See other bills
under the
same topic
                                                      PRINTER'S NO. 1354

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
    20030H1147B1354                  - 3 -     

     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 -