A06310
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2407
Session of
2020
INTRODUCED BY EVERETT, RYAN, ZABEL, SCHMITT, ULLMAN, WEBSTER,
BOBACK, JAMES, MILLARD, PICKETT, STAATS, MENTZER, SCHWEYER,
DONATUCCI, DeLUCA AND ROZZI, APRIL 14, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 14, 2020
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 official absentee voters ballots and for
canvassing of official absentee ballots and mail-in ballots;
and, in voting by qualified mail-in electors, further
providing for official mail-in elector ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1303(e) and 1303-D(e) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, amended March 27, 2020 (P.L. , No.12), are amended to
read:
Section 1. Sections 1303(e), 1308(g)(1) and (2) and 1303-
D(e) of the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, amended March 27, 2020 (P.L.41,
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No.12), are amended to read:
Section 1303. Official Absentee Voters Ballots.--* * *
(e) The official absentee voter ballot shall state that an
elector who receives an absentee ballot pursuant to section 1301
and whose voted ballot is not timely received by the commission
and who, on election day, is capable of voting at the
appropriate polling place may only vote on election day by
provisional ballot unless 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 under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) to the same
effect. The Secretary of the Commonwealth shall prescribe the
text and the manner by which the notice under this subsection
shall be printed on a ballot.
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(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), 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
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eight o'clock P.M. on the day of the primary or election.
(iii) Notwithstanding any other provision of this act to the
contrary, during a disaster emergency and for sixty (60) days
following the termination or conclusion of a disaster emergency,
an absentee ballot cast by any absentee elector, an absentee
ballot under section 1302.1(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
five o'clock P.M. on the seventh day following the primary or
election. For the purposes of this subparagraph, the term
"disaster emergency" shall have the same meaning as provided
under 35 Pa.C.S. § 7102 (relating to definitions) and declared
pursuant to the provisions of 35 Pa.C.S. § 7301 (relating to
general authority of Governor).
* * *
(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) and for absentee
ballots and mail-in ballots timely received under paragraph (1)
(iii). A county board of elections shall provide at least forty-
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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.
* * *
Section 1303-D. Official mail-in elector ballots.
* * *
(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. The Secretary of the
Commonwealth shall prescribe the text and the manner by which
the notice under this subsection shall be printed on a ballot.
Section 2. The amendment of sections 1303(e) and 1303-D(e)
of the act shall apply to elections held on or after November 3,
2020.
Section 3. This act shall take effect immediately.
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