PRINTER'S NO. 472
No. 426 Session of 2007
INTRODUCED BY WONDERLING, ROBBINS, PIPPY, D. WHITE, BOSCOLA,
FONTANA, CORMAN, ERICKSON, RAFFERTY, MADIGAN, PICCOLA, FERLO,
VANCE, COSTA, GREENLEAF, MUSTO, TOMLINSON, REGOLA, STACK,
ORIE, MELLOW, EARLL, RHOADES, PILEGGI, M. WHITE, LOGAN,
WAUGH, FUMO AND BAKER, MARCH 14, 2007
REFERRED TO STATE GOVERNMENT, MARCH 14, 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 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
20070S0426B0472 - 2 -
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 November 9,
13 2006 (P.L.1330, No.137), is amended to read:
14 Section 1306. Voting by Absentee Electors.--(a) Except as
15 provided in paragraphs (1), (2) and (3), at any time after
16 receiving an official absentee ballot, but on or before five
17 o'clock P.M. on the [Friday prior to] day of the primary or
18 election, the elector shall, in secret, proceed to mark the
19 ballot only in black lead pencil, indelible pencil or blue,
20 black or blue-black ink, in fountain pen or ball point pen, and
21 then fold the ballot, enclose and securely seal the same in the
22 envelope on which is printed, stamped or endorsed "Official
23 Absentee Ballot."
24 (1) Any elector who submits an Emergency Application and
25 receives an absentee ballot in accordance with section
26 1302.1(a.2) or (c) shall mark the ballot on or before eight
27 o'clock P.M. on the day of the primary or election. This
28 envelope shall then be placed in the second one, on which is
29 printed the form of declaration of the elector, and the address
30 of the elector's county board of election and the local election
20070S0426B0472 - 3 -
1 district of the elector. The elector shall then fill out, date
2 and sign the declaration printed on such envelope. Such envelope
3 shall then be securely sealed and the elector shall send same by
4 mail, postage prepaid, except where franked, or deliver it in
5 person to said county board of election.
6 (2) Any elector, spouse of the elector or dependent of the
7 elector, qualified in accordance with the provisions of section
8 1301, subsections (e), (f), (g) and (h) to vote by absentee
9 ballot as herein provided, shall be required to include on the
10 form of declaration a supporting declaration in form prescribed
11 by the Secretary of the Commonwealth, to be signed by the head
12 of the department or chief of division or bureau in which the
13 elector is employed, setting forth the identity of the elector,
14 spouse of the elector or dependent of the elector.
15 (3) Any elector who has filed his application in accordance
16 with section 1302 subsection (e)(2), and is unable to sign his
17 declaration because of illness or physical disability, shall be
18 excused from signing upon making a declaration which shall be
19 witnessed by one adult person in substantially the following
20 form: I hereby declare that I am unable to sign my declaration
21 for voting my absentee ballot without assistance because I am
22 unable to write by reason of my illness or physical disability.
23 I have made or received assistance in making my mark in lieu of
24 my signature.
25 .....................(Mark)
26 ...................................
27 (Date)
28 ...............................
29 (Signature of Witness)
30 ...................................
20070S0426B0472 - 4 -
1 (Complete Address of Witness)
2 (4) The county board of election shall accept the absentee
3 ballot provided that it bears a postmark no later than the day
4 of the primary or election.
5 * * *
6 Section 3. This act shall take effect in 60 days.
A18L25MSP/20070S0426B0472 - 5 -