Trial Engrossment of Amendment A01954 to Senate Bill 0735 P.N. 0899, Regular Session 2021-2022

PRIOR PASSAGE - NONE

A01954

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

735

Session of

2021

INTRODUCED BY J. WARD, MASTRIANO, ARGALL, BARTOLOTTA, MARTIN,

YAW, HUTCHINSON, PHILLIPS-HILL, STEFANO, MENSCH, PITTMAN,

BAKER, AUMENT AND SCAVELLO, JUNE 11, 2021

SENATOR ARGALL, STATE GOVERNMENT, AS AMENDED, JUNE 15, 2021

A JOINT RESOLUTION

Proposing an amendment separate and distinct amendments to the

Constitution of the Commonwealth of Pennsylvania, further

providing for qualifications of electors and for method of

elections and secrecy in voting.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following amendment separate and distinct

amendments to the Constitution of Pennsylvania is are proposed

in accordance with Article XI:

(1) That section 1 of Article VII be amended to read:

§ 1. Qualifications of electors.

(a) Every citizen 21 years of age, possessing the following

qualifications, shall be entitled to vote at all elections

subject, however, to such laws requiring and regulating the

registration of electors as the General Assembly may enact.

1. He or she shall have been a citizen of the United States

at least one month.

2. He or she shall have resided in the State 90 days

immediately preceding the election.

3. He or she shall have resided in the election district

where he or she shall offer to vote at least 60 days immediately

preceding the election, except that if qualified to vote in an

election district prior to removal of residence, he or she may,

if a resident of Pennsylvania, vote in the election district

from which he or she removed his or her residence within 60 days

preceding the election.

(b) (1) In addition to the qualifications under subsection

(a), a qualified elector shall provide identification at each

election by:

(i) presenting valid identification before receiving a

ballot to vote in person; or

(ii) enclosing a copy of valid identification with his or

her ballot to vote by absentee or mail-in ballot.

(2) The types of valid identification that a person may

provide to comply with this subsection shall be provided for by

law.

(B) IN ADDITION TO THE QUALIFICATIONS UNDER SUBSECTION (A)

OF THIS SECTION, A QUALIFIED ELECTOR SHALL PROVIDE A VALID

IDENTIFICATION AT EACH ELECTION IN ACCORDANCE WITH THE

FOLLOWING:

1. WHEN VOTING IN PERSON, THE QUALIFIED ELECTOR SHALL

P RESENT A VALID IDENTIFICATION BEFORE RECEIVING A BALLOT TO VOTE

IN PERSON.

2. WHEN NOT VOTING IN PERSON, THE QUALIFIED ELECTOR SHALL

PROVIDE A COPY OF A VALID IDENTIFICATION WITH HIS OR HER BALLOT.

IDENTIFICATIONS NECESSARY FOR A QUALIFIED ELECTOR TO COMPLY WITH

A01954 - 2 -

SUBSECTION (B), VALID IDENTIFICATIONS SHALL INCLUDE, BUT NOT BE

LIMITED TO, A VALID GOVERNMENT-ISSUED IDENTIFICATION.

Section 2. (a) Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b) Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.

(2) That section 4 of Article VII be amended to read:

§ 4. Method of elections; secrecy in voting.

(a) All elections by the citizens shall be by mail-in or

absentee ballot or by such other method as may be prescribed by

law: Provided, That secrecy in voting be preserved.

A01954 - 3 -

(b) All voting in elections held on or after two years

following the adoption of this Constitutional amendment shall be

conducted only by mail-in and absentee ballot. The General

Assembly shall, within one year following the adoption of this

amendments, enact legislation establishing the procedure for

voting only by mail and absentee ballot, subject to the

following:

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

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

election, mailing by nonforwardable mail, postage prepaid, of an

official mail-in ballot to every qualified registered elector in

the county to the elector's voter registration address shall

commence, if the elector has not lost the elector's voting

rights by failure to vote as otherwise required under this

paragraph.

(2) If the elector does not receive daily mail service from

the United States Postal Service, mailing by nonforwardable

mail, postage prepaid, of an official mail-in ballot shall

commence not sooner than 20 days prior to the date of the

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

election.

(3) For an official ballot to be mailed to addresses outside

this Commonwealth to electors who are not military or overseas

electors, the official ballots may be mailed not sooner than 29

days prior to the date of the election.

(4) If a registered elector modifies or changes the

elector's registration after the deadline for registration

provided by law, the mail-in ballot shall be made available by

nonforwardable mail, at a local board of elections or at another

place designated by law.

A01954 - 4 -

(5) For a qualified registered elector who is absent from

the elector's voter registration address by a reason enumerated

by law and unable to retrieve the elector's official mail-in

ballot from that address prior to the election, the elector may

submit an application for an official absentee ballot as

provided by law, which must be received no later than the

deadline provided by law.

(6) For a primary election:

(i) The official mail-in ballot of a party shall be mailed

to each qualified registered elector who is duly registered and

enrolled as a member of a party.

(ii) For a qualified registered elector with no party

affiliation, if the ballot for the primary election provides for

a measure or question, each registered elector shall be mailed a

mail-in ballot limited to those measures or questions for which

the registered elector is eligible to vote.

(7) Official ballots delivered or mailed under this

subsection shall be accompanied by the following warning

conspicuously placed in boldface type:

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

INFLUENCES AN ELECTOR TO VOTE IN ANY PARTICULAR MANNER OR TO

REFRAIN FROM VOTING IS SUBJECT TO CRIMINAL PENALTIES UPON

CONVICTION, INCLUDING IMPRISONMENT OR A FINE, OR BOTH.

(8) A ballot shall be counted only if:

(i) the ballot is returned in the envelope containing the

declaration of the elector;

(ii) the envelope containing the declaration of the elector

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

is issued; and

(iii) the signature on the envelope containing the

A01954 - 5 -

declaration of the elector is verified by comparing it to the

signature on the elector's registration card.

(9) If an elector to whom a replacement ballot has been

issued has voted more than once, only one ballot cast by that

elector shall be counted.

(10) A qualified registered elector may obtain a replacement

ballot if the ballot is destroyed, spoiled, lost or not received

by the elector. A record of each replacement ballot provided

under this paragraph shall be maintained. Notwithstanding the

deadline for mailing ballots under this section, a replacement

ballot may be mailed, made available at a local board of

elections or another location designated by law in the election

district in which the election is conducted. A replacement

ballot is not required to be mailed after the fifth day before

the date of the election. Replacement ballots shall be issued in

accordance with the following:

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

and sign a replacement ballot request form, which must include a

signed statement of the elector subject to the penalties for

perjury that the elector's mailed ballot was destroyed, spoiled,

lost or not received by the elector.

(ii) The elector's registration shall be verified, and it

shall be confirmed that the other ballot has not been returned

by the elector.

(iii) If the elector uses more than one, only the first

ballot received shall be counted.

(11) At any location where ballots are issued, at least

three suitable compartments, shelves or tables shall be provided

at which registered electors may mark and return their mail-in

or absentee ballots. The compartments, shelves or tables shall

A01954 - 6 -

be arranged in a manner as to ensure that the elector may

conveniently mark the ballot with absolute secrecy. The county

board shall also provide, at any location where ballots are

issued, compartments with accessible voting units, which shall

include any voting device that complies with Federal or State

law. The compartments, shelves or tables under this paragraph

shall be made available during the entire period of time ballots

are issued until the deadline for receipt of absentee and mail-

in ballots.

(12) No earlier than the seventh day prior to the date of

the election, t he counting, computing and tallying, but not

recording or publishing of mail-in and absentee ballots shall

commence. There shall be at least 48 hours' public notice of any

meeting at which the counting will occur. One authorized

representative of each candidate in an election and one

representative from each political party shall be permitted to

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

counted under this section. An individual observing, attending

or participating in the meeting may not disclose the results of

any portion of the meeting prior to the close of the polls.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Nonforwardable mail." Mail collected for delivery by the

United States Postal Service which cannot be forwarded or mailed

to an address other than the mailing address inscribed on the

materials mail, notwithstanding whether a change of address has

been received and processed by the United States Postal Service,

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

sender.

A01954 - 7 -

Section 3. (a) Upon the first passage by the General

Assembly of these proposed constitutional amendments, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of these proposed constitutional amendments.

(b) Upon the second passage by the General Assembly of these

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall:

(1) Submit the proposed constitutional amendments under

section 1(1) of this resolution to the qualified electors of

this Commonwealth as a separate ballot question at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of

Article XI of the Constitution of Pennsylvania and which

occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

(2) Submit the proposed constitutional amendments under

section 1(2) of this resolution to the qualified electors of

this Commonwealth as a separate ballot question at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of

A01954 - 8 -

Article XI of the Constitution of Pennsylvania and which

occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

A01954 - 9 -