Regular Session 2021-2022 Senate Bill 0784 P.N. 0922

PRINTER'S NO. 922

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

784

Session of

2021

INTRODUCED BY ARGALL, JUNE 21, 2021

REFERRED TO STATE GOVERNMENT, JUNE 21, 2021

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in voting by qualified absentee electors, further

providing for date of application for absentee ballot and for

canvassing of official absentee ballots and mail-in ballots;

and, in voting by qualified mail-in electors, further

providing for date of application for mail-in ballot.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1302.1(a) and (a.3)(1) and (2) of the act

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

Election Code, are amended to read:

Section 1302.1. Date of Application for Absentee Ballot.--

(a) Except as provided in subsection (a.3), applications for

absentee ballots shall be received in the office of the county

board of elections not earlier than fifty (50) days before the

primary or election, except that if a county board of elections

determines that it would be appropriate to its operational

needs, any applications for absentee ballots received more than

fifty (50) days before the primary or election may be processed

before that time. Applications for absentee ballots shall be

processed if received not later than five o'clock P.M. of the

[first Tuesday] fifteenth day prior to the day of any primary or

election.

(a.3) (1) The following categories of electors may apply

for an absentee ballot under this subsection, if otherwise

qualified:

(i) An elector whose physical disability or illness

prevented the elector from applying for an absentee ballot

before five o'clock P.M. on the [first Tuesday] fifteenth day

prior to the day of the primary or election.

(ii) An elector who, because of the elector's business,

duties or occupation, was unable to apply for an absentee ballot

before five o'clock P.M. on the [first Tuesday] fifteenth day

prior to the day of the primary or election.

(iii) An elector who becomes so physically disabled or ill

after five o'clock P.M. on the [first Tuesday] fifteenth day

prior to the day of the primary or election that the elector is

unable to appear at the polling place on the day of the primary

or election.

(iv) An elector who, because of the conduct of the elector's

business, duties or occupation, will necessarily be absent from

the elector's municipality of residence on the day of the

primary or election, which fact was not and could not reasonably

be known to the elector on or before five o'clock P.M. on the

[first Tuesday] fifteenth day prior to the day of the primary or

election.

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(2) An elector described in paragraph (1) may submit an

application for an absentee ballot at any time up until the time

of the closing of the polls on the day of the primary or

election. The application shall include a declaration describing

the circumstances that prevented the elector from applying for

an absentee ballot before five o'clock P.M. on the [first

Tuesday] fifteenth day prior to the day of the primary or

election or that prevent the elector from appearing at the

polling place on the day of the primary or election, and the

elector's qualifications under paragraph (1). The declaration

shall be made subject to the provisions of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities).

* * *

Section 2. Section 1308(g)(1.1) of the act, amended March

27, 2020 (P.L.41, No.12), is amended, subsection (g) is amended

by adding a paragraph and the section is amended by adding a

subsection to read:

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--* * *

(a.1) A judge of elections shall deliver all completed

absentee ballots and mail-in ballots to the county board of

elections by two o'clock A.M. on the day following the election.

* * *

(g) * * *

(1.1) The county board of elections shall meet [no earlier

than seven o'clock A.M. on election day] at least once before

election day at the county courthouse or the offices of the

county board of elections to pre-canvass all ballots received

prior to the meeting.

(1.2) A county board of elections that meets to pre-canvass

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absentee ballots and mail-in ballots may begin the tasks

described in paragraph (4)(i), (ii) and (iii) after eight

o'clock A.M. the Tuesday before the election. 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-

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.

* * *

Section 3. Section 1302.1-D(a) of the act is amended to

read:

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]

fifteenth day prior to the day of any primary or election.

* * *

Section 4. This act shall take effect immediately.

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