THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ROBBINS, ALLOWAY, BAKER, BOSCOLA, BROWNE, COSTA, ERICKSON, FOLMER, FONTANA, HUGHES, MENSCH, ORIE, PIPPY, RAFFERTY, SCHWANK, SOLOBAY, TOMLINSON, VOGEL, WAUGH, D. WHITE AND YUDICHAK, SEPTEMBER 20, 2011

REFERRED TO STATE GOVERNMENT, SEPTEMBER 20, 2011  

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, enacting the Uniform Military and Overseas Voters

Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 25 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 35

UNIFORM MILITARY AND OVERSEAS VOTERS

Sec.

3501.  Short title of chapter.

3502.  Definitions.

3503.  Duties and responsibilities of secretary.

3504.  (Reserved).

3505.  Registering to vote.

3506.  Methods of applying for military-overseas ballot.

3507.  Timeliness and scope of ballot application.

3508.  Transmission of unvoted ballots.

3509.  Timely casting of ballot.

3510.  Federal write-in absentee ballot.

3511.  Receipt of voted ballot.

3512.  Confirmation of receipt of application and voted ballot.

3513.  (Reserved).

3514.  Election notices.

3515.  Prohibition of nonsubstantive requirements.

3516.  Equitable relief.

3517.  Uniformity of application and construction.

3518.  Relation to Electronic Signatures in Global and National

Commerce Act.

3519.  Construction.

§ 3501.  Short title of chapter.

This chapter shall be known and may be cited as the Uniform

Military and Overseas Voters Act.

§ 3502.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Active uniformed-service voter."  A uniformed-service voter

who meets all of the following paragraphs:

(1)  Is:

(i)  a member of the active or reserve components of

the Army, Navy, Air Force, Marine Corps or Coast Guard of

the United States; or

(ii)  a member of the National Guard or the

Pennsylvania National Guard.

(2)  Is on active duty.

(3)  Maintains a voting residence in this Commonwealth.

(4)  Otherwise satisfies the voter eligibility

requirements of the Commonwealth.

"County election board."  Officials having jurisdiction over

the conduct of elections in a county under the act of June 3,

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

Code.

"Covered voter."  All of the following:

(1)  A uniformed-service voter who is registered to vote

in this Commonwealth.

(2)  An overseas voter who is registered to vote in this

Commonwealth.

(3)  A uniformed-service voter who is not registered to

vote in this Commonwealth but who otherwise satisfies the

voter eligibility requirements of this Commonwealth.

(4)  An overseas voter who is not registered to vote in

this Commonwealth but who otherwise satisfies the voter

eligibility requirements of this Commonwealth, including

residency requirements.

"Dependent."  An individual recognized as a dependent by a

uniformed service.

"Election."  A general election, municipal election, special

election or primary election.

"Election Code."  The act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, and the provisions of

this title other than this chapter.

"Election district."  A district, division or precinct

established under the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, in which all qualified

electors are eligible to vote in the same polling place.

"Federal postcard application."  The application prescribed

under section 101(b)(2) of the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff(b)

(2)). The term includes the application's electronic equivalent.

"Federal write-in absentee ballot."  The ballot described in

section 103 of the Uniformed and Overseas Citizens Absentee

Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-2).

"FWAB declaration."  The declaration which accompanies the

Federal write-in absentee ballot.

"General election."  The election which the Constitution of

Pennsylvania requires to be held in even-numbered years.

"Military-overseas ballot."  All of the following:

(1)  A Federal write-in absentee ballot.

(2)  A ballot specifically prepared or distributed for

use by a covered voter in accordance with this chapter.

(3)  A ballot cast by a covered voter in accordance with

this chapter.

"Municipal election."  The election which the Constitution of

Pennsylvania requires to be held in odd-numbered years.

"Overseas voter."  A qualified elector who is outside the

United States.

"Primary election."  An election held for the purpose of

nominating candidates for public offices to be voted for at a

general election or a municipal election.

"Qualified elector."  An individual who:

(1)  possesses all of the qualifications for voting

prescribed by the Constitution of Pennsylvania and the laws

of this Commonwealth; or

(2)  being otherwise qualified by continued residence in

the individual's election district, obtains qualifications

under paragraph (1) before the next ensuing election.

"Secretary."  The Secretary of the Commonwealth.

"Special election."  An election authorized by law, other

than a general election, a municipal election or a primary

election.

"State."  A state of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United

States.

"State declaration."  The declaration prescribed by the

secretary under section 3503(c)(4) (relating to duties and

responsibilities of secretary).

"Uniformed service."  All of the following:

(1)  Active and reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard of the United States.

(2)  The United States merchant marine, the Commissioned

Corps of the Public Health Service of the Department of

Health and Human Services or the Commissioned Corps of the

National Oceanic and Atmospheric Administration of the United

States.

(3)  The National Guard and the Pennsylvania National

Guard.

"Uniformed-service voter."  A qualified elector who is one of

the following:

(1)  A member of the active or reserve components of the

Army, Navy, Air Force, Marine Corps or Coast Guard of the

United States who is on active duty.

(2)  A member of the United States merchant marine, the

Commissioned Corps of the Public Health Service of the

Department of Health and Human Services or the Commissioned

Corps of the National Oceanic and Atmospheric Administration

of the United States.

(3)  A member on activated status of the National Guard

or Pennsylvania National Guard.

(4)  A spouse or dependent of an individual referred to

in paragraph (1), (2) or (3).

(5)  A veteran of a uniformed service who is bedridden or

hospitalized due to illness or physical disability.

"United States."  When used in the territorial sense, the

several states, the District of Columbia, Puerto Rico, the

Virgin Islands and any territory or insular possession subject

to the jurisdiction of the United States.

§ 3503.  Duties and responsibilities of secretary.

(a)  Responsible official.--The secretary is the official in

the Commonwealth responsible for implementing this chapter and

the Commonwealth's responsibilities under the Uniformed and

Overseas Citizens Absentee Voting Act (Public Law 99-410, 42

U.S.C. § 1973ff et seq.).

(b)  Information to covered voters.--The secretary shall make

available to covered voters information regarding voter

registration procedures for covered voters and procedures for

casting military-overseas ballots.

(c)  Other duties.--The secretary shall do all of the

following:

(1)  Establish an electronic transmission system through

which a covered voter may apply for and receive voter

registration materials, military-overseas ballots and other

information under this chapter.

(2)  Develop standardized absentee-voting materials and

their electronic equivalents, authentication materials and

voting instructions to be used with the military-overseas

ballot of a voter authorized to vote in any jurisdiction in

this Commonwealth.

(3)  To the extent reasonably possible, coordinate with

other states to carry out the provisions of this subsection.

(4)  Prescribe the form and content of a declaration for

use by a covered voter who does not use the Federal write-in

absentee ballot in accordance with the following:

(i)  The declaration shall require the covered voter

to swear or affirm, under penalty of perjury, specific

representations pertaining to the voter's:

(A)  identity;

(B)  eligibility to vote;

(C)  status as a covered voter; and

(D)  timely and proper completion of a military-

overseas ballot.

(ii)  The declaration shall be based on the FWAB

declaration, as modified to be consistent with this

chapter.

(iii)  The secretary shall ensure that a form for the

execution of the declaration, including an indication of

the date of execution of the declaration, is a prominent

part of all balloting materials for which the declaration

is required.

§ 3504.  (Reserved).

§ 3505.  Registering to vote.

(a)  General rule.--A covered voter who desires to vote in an

election but who is not registered must register to vote within

the time periods required by the Election Code. Notwithstanding

the provisions of subsection (b)(2) or any other law, neither an

active uniformed-service voter nor a veteran of a uniformed

service who is bedridden or hospitalized due to illness or

physical disability shall be required to register to vote prior

to or simultaneous with the submission of a military-overseas

ballot.

(b)  Simultaneous registration.--

(1)  A covered voter may use the Federal postcard

application to register to vote and to apply for a military-

overseas ballot at the same time.

(2)  A uniformed-service voter may use the Federal write-

in absentee ballot to register to vote and to vote at the

same time.

(3)  The use of the Federal postcard application under

paragraph (1) and the Federal write-in absentee ballot under

paragraph (2) to register to vote is in addition to any other

registration method allowed by law.

(c)  Electronic transmission system.--The secretary shall

ensure that the electronic transmission system described in

section 3503(c) (relating to duties and responsibilities of

secretary) is capable of accepting a Federal postcard

application and any other approved electronic registration

application sent to the appropriate county election board. The

voter may use the electronic transmission system or any other

approved method to register to vote.

(d)  Construction.--Nothing in this section shall require a

covered voter to register to vote, prior to or concurrently with

voting, if the covered voter is otherwise entitled under

applicable provisions of the Election Code or any other statute

to vote without registering.

§ 3506.  Methods of applying for military-overseas ballot.

(a)  Registered voters.--A covered voter who is registered to

vote in this Commonwealth may apply for a military-overseas

ballot using either the absentee ballot application provided

under the Election Code or the Federal postcard application.

(b)  Nonregistered voters.--A covered voter who is not

registered to vote in this Commonwealth may use a Federal

postcard application to simultaneously register to vote under

section 3505 (relating to registering to vote) and to apply for

a military-overseas ballot.

(c)  Electronic transmission system.--

(1)  The secretary shall ensure that the electronic

transmission system described in section 3503(c) (relating to

duties and responsibilities of secretary) is capable of

accepting the submission of both a Federal postcard

application and any other approved electronic

military-overseas ballot application sent to the appropriate

county election board.

(2)  The covered voter may use the electronic

transmission system or any other approved method to apply for

a military-overseas ballot.

(d)  Use of Federal write-in absentee ballot.--A

uniformed-service voter may use the Federal write-in absentee

ballot to apply for a military-overseas ballot and to vote at

the same time.

(e)  Status of a covered voter.--To receive the benefits of

this chapter, a covered voter must inform the appropriate county

election board that the voter is a covered voter. Methods of

informing the appropriate county election board that a voter is

a covered voter include all of the following:

(1)  The use of a Federal postcard application or Federal

write-in absentee ballot.

(2)  The use of an overseas address on an approved voter

registration application or ballot application.

(3)  The inclusion on an approved voter registration

application or ballot application of other information

sufficient to identify the voter as a covered voter.

(f)  Construction.--Nothing in this chapter shall preclude a

covered voter from voting absentee under applicable provisions

of the Election Code.

§ 3507.  Timeliness and scope of ballot application.

(a)  General rule.--A covered voter may apply at any time

before an election for a military-overseas ballot.

(b)  Standing request.--

(1)  An application for a military-overseas ballot for a

primary election shall be considered a standing request for a

military-overseas ballot for a special election, a general

election or a municipal election, occurring subsequent to the

primary election in the same calendar year.

(2)  A county election board shall provide a military-

overseas ballot to a voter who makes a standing request for

each election to which the request is applicable.

(c)  E-mail address information.--

(1)  A county election board shall provide an opportunity

for each covered voter who registers to vote after the

effective date of this section to furnish the county election

board with an e-mail address, unless the information has

already been provided by the covered voter. A separate

mailing shall not be required for the county election board

to comply with this paragraph. Any contact the county

election board has with a covered voter who registers to vote

after the effective date of this section in which the voter's

e-mail address is requested is sufficient.

(2)  An e-mail address provided by a covered voter may

not be made available to the public or any individual or

organization other than an authorized agent of the county

election board and shall be exempt from disclosure under the

act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

(3)  The e-mail address may be used only for official

communication with the voter about the voting process,

including transmitting military-overseas ballots and ballot

materials, if the voter has requested electronic

transmission, and verifying the voter's mailing address and

physical location.

(4)  A special request for an e-mail address shall

describe the purposes for which the e-mail address may be

used and include a statement that any other use or disclosure

of the e-mail address is prohibited.

§ 3508.  Transmission of unvoted ballots.

(a)  General rule.--Subject to subsection (b), for an

election for which the Commonwealth has not received a waiver

under section 102(g)(2) of the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-1(g)

(2)), the following apply:

(1)  Except as set forth in paragraph (2), not later than

45 days before the election, the county election board in

each jurisdiction participating in the election shall

transmit a ballot and balloting materials to all covered

voters who by that date submit a valid military-overseas

ballot application. Notwithstanding 1 Pa.C.S. § 1908

(relating to computation of time), if the 45th day before the

election is a Saturday, Sunday or holiday, the ballot and

materials shall be transmitted not later than the business

day preceding the 45th day.

(2)  If the calling of a special election would make it

impossible to comply with paragraph (1), the county election

board shall transmit the ballot and balloting materials

within five days following receipt of the county election

board's receipt of the information necessary to prepare the

ballots and materials.

(b)  Covered voters in extremely remote or isolated areas.--

(1)  Except as set forth in paragraph (2), not later than

50 days before a primary election and not later than 70 days

before a general election or a municipal election, the county

election board in each jurisdiction participating in the

election shall transmit a ballot and balloting materials to

all covered voters in extremely remote or isolated areas, as

those terms are defined or used by the Department of Defense,

who by that date submit a valid military-overseas ballot

application. Notwithstanding 1 Pa.C.S. § 1908, if the 50th

day or the 70th day preceding the applicable election is a

weekend or holiday, ballots and materials shall be

transmitted not later than the business day preceding the

50th or 70th day, respectively.

(2)  If the calling of a special election would make it

impossible to comply with paragraph (1), the county election

board shall transmit the ballot and balloting materials

within five days following receipt of the county election

board's receipt of the information necessary to prepare the

ballots and materials.

(c)  Method of transmission.--A covered voter may request

that a ballot and balloting materials be sent to the voter by

mail or by Internet delivery. The county election board shall

transmit the ballot and balloting materials to the voter using

the means of transmission chosen by the voter.

(d)  Receipt of additional applications.--If a ballot

application from a covered voter arrives after the county

election board begins transmitting ballots and balloting

materials to voters, the county election board shall transmit a

ballot and ballot materials to the voter not later than 48 hours

after the application is received.

§ 3509.  Timely casting of ballot.

To be valid:

(1)  a military-overseas ballot must be received by the

appropriate county election board not later than the close of

the polls; or

(2)  the voter must submit the ballot for mailing or

other authorized means of delivery not later than 11:59 p.m.

at the place where the voter completes the ballot on the date

immediately preceding the date of the election.

§ 3510.  Federal write-in absentee ballot.

A covered voter may use a Federal write-in absentee ballot to

vote for all offices and ballot measures in an election.

§ 3511.  Receipt of voted ballot.

(a)  Delivery governs.--A valid military-overseas ballot cast

under section 3509 (relating to timely casting of ballot) shall

be counted if it is delivered by 5 p.m. on the seventh day

following the election to the address that the appropriate

county election board has specified.

(b)  Rule regarding postmarks.--If, at the time of completing

a military-overseas ballot and balloting materials, the voter

has declared under penalty of perjury that the ballot was timely

submitted, the ballot may not be rejected on the basis that it

has a late postmark, an unreadable postmark or no postmark.

§ 3512.  Confirmation of receipt of application and voted

ballot.

The secretary, in coordination with county election boards,

shall implement an electronic free-access system by which a

covered voter may determine by telephone, e-mail or Internet

website whether:

(1)  the voter's Federal postcard application or other

registration or military-overseas ballot application has been

received and accepted; and

(2)  the voter's military-overseas ballot has been

received and the current status of the ballot.

§ 3513.  (Reserved).

§ 3514.  Election notices.

(a)  Preparation of notice.--At least 90 days before an

election other than a special election and as soon as

practicable before a special election, the county election board

in each jurisdiction participating in the election shall prepare

an election notice for that jurisdiction to be used in

conjunction with a Federal write-in absentee ballot. The

election notice shall contain all of the following:

(1)  A list of all of the ballot measures and Federal,

Commonwealth and local offices which, as of the date of the

notice, the county election board expects to be on the ballot

on the date of the election.

(2)  Specific instructions for how a covered voter is to

indicate on the Federal write-in absentee ballot the voter's

choice for each office to be filled and for each ballot

measure to be contested.

(b)  Request for notice.--A covered voter may request a copy

of an election notice prepared under subsection (a). The county

election board shall send the notice to the covered voter by

facsimile, e-mail, over the Internet or by regular mail, as the

voter requests.

(c)  Updated notices.--The county election board shall update

the notice prepared under subsection (a) with the names of the

candidates for each office and the specific information about

ballot questions, promptly upon becoming aware of the existence

of the candidates and ballot questions, and shall make the

updated notice publicly available.

(d)  Availability of notice.--A county election board that

maintains a publicly accessible Internet website shall make the

election notice prepared under subsection (a) and updated

versions of the election notice available on the Internet

website.

§ 3515.  Prohibition of nonsubstantive requirements.

(a)  Mistake, omission or failure to satisfy.--None of the

following shall invalidate a document submitted under this

chapter:

(1)  A voter's mistake or omission in the completion of a

document under this chapter as long as the mistake or

omission does not prevent determining whether a covered voter

is eligible to vote.

(2)  Failure to satisfy a nonsubstantive requirement,

such as using paper or envelopes of a specified size or

weight.

(b)  Write-in ballots.--In a write-in ballot authorized by

this chapter or in a vote for a write-in candidate on a regular

ballot used by a covered voter, if the intention of the voter is

discernable under the standards that define what constitutes a

valid vote developed pursuant to section 204(h) of the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, an abbreviation, misspelling or other minor

variation in the form of the name of a candidate or a political

party shall be accepted as a valid vote.

(c)  Notarization.--Notarization is not required for the

execution of a document to be submitted under this chapter. An

authentication, other than the state declaration or the FWAB

declaration, is not required for execution of a document under

this chapter. The state declaration and FWAB declaration, and

any information in either declaration, may be compared with

information on file to ascertain the validity of the document.

§ 3516.  Equitable relief.

A court may issue an injunction or grant equitable relief

appropriate to ensure substantial compliance with, or enforce,

this chapter on application by any of the following:

(1)  A covered voter alleging a grievance under this

chapter.

(2)  An authorized officer or agent of a county election

board.

§ 3517.  Uniformity of application and construction.

In applying and construing this chapter, consideration shall

be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

§ 3518.  Relation to Electronic Signatures in Global and

National Commerce Act.

To the extent permitted by section 102 of the Electronic

Signatures in Global and National Commerce Act (Public Law

106-229, 15 U.S.C. § 7002), this chapter may modify or supersede

provisions of that act.

§ 3519.  Construction.

This chapter is intended to be read in concert with the

Election Code. Unless otherwise specifically provided in this

chapter, if any provision of this chapter is inconsistent with a

provision of the Election Code, the provisions of this chapter

shall prevail.

Section 2.  This act shall apply to elections which occur

after January 1, 2013.

Section 3.  This act shall take effect in 60 days.