PRINTER'S NO. 1469
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1235
Session of
2019
INTRODUCED BY MARKOSEK, RAVENSTAHL, D. MILLER, LEE, KINSEY,
READSHAW, COMITTA, MURT, SCHLOSSBERG, DONATUCCI, WARREN,
T. DAVIS, KENYATTA, MULLINS, MERSKI, SHUSTERMAN, GAINEY,
DeLUCA, SAPPEY, HARRIS, HILL-EVANS, MADDEN, ZABEL, ULLMAN,
PETRARCA, KORTZ, HOHENSTEIN, SANCHEZ, YOUNGBLOOD, FREEMAN,
DRISCOLL, SCHWEYER, HOWARD, JOHNSON-HARRELL AND FRANKEL,
APRIL 17, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 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,
providing for absentee ballots for electors who are blind,
visually impaired or disabled.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 1303.1. Absentee Ballots for Electors Who are Blind,
Visually Impaired or Disabled.--(a) An elector who is blind,
visually impaired or disabled may request a special absentee
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ballot available in braille.
(b) A request for a special absentee ballot under subsection
(a) shall be made in writing to the county board of elections
where the elector is registered at least forty-five (45) days
prior to the election for which the elector is requesting the
special absentee ballot. The request shall be valid for all
elections held during the calendar year in which the request was
received and in which the applicant is eligible to vote. An
applicant shall file the appropriate absentee ballot application
as required under section 1302 for each election in which they
apply for a special absentee ballot.
(c) The Department of State shall prepare and provide the
appropriate form, which shall be available at county boards of
elections and upon request from the Department of State. An
applicant may also choose to submit a request in writing without
using the form provided if the communication contains all of the
following information:
(1) The name and registered address of the qualified
elector.
(2) A daytime telephone number.
(3) The elector's political party affiliation, if the
request for a special absentee ballot is also for a primary
election.
(4) An indication that the elector requests a braille
absentee ballot.
(d) All requests received by county boards of elections
shall be processed and forwarded to the Department of State
within twenty-four (24) hours of receipt. A county board shall
maintain a list of all individuals requesting special absentee
ballots and shall forward a copy of the list to the Department
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of State at least eighteen (18) days before the date of an
election.
(e) The Department of State shall be responsible for the
preparation and distribution of special absentee ballots. When
possible, the Department of State shall prepare the special
absentee ballot so that the voted ballot can be read by the
tabulation equipment rather than being manually reproduced by
election officials onto a machine-readable ballot.
(f) The Department of State may promulgate rules and
regulations for the procedure for the manual reproduction of
voted ballots, when necessary, and the tabulation of special
absentee ballots.
(g) The Department of State may promulgate rules and
regulations providing the procedure for the preparation and
distribution of special absentee ballots.
(h) The Department of State shall prepare and publish a
guide describing the manner in which a special absentee ballot
can be voted. The guide shall be available in print, braille,
audio or other accessible formats.
(i) The Department of State shall expand the special
absentee ballot service to other electors with disabilities, as
feasible, as determined by the Secretary of the Commonwealth,
and incorporate other accessible formats as technology and
resources allow.
Section 2. This act shall take effect in 60 days.
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