Regular Session 2021-2022 House Bill 2540 P.N. 3023

PRINTER'S NO. 3023

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2540

Session of

2022

INTRODUCED BY HERSHEY, DOWLING, GILLESPIE, M. MACKENZIE,

MENTZER, ROTHMAN, ROWE, SAYLOR AND SMITH, APRIL 25, 2022

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 25, 2022

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 preliminary provisions, further providing for

definitions and providing for bureau of election audits; in

the Secretary of the Commonwealth, further providing for

powers and duties of the Secretary of the Commonwealth; in

county boards of elections, further providing for powers and

duties of county boards; providing for registration of

electors; in ballots, further providing for number of ballots

to be printed and specimen ballots; in preparation for and

conduct of primaries and elections, further providing for

deadline for receipt of valid voter registration application;

in voting by qualified absentee electors, further providing

for approval of application for absentee ballot, for absentee

and mail-in electors files and lists, for delivering or

mailing ballots, for voting by absentee electors, for

canvassing of official absentee ballots and mail-in ballots;

repealing provisions relating to voting by qualified mail-in

electors; in returns of primaries and elections, further

providing for computation of returns by county board,

certification and issuance of certificates of election; in

penalties, further providing for violation of provisions

relating to absentee and mail-in ballots; and making a

related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102(e), (q.1), (z.5) and (z.6) of the act

of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, amended or added March 27, 2020 (P.L.41, No.12),

are 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:

* * *

(e) The words "district register" shall mean the [cards]

electronic poll book containing all or any part of the registry

list of qualified electors of the same election district, as

prepared by the registration commissions.

* * *

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

[(1) In the case of an elector who has a religious objection

to being photographed, a valid-without-photo driver's license or

a valid-without-photo identification card issued by the

Department of Transportation.

(2) For an elector who appears to vote under section 1210, a

document that:

(i) shows the name of the individual to whom the document

was issued and the name substantially conforms to the name of

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the individual as it appears in the district register;

(ii) shows a photograph of the individual to whom the

document was issued;

(iii) includes an expiration date and is not expired,

except:

(A) for a document issued by the Department of

Transportation which is not more than twelve (12) months past

the expiration date; or

(B) in the case of a document from an agency of the Armed

forces of the United States or their reserve components,

including the Pennsylvania National Guard, establishing that the

elector is a current member of or a veteran of the United States

Armed Forces or National Guard which does not designate a

specific date on which the document expires, but includes a

designation that the expiration date is indefinite; and

(iv) was issued by one of the following:

(A) The United States Government.

(B) The Commonwealth of Pennsylvania.

that municipality.

(D) An accredited Pennsylvania public or private institution

of higher learning.

(E) A Pennsylvania care facility.

(3) For a qualified absentee elector under section 1301 or a

qualified mail-in elector under section 1301-D:

(i) in the case of an elector who has been issued a current

and valid driver's license, the elector's driver's license

number;

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

current and valid driver's license, the last four digits of the

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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).

(z.6) The words "qualified mail-in elector" shall mean a

qualified elector. The term does not include a person

specifically prohibited from being a qualified absentee elector

under section 1301.]

(1) an elector's driver's license;

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

to being photographed, a copy of a valid-without-photo driver's

license or a valid-without-photo identification card issued by

the Department of Transportation;

(3) an elector's voter registration card with scannable

identification number and a copy of the elector's signature;

(4) a document from an agency of the armed forces of the

United States or their reserve components, including the

Pennsylvania National Guard, establishing that the elector is a

current member or a veteran of the United States Armed Forces or

National Guard which does not designate a specific date on which

the document expires, but includes a designation that that

expiration date is indefinite;

(5) a document issued by the Secretary of the Commonwealth

for the purposes of voter identification, including both a photo

and a copy of the elector's signature; or

(6) a document that shows the name and photograph of the

individual to whom the document was issued, includes an

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expiration date and is not expired and is issued by one of the

following:

(i) The United States Government.

(ii) The Commonwealth of Pennsylvania.

Section 2. The act is amended by adding a section to read:

Section 108. Bureau of Election Audits.--(a) The Bureau of

Election Audits is established in the Department of the Auditor

General.

(b) The Bureau of Election Audits shall have subpoena power

to request from the Department of State or a county any

documents, records, papers, data, ballots, election materials or

testimony necessary for the efficient completion of the audits

required under this section.

audits in accordance with generally accepted governmental audit

standards (GAGAS) and appropriate Service Organization Control

standards and shall ensure that the audit methodology will

verify the accuracy of the election and the accuracy of

election equipment used.

(d) For audits that occur during an election year in which

the Auditor General stands for election, the Auditor General

shall appoint an independent special auditor who shall be a

licensed certified public accountant and shall have experience

in completing election audits to oversee the operation of the

Bureau of Election Audits.

(e) The Bureau of Election Audits shall ensure continuous

improvement of the election audits required under this section

to ensure the accuracy of election results and compliance with

Federal and State laws.

(f) The duties of the Bureau of Election Audits shall

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include:

(1) Except if a full manual recount of an election is

undertaken or an election is uncontested, to conduct result-

confirming audits of each election in this Commonwealth,

completed by the third Friday following the election. The audits

shall include:

(i) A statistically sound ballot-polling, risk-limiting

audit of ballots for each election.

(ii) An audit of election machine logs.

(iii) An audit of the returned absentee, including a

comparison of retained envelopes on which the executed

declarations appear, secrecy envelopes and the total number of

absentee ballots canvassed.

(iv) An audit comparing each canvassed and retained paper

ballot in each county with the number of votes recorded.

(v) An audit of the pre-election testing of election

equipment conducted by each county.

(vi) Any other audit deemed necessary by the Bureau of

Election Audits to ensure public trust in the outcome of each

election.

(2) To conduct a comprehensive audit of the Statewide

Uniform Registry of Electors (SURE) System at least once every

two years, including an audit of the accuracy of the list of

registered voters.

(3) To conduct performance audits of the operations of

elections systems and processes at least once every five years.

The audits shall include:

(i) An audit of each county election office in the

Commonwealth, including an audit of each county's chain of

custody procedures for all ballots.

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(ii) An audit of the Department of State's election

equipment certification process.

(iii) An audit of the Department of State's administration

of elections.

(iv) Any other audit deemed necessary by the Bureau of

Election Audits to ensure public trust in the election

administration in this Commonwealth.

(4) To publicly post audit methodologies for each of the

audits required under this section, including on the Auditor

General's publicly accessible Internet website and the

Department of State's publicly accessible Internet website.

(5) To publicly post the results of each audit required

under this section, including on the Auditor General's publicly

accessible Internet website, the Department of State's publicly

accessible Internet website and each county's publicly

accessible Internet website.

(6) To monitor corrective action plans developed by entities

audited under this section, ensuring that the corrective action

plan addresses deficiencies identified by an audit and that the

plan is successfully executed to remediate deficiencies.

(g) If a full manual recount of an election is undertaken,

the Bureau of Election audits shall not be required to perform

the audit required under subsection (f)(1)(i).

(h) The duties of the county board of elections shall

include:

(1) Cooperating with the Bureau of Election Audits to enable

efficient conduct of audits required under subsection (f).

(2) Cooperating with the Bureau of Election Audits to post

the results of audits conducted in that county as required under

subsection (f)(4).

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(3) Holding a public meeting between the third Saturday

after an election and the fourth Thursday after an election, at

which the board shall make publicly available to the residents

of the county the results of audits conducted under subsection

(f).

(4) Submitting to the Department of State, along with the

certified results of the election, a report with the results of

the audits conducted under subsection (f)(3). The report shall

include the following:

(i) The overall accuracy of election results as confirmed by

the audits under subsection (f)(3).

(ii) A description of any problem or discrepancies

encountered in the administration of the election.

(iii) The identified causes of any problems or

discrepancies.

(5) Submitting to the Department of State, within ninety

(90) days after any election, recommended corrective actions

with respect to avoiding or mitigating any problems or

discrepancies in future elections.

(6) Developing a corrective action plan to address any

findings of error or deficiency within an audit conducted under

this section.

(i) The duties of the Department of State shall include:

(1) Cooperating with the Bureau of Election Audits to enable

efficient conduct of each audit required under subsection (f).

(2) Cooperating with the Bureau of Election Audits to post

the methodologies and results of audits conducted in this

Commonwealth as required under subsection (f)(3) and (4).

(3) To develop a corrective action plan to address any

findings of error or deficiency within an audit conducted under

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this section.

Section 3. Section 201 of the act is amended by adding a

subsection to read:

Section 201. Powers and Duties of the Secretary of the

Commonwealth.--The Secretary of the Commonwealth shall exercise

in the manner provided by this act all powers granted to him by

this act, and shall perform all the duties imposed upon him by

this act, which shall include the following:

* * *

(i) To decline to accept any private donation or

contribution for the purposes of operating elections, employing

staff or selecting and equipping a polling place or for use in

voter education or outreach.

Section 4. Section 302(p) of the act, amended March 27, 2020

(P.L.41, No.12), is amended and the section is amended by adding

a subsection 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 cast in the election district

and statements signed under [sections] section 1306 [and 1302-

D].

(q) To decline to accept any private donation or

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contribution for the purposes of operating elections, employing

staff or selecting and equipping a polling place or for use in

voter education or outreach.

Section 5. The act is amended by adding an article to read:

ARTICLE VII-A

REGISTRATION OF ELECTORS

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 700-A. 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:

"Applicant." An individual who applies to be registered to

vote as provided for under this article and 25 Pa.C.S. Pt. IV

(relating to voter registration).

"Commission." A registration commission established under 25

Pa.C.S. § 1203 (relating to commissions).

"Commissioner." A member of a commission.

"County." A county of this Commonwealth. The term includes a

county within which is located a city of the first class or with

which a city of the first class is coextensive.

"Department." The Department of State of the Commonwealth.

"District." An election district or precinct of a

municipality.

"District register." The list of registered electors

prepared by the commission under 25 Pa.C.S. § 1402 (relating to

district registers).

"General register." The list of registered electors prepared

by the commission under 25 Pa.C.S. § 1401 (relating to general

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"Military elector." Any of the following:

(1) An individual in military service and the

individual's spouse and dependents.

(2) An individual in the merchant marine and the

individual's spouse and dependents.

(3) An individual in a religious or welfare group

officially attached to and serving with the armed forces of

the United States and the individual's spouse and dependents.

(4) An individual who is a civilian employee of the

United States outside the territorial limits of the United

States, whether or not the individual is subject to the civil

service laws and whether or not the individual is paid from

funds appropriated by Congress, and the individual's spouse

and dependents.

"Party." Any of the following:

(1) A party or political body, one of whose candidates

at the general election immediately preceding the primary:

(i) polled, in each of at least 10 counties, at

least 2% of the largest entire vote cast in the county

for any elected candidate; and

(ii) polled a total vote in this Commonwealth equal

to at least 2% of the largest entire vote cast in this

Commonwealth for any elected candidate.

(2) A party or political body, one of whose candidates

at either the general or municipal election preceding the

primary polled at least 5% of the largest entire vote cast

for any elected candidate in any county.

"Political body." A political body not recognized as a

political party which has filed proper nomination papers as

required by law.

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"Qualified elector." An applicant who possesses all of the

qualifications for voting prescribed by the Constitution of

Pennsylvania and the laws of this Commonwealth or who, being

otherwise qualified by continued residence in the election

district, obtains such qualifications before the next ensuing

election. The term does not include a military elector.

"Registrant" or "registered elector." A qualified elector

who is registered to vote in accordance with this article and 25

Pa.C.S. Pt. IV.

"Registration card." A registration record containing all

information required on the registration application, including

the elector's signature, and suitable space for the insertion by

the appropriate official of the following information:

(1) The ward and election district of residence.

(2) The registrant's street address.

(3) Data required to be given upon removal from the

registrant's residence.

(4) The date of each election at which the registrant

votes.

(5) The number and letter of the stub of the ballot

issued to the registrant or the registrant's number in the

order of admission to the voting machines.

(6) The initials of the election officer who enters the

record of voting in the district register.

(7) Whether the registrant needs assistance to vote and,

if so, the nature of the disability.

"Registration records." The general register, district

commission. The term includes any record maintained by the

commission on the Statewide Uniform Registry of Electors.

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"Secretary." The Secretary of the Commonwealth.

"Statewide Uniform Registry of Electors" or "SURE system."

The integrated voter registration system of all registered

electors in this Commonwealth established in 25 Pa.C.S. Ch. 12

Subch. B (relating to Statewide Uniform Registry of Electors

(SURE)).

SUBARTICLE B

QUALIFICATIONS

Section 701-A. Qualifications to register.

(a) Eligibility.--An individual who will be at least 18

years of age on the day of the next election, who has been a

citizen of the United States for at least one month prior to the

next election and who has resided in this Commonwealth and the

election district where the individual offers to vote for at

least 30 days prior to the next ensuing election shall be

eligible to register as provided in this act.

(b) Effect.--No individual shall be permitted to vote at any

election unless the individual is registered under this

subsection, except as provided by law or by order of a court of

common pleas. No registered elector shall be required to

reside at the same address.

under this article and 25 Pa.C.S. Pt. IV (relating to voter

registration), a registered elector who removes residence from

one place to another outside the elector's last election

district shall not be entitled to vote in the election district

of the elector's last residence except pursuant to the

provisions of this section and 25 Pa.C.S. §§ 1501(b) (relating

to removal notices), 1502 (relating to transfer of registration)

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and 1902 (relating to procedure for voting following failure to

return notification card).

Section 702-A. Residence of electors.

(a) General rule.--

(1) For the purpose of registration and voting, no

individual shall be deemed to have gained a residence by

reason of presence or lost a residence by reason of absence

in any of the following circumstances:

(i) Being employed in the service, either civil or

military, of this Commonwealth or of the United States.

(ii) Being engaged in the navigation of the waters

of this Commonwealth or of the United States or on the

high seas.

(iii) Being in an institution at public expense.

This subparagraph does not apply to a veteran who resides

in a home for disabled and indigent soldiers and sailors

maintained by the Commonwealth. Such a veteran may elect

to utilize that residence for registration and voting or

elect to vote as an absentee elector by the use of an

absentee ballot.

(2) Nothing in paragraph (1) shall preclude any elector

eligible under section 701-A from establishing the district

of residence as the election district of residence under

subsection (b).

(3) Except as otherwise provided in this subsection, no

individual who is confined in a penal institution shall be

deemed a resident of the election district where the

institution is located. The individual shall be deemed to

reside where the individual was last registered before being

confined in the penal institution, or, if there was no

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registration prior to confinement, the individual shall be

deemed to reside at the last known address before

confinement.

(4) An individual who resides at a mental health

facility, if otherwise qualified under section 701-A, shall

be deemed at the individual's option a resident in one of the

following:

(i) The district where the institution is located.

(ii) The district where the individual was last

registered to vote before entering the institution. For

purposes of this subparagraph, if the individual was not

registered before entering the institution, the

individual shall be deemed to reside at the last known

address before entering the institution.

(b) Rules for determination.--The following apply:

(1) That the place shall be considered the residence of

an individual in which habitation is fixed and to which,

whenever the individual is absent, the individual has the

intention of returning.

(2) An individual shall not be considered to have lost

residence if the individual leaves home and goes into another

state or another election district for temporary purposes

only, with the intention of returning.

(3) An individual shall not be considered to have gained

a residence in an election district if the individual comes

into that district for temporary purposes only, without the

intention of making that election district a permanent place

of abode.

(4) If an individual removes to another state with the

intention of making that state the individual's permanent

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residence, the individual shall be considered to have lost

residence in this Commonwealth.

(5) If an individual removes to another state with the

intention of remaining there an indefinite time and making

that state the place of residence, the individual shall be

considered to have lost residence in this Commonwealth,

notwithstanding an intention to return at some indefinite

future period.

(6) If an individual goes into another state and, while

there, votes in an election held by that state, the

individual shall be considered to have lost residence in this

Commonwealth.

(7) An individual employed in the service of the Federal

Government or of the Commonwealth and required thereby to be

absent from the municipality where the individual resided

when entering that employment and the spouse of the

individual may remain registered in the district where the

individual resided immediately prior to entering that

employment, and the individual and the spouse shall be

enrolled in the political party designated by the individual

or spouse without declaring a residence by street and number

as follows:

(i) An individual who registers under this paragraph

for Commonwealth employment must produce a certificate

from the head of the State agency, under the seal of

office, providing that the individual or the individual's

spouse is actually employed in the service of the

Commonwealth and providing the nature of the employment

and the time when the employee first entered the

employment. The commission shall retain certificates

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under this subparagraph.

(ii) The commission shall note on the registration

record of each individual registered under this paragraph

the fact of Federal or State employment.

(iii) At least once every two years the commission

shall verify the employment of the individuals registered

under this paragraph at the proper Federal or State

office. If an individual is found to no longer be a

Federal or State employee, the individual's registration

shall be canceled under 25 Pa.C.S. Ch. 15 (relating to

changes in records).

SUBARTICLE C

PROCEDURE

Section 721-A. Methods of voter registration.

An individual qualified to register to vote under section

701-A(a) may apply to register as follows:

(1) Under section 722-A.

(2) Under section 722.1-A.

(3) Under section 723-A.

(4) Under section 724-A.

(5) Under section 725-A.

Section 722-A. In-person voter registration.

(a) General rule.--Applications may be submitted to register

to vote or change party enrollment or name or address on a

current registration record in person before the commission or a

commissioner, a registrar or a clerk at the office of the

commission or at a place designated by the commission. The

applicant shall be advised that any intentional false statement

on the application constitutes perjury and will be punishable as

such. The applicant shall provide the information required on

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the registration application and sign the registration

declaration. The commission shall prepare and provide voter

registration applications for the purpose of registering

qualified electors in accordance with this section.

Notwithstanding any other provision of this article and 25

Pa.C.S. Pt. IV (relating to voter registration), the commission

may use a mail registration application for in-person

registration. The commission shall mail the qualified elector an

identification card in accordance with section 728-A.

(b) Notice.--The commission shall, at least 30 days prior to

each establishment's opening, publish under section 106 the

address of each place of registration, the address of each

office of the commission established for the registration of

qualified electors other than its main office and the days and

hours when the place or office is open for the registration of

qualified electors. The announcement shall be made by posting

notice at the place or office and at the commission's main

office and by other means as the commission deems advisable.

any polling place to be open, in proper order for use, as a

place of registration on each day when the polling place is

desired by the commission or required by the provisions of this

article and 25 Pa.C.S. Pt. IV for use as a place of

registration. The appropriating authority of the county shall

provide for the payment of rentals for such polling places and

other places of registration.

(d) Schools.--The board of public education or the board of

school directors shall furnish suitable space in any public

school building under its jurisdiction or control and shall

cause the space to be open and in proper order for use as a

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place of registration on each day when the space is desired by

the commission for use as a place of registration in accordance

with the provisions of this article and 25 Pa.C.S. Pt. IV. Use

under this subsection may not interfere with school instruction.

(e) Municipal buildings.--The proper authority in the county

or municipality shall furnish suitable space in a building under

its jurisdiction or control and shall cause the space to be open

and in proper order for use as a place of registration on each

day when the space is desired by the commission for use as a

place of registration. Use under this subsection may not

interfere with the use for which the space is primarily

designed.

Section 722.1-A. Online voter registration.

(a) Application.--An application may be submitted to

on a current registration record through an online application

developed by the secretary and provided on the department's

publicly accessible Internet website. The applicant shall

provide the information required on the registration application

and electronically sign the registration declaration.

(b) Prohibition.--Except for an application developed under

subsection (a), no other application or third-party interface

may be approved or used for the purposes of voter registration.

Section 723-A. Application with driver's license application.

(a) General rule.--

(1) The Department of Transportation shall provide for

simultaneous application for voter registration in

conjunction with the process under 75 Pa.C.S. § 1510

(relating to issuance and content of driver's license). An

application under this subsection shall serve as an

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application to register to vote unless the applicant fails to

sign the voter registration application. The secretary has

the primary responsibility for implementing and enforcing the

driver's license voter registration system created under this

section. The secretary, in consultation with the Secretary of

Transportation, may promulgate regulations for implementing

this section.

(2) An application for voter registration submitted to

the Department of Transportation under this subsection shall

be considered as updating any previous voter registration

information by a registrant.

(3) Any change of address submitted to the Department of

Transportation for the purposes of driver licensing shall

serve as notification of change of address for voter

registration for the registrant involved unless the

registrant indicates that the change of address is not for

voter registration purposes.

(b) Process.--

(1) The Department of Transportation shall provide for

an application for voter registration as part of a driver's

license application.

(2) The format of the driver's license/voter

registration application shall be determined and prescribed

by the secretary and the Secretary of Transportation.

(3) The voter registration application portion of the

application shall contain all the requirements of an official

voter registration application specified in section 727-A.

The voter registration portion of the application:

(i) may not require any information that duplicates

information required in the driver's license portion of

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the form, other than a second signature; and

(ii) may require only the minimum amount of

information necessary to prevent duplicate voter

registration, to enable the commission to assess the

eligibility of the applicant and to administer voter

registration and other parts of the election process.

(1) The Department of Transportation shall forward

completed applications or contents of the completed voter

registration applications in machine-readable format to the

department by the close of registration for the ensuing

election.

(2) The department shall transmit the material to the

appropriate commission within 10 days after the date of its

receipt by the Department of Transportation. If a voter

registration application is received by the Department of

Transportation within five days before the last day to

transmitted to the appropriate commission not later than five

days after the date of its receipt by the Department of

Transportation.

(3) Upon receipt of the completed voter registration

information from the department, the commission shall make a

record of the date of the receipt of the application and

process the application. No applicant shall be deemed

eligible to vote until the commission has received and

approved the application.

(4) After the Department of Transportation is connected

to the SURE system and notwithstanding paragraphs (1), (2)

and (3), the Department of Transportation shall transmit

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electronically the contents of a completed voter registration

application within five days of receipt of the application.

Upon receipt of the information from the Department of

Transportation, a commission shall make a record of the date

of the receipt of the application and process the application

in accordance with section 728-A. If the commission of the

county of residence has not been connected to the SURE

system, the Department of Transportation shall forward the

completed application or contents of the completed

application to the department in accordance with paragraph

(1). No applicant shall be deemed eligible to vote until the

commission has received and approved an application in

accordance with section 728-A.

(5) Changes of address shall comply with the following:

(i) Before the Department of Transportation is

connected to the SURE system, the Department of

Transportation shall notify the department of changes of

address received under subsection (a)(3). The department

shall notify the commission of the county of the

registrant's former residence. After the Department of

Transportation is connected to the SURE system, the

Department of Transportation shall notify the commission

of the county of the registrant's former residence. If

the registrant has moved to an address outside this

Commonwealth, the commission shall verify the address

change in accordance with 25 Pa.C.S. § 1901 (relating to

removal of electors). Except as provided in subparagraph

(ii), if the registrant confirms in accordance with 25

Pa.C.S. § 1901(d) that he or she has moved to another

county, the commission shall cancel the registration and

20220HB2540PN3023 - 22 -

forward the registrant's registration information to the

commission of the registrant's new county of residence.

Except as provided in subparagraph (ii), if the

registrant has moved to an address within the

commission's jurisdiction, the commission shall promptly

update the registration record of the registrant in

accordance with section 728-A. All changes of address

received by the Department of Transportation under this

section at least 30 days before an election must be

processed by the commission for the ensuing election. For

the purpose of this paragraph, the term "registration

information" means the registration card and any other

record of registration maintained by a commission.

(ii) In the case of changes of address received by

the Department of Transportation which do not contain a

signature of the registrant, the commission receiving the

change of address notification shall mail a notice to the

registrant at the new residence address requesting

verification of the address change. If the change of

address is to a new residence outside the commission's

jurisdiction, the commission shall mail the following

notice:

Date.................

Office of the Registration Commission

.......... County, Pennsylvania

....... (Address and Telephone No. of County)

We have been notified by the Department of

Transportation that you recently changed your address

from ................. (old residence address)

to ............... (new residence address) and that

20220HB2540PN3023 - 23 -

this change of address is to serve as a change of

address for voter registration purposes. Unless you

notify this office within 10 days from the date of

this notice that this information is not correct,

your voter registration will be transferred

to ........ County. You may notify this office by

writing your residence address, the date and your

signature on the bottom of this form and mailing this

notice to this office. You need not notify this

office if this information is correct.

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

Chief Clerk

If the address change is within the commission's jurisdiction,

the commission shall mail a voter's identification card to the

registrant at the new residence address.

(iii) If the registrant does not return the notice

under subparagraph (ii) within the 10-day period, the

commission shall process the change of address according

to subparagraph (i). If the registrant notifies the

commission that the information is incorrect and the

commission is satisfied with the registrant's explanation

of the discrepancy, the address of the registrant's

registration shall remain unchanged. If the verification

notification or voter identification card is returned by

the post office as undeliverable as addressed or with a

forwarding address, the commission shall send a

confirmation notice to the registrant's address of former

residence in accordance with 25 Pa.C.S. § 1901(d)(2).

(6) Upon notification and confirmation of any change of

address, a commission shall promptly update information

20220HB2540PN3023 - 24 -

contained in its registration record.

(d) Prohibition.--An individual who is not a qualified

elector is ineligible to register to vote under this section.

(e) Effect.--Failure to properly complete a voter

registration application shall not affect the validity of an

application for a driver's license, a renewal application or an

identification card application.

(f) Use of information.--No information regarding a

declination to register to vote in connection with an

application made under this section may be used for any purpose

other than voter registration.

(g) Staff.--Agents and employees working on behalf of the

Department of Transportation assisting in the completion of

voter registration applications shall conduct themselves in a

manner consistent with the following principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make a statement to an applicant or

take an action the purpose or effect of which is to

discourage the applicant from registering to vote.

(3) Applicants wishing to register to vote under this

section shall be given the same degree of assistance with the

voter registration application as with all other Department

of Transportation forms.

Agency employees who violate this subsection shall be removed

from employment, provided that the agency at its discretion may

impose a penalty of suspension without pay for at least 30 days,

but not more than 120 days, if it finds that the violation does

not warrant termination.

20220HB2540PN3023 - 25 -

(h) Retention.--The Department of Transportation shall

retain complete records of voter registration information

received, processed and submitted to the SURE system by the

Department of Transportation. The records shall only be for the

purpose of supporting audit and accounting controls established

to ensure accurate and complete electronic transmission of

records between the SURE system and the Department of

Transportation.

(i) Agreement with department.--The Department of

Transportation shall enter into an agreement with the department

to match information in the SURE system with information in the

database of the Department of Transportation to the extent to

verify the accuracy of the driver's license number,

identification number or last four digits of the Social Security

number provided on an application for voter registration.

(j) Agreement with Commissioner of Social Security.--The

Department of Transportation shall enter into an agreement with

the Commissioner of Social Security to verify the last four

digits of the Social Security number provided in an application

for voter registration.

Section 724-A. Application by mail.

(a) General rule.--An application to register to vote or to

change party enrollment or name or address on a current

registration may be submitted by voter registration mail

application in the manner provided in this section. An

application may be submitted by mail or by representative to the

commission on an official mail registration application, the

form of which shall be determined and prescribed by the

secretary or the Federal Election Commission pursuant to the

National Voter Registration Act of 1993 (Public Law 103-31, 52

20220HB2540PN3023 - 26 -

U.S.C. § 1973gg et seq.). The applicant must complete the

information required on the registration application and sign

the registration declaration.

(b) Time.--Registration under this section may be made at

any time. If a registration application is received by a

commission beyond the deadline for registration provided in

section 1231, the application shall be retained by the

commission until the beginning of the next period during which

registration can be made.

(1) A military elector may apply at any time for

registration on an official registration application or any

form prescribed by the Federal Government for such purpose.

(2) The status of a military elector to register under

this section with respect to residence shall remain as the

same home residence status from which the military elector is

qualified to register. If, at the time of leaving that home

address, the military elector had not resided in this

Commonwealth or in a particular election district for a

sufficient time to have been entitled to be registered but,

by continued residence, would have become entitled to be

registered, the military elector shall be entitled to be

registered at the time the military elector would have been

entitled to register had the military elector not left that

home address but continued to reside there.

(3) The commission is authorized to consider a request

for an absentee ballot as a request for an official

registration application and to forward to the requester all

of the following:

(i) An absentee ballot and balloting material.

20220HB2540PN3023 - 27 -

(ii) An official registration application.

(4) The military elector must complete and file these

documents in accordance with the applicable provisions of

this act.

(5) The right to be registered pursuant to this

subsection shall not be subject to challenge for any reason

other than failure to have furnished the commission a

properly completed registration application.

Section 725-A. Government agencies.

(a) General rule.--The secretary shall administer a system

whereby all offices in this Commonwealth that provide public

assistance, each county clerk of orphans' court, including each

marriage license bureau, all offices in this Commonwealth that

provide State-funded programs primarily engaged in providing

services to persons with disabilities and all armed forces

recruitment centers do all of the following:

(1) Distribute voter registration applications with each

application, reapplication and application for

recertification, renewal or change of address.

(2) Assist applicants with completion of the

registration application unless assistance is refused.

(3) Accept completed registration applications.

(4) Transmit completed applications to the appropriate

commission.

(b) Forms.--An agency designated in subsection (a) shall

provide a form for office visits or, if the agency provides

services to persons with disabilities, for home visits which

contains all of the following:

(1) The question "If you are not registered to vote

where you live now, would you like to apply to register to

20220HB2540PN3023 - 28 -

vote today?"

(2) If the agency provides public assistance, the

statement "Applying to register or declining to register to

vote will not affect the amount of assistance that you will

be provided by this agency."

(3) Boxes for the applicant to check to indicate whether

the applicant would like to register or decline to register

to vote. In close proximity to the boxes the following words

shall appear in prominent type: "IF YOU DO NOT CHECK EITHER

BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER

TO VOTE AT THIS TIME."

(4) The statement "In order to be qualified to register

to vote, you must be at least 18 years of age on the day of

the next election, you must have been a citizen of the United

States for at least one month prior to the next election and

have resided in Pennsylvania and the election district where

you plan to vote for at least 30 days prior to the next

election."

(5) The statement "If you would like help in filling out

the voter registration application form, we will help you.

The decision whether to seek help is yours. You may fill out

the form in private."

(6) The statement "If you believe that someone has

interfered with your right to register or to decline to

to register or in applying to register to vote or your right

to choose your own political party or other political

preference, you may file a complaint with the Secretary of

the Commonwealth, Pennsylvania Department of State,

Harrisburg, PA 17120." The secretary shall establish and

20220HB2540PN3023 - 29 -

publish a toll-free telephone number for the purpose of

receiving complaints.

(b)(3) shall be considered a declination to register to vote.

(d) Staff.--Agency employees assisting in the completion of

voter registration applications shall conduct themselves in a

manner consistent with the following principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to

discourage the applicant from registering to vote.

(3) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to lead

the applicant to believe that a decision to register or not

to register has any bearing on the availability of services

or benefits.

Agency employees who violate this subsection shall be removed

from employment, provided that the agency at its discretion may

impose a penalty of suspension without pay for at least 30 days,

but not more than 120 days, if it finds that the violation does

not warrant termination.

(e) Encouraging registration.--An agency designated in

subsection (a) shall provide reasonable space for nonpartisan

signs or posters encouraging voter registration. The signs and

posters shall be provided by the secretary.

(f) Transmission.--An agency designated in subsection (a)

shall forward all completed applications to the appropriate

commission within 10 days after the date of receipt. If a voter

20220HB2540PN3023 - 30 -

registration application is received within five days before the

last day to register before an election, the application shall

be transmitted to the appropriate commission not later than five

days after the date of its receipt by the agency.

(g) Confidentiality.--The identity of the voter registration

agency through which any particular voter is registered in

accordance with this section shall not be disclosed to the

public.

(h) Use of information.--No information relating to a

declination to register to vote in connection with an

application made at an office described in this section may be

used for any purpose other than voter registration.

(i) Assistance.--Each agency shall provide to each applicant

who chooses to register to vote the same degree of assistance

with regard to the completion of the registration application

form as is provided by the office with regard to the completion

of its own forms unless the applicant refuses such assistance.

(j) Regulation.--The secretary shall promulgate regulations

regarding the maintenance and destruction of forms used pursuant

to this section.

Section 726-A. (Reserved).

Section 727-A. Preparation and distribution of applications.

(a) Form.--

(1) The secretary shall prescribe the form of an

official voter registration application. The official voter

registration application shall provide space for the

following information about the applicant:

(i) Full name.

(ii) Address of residence. If the residence is a

portion only of the house, the location or number of the

20220HB2540PN3023 - 31 -

room, apartment or floor which is occupied.

(iii) Mailing address if different than address of

residence.

(iv) Name and residence address on previous

registration and the year of that registration.

(v) Designation of political party, for the purpose

of voting at a primary election.

(vi) Date of birth.

(vii) Telephone number. An application shall not be

rejected because of noncompliance with this subparagraph.

(viii) Race. An application shall not be rejected

because of noncompliance with this subparagraph.

(ix) Last four digits of Social Security number. An

application without the last four digits of an

applicant's Social Security number shall be considered

incomplete. An applicant who does not have a Social

Security number may have the applicant's identity

confirmed through an alternate record.

(x) A Department of Transportation driver's license

number or a Department of Transportation identification

card number. An application may not be rejected because

of noncompliance with this subparagraph.

(2) Data required on the voter registration application

shall not be more nor less than the minimum data elements

permissible for Federal voter registration.

(3) Any person who assists in the completion of the

registration application shall sign the application and

indicate the person's address. In the case of those

registering under sections 723-A and 725-A, the person

providing assistance shall insert the person's initials or

20220HB2540PN3023 - 32 -

employee or agent identification number on a separate or

detachable portion of the application or computer data file.

(4) A voter registration application shall be printed on

stock of good quality and shall be of suitable uniform size.

Nothing under this article and 25 Pa.C.S. Pt. IV (relating to

voter registration) shall prohibit the design and use of an

electronic voter registration application which includes the

applicant's digitized or electronic signature. The

registration application shall contain the following

information; however, the information may be provided on a

separate form for voter registration made under section 723-A

or 725-A:

(i) Notice that a registered elector does not need

to reregister unless the registered elector has moved.

(ii) Instructions on how to fill out and submit the

application and notification of when the application must

be submitted to a voter registration office in order to

be registered for the ensuing election.

(iii) Notice that the applicant must be a citizen of

the United States for at least one month prior to the

next election and a resident of this Commonwealth and the

election district for at least 30 days and must be at

least 18 years of age by the day of the next ensuing

election. The notice required in this subparagraph shall

be in print identical to the declaration under subsection

(b).

(iv) Notice that political party enrollment is

mandatory to vote in a primary election of a political

party.

(v) Notice that the commission will mail by

20220HB2540PN3023 - 33 -

nonforwardable mail to the applicant a voter's

identification card upon acceptance of the application

and that the applicant should contact the commission if

the identification card is not received within 14 days

from the date the application is sent to the registration

office.

(vi) Notice that registration is not complete until

the application is processed and accepted by the

commission.

(vii) A warning to the applicant that making a false

registration or furnishing false information is perjury.

The notice required in this subparagraph shall be in

print identical to the declaration under subsection (b).

(viii) Instructions to Federal or State employees

who wish to retain voting residence in county of last

residence to so indicate on the application.

(ix) Notice that, if an individual declines to

declined to register will remain confidential and will be

used only for voter registration purposes. The notice

required in this subparagraph shall be in print identical

to the declaration under subsection (b).

(x) Notice that, if an individual does register to

vote, the office at which the individual submits a voter

registration application will remain confidential and

will be used for voter registration purposes only. The

notices required in this subparagraph shall be in print

identical to the declaration in subsection (b).

(5) In jurisdictions where there is a single language

minority, the secretary may print a bilingual application.

20220HB2540PN3023 - 34 -

(6) In jurisdictions where a single language minority

exceeds 5% of the population, the secretary shall:

(i) print a bilingual application; and

(ii) conduct a public educational program among that

language group alerting both organizations and

individuals of that group of the availability of the

bilingual application and encouraging individuals to

(7) To implement section 724-A, the secretary shall

print an official voter registration mail application

designed to preserve the confidentiality of the information

required to be submitted. The application shall contain

information required by this section and shall include the

name of each county seat, its post office mailing address and

zip code and its telephone number. Voter registration mail

applications shall contain information indicating whether the

application is a new registration, change of party

enrollment, change of address or change of name.

(8) Nothing under this article and 25 Pa.C.S. Pt. IV

shall prohibit a private organization or individual from

printing blank voter registration applications or shall

prohibit the use of such applications by any other

individual, provided that the form, content and paper quality

of such voter registration application complies with

department regulations for the forms or has received prior

approval from the secretary.

(b) Registration declaration.--

(1) The official voter registration application shall

contain a registration declaration. On the declaration, the

applicant shall state all of the following:

20220HB2540PN3023 - 35 -

(i) The applicant has been a citizen of the United

States for at least one month prior to the next election.

(ii) On the day of the next ensuing election, the

applicant shall be at least 18 years of age.

(iii) On the day of the next ensuing election, the

applicant shall have resided in this Commonwealth and in

the election district for at least 30 days.

(iv) The applicant is legally qualified to vote.

(2) The applicant shall affirm all of the following:

(i) The information provided in the registration

declaration is true.

(ii) The applicant understands that:

(A) the registration declaration will be

accepted for all purposes as the equivalent of an

affidavit; and

(B) if the registration contains a material

false statement, the applicant shall be subject to

penalties for perjury.

(3) The registration declaration shall contain the

printed name and signature of the applicant and the date of

signing. An applicant unable to sign the voter registration

application shall make a mark before a person of the

applicant's choice other than the applicant's employer or an

agent of the applicant's union. The person shall insert the

person's name, address and telephone number. If the person is

an employee or agent of the Department of Transportation or

another agency as provided under section 725-A and is

assisting the applicant in an official capacity, the employee

or agent shall insert the initials and identification number

of the employee or agent. In the case of applicants

20220HB2540PN3023 - 36 -

registering under section 723-A or 725-A, the person

providing assistance shall insert initials or employee or

agent identification number on a separate or detachable

portion of the application or computer data file.

(4) The official registration application shall contain

a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The

notice shall advise the applicant that if a person signs an

official registration application knowing a statement

declared in the application to be false, the person commits

perjury. The notice shall specify the penalty for perjury.

(1) The secretary shall supply official registration

applications to commissions.

(2) The secretary shall make available for distribution

official voter registration applications to public libraries,

public schools, State-related institutions of higher

education, offices operated by the Department of Revenue,

offices operated by the Department of Aging, area agencies on

aging, offices operated by the Pennsylvania Game Commission

or any of its authorized license-issuing agents, offices

operated by the Pennsylvania Fish and Boat Commission or any

of its issuing agents and offices that provide unemployment

compensation.

(3) Each participating agency identified under paragraph

(2) shall:

(i) Provide that official voter registration mail

applications are available on the premises and displayed

prominently in a conspicuous location during normal

business hours.

(ii) Provide an official voter registration mail

20220HB2540PN3023 - 37 -

application to any individual requesting one.

(iii) Provide reasonable space for nonpartisan signs

or posters indicating the availability of official voter

registration mail applications on the premises.

(4) The secretary may provide technical assistance to

commissions upon request and agencies designated under

paragraph (2).

(5) The secretary shall print and distribute mail

registration applications which are not postage paid and

which shall not be specific to any county registration

office. Along with the distribution of such applications, the

secretary shall also include instructions to inform the

applicant where the application is to be sent.

(6) The secretary and commissions shall supply

applications to all of the following:

(i) Persons and organizations who request

applications.

(ii) Federal, State and political subdivision

offices.

(iii) Political parties and political bodies.

(iv) Candidates.

(d) Staff.--Agency employees assisting in the distribution

of voter registration applications under subsection (c) shall

conduct themselves in a manner consistent with the following

principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to

20220HB2540PN3023 - 38 -

discourage the applicant from registering to vote.

(3) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to lead

the applicant to believe that a decision to register or not

to register has any bearing on the availability of services

or benefits.

Agency employees who violate this subsection shall be removed

from employment, provided that the agency at its discretion may

impose a penalty of suspension without pay for at least 30 days,

but not more than 120 days, if it finds that the violation does

not warrant termination.

Section 728-A. Approval of registration applications.

(a) Examination.--Upon receiving a voter registration

application, a commissioner, clerk or registrar of a commission

shall do all of the following:

(1) Initial and date the receipt of the application.

(2) Examine the application to determine all of the

following:

(i) Whether the application is complete.

(ii) Whether the applicant is a qualified elector,

including verification of the last four digits of the

applicant's Social Security number and the applicant's

Department of Transportation driver's license number or

Department of Transportation identification card number,

if available.

(iii) Whether the applicant has an existing

registration record. After the commission is connected to

the SURE system, the commissioner, clerk or registrar

shall search the SURE system on a Statewide basis to

determine if the applicant has an existing registration

20220HB2540PN3023 - 39 -

record. The commissioner, clerk or registrar shall take

special care to scrutinize any registration for a similar

name at the same registered address.

(iv) Whether the applicant is entitled or qualified

to receive the requested transfer or change, if

applicable.

(b) Decision.--A commission shall do one of the following:

(1) Record and forward a voter registration application

to the proper commission if the commission finds during its

examination under subsection (a) that the applicant does not

reside within the commission's county but resides elsewhere

in this Commonwealth.

(2) Reject a voter registration application, indicate

the rejection and the reasons for the rejection on the

application and notify the applicant by first class

nonforwardable mail, return postage guaranteed of the

rejection and the reason if the commission finds during its

examination under subsection (a) any of the following:

(i) The application was not properly completed and,

after reasonable efforts by the commission to ascertain

the necessary information, the application remains

incomplete or inconsistent.

(ii) The applicant is not a qualified elector.

(iii) The applicant is not entitled to a transfer of

registration or a change of address.

(iv) The applicant is not legally qualified for a

change of name.

A rejection shall be made no later than 25 days before the

election succeeding the filing of the application.

(3) Process a voter registration application in

20220HB2540PN3023 - 40 -

accordance with subsection (c) if the commission finds during

its examination under subsection (a) all of the following:

(i) The application requests registration.

(ii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(4) Process a voter registration application in

accordance with subsection (c) and update its registration

records if the commission finds during its examination under

subsection (a) all of the following:

(i) The application requests registration.

(ii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(iii) The applicant is currently a registered

elector of the county.

(5) Process a voter registration application in

accordance with subsection (c) and request transfer of

registration records in accordance with subsection (d) if the

commission finds during its examination under subsection (a)

all of the following:

(i) The application requests registration.

(ii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(6) Process a voter registration application in

accordance with subsection (c) and request transfer of

registration records in accordance with subsection (d) if the

20220HB2540PN3023 - 41 -

commission finds during its examination under subsection (a)

all of the following:

(i) The application requests a transfer of

registration.

(ii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(7) Process a voter registration application in

accordance with subsection (c) and update its registration if

the commission finds during its examination under subsection

(a) all of the following:

(i) The application requests a change of address.

(ii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(iii) The applicant is currently a registered

elector of the county.

(8) Process a voter registration application in

accordance with subsection (c) and update its registration

records if the commission finds during its examination under

subsection (a) all of the following:

(i) The application requests a change of name.

(ii) The applicant is legally qualified to a change

of name.

(iii) The application contains the required

information indicating that the applicant is a qualified

elector of the county.

(iv) The applicant is currently a registered elector

20220HB2540PN3023 - 42 -

of the county.

(1) When a commission has accepted a voter registration

application under subsection (b)(3), the commission shall

assign each applicant a unique identification number in the

SURE system. The commission shall mail a durable, wallet-

sized voter's identification card to the individual by first

class nonforwardable mail, return postage guaranteed, which

shall serve as notice of the acceptance of the application.

The card shall contain all of the following:

(i) Name and address of the individual.

(ii) Name of municipality of residence.

(iii) Identification of the individual's ward and

district.

(iv) The effective date of registration.

(v) Designation of party enrollment and date of

enrollment.

(vi) An image of the individual's signature or mark.

(vii) The unique identification number of the

individual.

(viii) A statement that the individual must notify

the commission within 10 days from the date it was mailed

if any information on the card is incorrect, otherwise,

the information shall be deemed correct for voter

registration purposes.

(ix) A scannable identification code or strip.

(2) When a commission has accepted a voter registration

application under subsection (b)(4), (5), (6), (7) or (8),

the commission shall mail a durable, wallet-sized voter's

identification card to the individual by first class

20220HB2540PN3023 - 43 -

nonforwardable mail, return postage guaranteed, which shall

serve as notice of the acceptance of the application. The

card shall contain all of the following:

(i) Name and address of the individual.

(ii) Name of municipality of residence.

(iii) Identification of the individual's ward and

district.

(iv) The effective date of registration.

(v) Designation of party enrollment and date of

enrollment.

(vi) An image of the individual's signature or mark.

(vii) The SURE registration number of the

individual.

(viii) A statement that the individual must notify

the commission within 10 days from the date it was mailed

if any information on the card is incorrect, otherwise,

the information shall be deemed correct for voter

registration purposes.

(ix) A scannable identification code or strip.

(3) An envelope containing a voter identification card

shall be marked on the outside with a request to the

postmaster to return it within five days if it cannot be

delivered to the addressee at the address given.

(4) (Reserved).

(5) (Reserved).

(d) Transfer of registration records.--

(1) If, during application, an individual discloses that

the individual is a registered elector of another county, the

commission of the individual's new county of residence shall

direct a cancellation notice to the commission of the

20220HB2540PN3023 - 44 -

individual's former county of residence in accordance with

regulations promulgated under this article or 25 Pa.C.S. Pt.

IV.

(2) Upon receipt of a notice transmitted in accordance

with paragraph (1), the commission of the individual's former

county of residence shall investigate. If the commission

finds that the individual is a registered elector of the

county, the commission shall verify the address change with

the registered elector in accordance with this article and 25

Pa.C.S. Pt. IV. Upon verifying that the registered elector

has moved to another county of residence, the commission

shall cancel the registered elector's registration, transfer

a copy of the canceled registration record to the commission

of the registered elector's new county of residence and

retain a record of the transfer. The commission of both

counties shall promptly update information contained in their

registration records.

(e) Challenges.--All challenges to applications for

registration shall be made as provided in section 729-A.

Section 728.1-A. SURE registration number.

Each registered elector shall be assigned a single and unique

SURE registration number in accordance with section 728-A and 25

Pa.C.S. § 1514 (relating to conversion of registration records).

Once assigned, a SURE registration number shall not be changed,

modified or altered.

Section 729-A. Challenges.

(a) Standing.--An individual claiming the right to be

registered may be challenged by a commissioner, registrar or

clerk or by a qualified elector of the municipality.

(b) Complaint.--To make a challenge, a complainant must file

20220HB2540PN3023 - 45 -

a challenge affidavit in a form prescribed by the secretary

containing the following information:

(1) Name of challenged individual.

(2) Address of challenged individual.

(3) Name of complainant.

(4) Address of complainant.

(5) Date of affidavit.

(6) Reason for challenge.

to the challenge affidavit as provided in subsection (b) in a

written statement sworn or affirmed by the individual. The

challenged individual must produce such other evidence as may be

required to satisfy the registrar or commissioner as to the

individual's qualifications as a qualified elector.

(d) Resolution.--If the challenged individual establishes to

the satisfaction of the commission the right to be registered as

required under this article and 25 Pa.C.S. Pt. IV (relating to

voter registration), the challenged individual shall be

registered. If the challenged individual does not establish to

the satisfaction of the commission the right to be registered as

provided under this article and 25 Pa.C.S. Pt. IV, the

challenged individual's registration, if any, shall be canceled,

and the commission shall promptly update information contained

in its registration records.

Section 730-A. (Reserved).

Section 731-A. Privacy in voter registration.

The secretary shall provide a means for an elector who has an

active protection from abuse order under 23 Pa.C.S. Ch. 61

(relating to protection from abuse) entered against another

party to have the elector's birth date recorded in the Statewide

20220HB2540PN3023 - 46 -

Uniform Registry of Electors so that the birth year shall be

listed as not fewer than 18 years and not greater than 50 years

prior to the year in which the claim was made. The secretary

shall ensure that the accommodation under this section shall end

when the protection from abuse order expires.

Section 6. Sections 1007(b) and 1210(a.4)(5)(ii)(F) of the

act are amended to read:

Section 1007. Number of Ballots to Be Printed; Specimen

Ballots.--* * *

(b) The county board of each county shall also, in addition

to the number of ballots required to be printed for general

distribution, maintain a sufficient supply of such ballots at

the office of the county board for the use of absentee electors

[or mail-in electors] and for the use of any district, the

ballots for which may be lost, destroyed or stolen. They shall

also cause to be printed on tinted paper, and without the

facsimile endorsements or permanent binding, copies of the form

of ballots provided for each polling place at each primary or

election therein, which shall be called specimen ballots, and

which shall be of the same size and form as the official

ballots, and at each election they shall deliver to the election

officers, in addition to the official ballots to be used at such

election, a suitable supply of specimen ballots for the use of

the electors. At each primary, a suitable supply of specimen

ballots of each party shall be furnished.

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(a.4) * * *

(5) * * *

20220HB2540PN3023 - 47 -

(ii) A provisional ballot shall not be counted if:

* * *

(F) the elector's absentee ballot [or mail-in ballot] is

timely received by a county board of elections.

* * *

Section 7. Sections 1231(a), (b)(1), (3) and (4) and (e) and

1302.2(c) of the act, amended March 27, 2020 (P.L.41, No.12),

are amended to read:

Section 1231. Deadline for Receipt of Valid Voter

Registration Application.--(a) Except as provided under

subsection (b), each commission, commissioner and registrar or

clerk appointed by the commission shall receive, during ordinary

business hours and during additional hours as the commission

prescribes, at the office of the commission and at additional

places as the commission designates, applications from

individuals who apply to be registered to vote as provided under

25 Pa.C.S. Pt. IV (relating to voter registration) who appear

and claim that they are entitled to be registered as electors of

a municipality. A commission may not accept the registration

application of an individual until after the commission has

confirmed the individual's eligibility to register to vote under

Article VII-A.

(b) In the administration of voter registration, each

commission shall ensure that an applicant who is a qualified

elector is registered to vote in an election when the applicant

has met any of the following conditions:

(1) In the case of voter registration with a motor vehicle

driver's license application under [25 Pa.C.S. § 1323 (relating

to application with driver's license application)] section 723-

A, if the valid voter registration application is received by

20220HB2540PN3023 - 48 -

the appropriate commission not later than [fifteen] thirty days

before the election.

* * *

(3) In the case of voter registration at a voter

registration agency under [25 Pa.C.S. § 1325 (relating to

government agencies)] section 725-A, if the valid voter

registration application is received by the appropriate

commission not later than [fifteen] thirty days before the

election.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission not later than [fifteen] thirty days before the

election.

* * *

(e) (1) An applicant whose voter registration application

is timely received under subsection (b) or (c) 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)] section 728-A(c)(1) or (2), 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)] section 728-

A(b)(2), if under subsection (b) or (c) an applicant timely

presents his or her own application for voter registration under

[25 Pa.C.S. § 1322 (relating to in-person voter registration)]

section 722-A, the commission shall immediately examine the

application pursuant to [25 Pa.C.S. § 1328(a)] section 728-A(a)

and shall, while the applicant waits, promptly decide on said

20220HB2540PN3023 - 49 -

application by either accepting it, rejecting it or forwarding

it pursuant to [25 Pa.C.S. § 1328(b)] section 728-A(b) and, if

accepted, process the application in accordance with [25 Pa.C.S.

§ 1328(c)] section 728-A(c).

Section 1302.2. Approval of Application for Absentee

Ballot.--

* * *

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 was not a

qualified elector. Such challenges must be made to the county

board of elections prior to five o'clock p.m. on the Friday

prior to the election[: 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].

* * *

Section 8. Sections 1302.3 heading and (c) and 1305(b) of

the act are amended to read:

Section 1302.3. Absentee [and Mail-in] Electors Files and

20220HB2540PN3023 - 50 -

Lists.--

* * *

chief clerk shall prepare a list for each election district

showing the names and post office addresses of all voting

residents thereof to whom official absentee [or mail-in] ballots

shall have been issued. Each such list shall be prepared in

duplicate, shall be headed "Persons in (give identity of

election district) to whom absentee [or mail-in] 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 same time as are provided in this act for the

delivery of other election supplies, and it shall be the duty of

such judge of election to post such duplicate list in a

conspicuous place within the polling place of his district and

see that it is kept so posted throughout the time that the polls

are open. Upon written request, he shall furnish a copy of such

list to any candidate or party county chairman.

Section 1305. Delivering or Mailing Ballots.--

* * *

(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), inclusive, shall commence to deliver or mail official

absentee ballots as soon as a ballot is certified and the

20220HB2540PN3023 - 51 -

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 ballots not later than the second Tuesday

prior to the primary or election. For those 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) with the absentee

ballot. As additional applications are received and approved

after the time that the county board of elections begins

delivering or mailing official absentee [and mail-in] 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

notwithstanding the inclusion of a mailing address on an

absentee [or mail-in] ballot application, a voter who presents

the voter's own application for an absentee [or mail-in] ballot

within the office of the county board of elections during

regular business hours may request to receive the voter's

absentee [or mail-in] ballot while the voter is at the office.

This request may be made orally or in writing. Upon presentation

of the application and the making of the request and upon

approval under [sections] section 1302.2 [and 1302.2-D], the

county board of elections shall promptly present the voter with

the voter's absentee [or mail-in] ballot. If a voter presents

the voter's application within the county board of elections'

office in accordance with this section, a county board of

elections may not deny the voter's request to have the ballot

presented to the voter while the voter is at the office unless

20220HB2540PN3023 - 52 -

there is a bona fide objection to the absentee [or mail-in]

ballot application.

* * *

Section 9. Section 1306(a) and (b)(3) of the act, amended

March 27, 2020 (P.L.41, No.12), are amended and the section is

amended by adding a subsection 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 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

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.] A

declaration that does not include a date or a signature matching

the elector's signature of record shall not be counted.

(2) Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

20220HB2540PN3023 - 53 -

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,

spouse of the elector or dependent of the elector.

(3) Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

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 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)

(Date)

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

(Complete Address of Witness) (Signature of Witness)

(a.1) The elector shall, prior to eight o'clock P.M. on

election day, return the elector's completed absentee ballot by

one of the following methods only:

(1) Delivery through the United States Postal Service to the

offices of the elector's county board of elections.

(2) Delivery in person, by the elector or by a properly

designated agent for a disabled elector, to the permanent

offices of the elector's county board of elections during its

regular hours of operation. If, upon inspection and review of a

ballot being returned, the ballot or its method of return appear

20220HB2540PN3023 - 54 -

to be in possible violation of any provision of this act, the

ballot shall be secured separately from all other ballots. The

board of elections shall record the date, time and identity of

the individual returning the ballot and keep a recording of each

ballot returned in possible violation of this act. The county

board of elections shall determine whether any such ballots are

in violation of any provision of this act and, only if the

county board of elections is satisfied that a ballot is not in

violation, shall direct the ballot to be canvassed.

(b) * * *

(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 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)

20220HB2540PN3023 - 55 -

* * *

Section 10. Section 1308(a), (b), (d), (f), (g) and (h) of

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

read:

Section 1308. Canvassing of Official Absentee Ballots [and

Mail-in Ballots].--(a) The county boards of election, upon

receipt of official absentee ballots in sealed official absentee

ballot envelopes as provided under this article [and mail-in

ballots as in sealed official mail-in ballot envelopes as

provided under Article XIII-D], shall safely keep the ballots in

sealed or locked containers until they are to be canvassed by

the county board of elections. An absentee ballot, whether

issued to a civilian, military or other voter during the regular

or emergency application period, shall be canvassed in

accordance with subsection (g). [A mail-in ballot shall be

canvassed in accordance with subsection (g).]

(b) Watchers shall be permitted to be present when the

envelopes containing official absentee ballots [and mail-in

ballots] are opened and when such ballots are counted and

recorded.

* * *

(d) Whenever it shall appear by due proof that any absentee

elector [or mail-in elector] who has returned his ballot in

accordance with the provisions of this act has died prior to the

opening of the polls on the day of the primary or election, the

ballot of such deceased elector shall be rejected by the

canvassers but the counting of the ballot of an absentee elector

[or a mail-in elector] thus deceased shall not of itself

invalidate any nomination or election.

(f) Any person challenging an application for an absentee

20220HB2540PN3023 - 56 -

ballot[,] or an absentee ballot[, an application for a mail-in

ballot or a mail-in ballot] for any of the reasons provided in

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

with the county board, which sum shall only be refunded if the

challenge is sustained or if the challenge is withdrawn within

five (5) days after the primary or election. If the challenge is

dismissed by any lawful order then the deposit shall be

forfeited. 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 [or

mail-in ballot].

(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)[,] or 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-

20220HB2540PN3023 - 57 -

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 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

absentee ballots [and mail-in ballots] not included in the pre-

canvass meeting. 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 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.

(3) When the county board meets to pre-canvass or canvass

absentee ballots [and mail-in ballots] under 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

20220HB2540PN3023 - 58 -

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

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 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 Election Ballot" contain any

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 count, compute and tally the

votes.

(iv) Following the close of the polls, the county board

20220HB2540PN3023 - 59 -

shall record and publish the votes reflected on the ballots.

(5) 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 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 seven (7) days

after the 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

20220HB2540PN3023 - 60 -

official absentee ballots that have been finally determined to

be valid shall be added to the other votes cast within the

county.

(h) For those absentee ballots [or mail-in ballots] for

which proof of identification has not been received or could not

be verified:

(2) If the proof of identification is received and verified

prior to the sixth calendar day following the election, then the

county board of elections shall canvass the absentee ballots

[and mail-in ballots] under this subsection in accordance with

subsection (g)(2).

(3) If an elector fails to provide proof of identification

that can be verified by the county board of elections by the

sixth calendar day following the election, then the absentee

ballot [or mail-in ballot] shall not be counted.

* * *

Section 11. Article XIII-D of the act is repealed:

[ARTICLE XIII-D

VOTING BY QUALIFIED MAIL-IN ELECTORS

Section 1301-D. Qualified mail-in electors.

(a) General rule.--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.

(b) Construction.--The term "qualified mail-in elector"

shall not be construed to include a person not otherwise

qualified as a qualified elector in accordance with the

definition in section 102(t).

Section 1302-D. Applications for official mail-in ballots.

(a) General rule.--A qualified elector under section 1301-D

20220HB2540PN3023 - 61 -

may apply at any time before any primary or election for an

official mail-in ballot 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 shall contain

the following information:

(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 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), the application of a qualified elector under section 1301-D

for an official mail-in ballot in any primary or election shall

be signed by the applicant.

(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

elector shall be excused from signing upon making a statement

which shall be witnessed by one adult person in substantially

the following form:

20220HB2540PN3023 - 62 -

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 in lieu of my signature.

(Mark)

(Date)

(Complete Address of Witness)

(Signature of Witness)

(e) Numbering.--The county board of elections shall number,

in chronological order, the applications for an official mail-in

ballot, which number shall likewise appear on the official mail-

in ballot for the qualified elector. The numbers shall appear

legibly and in a conspicuous place but, before the ballots are

distributed, the number on the ballot shall be torn off by the

county board of election. The number information shall be

appropriately inserted and become a part of the Registered

Absentee and Mail-in Voters File provided under section 1302.3.

(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 physical application forms

shall be made freely available to the public at county board of

20220HB2540PN3023 - 63 -

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

an elector under this section, which is completed and timely

returned by the 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

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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

county shall only be permitted upon the request of the

qualified registered elector.

Section 1302.1-D. Date of application for mail-in ballot.

(a) General rule.--Applications for mail-in ballots shall be

received in the office of the county board of elections not

earlier than 50 days before the primary or election, except that

if a county board of elections determines that it would be

appropriate to the county board of elections' operational needs,

any applications for mail-in ballots received more than 50 days

before the primary or election may be processed before that

time. Applications for mail-in ballots shall be processed if

received not later than five o'clock P.M. of the first Tuesday

prior to the day of any primary or election.

(b) Early applications.--In the case of an elector whose

application for a mail-in ballot is received by the office of

the county board of elections earlier than 50 days before the

primary or election, the application shall be held and processed

upon commencement of the 50-day period or at such earlier time

as the county board of elections determines may be appropriate.

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

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contained on the applicant's permanent registration card. The

following shall apply:

(1) If the board is satisfied that the applicant is

qualified to receive an official mail-in ballot, the

application shall be marked "approved."

(2) The approval decision shall be final and binding,

except that challenges may be made only on the grounds that

the applicant was not a qualified elector.

(3) Challenges must be made to the county board of

elections prior to five o'clock p.m. on the Friday prior to

the election: 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 record to be inserted in the district

(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 record shall include only the applications

as are received on or before the first Tuesday prior to the

primary or election.

official mail-in ballot is not approved by the county board of

elections, the elector shall be notified immediately with a

statement by the county board of the reasons for the

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disapproval. For applicants whose proof of identification was

not provided with the application or could not be verified by

the board, the board shall send notice to the elector with the

mail-in ballot requiring the elector to provide proof of

identification with the mail-in ballot or the ballot will not be

counted.

Section 1303-D. Official mail-in elector ballots.

(a) General rule.--In election districts in which ballots

are used, the ballots for use by mail-in voters under this act

shall be the official ballots printed in accordance with

sections 1002 and 1003.

(a.1) Duties of county boards of elections.--The county

board of elections, when preparing the official ballots for

mail-in voters, shall be required to indicate on 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 also print, stamp or endorse on the official

ballots the words, "Official Mail-in Ballot." The ballots shall

be distributed by a board as provided under this section.

(b) Preparation of ballots.--In election districts in which

voting machines are used and in election districts in which

paper ballots are used, the county board of elections in that

election district will not print official mail-in ballots in

accordance with sections 1002 and 1003. The ballots for use by

mail-in voters under this section shall be prepared sufficiently

in advance by the county board of elections and shall be

distributed by the boards as provided under this act. The

ballots shall be marked "Official Mail-in Ballot" but shall not

be numbered and shall otherwise be in substantially the form for

ballots required by Article X, which form shall be prescribed by

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the Secretary of the Commonwealth.

electronic voting systems are utilized, the mail-in ballot may

be in the form of a ballot card which shall be clearly stamped

on the ballot card's face "Mail-in Ballot."

(d) Special write-in mail-in ballots.--In cases where there

is not time to print on the ballots the names of the various

candidates, the county board of elections shall print special

write-in mail-in ballots which shall be in substantially the

form of other official mail-in ballots, except that the special

write-in mail-in ballots shall contain blank spaces only under

the titles of the offices in which electors may insert by

writing or stamping the names of the candidates for whom they

desire to vote, and in those cases, the county board of

elections shall furnish to electors lists containing the names

of all the candidates named in nomination petitions or who have

been regularly nominated under the provisions of this act, for

the use of the electors in preparing their ballots. Special

write-in mail-in ballots shall include all constitutional

amendments and other questions to be voted on by the electors.

(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.

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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 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 county. The larger envelope shall also contain

information indicating the local election district of the mail-

in voter.

(b) Form of declaration and envelope.--The 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 elector's qualifications, together with a

statement that the elector has not already voted in the primary

or election.

elector shall contain the two envelopes, the official mail-in

ballot, lists of candidates, when authorized by section 1303-

D(b), the uniform instructions in form and substance as

prescribed by the Secretary of the Commonwealth and nothing

else.

(d) Notice.--Notice of the requirements under section 1306-D

shall be printed on the envelope for the mail-in ballot.

Section 1305-D. Delivering or mailing ballots.

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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 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 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 district of the

elector. The elector shall then fill out, date and sign the

declaration printed on such envelope. Such envelope shall then

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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.

(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 in lieu of my signature.

(Mark)

(Date)

(Complete Address of Witness)

(Signature of Witness)

(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

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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:

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)

(relating to receipt of voted ballot), a completed mail-in

ballot must be 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.

Section 1307-D. Public records.

(a) General rule.--All official mail-in ballots, files,

applications for ballots and envelopes on which the executed

declarations appear and all information and lists are designated

and declared to be public records and shall be safely kept for a

period of two years, except that no proof of identification

shall be made public, nor shall information concerning a

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military elector be made public which is expressly forbidden by

the Department of Defense because of military security.

(b) Record.--For each election, the county board shall

maintain a record of the following information, if applicable,

for each elector who makes application for a mail-in ballot:

(1) The elector's name and voter registration address.

(2) The date on which the elector's application is

received by the county board.

(3) The date on which the elector's application is

approved or rejected by the county board.

(4) The date on which the county board mails or delivers

the mail-in ballot to the elector.

(5) The date on which the elector's completed mail-in

ballot is received by the county board.

listed under subsection (b) and make the records publicly

available upon request within 48 hours of the request.]

Section 12. Section 1404 of the act is amended by adding a

subsection to read:

Section 1404. Computation of Returns by County Board;

Certification; Issuance of Certificates of Election.--

* * *

(c.1) It shall be the duty of each county board of

elections, before certification or the issuance of certificates

of election, to record the participation of each elector and the

article of this act by which the elector voted in the voter

registration record under 25 Pa.C.S. Ch. 12 Subch. B (relating

to Statewide Uniform Registry of Electors (SURE)). A copy of the

record shall be included with the certified results of an

election. If it appears that the total number of ballots cast in

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an election district, or that the total number of votes returned

for a candidate for the same office or nomination at an election

exceeds the number of electors recorded as participating in that

election in that district, or that the total number of votes

cast under any article of this act exceeds the number of

electors recorded as having voted under that article, the excess

shall be deemed a discrepancy and palpable error, shall be

investigated by the return board and no votes shall be recorded

from the district until an investigation is conducted. The

excess shall authorize the following:

(1) The summoning of the election officers, overseers,

machine inspectors and clerks to appear with any election papers

in their possession.

(2) The production of the ballot box before the return

board, the examination and scrutiny of its contents and of the

registration and election documents relating to the district, in

the presence of representatives of each party and candidate

interested who are attending the canvass of the votes.

(3) The recount of the ballots contained in the ballot box,

either generally or respecting the particular office,

nomination, or question as to which the excess exists, in the

discretion of the return board.

(4) The correction of the returns in accordance with the

result of the recount.

(5) In the discretion of the return board, the exclusion of

the poll of the district, either as to all offices, candidates,

questions and parties, or as to a particular office, candidate,

question or party as to which the excess exists, if the ballot

box is found to contain more ballots:

(i) than there are electors registered or enrolled in the

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election district;

(ii) of one party than there are electors registered or

enrolled in the district as members of that party;

(iii) than the number of voters who voted at the election;

(iv) of one party than the number of voters of the party who

voted at the election.

(6) A report of the facts of the case to the district

attorney where the action appears to be warranted.

* * *

Section 13. Section 1853 of the act, amended March 27, 2020

(P.L.41, No.12), is amended to read:

Section 1853. Violations of Provisions Relating to Absentee

[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 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 the person, or shall violate any other

provisions of Article XIII [or Article XIII-D] of this act, the

person shall be guilty of a misdemeanor of the third degree,

and, upon conviction, shall be sentenced to pay a fine not

exceeding two thousand five hundred dollars ($2,500), or be

imprisoned for a term not exceeding 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

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act, or shall reveal or divulge any of the details of any ballot

cast 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 the elector's ballot at a polling place knowing

that there has been issued to the elector an absentee ballot,

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 14. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

Article VII-A of the act.

(2) 25 Pa.C.S. Ch. 13 is repealed.

Section 15. This act shall take effect in 60 days.

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