Trial Engrossment of Amendment A04021 to Senate Bill 1200 P.N. 1576, Regular Session 2021-2022

CORRECTIVE REPRINT

A04021

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1200

Session of

2022

INTRODUCED BY DUSH, AUMENT, K. WARD, CORMAN, PHILLIPS-HILL,

ROBINSON, BROOKS, HUTCHINSON, STEFANO, GORDNER, MARTIN,

ARGALL, J. WARD, BROWNE, BAKER, GEBHARD, BARTOLOTTA, MENSCH,

YAW, SCAVELLO, REGAN, PITTMAN, YUDICHAK, LAUGHLIN, VOGEL,

MASTRIANO AND LANGERHOLC, APRIL 9, 2022

REFERRED TO STATE GOVERNMENT, APRIL 9, 2022

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 preliminary provisions, providing for public

funding of post-election procedures and audits; in county

boards of elections, further providing for expenses of county

boards and of primaries and elections to be paid by county,

expenses of special elections and boards to be provided with

offices; in voting by qualified absentee electors, further

providing for date of application for absentee ballot and for

voting by absentee electors; and, in voting by qualified

mail-in electors, further providing for voting by mail-in

electors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 305(b) and 1302.1(a.3)(4) and (6) of the

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

Pennsylvania Election Code, are amended to read:

Section 1. The act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, is amended by adding a

section to read:

Section 107. Public Funding of Post-election Procedures and

Audits.--(a) The cost and expense to State and local

governments relating to any post-election procedures and audits

of elections in this Commonwealth, including the examination or

counting of ballots or the examination or inspection of voting

apparatuses or related electronic security equipment, shall be

funded only upon lawful appropriation of the Federal, State and

local governments, and the source of funding shall be limited to

money derived from taxes, fees and other sources of public

revenue.

(b) State and local governments, including their public

officers, public officials, employees and agents, may not

solicit, apply for, enter into a contract for or receive or

expend gifts, donations, grants or funding from any individual,

business, organization, trust, foundation, or any

nongovernmental entity for any post-election procedures and

audits of elections in this Commonwealth, including the

examination or counting of ballots or the examination or

inspection of voting apparatuses or related electronic security

equipment.

collection of fees authorized by law or to the donation or use

of:

(1) services that are provided without remuneration; or

(2) goods that have a nominal value of less than one hundred

($100) dollars.

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(d) A person who violates this section commits a felony of

the second degree.

Section 2. Sections 305(b) and 1302.1(a.3)(4) and (6) of the

act are amended to read:

Section 305. Expenses of County Boards and of Primaries and

Elections to Be Paid by County; Expenses of Special Elections;

Boards to Be Provided with Offices.--

* * *

(b) The county commissioners or other appropriating

authorities of the county shall provide the county board with a

suitable and adequate [offices] primary office at the county

seat, properly furnished for keeping its records, holding its

public sessions and otherwise performing its public duties, and

shall also provide such branch offices for the board in cities

other than the county seat, as may be necessary.

* * *

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

* *

(a.3) * * *

(4) If the elector is unable to appear at the office of the

county board of elections to receive the ballot, the board shall

give the elector's absentee ballot to an authorized

representative of the elector who is designated in writing by

the elector. The authorized representative shall deliver the

absentee ballot to the elector and return the completed absentee

ballot, sealed in the official absentee ballot envelopes, to an

employe at the primary office of the county board of elections

located in the county seat under section 305(b), which shall

retain the ballot, unopened, until the canvassing of all

absentee ballots.

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* * *

(6) If the elector is unable to appear at the office of the

county board of elections or unable to obtain assistance from an

authorized representative, the county board may provide an

authorized representative or ask the judge of the court of

common pleas in the county in which the elector is qualified to

vote to direct a deputy sheriff of the county to deliver the

absentee ballot to the elector if the elector is at a physical

location within the county and return the completed absentee

ballot, sealed in the official absentee ballot envelopes, to an

employe at the primary office of the county board of elections

located in the county seat under section 305(b). If there is no

authorized representative and a deputy sheriff is unavailable to

deliver an absentee ballot under this section, the judge may

direct a constable to make such delivery in accordance with the

provisions of this section.

* * *

Section 2 3. Sections 1306(a) introductory paragraph and

1306-D(a) of the act, amended March 27, 2020 (P.L.41, No.12),

are amended 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

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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 an employe of said county board of election at the

primary office located in the county seat under section 305(b).

* * *

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 an employee of said county board of election at the primary

office located in the county seat under section 305(b).

* * *

Section 3. This act shall take effect immediately.

Section 4. This act shall take effect as follows:

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(1) The addition of section 107 of the act shall take

effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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