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HOUSE AMENDED
PRIOR PRINTER'S NO. 399
PRINTER'S NO. 1600
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
422
Session of
2019
INTRODUCED BY VOGEL, FOLMER, COSTA, BAKER, YAW, K. WARD, BROWNE
AND MENSCH, MARCH 12, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 24, 2020
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 Pennsylvania Election Law Advisory
Board. IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN COUNTY BOARDS OF ELECTIONS, FURTHER PROVIDING
FOR POWERS AND DUTIES OF COUNTY BOARDS; IN BALLOTS, FURTHER
PROVIDING FOR FORMS OF BALLOTS, PRINTING BALLOTS, NUMBERS; IN
ELECTRONIC VOTING SYSTEMS, FURTHER PROVIDING FOR FORMS, FOR
ELECTION DAY PROCEDURES AND THE PROCESS OF VOTING AND FOR
POST ELECTION PROCEDURES; IN PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS, FURTHER PROVIDING FOR MANNER OF
APPLYING TO VOTE, PERSONS ENTITLED TO VOTE, VOTER'S
CERTIFICATES, ENTRIES TO BE MADE IN DISTRICT REGISTER,
NUMBERED LISTS OF VOTERS, CHALLENGES AND FOR DEADLINE FOR
RECEIPT OF VALID VOTER REGISTRATION APPLICATION; IN VOTING BY
QUALIFIED ABSENTEE ELECTORS, FURTHER PROVIDING FOR
APPLICATIONS FOR OFFICIAL ABSENTEE BALLOTS, FOR APPROVAL OF
APPLICATION FOR ABSENTEE BALLOT, FOR ABSENTEE AND MAIL-IN
ELECTORS FILES AND LISTS, FOR OFFICIAL ABSENTEE VOTERS
BALLOTS, FOR ENVELOPES FOR OFFICIAL ABSENTEE BALLOTS, FOR
DELIVERING OR MAILING BALLOTS, FOR VOTING BY ABSENTEE
ELECTORS, FOR CANVASSING OF OFFICIAL ABSENTEE BALLOTS AND
MAIL-IN BALLOTS AND FOR PUBLIC RECORDS AND REPEALING
PROVISIONS RELATING TO VIOLATION OF PROVISIONS RELATING TO
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ABSENTEE VOTING; IN VOTING BY QUALIFIED MAIL-IN ELECTORS,
FURTHER PROVIDING FOR QUALIFIED MAIL-IN ELECTORS, FOR
APPLICATIONS FOR OFFICIAL MAIL-IN BALLOTS, FOR APPROVAL OF
APPLICATION FOR MAIL-IN BALLOT, FOR OFFICIAL MAIL-IN ELECTOR
BALLOTS, FOR ENVELOPES FOR OFFICIAL MAIL-IN BALLOTS, FOR
VOTING BY MAIL-IN ELECTORS AND FOR PUBLIC RECORDS AND
REPEALING PROVISIONS RELATING TO VIOLATION OF PROVISIONS
RELATING TO MAIL-IN VOTING; PROVIDING FOR PENNSYLVANIA
ELECTION LAW ADVISORY BOARD; IN PENALTIES, FURTHER PROVIDING
FOR VIOLATIONS OF PROVISIONS RELATING TO ABSENTEE ELECTORS
BALLOTS; PROVIDING FOR EMERGENCY PROVISIONS FOR 2020 GENERAL
PRIMARY ELECTION; AND MAKING A RELATED REPEAL.
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 XIII-D
Pennsylvania Election Law Advisory Board
Section 1301-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Election Law Advisory Board
established under section 1302-D(a).
"Department." The Department of State of the Commonwealth.
Section 1302-D. Pennsylvania Election Law Advisory Board.
(a) Establishment.--The Pennsylvania Election Law Advisory
Board is established within the department.
(b) Members.--The board shall be comprised of the following
members:
(1) The Secretary of State or a designee.
(2) The President pro tempore of the Senate or a
designee.
(3) The Minority Leader of the Senate or a designee.
(4) The Speaker of the House of Representatives or a
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designee.
(5) The Minority Leader of the House of Representatives
or a designee.
(6) One member from each congressional district, of whom
no more than half may be registered with the same political
party, appointed by the Governor and confirmed by the Senate
and which shall include members who:
(i) represent groups advocating for individuals with
disabilities;
(ii) represent groups advocating for voting rights;
and
(iii) represent county commissioners or county
election officials.
(c) Duties.--The board shall have the following duties:
(1) Study this act and identify statutory language to
repeal, modify or update.
(2) Collaborate with other agencies and political
subdivisions of the Commonwealth to study election-related
issues.
(3) Study the development of new election technology and
voting machines.
(4) Evaluate and make recommendations on:
(i) improving the electoral process in Pennsylvania
by amending this act; and
(ii) implementing best practices identified to
ensure the integrity and efficiency of the electoral
process in Pennsylvania.
(5) By the end of each fiscal year, publish extensive
and detailed findings on the department's publicly accessible
Internet website and make them available in electronic format
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to the Office of the Governor and members of the General
Assembly.
(d) Quorum.--A majority of appointed members shall
constitute a quorum for the purpose of conducting business.
(e) Chairperson and vice chairperson.--The members shall
select a member to be chairperson and another member to be vice
chairperson.
(f) Transparency and ethics.--The board shall be subject to
the following laws:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of October 4, 1978 (P.L.883, No.170),
referred to as the Public Official and Employee Ethics Law.
(3) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(4) 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) Information gathering.--The board may conduct hearings
and otherwise gather pertinent information and analysis that it
considers appropriate and necessary to fulfill its duties.
(h) Reimbursement.--The board and members of the board shall
be reimbursed for reasonable expenses.
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 102(A.1) AND (Z.6) OF THE ACT OF JUNE 3,
1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION
CODE, ADDED OCTOBER 31, 2019 (P.L.552, NO.77), ARE AMENDED AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS, WHEN USED IN
THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE
CLEARLY APPARENT FROM THE CONTEXT:
* * *
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(A.1) ["CANVASS" INCLUDES] THE WORD "CANVASS" SHALL MEAN THE
GATHERING [THE] OF BALLOTS AFTER THE [ELECTION] FINAL PRE-
CANVASS MEETING AND THE COUNTING, COMPUTING AND TALLYING OF THE
VOTES REFLECTED ON THE BALLOTS.
* * *
(Q.1) THE WORD "PRE-CANVASS" SHALL MEAN THE INSPECTION AND
OPENING OF ALL ENVELOPES CONTAINING OFFICIAL ABSENTEE BALLOTS OR
MAIL-IN BALLOTS, THE REMOVAL OF SUCH BALLOTS FROM THE ENVELOPES
AND THE COUNTING, COMPUTING AND TALLYING OF THE VOTES REFLECTED
ON THE BALLOTS. THE TERM DOES NOT INCLUDE THE RECORDING OR
PUBLISHING OF THE VOTES REFLECTED ON THE BALLOTS.
* * *
(Z.6) THE WORDS "QUALIFIED MAIL-IN ELECTOR" SHALL MEAN A
QUALIFIED ELECTOR [WHO IS NOT A QUALIFIED ABSENTEE ELECTOR.].
THE TERM DOES NOT INCLUDE A PERSON SPECIFICALLY PROHIBITED FROM
BEING A QUALIFIED ABSENTEE ELECTOR UNDER SECTION 1301.
SECTION 2. SECTION 302(P) OF THE ACT IS AMENDED TO READ:
SECTION 302. POWERS AND DUTIES OF COUNTY BOARDS.--THE COUNTY
BOARDS OF ELECTIONS, WITHIN THEIR RESPECTIVE COUNTIES, SHALL
EXERCISE, IN THE MANNER PROVIDED BY THIS ACT, ALL POWERS GRANTED
TO THEM BY THIS ACT, AND SHALL PERFORM ALL THE DUTIES IMPOSED
UPON THEM BY THIS ACT, WHICH SHALL INCLUDE THE FOLLOWING:
* * *
(P) A COUNTY BOARD OF ELECTIONS SHALL NOT PAY COMPENSATION
TO A JUDGE OF ELECTIONS WHO WILFULLY FAILS TO DELIVER BY TWO
O'CLOCK A. M. ON THE DAY FOLLOWING THE ELECTION ENVELOPES;
SUPPLIES, INCLUDING ALL UNCAST PROVISIONAL BALLOTS; AND RETURNS,
INCLUDING ALL PROVISIONAL BALLOTS [AND ABSENTEE BALLOTS] CAST IN
THE ELECTION DISTRICT AND STATEMENTS SIGNED UNDER SECTIONS 1306
AND 1302-D.
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SECTION 3. SECTION 1004 OF THE ACT, AMENDED OCTOBER 31, 2019
(P.L.552, NO.77) AND NOVEMBER 27, 2019 (P.L.673, NO.94), IS
AMENDED TO READ:
SECTION 1004. FORM OF BALLOTS; PRINTING BALLOTS[;
NUMBERS].--FROM THE LISTS FURNISHED BY THE SECRETARY OF THE
COMMONWEALTH UNDER THE PROVISIONS OF SECTIONS 915 AND 984, AND
FROM PETITIONS AND PAPERS FILED IN THEIR OFFICE, THE COUNTY
ELECTION BOARD SHALL PRINT THE OFFICIAL PRIMARY AND ELECTION
BALLOTS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT: PROVIDED,
HOWEVER, THAT IN NO EVENT, SHALL THE NAME OF ANY PERSON
CONSENTING TO BE A CANDIDATE FOR NOMINATION FOR ANY ONE OFFICE,
EXCEPT THE OFFICE OF JUDGE OF A COURT OF COMMON PLEAS, THE
PHILADELPHIA MUNICIPAL COURT OR THE OFFICE OF SCHOOL DIRECTOR IN
DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR THE OFFICE OF JUSTICE
OF THE PEACE BE PRINTED AS A CANDIDATE FOR SUCH OFFICE UPON THE
OFFICIAL PRIMARY BALLOT OF MORE THAN ONE PARTY. ALL BALLOTS FOR
USE IN THE SAME ELECTION DISTRICT AT ANY PRIMARY OR ELECTION
SHALL BE ALIKE. [THEY SHALL BE AT LEAST SIX INCHES LONG AND FOUR
INCHES WIDE, AND SHALL HAVE A MARGIN EXTENDING BEYOND ANY
PRINTING THEREON. THEY SHALL BE PRINTED WITH THE SAME KIND OF
TYPE (WHICH SHALL NOT BE SMALLER THAN THE SIZE KNOWN AS
"BREVIER" OR "EIGHT POINT BODY") UPON WHITE PAPER OF UNIFORM
QUALITY, WITHOUT ANY IMPRESSION OR MARK TO DISTINGUISH ONE FROM
ANOTHER, AND WITH SUFFICIENT THICKNESS TO PREVENT THE PRINTED
MATTER FROM SHOWING THROUGH. ALL THE BALLOTS FOR THE SAME
ELECTION DISTRICT SHALL BE BOUND TOGETHER IN BOOKS OF FIFTY, IN
SUCH MANNER THAT EACH BALLOT MAY BE DETACHED AND REMOVED
SEPARATELY. THE BALLOTS FOR EACH PARTY TO BE USED AT A PRIMARY
SHALL BE BOUND SEPARATELY.]
SECTION 4. SECTIONS 1109-A(A)(2), (B) AND (E) AND 1112-A(B)
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(2), (3) AND (4) OF THE ACT, AMENDED OCTOBER 31, 2019 (P.L.552,
NO.77), ARE AMENDED TO READ:
SECTION 1109-A. FORMS.--(A) * * *
(2) THE PAGES PLACED ON THE VOTING DEVICE SHALL BE OF
SUFFICIENT NUMBER TO INCLUDE, FOLLOWING THE LISTING OF
PARTICULAR CANDIDATES, THE NAMES OF CANDIDATES FOR ANY
NONPARTISAN OFFICES AND ANY MEASURES FOR WHICH A VOTER MAY BE
QUALIFIED TO VOTE ON A GIVEN ELECTION DAY.[, PROVIDED FURTHER
THAT FOR MUNICIPAL, GENERAL OR SPECIAL ELECTIONS, THE FIRST
BALLOT PAGE SHALL LIST IN THE ORDER THAT SUCH POLITICAL PARTIES
ARE ENTITLED TO PRIORITY ON THE BALLOT, THE NAMES OF SUCH
POLITICAL PARTIES.]
* * *
(B) BALLOT LABELS SHALL BE PRINTED IN PLAIN CLEAR TYPE [IN
BLACK INK], OF SUCH SIZE AND ARRANGEMENT AS TO FIT THE
CONSTRUCTION OF THE VOTING DEVICE; AND THEY SHALL BE PRINTED [ON
CLEAR WHITE MATERIAL OR ON MATERIAL OF DIFFERENT COLORS TO
IDENTIFY DIFFERENT BALLOTS OR PARTS OF THE BALLOT AND IN PRIMARY
ELECTIONS TO IDENTIFY EACH POLITICAL PARTY.] IN A MANNER
PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH TO IDENTIFY
DIFFERENT BALLOTS OR PARTS OF A BALLOT AND IN PRIMARY ELECTIONS
TO IDENTIFY EACH POLITICAL PARTY.
* * *
(E) IN PRIMARY ELECTIONS, THE SECRETARY OF THE COMMONWEALTH
SHALL [CHOOSE A COLOR FOR EACH PARTY ELIGIBLE TO HAVE CANDIDATES
ON THE BALLOT AND A SEPARATE COLOR FOR INDEPENDENT VOTERS. THE
BALLOT CARDS OR PAPER BALLOTS AND BALLOT PAGES SHALL BE PRINTED
ON CARD OR PAPER STOCK OF THE COLOR OF THE PARTY OF THE VOTER
AND THE APPROPRIATE PARTY AFFILIATION OR INDEPENDENT STATUS
SHALL BE PRINTED ON THE BALLOT CARD OR AT THE TOP OF THE PAPER
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BALLOT AND ON THE BALLOT PAGES.] PRESCRIBE A METHOD TO ENSURE
THAT THE ELECTOR VOTES THE CORRECT BALLOT.
* * *
SECTION 1112-A. ELECTION DAY PROCEDURES AND THE PROCESS OF
VOTING.--* * *
(B) IN AN ELECTION DISTRICT WHICH USES AN ELECTRONIC VOTING
SYSTEM WHICH UTILIZES PAPER BALLOTS OR BALLOT CARDS TO REGISTER
THE VOTES, THE FOLLOWING PROCEDURES WILL BE APPLICABLE FOR THE
CONDUCT OF THE ELECTION AT THE ELECTION DISTRICT:
* * *
(2) AT PRIMARY ELECTIONS, THE VOTER SHALL VOTE FOR THE
CANDIDATES OF HIS CHOICE FOR NOMINATION, ACCORDING TO THE NUMBER
OF PERSONS TO BE VOTED FOR BY HIM, FOR EACH OFFICE BY MAKING A
CROSS (X) OR CHECK ( ) MARK OR BY MAKING A PUNCH OR MARK SENSE
MARK IN THE SQUARE OPPOSITE THE NAME OF THE CANDIDATE OR BY
OTHERWISE INDICATING A SELECTION ASSOCIATED WITH THE CANDIDATE,
OR HE MAY SO [MARK THE WRITE-IN POSITION PROVIDED ON THE BALLOT
FOR THE PARTICULAR OFFICE] INDICATE ON THE BALLOT THAT THE VOTER
IS ELECTING TO WRITE IN THE NAME OF A PERSON FOR THE PARTICULAR
OFFICE, AND[, IN THE SPACE PROVIDED THEREFOR ON THE BALLOT
AND/OR BALLOT ENVELOPE, WRITE] INSERT THE IDENTIFICATION OF THE
OFFICE IN QUESTION AND THE NAME OF ANY PERSON NOT ALREADY
[PRINTED ON THE BALLOT FOR THAT OFFICE] LISTED AS A CANDIDATE
FOR THAT OFFICE, AND SUCH [MARK] INDICATION AND [WRITTEN]
INSERTION SHALL COUNT AS A VOTE FOR THAT PERSON FOR SUCH OFFICE.
(3) AT ALL OTHER ELECTIONS, THE VOTER SHALL VOTE FOR THE
CANDIDATES OF HIS CHOICE FOR EACH OFFICE TO BE FILLED, ACCORDING
TO THE NUMBER OF PERSONS TO BE VOTED FOR BY HIM FOR EACH OFFICE,
BY MAKING A CROSS (X) OR CHECK ( ) MARK OR BY MAKING A PUNCH OR
MARK SENSE MARK IN THE SQUARE OPPOSITE THE NAME OF THE
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CANDIDATE, OR BY OTHERWISE INDICATING A SELECTION ASSOCIATED
WITH THE CANDIDATE, OR HE MAY SO [MARK THE WRITE-IN POSITION
PROVIDED ON THE BALLOT FOR THE PARTICULAR OFFICE] INDICATE ON
THE BALLOT THAT THE VOTER IS ELECTING TO WRITE IN THE NAME OF A
PERSON FOR THE PARTICULAR OFFICE, AND[, IN THE SPACE PROVIDED
THEREFOR ON THE BALLOT AND/OR BALLOT ENVELOPE, WRITE] INSERT THE
IDENTIFICATION OF THE OFFICE IN QUESTION AND THE NAME OF ANY
PERSON NOT ALREADY [PRINTED ON THE BALLOT FOR THAT OFFICE]
LISTED AS A CANDIDATE FOR THAT OFFICE, AND SUCH [MARK]
INDICATION AND [WRITTEN] INSERTION SHALL COUNT AS A VOTE FOR
THAT PERSON FOR SUCH OFFICE.
(4) IF HE DESIRES TO VOTE FOR THE ENTIRE GROUP OF
PRESIDENTIAL ELECTORS NOMINATED BY ANY PARTY OR POLITICAL BODY,
HE MAY MAKE A CROSS (X) OR CHECK ( ) OR PUNCH OR MARK SENSE MARK
[IN THE APPROPRIATE SPACE OPPOSITE] OR OTHERWISE INDICATE A
SELECTION ASSOCIATED WITH THE NAMES OF THE CANDIDATES FOR
PRESIDENT AND VICE-PRESIDENT OF SUCH PARTY OR BODY. IF HE
DESIRES TO VOTE A TICKET FOR PRESIDENTIAL ELECTORS MADE UP OF
THE NAMES OF PERSONS NOMINATED BY DIFFERENT PARTIES OR POLITICAL
BODIES, OR PARTIALLY OF NAMES OF PERSONS SO IN NOMINATION AND
PARTIALLY OF NAMES OF PERSONS NOT IN NOMINATION BY ANY PARTY OR
POLITICAL BODY, OR WHOLLY OF NAMES OF PERSONS NOT IN NOMINATION
BY ANY PARTY OR POLITICAL BODY, HE SHALL INSERT, [BY WRITING OR
STAMPING,] THE NAMES OF THE CANDIDATES FOR PRESIDENTIAL ELECTORS
FOR WHOM HE DESIRES TO VOTE [IN THE BLANK SPACES PROVIDED
THEREFOR] ON THE WRITE-IN BALLOT UNDER THE TITLE OF THE OFFICE
"PRESIDENTIAL ELECTORS". IN CASE OF A QUESTION SUBMITTED TO THE
VOTE OF THE ELECTORS, HE MAY MAKE A CROSS (X) OR CHECK ( ) OR
PUNCH OR MARK SENSE MARK [IN THE APPROPRIATE SQUARE OPPOSITE] OR
OTHERWISE INDICATE A SELECTION ASSOCIATED WITH THE ANSWER WHICH
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HE DESIRES TO GIVE.
* * *
SECTION 5. SECTION 1113-A(I) OF THE ACT IS AMENDED TO READ:
SECTION 1113-A. POST ELECTION PROCEDURES.--* * *
(I) IN THE EVENT THAT DISTRICT TABULATION OF VOTES IS NOT
PROVIDED FOR BY THE VOTING SYSTEM, IT SHALL BE THE
RESPONSIBILITY OF THE COUNTY BOARD OF ELECTIONS TO MAKE
AVAILABLE TO THE PUBLIC AT THE CENTRAL TABULATING CENTER, THE
ELECTION RESULTS FOR EACH ELECTION DISTRICT. [IT SHALL BE THE
FURTHER DUTY OF THE COUNTY BOARD OF ELECTIONS TO POST SUCH
RESULTS IN EACH ELECTION DISTRICT NO LATER THAN 5:00 P.M. OF THE
SECOND DAY FOLLOWING THE ELECTION.]
* * *
SECTION 6. SECTION 1210(A.4)(1) OF THE ACT, AMENDED OCTOBER
31, 2019 (P.L.552, NO.77), IS AMENDED TO READ:
SECTION 1210. MANNER OF APPLYING TO VOTE; PERSONS ENTITLED
TO VOTE; VOTER'S CERTIFICATES; ENTRIES TO BE MADE IN DISTRICT
REGISTER; NUMBERED LISTS OF VOTERS; CHALLENGES.--* * *
(A.4) (1) AT ALL ELECTIONS AN INDIVIDUAL WHO CLAIMS TO BE
PROPERLY REGISTERED AND ELIGIBLE TO VOTE AT THE ELECTION
DISTRICT BUT WHOSE NAME DOES NOT APPEAR ON THE DISTRICT REGISTER
AND WHOSE REGISTRATION CANNOT BE DETERMINED BY THE INSPECTORS OF
ELECTION OR THE COUNTY ELECTION BOARD SHALL BE PERMITTED TO CAST
A PROVISIONAL BALLOT. INDIVIDUALS WHO APPEAR TO VOTE SHALL BE
REQUIRED TO PRODUCE PROOF OF IDENTIFICATION PURSUANT TO
SUBSECTION (A) AND IF UNABLE TO DO SO SHALL BE PERMITTED TO CAST
A PROVISIONAL BALLOT. AN INDIVIDUAL PRESENTING A JUDICIAL ORDER
TO VOTE SHALL BE PERMITTED TO CAST A PROVISIONAL BALLOT. [AN
ELECTOR WHO APPEARS TO VOTE ON ELECTION DAY HAVING REQUESTED AN
ABSENTEE BALLOT OR MAIL-IN BALLOT AND WHO IS NOT SHOWN ON THE
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DISTRICT REGISTER AS HAVING VOTED AN ABSENTEE BALLOT OR MAIL-IN
BALLOT SHALL BE PERMITTED TO CAST A PROVISIONAL BALLOT.]
* * *
SECTION 7. SECTION 1231(C)(2) OF THE ACT, ADDED OCTOBER 31,
2019 (P.L.552, NO.77), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 1231. DEADLINE FOR RECEIPT OF VALID VOTER
REGISTRATION APPLICATION.--* * *
(C) * * *
[(2) NO APPLICATIONS SHALL BE RECEIVED AS FOLLOWS:
(I) ON SUNDAYS.
(II) ON HOLIDAYS.
(III) ON THE DAY OF THE ELECTION.
(IV) DURING THE FIFTEEN DAYS NEXT PRECEDING EACH GENERAL,
MUNICIPAL AND PRIMARY ELECTION EXCEPT AS PROVIDED UNDER
SUBSECTION (B).]
* * *
(E) (1) AN APPLICANT SHALL BE DEEMED A REGISTERED ELECTOR
OF THE COUNTY IMMEDIATELY UPON ACCEPTANCE OF THE VOTER
REGISTRATION APPLICATION BY THE COMMISSION UNDER 25 PA.C.S. §
1328(C)(1) OR (2) (RELATING TO APPROVAL OF REGISTRATION
APPLICATIONS), AND THE COMMISSION SHALL ENTER THE ELECTOR'S
REGISTRATION INFORMATION IN THE GENERAL REGISTER, WITH THE
ELECTOR'S UNIQUE IDENTIFICATION NUMBER ENTERED AS HIS OR HER
SURE REGISTRATION NUMBER.
(2) NOTWITHSTANDING 25 PA.C.S. § 1328(B)(2), IF AN APPLICANT
PRESENTS HIS OR HER OWN APPLICATION FOR VOTER REGISTRATION UNDER
25 PA.C.S. § 1322 (RELATING TO IN-PERSON VOTER REGISTRATION),
THE COMMISSION SHALL IMMEDIATELY EXAMINE THE APPLICATION
PURSUANT TO 25 PA.C.S. § 1328(A) AND SHALL, WHILE THE APPLICANT
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WAITS, PROMPTLY DECIDE ON SAID APPLICATION BY EITHER ACCEPTING
IT, REJECTING IT OR FORWARDING IT PURSUANT TO 25 PA.C.S. §
1328(B) AND, IF ACCEPTED, PROCESS THE APPLICATION IN ACCORDANCE
WITH 25 PA.C.S. § 1328(C).
SECTION 8. SECTIONS 1302(E.1) AND (I)(1), 1302.2(C) AND (E)
AND 1302.3(A), AMENDED OCTOBER 31, 2019 (P.L.552, NO.77), ARE
AMENDED TO READ:
SECTION 1302. APPLICATIONS FOR OFFICIAL ABSENTEE BALLOTS.--*
* *
(E.1) ANY QUALIFIED REGISTERED ELECTOR 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 AT ANY TIME REQUEST,
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, TO 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, BY THE FIRST MONDAY IN FEBRUARY EACH
YEAR, OR WITHIN FORTY-EIGHT HOURS OF RECEIPT OF THE REQUEST,
WHICHEVER IS LATER, 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
CERTIFICATE OF DISABILITY WITH EACH APPLICATION AS REQUIRED IN
SUBSECTION (E) OF THIS SECTION. SHOULD ANY SUCH PERSON LOSE HIS
DISABILITY HE SHALL INFORM THE COUNTY BOARD OF ELECTIONS OF THE
COUNTY OF HIS RESIDENCE. AN ABSENTEE BALLOT APPLICATION MAILED
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TO [A VOTER] AN ELECTOR UNDER THIS SECTION, WHICH IS COMPLETED
AND TIMELY RETURNED BY THE [VOTER] ELECTOR, SHALL SERVE AS AN
APPLICATION FOR ANY AND ALL PRIMARY, GENERAL OR SPECIAL
ELECTIONS TO BE HELD IN THE REMAINDER OF THAT CALENDAR YEAR AND
FOR ALL SPECIAL ELECTIONS TO BE HELD BEFORE THE THIRD MONDAY IN
FEBRUARY OF THE SUCCEEDING YEAR. THE TRANSFER OF A QUALIFIED
REGISTERED ELECTOR ON A PERMANENTLY DISABLED ABSENTEE BALLOT
LIST FROM ONE COUNTY TO ANOTHER COUNTY SHALL ONLY BE PERMITTED
UPON THE REQUEST OF THE QUALIFIED REGISTERED ELECTOR.
* * *
(I) (1) APPLICATION FOR OFFICIAL ABSENTEE BALLOTS SHALL BE
ON PHYSICAL AND ELECTRONIC FORMS PRESCRIBED BY THE SECRETARY OF
THE COMMONWEALTH. THE APPLICATION SHALL STATE THAT AN ELECTOR
WHO [RECEIVES AND VOTES] APPLIES FOR AN ABSENTEE BALLOT PURSUANT
TO SECTION 1301 SHALL NOT BE ELIGIBLE TO VOTE AT A POLLING PLACE
ON ELECTION DAY[.] UNLESS THE ELECTOR BRINGS THE ELECTOR'S
ABSENTEE BALLOT TO THE ELECTOR'S POLLING PLACE, REMITS THE
BALLOT AND THE ENVELOPE CONTAINING THE DECLARATION OF THE
ELECTOR TO THE JUDGE OF ELECTIONS TO BE SPOILED AND SIGNS A
STATEMENT SUBJECT TO THE PENALTIES OF 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) TO THE SAME
EFFECT. SUCH PHYSICAL APPLICATION 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. SUCH ELECTRONIC APPLICATION FORMS SHALL BE MADE
FREELY AVAILABLE TO THE PUBLIC THROUGH PUBLICLY ACCESSIBLE
MEANS. NO WRITTEN APPLICATION OR PERSONAL REQUEST SHALL BE
NECESSARY TO RECEIVE OR ACCESS THE APPLICATION FORMS. COPIES AND
RECORDS OF ALL COMPLETED PHYSICAL AND ELECTRONIC APPLICATIONS
FOR OFFICIAL ABSENTEE BALLOTS SHALL BE RETAINED BY THE COUNTY
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BOARD OF ELECTIONS.
* * *
SECTION 1302.2. APPROVAL OF APPLICATION FOR ABSENTEE
BALLOT.--
* * *
(C) THE COUNTY BOARD OF ELECTIONS, UPON RECEIPT OF ANY
APPLICATION OF A QUALIFIED ELECTOR REQUIRED TO BE REGISTERED
UNDER THE PROVISIONS OF PRECEDING SECTION 1301, SHALL DETERMINE
THE QUALIFICATIONS OF SUCH APPLICANT BY VERIFYING THE PROOF OF
IDENTIFICATION AND COMPARING THE INFORMATION SET FORTH ON SUCH
APPLICATION WITH THE INFORMATION CONTAINED ON THE APPLICANT'S
PERMANENT REGISTRATION CARD. IF THE BOARD IS SATISFIED THAT THE
APPLICANT IS QUALIFIED TO RECEIVE AN OFFICIAL ABSENTEE BALLOT,
THE APPLICATION SHALL BE MARKED "APPROVED." SUCH APPROVAL
DECISION SHALL BE FINAL AND BINDING, EXCEPT THAT CHALLENGES MAY
BE MADE ONLY ON THE GROUND THAT THE APPLICANT [DID NOT POSSESS
THE QUALIFICATIONS OF AN ABSENTEE] WAS NOT A QUALIFIED ELECTOR.
SUCH CHALLENGES MUST BE MADE TO THE COUNTY BOARD OF ELECTIONS
PRIOR TO [THE APPLICABLE DEADLINE FOR THE ABSENTEE BALLOTS TO BE
RECEIVED, AS PROVIDED IN SECTION 1308(G). WHEN SO APPROVED, THE
REGISTRATION COMMISSION SHALL CAUSE AN ABSENTEE VOTER'S
TEMPORARY REGISTRATION CARD TO BE INSERTED IN THE DISTRICT
REGISTER ON TOP OF AND ALONG WITH THE PERMANENT REGISTRATION
CARD. THE ABSENTEE VOTER'S TEMPORARY REGISTRATION CARD SHALL BE
IN THE COLOR AND FORM PRESCRIBED IN SUBSECTION (E) OF THIS
SECTION:
PROVIDED, HOWEVER, THAT THE DUTIES OF THE COUNTY BOARDS OF
ELECTIONS AND THE REGISTRATION COMMISSIONS WITH RESPECT TO THE
INSERTION OF THE ABSENTEE VOTER'S TEMPORARY REGISTRATION CARD OF
ANY ELECTOR FROM THE DISTRICT REGISTER AS SET FORTH IN SECTION
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1302.2 SHALL INCLUDE ONLY SUCH APPLICATIONS AND EMERGENCY
APPLICATIONS AS ARE RECEIVED ON OR BEFORE THE FIRST TUESDAY
PRIOR TO THE PRIMARY OR ELECTION. IN ALL CASES WHERE
APPLICATIONS ARE RECEIVED AFTER THE FIRST TUESDAY PRIOR TO THE
PRIMARY OR ELECTION AND BEFORE EIGHT O'CLOCK P.M. ON THE DAY OF
THE PRIMARY OR ELECTION, THE COUNTY BOARD OF ELECTIONS SHALL
DETERMINE THE QUALIFICATIONS OF SUCH APPLICANT BY VERIFYING THE
PROOF OF IDENTIFICATION AND COMPARING THE INFORMATION SET FORTH
ON SUCH APPLICATION WITH THE INFORMATION CONTAINED ON THE
APPLICANT'S DUPLICATE REGISTRATION CARD ON FILE IN THE GENERAL
REGISTER (ALSO REFERRED TO AS THE MASTER FILE) IN THE OFFICE OF
THE REGISTRATION COMMISSION AND SHALL CAUSE THE NAME AND
RESIDENCE (AND AT PRIMARIES, THE PARTY ENROLLMENT) TO BE
INSERTED IN THE MILITARY, VETERANS AND EMERGENCY CIVILIAN
ABSENTEE VOTERS FILE AS PROVIDED IN SECTION 1302.3, SUBSECTION
(B).] FIVE O'CLOCK P.M. ON THE FRIDAY PRIOR TO THE ELECTION, OR
DURING THE PRE-CANVASSING OF AN ELECTOR'S ABSENTEE BALLOT,
WHICHEVER IS EARLIER: PROVIDED, HOWEVER, THAT A CHALLENGE TO AN
APPLICATION FOR AN ABSENTEE BALLOT SHALL NOT BE PERMITTED ON THE
GROUNDS THAT THE ELECTOR USED AN APPLICATION FOR AN ABSENTEE
BALLOT INSTEAD OF AN APPLICATION FOR A MAIL-IN BALLOT OR ON THE
GROUNDS THAT THE ELECTOR USED AN APPLICATION FOR A MAIL-IN
BALLOT INSTEAD OF AN APPLICATION FOR AN ABSENTEE BALLOT.
* * *
[(E) THE ABSENTEE VOTER'S TEMPORARY REGISTRATION CARD SHALL
BE IN DUPLICATE AND THE SAME SIZE AS THE PERMANENT REGISTRATION
CARD, IN A DIFFERENT AND CONTRASTING COLOR TO THE PERMANENT
REGISTRATION CARD AND SHALL CONTAIN THE ABSENTEE VOTER'S NAME
AND ADDRESS AND SHALL CONSPICUOUSLY CONTAIN THE WORDS "ABSENTEE
VOTER."]
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* * *
SECTION 1302.3. ABSENTEE AND MAIL-IN ELECTORS FILES AND
LISTS.--[(A) THE COUNTY BOARD OF ELECTIONS SHALL MAINTAIN AT
ITS OFFICE A FILE CONTAINING THE DUPLICATE ABSENTEE VOTER'S
TEMPORARY REGISTRATION CARDS OF EVERY REGISTERED ELECTOR TO WHOM
AN ABSENTEE BALLOT HAS BEEN SENT. SUCH DUPLICATE ABSENTEE
VOTER'S TEMPORARY REGISTRATION CARDS SHALL BE FILED BY ELECTION
DISTRICTS AND WITHIN EACH ELECTION DISTRICT IN EXACT
ALPHABETICAL ORDER AND INDEXED. THE REGISTRATION CARDS AND THE
REGISTRATION CARDS UNDER SECTION 1302.3-D SO FILED SHALL
CONSTITUTE THE REGISTERED ABSENTEE AND MAIL-IN VOTERS FILE FOR
THE PRIMARY OR ELECTION OF (DATE OF PRIMARY OR ELECTION) AND
SHALL BE KEPT ON FILE 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 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.]
* * *
SECTION 9. SECTION 1303(A) AND (E), AMENDED OCTOBER 31, 2019
(P.L.552, NO.77) AND NOVEMBER 27, 2019 (P.L.673, NO.94), ARE
AMENDED TO READ:
SECTION 1303. OFFICIAL ABSENTEE VOTERS BALLOTS.--(A) IN
DISTRICTS IN WHICH BALLOTS ARE USED, THE BALLOTS FOR USE BY SUCH
ABSENTEE ELECTORS UNDER THE PROVISIONS OF THIS ACT SHALL BE THE
OFFICIAL BALLOTS PRINTED IN ACCORDANCE WITH SECTIONS 1002 AND
1003: PROVIDED, HOWEVER, THAT THE COUNTY BOARD OF ELECTIONS WHEN
[DETACHING] PREPARING THE OFFICIAL BALLOTS FOR ABSENTEE ELECTORS
SHALL BE REQUIRED TO TRACK THE NAME OF THE APPLICANT TO WHICH A
BALLOT IS BEING SENT. THE COUNTY BOARD OF ELECTIONS SHALL ALSO
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BE REQUIRED TO PRINT, STAMP OR ENDORSE [IN RED COLOR] UPON SUCH
OFFICIAL BALLOTS THE WORDS, OFFICIAL ABSENTEE BALLOT. SUCH
BALLOTS SHALL BE DISTRIBUTED BY SUCH BOARDS AS HEREINAFTER
PROVIDED.
* * *
(E) THE OFFICIAL ABSENTEE VOTER BALLOT SHALL STATE THAT [A
VOTER] AN ELECTOR WHO RECEIVES AN ABSENTEE BALLOT PURSUANT TO
SECTION 1301 AND WHOSE VOTED BALLOT IS NOT TIMELY RECEIVED BY
THE COMMISSION AND WHO, ON ELECTION DAY, IS CAPABLE OF VOTING AT
THE APPROPRIATE POLLING PLACE MAY ONLY VOTE ON ELECTION DAY BY
PROVISIONAL BALLOT[.] UNLESS THE ELECTOR BRINGS THE ELECTOR'S
ABSENTEE BALLOT TO THE ELECTOR'S POLLING PLACE, REMITS THE
BALLOT AND THE ENVELOPE CONTAINING THE DECLARATION OF THE
ELECTOR TO THE JUDGE OF ELECTIONS TO BE SPOILED AND SIGNS A
STATEMENT SUBJECT TO THE PENALTIES UNDER 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) TO THE SAME
EFFECT.
SECTION 10. SECTION 1304 OF THE ACT IS AMENDED TO READ:
SECTION 1304. ENVELOPES FOR OFFICIAL ABSENTEE BALLOTS.--
THE COUNTY BOARDS OF ELECTION SHALL PROVIDE TWO ADDITIONAL
ENVELOPES FOR EACH OFFICIAL ABSENTEE BALLOT OF SUCH SIZE AND
SHAPE AS SHALL BE PRESCRIBED BY THE SECRETARY OF THE
COMMONWEALTH, IN ORDER TO PERMIT THE PLACING OF ONE WITHIN THE
OTHER AND BOTH WITHIN THE MAILING ENVELOPE. ON THE SMALLER OF
THE TWO ENVELOPES TO BE ENCLOSED IN THE MAILING ENVELOPE SHALL
BE PRINTED, STAMPED OR ENDORSED THE WORDS "OFFICIAL [ABSENTEE]
ELECTION BALLOT," AND NOTHING ELSE. ON THE LARGER OF THE TWO
ENVELOPES, TO BE ENCLOSED WITHIN THE MAILING ENVELOPE, SHALL BE
PRINTED THE FORM OF THE DECLARATION OF THE ELECTOR, AND THE NAME
AND ADDRESS OF THE COUNTY BOARD OF ELECTION OF THE PROPER
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COUNTY. THE LARGER ENVELOPE SHALL ALSO CONTAIN INFORMATION
INDICATING THE LOCAL ELECTION DISTRICT OF THE ABSENTEE VOTER.
SAID FORM OF DECLARATION AND ENVELOPE SHALL BE AS PRESCRIBED BY
THE SECRETARY OF THE COMMONWEALTH AND SHALL CONTAIN AMONG OTHER
THINGS A STATEMENT OF THE ELECTORS QUALIFICATIONS, TOGETHER WITH
A STATEMENT THAT SUCH ELECTOR HAS NOT ALREADY VOTED IN SUCH
PRIMARY OR ELECTION. THE MAILING ENVELOPE ADDRESSED TO THE
ELECTOR SHALL CONTAIN THE TWO ENVELOPES, THE OFFICIAL ABSENTEE
BALLOT, LISTS OF CANDIDATES, WHEN AUTHORIZED BY SECTION 1303
SUBSECTION (B) OF THIS ACT, THE UNIFORM INSTRUCTIONS IN FORM AND
SUBSTANCE AS PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH AND
NOTHING ELSE.[: PROVIDED, HOWEVER, THAT ENVELOPES FOR ELECTORS
QUALIFIED UNDER PRECEDING SECTION 1301, SUBSECTIONS (A) TO (H),
INCLUSIVE, SHALL HAVE PRINTED ACROSS THE FACE OF EACH
TRANSMITTAL OR RETURN ENVELOPE TWO PARALLEL HORIZONTAL RED BARS,
EACH ONE-QUARTER INCH WIDE, EXTENDING FROM ONE SIDE OF THE
ENVELOPE TO THE OTHER SIDE, WITH AN INTERVENING SPACE OF ONE-
QUARTER INCH, THE TOP BAR TO BE ONE AND ONE-QUARTER INCHES FROM
THE TOP OF THE ENVELOPE AND WITH THE WORDS "OFFICIAL ELECTION
BALLOTING MATERIAL VIA AIR MAIL" BETWEEN THE BARS; THAT THERE BE
PRINTED, IN THE UPPER RIGHT CORNER OF EACH SUCH ENVELOPE IN A
BOX, THE WORDS "FREE OF U. S. POSTAGE, INCLUDING AIR MAIL;" THAT
ALL PRINTING ON THE FACE OF EACH SUCH ENVELOPE BE IN RED, AND
THAT THERE BE PRINTED IN RED, IN THE UPPER LEFT CORNER OF EACH
SUCH ENVELOPE, THE NAME AND ADDRESS OF THE COUNTY BOARD OF
ELECTIONS OF THE PROPER COUNTY OR BLANK LINES FOR RETURN ADDRESS
OF THE SENDER:
PROVIDED FURTHER, THAT THE AFORESAID ENVELOPE ADDRESSED TO
THE ELECTOR MAY CONTAIN ABSENTEE REGISTRATION FORMS WHERE
REQUIRED, AND SHALL CONTAIN DETAILED INSTRUCTIONS ON THE
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PROCEDURES TO BE OBSERVED IN CASTING AN ABSENTEE BALLOT AS
PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH, TOGETHER WITH
RETURN ENVELOPE UPON WHICH IS PRINTED THE NAME AND ADDRESS OF
THE REGISTRATION COMMISSION OF THE PROPER COUNTY, WHICH ENVELOPE
SHALL HAVE PRINTED ACROSS THE FACE TWO PARALLEL HORIZONTAL RED
BARS, EACH ONE-QUARTER INCH WIDE, EXTENDING FROM ONE SIDE OF THE
ENVELOPE TO THE OTHER SIDE, WITH AN INTERVENING SPACE OF ONE-
QUARTER INCH, THE TOP BAR TO BE ONE AND ONE-QUARTER INCHES FROM
THE TOP OF THE ENVELOPE AND WITH THE WORDS "OFFICIAL ELECTION
BALLOTING MATERIAL VIA AIR MAIL" BETWEEN THE BARS; THAT THERE BE
PRINTED IN THE UPPER RIGHT CORNER OF EACH SUCH ENVELOPE IN A BOX
THE WORDS "FREE OF U. S. POSTAGE, INCLUDING AIR MAIL," AND, IN
THE UPPER LEFT CORNER OF EACH SUCH ENVELOPE, BLANK LINES FOR
RETURN ADDRESS OF THE SENDER; THAT ALL PRINTING ON THE FACE OF
EACH SUCH ENVELOPE BE IN RED.]
SECTION 11. SECTIONS 1306(A) INTRODUCTORY PARAGRAPH AND (B),
1308(G) AND 1309(C) OF THE ACT, AMENDED OR ADDED OCTOBER 31,
2019 (P.L.552, NO.77), ARE AMENDED TO READ::
SECTION 1306. VOTING BY ABSENTEE ELECTORS.--(A) EXCEPT AS
PROVIDED IN PARAGRAPHS (2) AND (3), AT ANY TIME AFTER RECEIVING
AN OFFICIAL ABSENTEE BALLOT, BUT ON OR BEFORE EIGHT O'CLOCK P.M.
THE DAY OF 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] ELECTION BALLOT." 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
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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.
* * *
(B) (1) 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 OFFICERS SHALL NOT PERMIT ELECTORS
WHO VOTED AN ABSENTEE BALLOT TO VOTE AT THE POLLING PLACE.
(2) AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT AND WHO IS
NOT SHOWN ON THE DISTRICT REGISTER AS HAVING VOTED THE BALLOT
MAY VOTE BY PROVISIONAL BALLOT UNDER SECTION 1210(A.4)(1).
(3) NOTWITHSTANDING PARAGRAPH (2), AN ELECTOR WHO REQUESTS
AN ABSENTEE BALLOT AND WHO IS NOT SHOWN ON THE DISTRICT REGISTER
AS HAVING VOTED THE BALLOT MAY VOTE AT THE POLLING PLACE IF THE
ELECTOR REMITS THE BALLOT AND THE ENVELOPE CONTAINING THE
DECLARATION OF THE ELECTOR TO THE JUDGE OF ELECTIONS TO BE
SPOILED AND THE ELECTOR SIGNS A STATEMENT SUBJECT TO THE
PENALTIES UNDER 18 PA.C.S. § 4904 (RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES) IN SUBSTANTIALLY THE FOLLOWING
FORM:
I HEREBY DECLARE THAT I AM A QUALIFIED REGISTERED ELECTOR WHO
HAS OBTAINED AN ABSENTEE BALLOT OR MAIL-IN BALLOT. I FURTHER
DECLARE THAT I HAVE NOT CAST MY ABSENTEE BALLOT OR MAIL-IN
BALLOT, AND THAT INSTEAD I REMITTED MY ABSENTEE BALLOT OR
MAIL-IN BALLOT AND THE ENVELOPE CONTAINING THE DECLARATION OF
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THE ELECTOR TO THE JUDGE OF ELECTIONS AT MY POLLING PLACE TO
BE SPOILED AND THEREFORE REQUEST THAT MY ABSENTEE BALLOT OR
MAIL-IN BALLOT BE VOIDED.
(DATE)
(SIGNATURE OF ELECTOR) ................ (ADDRESS OF ELECTOR)
(LOCAL JUDGE OF ELECTIONS)
* * *
SECTION 1308. CANVASSING OF OFFICIAL ABSENTEE BALLOTS AND
MAIL-IN BALLOTS.--* * *
(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) SHALL BE CANVASSED IN ACCORDANCE WITH THIS
SUBSECTION IF THE BALLOT IS CAST, SUBMITTED AND RECEIVED IN
ACCORDANCE WITH THE PROVISIONS OF 25 PA.C.S. CH. 35 (RELATING TO
UNIFORM MILITARY AND OVERSEAS VOTERS).
(II) AN ABSENTEE BALLOT CAST BY ANY ABSENTEE ELECTOR AS
DEFINED IN SECTION 1301(I), (J), (K), (L), (M) AND (N), AN
ABSENTEE BALLOT UNDER SECTION 1302(A.3) OR A MAIL-IN BALLOT CAST
BY A MAIL-IN ELECTOR SHALL BE CANVASSED IN ACCORDANCE WITH THIS
SUBSECTION IF THE ABSENTEE BALLOT OR MAIL-IN BALLOT IS RECEIVED
IN THE OFFICE OF THE COUNTY BOARD OF ELECTIONS NO LATER THAN
EIGHT O'CLOCK P.M. ON THE DAY OF THE PRIMARY OR ELECTION.
(1.1) THE COUNTY BOARD OF ELECTIONS SHALL MEET NO EARLIER
THAN SEVEN O'CLOCK A.M. ON ELECTION DAY TO PRE-CANVASS ALL
BALLOTS RECEIVED PRIOR TO THE MEETING. A COUNTY BOARD OF
ELECTIONS SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS' NOTICE OF A
PRE-CANVASS MEETING BY PUBLICLY POSTING A NOTICE OF A PRE-
CANVASS MEETING ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE. ONE
AUTHORIZED REPRESENTATIVE OF EACH CANDIDATE IN AN ELECTION AND
ONE REPRESENTATIVE FROM EACH POLITICAL PARTY SHALL BE PERMITTED
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TO REMAIN IN THE ROOM IN WHICH THE ABSENTEE BALLOTS AND MAIL-IN
BALLOTS ARE PRE-CANVASSED. NO PERSON OBSERVING, ATTENDING OR
PARTICIPATING IN A PRE-CANVASS MEETING MAY DISCLOSE THE RESULTS
OF ANY PORTION OF ANY PRE-CANVASS MEETING PRIOR TO THE CLOSE OF
THE POLLS.
(2) THE COUNTY BOARD OF ELECTIONS SHALL MEET NO EARLIER THAN
THE CLOSE OF POLLS ON THE DAY OF THE ELECTION AND NO LATER THAN
THE THIRD DAY FOLLOWING THE ELECTION TO BEGIN CANVASSING [THE]
ABSENTEE BALLOTS AND MAIL-IN BALLOTS RECEIVED [UNDER THIS
SUBSECTION AND SUBSECTION (H)(2).] FOLLOWING THE FINAL PRE-
CANVASS MEETING AND ANY BALLOTS RECEIVED PRIOR TO THE COMPLETION
OF THE FINAL PRE-CANVASS MEETING, BUT NOT INCLUDED IN THE PRE-
CANVASS PROCESS. THE MEETING UNDER THIS PARAGRAPH SHALL CONTINUE
UNTIL ALL ABSENTEE BALLOTS AND MAIL-IN BALLOTS RECEIVED PRIOR TO
THE CLOSE OF THE POLLS HAVE BEEN CANVASSED. THE COUNTY BOARD OF
ELECTIONS SHALL NOT RECORD OR PUBLISH ANY VOTES REFLECTED ON THE
BALLOTS PRIOR TO THE CLOSE OF THE POLLS. THE CANVASS PROCESS
SHALL CONTINUE THROUGH THE EIGHTH DAY FOLLOWING THE ELECTION[.]
FOR VALID MILITARY-OVERSEAS BALLOTS TIMELY RECEIVED UNDER 25
PA.C.S. § 3511 (RELATING TO RECEIPT OF VOTED BALLOT). A COUNTY
BOARD OF ELECTIONS SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS'
NOTICE OF A CANVASS MEETING BY PUBLICLY POSTING A NOTICE OF A
PRE-CANVASS MEETING ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.
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
AND MAIL-IN BALLOTS ARE CANVASSED. [REPRESENTATIVES SHALL BE
PERMITTED TO CHALLENGE ANY ABSENTEE ELECTOR OR MAIL-IN ELECTOR
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (3).] NO PERSON
OBSERVING, ATTENDING OR PARTICIPATING IN A CANVASS MEETING MAY
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DISCLOSE THE RESULTS OF ANY PORTION OF A CANVASS MEETING PRIOR
TO THE CLOSE OF THE POLLS.
(3) WHEN THE COUNTY BOARD MEETS TO PRE-CANVASS OR CANVASS
ABSENTEE BALLOTS AND MAIL-IN BALLOTS UNDER [PARAGRAPH]
PARAGRAPHS (1), (1.1) AND (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 AND MAIL-IN VOTERS
FILE," THE ABSENTEE VOTERS' LIST AND/OR THE "MILITARY VETERANS
AND EMERGENCY CIVILIANS ABSENTEE 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 AND MAIL-IN 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 OR
MAIL-IN ELECTOR UPON THE GROUND OR GROUNDS: (I) THAT THE
ABSENTEE ELECTOR OR MAIL-IN ELECTOR IS NOT A QUALIFIED ELECTOR;
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.
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
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PROCEDURE DESCRIBED IN PARAGRAPH (5).] PROVIDE A LIST OF THE
NAMES OF ELECTORS WHOSE ABSENTEE BALLOTS OR MAIL-IN BALLOTS ARE
TO BE PRE-CANVASSED OR CANVASSED.
(4) ALL ABSENTEE BALLOTS [AND MAIL-IN BALLOTS NOT CHALLENGED
FOR ANY OF THE REASONS PROVIDED IN] WHICH HAVE NOT BEEN
CHALLENGED UNDER SECTION 1302.2(C) AND ALL MAIL-IN BALLOTS WHICH
HAVE NOT BEEN CHALLENGED UNDER SECTION 1302.2-D(A)(2) AND THAT
HAVE BEEN VERIFIED UNDER PARAGRAPH (3) SHALL BE COUNTED AND
INCLUDED WITH THE RETURNS OF THE APPLICABLE ELECTION DISTRICT AS
FOLLOWS:
(I) THE COUNTY BOARD SHALL OPEN THE ENVELOPE OF EVERY
UNCHALLENGED ABSENTEE ELECTOR AND MAIL-IN ELECTOR IN SUCH MANNER
AS NOT TO DESTROY THE DECLARATION EXECUTED THEREON.
(II) IF ANY OF THE ENVELOPES ON WHICH ARE PRINTED, STAMPED
OR ENDORSED THE WORDS "OFFICIAL [ABSENTEE] ELECTION BALLOT" [OR
"OFFICIAL MAIL-IN BALLOT"] CONTAIN ANY [EXTRANEOUS MARKS OR
IDENTIFYING SYMBOLS,] TEXT, MARK OR SYMBOL WHICH REVEALS THE
IDENTITY OF THE ELECTOR, THE ELECTOR'S POLITICAL AFFILIATION OR
THE ELECTOR'S CANDIDATE PREFERENCE, THE ENVELOPES AND THE
BALLOTS CONTAINED THEREIN SHALL BE SET ASIDE AND DECLARED VOID.
(III) THE COUNTY BOARD SHALL THEN BREAK THE SEALS OF SUCH
ENVELOPES, REMOVE THE BALLOTS AND [RECORD THE VOTES.] COUNT,
COMPUTE AND TALLY THE VOTES.
(IV) FOLLOWING THE CLOSE OF THE POLLS, THE COUNTY BOARD
SHALL RECORD AND PUBLISH THE VOTES REFLECTED ON THE BALLOTS.
(5) [WITH RESPECT TO THE CHALLENGED BALLOTS, THEY] BALLOTS
RECEIVED WHOSE APPLICATIONS HAVE BEEN CHALLENGED AND BALLOTS
WHICH HAVE BEEN CHALLENGED 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
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SUCH CHALLENGES, AND NOTICE SHALL BE GIVEN WHERE POSSIBLE TO ALL
ABSENTEE ELECTORS AND MAIL-IN ELECTORS THUS CHALLENGED AND TO
EVERY INDIVIDUAL WHO MADE A CHALLENGE. THE TIME FOR THE HEARING
SHALL NOT BE LATER THAN [FIVE (5)] SEVEN (7) DAYS AFTER THE
[DATE OF THE CHALLENGE] DEADLINE FOR ALL CHALLENGES TO BE FILED.
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
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.
* * *
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SECTION 1309. PUBLIC RECORDS.--* * *
(C) THE COUNTY BOARD SHALL COMPILE THE RECORDS LISTED UNDER
SUBSECTION (B) AND MAKE THE RECORDS PUBLICLY AVAILABLE UPON
REQUEST WITHIN FORTY-EIGHT HOURS OF THE REQUEST.
SECTION 12. SECTION 1331 OF THE ACT IS REPEALED:
[SECTION 1331. VIOLATION OF PROVISIONS RELATING TO ABSENTEE
VOTING.--(A) EXCEPT AS PROVIDED IN SUBSECTION (B), ANY PERSON
WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ACT RELATING TO
ABSENTEE VOTING SHALL, UNLESS OTHERWISE PROVIDED, BE SUBJECT TO
THE PENALTIES PROVIDED FOR IN SECTION 1850 OF THIS ACT.
(B) ANY PERSON WHO KNOWINGLY ASSISTS ANOTHER PERSON WHO IS
NOT A QUALIFIED ABSENTEE ELECTOR IN FILLING OUT AN ABSENTEE
BALLOT APPLICATION OR ABSENTEE BALLOT COMMITS A MISDEMEANOR OF
THE THIRD DEGREE.]
SECTION 12.1. SECTIONS, 1301-D(A), 1302-D(F) AND (G),
1302.2-D(A)(2), (3), (4) AND (5), (B) AND (D) AND 1302.3-D OF
THE ACT, ADDED OCTOBER 31, 2019 (P.L.552, NO.77), ARE AMENDED TO
READ:
SECTION 1301-D. QUALIFIED MAIL-IN ELECTORS.
(A) GENERAL RULE.--[THE FOLLOWING INDIVIDUALS] A QUALIFIED
MAIL-IN ELECTOR SHALL BE ENTITLED TO VOTE BY AN OFFICIAL MAIL-IN
BALLOT IN ANY PRIMARY OR ELECTION HELD IN THIS COMMONWEALTH IN
THE MANNER PROVIDED UNDER THIS ARTICLE.[:
(1) ANY QUALIFIED ELECTOR WHO IS NOT ELIGIBLE TO BE A
QUALIFIED ABSENTEE ELECTOR UNDER ARTICLE XIII.
(2) (RESERVED).]
* * *
SECTION 1302-D. APPLICATIONS FOR OFFICIAL MAIL-IN BALLOTS.
* * *
(F) FORM.--APPLICATION FOR AN OFFICIAL MAIL-IN BALLOT SHALL
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BE ON PHYSICAL AND ELECTRONIC FORMS PRESCRIBED BY THE SECRETARY
OF THE COMMONWEALTH. THE APPLICATION SHALL STATE THAT A VOTER
WHO [RECEIVES AND VOTES] APPLIES FOR A MAIL-IN BALLOT UNDER
SECTION 1301-D SHALL NOT BE ELIGIBLE TO VOTE AT A POLLING PLACE
ON ELECTION DAY[.] UNLESS THE ELECTOR BRINGS THE ELECTOR'S MAIL-
IN BALLOT TO THE ELECTOR'S POLLING PLACE, REMITS THE BALLOT AND
THE ENVELOPE CONTAINING THE DECLARATION OF THE ELECTOR TO THE
JUDGE OF ELECTIONS TO BE SPOILED AND SIGNS A STATEMENT SUBJECT
TO THE PENALTIES UNDER 18 PA.C.S. § 4904 (RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES) TO THE SAME EFFECT. THE PHYSICAL
APPLICATION FORMS SHALL BE MADE FREELY AVAILABLE TO THE PUBLIC
AT COUNTY BOARD OF ELECTIONS, MUNICIPAL BUILDINGS AND AT OTHER
LOCATIONS DESIGNATED BY THE SECRETARY OF THE COMMONWEALTH. THE
ELECTRONIC APPLICATION FORMS SHALL BE MADE FREELY AVAILABLE TO
THE PUBLIC THROUGH PUBLICLY ACCESSIBLE MEANS. NO WRITTEN
APPLICATION OR PERSONAL REQUEST SHALL BE NECESSARY TO RECEIVE OR
ACCESS THE APPLICATION FORMS. COPIES AND RECORDS OF ALL
COMPLETED PHYSICAL AND ELECTRONIC APPLICATIONS FOR OFFICIAL
MAIL-IN BALLOTS SHALL BE RETAINED BY THE COUNTY BOARD OF
ELECTIONS.
(G) PERMANENT MAIL-IN VOTING LIST.--
(1) ANY QUALIFIED REGISTERED ELECTOR MAY REQUEST TO BE
PLACED ON A PERMANENT MAIL-IN BALLOT LIST FILE AT ANY TIME
DURING THE CALENDAR YEAR. A MAIL-IN BALLOT APPLICATION SHALL
BE MAILED TO EVERY PERSON OTHERWISE ELIGIBLE TO RECEIVE A
MAIL-IN BALLOT APPLICATION BY THE FIRST MONDAY IN FEBRUARY
EACH YEAR OR WITHIN 48 HOURS OF RECEIPT OF THE REQUEST,
WHICHEVER IS LATER, SO LONG AS THE PERSON DOES NOT LOSE THE
PERSON'S VOTING RIGHTS BY FAILURE TO VOTE AS OTHERWISE
REQUIRED BY THIS ACT. A MAIL-IN BALLOT APPLICATION MAILED TO
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[A VOTER] AN ELECTOR UNDER THIS SECTION, WHICH IS COMPLETED
AND TIMELY RETURNED BY THE [VOTER] ELECTOR, SHALL SERVE AS AN
APPLICATION FOR ANY AND ALL PRIMARY, GENERAL OR SPECIAL
ELECTIONS TO BE HELD IN THE REMAINDER OF THAT CALENDAR YEAR
AND FOR ALL SPECIAL ELECTIONS TO BE HELD BEFORE THE THIRD
MONDAY IN FEBRUARY OF THE SUCCEEDING YEAR.
(2) THE SECRETARY OF THE COMMONWEALTH MAY DEVELOP AN
ELECTRONIC SYSTEM THROUGH WHICH ALL QUALIFIED ELECTORS MAY
APPLY FOR A MAIL-IN BALLOT AND REQUEST PERMANENT MAIL-IN
VOTER STATUS UNDER THIS SECTION, PROVIDED THE SYSTEM IS ABLE
TO CAPTURE A DIGITIZED OR ELECTRONIC SIGNATURE OF THE
APPLICANT. A COUNTY BOARD OF ELECTIONS SHALL TREAT AN
APPLICATION OR REQUEST RECEIVED THROUGH THE ELECTRONIC SYSTEM
AS IF THE APPLICATION OR REQUEST HAD BEEN SUBMITTED ON A
PAPER FORM OR ANY OTHER FORMAT USED BY THE COUNTY.
(3) THE TRANSFER OF A QUALIFIED REGISTERED ELECTOR ON A
PERMANENT MAIL-IN VOTING LIST FROM ONE COUNTY TO ANOTHER
COUNT SHALL ONLY BE PERMITTED UPON THE REQUEST OF THE
QUALIFIED REGISTERED ELECTOR.
* * *
SECTION 1302.2-D. APPROVAL OF APPLICATION FOR MAIL-IN BALLOT.
(A) APPROVAL PROCESS.--THE COUNTY BOARD OF ELECTIONS, UPON
RECEIPT OF ANY APPLICATION OF A QUALIFIED ELECTOR UNDER SECTION
1301-D, SHALL DETERMINE THE QUALIFICATIONS OF THE APPLICANT BY
VERIFYING THE PROOF OF IDENTIFICATION AND COMPARING THE
INFORMATION PROVIDED ON THE APPLICATION WITH THE INFORMATION
CONTAINED ON THE APPLICANT'S PERMANENT REGISTRATION CARD. THE
FOLLOWING SHALL APPLY:
* * *
(2) THE APPROVAL DECISION SHALL BE FINAL AND BINDING,
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EXCEPT THAT CHALLENGES MAY BE MADE ONLY ON THE GROUNDS THAT
THE APPLICANT [DID NOT POSSESS THE QUALIFICATIONS OF A MAIL-
IN] WAS NOT A QUALIFIED ELECTOR.
(3) CHALLENGES MUST BE MADE TO THE COUNTY BOARD OF
ELECTIONS PRIOR TO [THE APPLICABLE DEADLINE FOR THE MAIL-IN
BALLOTS TO BE RECEIVED, AS PROVIDED IN SECTION 1308(G).] FIVE
O'CLOCK P.M. ON THE FRIDAY PRIOR TO THE ELECTION, OR DURING
THE PRE-CANVASSING OF AN ELECTOR'S MAIL-IN BALLOT, WHICHEVER
IS EARLIER: PROVIDED, HOWEVER, THAT A CHALLENGE TO AN
APPLICATION FOR A MAIL-IN BALLOT SHALL NOT BE PERMITTED ON
THE GROUNDS THAT THE ELECTOR USED AN APPLICATION FOR A MAIL-
IN BALLOT INSTEAD OF AN APPLICATION FOR AN ABSENTEE BALLOT OR
ON THE GROUNDS THAT THE ELECTOR USED AN APPLICATION FOR AN
ABSENTEE BALLOT INSTEAD OF AN APPLICATION FOR A MAIL-IN
BALLOT .
(4) WHEN APPROVED, THE REGISTRATION COMMISSION SHALL
CAUSE A MAIL-IN VOTER'S [TEMPORARY REGISTRATION CARD] RECORD
TO BE INSERTED IN THE DISTRICT REGISTER [ON TOP OF AND ALONG
WITH THE PERMANENT REGISTRATION CARD] AS PRESCRIBED BY THE
SECRETARY OF THE COMMONWEALTH.
[(5) THE MAIL-IN VOTER'S TEMPORARY REGISTRATION CARD
SHALL BE IN THE COLOR AND FORM PRESCRIBED UNDER SUBSECTION
(D).]
(B) DUTIES OF COUNTY BOARDS OF ELECTIONS AND REGISTRATION
COMMISSIONS.--THE DUTIES OF THE COUNTY BOARDS OF ELECTIONS AND
THE REGISTRATION COMMISSIONS WITH RESPECT TO THE INSERTION OF
THE MAIL-IN VOTER'S [TEMPORARY REGISTRATION CARD OF ANY ELECTOR
FROM THE DISTRICT REGISTER AS PROVIDED UNDER THIS SECTION]
RECORD SHALL INCLUDE ONLY THE APPLICATIONS AS ARE RECEIVED ON OR
BEFORE THE FIRST TUESDAY PRIOR TO THE PRIMARY OR ELECTION.
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* * *
[(D) TEMPORARY REGISTRATION CARD.--THE MAIL-IN VOTER'S
TEMPORARY REGISTRATION CARD SHALL BE IN DUPLICATE AND THE SAME
SIZE AS THE PERMANENT REGISTRATION CARD, IN A DIFFERENT AND
CONTRASTING COLOR TO THE PERMANENT REGISTRATION CARD AND SHALL
CONTAIN THE MAIL-IN VOTER'S NAME AND ADDRESS AND SHALL
CONSPICUOUSLY CONTAIN THE WORDS "MAIL-IN VOTER."]
[SECTION 1302.3-D. MAIL-IN ELECTORS FILES AND LISTS.
THE COUNTY BOARD OF ELECTIONS SHALL MAINTAIN AT ITS OFFICE A
FILE CONTAINING THE DUPLICATE MAIL-IN VOTER'S TEMPORARY
REGISTRATION CARDS OF EVERY REGISTERED ELECTOR TO WHOM A MAIL-IN
BALLOT HAS BEEN SENT. THE DUPLICATE MAIL-IN VOTER'S TEMPORARY
REGISTRATION CARDS SHALL BE FILED BY ELECTION DISTRICTS AND
WITHIN EACH ELECTION DISTRICT IN EXACT ALPHABETICAL ORDER AND
INDEXED. THE REGISTRATION CARDS FILED SHALL BE INCLUDED IN THE
REGISTERED ABSENTEE AND MAIL-IN VOTERS FILE FOR THE PRIMARY OR
ELECTION OF (DATE OF PRIMARY OR ELECTION) UNDER SECTION
1302.3(A).]
SECTION 13. SECTION 1303-D(A.1) AND (E), AMENDED OR ADDED
OCTOBER 31, 2019 (P.L.552, NO.77) AND NOVEMBER 27, 2019
(P.L.673, NO.94), ARE AMENDED TO READ:
SECTION 1303-D. OFFICIAL MAIL-IN ELECTOR BALLOTS.
* * *
(A.1) DUTIES OF COUNTY BOARDS OF ELECTIONS.--THE COUNTY
BOARD OF ELECTIONS, WHEN [DETACHING] PREPARING THE OFFICIAL
BALLOTS FOR MAIL-IN VOTERS, SHALL BE REQUIRED TO INDICATE ON
[THE STUB OF EACH DETACHED BALLOT THE NAME OF THE APPLICANT TO
WHICH THAT PRECISE BALLOT IS BEING SENT.] THE VOTER'S RECORD THE
IDENTIFICATION NUMBER OF SPECIFIC BALLOT ENVELOPE INTO WHICH THE
VOTER'S BALLOT IS INSERTED. THE COUNTY BOARD OF ELECTIONS SHALL
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ALSO [REMOVE THE NUMBERED STUB FROM EACH BALLOT AND SHALL]
PRINT, STAMP OR ENDORSE [IN RED COLOR] ON THE OFFICIAL BALLOTS
THE WORDS, "OFFICIAL MAIL-IN BALLOT." THE BALLOTS SHALL BE
DISTRIBUTED BY A BOARD AS PROVIDED UNDER THIS SECTION.
* * *
(E) NOTICE.--THE OFFICIAL MAIL-IN VOTER BALLOT SHALL STATE
THAT A VOTER WHO RECEIVES A MAIL-IN BALLOT UNDER SECTION 1301-D
AND WHOSE VOTED MAIL-IN BALLOT IS NOT TIMELY RECEIVED MAY ONLY
VOTE ON ELECTION DAY BY PROVISIONAL BALLOT[.] UNLESS THE ELECTOR
BRINGS THE ELECTOR'S MAIL-IN BALLOT TO THE ELECTOR'S POLLING
PLACE, REMITS THE BALLOT AND THE ENVELOPE CONTAINING THE
DECLARATION OF THE ELECTOR TO THE JUDGE OF ELECTIONS TO BE
SPOILED AND SIGNS A STATEMENT SUBJECT TO THE PENALTIES OF 18
PA.C.S. § 4904 (RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES) TO THE SAME EFFECT .
SECTION 14. SECTIONS 1304-D(A), 1305-D, 1306-D(A) AND (B)
AND 1307-D(C) OF THE ACT, ADDED OCTOBER 31, 2019 (P.L.552,
NO.77), ARE AMENDED TO READ:
SECTION 1304-D. ENVELOPES FOR OFFICIAL MAIL-IN BALLOTS.
(A) ADDITIONAL ENVELOPES.--THE COUNTY BOARDS OF ELECTION
SHALL PROVIDE TWO ADDITIONAL ENVELOPES FOR EACH OFFICIAL MAIL-IN
BALLOT OF A SIZE AND SHAPE AS SHALL BE PRESCRIBED BY THE
SECRETARY OF THE COMMONWEALTH, IN ORDER TO PERMIT THE PLACING OF
ONE WITHIN THE OTHER AND BOTH WITHIN THE MAILING ENVELOPE. ON
THE SMALLER OF THE TWO ENVELOPES TO BE ENCLOSED IN THE MAILING
ENVELOPE SHALL BE PRINTED, STAMPED OR ENDORSED THE WORDS
"OFFICIAL [MAIL-IN] ELECTION BALLOT," AND NOTHING ELSE. ON THE
LARGER OF THE TWO ENVELOPES, TO BE ENCLOSED WITHIN THE MAILING
ENVELOPE, SHALL BE PRINTED THE FORM OF THE DECLARATION OF THE
ELECTOR AND THE NAME AND ADDRESS OF THE COUNTY BOARD OF ELECTION
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OF THE PROPER COUNTY. THE LARGER ENVELOPE SHALL ALSO CONTAIN
INFORMATION INDICATING THE LOCAL ELECTION DISTRICT OF THE MAIL-
IN VOTER.
* * *
SECTION 1305-D. DELIVERING OR MAILING BALLOTS.
THE COUNTY BOARD OF ELECTIONS, UPON RECEIPT AND APPROVAL OF
AN APPLICATION FILED BY A QUALIFIED ELECTOR UNDER SECTION 1301-
D, SHALL COMMENCE TO DELIVER OR MAIL OFFICIAL MAIL-IN BALLOTS
AS SOON AS A BALLOT IS CERTIFIED AND THE BALLOTS ARE AVAILABLE.
WHILE ANY PROCEEDING IS PENDING IN A FEDERAL OR STATE COURT
WHICH WOULD AFFECT THE CONTENTS OF ANY BALLOT, THE COUNTY BOARD
OF ELECTIONS MAY AWAIT A RESOLUTION OF THAT PROCEEDING BUT IN
ANY EVENT, SHALL COMMENCE TO DELIVER OR MAIL OFFICIAL [ABSENTEE]
MAIL-IN BALLOTS NOT LATER THAN THE SECOND TUESDAY PRIOR TO THE
PRIMARY OR ELECTION. FOR 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(C) WITH THE MAIL-IN BALLOT. AS
ADDITIONAL APPLICATIONS ARE RECEIVED AND APPROVED, THE BOARD
SHALL DELIVER OR MAIL OFFICIAL MAIL-IN BALLOTS TO THE ADDITIONAL
ELECTORS WITHIN 48 HOURS.
SECTION 1306-D. VOTING BY MAIL-IN ELECTORS.
(A) GENERAL RULE.--AT ANY TIME AFTER RECEIVING AN OFFICIAL
MAIL-IN BALLOT, BUT ON OR BEFORE EIGHT O'CLOCK P.M. THE DAY OF
THE PRIMARY OR ELECTION, THE MAIL-IN 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 [MAIL-IN] ELECTION BALLOT." THIS ENVELOPE
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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.
* * *
(B) ELIGIBILITY.--
(1) ANY ELECTOR WHO RECEIVES AND VOTES A MAIL-IN BALLOT
UNDER SECTION 1301-D 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 MAIL-IN BALLOTS AS INELIGIBLE TO VOTE AT
THE POLLING PLACE, AND DISTRICT ELECTION OFFICERS SHALL NOT
PERMIT ELECTORS WHO VOTED A MAIL-IN BALLOT TO VOTE AT THE
POLLING PLACE.
(2) AN ELECTOR WHO REQUESTS A MAIL-IN BALLOT AND WHO IS
NOT SHOWN ON THE DISTRICT REGISTER AS HAVING VOTED MAY VOTE
BY PROVISIONAL BALLOT UNDER SECTION 1210(A.4)(1).
(3) NOTWITHSTANDING PARAGRAPH (2), AN ELECTOR WHO
REQUESTS A MAIL-IN BALLOT AND WHO IS NOT SHOWN ON THE
DISTRICT REGISTER AS HAVING VOTED THE BALLOT MAY VOTE AT THE
POLLING PLACE IF THE ELECTOR REMITS THE BALLOT AND THE
ENVELOPE CONTAINING THE DECLARATION OF THE ELECTOR TO THE
JUDGE OF ELECTIONS TO BE SPOILED AND THE ELECTOR SIGNS A
STATEMENT SUBJECT TO THE PENALTIES OF 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) WHICH
SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
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I HEREBY DECLARE THAT I AM A QUALIFIED REGISTERED ELECTOR
WHO HAS OBTAINED AN ABSENTEE BALLOT OR MAIL-IN BALLOT. I
FURTHER DECLARE THAT I HAVE NOT CAST MY ABSENTEE BALLOT OR
MAIL-IN BALLOT, AND THAT INSTEAD I REMITTED MY ABSENTEE
BALLOT OR MAIL-IN BALLOT TO THE JUDGE OF ELECTIONS AT MY
POLLING PLACE TO BE SPOILED AND THEREFORE REQUEST THAT MY
ABSENTEE BALLOT OR MAIL-IN BALLOT BE VOIDED.
(DATE)
(SIGNATURE OF ELECTOR) ........... (ADDRESS OF ELECTOR)
(LOCAL JUDGE OF ELECTIONS)
* * *
SECTION 1307-D. PUBLIC RECORDS.
* * *
(C) COMPILATION.--THE COUNTY BOARD SHALL COMPILE THE RECORDS
LISTED UNDER SUBSECTION (B) AND MAKE THE RECORDS PUBLICLY
AVAILABLE UPON REQUEST WITHIN 48 HOURS OF THE REQUEST.
SECTION 14.1. SECTION 1308-D OF THE ACT IS REPEALED:
[SECTION 1308-D. VIOLATION OF PROVISIONS RELATING TO MAIL-IN
VOTING.
(A) PENALTIES.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), A
PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS ACT RELATING
TO MAIL-IN VOTING SHALL, UNLESS OTHERWISE PROVIDED, BE SUBJECT
TO THE PENALTIES PROVIDED UNDER SECTION 1850.
(B) PERSONS NOT QUALIFIED AS MAIL-IN VOTERS.--A PERSON WHO
KNOWINGLY ASSISTS ANOTHER PERSON WHO IS NOT A QUALIFIED MAIL-IN
VOTER IN FILLING OUT A MAIL-IN BALLOT APPLICATION OR MAIL-IN
BALLOT COMMITS A MISDEMEANOR OF THE THIRD DEGREE.]
SECTION 15. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XIII-E
PENNSYLVANIA ELECTION LAW ADVISORY BOARD
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SECTION 1301-E. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE PENNSYLVANIA ELECTION LAW ADVISORY BOARD
ESTABLISHED UNDER SECTION 1302-E(A).
SECTION 1302-E. PENNSYLVANIA ELECTION LAW ADVISORY BOARD.
(A) ESTABLISHMENT.--THE PENNSYLVANIA ELECTION LAW ADVISORY
BOARD IS ESTABLISHED WITHIN THE JOINT STATE GOVERNMENT
COMMISSION.
(B) MEMBERS.--THE BOARD SHALL BE COMPRISED OF THE FOLLOWING
MEMBERS:
(1) THE SECRETARY OF THE COMMONWEALTH OR A DESIGNEE.
(2) THE PRESIDENT PRO TEMPORE OF THE SENATE OR A
DESIGNEE.
(3) THE MINORITY LEADER OF THE SENATE OR A DESIGNEE.
(4) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR A
DESIGNEE.
(5) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
OR A DESIGNEE.
(6) ONE MEMBER FROM EACH CONGRESSIONAL DISTRICT, OF WHOM
NO MORE THAN HALF MAY BE REGISTERED WITH THE SAME POLITICAL
PARTY, APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE
AND WHICH SHALL INCLUDE MEMBERS WHO:
(I) REPRESENT GROUPS ADVOCATING FOR INDIVIDUALS WITH
DISABILITIES;
(II) REPRESENT GROUPS ADVOCATING FOR VOTING RIGHTS;
AND
(III) REPRESENT COUNTY COMMISSIONERS OR COUNTY
ELECTION OFFICIALS.
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(C) DUTIES.--THE BOARD SHALL HAVE THE FOLLOWING DUTIES:
(1) STUDY THIS ACT AND IDENTIFY STATUTORY LANGUAGE TO
REPEAL, MODIFY OR UPDATE.
(2) COLLABORATE WITH OTHER AGENCIES AND POLITICAL
SUBDIVISIONS OF THE COMMONWEALTH TO STUDY ELECTION-RELATED
ISSUES.
(3) STUDY THE DEVELOPMENT OF NEW ELECTION TECHNOLOGY AND
VOTING MACHINES.
(4) EVALUATE AND MAKE RECOMMENDATIONS ON:
(I) IMPROVING THE ELECTORAL PROCESS IN THIS
COMMONWEALTH BY AMENDING THIS ACT OR THROUGH REGULATIONS
PROMULGATED BY THE DEPARTMENT OF STATE; AND
(II) IMPLEMENTING BEST PRACTICES IDENTIFIED TO
ENSURE THE INTEGRITY AND EFFICIENCY OF THE ELECTORAL
PROCESS IN THIS COMMONWEALTH.
(5) BY THE END OF EACH FISCAL YEAR, PUBLISH EXTENSIVE
AND DETAILED FINDINGS ON THE JOINT STATE GOVERNMENT
COMMISSION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND MAKE
THEM AVAILABLE IN ELECTRONIC FORMAT TO THE OFFICE OF THE
GOVERNOR AND MEMBERS OF THE GENERAL ASSEMBLY.
(D) QUORUM.--A MAJORITY OF APPOINTED MEMBERS SHALL
CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING BUSINESS.
(E) CHAIRPERSON AND VICE CHAIRPERSON.--THE MEMBERS SHALL
SELECT A MEMBER TO BE CHAIRPERSON AND ANOTHER MEMBER TO BE VICE
CHAIRPERSON.
(F) TRANSPARENCY AND ETHICS.--THE BOARD SHALL BE SUBJECT TO
THE FOLLOWING LAWS:
(1) THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN
AS THE STATE ADVERSE INTEREST ACT.
(2) THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170),
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REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW.
(3) THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS
THE RIGHT-TO-KNOW LAW.
(4) 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).
(G) INFORMATION GATHERING.--THE BOARD MAY CONDUCT HEARINGS
AND OTHERWISE GATHER RELEVANT INFORMATION AND ANALYSIS THAT IT
CONSIDERS APPROPRIATE AND NECESSARY TO FULFILL ITS DUTIES.
(H) REIMBURSEMENT.--MEMBERS OF THE BOARD SHALL BE REIMBURSED
FOR REASONABLE EXPENSES.
SECTION 15.1. SECTION 1853 OF THE ACT IS AMENDED TO READ:
SECTION 1853. VIOLATIONS OF PROVISIONS RELATING TO ABSENTEE
[ELECTORS] AND MAIL-IN BALLOTS.--IF ANY PERSON SHALL SIGN AN
APPLICATION FOR ABSENTEE BALLOT, MAIL-IN BALLOT OR DECLARATION
OF ELECTOR ON THE FORMS PRESCRIBED KNOWING ANY MATTER DECLARED
THEREIN TO BE FALSE, OR SHALL VOTE ANY BALLOT OTHER THAN ONE
PROPERLY ISSUED TO [HIM] THE PERSON, OR VOTE OR ATTEMPT TO VOTE
MORE THAN ONCE IN ANY ELECTION FOR WHICH AN ABSENTEE BALLOT OR
MAIL-IN BALLOT SHALL HAVE BEEN ISSUED TO [HIM] THE PERSON, OR
SHALL VIOLATE ANY OTHER PROVISIONS OF ARTICLE XIII OR ARTICLE
XIII-D OF THIS ACT, [HE] THE PERSON SHALL BE GUILTY OF A
MISDEMEANOR OF THE [FIRST] THIRD DEGREE, AND, UPON CONVICTION,
SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING [TEN THOUSAND
DOLLARS ($10,000)] TWO THOUSAND FIVE HUNDRED ($2,500), OR BE
IMPRISONED FOR A TERM NOT EXCEEDING [FIVE (5)] TWO (2) YEARS, OR
BOTH, AT THE DISCRETION OF THE COURT.
IF ANY CHIEF CLERK OR MEMBER OF A BOARD OF ELECTIONS, MEMBER
OF A RETURN BOARD OR MEMBER OF A BOARD OF REGISTRATION
COMMISSIONERS, SHALL NEGLECT OR REFUSE TO PERFORM ANY OF THE
DUTIES PRESCRIBED BY ARTICLE XIII OR ARTICLE XIII-D OF THIS ACT,
OR SHALL REVEAL OR DIVULGE ANY OF THE DETAILS OF ANY BALLOT CAST
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IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XIII OR ARTICLE
XIII-D OF THIS ACT, OR SHALL COUNT AN ABSENTEE BALLOT OR MAIL-IN
BALLOT KNOWING THE SAME TO BE CONTRARY TO ARTICLE XIII OR
ARTICLE XIII-D, OR SHALL REJECT AN ABSENTEE BALLOT OR MAIL-IN
BALLOT WITHOUT REASON TO BELIEVE THAT THE SAME IS CONTRARY TO
ARTICLE XIII OR ARTICLE XIII-D, OR SHALL PERMIT AN ELECTOR TO
CAST [HIS] THE ELECTOR'S BALLOT AT A POLLING PLACE KNOWING THAT
THERE HAS BEEN ISSUED TO THE ELECTOR AN ABSENTEE BALLOT, [HE]
THE ELECTOR SHALL BE GUILTY OF A FELONY OF THE THIRD DEGREE,
AND, UPON CONVICTION, SHALL BE PUNISHED BY A FINE NOT EXCEEDING
FIFTEEN THOUSAND DOLLARS ($15,000), OR BE IMPRISONED FOR A TERM
NOT EXCEEDING SEVEN (7) YEARS, OR BOTH, AT THE DISCRETION OF THE
COURT.
SECTION 16. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XVIII-B
EMERGENCY PROVISIONS FOR 2020 GENERAL PRIMARY ELECTION
SECTION 1801-B. ELECTION OFFICERS.
(A) REQUIREMENT.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), AND
NOTWITHSTANDING SECTION 402 OR ANY OTHER LAW OF THIS
COMMONWEALTH, AN ELECTION OFFICER MUST BE A QUALIFIED
REGISTERED ELECTOR OF THE COUNTY IN WHICH THE POLLING PLACE
IS LOCATED.
(2) AN ELECTION OFFICER SHALL NOT BE REQUIRED TO BE A
QUALIFIED REGISTERED ELECTOR IN THE ELECTION DISTRICT IN
WHICH THE ELECTION OFFICER IS APPOINTED.
(B) (RESERVED).
SECTION 1802-B. POLLING PLACE.
(A) CONSOLIDATION OF POLLING PLACES.--
(1) A COUNTY BOARD OF ELECTIONS MAY, NOT LESS THAN 20
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DAYS PRIOR TO THE ELECTION, SELECT AND DESIGNATE AS THE
POLLING PLACE FOR AN ELECTION DISTRICT ANY PUBLIC OR PRIVATE
BUILDING SITUATED IN ANOTHER ELECTION DISTRICT WITHIN THE
COUNTY, NOTWITHSTANDING IF THE BUILDING IS LOCATED IN AN
ELECTION DISTRICT WHICH IS NOT IMMEDIATELY ADJACENT TO THE
BOUNDARY OF THE ELECTION DISTRICT FOR WHICH THE BUILDING IS
TO BE A POLLING PLACE.
(2) A POLLING PLACE MAY BE SELECTED AND DESIGNATED UNDER
THIS SUBSECTION WITHOUT THE APPROVAL OF A COURT.
(3) TWO OR MORE POLLING PLACES MAY BE CONSOLIDATED ,
EXCEPT THAT THE CONSOLIDATION OF POLLING PLACES MAY NOT
RESULT IN MORE THAN A 60% REDUCTION OF POLLING PLACE
LOCATIONS IN THE COUNTY, EXCEPT FOR NECESSITOUS CIRCUMSTANCES
AND AS APPROVED BY THE DEPARTMENT OF STATE. TWO OR MORE
POLLING PLACES MAY BE LOCATED IN THE SAME BUILDING.
(4) A POLLING PLACE SELECTED AND DESIGNATED UNDER THIS
SUBSECTION MUST BE DIRECTLY ACCESSIBLE BY A PUBLIC STREET OR
THOROUGHFARE.
(B) POSTING.--A COUNTY BOARD OF ELECTIONS SHALL, NOT LESS
THAN 15 DAYS PRIOR TO THE ELECTION UNDER SECTION 1804-B, POST IN
A CONSPICUOUS PLACE AT THE OFFICE OF THE COUNTY BOARD OF
ELECTIONS, A LIST OF EACH PLACE AT WHICH THE ELECTION IS TO BE
HELD IN EACH ELECTION DISTRICT OF THE COUNTY. THE LIST SHALL BE
AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE COUNTY
BOARD OF ELECTIONS AND POSTED ON THE COUNTY'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE.
SECTION 1803-B. PERMISSIBLE POLLING PLACE LOCATIONS.
(A) SERVICE.--SUBJECT TO SUBSECTION (B) AND NOTWITHSTANDING
SECTION 529(A) AND (B) OR ANY OTHER LAW OF THIS COMMONWEALTH,
MALT OR BREWED BEVERAGES AND LIQUORS MAY BE SERVED IN A BUILDING
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WHERE A POLLING PLACE IS LOCATED DURING THE HOURS THAT THE
POLLING PLACE IS OPEN, EXCEPT THAT AN ELECTION MAY NOT BE HELD
IN A ROOM WHERE MALT OR BREWED BEVERAGES OR LIQUORS ARE
DISPENSED.
(B) ACCESSIBILITY.--A POLLING PLACE UNDER SUBSECTION (A)
MUST BE ACCESSIBLE FROM AN OUTSIDE ENTRANCE THAT DOES NOT
REQUIRE PASSAGEWAY THROUGH THE ROOM WHERE MALT OR BREWED
BEVERAGES OR LIQUORS ARE DISPENSED.
SECTION 1804-B. GENERAL PRIMARY ELECTION.
(A) TIME.--NOTWITHSTANDING SECTION 603 OR ANY LAW OF THIS
COMMONWEALTH, THE GENERAL PRIMARY ELECTION SHALL OCCUR
THROUGHOUT THIS COMMONWEALTH ON JUNE 2, 2020.
(B) CALCULATION.--THE FOLLOWING SHALL APPLY:
(1) EXCEPT FOR THE DEADLINE RELATING TO THE NOMINATION
OF A CANDIDATE UNDER ARTICLE IX, ANY DATE OR DEADLINE IN THIS
ACT, 25 PA.C.S. PT. IV (RELATING TO VOTER REGISTRATION) OR 25
PA.C.S. CH. 35 (RELATING TO UNIFORM MILITARY AND OVERSEAS
VOTERS) THAT DEPENDS ON, OR IS CONTINGENT ON, THE DATE OF THE
GENERAL PRIMARY ELECTION, SHALL BE CALCULATED BASED ON THE
JUNE 2, 2020, DATE FOR THE GENERAL PRIMARY ELECTION.
(2) NOTWITHSTANDING SUBSECTION (A), THE DUE DATE FOR THE
SIXTH TUESDAY PRE-PRIMARY CYCLE 1 CAMPAIGN FINANCE REPORT
SHALL BE MARCH 17, 2020.
(C) NONAPPLICABILITY.--THIS SECTION SHALL NOT BE CONSTRUED
TO APPLY TO THE NOMINATING PETITION PROCESS.
(D) BALLOTS.--A BALLOT FOR THE GENERAL PRIMARY 2020 WHICH
HAS BEEN PURCHASED, PRINTED OR ACQUIRED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION AND SHOWS AN ELECTION DATE OF APRIL 28,
2020, SHALL NOT BE DEEMED TO BE INVALID BECAUSE OF THE DATE.
SECTION 1805-B. EXPIRATION.
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THIS ARTICLE SHALL EXPIRE ON JULY 3, 2020.
SECTION 17. THIS ACT SHALL APPLY AS FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF THE FOLLOWING SHALL
APPLY TO ELECTIONS OCCURRING ON OR AFTER JUNE 2, 2020:
(I) SECTION 102(A.1),(G.1) AND (Z.6).
(II) SECTION 1302.2(C).
(III) SECTION 1308(G).
(IV) SECTION 1301-D(A).
(V) SECTION 1302.2-D(A).
(2) THE AMENDMENT OR ADDITION OF THE FOLLOWING SHALL
APPLY TO ELECTIONS OCCURRING ON OR AFTER NOVEMBER 2, 2020:
(I) SECTION 302(P).
(II) SECTION 1302(I)(1).
(III) SECTION 1303(E).
(IV) SECTION 1306(B).
(V) SECTION 1302-D(F).
(VI) SECTION 1303-D(E).
(VII) SECTION 1306-D(B).
(3) THE AMENDMENT OR ADDITION OF THE FOLLOWING SHALL
APPLY TO ENVELOPES AND BALLOTS PURCHASED, PRINTED OR ACQUIRED
AFTER THE EFFECTIVE DATE OF THIS SECTION:
(I) SECTION 1004.
(II) SECTION 1109-A(B) AND (E).
(III) SECTION 1112-A(B)(2),(3) AND (4).
(IV) SECTION 1303(A).
(V) SECTION 1304.
(VI) SECTION 1306(A).
(VII) SECTION 1303-D(A.1).
(VIII) SECTION 1304-D(A).
(IX) SECTION 1306-D(A).
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SECTION 18. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OR
ADDITION OF SECTION 1231(C)(2) AND (E).
(2) 25 PA.C.S. § 1328(C)(4) AND (5) ARE REPEALED.
SECTION 19. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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