PRINTER'S NO. 1125

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

818

Session of

2019

INTRODUCED BY SCHWANK, SANTARSIERO, BOSCOLA, FONTANA, FARNESE,

KEARNEY, COSTA, HUGHES, MUTH, YUDICHAK, HAYWOOD AND BREWSTER,

AUGUST 7, 2019

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 preliminary provisions, further providing for

definitions; and, in voting by qualified absentee electors,

further providing for qualified absentee electors, for

applications for official absentee ballots, for date of

hereby enacts as follows:

Section 1. Section 102(z.5)(3) of the act of June 3, 1937

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

amended 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:

* * *

(z.5) The words "proof of identification" shall mean:

* * *

elector's Social Security number;

(iii) in the case of an elector who has a religious

objection to being photographed, a copy of a document that

satisfies paragraph (1); [or]

(iv) in the case of an elector who has not been issued a

current and valid driver's license or Social Security number, a

copy of a document that satisfies paragraph (2)[.]; or

(v) for the purposes of this paragraph, "driver's license"

shall mean either a driver's license issued by the Department of

Transportation, a nondriver photo identification card or a

manner hereinafter provided:

* * *

(o) Any qualified elector who desires to vote by absentee

ballot.

Section 3. Section 1302(b), (c), (d), (e), (e.1) and (i) of

the act are amended and the section is amended by adding

subsections to read:

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

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.

(c) [The application of any qualified elector, as defined in

Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),

may submit his application for an official absentee ballot by

[facsimile] electronic transmission method. [if the original

application is received prior to the election by the county

election office. The absentee ballot of the qualified military

or overseas elector shall not be counted unless the elector's

original application is received prior to the election by the

county election office.] The [facsimile] electronic transmission

ballot under a method authorized under 25 Pa.C.S. Ch. 35

(relating to uniform military and overseas voters) may submit an

application using a method authorized under the act, in addition

to the methods authorized in this article.

(d) The application of any qualified elector, as defined in

preceding section 1301, subsections [(b)] (a) to (h), inclusive,

for an official absentee ballot in any primary or election shall

be signed by the applicant[.], except that for electors, as

defined in section 1301(a), an adult member of the applicant's

immediate family may sign the application on the elector's

ballot on any official county board of election form addressed

to the Secretary of the Commonwealth of Pennsylvania or the

county board of elections of the county in which his voting

residence is located.

The application shall contain the following information:

Residence at the time of becoming bedridden or hospitalized,

[length of time a citizen, length of residence in Pennsylvania,

date of birth, length of time a resident in voting district,]

primary or election shall be made on information supplied over

the signature of the bedridden or hospitalized veteran as

required in the preceding subsection. Any qualified registered

elector, including a spouse or dependent referred to in

subsection (l) of section 1301, who expects to be or is absent

from the municipality of his residence because his duties,

occupation or business require him to be elsewhere on the day of

any primary or election and any qualified registered elector who

is unable to attend his polling place on the day of any primary

or election because of illness or physical disability and any

county in which his voting residence is located for an Official

Absentee Ballot. Such application shall be made upon an official

application form supplied by the county board of elections. Such

official application form shall be determined and prescribed by

the Secretary of the Commonwealth of Pennsylvania.

(1) The application of any qualified registered elector,

including spouse or dependent referred to in subsection (l) of

section 1301, who expects to be or is absent from the

shall be signed by the applicant and shall include the surname

and given name or names of the applicant, proof of

identification, his occupation, date of birth, [length of time a

resident in voting district,] voting district if known, place of

residence, post office address to which ballot is to be mailed,

the reason for his absence, and such other information as shall

make clear to the county board of elections the applicant's

right to an official absentee ballot.

(2) The application of any qualified registered elector who

is unable to attend his polling place on the day of any primary

hospitalized, [length of time a resident in voting district,]

voting district if known, place of residence, post office

address to which ballot is to be mailed, and such other

information as shall make clear to the county board of elections

the applicant's right to an official ballot. In addition, the

application of such electors shall include a declaration stating

the nature of their disability or illness, and the name, office

address and office telephone number of their attending

unable to sign my application for an absentee ballot without

assistance because I am unable to write by reason of my illness

or physical disability. I have made or have received assistance

in making my mark in lieu of my signature.

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

(Complete Address of Witness) (Signature of Witness)

(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

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 [for each primary or election]

otherwise eligible to receive one, by the first Monday in

February each year, 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

county of his residence. An absentee ballot application mailed

to a voter under this section, which is completed and timely

returned by the voter, 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.

* * *

(e.3) (1) Any qualified elector applying under section

1301(o) who desires to vote by absentee ballot may apply to the

Commonwealth shall include the surname and given name or names

of the applicant, proof of identification, date of birth, voting

district if known, place of residence, post office address to

which ballots are to be mailed, applicant's signature and other

information as shall make clear to the county board of elections

the applicant's right to an official absentee ballot.

(3) As an alternative to the official application form

described in subsections (a) and (b) above, a qualified elector

(4) In the event an elector is unable to write due to a

disability or an illness, or in the case of a uniformed-service

voter, the elector need not sign the application or letter

personally, but may have an adult member of the applicant's

immediate family sign the application or letter at the

applicant's direction. For the purposes of this paragraph, the

term "uniformed-service voter" shall have the same meaning as in

25 Pa.C.S. § 3502 (relating to definitions).

* * *

(i) (1) Application for official absentee ballots shall be

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

Veterans and Emergency Civilians Absentee Voters File as

provided in section 1302.3, subsection (b): Providing, however,

That no application of any qualified elector in military service

shall be rejected for failure to include on his application any

registration prior to or concurrently with the time of voting as

provided under preceding section 1301, shall ascertain from the

information on such application or from any other source that

such applicant possesses all the qualifications of a qualified

elector. If the board is satisfied that the applicant is

entitled, under the 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 and that the applicant is qualified to receive an

official absentee ballot, the application shall be marked

the applicable deadline for the absentee ballots to be received,

as provided in section 1308(g). When so approved, the county

board of elections shall cause the applicant's name and

residence (and at a primary, the party enrollment) to be

inserted in the Military, Veterans and Emergency Civilian

Absentee Voters File as provided in section 1302.3 subsection

(b).

(c) The county board of elections, upon receipt of any

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 elector. Such challenges must

be made to the county board of elections prior to [5:00 o'clock

P.M. on the first Friday prior to the election] 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

insertion of the absentee voter's temporary registration card of

any elector from the district register as set forth in section

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 five o'clock P. M. on the first

Friday prior to the primary or election, the county board of

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). In addition, the local district boards of elections shall,

upon canvassing the official absentee ballots under section

1308, examine the voting check list of the election district of

said elector's residence and satisfy itself that such elector

did not cast any ballot other than the one properly issued to

him under his absentee ballot application. In all cases where

the examination of the local district board of elections

(e) The [absentee voter's temporary registration card]

voter's record in the district register 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." [Such

card shall also contain the affidavit required by subsection (b)

of section 1306.]

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

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

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

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

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

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

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

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

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

absentee ballots or special write-in absentee ballots as

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

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

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.

(b) (1) 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)] (o), inclusive, shall commence to deliver or mail

official absentee ballots [on] as soon as a ballot is certified

and the ballots are available. While any proceeding is pending

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 after the time that the county board of elections

begins advertising or mailing absentee ballots, the board shall

deliver or mail official absentee ballots to such additional

electors within forty-eight hours.

(2) Notwithstanding any other provisions of this act and the

request and approval under section 1302.2, the county board of

elections shall promptly present the voter with an absentee

ballot. If a voter presents an application within the county's

board of elections office in accordance with this section, a

county board of elections may not deny the voter's request

unless there is a bona fide objection to the absentee ballot

application.

[(c) Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

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

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

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

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

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

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)

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

(Complete Address of Witness) (Signature of Witness)

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

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

shall then be included in and returned to the county board with

the returns of that district. Except as provided in section

1302.1(a.2) and subsection (g), no absentee ballot shall be

counted which is received in the office of the county board of

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

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

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

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

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

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

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,

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

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).

(f) Any person challenging an application for an absentee

ballot or an absentee ballot for any of the reasons provided in

this act shall deposit the sum of ten dollars ($10.00) in cash

the challenge is dismissed by any lawful order then the deposit

shall be forfeited. [All deposit money received by the local

election board shall be turned over to the county board

simultaneously with the return of the challenged ballots.] The

county board shall deposit all deposit money in the general fund

of the county.

Notice of the requirements of subsection (b) of section 1306

shall be printed on the envelope for the absentee ballot.

(g) (1) (i) An absentee ballot cast by any absentee

elector as defined in section 1301(a), (b), (c), (d), (e), (f),

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

Law 99-410, 100 Stat. 924) 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) , (n) and (o)

seventh day following 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 as provided under

25 Pa.C.S. § 3511 (relating to receipt of voted ballot). One

authorized representative of each candidate in an election and

one representative from each political party shall be permitted

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

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,"

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

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

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

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

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

* * *