identity by signing his name and address, or 15 otherwise, as herein required at elections, and is otherwise 16 qualified, may vote as a member of such party at any primary 17 succeeding the elector's registration without being subject to 18 any challenge regarding the elector's party membership. No 19 elector registered and enrolled as a member of a political party 20 shall be allowed to receive or vote the ballot of any other 21 political party at any primary election. 22 (f) A registered qualified elector, although not enrolled as 23 a member of a political party, shall be permitted to vote at a 24 primary on questions and other matters not involving the 25 nomination of political party candidates or the election of 26 political party officers or delegates. 27 (g) If an elector's registration record indicates that the 28 elector is in an inactive status, the elector shall be entitled 29 to vote as provided by section 1902 of the act of June 30, 1995 30 (P.L.170, No.25), known as the "Pennsylvania Voter Registration 19990H1687B2074 - 15 -
1 Act." 2 Section 11. The act is amended by adding sections to read: 3 Section 1210.1. Procedure for Voting Following Failure to 4 Return Notification Card.--(a) A registered elector who has 5 moved to an address within the same election district where the 6 elector is registered shall, notwithstanding failure to notify 7 the commission prior to the date of an election, be permitted to 8 vote in that election district upon written affirmation by the 9 elector of the change of address before an election official at 10 the election district polling place. 11 (b) A registered elector who has moved to an address within 12 a different election district of the county where the elector is 13 registered and who has failed to notify the commission of the 14 change of address prior to the date of an election shall be 15 permitted to notify the registration commission of the address 16 change and vote at the elector's former polling place upon 17 written affirmation by the elector of the new address before an 18 election official at the former polling place. 19 (c) A registered elector who has moved to another county and 20 who has failed to notify any commission of the change of address 21 prior to the date of the election shall be permitted to notify 22 the registration commission of the address change and vote at 23 the elector's former polling place upon written affirmation by 24 the elector of the new address before an election official at 25 the former polling place. 26 Section 1210.2. Incorrect Records.--If voter registration 27 records incorrectly indicate that an elector has moved from an 28 address in the election district where the elector is 29 registered, the elector shall, upon written affirmation of the 30 error before an election official at the polling place within 19990H1687B2074 - 16 -
1 said election district, be permitted to vote at that polling 2 place. 3 Section 12. Section 1212 of the act is amended to read: 4 Section 1212. Voting Check List.--[After each elector has 5 been admitted to vote, his voter's certificate shall be inserted 6 in the file or binder provided therefor by the county board, and 7 known as the "Voting Check List," and the said voter's 8 certificate so bound] The "Voting Check List" shall consist of 9 the collection of the voter's certificates of those electors 10 whose admission to vote is evidenced on said certificates by the 11 signature or initials of a district election official. The 12 Voting Check List shall constitute the official list of electors 13 voting at [such] each primary or election. [All] If the county 14 uses digitized signature lists containing voter's certificates 15 thereon as a district register or computer-generated lists, said 16 lists shall constitute the Voting Check List for said county. If 17 the voter's certificates do not appear on digitized signature 18 lists used as district registers or on computer-generated lists, 19 the electors' voter's certificates shall be inserted in the file 20 or binder provided therefor by the county board after each 21 elector has been admitted to vote. The voter's certificates 22 [prepared by persons applying to vote] of electors whose 23 applications to vote are refused by the election officer shall 24 be carefully preserved and returned by the election officer to 25 the county board with the other papers. 26 Section 13. Section 1218 of the act, amended February 13, 27 1989 (P.L.1, No.1), is amended to read: 28 Section 1218. Assistance in Voting.-- 29 (a) No [voter] elector shall be permitted to receive any 30 assistance in voting at any primary or election, unless there is 19990H1687B2074 - 17 -
1 recorded upon [his] such elector's registration card [his 2 declaration] a declaration, or unless the elector declares in 3 writing at the polling place, that, by reason of blindness, 4 disability, or inability to read or write, [he] the elector is 5 unable to read the names on the ballot or on the voting machine 6 labels, or that [he] the elector has a physical disability which 7 renders [him] such elector unable to see or mark the ballot or 8 operate the voting machine, or to enter the voting compartment 9 or voting machine booth without assistance, the exact nature of 10 such condition being recorded on such registration card or 11 declaration, and unless the election officers are satisfied that 12 [he] the elector still suffers from the same condition. The 13 declaration completed in the polling place shall be in a form 14 approved by the Secretary of the Commonwealth substantially as 15 follows: 16 I, ....................................... 17 (Name and address of elector requiring assistance) 18 by reason of ............................. 19 (Reason for need of assistance) 20 am unable to vote without the assistance of 21 ........................................... 22 (Name and address of person rendering assistance) 23 (Date) 24 Witnessed by .............................. 25 (Signature of Judge of Election) 26 (b) Any elector who is entitled to receive assistance in 27 voting under the provisions of this section shall be permitted 28 by the judge of election to select a person of the elector's 29 choice to enter the voting compartment or voting machine booth 30 with [him] the elector to assist [him] the elector in voting, 19990H1687B2074 - 18 -
1 such assistance to be rendered inside the voting compartment or 2 voting machine booth except that the elector's employer or an 3 agent of the employer or an officer or agent of the elector's 4 union shall not be eligible to assist the elector. 5 (c) In every case of assistance under the provisions of this 6 section, the judge of election shall forthwith enter in writing 7 in a book to be furnished by the county board of elections, to 8 be known as the record of assisted voters--(1) the [voter's] 9 elector's name; (2) a statement of the facts which entitle [him] 10 the elector to receive assistance; and (3) the name of the 11 person furnishing the assistance. The record of assisted voters 12 shall be returned by the judge of election to the county board 13 of elections with the other papers, as hereinafter provided, and 14 said county board shall permit the same to be examined only upon 15 the written order of a judge of the court of common pleas: 16 Provided, however, That such record shall be subject to subpoena 17 to the same extent to which other election records may be 18 subpoenaed: And provided further, That the county election board 19 shall permit any registration commission to examine any records 20 of assisted voters without a court order, in order that the 21 registration commission may ascertain whether electors, who have 22 declared, at the time of registration, their need for 23 assistance, actually did receive assistance when voting at any 24 election or primary. 25 (d) Subsequent to the election or primary, the county board 26 of elections shall record or cause to be recorded the facts of 27 the declaration completed in the polling place as prescribed by 28 subsection (a) onto the elector's registration card including 29 the reason the elector requires assistance. 30 Section 14. Section 1302.1 of the act, amended February 13, 19990H1687B2074 - 19 -
1 1998 (P.L.72, No.18), is amended to read: 2 Section 1302.1. Date of Application for Absentee Ballot.-- 3 (a) Applications for absentee ballots unless otherwise 4 specified shall be received in the office of the county board of 5 elections not earlier than fifty (50) days before the primary or 6 election and not later than five o'clock P.M. of the first 7 Tuesday prior to the day of any primary or election: Provided, 8 however, That in the event any elector otherwise qualified who 9 is so physically disabled or ill on or before the first Tuesday 10 prior to any primary or election that [he] the elector is unable 11 to file [his] an application or who becomes physically disabled 12 or ill after the first Tuesday prior to any primary or election 13 and is unable to appear at [his] the elector's polling place or 14 any elector otherwise qualified who because of the conduct of 15 [his] the elector's business, duties or occupation will 16 necessarily be absent from the municipality of [his] the 17 elector's residence on the day of the primary or election, which 18 fact was not and could not reasonably be known to said elector 19 on or before the first Tuesday prior to any primary or election, 20 shall be entitled to an absentee ballot at any time prior to 21 [five o'clock P.M. on the first Friday] the close of business on 22 the first Monday immediately preceding any primary or election 23 upon execution of an Emergency Application in such form 24 prescribed by the Secretary of the Commonwealth. 25 (b) In the case of an elector who is physically disabled or 26 ill on or before the first Tuesday prior to a primary or 27 election or becomes physically disabled or ill after the first 28 Tuesday prior to a primary or election, such Emergency 29 Application shall contain a supporting affidavit from [his] the 30 elector's attending physician stating that due to physical 19990H1687B2074 - 20 -
1 disability or illness said elector was unable to apply for an 2 absentee ballot on or before the first Tuesday prior to the 3 primary or election or became physically disabled or ill after 4 that period. 5 (c) In the case of an elector who is necessarily absent 6 because of the conduct of his business, duties or occupation 7 under the unforeseen circumstances specified in this subsection, 8 such Emergency Application shall contain a supporting affidavit 9 from such elector stating that because of the conduct of [his] 10 the elector's business, duties or occupation said elector will 11 necessarily be absent from the municipality of [his] the 12 elector's residence on the day of the primary or election which 13 fact was not and could not reasonably be known to said elector 14 on or before the first Tuesday prior to the primary or election. 15 Section 15. Section 1302(c) and (e) of the act, amended 16 December 11, 1968 (P.L.1183, No.375), are amended to read: 17 Section 1302.2. Approval of Application for Absentee 18 Ballot.-- 19 * * * 20 (c) The county board of elections, upon receipt of any 21 application of a qualified elector required to be registered 22 under the provisions of preceding section 1301, shall determine 23 the qualifications of such applicant by comparing the 24 information set forth on such application with the information 25 contained on the applicant's permanent registration card. If the 26 board is satisfied that the applicant is qualified to receive an 27 official absentee ballot, the application shall be marked 28 "approved." Such approval decision shall be final and binding, 29 except that challenges may be made only on the ground that the 30 applicant did not possess the qualifications of an absentee 19990H1687B2074 - 21 -
1 elector. Such challenges must be made to the county board of 2 elections within twenty-four hours of the deadline for filing 3 said applications prior to [5:00 o'clock P. M. on the first 4 Friday prior to] the election. When so approved, the 5 registration commission shall cause an absentee [voter's] 6 elector's temporary registration card to be inserted in the 7 district register on top of and along with the permanent 8 registration card. The absentee [voter's] elector's temporary 9 registration card shall be in the color and form prescribed in 10 subsection (e) of this section: 11 Provided, however, That the duties of the county boards of 12 elections and the registration commissions with respect to the 13 insertion of the absentee [voter's] elector's temporary 14 registration card of any elector from the district register as 15 set forth in section 1302.2 shall include only such applications 16 and emergency applications as are received on or before the 17 first Tuesday prior to the primary or election. In all cases 18 where applications are received after the first Tuesday prior to 19 the primary or election and before [five o'clock P. M. on the 20 first Friday] the close of business on the first Monday 21 immediately prior to the primary or election, the county board 22 of elections shall determine the qualifications of such 23 applicant by comparing the information set forth on such 24 application with the information contained on the applicant's 25 [duplicate] registration card on file in the General Register 26 (also referred to as the Master File) in the office of the 27 Registration Commission and shall cause the name and residence 28 (and at primaries, the party enrollment) to be inserted in the 29 Military, Veterans and Emergency Civilian Absentee Voters File 30 as provided in section 1302.3, subsection (b). In addition, the 19990H1687B2074 - 22 -
1 local district boards of elections shall, upon canvassing the 2 official absentee ballots under section 1308, examine the voting 3 check list of the election district of said elector's residence 4 and satisfy itself that such elector did not cast any ballot 5 other than the one properly issued to [him] the elector under 6 [his] the elector's absentee ballot application. In all cases 7 where the examination of the local district board of elections 8 discloses that an elector did vote a ballot other than the one 9 properly issued to [him] the elector under the absentee ballot 10 application, the local district board of elections shall 11 thereupon cancel said absentee ballot and said elector shall be 12 subject to the penalties as hereinafter set forth. 13 * * * 14 (e) The absentee [voter's] elector's temporary registration 15 card shall be in duplicate and the same size as the permanent 16 registration card, in a different and contrasting color to the 17 permanent registration card and shall contain the absentee 18 [voter's] elector's name and address and shall conspicuously 19 contain the words "Absentee [Voter] Elector." Such card shall 20 also contain the affidavit required by subsection (b) of section 21 1306[.]: Provided, however, That counties utilizing digitized 22 signature lists as district registers shall utilize such lists 23 or computer-generated forms as temporary registration cards. 24 Such lists or printouts shall contain the same information and 25 affidavit as required by this section. 26 Section 16. Section 1306.1 of the act, added August 13, 1963 27 (P.L.707, No.379), is amended to read: 28 Section 1306.1. Assistance in Voting by Certain Absentee 29 Electors.-- 30 Any elector qualified to vote an official absentee ballot in 19990H1687B2074 - 23 -
1 accordance with the provisions of section 1301, subsection (k), 2 may receive assistance in voting (1) if there is recorded on 3 [his] the elector's registration card [his] a declaration that 4 [he] the elector has a physical disability which renders [him] 5 the elector unable to see or mark the official absentee ballot, 6 the exact nature of such disability being recorded on such 7 registration card; (2) if such elector requiring assistance 8 submits with [his] the elector's application for an official 9 absentee ballot, a [statement] declaration setting forth the 10 precise nature of the disability which renders [him] the elector 11 unable to see or mark the official absentee ballot and that to 12 the best of [his] the elector's knowledge and belief [he] the 13 elector will still suffer from the said physical disability at 14 the time of voting [his] the elector's official absentee ballot. 15 [He] The elector shall acknowledge the same before an officer 16 qualified to take acknowledgement of deeds. Such statement shall 17 be in substantially the following form: 18 Statement of Absentee Elector Requiring Assistance 19 I, ............................................, hereby state 20 (Name of voter requiring assistance) 21 that I require assistance in marking the official absentee 22 ballot for the primary or election held .................., 23 (Date) 24 19..., that will be issued to me for the following reason: 25 .......................................................... 26 (Insert nature of disability) 27 ......................................... 28 (Signature or mark of elector) 29 ................................... 30 (Date of signature or mark) 19990H1687B2074 - 24 -
1 Commonwealth of Pennsylvania: 2 ss 3 County of ..................: 4 On this..........day of.........., 19...., before me, 5 ...................., the undersigned officer personally 6 appeared......................., known to me (or satisfactorily 7 proven) to be the person whose signature or mark appears on the 8 within instrument and acknowledged the same for the purposes 9 therein contained. 10 In witness whereof, I have hereunto set my hand and official 11 seal 12 ......................... 13 (Title of Officer) 14 Upon receipt of the official absentee ballot, such elector 15 requiring assistance may select [an adult] a person to assist 16 him in voting, such assistance to be rendered in secret[.]: 17 Provided, however, That the person rendering assistance may not 18 be the elector's employer or an agent of the employer or an 19 officer or agent of the elector's union. The [adult] person 20 rendering the assistance in voting [should be required to fill 21 out,] shall complete, date and sign the declaration in such form 22 approved by the Secretary of the Commonwealth, or substantially 23 in the form as set forth below, [as he] that the person has 24 caused the elector's ballot to be marked in accordance with such 25 elector's desires and instruction. Such declaration form shall 26 be returned to the county board of elections in the mailing 27 envelope addressed to the county board of elections within which 28 the small "official absentee ballot" is returned. 29 Declaration of Person Rendering Assistance 30 I, ......................................., [an adult person] 19990H1687B2074 - 25 -
1 (Name of Person rendering assistance) 2 hereby declare that I have witnessed the aforesaid elector's 3 signature or mark and that I have caused the aforesaid 4 elector's ballot to be marked in accordance with the desires 5 and instructions of the aforesaid elector. 6 ............................................... 7 (Signature of Person Rendering Assistance) 8 ............................................... 9 (Address) 10 Section 17. Section 1635(a) of the act, added October 4, 11 1978 (P.L.893, No.171), is amended to read: 12 Section 1635. Independent Audit.-- 13 (a) Every [two (2)] four (4) years, the Secretary of the 14 Commonwealth shall contract for the services of a certified 15 public accountant or certified public accounting firm. Such 16 contract shall be awarded on a bid basis and no certified public 17 accountant or certified public accounting firm shall be eligible 18 to obtain such a contract for two (2) successive contract 19 periods. 20 * * * 21 Section 18. Sections 1830 and 1831 of the act are amended to 22 read: 23 Section 1830. Unlawful Assistance in Voting.--Any elector at 24 any primary or election who shall allow [his] the elector's 25 ballot or the face of the voting machine voted by [him] the 26 elector to be seen by any person with the apparent intention of 27 letting it be known how [he] the elector is about to vote; or in 28 districts in which ballots are used, shall cast or attempt to 29 cast any other than the official ballot which has been given to 30 [him] the elector by the proper election officer; or who, 19990H1687B2074 - 26 -
1 without having made the declaration [under oath or affirmation] 2 required by section 1218 of this act, or when the disability 3 which [he] the elector declared [before any registration 4 commission] no longer exists, shall permit another to accompany 5 [him] the elector into the voting compartment or voting machine 6 booth, or to mark [his] the elector's ballot or prepare the 7 voting machine for voting by [him] the elector; or who shall 8 mark [his] the ballot or prepare the voting machine for voting 9 while another is unlawfully present in the voting machine 10 compartment or voting machine booth with [him] the elector; or 11 who shall state falsely to any election officer that because of 12 illiteracy [he] the elector is unable to read the names on the 13 ballot or ballot labels or that by reason of physical disability 14 [he] the elector cannot see or mark the ballot or enter the 15 voting compartment without assistance or that [he] the elector 16 cannot see or operate the voting machine or enter the voting 17 machine booth without assistance; or who shall state, as [his] 18 the reason for requiring assistance, a disability from which 19 [he] the elector does not suffer; or any person who shall go 20 into the voting compartment or voting machine booth with another 21 while voting or be present therein while another is voting, or 22 mark the ballot of another or prepare the voting machine for 23 voting with another, except in strict accordance with the 24 provisions of this act; or any person who shall interfere with 25 any elector when inside the enclosed space or when marking [his] 26 the elector's ballot, or preparing the voting machine for 27 voting, or who shall endeavor to induce any elector before 28 depositing [his] the elector's ballot to show how [he] the 29 elector marks or has marked [his] the ballot; or any person 30 giving assistance who shall attempt to influence the vote of the 19990H1687B2074 - 27 -
1 elector whom [he] the person is assisting or who shall mark a 2 ballot or prepare a voting machine for voting in any other way 3 than that requested by the [voter] elector whom [he] the person 4 is assisting, or who shall disclose to anyone the contents of 5 any ballot which has been marked or any voting machine which has 6 been prepared for voting with [his] the person's assistance, 7 except when required to do so in any legal proceeding, shall be 8 guilty of a misdemeanor, and, upon conviction thereof, shall be 9 sentenced to pay a fine not exceeding one thousand ($1,000) 10 dollars, or to undergo an imprisonment of not more than one (1) 11 year, or both, in the discretion of the court. 12 Section 1831. Election Officers Permitting Unlawful 13 Assistance.--Any election officer who shall permit [a voter] an 14 elector to be accompanied by another into the voting compartment 15 or voting machine booth when the registration card of such 16 person contains no declaration that such person requires 17 assistance, or [when such person has not made, under oath or 18 affirmation, the statement] without a signed and witnessed 19 declaration as required by section 1218 of this act, or when 20 such election officer knows that the disability which the 21 elector declared before any registration commission no longer 22 exists, or who shall permit any person to accompany an elector 23 into the voting compartment or voting machine booth, except as 24 provided by this act, shall be guilty of a misdemeanor, and, 25 upon conviction thereof, shall be sentenced to pay a fine not 26 exceeding one thousand ($1,000) dollars, or to undergo an 27 imprisonment of not more than one (1) year, or both, in the 28 discretion of the court. 29 Section 19. This act shall take effect in 60 days. E25L25BIL/19990H1687B2074 - 28 -