Regular Session 2019-2020 House Bill 0493 P.N. 0481

PRINTER'S NO. 481

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

493

Session of

2019

INTRODUCED BY T. DAVIS, SHUSTERMAN, DERMODY, STURLA, ULLMAN,

IRVIN, SCHLOSSBERG, HARRIS, KORTZ, MURT, CALTAGIRONE, KINSEY,

YOUNGBLOOD, KIRKLAND, BERNSTINE, HILL-EVANS, DAVIDSON,

McCLINTON, SOLOMON, KULIK, MATZIE, GOODMAN, FREEMAN,

ISAACSON, FRANKEL, DRISCOLL, CIRESI, NEILSON, WEBSTER, SIMS,

SCHWEYER, CARROLL, McCARTER, SAPPEY, SANCHEZ, HOHENSTEIN AND

DALEY, FEBRUARY 12, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 12, 2019

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 date of application for absentee ballot, for

voting by absentee electors and for canvassing of official

absentee ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1302.1(a.2), 1306(a) and 1308(a) and (g)

(1) of the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code, are amended to read:

Section 1302.1. Date of Application for Absentee Ballot.--*

* *

(a.2) In the event any elector otherwise qualified who

becomes so physically disabled or ill between five o'clock P.M.

on the first Friday preceding any primary or election and eight

o'clock P.M. on the day of any primary or election that he is

unable to appear at his polling place or any elector otherwise

qualified who because of the conduct of his business, duties or

occupation will necessarily be absent from the municipality of

his residence on the day of the primary or election, which fact

was not and could not reasonably be known to said elector prior

to five o'clock P.M. on the first Friday preceding any primary

or election, the elector shall be entitled to an absentee ballot

if the elector completes and files with the court of common

pleas in the county in which the elector is qualified to vote an

Emergency Application or a letter or other signed document,

which includes the same information as is provided on the

Emergency Application. Upon a determination that the elector is

a qualified absentee elector under section 1301, the judge shall

issue an absentee ballot to the elector. If the elector is

unable to appear in court to receive the ballot, the judge shall

give the elector's absentee ballot to an authorized

representative of the elector who is designated in writing by

the elector. The authorized representative shall deliver the

absentee ballot to the elector and return the completed absentee

ballot, sealed in the official absentee ballot envelopes, to the

county board of elections, who shall distribute the ballot,

unopened, to the absentee voter's election district. If the

elector is unable to appear in court or unable to obtain

assistance from an authorized representative, the judge shall

direct a deputy sheriff of the county to deliver the absentee

ballot to the elector if the elector is at a physical location

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within the county and return the completed absentee ballot,

sealed in the official absentee ballot envelopes, to the county

board of elections, who shall distribute the ballots, unopened,

to the absentee voter's respective election district. If there

is no authorized representative and a deputy sheriff is

unavailable to deliver an absentee ballot under this section,

the judge may direct a constable to make such delivery in

accordance with the provisions of this section. In the case of

an elector who requires assistance in marking the elector's

ballot, the elector shall designate in writing the person who

will assist in marking the ballot. Such person shall be

otherwise eligible to provide assistance to electors eligible

for assistance, and such person shall declare in writing that

assistance was rendered. Any person other than the designee who

shall render assistance in marking a ballot or any person

rendering assistance who shall fail to execute a declaration

shall be guilty of a violation of this act. No absentee ballot

under this subsection shall be counted which is received in the

office of the county board of elections later than [eight] five

o'clock P.M. on the sixth day [of] following the primary or

election provided that the absentee ballot is postmarked on or

before the day of the primary or election.

* * *

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

provided in paragraphs (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] day of 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

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

envelope on which is printed, stamped or endorsed "Official

Absentee Ballot."

* * *

Section 1308. Canvassing of Official Absentee Ballots.--(a)

The county boards of election, upon receipt of official absentee

ballots in such envelopes, shall safely keep the same in sealed

or locked containers until they distribute same to the

appropriate local election districts in a manner prescribed by

the Secretary of the Commonwealth.

Except as provided in section 1302.1(a.2), the county board

of elections shall then distribute the absentee ballots,

unopened, to the absentee voter's respective election district

concurrently with the distribution of the other election

supplies. Absentee ballots shall be canvassed immediately and

continuously without interruption until completed after the

close of the polls on the day of the election in each election

district. The results of the canvass of the absentee ballots

shall then be included in and returned to the county board with

the returns of that district. Except as provided in section

1302.1(a.2) and subsection (g), no absentee ballot shall be

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

election later than five o'clock P.M. on the [Friday immediately

preceding] sixth day following the primary or November election

provided that the absentee ballot is postmarked on or before the

day of the primary or November election.

* * *

(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

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

sixth day following the election provided that the absentee

ballot is postmarked on or before the day of 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] on or before the day of the

election.

* * *

Section 2. This act shall apply to elections held after

January 1, 2020.

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

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