PRINTER'S NO. 1678
No. 1150 Session of 2004
INTRODUCED BY WONDERLING, PIPPY, ROBBINS, D. WHITE, KUKOVICH,
ERICKSON, MUSTO, EARLL, DENT, WENGER, BOSCOLA, MOWERY,
RHOADES, SCHWARTZ, ORIE, GREENLEAF, LEMMOND, C. WILLIAMS,
LOGAN, M. WHITE, ARMSTRONG, STACK, RAFFERTY, CORMAN AND
WAUGH, JUNE 9, 2004
REFERRED TO STATE GOVERNMENT, JUNE 9, 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 delivering of mailing
12 ballots, for notice to county board of elections and for
13 voting by absentee electors.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 1305(a) and 1305.1 of the act of June 3,
17 1937 (P.L.1333, No.320), known as the Pennsylvania Election
18 Code, amended or added December 17, 1990 (P.L.681, No.169), are
19 amended to read:
20 Section 1305. Delivering or Mailing Ballots.--
21 (a) The county board of elections upon receipt and approval
22 of an application filed by any elector qualified in accordance
1 with the provisions of section 1301, subsections (a) to (h),
2 inclusive, shall not later than [fifty] ninety days prior to the
3 day of the primary or not later than [seventy] ninety days prior
4 to the day of the election commence to deliver or mail to such
5 elector who has included with said application a statement that
6 he or she is unable to vote during the regular absentee
7 balloting period by reason of living or performing military
8 service in an extremely remote or isolated area of the world,
9 and not later than forty-five days prior to the day of the
10 primary or election commence to deliver or mail to all other
11 such electors as provided for in section 1301, subsections (a)
12 to (h), inclusive, official absentee ballots or special write-in
13 absentee ballots as prescribed by subsection (d) of section 1303
14 when official absentee ballots are not yet printed; as
15 additional applications of such electors are received, the board
16 shall deliver or mail official absentee ballots or special
17 write-in absentee ballots when official absentee ballots are not
18 yet printed to such additional electors within forty-eight hours
19 after approval of their application. If the calling of a special
20 election would make it impossible to comply with the forty-five
21 day delivery or mailing requirement of this section, then the
22 county board of elections shall mail absentee ballots or special
23 write-in absentee ballots within five days of the county board's
24 receipt of the information necessary to prepare said ballots.
25 * * *
26 Section 1305.1. Notice to County Board of Elections.--(a)
27 At least [fifty] ninety days prior to a primary, the Secretary
28 of the Commonwealth shall transmit to the county board of
29 elections a list of candidates who have filed a nominating
30 petition with him and who are not known to have withdrawn or
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1 been disqualified, conforming, to the extent possible, with the
2 requirements of section 916.
3 (b) At least [seventy] ninety days prior to an election, the
4 Secretary of the Commonwealth shall transmit to the county board
5 of elections a list, as he knows it to exist at that time, of
6 candidates to be voted on in the county at the election, as well
7 as a copy of all constitutional amendments and other questions
8 to be voted on at such election, together with a statement of
9 the form in which they are to be placed on the ballot,
10 conforming to the extent possible with the requirements of
11 section 984.
12 Section 2. Section 1306(a) of the act, amended February 13,
13 1998 (P.L.72, No.18), is amended to read:
14 Section 1306. Voting by Absentee Electors.--(a) At any time
15 after receiving an official absentee ballot, but on or before
16 [five o'clock P. M. on the Friday prior to] the day of the
17 primary or election, the elector shall, in secret, proceed to
18 mark the ballot only in black lead pencil, indelible pencil or
19 blue, black or blue-black ink, in fountain pen or ball point
20 pen, and then fold the ballot, enclose and securely seal the
21 same in the envelope on which is printed, stamped or endorsed
22 "Official Absentee Ballot." This envelope shall then be placed
23 in the second one, on which is printed the form of declaration
24 of the elector, and the address of the elector's county board of
25 election and the local election district of the elector. The
26 elector shall then fill out, date and sign the declaration
27 printed on such envelope. Such envelope shall then be securely
28 sealed and the elector shall send same by mail, postage prepaid,
29 except where franked, or deliver it in person to said county
30 board of election:
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1 Provided, however, That any elector, spouse of the elector or
2 dependent of the elector, qualified in accordance with the
3 provisions of section 1301, subsections (e), (f), (g) and (h) to
4 vote by absentee ballot as herein provided, shall be required to
5 include on the form of declaration a supporting declaration in
6 form prescribed by the Secretary of the Commonwealth, to be
7 signed by the head of the department or chief of division or
8 bureau in which the elector is employed, setting forth the
9 identity of the elector, spouse of the elector or dependent of
10 the elector:
11 Provided further, That any elector who has filed his
12 application in accordance with section 1302 subsection (e) (2),
13 and is unable to sign his declaration because of illness or
14 physical disability, shall be excused from signing upon making a
15 declaration which shall be witnessed by one adult person in
16 substantially the following form: I hereby declare that I am
17 unable to sign my declaration for voting my absentee ballot
18 without assistance because I am unable to write by reason of my
19 illness or physical disability. I have made or received
20 assistance in making my mark in lieu of my signature.
21 .....................(Mark)
22 ...................................
23 (Date)
24 ...............................
25 (Signature of Witness)
26 ...................................
27 (Complete Address of Witness)
28 The said county board of election shall accept said absentee
29 ballot provided that it bears a postmark no later than the day
30 of the primary or election.
20040S1150B1678 - 4 -
1 * * *
2 Section 3. This act shall take effect in 60 days.
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