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PRINTER'S NO. 1977
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1558
Session of
2019
INTRODUCED BY O'MARA, DERMODY, A. DAVIS, McCLINTON, T. DAVIS,
WARREN, HILL-EVANS, MURT, SCHLOSSBERG, SOLOMON, GOODMAN,
MATZIE, BRIGGS, ISAACSON, FRANKEL, McNEILL, MULLINS, FREEMAN,
DEASY, PASHINSKI, INNAMORATO, SIMS, SCHWEYER, DALEY,
HANBIDGE, CIRESI, MADDEN, DAVIDSON, KINSEY, WEBSTER, FLYNN,
ROZZI, YOUNGBLOOD, HOHENSTEIN, DELLOSO, KORTZ, RAVENSTAHL,
MALAGARI AND HOWARD, JUNE 4, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 4, 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," providing for early voting in elections.
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 an
article to read:
ARTICLE XII-A
EARLY VOTING IN ELECTIONS
Section 1201-A. Conduct of early voting.
(a) Authority to conduct.--Notwithstanding law or regulation
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to the contrary, each county board shall provide for a period of
early voting in elections as provided for in this article.
(b) Issuance of ballots and voting booths.--The following
apply:
(1) If a request is made to vote early by a registered
elector, the county board shall issue a ballot to the
registered elector, except in districts where voting machines
are used in accordance with Article XI, for in-person early
voting. Except as otherwise provided in this article, all
ballots issued to registered electors for early voting must
be voted on the premises of the county board and returned to
the county board.
(2) On the dates for early voting prescribed in section
1203-A, each county board shall provide voting booths with
voting machines and other suitable equipment for voting on
the premises of the county board and at any other early
voting polling place designated by the county board for the
conduct of early voting in accordance with this article.
(c) Maintenance of list.--The county board shall maintain a
list of all registered electors in each election district who
vote during the early voting period. The list must be maintained
for each election district in the county. Before the opening of
the polls on election day, the county board shall deliver to the
judges of elections in each election district the list of
registered electors who have voted by early ballot.
Section 1202-A. Permanent polling places for early voting.
The following apply:
(1) A county board may establish permanent polling
places for in-person early voting at locations throughout the
county in which the county board has jurisdiction, including
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but not limited to any school, county building or any other
office or building owned or maintained by the county. A
registered elector entitled to early voting may do so at any
polling place established by the county board for early
voting.
(2) During each election, the county board, in a county
with a population of over 250,000, shall establish at least
one permanent polling place for in-person early voting at a
location within each of the three largest municipalities
within the county board's jurisdiction. If the population of
any of the three largest municipalities in the county is over
80,000, the county board shall establish at least two
permanent polling places within the municipality. All
population figures shall be determined by the most recent
Federal decennial census.
(3) During each election, the county board in a county
with a municipality with a population of over 100,000, shall
establish at least three permanent polling places for in-
person early voting.
(4) During each election, the county board in a county
with a population of over 100,000 but under 250,000, shall
establish at least one permanent polling place for in-person
early voting.
(5) The location for early voting may be the county
board's main office or any other location designated by the
county board for early voting. The county board may designate
additional sites for in-person early voting as the county
board deems appropriate.
(6) No permanent polling place designated for early
voting in accordance with this section shall be located
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within 1.5 miles of another permanent polling place required
under this section, unless the permanent polling place is
within a municipality with a population of 500,000 or more.
(7) All population figures enumerated in this section
shall be determined by the most recent Federal decennial
census.
Section 1203-A. Period for early voting.
(a) Commencement and end of early voting.--The period for
in-person early voting shall begin the 30th day preceding the
date of an election and extend through the end of the day before
election day.
(b) Schedules of early voting.--Except as provided under
subsection (c), the following apply:
(1) Except as provided under paragraphs (2) and (3), a
permanent polling place for early voting must remain open
beginning the 30th day before an election through the end of
the day before election day as follows:
(i) during the hours of 8:30 a.m. to 4:30 p.m. or
9:00 a.m. to 5:00 p.m. on weekdays; and
(ii) during the hours of 9:00 a.m. to 12:00 p.m. on
Saturdays and holidays and 10:00 a.m. to 4:00 p.m. on
Sundays.
(2) Eight days before election day a permanent polling
place for early voting must remain open during the hours of
8:30 a.m. to 7:00 p.m. or 9:00 a.m. to 7:00 p.m.
(3) In addition to the hours prescribed under paragraphs
(1) and (2), a permanent polling place designated by a county
board under section 1202-A must remain open for a total of at
least eight hours on any holiday during the early voting
period and a total of at least 14 hours on the final weekend
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during the early voting period.
(c) Emergency closure of polling place.--Notwithstanding
subsection (b), a county board may close an early voting polling
place if the building in which the polling place is located has
been closed by a State, county or local agency in response to a
severe weather emergency or other emergency. The county board
shall notify the Secretary of the Commonwealth of any closure
and shall make reasonable efforts to provide notice to the
public of an alternative polling place for early voting.
Section 1204-A. Designation of temporary polling places.
(a) Temporary polling places.--In addition to permanent
polling places for early voting under section 1202-A, the county
board may establish temporary polling places for early voting.
(b) Applicability of schedule.--The following apply:
(1) The schedules for the conduct of early voting under
section 1203-A(b) shall not apply to temporary polling
places. Early voting at temporary polling places may be
conducted on any one or more days and during any hours within
the early voting period established for in-person early
voting under section 1203-A(b), as determined by the county
board.
(2) The schedules for the conduct of early voting at a
temporary polling place do not need to be uniform among the
temporary polling places.
Section 1205-A. Use of public building as polling places.
(a) Polling places in public buildings.--The following
apply:
(1) Upon request by a county board, the governing body
of a municipality shall make public buildings within the
county available as permanent or temporary early voting
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polling places without charge. Any request to use a public
building shall include reasonably necessary time before and
after the period that early voting will be conducted at the
public building.
(2) A municipality making a public building available as
a permanent or temporary early voting polling place shall
ensure that any portion of the building made available is
accessible to voters with disabilities and elderly voters.
Section 1206-A. Publication of early voting locations and
schedules.
(a) Notice.--During the week immediately preceding the
commencement of early voting and at least once each week during
the period of early voting, the county board shall publish in a
newspaper of general circulation in the county a schedule
stating:
(1) the location of each permanent and temporary early
voting polling place and the election districts served by
each such polling place; and
(2) the dates and hours that early voting will be
conducted at each temporary early voting polling place.
(b) Posting requirements.--Each county board shall post a
copy of the schedule at an office or other location that is to
be used as a temporary early voting polling place. The schedule
must be posted continuously for a period beginning not later
than the 10th day before the commencement of early voting and
ending on the last day of the early voting period.
(c) Copies.--The county board must make copies of the
schedule available to the public in reasonable quantities
without charge during the period of posting.
(d) Electronic posting.--If the county board maintains a
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publicly accessible Internet website, the county board shall
make the schedule available on the website.
(e) Prohibition and exception after schedule publication.--
The following apply:
(1) No additional permanent early voting polling places
may be established after the schedule is published under this
section.
(2) Additional temporary early voting polling places may
be established after the schedule is published if the
temporary early voting polling places are open to all
registered electors. The locations, dates and hours of all
additional temporary early voting polling places shall be
reported to the Secretary of the Commonwealth and posted on
the county board's publicly accessible Internet website.
Section 1207-A. List of polling places.
At least 10 days before the commencement of early voting,
each county board shall provide the Secretary of the
Commonwealth with a list of all permanent and temporary early
voting polling places and the hours each polling place will be
open for early voting.
Section 2. This act shall take effect immediately.
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