Regular Session 2019-2020 House Bill 1059 P.N. 1221

PRINTER'S NO. 1221

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1059

Session of

2019

INTRODUCED BY MATZIE, SHUSTERMAN, SNYDER, FRANKEL, KULIK, KORTZ,

DERMODY, RABB, McNEILL, HARKINS, MURT, KINSEY, YOUNGBLOOD,

HILL-EVANS, BERNSTINE, McCLINTON, SOLOMON, GOODMAN, ISAACSON,

WEBSTER, SCHWEYER, DALEY, MARSHALL, OTTEN, MADDEN, DAVIDSON

AND COMITTA, APRIL 5, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 5, 2019

AN ACT

Providing for elections conducted by mail.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Elections by

Mail Authorization Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission." A registration commission as established under

25 Pa.C.S. § 1203 (relating to commissions).

"County." A county of this Commonwealth. The term includes a

county within which is located a city of the first class or with

which a city of the first class is coextensive.

"County board." The county board of elections of a county in

this Commonwealth.

"District register." The cards containing all or any part of

the registry list of registered electors of the same election

district, as prepared by the appropriate commissions.

"Election." A general, municipal, primary or special

election as those terms are defined in section 102 of the

Election Code.

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

known as the Pennsylvania Election Code.

"Election district." A district, division or precinct

established under the Election Code, within which all registered

electors vote.

"Mail." A letter or other materials collected by the United

States Postal Service for delivery to the office of the county

board in accordance with this act.

"Mail ballot." An official election ballot mailed under this

act via United States Postal Service mail.

"Measures." Any of the following submitted to the electorate

for approval or rejection at an election:

(1) A proposed law or an act or part of an act of the

General Assembly.

(2) A revision of or an amendment to the Constitution of

Pennsylvania.

(3) Local, ordinance or municipal legislation.

(4) A ballot referendum or question.

"Municipality." A city, borough, town or township.

"Nonforwarding mail." Mail collected for delivery by the

United States Postal Service which cannot be forwarded or mailed

to an address other than the mailing address inscribed on the

materials mailed, regardless of whether a change of address has

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been received and processed by the United States Postal Service,

and which is conspicuously stamped "DO NOT FORWARD" by the

sender.

"Party." As defined in 25 Pa.C.S. § 1102 (relating to

definitions).

"Place of deposit" or "places of deposit." A place or

location designated by the secretary or the county board with

the approval of the secretary where registered electors may

deposit mail ballots for collection by election officials. A

place of deposit may be a county election office, a public

building under the control of or supervised by the county or by

an agency of the Commonwealth or any other location in a county

designated by the county board as approved by the secretary.

"Polling place." The room provided in each election district

for voting at an election.

"Qualified elector." An applicant who possesses all of the

qualifications for voting prescribed by the Constitution of

Pennsylvania and the laws of this Commonwealth or who, being

otherwise qualified by continued residence in the election

district, obtains such qualifications before the next ensuing

election.

"Registered elector." A qualified elector who is registered

to vote in accordance with 25 Pa.C.S. (relating to elections).

"Replacement mail ballot." A duplicate or replacement ballot

provided to a registered elector in accordance with sections 5

and 6.

"Secretary." The Secretary of the Commonwealth.

"United States Postal Service." The agency of the United

States Government that is responsible for the collection and

delivery of classes of mail.

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Section 3. Conduct of elections by mail.

(a) Authority of secretary.--Notwithstanding any provision

of the Election Code or any other act of the General Assembly to

the contrary, the secretary shall provide for the conduct of

elections held on the date of a Statewide primary, general or

special election in this Commonwealth by mail ballot. The

secretary shall adopt and promulgate regulations to govern the

uniform conduct of elections by mail ballot.

(b) Regulations.--The secretary shall adopt and promulgate

regulations to govern the uniform conduct of elections by mail

ballot in accordance with section 4(a).

consultation with the secretary, conduct municipal elections

administered by the county board by mail ballot. In deciding to

conduct an election by mail, the county board may consider

requests from the governing body of the county or a municipality

in the county and shall consider whether conducting the election

by mail will be economically and administratively feasible.

Section 4. Duties of secretary.

(a) Duties of secretary.--The following apply:

(1) In order to facilitate the speedy implementation of

this act, the secretary shall promulgate, adopt and use

guidelines to implement this act.

(2) The secretary shall transmit notice of the

guidelines under paragraph (1) to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin.

(3) The guidelines under paragraph (1) shall be subject

to review under section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, and sections 204(b) and 301(10) of the act of October

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15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

(4) The guidelines shall not be subject to review under

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

(5) The guidelines shall be effective for a period of

not more than two years from the effective date of this act.

(6) After the expiration of the two-year period, the

guidelines shall expire and shall be replaced by regulations

which shall have been promulgated, adopted and published as

provided by law. The regulations shall include, but not be

limited to, requirements and criteria to govern the

following:

(i) The conduct of mail balloting, including

instructions for registered electors.

(ii) Any challenge of and by registered electors.

(iii) The proper handling and safeguarding of mail

ballots to ensure the integrity of the election.

(iv) The designation of places of deposit for mail

ballots cast in elections conducted by mail. The

secretary shall collaborate with county boards in

designating places of deposit.

(v) The dates and time the places of deposit shall

be open for receipt of mail ballots.

(vi) The security requirements for the places of

deposit.

(vii) The requirements for a sign or signs to

advertise the location of places of deposit. At each

place of deposit designated by the secretary under this

subsection, the secretary shall cause to be prominently

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displayed a sign or signs stating that the location is an

official mail ballot place of deposit.

(viii) The preparation and publication of all

notices and advertisements that may be required in

connection with conduct of elections by mail.

(ix) Notice requirements.

(x) Any other procedure, requirement or criteria the

secretary determines will facilitate the implementation

of this act.

(b) Duties of election board.--For an election proposed to

be conducted by mail under this act, the county board shall

notify each registered elector by mail that voting in the

voter's election district may be conducted by mail ballot. The

notice shall be made no later than 60 days preceding the date of

the election. If the county board conducts an election by mail,

the county board shall:

(1) Mail, by nonforwarding mail, a mail ballot with a

return identification envelope and a secrecy envelope to each

registered elector of the election district as of the 30th

day before the date of the election. The mail ballot shall be

mailed to registered electors no sooner than the 21st day

before the date of an election conducted by mail and no later

than the 14th day before the date of the election.

(2) Notwithstanding paragraph (1), if the election board

determines that a registered elector of the election district

as of the 30th day before the date of the election does not

receive daily mail from the United States Postal Service, the

election board shall mail, by nonforwarding mail, a mail

ballot with a return identification envelope and a secrecy

envelope to the registered elector not sooner than the 25th

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day before the date of an election conducted by mail and not

later than the 20th day before the date of the election.

(3) Number, in chronological order, the application for

a replacement mail ballot, which number shall likewise appear

legibly and in a conspicuous place on the replacement mail

ballot issued to the registered elector for an election

conducted by mail in accordance with section 6. Before a

replacement mail ballot is distributed, the county board

shall remove the number on the mail ballot. The removed

number shall be inserted in and shall become a part of the

registered elector's file.

(4) In the case of registered electors determined to be

inactive, the county board may forward an inactive registered

elector either a mail ballot or an application to receive a

mail ballot. If the inactive registered elector returns a

voted mail ballot, the mail ballot shall be counted and the

registered elector's status restored to active. If the

inactive voter completes and returns an application, a mail

ballot shall be sent and the voter's status restored to

active. The mail ballot or the application for a mail ballot

shall be forwarded in the manner and within the period of

time prescribed under paragraphs (1) and (2).

Section 5. Procedures for conducting election by mail.

(a) Primary elections conducted by mail.--For a primary

election conducted by mail, the following shall apply:

(1) The county board shall mail the mail ballot of a

party to each registered elector who is duly registered and

enrolled as a member of a party as of the 30th day preceding

the date of the primary election. The mail ballot shall be

mailed to registered electors no sooner than the 21st day

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before the date of the primary election conducted by mail and

no later than the 14th day before the election.

(2) In the case of registered electors with no party

affiliation, if the primary election ballot provides for a

measure or question, each registered elector shall be mailed

a mail ballot limited to those measures or questions for

which the registered elector is eligible to vote.

(b) Registration, modifications or changes.--If a registered

elector modifies or changes the registered elector's

registration after the deadline for registration provided under

25 Pa.C.S. (relating to elections), the county board shall make

the mail ballot, the return identification envelope and the

secrecy envelope available either by nonforwarding mail, at the

county board's office or at another place designated by the

county board.

(1) All mail ballots for an election conducted by mail

shall be paper ballots and shall conform with the

requirements of Article X of the Election Code.

(2) In addition to the requirements of the Election

Code, the mail ballot for an election conducted by mail shall

contain a warning conspicuously placed in boldface type as

follows:

Any person, who, by use of force or other means,

unduly influences a registered elector to vote in a

particular manner or to refrain from voting, may be

subject, upon conviction, to imprisonment or to a

fine, or both.

(d) Procedures for registered electors.--Upon receipt of a

mail ballot, the registered elector shall do all of the

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following:

(1) Mark the mail ballot, sign the return identification

envelope supplied with the mail ballot and comply with the

instructions outlined in the mail ballot.

(2) Return the marked mail ballot to the offices of the

county board by first class United States Postal Service

mail, by depositing the mail ballot at the office of the

county board, at a place of deposit or at any other place

designated to receive mail ballots on the day of the election

as approved and designated by the secretary or the county

board.

(3) Return the mail ballot in the return identification

envelope. If a registered elector returns a mail ballot by

United States Postal Service mail, the registered elector

shall provide first class postage and the mail ballot shall

be postmarked not later than the date of the election, except

that the mail ballot must be received at the office of the

county board, the designated place of deposit or at any other

location approved by the secretary no later than the official

close of polling places on the day of the election conducted

by mail, unless the time for receiving mail ballots is

extended by the secretary due to extenuating circumstances.

(e) Voting at polling places.--Notwithstanding any other

provision of law to the contrary, a registered elector who has

obtained a mail ballot under this act may appear in person at

any polling place in the registered elector's election district

for the purpose of marking and returning the mail ballot. The

county board shall provide, at polling places in election

districts, at least three suitable compartments, shelves or

tables at which registered electors with mail ballots may mark

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and return the mail ballots. The compartments, shelves or tables

shall be arranged in a manner as to ensure that the registered

elector may conveniently mark the registered elector's mail

ballot with absolute privacy. It shall be the duty of the county

board to advertise the location of the polling places.

(f) Replacement mail ballot.--A registered elector may

obtain a replacement mail ballot if the original mail ballot is

destroyed, defaced, damaged, lost or not received by the

registered elector. Replacement mail ballots shall be issued and

processed in accordance with section 6. The county board shall

keep a record of each replacement mail ballot provided under

this subsection. Notwithstanding the deadline for mailing mail

ballots provided under section 4, a replacement mail ballot may

be mailed, made available in the office of the county board or

made available at a central location in the election district in

which the election by mail is conducted. The county board shall

designate the central location. The county board shall not be

required to mail a replacement mail ballot after the fifth day

preceding the date of the election.

(g) Ballot canvassing.--A mail ballot shall be counted only

if:

(1) It is returned in the return identification

envelope.

(2) The envelope is signed by the registered elector to

whom the mail ballot is issued.

(3) The signature of the registered elector is verified

as provided in subsection (h).

(h) Verification of signatures.--The county board shall

verify the signature of each registered elector on the return

identification envelope with the signature on the registered

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elector's registration card and may give a registered elector

the opportunity to update a signature, according to the

procedures provided by regulations adopted by the secretary. If

the county board determines that a registered elector to whom a

replacement mail ballot has been issued has voted more than

once, the county board shall count only one mail ballot cast by

that registered elector.

(i) Right to cast vote.--At the official close of polling

places on the day of an election conducted by mail, a registered

elector who is at the polling place, at a site designated as a

place of deposit or at any other location designated by the

secretary or county board to receive mail ballots under this

act, and who is in line waiting to mark and return or to deposit

a voted mail ballot shall be considered to have begun the

process of voting and shall not be refused the right to vote.

Section 6. Replacement mail ballots.

(a) Authority to issue.--In an election conducted by mail, a

registered elector may be issued a replacement mail ballot under

section 5(f). A request for a replacement mail ballot may be

made electronically, by telephone, in writing, in person or by

other means designated by regulation of the secretary. To vote

using a replacement mail ballot, the registered elector must

complete and sign a replacement mail ballot request form

attesting that the registered elector's original mail ballot was

lost, destroyed, damaged, defaced or not received.

(b) Requirements.--All of the following shall apply to

voting by replacement mail ballot in an election conducted by

mail:

(1) To vote using a replacement mail ballot, a

registered elector must complete and sign a replacement mail

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ballot request form.

(2) The replacement mail ballot request form shall be

mailed or made available to the registered elector along with

the replacement mail ballot.

(3) Upon receiving a request for a replacement mail

ballot, the county board shall:

(i) Verify the registration of the registered

elector and ensure that another mail ballot has not been

returned by the registered elector.

(ii) Note in the district register that the

registered elector has requested a replacement mail

ballot and transcribe the number of the replacement mail

ballot provided to the registered elector in the district

(iii) Note the replacement mail ballot number and

mark the return identification envelope clearly so that

it may be readily identified as a replacement mail

ballot.

(iv) Issue the replacement mail ballot by mail or by

any other means approved by the secretary.

Upon receipt of a voted replacement mail ballot, the county

board shall verify that a completed and signed replacement mail

ballot request form has been received by the county board or is

included with the voted replacement mail ballot. If a request

form has been completed and signed by a registered elector and

received by the county board, the county board shall process the

mail ballot. If the request form is not completed or signed by a

registered elector or received by the county board, the county

board shall not process the mail ballot. Nothing in this section

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shall be construed to prevent or prohibit a registered elector

whose replacement mail ballot is rejected from voting at the

registered elector's polling place on the day of the election.

Section 7. Personnel for counting mail ballots at election

conducted by mail.

The county board may employ personnel as necessary to open

envelopes, prepare mail ballots for counting and count mail

ballots. Personnel shall not all be members of the same

political party or a person who is a candidate on the ballot at

an election. A person who is a relative, including the parent,

spouse, child, sibling, son-in-law, daughter-in-law, mother-in-

law, father-in-law, brother-in-law, sister-in-law, aunt, uncle,

niece, nephew, cousin, stepparent or stepchild, of a candidate

on the ballot at an election or any other person affiliated with

the candidate's nomination or campaign for election shall not be

employed or serve as a volunteer in the capacity described under

this section.

Section 8. Preparation for counting mail ballots delivered by

mail.

Not sooner than the seventh day before the date of an

election, in preparation for counting mail ballots delivered by

mail, the county board may begin opening return identification

and secrecy envelopes of mail ballots delivered to the offices

of the county board, and may take any other actions necessary to

allow the counting of mail ballots delivered by mail to begin on

Election Day.

Section 9. Reports.

The secretary shall conduct a study of and report on the

initial election conducted by mail under this act. The report

shall be submitted to the General Assembly no later than six

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months following the date on which the secretary certifies the

results of the election. The study and report shall:

(1) Include a statistical analysis of the impact on

voter participation.

(2) Determine whether irregularities occurred as a

result of the election.

(3) Assess the feasibility of making elections by mail

the primary means of conducting elections in this

Commonwealth.

(4) Any other information or recommendations the

secretary may deem warranted.

Section 10. Applicability of Election Code.

The Election Code is applicable to elections conducted by

mail and mail balloting of paper ballots except as provided

under this act or under guidelines and regulations adopted by

the secretary.

Section 11. Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 12. Effective date.

This act shall take effect immediately.

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