Trial Engrossment of Amendment A06851 to House Bill 2626 P.N. 4025, Regular Session 2019-2020

A06851

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2626

Session of

2020

INTRODUCED BY MOUL, RYAN, JAMES, STAATS, MILLARD, PYLE, THOMAS

AND MENTZER, JUNE 23, 2020

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 24, 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 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; in

preparation for and conduct of primaries and elections,

providing for deadline for change of enrollment of political

party; in voting by qualified absentee electors, further

providing for applications for official absentee ballots, for

date of application for absentee ballot, for approval of

application for absentee ballot, for official absentee voters

ballots, for voting by absentee electors and for canvassing

of official absentee ballots and mail-in ballots; in voting

by qualified mail-in electors, further providing for

applications for official mail-in ballots, for date of

application for mail-in ballot, FOR APPROVAL OF APPLICATION

FOR MAIL-IN BALLOT, for official mail-in elector ballots and

for voting by mail-in electors; and making a related repeal.

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; in Secretary of the Commonwealth, providing for

reports on implementation of elections; in county boards of

elections, further providing for powers and duties of county

boards, for records and documents to be open to public

inspection and proviso, for preservation of records and for

watchers or attorneys at sessions of county board and

candidates may be present; in district election officers,

further providing for qualifications of election officers and

for appointment of watchers; in voting by qualified absentee

electors, further providing for applications for official

absentee ballots, for date of application for absentee

ballot, for official absentee voters ballots, for delivering

or mailing ballots, for voting by absentee electors and for

canvassing of official absentee ballots and mail-in ballots;

in Statewide Uniform Registry of Electors Advisory Board,

providing for SURE requirements; in voting by qualified mail-

in electors, further providing for applications for official

mail-in ballots, for date of application for mail-in ballot,

for official mail-in elector ballots, for delivering or

mailing ballots and for voting by mail-in electors; in

penalties, providing for an enhancement of penalties for

certain violations; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, 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 develop a tracking system by which each ballot,

absentee ballot and mail-in ballot is assigned a unique

scannable identification number to ensure that multiple ballots

are not cast by a qualified elector.

Section 2. Section 302(p) of the act, amended March 27, 2020

A06851 - 2 -

(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 1306 and 1302-D.]

completed absentee ballot and envelopes containing the

declaration of the elector received by the judge of elections

under sections 1306(b)(3) and 1306-D(b)(3).

(q) To administer the ballot tracking system developed by

the Secretary of the Commonwealth under section 201(i) as

prescribed and directed by the Secretary of the Commonwealth.

Section 3. The act is amended by adding a section to read:

Section 1231.1. Deadline for Change of Enrollment of

Political Party.-- Not later than thirty days prior to an

election, a registered elector who desires to change the

enrollment of political designation or who, although registered,

has not previously enrolled as a member of a party may appear

before a commissioner, registrar or clerk or may submit an

application by mail under 25 Pa.C.S. § 1324 (relating to

application by mail) and state in a signed writing the political

party in which the registered elector desires to be enrolled. If

A06851 - 3 -

the signature of the elector is verified by comparison with the

registered elector's signature as it appears on file with the

commission, the commissioner, registrar or clerk shall make the

change in its registration records. If supported by other

evidence of identity, a mark may be made in lieu of a signature

by a registered elector who is unable to write. The mark must be

made in the presence of a witness who must sign the registration

application.

Section 4. Section 1302(i)(1) of the act, amended March 27,

2020 (P.L.41, No.12), is amended to read:

Section 1302. Applications for Official Absentee Ballots.--*

* *

(i) (1) Application for official absentee ballots shall be

on physical and electronic forms prescribed by the Secretary of

the Commonwealth.

(1.1) The application shall state that an elector who

applies for an absentee ballot pursuant to section 1301 shall

not be eligible to vote at a polling place on election day

[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 of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) to the same effect.] except by

provisional ballot. The application shall also state that an

elector may deliver an absentee ballot and the envelope

containing the declaration of the elector to the judge of

elections of the elector's election district at the elector's

polling place during the hours that the polling place is open on

election day.

A06851 - 4 -

(1.2) [Such physical] Physical application forms shall be

made freely available to the public at county board of

elections, municipal buildings and at such other locations

designated by the secretary.

(1.3) [Such electronic] Electronic application forms shall

be made freely available to the public through publicly

accessible means.

(1.4) No written application or personal request shall be

necessary to receive or access the application forms.

(1.5) Copies and records of all completed physical and

electronic applications for official absentee ballots shall be

retained by the county board of elections.

* * *

Section 5. Section 1302.1(a) and (a.3)(1) and (2) of the

act, amended October 31, 2019 (P.L.552, No.77), 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

A06851 - 5 -

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.

(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

A06851 - 6 -

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 6. Sections 1302.2(c), 1303(e) and 1306(a)

introductory paragraph and (b)(3) of the act, amended March 27,

2020 (P.L.41, No.12), are amended to read:

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, or during the pre-canvassing of an

elector's absentee ballot, whichever is earlier: 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

A06851 - 7 -

application for an absentee ballot.

* * *

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

or voted ballot and the envelope containing the declaration of

the elector is timely received by the judge of elections of the

elector's election district at the elector's polling place on

election day 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].

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

A06851 - 8 -

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 or to the judge of

elections of the elector's election district at the elector's

polling place.

* * *

(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)] deliver the completed absentee

ballot to the judge of elections of the elector's election

A06851 - 9 -

district at the elector's polling place.

* * *

Section 7. Section 1308(g)(1.1) and (2) 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 , MAIL-IN BALLOTS and envelopes containing the

declaration of the elector received under sections 1306(b)(3)

and 1306-D(b)(3) 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 election to pre-canvass all ballots received

prior to the meeting. THE MEETING.

(1.2) A COUNTY BOARD OF ELECTIONS THAT MEETS TO PRE-CANVASS

ABSENTEE BALLOTS AND MAIL-IN BALLOTS MAY COMPLETE THE TASKS

DESCRIBED IN PARAGRAPH (4)(I), (II) AND (III) AT ANY POINT

DURING THE PERIOD BEGINNING TWENTY-ONE DAYS PRIOR TO THE

ELECTION AND UP TO AND INCLUDING THE DAY BEFORE THE ELECTION,

PROVIDED THAT THE BOARD COMPLETES A PRE-CANVASS OF ALL ABSENTEE

BALLOTS OR MAIL-IN BALLOTS RECEIVED PRIOR TO THE FRIDAY 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

A06851 - 10 -

accessible Internet website. [One] The authorized representative

of each candidate in an election, the county chairperson of each

political party 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. The proceedings

of the pre-canvassing shall be recorded and made available upon

request. 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 at the county

courthouse or the offices of the county board of 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, the county

chairperson of each political party 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.

The proceedings of the canvassing shall be recorded and made

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available upon request.

* * *

Section 8. Section 1302-D(f) of the act, amended March 27,

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

by adding a paragraph to read:

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

* * *

(f) Form.--The following shall apply:

(1) Application for an official mail-in ballot shall be

on physical and electronic forms prescribed by the Secretary

of the Commonwealth.

(2) 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.] except by

provisional ballot. The application shall also state that an

elector may deliver a mail-in ballot and the envelope

containing the declaration of the elector to the judge of

elections of the elector's election district at the elector's

polling place during the hours that the polling place is open

on election day.

(3) The physical application forms shall be made freely

available to the public at county board of elections,

municipal buildings and at other locations designated by the

Secretary of the Commonwealth.

A06851 - 12 -

(4) The electronic application forms shall be made

freely available to the public through publicly accessible

means.

(5) No written application or personal request shall be

necessary to receive or access the application forms.

(6) 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.--

* * *

(1.1) A county board of elections shall remove a person

from the permanent mail-in ballot list if the elector does

any of the following:

(i) The person loses eligibility to vote.

(ii) The elector votes in person at the elector's

polling place.

(iii) The elector requests removal from the

permanent mail-in ballot list.

* * *

Section 9. Section 1302.1-D(a) of the act, added October 31,

2019 (P.L.552, No.77), 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

A06851 - 13 -

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 10. Sections 1302.2-D(A)(3), 1303-D(e) and 1306-D(a)

and (b)(3) of the act, amended March 27, 2020 (P.L.41, No.12),

are amended to read:

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

CONTAINED ON THE APPLICANT'S PERMANENT REGISTRATION CARD. THE

FOLLOWING SHALL APPLY:

* * *

(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 OR DURING THE PRECANVASSING OF AN ELECTOR'S

MAIL-IN BALLOT, WHICHEVER IS EARLIER: 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.

* * *

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

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and whose voted mail-in ballot is not timely received by the

commission or voted ballot and the envelope containing the

declaration of the elector is timely received by the judge of

elections of the elector's election district at the elector's

polling place on election day 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].

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

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 or to the judge of elections of

the elector's election district at the elector's polling place.

* * *

A06851 - 15 -

(b) Eligibility.--

* * *

(3) Notwithstanding paragraph (2), an elector who

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)] deliver the completed mail-in

ballot and the envelope containing the declaration of the

elector to the judge of elections of the elector's election

district at the elector's polling place.

* * *

Section 11. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary for the addition of section

1231.1.

(2) 25 Pa.C.S § 1503 is repealed.

A06851 - 16 -

Section 12. This act shall take effect in 30 days.

Section 1. Section 102(a.1) and (q.1) 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:

* * *

(a.1) The word "canvass" shall mean the [gathering of

ballots after the final pre-canvass meeting and the counting,

computing and tallying of the votes reflected on the ballots.]

activities permitted under section 1308(g)(3) and (4).

* * *

(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.] the

activities permitted under section 1308(g)(3) and (4)(i), (ii)

and (iii).

* * *

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

Section 209. Reports on Implementation of Elections.--(a)

No later than sixty days after an election, the Bureau of

Commissions, Elections and Legislation of the Department of

State shall issue a report to the chair and minority chair of

the State Government Committee of the Senate and the chair and

minority chair of the State Government committee of the House of

A06851 - 17 -

Representatives. A copy of the report shall also be made

available on the Department of State's publicly accessible

Internet website.

(b) The report under subsection (a) shall include only the

following information relating to the administration of the

election by the Department of State, a county board of elections

or a registration commission established under 25 Pa.C.S. § 1203

(relating to commissions):

(1) For each county and the sum for this Commonwealth, the

number of applications for an absentee ballot which were

received by the county boards of elections.

(2) For each county and the sum for this Commonwealth, the

number of applications for a mail-in ballot which were received

by the county boards of elections.

(3) For each county and the sum for this Commonwealth, the

number of applications for an absentee ballot which were

approved by the county boards of elections.

(4) For each county and the sum for this Commonwealth, the

number of applications for a mail-in ballot which were approved

by the county boards of elections.

(5) For each county and the sum for this Commonwealth, the

number of absentee ballots which were voted by qualified

electors.

(6) For each county and the sum for this Commonwealth, the

number of mail-in ballots which were voted by qualified

electors.

(7) For each county and the sum for this Commonwealth, the

number of provisional ballots cast under section 1210(a.4).

(8) For each county and the sum for this Commonwealth, the

number of qualified electors voting by a provisional ballot

A06851 - 18 -

under section 1306(b)(2).

(9) For each county and the sum for this Commonwealth, the

number of qualified electors voting by provisional ballot under

section 1306-D(b)(2).

(10) For each county and the sum for this Commonwealth, the

number of provisional ballots under paragraph (7) which were

canvassed.

(11) For each county and the sum for this Commonwealth, the

number of provisional ballots under paragraph (8) which were

canvassed.

(12) For each county and the sum for this Commonwealth, the

number of provisional ballots under paragraph (9) which were

canvassed.

(13) For each county and the sum for this Commonwealth, the

number of voter registration applications under section 1231 and

25 Pa.C.S. Pt. IV (relating to voter registration) which were

received:

(i) Fewer than thirty days before the election.

(ii) Fewer than fifteen days before the election.

(14) For each county and the sum for this Commonwealth, the

number of polling places in school buildings.

(15) For each county, the date, starting time and ending

time that the county board of elections met to pre-canvass

absentee ballots and mail-in ballots under section 1308(g)(1.1).

(16) For each county, the date, starting time and ending

time that the county board of elections met to canvass absentee

ballots and mail-in ballots under section 1308(g)(2).

(17) For each county and the sum for this Commonwealth, the

number of absentee ballots which were challenged under section

1302.2(c).

A06851 - 19 -

(18) For each county and the sum for this Commonwealth, the

number of mail-in ballots which were challenged under section

1302.2-D(a)(2).

(19) For each county and the sum for this Commonwealth, the

number of absentee ballots subject to challenges under paragraph

(17) which were not canvassed.

(20) For each county and the sum for this Commonwealth, the

number of mail-in ballots subject to challenges under paragraph

(18) which were not canvassed.

(21) The number of incidents known to the Department of

State, county boards of elections or registration commissions

relating to each of the following categories:

(i) An absentee ballot or mail-in ballot which was sent to

the wrong individual or wrong address.

(ii) An absentee ballot or mail-in ballot which was voted by

an individual other than the individual who applied for the

absentee ballot or mail-in ballot.

(iii) An absentee ballot or mail-in ballot which was

returned to the county boards of elections by a means other than

permitted by law.

(22) To the extent consistent with Federal and State law, a

review of any action taken by the Department of State, county

boards of elections or registration commissions in response to

an incident under paragraph (21), including determinations made

on the incident, legal actions filed and referrals to law

enforcement.

(23) A review of issues or incidents encountered with an

electronic voting system that received the approval of the

Secretary of the Commonwealth under section 1105-A, including

any technical issues encountered at polling places.

A06851 - 20 -

collect data required to be included in the report under

subsection (b) from each county board of elections which

conducts an election and each registration commission under 25

Pa.C.S. Pt. IV in a county which conducts an election, as

applicable. A county board of elections or registration

commission under this subsection shall comply with the process

for submission of data under this subsection no later than

forty-five days after an election.

Section 3. Section 302(p) of the act, amended March 27, 2020

(P.L.41, No.12), is amended 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 1306 and 1302-D.] all

material delivered under sections 1306(b)(3)(i) and 1306-D(b)(3)

(i).

Section 4. Sections 308, 309, 310(a), 402(a) and 417(b) of

the act are amended to read:

Section 308. Records and Documents to Be Open to Public

Inspection; Proviso.--The records of each county board of

elections, general and duplicate returns, tally papers,

A06851 - 21 -

affidavits of voters and others, nomination petitions,

recordings of pre-canvassing meetings, recordings of canvassing

meetings, certificates and papers, other petitions, appeals,

witness lists, accounts, contracts, reports and other documents

and records in its custody, except the contents of ballot boxes

and voting machines and records of assisted voters, shall be

open to public inspection, except as herein provided, and may be

inspected and copied by any qualified elector of the county

during ordinary business hours, at any time when they are not

necessarily being used by the board, or its employes having

duties to perform thereto: Provided, however, That such public

inspection thereof shall only be in the presence of a member or

authorized employe of the county board, and shall be subject to

proper regulation for safekeeping of the records and documents,

and subject to the further provisions of this act: And provided

further, That general and duplicate returns, tally papers,

affidavits of voters and others, and all other papers required

to be returned by the election officers to the county board

sealed, shall be open to public inspection only after the county

board shall, in the course of the computation and canvassing of

the returns, have broken such seals and finished, for the time,

their use of said papers in connection with such computation and

canvassing[.]: And provided further, That recordings of pre-

canvassing meetings shall be open to public inspection under

this section only after the close of polls on election day; And

provided further, That recordings of pre-canvassing meetings

shall also be open to public inspection under this section by an

authorized representative under section 1308(g)(1.1)(vi): And

provided further, That recordings of canvassing meetings shall

be open to public inspection under this section by an authorized

A06851 - 22 -

representative under section 1308(g)(2)(vi).

Section 309. Preservation of Records.--All documents, papers

and records in the office of the county board of elections of

each county shall be preserved therein for a period of at least

eleven (11) months, and all official ballots [and], the contents

of ballot boxes and recordings of pre-canvassing meetings and

canvassing meetings shall be preserved therein for a period of

at least four (4) months; in the event the county board has been

notified in writing by the district attorney of the county, or

by a judge of a court of record, to preserve said [papers or

contents of ballot boxes] records for a longer period of time,

for the purposes of pending prosecution or litigation, said

records shall be preserved accordingly.

Section 310. Watchers or Attorneys at Sessions of County

Board; Candidates May Be Present.--

(a) Any party or political body or body of citizens which

now is, or hereafter may be, entitled to have watchers at any

registration, primary or election, shall also be entitled to

appoint watchers who are qualified electors [of the county], or

attorneys, to represent such party or political body or body of

citizens at any public session or sessions of the county board

of elections, and at any computation and canvassing of returns

of any primary or election and recount of ballots or recanvass

of voting machines under the provisions of this act. Such

watchers or attorneys may exercise the same rights as watchers

at registration and polling places, but the number who may be

present at any one time may be limited by the county board to

not more than three for each party, political body or body of

citizens.

* * *

A06851 - 23 -

Section 402. Qualifications of Election Officers.--(a)

Except as provided in subsection (b), election officers shall be

qualified registered electors of the [district in which they are

elected or appointed.] county in which the polling place is

located. An election officer shall not be required to be a

qualified registered elector in the election district in which

the election officer is appointed. No person shall be qualified

to serve as an election officer who shall hold, or shall within

two months have held, any office, appointment or employment in

or under the Government of the United States or of this State or

of any city or county or poor district, of any municipal board,

commission or trust in any city, save only district justices,

notaries public and persons in the militia service of the State;

nor shall any election officer be eligible to any civil office

to be voted for at a primary or election at which he shall

serve, except that of an election officer.

* * *

Section 417. Appointment of Watchers.--

* * *

(b) Each watcher so appointed must be a qualified registered

elector [of the county in which the election district for which

the watcher was appointed is located]. Each watcher so appointed

shall be authorized to serve in the election district for which

the watcher was appointed and, when the watcher is not serving

in the election district for which the watcher was appointed, in

any other election district [in the county in which the watcher

is a qualified registered elector]: Provided, That only one

watcher for each candidate at primaries, or for each party or

political body at general, municipal or special elections, shall

be present in the polling place at any one time from the time

A06851 - 24 -

that the election officers meet prior to the opening of the

polls under section 1208 until the time that the counting of

votes is complete and the district register and voting check

list is locked and sealed, and all watchers in the room shall

remain outside the enclosed space. It shall not be a requirement

that a watcher be a resident of the election district for which

the watcher is appointed. After the close of the polls and while

the ballots are being counted or voting machine canvassed, all

the watchers shall be permitted to be in the polling place

outside the enclosed space. Each watcher shall be provided with

a certificate from the county board of elections, stating his

name and the name of the candidate, party or political body he

represents. Watchers shall be required to show their

certificates when requested to do so. Watchers allowed in the

polling place under the provisions of this act, shall be

permitted to keep a list of voters and shall be entitled to

challenge any person making application to vote and to require

proof of his qualifications, as provided by this act. During

those intervals when voters are not present in the polling place

either voting or waiting to vote, the judge of elections shall

permit watchers, upon request, to inspect the voting check list

and either of the two numbered lists of voters maintained by the

county board: Provided, That the watcher shall not mark upon or

alter these official election records. The judge of elections

shall supervise or delegate the inspection of any requested

documents.

* * *

Section 5. Section 1302(i)(1) of the act, amended March 27,

2020 (P.L.41, No.12), is amended and the subsection is amended

by adding paragraphs to read:

A06851 - 25 -

Section 1302. Applications for Official Absentee Ballots.--*

* *

(i) (1) Application for official absentee ballots shall be

on physical and electronic forms prescribed by the Secretary of

the Commonwealth.

(1.1) The application shall state [that] the following:

(i) That an elector who applies for an absentee ballot

pursuant to section 1301 shall not be eligible to vote at a

polling place on election day [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 of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) to the same

effect. Such physical] except by provisional ballot.

(ii) That an elector who does not return the absentee ballot

by mail may personally deliver the absentee ballot to only the

following:

(A) A member or employe of the county board of elections at

the permanent offices of the county board of elections.

(B) A member or employe of the county board of elections at

a location at the county courthouse designated by the county

board of elections.

election day.

(1.2) Physical application forms shall be made freely

available to the public at county board of elections, municipal

buildings and at such other locations designated by the

secretary. [Such electronic]

(1.3) Electronic application forms shall be made freely

A06851 - 26 -

available to the public through publicly accessible means.

(1.4) No written application or personal request shall be

necessary to receive or access the application forms.

(1.5) Copies and records of all completed physical and

electronic applications for official absentee ballots shall be

retained by the county board of elections.

* * *

Section 6. Section 1302.1(a) and (a.3)(1) and (2) of the

act, amended October 31, 2019 (P.L.552, No.77), 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,

A06851 - 27 -

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.

(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 7. Section 1303(e) of the act, amended March 27,

2020 (P.L.41, No.12), is amended to read:

A06851 - 28 -

Section 1303. Official Absentee Voters Ballots.--* * *

(e) (1) 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 following:

(i) That an elector who does not return the absentee ballot

by mail may personally deliver the ballot, enclosed within both

the envelope marked "Official Election Ballot" and the envelope

containing the declaration of the elector, to only the

following:

(A) A member or an employe of the county board of elections,

before election day or prior to eight o'clock P.M. of election

day, at:

(I) the permanent offices of the county board of elections;

(II) a location at the county courthouse designated by the

county board of elections.

(B) The judge of elections at the elector's polling place on

election day during polling hours.

(ii) That an elector who receives an absentee ballot

pursuant to section 1301 and whose voted ballot is not timely

received as set forth in subparagraph (i) and who, on election

A06851 - 29 -

day, is capable of voting at the appropriate polling place may

only vote on election day by provisional ballot.

(iii) That an elector must personally return or mail the

elector's ballot.

(2) 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 and shall include the following

statement:

This ballot may be mailed by the elector to the county board

of elections or personally returned by the elector to the

judge of elections at the elector's polling place on election

day, or in person on or before election day to a member or an

employee of the county board of elections at a location at

the county courthouse designated by the county board of

elections or in person on or before election day to a member

or an employee of the county board of elections at the

permanent offices of the county board of elections and to no

other location.

Section 8. Section 1305(b)(1) of the act, amended October

31, 2019 (P.L.552, No.77), is amended to read:

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

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

A06851 - 30 -

that proceeding but in any event, shall commence to deliver or

mail official absentee ballots not later than the [second]

fourth 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.

* * *

Section 9. Section 1306(a) introductory paragraph and (b)(3)

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

and subsection (b) is amended by adding a paragraph 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

A06851 - 31 -

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election[.] to a member or an

employe of the county board of elections at the permanent

offices of the county board of elections, to a member or an

employe of the county board of elections at a location at the

county courthouse designated by the county board of elections or

to the judge of elections of the elector's election district at

the elector's polling place during polling hours and to no other

location.

* * *

(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)

A06851 - 32 -

(Local Judge of Elections)] personally deliver the completed

absentee ballot, enclosed within both the envelope marked

"Official Election Ballot" and the envelope containing the

declaration of the elector, to only the following:

(i) The judge of elections of the elector's election

district at the elector's polling place during polling hours.

(ii) A member or an employe of the county board of elections

at a location at the county courthouse designated by the county

board of elections.

(iii) A member or an employe of the county board of

elections at the permanent offices of the county board of

elections.

(4) A judge of elections shall keep all material delivered

under paragraph (3)(i) in a secure, safe and sealed container in

the custody of the judge of elections until delivery of the

material to the county board of elections under section

1308(a.1).

* * *

Section 10. Section 1308(g)(1.1), (2) and (3) of the act,

amended October 31, 2019 (P.L.552, No.77) and March 27, 2020

(P.L.41, No.12), are amended 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 material

personally delivered under sections 1306(b)(3)(i) and 1306-D(b)

(3)(i) to the county board of elections by two o'clock A.M. on

the day following the election.

* * *

(g) * * *

A06851 - 33 -

(1.1) The following apply to pre-canvassing by a county

board of elections:

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

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

election day to pre-canvass all ballots received prior to the

meeting.

(ii) A county board of elections may not pre-canvass

absentee ballots and mail-in ballots before eight o'clock A.M.

on the Saturday before the election.

(iii) A county board of elections may not pre-canvass

absentee ballots or mail-in ballots received on or after the day

of the election.

(iv) If a county board of elections meets to pre-canvass

absentee ballots and mail-in ballots at a location other than

the offices of the county board of elections, the county board

of elections shall maintain security and chain of custody of any

material transported to the location from the offices of the

county board of elections.

(v) 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.

(vi) One authorized representative of each candidate in an

election, one authorized representative of the county

chairperson of each political party and one authorized

representative [from] of each political party shall be permitted

to remain in the room in which the absentee ballots and mail-in

ballots are pre-canvassed. Authorized representatives shall be

permitted to be in an area which is within audio range and has a

clear line of sight of the pre-canvassing activities.

A06851 - 34 -

(vii) A county board of elections shall record the pre-

canvassing activities with audio and visual recording. A

recording under this subparagraph shall be made available only

after the close of the polls under section 308.

(viii) No person observing, attending or participating in a

pre-canvass meeting or who views or listens to a recording under

subparagraph (vii) may disclose the results of any portion of

any pre-canvass meeting prior to the close of the polls.

(2) The following apply to canvassing by a county board of

elections:

(i) 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] nine o'clock A.M. on the day following the election

to begin canvassing absentee ballots and mail-in ballots [not

included in the pre-canvass meeting].

(ii) 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.

(iii) The county board of elections shall not record or

publish any votes reflected on the ballots prior to the close of

the polls.

(iv) 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).

(v) 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.

(vi) One authorized representative of each candidate in an

election, one authorized representative of the county

A06851 - 35 -

chairperson of each political party and one authorized

representative [from] of each political party shall be permitted

to remain in the room in which the absentee ballots and mail-in

ballots are canvassed. Authorized representatives shall be

permitted to be in an area which is within audio range and has a

clear line of sight of the canvassing activities.

(vii) A county board of elections shall record the

canvassing activities with audio and visual recording. A

recording under this subparagraph shall be made available under

section 308.

(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] do all of the following:

(i) Examine the declaration on the envelope of each ballot

not set aside under subsection (d) and 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.

(ii) 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.

(iii) For absentee ballots or mail-in ballots which the

county board is not satisfied that proof of identification has

A06851 - 36 -

been provided due to any inability to match the signature

present on the ballot to the signature on file:

(A) Notify the elector by mail, e-mail, telephone or text

message that the signature on the elector's ballot does not

match the elector's signature in the registration books.

(B) Direct the elector to appear before, or to provide an

electronic, facsimile or paper copy to, the county board of

elections within six (6) calendar days of the notice with:

(I) proof of identification and an executed affirmation

attesting, under penalty of perjury, that the elector is the

same individual who personally remitted the absentee ballot or

mail-in ballot; or

(II) an executed affirmation attesting, under penalty of

perjury, that the elector is the same individual who personally

remitted the absentee ballot or mail-in ballot and that the

elector is indigent and unable to obtain proof of identification

without the payment of a fee.

ballot may not be counted if the elector fails to comply with

clause (B).

* * *

Section 11. The heading of Article XIII-C of the act is

amended to read:

ARTICLE XIII-C

Statewide Uniform Registry of Electors [Advisory Board]

Section 12. The act is amended by adding a section to read:

Section 1303-C. SURE requirements.

In addition to the requirements under 25 Pa.C.S. § 1222(c)

(relating to SURE system), the SURE system shall do all of the

following:

A06851 - 37 -

(1) track applications for absentee ballots and mail-in

ballots; and

(2) assign a unique scannable identification number to

be affixed to the envelope containing the declaration of the

elector which is returned by the elector with each absentee

ballot and mail-in ballot.

Section 13. Section 1302-D(f) of the act, amended March 27,

2020 (P.L.41, No.12), is amended to read:

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

* * *

(f) Form.--The following shall apply:

(1) Application for an official mail-in ballot shall be

on physical and electronic forms prescribed by the Secretary

of the Commonwealth.

(2) The application shall state [that] the following:

(i) 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.] except

by provisional ballot.

(ii) That an elector who does not return the mail-in

ballot by mail may personally deliver the mail-in ballot

to only the following:

(A) A member or employee of the county board of

elections at the permanent offices of the county

A06851 - 38 -

board of elections.

(B) A member or employee of the county board of

elections at a location at the county courthouse

designated by the county board of elections.

polling place on election day.

(3) The physical application forms shall be made freely

available to the public at county board of elections,

municipal buildings and at other locations designated by the

Secretary of the Commonwealth.

(4) The electronic application forms shall be made

freely available to the public through publicly accessible

means.

(5) No written application or personal request shall be

necessary to receive or access the application forms.

(6) Copies and records of all completed physical and

electronic applications for official mail-in ballots shall be

retained by the county board of elections.

* * *

Section 14. Section 1302.1-D(a) of the act, added October

31, 2019 (P.L.552, No.77), 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

A06851 - 39 -

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 15. Sections 1303-D(e) and 1305-D of the act,

amended March 27, 2020 (P.L.41, No.12), are amended to read:

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

* * *

(e) Notice.--

(1) 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 following:

(i) That an elector who does not return the mail-in

ballot by mail may personally deliver the ballot,

enclosed within both the envelope marked "Official

Election Ballot" and the envelope containing the

declaration of the elector, to only the following:

(A) A member or an employee of the county board

of elections, before election day or prior to 8 p.m.

of election day, at:

(I) the permanent offices of the county

board of elections; or

(II) a location at the county courthouse

designated by the county board of elections.

A06851 - 40 -

(B) The judge of elections at the elector's

polling place on election day during polling hours.

(ii) That an elector who receives a mail-in ballot

under section 1301-D and whose voted ballot is not timely

received as set forth under subparagraph (i) and who, on

election day, is capable of voting at the appropriate

polling place may only vote on election day by

provisional ballot .

(iii) That an elector must personally return or mail

the elector's ballot.

(2) 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 and shall include the

following statement:

This ballot may be mailed by the elector to the

county board of elections or personally returned by

the elector to the judge of elections at the

elector's polling place on election day, or in person

on or before election day to a member or an employee

of the county board of elections at a location at the

county courthouse designated by the county board of

elections or in person on or before election day to a

member or an employee of the county board of

elections at the permanent offices of the county

board of elections and to no other location.

Section 1305-D. Delivering or mailing ballots.

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.

A06851 - 41 -

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] fourth 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 15.1. Section 1306-D(a) and (b)(3) of the act,

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

subsection (b) is amended by adding a paragraph to read:

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

be securely sealed and the elector shall send same by mail,

A06851 - 42 -

postage prepaid, except where franked, or deliver it in person

[to said county board of election.] to a member or an employee

of the county board of elections at the permanent offices of the

county board of elections, to a member or an employee of the

county board of elections at a location at the county courthouse

designated by the county board of elections or to the judge of

elections of the elector's election district at the elector's

polling place during polling hours and to no other location.

* * *

(b) Eligibility.--

* * *

(3) Notwithstanding paragraph (2), an elector who

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)] may personally deliver the

A06851 - 43 -

completed mail-in ballot, enclosed within both the envelope

marked "Official Election Ballot" and the envelope containing

the declaration of the elector, to only the following:

(i) The judge of elections of the elector's election

district at the elector's polling place during polling

hours.

(ii) A member or an employee of the county board of

elections at a location at the county courthouse

designated by the county board of elections.

(iii) A member or an employee of the county board of

elections at the permanent offices of the county board of

elections.

(4) A judge of elections shall keep all material

delivered under paragraph (3)(i) in a secure, safe and sealed

container in the custody of the judge of elections until

delivery of the material to the county board of elections

under section 1308(a.1).

* * *

Section 16. Sections 1801, 1802, 1802.1, 1803, 1804, 1805,

1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815,

1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824, 1825, 1827,

1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836, 1837,

1838, 1839, 1840, 1841, 1843, 1845, 1847, 1848, 1849 and 1850

of the act are amended to read:

Section 1801. Disobeying Lawful Instructions.--Any person

who wilfully disobeys any lawful instruction or order of any

county board of elections, or who refuses to obey their subpoena

duly issued and served under the provisions of this act, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding [five hundred ($500)]

A06851 - 44 -

one thousand ($1,000) dollars, or to undergo an imprisonment not

exceeding [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1802. Perjury.--Any wilful false statement made

under oath or affirmation or in writing, stating that it is so

made, although such oath or affirmation may not have actually

been made, by any person regarding any material matter or thing

relating to any subject being investigated, heard, determined or

acted upon by any county board of elections, or member thereof,

or by any court or judge thereof, judge of election, inspector

of election, or overseer, in accordance with the terms of this

act, shall be perjury, a misdemeanor of the first degree, and

any person, upon conviction thereof, shall be sentenced to pay a

fine not exceeding [ten thousand ($10,000)] twenty thousand

($20,000) dollars, or to undergo an imprisonment of not more

than [five (5)] ten (10) years, or both, in the discretion of

the court.

Section 1802.1. False Affidavits of Candidates.--Any

candidate for State, county, city, borough, incorporated town,

township or school district office or for the office of United

States Senator or Representative in Congress or any other

elective public office who knowingly makes a false statement

regarding his eligibility or qualifications for such office in

his candidate's affidavit shall, in litigation which results in

the removal of the candidate from the ballot, be liable for

court costs, including filing fees, attorney fees, investigation

fees and similar costs, in an amount up to [ten thousand

($10,000)] twenty thousand ($20,000) dollars.

Section 1803. Refusal to Permit Inspection of Papers;

Destruction or Removal; Secretary of the Commonwealth.--Any

A06851 - 45 -

Secretary of the Commonwealth, deputy, or employe of his office,

who shall refuse to permit the public inspection or copying as

authorized, except when in use in his office, by this act, of

any return, nomination petition, certificate or paper, other

petition, account, contract, report or any other document or

record in his custody which, under the provisions of this act,

is required to be open to public inspection; or who shall

destroy or alter, or permit to be destroyed or altered, any such

document or record during the period for which the same is

required to be kept in his office; or who shall remove any such

document or record from his office during said period, or permit

the same to be removed, except pursuant to the direction of any

competent court or any committee required to determine any

contested primary or election, shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [one thousand ($1,000)] two thousand ($2,000)

dollars, or to undergo an imprisonment of not less than [one (1)

month] two (2) months nor more than [two (2)] four (4) years, or

both, in the discretion of the court.

Section 1804. Refusal to Permit Inspection of Papers;

Destruction or Removal; County Boards of Elections.--Any member,

chief clerk or other employe of any county board of elections,

who shall refuse to permit the public inspection or copying, as

authorized by this act, of any general or duplicate return

sheet, tally paper, affidavit, nomination petition, certificate

or paper, other petition, witness list, account, contract,

report or any other document or record in the custody of such

county board which, under the provisions of this act, is

required to be open to public inspection; or who shall destroy

or alter, or permit to be destroyed or altered, any such

A06851 - 46 -

document or record during the period for which the same is

required to be kept in the office of such county board; or who

shall remove any such document or record from the office of such

county board during said period, or permit the same to be

removed, except pursuant to the direction of any competent court

or any committee required to determine any contested primary or

election, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [one (1) month] two (2) months

nor more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1805. Insertion and Alteration of Entries in

Documents; Removal; Refusal to Deliver.--Any member, chief clerk

or employe of any county board of elections or judge, inspector

or clerk of election, machine inspector, overseer, or other

person, who knowingly inserts or knowingly permits to be

inserted any fictitious name, false figure or other fraudulent

entry on or in any registration card, district register, voter's

certificate, list of voters, affidavit, tally paper, general or

duplicate return sheet, statement, certificate, oath, voucher,

account, ballot or other record or document authorized or

required to be made, used, signed, returned or preserved for any

public purpose in connection with any primary or election; or

who materially alters or intentionally destroys any entry which

has been lawfully made therein, except by order of the county

board of elections or court of competent jurisdiction, or who

takes or removes any such book, affidavit, return, account,

ballot or other document or record from the custody of any

person having lawful charge thereof, in order to prevent the

A06851 - 47 -

same from being used or inspected or copied as required or

permitted by this act, or who neglects or refuses, within the

time and in the manner required by this act, to deliver the same

into the custody of the officers who are required by this act to

use or keep the same, shall be guilty of a misdemeanor, and,

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

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not less than [one (1) month]

two (2) months or more than [two (2)] four (4) years, or both,

in the discretion of the court.

Section 1806. Refusal to Permit Overseers, Watchers,

Attorneys or Candidates to Act.--Any member of a county board of

elections, judge of election or inspector of election who shall

refuse to permit any overseer or watcher, attorney or candidate

to be present, as authorized by this act, at any session of a

county board, computation and canvassing of returns of any

primary or election, recount of ballots or recanvass of voting

machines, as authorized by this act, or at any polling place

during the time the polls are open at any primary or election,

and after the close of the polls during the time the ballots are

counted or voting machine canvassed and until the returns of

such primary or election have been made up and signed, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment not

exceeding [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1807. Driving away Watchers, Attorneys, Candidates

or Overseers.--Any person who by violence or intimidation shall

threaten or drive away any watcher, attorney, candidate or

A06851 - 48 -

overseer, or representative of the county board of elections, or

of the Secretary of the Commonwealth, required or permitted to

be present at any polling place, or who shall in any manner

prevent any overseer, or representative of the county board of

elections or of the Secretary of the Commonwealth from

performing his duty under this act, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not less than

[one (1) month] two (2) months nor more than [two (2)] four (4)

years, or both, in the discretion of the court.

Section 1808. Refusal to Permit Election Officers, Clerks

and Machine Inspectors to Act; Driving away Said Persons.--Any

person, including any election officer, who shall refuse to

permit any election officer, clerk or machine inspector, duly

elected or appointed and authorized to act, to perform the

duties imposed on him or to act as permitted by this act; or who

shall by violence or intimidation threaten or drive away, any

such election officer, clerk or machine inspector or who shall,

in any manner, prevent any such election officer, clerk or

machine inspector from performing his rights and duties under

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [one (1) month] two (2) months

or more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1809. Refusal to Administer Oath; Acting Without

Being Sworn.--If any judge of election or minority inspector of

election refuses or fails to administer the oath to the officers

A06851 - 49 -

of election, in the manner required by this act, or if any judge

of election, inspector of election, clerk of election, or

machine inspector, shall act without being first duly sworn, or

if any such person shall sign the written form of oath without

being duly sworn, or if any judge of election or minority

inspector of election or any other person authorized to

administer oaths shall certify that any such person was sworn

when he was not, he shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one hundred ($100)] two hundred ($200) dollars, or to

undergo an imprisonment not exceeding [six (6) months] one (1)

year, or both, in the discretion of the court.

Section 1810. Violation of Oath of Office by Election

Officers.--Any judge of election, inspector of election, clerk

of election, or machine inspector who shall wilfully violate any

of the provisions of his oath of office, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment not exceeding

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 1811. Peace Officers; Failure to Render Assistance;

Hindering or Delaying County Board Members and Others.--Any

sheriff, deputy sheriff, constable, deputy constable, police or

other peace officer, who shall fail upon demand of any member of

a county board of elections, judge or inspector of election, or

overseer to render such aid and assistance to him as he shall

request in the maintenance of peace and in the making of

arrests, as herein provided, or who shall wilfully hinder or

delay or attempt to hinder or delay any member of a county

A06851 - 50 -

board, judge or inspector of election, or overseer in the

performance of any duty under this act, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [five hundred ($500)] one thousand

($1,000) dollars, or to undergo an imprisonment of not less than

[three (3)] six (6) months nor more than [two (2)] four (4)

years, or both, in the discretion of the court.

Section 1812. Nomination Petitions and Papers; Offenses by

Signers.--If any person shall knowingly and wilfully sign any

nomination petition or nomination paper, without having the

qualifications prescribed by this act, or if any person shall

set opposite a signature on a nomination petition or paper, a

date other than the actual date such signature was affixed

thereto, or if any person shall set opposite the signature on a

nomination petition or nomination paper, a false statement of

the signer's place of residence or occupation, or if any person

shall sign more nomination petitions or nomination papers than

permitted by the provisions of this act, he shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one hundred ($100)] two hundred ($200)

dollars, or to undergo an imprisonment of not less than [three

(3)] six (6) months nor more than [two (2)] four (4) years, or

both, at the discretion of the court.

Section 1813. False Signatures and Statements in Nomination

Petitions and Papers.--If any person shall knowingly make a

false statement in any affidavit required by the provisions of

this act, to be appended to or to accompany a nomination

petition or a nomination paper, or if any person shall

fraudulently sign any name not his own to any nomination

petition or nomination paper, or if any person shall

A06851 - 51 -

fraudulently alter any nomination petition or nomination paper

without the consent of the signers, he shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [five hundred ($500)] one thousand

($1,000) dollars, or to undergo imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 1814. Nomination Petitions; Certificates and Papers;

Destruction; Fraudulent Filing; Suppression.--Any person who

shall falsely make any nomination certificate or who shall

wilfully deface or destroy any nomination petition, nomination

certificate or nomination paper, or any part thereof, or any

letter of withdrawal, or who shall file any nomination petition,

nomination certificate or nomination paper or letter of

withdrawal knowing the same, or any part thereof, to be falsely

made, or who shall suppress any nomination petition, nomination

certificate or nomination paper, or any part thereof, which has

been duly filed, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1815. Offenses by Printers of Ballots.--Any printer

employed by any county board of elections to print any official

ballots, or any person engaged in printing the same who shall

appropriate to himself or give or deliver or knowingly permit to

be taken any of said ballots by any other person than such

county board of election or their duly authorized agent, or who

shall wilfully print or cause to be printed any official ballot

in any form other than that prescribed by such county board or

A06851 - 52 -

with any other names or printing, or with the names spelled

otherwise than as directed by them or the names or printing

thereon arranged in any other way than that authorized and

directed by this act, shall be guilty of a misdemeanor, and,

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

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not less than [six (6) months]

one (1) year nor more than [five (5)] ten (10) years, or both,

in the discretion of the court.

Section 1816. Unlawful Possession of Ballots; Counterfeiting

Ballots.--Any person other than an officer charged by law with

the care of ballots, or a person entrusted by any such officer

with the care of the same for a purpose required by law, who

shall have in his possession outside the polling place any

official ballot, or any person who shall make or have in his

possession any counterfeit of an official ballot, shall be

guilty of a misdemeanor of the second degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [five thousand ($5,000)] ten thousand ($10,000)

dollars, or to undergo an imprisonment of not more than [two

(2)] four (4) years, or both, in the discretion of the court.

Section 1817. Forging and Destroying Ballots.--Any person

who shall forge or falsely make the official endorsement on any

ballot or wilfully destroy or deface any ballot or wilfully

delay the delivery of any ballots shall be guilty of a

misdemeanor of the second degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [five thousand

($5,000)] ten thousand ($10,000) dollars, or to undergo an

imprisonment of not more than [two (2)] four (4) years, or both,

in the discretion of the court.

A06851 - 53 -

Section 1818. Tampering with Voting Machines.--Any election

officer or other person who shall unlawfully open or who shall

tamper with or injure or attempt to injure any voting machine to

be used or being used at any primary or election, or who shall

prevent or attempt to prevent the correct operation of such

machine, or any unauthorized person who shall make or have in

his possession a key to a voting machine to be used or being

used in any primary or election, shall be guilty of a

misdemeanor of the second degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [five thousand

($5,000)] ten thousand ($10,000) dollars, or to undergo an

imprisonment of not more than [two (2)] four (4) years, or both,

in the discretion of the court.

Section 1819. Destroying, Defacing or Removing Notices, Et

Cetera.--Any person who shall, prior to any primary or election,

wilfully deface, remove or destroy any notice or list of

candidates posted in accordance with the provisions of this act,

or who, during any primary or election, shall wilfully deface,

tear down, remove or destroy any card of instructions, notice of

penalties, specimen ballot or diagram printed or posted for the

instruction of electors, or who shall, during any primary or

election, wilfully remove or destroy any of the supplies or

conveniences furnished by the county board of elections to any

polling place in order to enable electors to vote, or the

election officers to perform their duties, or who shall wilfully

hinder the voting of others, shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [one hundred ($100)] two hundred ($200) dollars,

or to undergo an imprisonment of not more than [three (3)] six

(6) months, or both, in the discretion of the court.

A06851 - 54 -

Section 1820. Police Officers at Polling Places.--Any police

officer in commission, whether in uniform or in citizen's

clothes, who shall be within one hundred (100) feet of a polling

place during the conduct of any primary or election, except in

the exercise of his privilege of voting or for the purpose of

serving warrants, or in accordance with the provisions of the

exception set forth in section 1207 of this act where the police

station or headquarters is located in the same building or on

the premises where the polling place is located or unless called

upon to preserve the peace, as provided by this act, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five hundred ($500)] one

thousand ($1,000) dollars, or to undergo an imprisonment of not

more than [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1821. Peace Officer; Failure to Quell Disturbances

at Polls; Hindering or Delaying Election Officers and Others.--

Any mayor, chief burgess, sheriff, deputy sheriff, constable,

deputy constable, police officer or other peace officer who

shall neglect or refuse to clear an avenue to the door of any

polling place which is obstructed in such a way as to prevent

electors from approaching, or who shall neglect or refuse to

maintain order and quell any disturbance if such arises at any

polling place upon the day of any primary or election, when

called upon so to do by any election officer or any three

qualified electors of the election district, or who shall

wilfully hinder or delay, or attempt to hinder or delay, any

judge, inspector or clerk of election, machine inspector or

overseer in the performance of any duty under this act, shall be

guilty of a misdemeanor in office, and, upon conviction thereof,

A06851 - 55 -

shall be sentenced to pay a fine not exceeding [one thousand

($1,000)] two thousand ($2,000) dollars, or to undergo an

imprisonment of not more than [one (1) year] two (2) years, or

both, in the discretion of the court.

Section 1823. Election Officers Permitting Unregistered

Electors to Vote; Challenges; Refusing to Permit Qualified

Electors to Vote.--Any judge or inspector of election who

permits any person to vote at any primary or election who is not

registered in accordance with law, except a person in actual

military service or a person as to whom a court of competent

jurisdiction has ordered that he shall be permitted to vote, or

who permits any registered elector to vote knowing that such

registered elector is not qualified to vote, whether or not such

person has been challenged, or who permits any person who has

been lawfully challenged to vote at any primary or election

without requiring the proof of the right of such person to vote

which is required by law, or who refuses to permit any duly

registered and qualified elector to vote at any primary or

election, with the knowledge that such elector is entitled to

vote, shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, and to undergo an imprisonment of not more than [seven

(7)] fourteen (14) years, or both.

Section 1824. Election Officers Refusing to Permit Elector

to Vote in Proper Party at Primaries.--Any judge, inspector or

clerk of election who refuses to permit an elector at any

primary at which ballots are used to receive the ballot of the

party with which he is enrolled, or who gives to any such

elector the ballot of any party in which he is not enrolled, or

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any judge, or inspector of election, or machine inspector who,

at any primary at which voting machines are used, adjusts any

voting machine about to be used by an elector so as not to

permit him to vote for the candidates of the party in which he

is enrolled, or so as to permit him to vote for the candidates

of any party in which he is not enrolled, shall be guilty of a

misdemeanor of the first degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [ten thousand

($10,000)] twenty thousand ($20,000) dollars, or to undergo an

imprisonment of not more than [five (5)] ten (10) years, or

both, in the discretion of the court.

Section 1825. Frauds by Election Officers.--Any judge,

inspector or clerk of election or machine inspector who shall be

guilty of any wilful fraud in the conduct of his duties at a

primary or election, and any person who shall make a false

return of the votes cast at any primary or election, or who

shall deposit fraudulent ballots in the ballot box or certify as

correct a return of ballots in the ballot box which he knows to

be fraudulent, or who shall register fraudulent votes upon any

voting machine or certify as correct a return of votes cast upon

any voting machine which he knows to be fraudulently registered

thereon, or who shall make any false entries in the district

the voter's certificate of any elector actually voting at any

primary or election, or who shall fail to record voting

information as required herein, or who shall fail to insert in

the numbered lists of voters the name of any person actually

voting, or who shall wilfully destroy or alter any ballot,

voter's certificate, or registration card contained in any

district register, or who shall wilfully tamper with any voting

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machine, or who shall prepare or insert in the voting check list

any false voter's certificates not prepared by or for an elector

actually voting at such primary or election, for the purpose of

concealing the destruction or removal of any voter's

certificate, or for the purpose of concealing the deposit of

fraudulent ballots in the ballot box, or the registering of

fraudulent votes upon any voting machine or of aiding in the

perpetration of any such fraud, or who shall fail to return to

the county board of election following any primary or election

any keys of a voting machine, ballot box, general or duplicate

return sheet, tally paper, oaths of election officers,

affidavits of electors and others, record of assisted voters,

numbered list of voters, district register, voting check list,

unused, spoiled and cancelled ballots, ballots deposited,

written or affixed in or upon a voting machine, or any

certificate, or any other paper or record required to be

returned under the provisions of this act; or who shall conspire

with others to commit any of the offenses herein mentioned, or

in any manner to prevent a free and fair primary or election,

shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, or to undergo an imprisonment of not more than [seven

(7)] fourteen (14) years, or both, in the discretion of the

court.

Section 1827. Interference with Primaries and Elections;

Frauds; Conspiracy.--If any person shall prevent or attempt to

prevent any election officers from holding any primary or

election, under the provisions of this act, or shall use or

threaten any violence to any such officer; or shall interrupt or

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improperly interfere with him in the execution of his duty; or

shall block up or attempt to block up the avenue to the door of

any polling place; or shall use or practice any intimidation,

threats, force or violence with design to influence unduly or

overawe any elector, or to prevent him from voting or restrain

his freedom of choice; or shall prepare or present to any

election officer a fraudulent voter's certificate not signed in

the polling place by the elector whose certificate it purports

to be; or shall deposit fraudulent ballots in the ballot box; or

shall register fraudulent votes upon any voting machine; or

shall tamper with any district register, voting check list,

numbered lists of voters, ballot box or voting machine; or shall

conspire with others to commit any of the offenses herein

mentioned, or in any manner to prevent a free and fair primary

or election, he shall be guilty of a felony of the third degree,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [fifteen thousand ($15,000)] twenty thousand

($20,000) dollars, or to undergo an imprisonment of not more

than [seven (7)] fourteen (14) years, or both, in the discretion

of the court.

Section 1828. Persons Interfering in Other Districts.--Any

person who shall on the day of any primary or election visit any

polling place at which he is not entitled to vote and at which

he is not entitled to be present under any provision of this

act, and shall use any intimidation or violence for the purpose

of preventing any election officer from performing the duties

required of him by this act, or for the purpose of preventing

any qualified elector from exercising his right to vote or from

exercising his right to challenge any person offering to vote,

or for the purpose of influencing the vote of any elector, he

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shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, or to undergo an imprisonment of not more than [seven

(7)] fourteen (14) years, or both, in the discretion of the

court.

Section 1829. Assault and Battery at Polls.--Any person who

shall unlawfully strike, wound or commit an assault and battery

upon the person of any elector at or near the polling place

during the time of any primary or election shall be guilty of a

misdemeanor of the first degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [ten thousand

($10,000)] twenty thousand ($20,000) dollars, or to undergo an

imprisonment of not more than [five (5)] ten (10) years, or

both, in the discretion of the court.

Section 1830. Unlawful Assistance in Voting.--Any elector at

any primary or election who shall allow his ballot or the face

of the voting machine voted by him to be seen by any person with

the apparent intention of letting it be known how he is about to

vote; or in districts in which ballots are used, shall cast or

attempt to cast any other than the official ballot which has

been given to him by the proper election officer; or who,

without having made the declaration under oath or affirmation

required by section 1218 of this act, or when the disability

which he declared before any registration commission no longer

exists, shall permit another to accompany him into the voting

compartment or voting machine booth, or to mark his ballot or

prepare the voting machine for voting by him; or who shall mark

his ballot or prepare the voting machine for voting while

another is unlawfully present in the voting machine compartment

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or voting machine booth with him; or who shall state falsely to

any election officer that because of illiteracy he is unable to

read the names on the ballot or ballot labels or that by reason

of physical disability he cannot see or mark the ballot or enter

the voting compartment without assistance or that he cannot see

or operate the voting machine or enter the voting machine booth

without assistance; or who shall state, as his reason for

requiring assistance, a disability from which he does not

suffer; or any person who shall go into the voting compartment

or voting machine booth with another while voting or be present

therein while another is voting, or mark the ballot of another

or prepare the voting machine for voting with another, except in

strict accordance with the provisions of this act; or any person

who shall interfere with any elector when inside the enclosed

space or when marking his ballot, or preparing the voting

machine for voting, or who shall endeavor to induce any elector

before depositing his ballot to show how he marks or has marked

his ballot; or any person giving assistance who shall attempt to

influence the vote of the elector whom he is assisting or who

shall mark a ballot or prepare a voting machine for voting in

any other way than that requested by the voter whom he is

assisting, or who shall disclose to anyone the contents of any

ballot which has been marked or any voting machine which has

been prepared for voting with his assistance, except when

required to do so in any legal proceeding, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

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Section 1831. Election Officers Permitting Unlawful

Assistance.--Any election officer who shall permit a voter to be

accompanied by another into the voting compartment or voting

machine booth when the registration card of such person contains

no declaration that such person requires assistance, or when

such person has not made, under oath or affirmation, the

statement required by section 1218 of this act, or when such

election officer knows that the disability which the elector

declared before any registration commission no longer exists, or

who shall permit any person to accompany an elector into the

voting compartment or voting machine booth, except as provided

by this act, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1832. Failure to Keep and Return Record of Assisted

Voters.--Any judge of election who shall fail to record, as

required by section 1218 (c) of this act, the name of each

elector who received assistance or who is accompanied by another

into the voting compartment or voting machine booth; or who

shall insert in the record of assisted voters the name of any

elector who does not receive assistance or is not accompanied by

another into the voting compartment or voting machine booth; or

who shall fail to record the exact disability of any assisted

elector which makes the assistance necessary, or shall record in

respect of any assisted elector a disability, other than that

stated by the elector; or who shall fail to record the name of

each person rendering assistance to an elector as prescribed by

this act; or who shall knowingly record as the name of such

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person giving assistance a name which is not the name of such

person; or who shall fail or neglect to return the record of

assisted voters to the county board of elections as required by

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [two (2)] four (4) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1833. Unlawful Voting.--Any person who votes or

attempts to vote at any primary or election, knowing that he

does not possess all the qualifications of an elector at such

primary or election, as set forth in this act, shall be guilty

of a misdemeanor of the first degree, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [ten

thousand ($10,000)] twenty thousand ($20,000) dollars, or to

undergo an imprisonment of not more than [five (5)] ten (10)

years, or both, in the discretion of the court.

Section 1834. Elector Voting Ballot of Wrong Party at

Primary.--Any elector who shall wilfully vote at any primary the

ballot of a party in which he is not enrolled, in violation of

the provisions of this act, shall be guilty of a misdemeanor of

the second degree, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five thousand ($5,000)]

ten thousand ($10,000) dollars, or to undergo an imprisonment of

not more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1835. Repeat Voting at Elections.--If any person

shall vote in more than one election district, or otherwise

fraudulently vote more than once at the same primary or

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election, or shall vote a ballot other than the ballot issued to

him by the election officers, or shall advise or procure another

so to do, he shall be guilty of a felony of the third degree,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [fifteen thousand ($15,000)] thirty thousand

($30,000) dollars, or to undergo an imprisonment of not more

than [seven (7)] fourteen (14) years, or both, in the discretion

of the court.

Section 1836. Removing Ballots.--Any person removing any

ballot from any book of official ballots, except in the manner

provided by this act, shall be guilty of a misdemeanor of the

second degree, and, upon conviction thereof, shall be sentenced

to pay a fine not exceeding [five thousand ($5,000)] ten

thousand ($10,000) dollars, or to undergo an imprisonment of not

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1837. Commissioners to Take Soldiers' Votes.--Any

commissioner appointed by or under the provisions of Article

XIII of this act who shall knowingly violate his duty or

knowingly omit or fail to do his duty thereunder or violate any

part of his oath, shall be guilty of perjury, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1838. Fraudulent Voting by Soldiers.--Any person who

shall vote or attempt to vote at any election by electors in

military service under the provisions of Article XIII of this

act, not being qualified to vote at such election, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

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sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment of

not more than [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1839. Bribery at Elections.--Any person who shall,

directly or indirectly, give or promise or offer to give any

gift or reward in money, goods or other valuable thing to any

person, with intent to induce him to vote or refrain from voting

for any particular candidate or candidates or for or against any

constitutional amendment or other question at any primary or

election; or who shall, directly or indirectly, procure for or

offer or promise to procure for such person any such gift or

reward with the intent aforesaid; or, who with the intent to

influence or intimidate such person to give his vote or to

refrain from giving his vote for any particular candidate or

candidates or for or against any constitutional amendment or

other question at any primary or election, shall give to or

obtain for or assist in obtaining for or offer or promise to

give to or obtain for or assist in obtaining for such person any

office, place, appointment or employment, public or private, or

threaten such person with dismissal or discharge from any

office, place, appointment or employment, public or private,

then held by him, shall be guilty of a felony of the third

degree, and, upon conviction thereof, shall be sentenced to pay

a fine not exceeding [fifteen thousand ($15,000)] thirty

thousand ($30,000) dollars, or to undergo an imprisonment of not

more than [seven (7)] fourteen (14) years, or both, in the

discretion of the court.

Section 1840. Receipts and Disbursements of Primary and

Election Expenses by Persons Other Than Candidates and

A06851 - 65 -

Treasurers.--Any member of a political committee who shall

receive or disburse any money or incur any liability for primary

or election expenses, except through the treasurer of such

political committee, and any person not a candidate or member of

a political committee who shall receive or disburse any money or

incur any liability for primary or election expenses, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment of

not less than [one (1) month] two (2) months nor more than [two

(2)] four (4) years, or both, in the discretion of the court.

Section 1841. Receipts of Primary and Election Expenses by

Unauthorized Persons.--Any person or any political committee who

receives money on behalf of any candidate without being

authorized to do so under the provisions of section 1623, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding [five thousand dollars

($5,000)] ten thousand dollars ($10,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1843. Contributions by Corporations or

Unincorporated Associations.--Any corporation or unincorporated

association, which shall pay, give or lend or agree to pay, give

or lend any money belonging to such corporation or

unincorporated association or in its custody or control, in

violation of the provisions of section 1633, shall be guilty of

a misdemeanor, and, upon conviction thereof, shall be sentenced

to pay a fine of not less than [one thousand dollars ($1,000)]

two thousand dollars ($2,000) nor more than [ten thousand

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dollars ($10,000)] twenty thousand dollars ($20,000). Any

director, officer, agent or employe of any corporation or

unincorporated association who shall on behalf of such

corporation or unincorporated association pay, give or lend or

authorize to be paid, given or lent any money belonging to such

corporation or unincorporated association or in its custody or

control in violation of the provisions of section 1633, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [ten thousand dollars

($10,000)] twenty thousand dollars ($20,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1845. Failure to File Expense Account.--Any

candidate or treasurer of a political committee or person acting

as such treasurer who shall fail to file an account of primary

or election expenses, as required by this act, shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five thousand dollars

($5,000)] ten thousand dollars ($10,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1847. Prohibiting Duress and Intimidation of Voters

and Interference with the Free Exercise of the Elective

Franchise.--Any person or corporation who, directly or

indirectly--(a) uses or threatens to use any force, violence or

restraint, or inflicts or threatens to inflict any injury,

damage, harm or loss, or in any other manner practices

intimidation or coercion upon or against any person, in order to

A06851 - 67 -

induce or compel such person to vote or refrain from voting at

any election, or to vote or refrain from voting for or against

any particular person, or for or against any question submitted

to voters at such election, or to place or cause to be placed or

refrain from placing or causing to be placed his name upon a

refrained from voting at such election, or having voted or

refrained from voting for or against any particular person or

persons or for or against any question submitted to voters at

such election, or having registered or refrained from

registering as a voter; or (b) by abduction, duress or coercion,

or any forcible or fraudulent device or contrivance, whatever,

impedes, prevents, or otherwise interferes with the free

exercise of the elective franchise by any voter, or compels,

induces, or prevails upon any voter to give or refrain from

giving his vote for or against any particular person at any

election; or (c) being an employer, pays his employes the salary

or wages due in "pay envelopes" upon which or in which there is

written or printed any political motto, device, statement or

argument containing threats, express or implied, intended or

calculated to influence the political opinions or actions of

such employes, or within ninety days of any election or primary

puts or otherwise exhibits in the establishment or place where

his employes are engaged in labor, any handbill or placard

containing any threat, notice, or information that if any

particular ticket or candidate is elected or defeated work in

his place or establishment will cease, in whole or in part, his

establishment be closed up, or the wages of his employes

reduced, or other threats, express or implied, intended or

calculated to influence the political opinions or actions of his

A06851 - 68 -

employes, shall be guilty of a misdemeanor of the second degree.

Any person or corporation, convicted of a violation of any of

the provisions of this section, shall be sentenced to pay a fine

not exceeding [five thousand ($5,000)] ten thousand ($10,000)

dollars, or such person or the officers, directors or agents of

such corporation responsible for the violation of this section,

shall be sentenced to undergo an imprisonment of not more than

[two (2)] four (4) years, or both, in the discretion of the

court.

Section 1848. Failure to Perform Duty.--Any Secretary of the

Commonwealth, member of a county board of elections, chief

clerk, employe, overseer, judge of election, inspector of

election, clerk of election, machine inspector or custodian or

deputy custodian of voting machines on whom a duty is laid by

this act who shall wilfully neglect or refuse to perform his

duty, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not more than [two (2)] four (4) years, or

both, in the discretion of the court.

Section 1849. Hindering or Delaying Performance of Duty.--

Any person who intentionally interferes with, hinders or delays

or attempts to interfere with, hinder or delay any other person

in the performance of any act or duty authorized or imposed by

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [five

hundred ($500)] one thousand ($1,000) dollars, or to undergo an

imprisonment of not more than [one (1) year] two (2) years, or

both, in the discretion of the court.

Section 1850. Violation of Any Provision of Act.--Any person

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who shall violate any of the provisions of this act, for which a

penalty is not herein specifically provided, shall be guilty of

a misdemeanor, and, upon conviction thereof, shall be sentenced

to pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 17. 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 disclose results of a

pre-canvassing meeting under section 1308(g)(1.1), 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)]

five thousand dollars ($5,000), or be imprisoned for a term not

exceeding [two (2)] four (4) 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

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in accordance with the provisions of Article XIII or Article

XIII-D of this act, or shall disclose results of a pre-

canvassing meeting under section 1308(g)(1.1), 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 other than a

provisional ballot at a polling place knowing that there has

been issued to the elector an absentee ballot or mail-in ballot,

the [elector] individual 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)] thirty

thousand dollars ($30,000), or be imprisoned for a term not

exceeding [seven (7)] fourteen (14) years, or both, at the

discretion of the court.

Section 18. This act shall take effect immediately.

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