PRINTER'S NO. 4071
No. 2712 Session of 2004
INTRODUCED BY McCALL, JOSEPHS, BEBKO-JONES, BELFANTI, BIANCUCCI,
CORRIGAN, COY, CRUZ, DAILEY, DeLUCA, DENLINGER, FAIRCHILD,
FRANKEL, FREEMAN, GEIST, GERGELY, GOODMAN, GRUCELA, HERMAN,
LAUGHLIN, LEACH, MANDERINO, MANN, NAILOR, O'NEILL, READSHAW,
REICHLEY, ROEBUCK, SANTONI, STABACK, SURRA, THOMAS, TIGUE,
WANSACZ, WASHINGTON, WHEATLEY AND YOUNGBLOOD, JUNE 15, 2004
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 15, 2004
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 voting by absentee
12 electors.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1306 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 amended February 13, 1998 (P.L.72, No.18), is amended to read:
18 Section 1306. Voting by Absentee Electors.--(a) At any time
19 after receiving an official absentee ballot, but on or before
20 [five o'clock P. M.] the close of business on the [Friday]
21 Monday prior to the primary or election, the elector shall, in
1 secret, proceed to mark the ballot only in black lead pencil,
2 indelible pencil or blue, black or blue-black ink, in fountain
3 pen or ball point pen, and then fold the ballot, enclose and
4 securely seal the same in the envelope on which is printed,
5 stamped or endorsed "Official Absentee [Ballot."] Ballot":
6 Provided, however, That any elector who submits an Emergency
7 Application and receives an absentee ballot in accordance with
8 section 1302.1 shall mark the ballot on or before the close of
9 business on the day of the primary or election. This envelope
10 shall then be placed in the second one, on which is printed the
11 form of declaration of the elector, and the address of the
12 elector's county board of election and the local election
13 district of the elector. The elector shall then fill out, date
14 and sign the declaration printed on such envelope. Such envelope
15 shall then be securely sealed and the elector shall send same by
16 mail, postage prepaid, except where franked, or deliver it in
17 person to said county board of election:
18 Provided, however, That any elector, spouse of the elector or
19 dependent of the elector, qualified in accordance with the
20 provisions of section 1301, subsections (e), (f), (g) and (h) to
21 vote by absentee ballot as herein provided, shall be required to
22 include on the form of declaration a supporting declaration in
23 form prescribed by the Secretary of the Commonwealth, to be
24 signed by the head of the department or chief of division or
25 bureau in which the elector is employed, setting forth the
26 identity of the elector, spouse of the elector or dependent of
27 the elector:
28 Provided further, That any elector who has filed his
29 application in accordance with section 1302 subsection (e) (2),
30 and is unable to sign his declaration because of illness or
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1 physical disability, shall be excused from signing upon making a
2 declaration which shall be witnessed by one adult person in
3 substantially the following form: I hereby declare that I am
4 unable to sign my declaration for voting my absentee ballot
5 without assistance because I am unable to write by reason of my
6 illness or physical disability. I have made or received
7 assistance in making my mark in lieu of my signature.
8 .....................(Mark)
9 ...................................
10 (Date)
11 ...............................
12 (Signature of Witness)
13 ...................................
14 (Complete Address of Witness)
15 (b) In the event that any such elector, excepting an elector
16 in military service or any elector unable to go to his polling
17 place because of illness or physical disability, entitled to
18 vote an official absentee ballot shall be in the municipality of
19 his residence on the day for holding the primary or election for
20 which the ballot was issued, or in the event any such elector
21 shall have recovered from his illness or physical disability
22 sufficiently to permit him to present himself at the proper
23 polling place for the purpose of casting his ballot, such
24 absentee ballot cast by such elector shall, be declared void.
25 Any such elector referred to in this subsection, who is
26 within the municipality of his residence, must present himself
27 at his polling place and shall be permitted to vote upon
28 presenting himself at his regular polling place in the same
29 manner as he could have voted had he not received an absentee
30 ballot: Provided, That such elector has first presented himself
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1 to the judge of elections in his local election district and
2 shall have signed the affidavit on the absentee voter's
3 temporary registration card, which affidavit shall be in
4 substantially the following form:
5 I hereby swear that I am a qualified registered elector who
6 has obtained an absentee ballot, however, I am present in the
7 municipality of my residence and physically able to present
8 myself at my polling place and therefore request that my
9 absentee ballot be voided.
10 ..............................
11 (Date) (Signature of Elector)
12 .........................................
13 (Local Judge of Elections)
14 An elector who has received an absentee ballot under the
15 emergency application provisions of section 1302.1, and for
16 whom, therefore, no temporary absentee voter's registration card
17 is in the district register, shall sign the aforementioned
18 affidavit in any case, which the local judge of elections shall
19 then cause to be inserted in the district register with the
20 elector's permanent registration card.
21 Section 2. This act shall apply to all elections conducted
22 after December 31, 2005.
23 Section 3. This act shall take effect in 60 days.
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