PRINTER'S NO. 1520
No. 1236 Session of 2007
INTRODUCED BY RAPP, CAUSER, PYLE, SONNEY, BARRAR, BENNINGHOFF, CALTAGIRONE, CARROLL, CREIGHTON, DENLINGER, FAIRCHILD, GEIST, GEORGE, GINGRICH, GRELL, HARPER, HARRIS, HENNESSEY, HERSHEY, KAUFFMAN, M. KELLER, KORTZ, McILHATTAN, MILLARD, R. MILLER, MILNE, PHILLIPS, PICKETT, READSHAW, ROHRER, RUBLEY, SAYLOR, STERN AND SWANGER, MAY 4, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 4, 2007
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 absentee electors files and 12 lists. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 1302.3 of the act of June 3, 1937 16 (P.L.1333, No.320), known as the Pennsylvania Election Code, 17 amended December 11, 1968 (P.L.1183, No.375), is amended to 18 read: 19 Section 1302.3. Absentee Electors Files and Lists.--(a) The 20 county board of elections shall maintain at its office a file 21 containing the duplicate absentee voter's temporary registration
1 cards of every registered elector to whom an absentee ballot has 2 been sent. Such duplicate absentee voter's temporary 3 registration cards shall be filed by election districts and 4 within each election district in exact alphabetical order and 5 indexed. The registration cards so filed shall constitute the 6 Registered Absentee Voters File for the Primary or Election of 7 (date of primary or election) and shall be kept on file for a 8 period commencing the Tuesday prior to the day of the primary or 9 election until the day following the primary or election or the 10 day the county board of elections certifies the returns of the 11 primary or election, whichever date is later. Such file shall be 12 open to public inspection at all times subject to reasonable 13 safeguards, rules and regulations[.], including requiring any 14 individual who asks to inspect the file to identify himself, and 15 present identification that includes a photograph and signature, 16 by signing his name and printing his name and address on a form 17 prepared by the county board. The county board of elections 18 shall post in a conspicuous public place at its office a sign 19 stating that the file is open to public inspection upon 20 completion of the form. 21 (b) The county board of elections shall [post in a 22 conspicuous public place] maintain at its office a master list 23 arranged in alphabetical order by election districts setting 24 forth the name and residence, and at primaries, the party 25 enrollment, of (1) every military elector to whom an absentee 26 ballot is being sent, each such name to be prefixed with an "M"; 27 (2) every bedridden or hospitalized veteran outside the county 28 of his residence who is not registered and to whom an absentee 29 ballot is being sent, each such name to be prefixed with a "V"; 30 and (3) every registered elector who has filed his application 20070H1236B1520 - 2 -
1 for an absentee ballot too late for the extraction of his 2 original registration card and to whom a ballot is being sent 3 and every qualified elector who has filed his application for an 4 absentee ballot and is entitled, under provisions of the 5 Permanent Registration Law as now or hereinafter enacted by the 6 General Assembly, to absentee registration prior to or 7 concurrently with the time of voting, each such name to be 8 prefixed with a "C." This list shall be known as the Military, 9 Veterans and Emergency Civilians Absentee Voters File for the 10 Primary or Election of (date of primary or election) [and shall 11 be posted for a period commencing the Tuesday prior to the day 12 of the primary or election until the day following the primary 13 or election or the day on which the county board of elections 14 certifies the returns of the primary or election, whichever date 15 is later]. Such [file] list shall be open to public inspection 16 at all times subject to reasonable safeguards, rules and 17 regulations[.], including requiring any individual who asks to 18 inspect the list to identify himself, and present identification 19 that includes a photograph and signature, by signing his name 20 and printing his name and address on a form prepared by the 21 county board. The county board of elections shall post in a 22 conspicuous public place at its office a sign stating that the 23 list is open to public inspection upon completion of the form. 24 This [posted] list shall not contain any military address or 25 references to any military organization. Upon written request, 26 the county board shall furnish a copy of such list to any 27 candidate or party county chairman. 28 (c) Not less than five days preceding the election, the chief 29 clerk shall prepare a list for each election district showing 30 the names and post office addresses of all voting residents 20070H1236B1520 - 3 -
1 thereof to whom official absentee ballots shall have been 2 issued. Each such list shall be prepared in duplicate, shall be 3 headed "Persons in (give identity of election district) to whom 4 absentee ballots have been issued for the election of (date of 5 election)," and shall be signed by him not less than four days 6 preceding the election. He shall [post the original of each such 7 list in a conspicuous place] maintain the original of each list 8 in the office of the county election board [and see that it is 9 kept so posted until the close of the polls on election day]. 10 Each list shall be open to public inspection at all times 11 subject to reasonable safeguards, rules and regulations, 12 including requiring any individual who asks to inspect a list to 13 identify himself, and present identification that includes a 14 photograph and signature, by signing his name and printing his 15 name and address on a form prepared by the county board. The 16 chief clerk shall post in a conspicuous public place in the 17 office of the county election board a sign stating that the list 18 is open to public inspection upon completion of the form. Upon 19 written request, the chief clerk shall furnish a copy of such 20 list to any candidate or party county chairman. He shall cause 21 the duplicate of each such list to be delivered to the judge of 22 election in the election district in the same manner and at the 23 same time as are provided in this act for the delivery of other 24 election supplies, and it shall be the duty of such judge of 25 election to [post] maintain such duplicate list [in a 26 conspicuous place] within the polling place of his district [and 27 see that it is kept so posted] throughout the time that the 28 polls are open. [Upon written request, he shall furnish a copy 29 of such list to any candidate or party county chairman.] The 30 judge of election shall make the duplicate list available for 20070H1236B1520 - 4 -
1 inspection on the day of the election or primary subject to 2 reasonable safeguards, rules and regulations including requiring 3 any individual who asks to inspect a list to identify himself, 4 and present identification that includes a photograph and 5 signature, by signing his name and printing his name and address 6 on a form prepared by the county board. The judge of election 7 shall post in a conspicuous public place within the polling 8 place of his district a sign stating that the duplicate list is 9 open to public inspection upon completion of the form. 10 Section 2. This act shall take effect in 60 days. D5L25DMS/20070H1236B1520 - 5 -