Regular Session 2019-2020 Senate Bill 0414 P.N. 1013

PRIOR PRINTER'S NO. 433

PRINTER'S NO. 1013

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

414

Session of

2019

INTRODUCED BY SCHWANK, FOLMER, KILLION, ARGALL, STREET, BAKER,

SANTARSIERO, COSTA, FARNESE, DiSANTO, K. WARD, YUDICHAK,

BLAKE, BROWNE, KEARNEY AND BREWSTER, MARCH 19, 2019

SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, JUNE 18, 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 applications for official absentee ballots, for

absentee electors files and lists, for delivering or mailing

ballots, 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(b), (e.1) and (i), 1302.3(b) and

(c), 1305, 1306 and 1308(b.1), (e) and (g) of the act of June 3,

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

Code, are amended to read:

Section 1302. Applications for Official Absentee Ballots.--*

* *

(b) The application shall contain the following information:

Home residence [at the time of entrance into actual military

service or Federal employment], length of time a citizen, length

of residence in Pennsylvania, date of birth, length of time a

resident of voting district, voting district if known, party

choice in case of primary, name and, for a military elector, his

stateside military address, FPO or APO number and serial number.

Any elector [other than a military elector] shall in addition

specify [the nature of his employment, the address to which

ballot is to be sent, relationship where necessary, and] such

other information as may be determined and prescribed by the

Secretary of the Commonwealth. When such application is received

by the Secretary of the Commonwealth it shall be forwarded to

the proper county board of election.

* * *

(e.1) Any qualified registered elector[, including any

qualified bedridden or hospitalized veteran,] who is unable

because of illness or physical disability to attend his polling

place on the day of any primary or election or operate a voting

machine and state distinctly and audibly that he is unable to do

so as required by section 1218 of this act may, with the

certification by his attending physician that he is permanently

disabled, and physically unable to attend the polls or operate a

voting machine and make the distinct and audible statement

required by section 1218 appended to the application

hereinbefore required, be placed on a permanently disabled

absentee ballot list file. An absentee ballot application shall

be mailed to every such person otherwise eligible to receive one

for each primary or election so long as he does not lose his

voting rights by failure to vote as otherwise required by this

act. Such person shall not be required to file a physician's

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certificate of disability with each application as required in

subsection (e) of this section [but such person must submit a

written statement asserting continuing disability every four

years in order to maintain his eligibility to vote under the

provisions of this subsection]. Should any such person lose his

disability he shall inform the county board of elections of the

county of his residence.

* * *

(i) Application for official absentee ballots shall be on

forms prescribed by the Secretary of the Commonwealth. The

application shall state that a voter who receives and votes an

absentee ballot pursuant to section 1301 [and who, on election

day, is capable of voting at the appropriate] shall not be

eligible to vote at a polling place [must void the absentee

ballot and vote in the normal manner at the appropriate voting

place] on election day. Such forms shall be made freely

available to the public at county board of elections, municipal

buildings and at such other locations designated by the

secretary. No written application or personal request shall be

necessary to receive the application forms. Copies of all

completed applications for official absentee ballots shall be

retained by the county board of elections.

* * *

Section 1302.3. Absentee Electors Files and Lists.--* * *

[(b) The county board of elections shall post in a

conspicuous public place at its office a master list arranged in

alphabetical order by election districts setting forth the name

and residence, and at primaries, the party enrollment, of (1)

every military elector to whom an absentee ballot is being sent,

each such name to be prefixed with an "M"; (2) every bedridden

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or hospitalized veteran outside the county of his residence who

is not registered and to whom an absentee ballot is being sent,

each such name to be prefixed with a "V"; and (3) every

registered elector who has filed his application for an absentee

ballot too late for the extraction of his original registration

card and to whom a ballot is being sent and every qualified

elector who has filed his application for an absentee ballot and

is entitled, under provisions of the Permanent Registration Law

as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting, each such name to be prefixed with a "C." This list

shall be known as the Military, Veterans and Emergency Civilians

Absentee Voters File for the Primary or Election of (date of

primary or election) and shall be posted for a period commencing

the Tuesday prior to the day of the primary or election until

the day following the primary or election or the day on which

the county board of elections certifies the returns of the

primary or election, whichever date is later. Such file shall be

open to public inspection at all times subject to reasonable

safeguards, rules and regulations. This posted list shall not

contain any military address or references to any military

organization. Upon written request, the county board shall

furnish a copy of such list to any candidate or party county

chairman.]

chief clerk shall prepare a list for each election district

showing the names and post office addresses of all voting

residents thereof to whom official absentee ballots shall have

been issued. Each such list shall be prepared in duplicate,

shall be headed "Persons in (give identity of election district)

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to whom absentee ballots have been issued for the election of

(date of election)," and shall be signed by him not less than

four days preceding the election. [He shall post the original of

each such list in a conspicuous place in the office of the

county election board and see that it is kept so posted until

the close of the polls on election day.] He shall cause the

duplicate of each such list to be delivered to the judge of

election in the election district in the same manner and at the

same time as are provided in this act for the delivery of other

election supplies[, and it shall be the duty of such judge of

election to post such duplicate list in a conspicuous place

within the polling place of his district and see that it is kept

so posted throughout the time that the polls are open]. Upon

written request, he shall furnish a copy of such list to any

candidate or party county chairman.

Section 1305. Delivering or Mailing Ballots.--

(a) The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (a) to (h),

inclusive, shall [not later than fifty days prior to the day of

the primary or not later than seventy days prior to the day of

the election commence to deliver or mail to such elector who has

included with said application a statement that he or she is

unable to vote during the regular absentee balloting period by

reason of living or performing military service in an extremely

remote or isolated area of the world, and not later than forty-

five days prior to the day of the primary or election commence

to deliver or mail to all other such electors as provided for in

section 1301, subsections (a) to (h), inclusive, official

absentee ballots or special write-in absentee ballots as

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prescribed by subsection (d) of section 1303 when official

absentee ballots are not yet printed; as additional applications

of such electors are received, the board shall deliver or mail

official absentee ballots or special write-in absentee ballots

when official absentee ballots are not yet printed to such

additional electors within forty-eight hours after approval of

their application. If the calling of a special election would

make it impossible to comply with the forty-five day delivery or

mailing requirement of this section, then the county board of

elections shall mail absentee ballots or special write-in

absentee ballots within five days of the county board's receipt

of the information necessary to prepare said ballots.

(b) The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (i) to (l),

inclusive, shall commence to deliver or mail official absentee

ballots on the second Tuesday prior to the primary or election.

For those applicants whose proof of identification was not

provided with the application or could not be verified by the

board, the board shall send the notice required under section

1302.2(d) with the absentee ballot. As additional applications

are received and approved, the board shall deliver or mail

official absentee ballots to such additional electors within

forty-eight hours.

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

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Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]

commence to deliver or mail an official absentee ballot to the

applicant as soon as the ballot is available and certified by

the board. The county board of elections may await the

resolution of a legal proceeding in a Federal or State court

pertaining to the contents of the official absentee ballot

before delivering or mailing the official absentee ballot to the

applicant. Notwithstanding whether or not the county board of

elections is awaiting the resolution of a legal proceeding in a

Federal or State court, the board shall commence to deliver or

mail an official absentee ballot to the applicant not later than

the second Tuesday before the primary or election. If the

applicant failed to provide proof of identification with the

application or the proof of identification could not be verified

by the county board of elections, the board shall send the

notice required under section 1302.2(d) to the elector. If an

application is received and approved after the time that the

county board of elections commences delivering or mailing

official absentee ballots, the board shall deliver or mail an

official absentee ballot to the elector within forty-eight

hours.

(d) Notwithstanding the provisions of this act, an elector

who is qualified under section 1301 may present an application

for an official absentee ballot in-person at the office of the

county board of elections during regular business hours. The

applicant shall not be required to include the applicant's

mailing address on the application. Upon receipt of an

application which meets the requirements under this section, the

county board of elections shall promptly deliver an official

absentee ballot unless there is a bona fide objection to the

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application.

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]

eight o'clock P.M. on the [Friday] Monday prior to 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

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

envelope on which is printed, stamped or endorsed "Official

Absentee Ballot."

(1) [Any elector who submits an Emergency Application and

receives an absentee ballot in accordance with section

1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. This

envelope shall then be placed in the second one, on which is

printed the form of declaration of the elector, and the address

of the elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.] (Reserved).

(2) Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

by the Secretary of the Commonwealth, to be signed by the head

of the department or chief of division or bureau in which the

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elector is employed, setting forth the identity of the elector,

spouse of the elector or dependent of the elector.

(3) Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

declaration because of illness or physical disability, shall be

excused from signing upon making a declaration which shall be

witnessed by one adult person in substantially the following

form: I hereby declare that I am unable to sign my declaration

for voting my absentee ballot without assistance because I am

unable to write by reason of my illness or physical disability.

I have made or received assistance in making my mark in lieu of

my signature.

.............................. .......................(Mark)

(Date)

.............................. .............................

(Complete Address of Witness) (Signature of Witness)

(b) [In the event that any such elector, excepting an

elector in military service or any elector unable to go to his

polling place because of illness or physical disability,

entitled to vote an official absentee ballot shall be in the

municipality of his residence on the day for holding the primary

or election for which the ballot was issued, or in the event any

such elector shall have recovered from his illness or physical

disability sufficiently to permit him to present himself at the

proper polling place for the purpose of casting his ballot, such

absentee ballot cast by such elector shall, be declared void.

Any such elector referred to in this subsection, who is within

the municipality of his residence, must present himself at his

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polling place and shall be permitted to vote upon presenting

himself at his regular polling place in the same manner as he

could have voted had he not received an absentee ballot:

Provided, That such elector has first presented himself to the

judge of elections in his local election district and shall have

signed the affidavit on the absentee voter's temporary

registration card, which affidavit shall be in substantially the

following form:

I hereby swear that I am a qualified registered elector who has

obtained an absentee ballot, however, I am present in the

municipality of my residence and physically able to present

myself at my polling place and therefore request that my

absentee ballot be voided.

..............................

(Date)

.............................. .............................

(Local Judge of Elections) (Signature of Elector)

An elector who has received an absentee ballot under the

emergency application provisions of section 1302.1, and for

whom, therefore, no temporary absentee voter's registration card

is in the district register, shall sign the aforementioned

affidavit in any case, which the local judge of elections shall

then cause to be inserted in the district register with the

elector's permanent registration card.] Any elector who receives

and votes an absentee ballot pursuant to section 1301 shall not

be eligible to vote at a polling place on election day. The

district register at each polling place shall clearly identify

electors who have received and voted absentee ballots as

ineligible to vote at the polling place, and district election

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officers shall not permit said electors to vote at the polling

place.

(1) deliver the ballot in person to the county board of

elections by eight o'clock P.M. on the day of the primary or

election; or

(2) mail the ballot such that it is postmarked no later than

the day immediately preceding FRIDAY BEFORE the election.

(d) (1) When a ballot is presented to a county board of

elections with a postmark that is missing or illegible, the

board may determine that the ballot was timely cast and

submitted if there are other reliable indicia of the date the

ballot was sent.

(2) A board may rely on the date given on the voter's

affidavit under paragraph (1) or on additional information

obtained from the United States Postal Service, the foreign

postal agency or the private carrier or courier service through

which the ballot was delivered.

(e) As used in this subsection:

"Postmark" means the official cancellation of postage, or

other indicia, as stamped printed or written on the delivery

envelope to indicate the date it was submitted for delivery by

the United States Postal Service, a foreign postal agency or a

recognized private common carrier or courier service.

Section 1308. Canvassing of Official Absentee Ballots.--* *

(b.1) [In all election districts in which electronic voting

systems are used, absentee ballots shall be opened at the

election district, checked for write-in votes in accordance with

section 1113-A and then either hand-counted or counted by means

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<--

of the automatic tabulation equipment, whatever the case may

be.] (Reserved).

* * *

(e) [At such time the local election board shall then

further examine the declaration on each envelope not so set

aside and shall compare the information thereon with that

contained in the "Registered Absentee Voters File," the absentee

voters' list and the "Military Veterans and Emergency Civilians

Absentee Voters File." If the local election board is satisfied

that the declaration is sufficient and the information contained

in the "Registered Absentee Voters File," the absentee voters'

list and the "Military Veterans and Emergency Civilians Absentee

Voters File" verifies his right to vote, the local election

board shall announce the name of the elector and shall give any

watcher present an opportunity to challenge any absentee elector

upon the ground or grounds (1) that the absentee elector is not

a qualified elector ; or (2) that the absentee elector was

within the municipality of his residence on the day of the

primary or election during the period the polls were open,

except where he was in military service or except in the case

where his ballot was obtained for the reason that he was unable

to appear personally at the polling place because of illness or

physical disability; or (3) that the absentee elector was able

to appear personally at the polling place on the day of the

primary or election during the period the polls were open in the

case his ballot was obtained for the reason that he was unable

to appear personally at the polling place because of illness or

physical disability. Upon challenge of any absentee elector, as

set forth herein the local election board shall mark

"challenged" on the envelope together with the reason or reasons

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therefor, and the same shall be set aside for return to the

county board unopened pending decision by the county board and

shall not be counted. All absentee ballots not challenged for

any of the reasons provided herein shall be counted and included

with the general return of paper ballots or voting machines, as

the case may be as follows. Thereupon, the local election board

shall open the envelope of every unchallenged absentee elector

in such manner as not to destroy the declaration executed

thereon. All of such envelopes on which are printed, stamped or

endorsed the words "Official Absentee Ballot" shall be placed in

one or more depositories at one time and said depository or

depositories well shaken and the envelopes mixed before any

envelope is taken therefrom. If any of these envelopes shall

contain any extraneous marks or identifying symbols other than

the words "Official Absentee Ballot," the envelopes and the

ballots contained therein shall be set aside and declared void.

The local election board shall then break the seals of such

envelopes, remove the ballots and record the votes in the same

manner as district election officers are required to record

votes. With respect to the challenged ballots, they shall be

returned to the county board with the returns of the local

election district where they shall be placed unopened in a

secure, safe and sealed container in the custody of the county

board until it shall fix a time and place for a formal hearing

of all such challenges and notice shall be given where possible

to all absentee electors thus challenged and to every attorney,

watcher or candidate who made such challenge. The time for the

hearing shall not be later than seven (7) days after the date of

said challenge. On the day fixed for said hearing, the county

board shall proceed without delay to hear said challenges and,

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in hearing the testimony, the county board shall not be bound by

technical rules of evidence. The testimony presented shall be

stenographically recorded and made part of the record of the

hearing. The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. Such appeal shall

be taken, within two (2) days after such decision shall have

been made, whether reduced to writing or not, to the court of

common pleas setting forth the objections to the county board's

decision and praying for an order reversing same. Pending the

final determination of all appeals, the county board shall

suspend any action in canvassing and computing all challenged

ballots irrespective of whether or not appeal was taken from the

county board's decision. Upon completion of the computation of

the returns of the county, the votes cast upon the challenged

official absentee ballots shall be added to the other votes cast

within the county.] (Reserved).

* * *

(g) (1) (i) 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 after five o'clock P.M. on the Friday immediately

preceding 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.] shall be canvassed in accordance with this section if

the ballot is cast, submitted and received in accordance with

the Uniformed and Overseas Citizens Absentee Voting Act (Public

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<--

Law 99-410, 100 Stat. 924) 25 PA.C.S. CH. 35 ( RELATING TO

UNIFORM MILITARY AND OVERSEAS VOTERS) or is received within the

time specified for absentee ballots by this section if that time

is longer.

(ii) An absentee ballot cast by an absentee elector as

defined in section 1301(i), (j), (k), (l), (m) and (n) shall be

canvassed in accordance with this section if the absentee ballot

is received in the office of the county board of elections by

any of the following means:

(A) Delivery in-person no later than eight o'clock P.M. on

the day of the primary or election.

(B) First class mail no later than five o'clock P.M. on the

seventh day following FRIDAY BEFORE the election if the absentee

ballot is postmarked no later than the day immediately preceding

the election .

(2) The county board of elections shall meet on the [eighth]

third day following the election to canvass the absentee ballots

received under this subsection and subsection (h)(2) until the

deadline for receipt of the absentee ballots. One authorized

representative of each candidate in an election and one

representative from each political party shall be permitted to

remain in the room in which the absentee ballots are canvassed.

Representatives shall be permitted to challenge any absentee

elector in accordance with the provisions of paragraph (3).

(3) When the county board meets to canvass absentee ballots

under paragraph (2), the board shall examine the declaration on

the envelope of each ballot not set aside under subsection (d)

and shall compare the information thereon with that contained in

the "Registered Absentee Voters File," the absentee voters' list

and/or the "Military Veterans and Emergency Civilians Absentee

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<--

Voters File," whichever is applicable. If the county board has

verified the proof of identification as required under this act

and is satisfied that the declaration is sufficient and the

information contained in the "Registered Absentee Voters File,"

the absentee voters' list and/or the "Military Veterans and

Emergency Civilians Absentee Voters File" verifies his right to

vote, the county board shall announce the name of the elector

and shall give any candidate representative or party

representative present an opportunity to challenge any absentee

elector upon the ground or grounds: (i) that the absentee

elector is not a qualified elector; or (ii) that the absentee

elector was [within the municipality of his residence on the day

of the primary or election during the period the polls were

open, except where he was in the military service or except in

the case where his ballot was obtained for the reason that he

was unable to appear personally at the polling place because of

illness or physical disability; or (iii) that the absentee

elector was able to appear personally at the polling place on

the day of the primary or election during the period the polls

were open in the case his ballot was obtained for the reason

that he was unable to appear personally at the polling place

because of illness or physical disability.] not otherwise

qualified to cast an absentee ballot. Upon challenge of any

absentee elector, as set forth herein, the board shall mark

"challenged" on the envelope together with the reasons therefor,

and the same shall be set aside unopened pending final

determination of the challenge according to the procedure

described in paragraph (5).

(4) All absentee ballots not challenged for any of the

reasons provided in paragraph (3) shall be counted and included

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with the returns of the applicable election district as follows.

The county board shall open the envelope of every unchallenged

absentee elector in such manner as not to destroy the

declaration executed thereon. If any of the envelopes on which

are printed, stamped or endorsed the words "Official Absentee

Ballot" contain any extraneous marks or identifying symbols, the

envelopes and the ballots contained therein shall be set aside

and declared void. The county board shall then break the seals

of such envelopes, remove the ballots and record the votes.

(5) With respect to the challenged ballots, they shall be

placed unopened in a secure, safe and sealed container in the

custody of the county board until it shall fix a time and place

for a formal hearing of all such challenges, and notice shall be

given where possible to all absentee electors thus challenged

and to every individual who made a challenge. The time for the

hearing shall not be later than five (5) days after the date of

the challenge. On the day fixed for said hearing, the county

board shall proceed without delay to hear said challenges, and,

in hearing the testimony, the county board shall not be bound by

the Pennsylvania Rules of Evidence. The testimony presented

shall be stenographically recorded and made part of the record

of the hearing.

(6) The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. The appeal shall

be taken, within two (2) days after the decision was made,

whether the decision was reduced to writing or not, to the court

of common pleas setting forth the objections to the county

board's decision and praying for an order reversing the

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decision.

(7) Pending the final determination of all appeals, the

county board shall suspend any action in canvassing and

computing all challenged ballots received under this subsection

irrespective of whether or not appeal was taken from the county

board's decision. Upon completion of the computation of the

returns of the county, the votes cast upon the challenged

official absentee ballots that have been finally determined to

be valid shall be added to the other votes cast within the

county.

* * *

Section 2. This act shall take effect in 90 days.

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