PRINTER'S NO. 1636

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1498

Session of

2021

INTRODUCED BY MOUL, SILVIS, PICKETT, MILLARD, RYAN, HAMM,

METCALFE, ROTHMAN, KAUFFMAN, JAMES, RADER, COOK, PENNYCUICK,

STAMBAUGH, ECKER, WARNER, MENTZER, ZIMMERMAN AND BERNSTINE,

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 county boards of elections, further providing

for powers and duties of county boards; in voting by

qualified absentee electors, further providing for voting by

Section 1. Section 302(p) 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), 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

(i).

Section 2. Section 1306(a) introductory paragraph and (b)(3)

of the act, amended March 27, 2020 (P.L.41, No.12), are amended

and subsection (b) is amended by adding a paragraph 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

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[.] to a member or an

employe of the county board of elections at the permanent

offices of the county board of elections, to a member or an

employe of the county board of elections at a location at the

(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

mail-in ballot be voided.

(Date)

(Signature of Elector)................(Address of Elector)

(Local Judge of Elections)] personally deliver the completed

absentee ballot, enclosed within both the envelope marked

"Official Election Ballot" and the envelope containing the

declaration of the elector, to only the following:

(i) The judge of elections of the elector's election

elections.

(4) A judge of elections shall keep all material delivered

under paragraph (3)(i) in a secure, safe and sealed container in

the custody of the judge of elections until delivery of the

material to the county board of elections under section

1308(a.1).

* * *

Section 3. Section 1308 of the act is amended by adding a

subsection to read:

Section 1308. Canvassing of Official Absentee Ballots and

Section 4. Section 1306-D(a) and (b)(3) of the act, amended

March 27, 2020 (P.L.41, No.12), are amended and subsection (b)

is amended by adding a paragraph to read:

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

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.] to a member or an employee

of the county board of elections at the permanent offices of the

county board of elections, to a member or an employee of the

county board of elections at a location at the county courthouse

designated by the county board of elections or to the judge of

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:

absentee ballot or mail-in ballot be voided.

completed mail-in ballot, enclosed within both the envelope

marked "Official Election Ballot" and the envelope containing

the declaration of the elector, to only the following:

(i) The judge of elections of the elector's election

delivered under paragraph (3)(i) in a secure, safe and sealed

container in the custody of the judge of elections until

delivery of the material to the county board of elections

under section 1308(a.1).

* * *

Section 5. This act shall take effect in 60 days.