THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSHALL, S. H. SMITH, TURZAI, CIVERA, MAJOR, STERN, PHILLIPS, SAYLOR, ROAE, PAYNE, SCHRODER, BARRAR, GRELL, REICHLEY, MUSTIO, KAUFFMAN, ROCK, VEREB, ADOLPH, BAKER, BEAR, BOYD, BROOKS, CAUSER, CLYMER, CREIGHTON, CUTLER, DALLY, DENLINGER, EVERETT, FARRY, FLECK, GABLER, GEIST, GINGRICH, GROVE, HARRIS, HELM, HESS, HICKERNELL, M. KELLER, KNOWLES, MARSICO, MENSCH, METZGAR, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURT, O'NEILL, PICKETT, READSHAW, REED, ROHRER, SCAVELLO, SONNEY, STEVENSON, SWANGER, TRUE, VULAKOVICH, WATSON AND HARHART, JUNE 23, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 23, 2009  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in voting by qualified absentee electors, further

providing for applications for official absentee ballots;

providing for system of transmitting absentee ballots;

further providing for delivering or mailing ballots, for

voting by absentee electors and for canvassing of official

absentee ballots; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1302(b) and (c) of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, amended February 19, 1998 (P.L.72, No.18) and December 9,

2002 (P.L.1246, No.150), are amended to read:

Section 1302.  Applications for Official Absentee Ballots.--*

* *

(b)  (1)  The application shall contain the following

information: Home residence at the time of entrance into actual

military service or Federal employment, length of time a

citizen, length of residence in Pennsylvania, date of birth,

length of time a resident of voting district, voting district if

known, party choice in case of primary, name and, for a military

elector, his stateside military address, FPO or APO number and

serial number. Any elector other than a military elector shall

in addition specify the nature of his employment, the address to

which ballot is to be sent, relationship where necessary, and

such other information as may be determined and prescribed by

the Secretary of the Commonwealth.

(2)  The application shall provide a qualified elector, as

defined in section 1302(a), (b), (c), (d), (e), (f), (g) or (h),

or a person who is subject to the Uniformed and Overseas

Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),

the option to receive an official absentee ballot by secure

facsimile method or other secure electronic means in lieu of

receiving the absentee ballot by mail or other form of delivery.

The elector shall specify in the application the complete

facsimile number to which the ballot may be sent, inclusive of

international dialing codes and other necessary information, or

any information determined by the Secretary of the Commonwealth

to be necessary for the elector to receive the ballot by other

secure electronic means.

(3)  When such application is received by the Secretary of

the Commonwealth it shall be forwarded to the proper county

board of election.

(c)  The application of any qualified elector, as defined in

section 1301(a), (b), (c), (d), (e), (f), (g) and (h), for an

official absentee ballot in any primary or election may not be

made over the signature of any person, other than the qualified

elector or an adult member of his immediate family, as required

in the preceding subsection. A qualified absentee military or

overseas elector, as defined by the Uniformed and Overseas

Citizens Absentee Voting Act [(Public Law 99-410, 100 Stat.

924)], may submit his application for an official absentee

ballot by secure facsimile method [if the original application

is received prior to the election by the county election office.

The absentee ballot of the qualified military or overseas

elector shall not be counted unless the elector's original

application is received prior to the election by the county

election office. The facsimile method shall not be acceptable

for the official absentee ballot] or other secure electronic

means.

Section 2.  The act is amended by adding a section to read:

Section 1304.1.  System of Transmitting Absentee Ballots.--

The Secretary of the Commonwealth shall establish a system for

the transmission of official absentee ballots to qualified

electors, as defined in section 1301(a), (b), (c), (d), (e),

(f), (g) or (h), or to persons who are subject to the Uniformed

and Overseas Citizens Absentee Voting Act (Public Law 99-140,

100 Stat. 924), by secure facsimile method or other secure

electronic means as an alternative to those electors and persons

receiving absentee ballots through delivery by mail or other

forms of delivery. The county board of elections shall transmit

an official absentee ballot by either secure facsimile method or

other secure electronic means if the application received by the

county indicates that the qualified elector, as defined in

section 1301(a), (b), (c), (d), (e), (f), (g) or (h), or the

person who is subject to the Uniformed and Overseas Citizens

Absentee Voting Act requested the official absentee ballot by

those means.

Section 3.  Section 1305 of the act, amended August 13, 1963

(P.L.707, No.379) and December 17, 1990 (P.L.681, No.169), is

amended to read:

Section 1305.  Delivering or Mailing Ballots.--

(a)  The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (a) to (h),

inclusive, shall not later than fifty days prior to the day of

the primary or not later than seventy days prior to the day of

the election commence to deliver [or], mail or transmit by

secure facsimile method or other secure electronic means to such

elector who has included with said application a statement that

he or she is unable to vote during the regular absentee

balloting period by reason of living or performing military

service in an extremely remote or isolated area of the world,

and not later than forty-five days prior to the day of the

primary or election commence to deliver [or], mail or transmit

by secure facsimile method or other secure electronic means to

all other such electors as provided for in section 1301,

subsections (a) to (h), inclusive, official absentee ballots or

special write-in absentee ballots as prescribed by subsection

(d) of section 1303 when official absentee ballots are not yet

printed; as additional applications of such electors are

received, the board shall deliver [or], mail or transmit by

secure facsimile method or other secure electronic means

official absentee ballots or special write-in absentee ballots

when official absentee ballots are not yet printed to such

additional electors within forty-eight hours after approval of

their application. If the calling of a special election would

make it impossible to comply with the forty-five day delivery or

mailing requirement of this section, then the county board of

elections shall deliver, mail or transmit by secure facsimile

method or other secure electronic means absentee ballots or

special write-in absentee ballots within five days of the county

board's receipt of the information necessary to prepare said

ballots.

(b)  The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (i) to (l),

inclusive, shall commence to deliver [or], mail or transmit by

secure facsimile method or other secure electronic means

official absentee ballots on the second Tuesday prior to the

primary or election. As additional applications are received and

approved, the board shall deliver [or], mail or transmit by

secure facsimile method or other secure electronic means

official absentee ballots to such additional electors within

forty-eight hours.

(c)  The county board of elections may transmit an official

absentee ballot by secure facsimile method or other secure

electronic means only to a qualified elector, as defined in

section 1301(a), (b), (c), (d), (e), (f), (g) and (h), or to a

person who is subject to the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924), if so

directed by the elector or person in the application, as

provided under section 1302(b)(2).

Section 4.  Section 1306(a) of the act, amended November 9,

2006 (P.L.1330, No.137), is amended to read:

Section 1306.  Voting by Absentee Electors.--(a)  Except as

provided in paragraphs (1), (1.1), (2) and (3), at any time

after receiving an official absentee ballot, but on or before

five o'clock P.M. on the Friday prior to the primary or

election, the elector shall, in secret, proceed to mark the

ballot only in black lead pencil, indelible pencil or blue,

black or blue-black ink, in fountain pen or ball point pen, and

then fold the ballot, enclose and securely seal the same in the

envelope on which is printed, stamped or endorsed "Official

Absentee Ballot."

(1)  Any elector who submits an Emergency Application and

receives an absentee ballot in accordance with section

1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. This

envelope shall then be placed in the second one, on which is

printed the form of declaration of the elector, and the address

of the elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

(1.1)  (i)  Any qualified elector defined in section 1301(a),

(b), (c), (d), (e), (f), (g) and (h) or person who is subject to

the Uniformed and Overseas Citizen Absentee Voting Act of 1986

(P.L.99-410, 100 Stat. 924) may return an absentee ballot by

secure facsimile method or other secure electronic means. The

Secretary of the Commonwealth shall establish a system for the

return of official absentee ballots by secure facsimile method

or other secure electronic means. All such ballots must be

received by the applicable county board of elections no later

than eight o'clock P.M. on the day of the election.

(ii)  Nothing in this paragraph shall excuse an absentee

elector defined under the provisions of section 1301(e), (f),

(g) and (h) from the requirements of paragraph (2).

(2)  Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

by the Secretary of the Commonwealth, to be signed by the head

of the department or chief of division or bureau in which the

elector is employed, setting forth the identity of the elector,

spouse of the elector or dependent of the elector.

(3)  Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

declaration because of illness or physical disability, shall be

excused from signing upon making a declaration which shall be

witnessed by one adult person in substantially the following

form: I hereby declare that I am unable to sign my declaration

for voting my absentee ballot without assistance because I am

unable to write by reason of my illness or physical disability.

I have made or received assistance in making my mark in lieu of

my signature.

                                  .....................(Mark)

...................................

          (Date)

                              ...............................

                                    (Signature of Witness)

...................................

(Complete Address of Witness)

* * *

Section 5.  Section 1308(g)(1) of the act, added May 12, 2006

(P.L.178, No.45), is amended to read:

Section 1308.  Canvassing of Official Absentee Ballots.--* *

*

(g)  (1)  An absentee ballot cast by any absentee elector as

defined in section 1301(a), (b), (c), (d), (e), (f), (g) and (h)

which is received in the office of the county board of elections

after five o'clock P.M. on the Friday immediately preceding the

election and no later than five o'clock P.M. on the seventh day

following an election shall be canvassed in accordance with this

subsection if the absentee ballot is postmarked no later than

the day immediately preceding the election or returned to the

county board of elections in accordance with section 1306(a)

(1.1).

* * *

Section 6.  The sum of $250,000 is hereby appropriated from

the General Fund to the Department of State to provide for the

expenses of the department, and for the department to distribute

to county boards of election who need Commonwealth assistance to

implement the provisions of this act.

Section 7.  This act shall take effect in 60 days.