PRINTER'S NO. 434
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
415
Session of
2019
INTRODUCED BY FOLMER, SCHWANK, KILLION, STEFANO, ARGALL,
SANTARSIERO, COSTA, FARNESE, K. WARD, BROWNE, KEARNEY AND
BREWSTER, MARCH 19, 2019
REFERRED TO STATE GOVERNMENT, MARCH 19, 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 permanent early voting.
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 1302.4. Permanent Early Voting.--A qualified elector
approved under section 1302.2 for an absentee ballot may apply
to be included on a permanent early voting list. The following
shall apply:
(1) A qualified elector must make a written request on an
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application supplied by the qualified elector's county board of
election to ad d the elector's name to the permanent early voting
list for each election in which the applicant is eligible to
vote. The application shall include the following:
(i) Name.
(ii) Length of residency in this Commonwealth.
(iii) Date of birth.
(iv) Length of residency in the voting district.
(v) Voting district, if known.
(vi) Party choice for a primary election.
(vii) For a military elector, the qualified elector's
stateside military address, FPO or APO number and serial number.
(2) Upon receipt, the county board of elections shall
determine, based on the information on the application, if the
applicant possesses each of the qualifications of a qualified
elector in accordance with section 1302.2. If the board is
satisfied that the applicant is qualified and the applicant's
signature is valid, the application shall be approved. Except if
a qualified elector is a qualified absentee military or overseas
elector, as defined by the Uniformed and Overseas Citizens
Absentee Voting Act (Public Law 99-410, 100 Stat. 924), an
application for the permanent early voting list may not be
approved for an applicant residing outside this Commonwealth.
(3) If the application is approved, the county board of
election shall add the applicant's name, residence and party
enrollment to the permanent early voting list.
(4) A qualified elector shall notify the county board of
election of a change in the elector's mailing address, county of
residence and party registration or for removal from the
permanent early voting list, on a form supplied by the qualified
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elector's county board of election. The form must be returned
to the Secretary of the Commonwealth or the county board of
election of the county in which the qualified elector's voting
residence is located.
(5) An elector whose absentee ballot is returned as
undeliverable for two consecutive general elections or three
consecutive primary elections shall be deemed inactive.
(6) If an elector dies or is moved to inactive status under
paragraph (5), the elector shall be removed from the permanent
early voting list. An inactive status elector may only be re-
added to the permanent early voting list if the elector submits
a new request under this section.
Section 2. The following shall apply:
(1) In order to facilitate the prompt implementation of
section 1302.4 of the act, the Department of State shall
promulgate temporary regulations that shall expire not later
than two years following the publication of the temporary
regulations. The temporary regulations shall not be subject
to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(2) The Department of State's authority to adopt
temporary regulations under paragraph (1) shall expire two
years after the effective date of this section. Regulations
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adopted after this period shall be promulgated as provided by
law.
(3) The Department of State shall transmit the temporary
regulations to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin no later than 90
days after the effective date of this section.
Section 3. This act shall take effect in 90 days.
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