PRINTER'S NO. 1354
No. 1147 Session of 2003
INTRODUCED BY NAILOR, FAIRCHILD, JOSEPHS, B. SMITH, BAKER, BARRAR, BEBKO-JONES, BELFANTI, BISHOP, BROWNE, CAWLEY, CREIGHTON, CURRY, FLEAGLE, FLICK, FRANKEL, FREEMAN, GABIG, GEIST, GINGRICH, GRUCELA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HICKERNELL, HORSEY, JAMES, LAUGHLIN, LEACH, LEDERER, LYNCH, MACKERETH, MANDERINO, MARSICO, McGEEHAN, McILHATTAN, R. MILLER, S. MILLER, NICKOL, READSHAW, REICHLEY, RUBLEY, SANTONI, SCRIMENTI, SEMMEL, SOLOBAY, STABACK, E. Z. TAYLOR, TIGUE, VANCE, WANSACZ, WASHINGTON AND YOUNGBLOOD, APRIL 11, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 11, 2003
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, for delivery or mailing of ballots and for 13 voting by absentee electors. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 1302.1 of the act of June 3, 1937 17 (P.L.1333, No.320), known as the Pennsylvania Election Code, 18 amended February 13, 1998 (P.L.72, No.18), is amended to read: 19 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 close of 5 business on the first Tuesday prior to the day of any primary or 6 election: Provided, however, That in the event any elector 7 otherwise qualified to vote by absentee ballot delivers an 8 application for absentee ballot to the county board of elections 9 in person between the close of business on the first Tuesday 10 prior to the day of any primary or election and the close of 11 business on the first Friday preceding any primary or election 12 the elector shall be entitled to an absentee ballot at the time 13 the elector delivers the application to the county board of 14 elections: and further Provided, however, That in the event any 15 elector otherwise qualified who is so physically disabled or ill 16 on or before the first Tuesday prior to any primary or election 17 that he is unable to file his application or who becomes 18 physically disabled or ill after the first Tuesday prior to any 19 primary or election and is unable to appear at his polling place 20 or any elector otherwise qualified who because of the conduct of 21 his business, duties or occupation will necessarily be absent 22 from the municipality of his residence on the day of the primary 23 or election, which fact was not and could not reasonably be 24 known to said elector on or before the first Tuesday prior to 25 any primary or election, shall be entitled to an absentee ballot 26 at any time prior to five o'clock P.M. on the first Friday 27 preceding any primary or election upon execution of an Emergency 28 Application in such form prescribed by the Secretary of the 29 Commonwealth. 30 (b) In the case of an elector who is physically disabled or 20030H1147B1354 - 2 -
1 ill on or before the first Tuesday prior to a primary or
2 election or becomes physically disabled or ill after the first
3 Tuesday prior to a primary or election, such Emergency
4 Application shall contain a supporting affidavit from his
5 attending physician stating that due to physical disability or
6 illness said elector was unable to apply for an absentee ballot
7 on or before the first Tuesday prior to the primary or election
8 or became physically disabled or ill after that period.
9 (c) In the case of an elector who is necessarily absent
10 because of the conduct of his business, duties or occupation
11 under the unforeseen circumstances specified in this subsection,
12 such Emergency Application shall contain a supporting affidavit
13 from such elector stating that because of the conduct of his
14 business, duties or occupation said elector will necessarily be
15 absent from the municipality of his residence on the day of the
16 primary or election which fact was not and could not reasonably
17 be known to said elector on or before the first Tuesday prior to
18 the primary or election.
19 Section 2. Section 1305 of the act, amended August 13, 1963
20 (P.L.707, No.379) and December 7, 1990 (P.L.681, No.169), is
21 amended to read:
22 Section 1305. Delivering or Mailing Ballots.--
23 (a) The county board of elections upon receipt and approval
24 of an application filed by any elector qualified in accordance
25 with the provisions of section 1301, subsections (a) to (h),
26 inclusive, shall not later than fifty days prior to the day of
27 the primary or not later than seventy days prior to the day of
28 the election commence to deliver or mail to such elector who has
29 included with said application a statement that he or she is
30 unable to vote during the regular absentee balloting period by
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1 reason of living or performing military service in an extremely 2 remote or isolated area of the world, and not later than forty- 3 five days prior to the day of the primary or election commence 4 to deliver or mail to all other such electors as provided for in 5 section 1301, subsections (a) to (h), inclusive, official 6 absentee ballots or special write-in absentee ballots as 7 prescribed by subsection (d) of section 1303 when official 8 absentee ballots are not yet printed; as additional applications 9 of such electors are received, the board shall deliver or mail 10 official absentee ballots or special write-in absentee ballots 11 when official absentee ballots are not yet printed to such 12 additional electors within forty-eight hours after approval of 13 their application. If the calling of a special election would 14 make it impossible to comply with the forty-five day delivery or 15 mailing requirement of this section, then the county board of 16 elections shall mail absentee ballots or special write-in 17 absentee ballots within five days of the county board's receipt 18 of the information necessary to prepare said ballots. 19 (b) The county board of elections upon receipt and approval 20 of an application filed by any elector qualified in accordance 21 with the provisions of section 1301, subsections (i) to (l), 22 inclusive, shall commence to deliver or mail official absentee 23 ballots on the second Tuesday prior to the primary or election. 24 As additional applications are received and approved, the board 25 shall deliver or mail official absentee ballots to such 26 additional electors within forty-eight hours[.]; Provided, 27 however, That in the event any elector delivers an application 28 for an absentee ballot to the county board of elections in 29 person between the close of business on the first Tuesday prior 30 to the day of any primary or election and the close of business 20030H1147B1354 - 4 -
1 on the first Friday immediately preceding the primary or 2 election, the elector shall be provided with an absentee ballot 3 at the time the elector delivers the application to the county 4 board of elections. 5 Section 3. Section 1306 of the act, amended February 13, 6 1998 (P.L.72, No.18), is amended to read: 7 Section 1306. Voting by Absentee Electors.--(a) At any time 8 after receiving an official absentee ballot, but on or before 9 [five o'clock P. M.] the close of business on the Friday prior 10 to the primary or election, the elector shall, in secret, 11 proceed to mark the ballot only in black lead pencil, indelible 12 pencil or blue, black or blue-black ink, in fountain pen or ball 13 point pen, and then fold the ballot, enclose and securely seal 14 the same in the envelope on which is printed, stamped or 15 endorsed "Official Absentee Ballot." This envelope shall then be 16 placed in the second one, on which is printed the form of 17 declaration of the elector, and the address of the elector's 18 county board of election and the local election district of the 19 elector. The elector shall then fill out, date and sign the 20 declaration printed on such envelope. Such envelope shall then 21 be securely sealed and the elector shall send same by mail, 22 postage prepaid, except where franked, or deliver it in person 23 to said county board of election: 24 Provided, however, That any elector, spouse of the elector or 25 dependent of the elector, qualified in accordance with the 26 provisions of section 1301, subsections (e), (f), (g) and (h) to 27 vote by absentee ballot as herein provided, shall be required to 28 include on the form of declaration a supporting declaration in 29 form prescribed by the Secretary of the Commonwealth, to be 30 signed by the head of the department or chief of division or 20030H1147B1354 - 5 -
1 bureau in which the elector is employed, setting forth the 2 identity of the elector, spouse of the elector or dependent of 3 the elector: 4 Provided further, That any elector who has filed his 5 application in accordance with section 1302 subsection (e) (2), 6 and is unable to sign his declaration because of illness or 7 physical disability, shall be excused from signing upon making a 8 declaration which shall be witnessed by one adult person in 9 substantially the following form: I hereby declare that I am 10 unable to sign my declaration for voting my absentee ballot 11 without assistance because I am unable to write by reason of my 12 illness or physical disability. I have made or received 13 assistance in making my mark in lieu of my signature. 14 .....................(Mark) 15 ................................... 16 (Date) 17 ............................... 18 (Signature of Witness) 19 ................................... 20 (Complete Address of Witness) 21 (b) In the event that any such elector, excepting an elector 22 in military service or any elector unable to go to his polling 23 place because of illness or physical disability, entitled to 24 vote an official absentee ballot shall be in the municipality of 25 his residence on the day for holding the primary or election for 26 which the ballot was issued, or in the event any such elector 27 shall have recovered from his illness or physical disability 28 sufficiently to permit him to present himself at the proper 29 polling place for the purpose of casting his ballot, such 30 absentee ballot cast by such elector shall, be declared void. 20030H1147B1354 - 6 -
1 Any such elector referred to in this subsection, who is 2 within the municipality of his residence, must present himself 3 at his polling place and shall be permitted to vote upon 4 presenting himself at his regular polling place in the same 5 manner as he could have voted had he not received an absentee 6 ballot: Provided, That such elector has first presented himself 7 to the judge of elections in his local election district and 8 shall have signed the affidavit on the absentee voter's 9 temporary registration card, which affidavit shall be in 10 substantially the following form: 11 I hereby swear that I am a qualified registered elector who 12 has obtained an absentee ballot, however, I am present in the 13 municipality of my residence and physically able to present 14 myself at my polling place and therefore request that my 15 absentee ballot be voided. 16 .............................. 17 (Date) (Signature of Elector) 18 ......................................... 19 (Local Judge of Elections) 20 An elector who has received an absentee ballot under the 21 emergency application provisions of section 1302.1, and for 22 whom, therefore, no temporary absentee voter's registration card 23 is in the district register, shall sign the aforementioned 24 affidavit in any case, which the local judge of elections shall 25 then cause to be inserted in the district register with the 26 elector's permanent registration card. 27 Section 4. This act shall take effect in 60 days. C11L25DMS/20030H1147B1354 - 7 -