PRINTER'S NO. 100

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

128

Session of

2021

INTRODUCED BY FONTANA, SANTARSIERO, BREWSTER AND COSTA,

JANUARY 26, 2021

REFERRED TO STATE GOVERNMENT, JANUARY 26, 2021

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," providing for voting by all-mail; and, in

penalties, further providing for violations of provisions

relating to absentee and mail-in ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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:

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

"Nonforwardable mail." Mail collected for delivery by the

United States Postal Service which cannot be forwarded or mailed

to an address other than the mailing address inscribed on the

materials mail, notwithstanding whether a change of address has

been received and processed by the United States Postal Service,

and which is conspicuously stamped "DO NOT FORWARD" by the

Section 1302-F. All-mail elections.

(1) Notwithstanding sections 1302, 1302.1, 1302.2, 1302-

D, 1302.1-D and 1302.2-D or any other provision of law:

(i) Not sooner than 20 days prior to the date of the

election but not later than 14 days prior to the date of

the election, the county board shall commence to mail by

nonforwardable mail, postage prepaid, an official mail-in

ballot to every qualified registered elector in the

county to the elector's voter registration address, if

the elector has not lost the elector's voting rights by

failure to vote as otherwise required under this act.

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election and not later than the 18 days prior to the date

of the election.

(iii) For an official ballot to be mailed to

addresses outside this Commonwealth to electors who are

not military or overseas electors, the county may mail

the official ballots not sooner than 29 days prior to the

date of the election.

(iv) If a registered elector modifies or changes the

registration provided under section 1231, the county

enumerated under section 1301 and unable to retrieve the

elector's official mail-in ballot from that address prior to

the election, the elector may submit an application for an

official absentee ballot to the appropriate county board as

provided under Article XIII, which must be received by the

county board no later than the deadline provided in section

1302.1(a).

(3) For a primary election:

(i) The county board shall mail the official mail-in

ballot of a party to each qualified registered elector

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elector shall be mailed a mail-in ballot limited to those

measures or questions for which the registered elector is

eligible to vote.

(4) Official ballots delivered or mailed under this

section shall be accompanied by the following warning

conspicuously placed in boldface type:

ANY PERSON WHO, BY USE OR FORCE OR OTHER MEANS, UNDULY

INFLUENCES AN ELECTOR TO VOTE IN ANY PARTICULAR MANNER OR

UPON CONVICTION, INCLUDING IMPRISONMENT OR A FINE, OR

elector is signed by the elector to whom the mail-in or

absentee ballot is issued; and

(iii) the signature on the envelope containing the

declaration of the elector is verified by the county

board by comparing it to the signature on the elector's

registration card, according to the procedure adopted by

the department under section 1303-F.

(6) If the county board determines that an elector to

whom a replacement ballot has been issued under paragraph (7)

has voted more than once, the county board shall count only

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this section. Notwithstanding the deadline for mailing

ballots under paragraph (1), a replacement ballot may be

mailed, made available at the office of the county board or

made available at one central location designated by the

county board in the election district in which the election

is conducted. The county board is not required to mail a

replacement ballot after the fifth day before the date of the

election. Replacement ballots shall be issued in accordance

(i) To vote a replacement ballot, the elector must

not received by the elector.

(ii) The request for a replacement ballot may be

made electronically, by telephone, in writing, in person

or by other means designated by the department.

(iii) The replacement ballot request form shall be

mailed or made available to the elector along with the

replacement ballot.

(iv) Upon receipt of a request for a replacement

ballot, the county board shall:

(A) verify the registration of the elector and

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that it may be readily identified as a replacement

ballot; and

(D) issue the replacement ballot by mail or

other means determined appropriate by the department.

(v) Upon receipt of a voted replacement ballot, the

county board shall verify that a completed and signed

replacement ballot request form has been received by the

county board or is included with the voted replacement

by the elector and received by the county board, the

to whom a replacement ballot has been issued at the

request of the elector has voted more than once, the

county board shall count only the first ballot received

by the county board and provide the elector's name to the

department for further review.

(8) The county board shall provide, at any location

where ballots are issued, at least three suitable

compartments, shelves or tables at which registered electors

may mark and return their mail-in or absentee ballots. The

compartments, shelves or tables shall be arranged in a manner

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with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.

327) and the Help America Vote Act of 2002 (Public Law 107-

252, 52 U.S.C. § 21081 et seq.) and meets any additional

criteria established by the department under section 1303-F.

The compartments, shelves or tables under this paragraph

shall be made available during the entire period of time

ballots are issued under paragraph (1)(i) until the deadline

for receipt of absentee and mail-in ballots under Articles

(9) Notwithstanding sections 1306(b)(3) and 1306-D(b)(3)

Notwithstanding sections 1302(i)(1), 1303(e), 1302-D(f) and

1303-D(e), official mail-in and absentee ballots mailed under

this article may not state that the elector is eligible to

vote at a polling place on election day if the elector brings

the elector's absentee ballot to the elector's polling place,

remits the ballot and the envelope containing the declaration

of the elector to the judge of elections to be spoiled and

signs a statement subject to the penalties of 18 Pa.C.S. §

4904 (relating to unsworn falsification to authorities) to

the same effect.

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48 hours' notice of a precanvass meeting by publicly posting

a notice of a precanvass 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 mail-in and absentee ballots are precanvassed. An

individual observing, attending or participating in a

precanvass meeting may not disclose the results of any

polls.

ballots cast in an election;

(2) the dates and times the places of deposit must be

open and the security requirements for the places of deposit;

(3) the requirements and criteria, including to ensure

privacy and adequate public availability of the compartments,

shelves, tables and voting booths provided to electors and

(4) the appropriate means by which county boards provide

for requests for, issuance of and tracking of replacement

ballots.

Section 2. Section 1853 of the act, amended March 27, 2020

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

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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 or Article XIII-

F of this act, the person shall be guilty of a misdemeanor of

commissioners, shall neglect or refuse to perform any of the

duties prescribed by Article XIII or Article XIII-D of this act,

or shall reveal or divulge any of the details of any ballot cast

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

Section 3. The amendment or addition of Article XIII-F and

section 1853 of the act shall apply to elections occurring

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