PRINTER'S NO. 1660
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
30
Session of
2021
INTRODUCED BY DAY, ARMANINI, COX, DOWLING, FRITZ, GILLEN, HAMM,
KAUFFMAN, KERWIN, MILLARD, PENNYCUICK, ROWE AND RYAN,
JUNE 3, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 2021
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in voting by qualified mail-in electors, further
providing for applications for official mail-in ballots and
for voting by mail-in electors and providing for thumbprint
verification and for election management system.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-D(b), (d) and (f) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, amended March 27, 2020 (P.L.41, No.12), are amended and
the section is amended by adding a subsection to read:
Section 1302-D. Applications for official mail-in ballots.
* * *
(a.1) Other proper requests.--A guardian of a qualified
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
elector under section 1301-D, a person acting under a valid
power of attorney for a qualified elector under section 1301-D
or the next of kin of a qualified elector under section 1301-D
may apply at any time before any primary or election for an
official mail-in ballot for the qualified elector under section
1301-D in person or on any official county board of election
form addressed to the Secretary of the Commonwealth or the
county board of election of the county in which the qualified
elector's voting residence is located.
(b) Content.--The following shall apply:
(1) The [qualified elector's] application under
subsection (a) or (a.1) shall contain the following
information regarding the qualified elector:
(i) Date of birth.
(ii) Length of time a resident of voting district.
(iii) Voting district, if known.
(iv) Party choice in case of primary.
(v) Name.
(2) A qualified elector or person specified under
subsection (a.1) shall, in addition, specify the address to
which the ballot is to be sent, the relationship where
necessary and other information as may be determined by the
Secretary of the Commonwealth.
(3) When an application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
* * *
(d) Signature not required.--If any elector entitled to a
mail-in ballot under this section is unable to sign the
application because of illness or physical disability, the
20210HB0030PN1660 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
elector shall be excused from signing upon making a statement
which shall be witnessed by one adult person in substantially
the following form:
I hereby state that I am unable to sign my application
for a mail-in 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 or I have provided my thumbprint in lieu
of my signature.
(Mark) or (Thumbprint)
(Date)
(Complete Address of Witness)
(Signature of Witness)
* * *
(f) Form.--Application for an official mail-in ballot shall
be on physical and electronic forms prescribed by the Secretary
of the Commonwealth. The application shall state that a voter
who 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 application shall also
state that the voter is a qualified voter, resides at the
residence as provided in the application and is voting in only
one location for the election, subject to the penalties under 18
Pa.C.S. § 4904. The physical application forms shall be made
freely available to the public at county board of elections,
20210HB0030PN1660 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
Section 2. Section 1306-D(a.1) of the act is amended and the
section is amended by adding a subsection to read:
Section 1306-D. Voting by mail-in electors.
* * *
(a.1) Signature.--Any elector who is unable to sign the
declaration because of illness or physical disability, shall be
excused from signing upon making a declaration which shall be
witnessed by one adult person in substantially the following
form:
I hereby declare that I am unable to sign my declaration
for voting my mail-in 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 or I have provided my thumbprint in lieu of my
signature.
(Mark) or (Thumbprint)
(Date)
(Complete Address of Witness)
(Signature of Witness)
(a.2) Assistance.--An adult person who assists an elector in
voting a mail-in ballot or signing the declaration for the mail-
20210HB0030PN1660 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
in ballot shall sign the declaration and provide other necessary
information as prescribed by law. The adult person may not
assist more than 12 electors with mail-in ballots during an
election.
* * *
Section 3. The act is amended by adding sections to read:
Section 1309-D. Thumbprint verification.
The Department of State shall develop thumbprint verification
procedures to be used along with signature-by-mark requirements
under this article if a qualified elector is unable to sign the
application for a mail-in ballot or the mail-in ballot without
assistance because of illness or physical disability.
Section 1310-D. Election management system.
Each county board, in consultation with the Department of
State, shall develop and implement an election management system
to track each mail-in ballot issued during an election.
Section 4. This act shall apply to elections occurring more
than 90 days after the effective date of this section.
Section 5. This act shall take effect immediately.
20210HB0030PN1660 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19