PRINTER'S NO. 491
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
401
Session of
2023
INTRODUCED BY FONTANA, KANE, COSTA, MUTH AND COLLETT,
MARCH 15, 2023
REFERRED TO STATE GOVERNMENT, MARCH 15, 2023
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," 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:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding an
article to read:
ARTICLE XIII-F
VOTE BY ALL-MAIL
Section 1301-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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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
sender.
"Official ballot drop box." A secure receptacle that is
designated by a county and used exclusively for the collection
of absentee ballots and mail-in ballots under the provisions of
Articles XIII and XIII-D and:
(1) Except as provided in paragraph (4), is locked and
sealed.
(2) Except as provided in paragraph (5), is tamperproof
to protect the contents from unauthorized access or
transport.
(3) Is located at an official ballot drop site, inside
or outside, and remains in view of on-site staff, visually or
by video monitoring, or both.
(4) Only authorized personnel designated by the county
board of elections director may access the contents at
specified times or as directed by the director.
(5) Is transported only by authorized personnel
designated by the county board of elections director.
"Official ballot drop site." A location, designated by the
county board of elections, at which one or more official ballot
drop boxes are located and satisfies the requirements of section
1304-F.
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Section 1302-F. All-mail elections.
Notwithstanding any provision of this act or of any other law
of this Commonwealth, all voting in elections held after
November 3, 2023, shall be conducted only by mail-in and
absentee ballot in accordance with Articles XIII and XIII-D,
subject to the following:
(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.
(ii) If the county board determines that the elector
does not receive daily mail service from the United
States Postal Service, the county shall mail by
nonforwardable mail, postage prepaid, an official mail-in
ballot not sooner than 20 days prior to the date of the
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
elector's registration after the deadline for
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registration provided under section 1231, the county
board shall make the mail-in ballot available by
nonforwardable mail, at the county board's office or at
another place designated by the county board.
(2) For a qualified registered elector who is absent
from the elector's voter registration address by a reason
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
who is duly registered and enrolled as a member of a
party.
(ii) For a qualified registered elector with no
party affiliation, if the ballot for the primary election
provides for a measure or question, each registered
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 TO REFRAIN FROM VOTING IS
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SUBJECT TO CRIMINAL PENALTIES UPON CONVICTION,
INCLUDING IMPRISONMENT OR A FINE, OR BOTH.
(5) A county board shall count a ballot only if:
(i) the ballot is returned in the envelope
containing the declaration of the elector;
(ii) the envelope containing the declaration of the
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
one ballot cast by that elector.
(7) A qualified registered elector may obtain a
replacement ballot if the ballot is destroyed, spoiled, lost
or not received by the elector. The county board shall
maintain a record of each replacement ballot provided under
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
with the following:
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(i) To vote a replacement ballot, the elector must
complete and sign a replacement ballot request form,
which must include a signed statement of the elector
subject to the penalties of 18 Pa.C.S. § 4904 (relating
to unsworn falsification to authorities) that the
elector's mailed ballot was destroyed, spoiled, lost or
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
ensure that another ballot has not been returned by
the elector;
(B) note in the district register that the
elector has requested a replacement ballot;
(C) mark the outer return envelope clearly so
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
ballot. If a request form has been completed and signed
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by the elector and received by the county board, the
county board shall process the replacement ballot. If the
request form is not completed or signed by the elector or
received by the county board, the county board may not
process the replacement ballot.
(vi) If the county board determines that an elector
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 a mail-in or absentee ballot. The
compartments, shelves or tables shall be arranged in a manner
as to ensure that the elector may conveniently mark the
ballot with absolute secrecy. The county board shall also
provide, at any location where ballots are issued,
compartments with accessible voting units, which shall
include any voting device that complies with 42 U.S.C. Ch.
126 (relating to equal opportunity for individuals with
disabilities) and 52 U.S.C. § 21081 (relating to voting
systems standards) 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 paragraph (9).
(9) Notwithstanding the deadline for receipt of ballots
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under sections 1306, 1308 and 1306-D:
(i) A completed mail-in ballot or absentee ballot
must:
(A) If the mail-in or absentee ballot is
returned by any means other than by mail, be received
by the county board no later than 8 p.m. on the day
of the primary or election.
(B) If the mail-in or absentee ballot is
returned by mail:
(I) be received by the county board no later
than 8 p.m. on the day of the primary or
election; or
(II) as follows:
(a) have a postal indicator showing that
the ballot was mailed no later than the date
of the primary or election; and
(b) be received by the county board no
later than seven calendar days after the date
of the primary election. If the elector
returns the ballot by mail and a postal
indicator is not present or legible, the
ballot shall be considered to be mailed on
the date of the primary election and may be
counted if the ballot is received no later
than seven calendar days after the primary or
election.
(ii) If the county board receives a marked ballot
for an elector who does not reside in the same county of
the receiving county board, the ballot shall be forwarded
to the county board of the county in which the elector
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resides no later than the eighth day after the primary or
election.
(iii) As used in this paragraph, the term "postal
indicator" means a postmark or other indicator on a
mailed ballot, identified by the Secretary of the
Commonwealth by directive or instructions, that
demonstrates the date or time at which a ballot was
mailed.
(10) Notwithstanding sections 1306(b)(3) and 1306-D(b)
(3) or any other provision of law, elections in this
Commonwealth shall be conducted only by mail-in and absentee
ballot as required under this section. A registered elector
may not remit a ballot for spoiling in order to vote at the
polling place unless otherwise provided under this article.
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 to the same effect.
(11) Notwithstanding section 1308(g)(1.1) or any other
provision of law, no earlier than the seventh day prior to
the date of the election, the county board shall meet to
begin precanvassing all mail-in and absentee ballots received
prior to the meeting. A county board shall provide at least
48 hours' notice of a precanvass meeting by publicly posting
a notice of a precanvass meeting on its publicly accessible
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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
portion of a precanvass meeting prior to the close of the
polls.
Section 1303-F. Duties of department.
The department may establish by guidance, rule or regulation
the requirements and criteria for implementation and
administration of this article, including the following:
(1) the designation of places of deposit for the mailed
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 1304-F. Official ballot drop site.
(a) Establishment.--Each county shall establish one official
ballot drop site for every 30,000 registered electors residing
in the county. A county with fewer than 30,000 registered
electors shall establish at least one official ballot drop site.
(b) Locations.--An official ballot drop site shall be
located in a place that provides registered electors with an
official and secure environment and is:
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(1) Accessible during hours established by the county
board of elections under this section.
(2) Staffed by on-site employees, such as municipal
buildings, county buildings, libraries and fire stations.
(3) Conveniently accessible to registered electors.
(4) Accessible to registered electors with disabilities.
(5) Available and accessible to park a vehicle.
(c) Duties of county board of elections.--A county board of
elections shall:
(1) Develop and maintain a security plan. The plan shall
be filed with the Secretary of the Commonwealth. The plan
shall include security, including overnight security, of
official ballot drop boxes and official ballot drop sites.
(2) Except as provided in paragraph (3), establish hours
of accessibility both for official ballot drop boxes and
official ballot drop sites. A drop site may be open on the
first day ballots are mailed, but at a minimum, must be open
to the public beginning on the Friday preceding election day,
during the normal business hours of each official ballot drop
site location. Hours and dates of operation shall be posted
at a conspicuous place at each official ballot drop site and
on the publicly accessible Internet website of the county.
(3) On election day, keep official ballot drop sites
open for at least eight hours and until 8 p.m. Official
ballot drop sites shall close at 8 p.m. on election day. An
elector in line at 8 p.m. shall be permitted to complete the
deposit of the elector's absentee or mail-in ballot.
(d) Transfer of ballots.--Ballots transferred from an
official ballot drop box to a county board of elections for
canvassing and tabulation shall be transported in a locked or
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sealed ballot box or pouch.
Section 2. Section 1853 of the act 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 or Article XIII-
F 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 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
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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 3. The amendment or addition of Article XIII-F and
section 1853 of the act shall apply to elections occurring
after November 3, 2023.
Section 4. This act shall take effect immediately.
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