Please wait while the document is loaded.

A00289
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
847
Session of
2023
INTRODUCED BY CONKLIN, APRIL 10, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 2023
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in preliminary provisions, further providing for
definitions; in voting by qualified absentee electors,
further providing for date of application for absentee
ballot, for approval of application for absentee ballot, for
envelopes for official absentee 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 date of application for mail-
in ballot, for envelopes for official mail-in ballots and for
voting by mail-in electors; and, in Election Integrity Grant
Program, further providing for funding for elections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302.1(a) and (a.3)(1) and (2) of the act
of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, are amended to read:
Section 1. Section 102(q.1) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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:
* * *
(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 preparation of those ballots for scanning,
including unfolding, straightening and duplicating if the ballot
is damaged in some way that prevents it from being scanned but
where the voter's intent is still clear. It shall also include
scanning the ballot into a voting machine or other automatic
tabulating device, if the equipment used by the county board of
elections permits a ballot to be scanned without tabulating or
counting the votes on the ballot scanned. The term does not
include the recording or publishing of the votes reflected on
the ballots.
* * *
Section 2. Section 1302.1(a) and (a.3)(1) and (2) of the act
are amended and the section is amended by adding a subsection 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] an 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
A00289 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] fourteenth eleventh 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] fourteenth
eleventh 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] fourteenth
eleventh 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] fourteenth
eleventh 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] fourteenth eleventh 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
A00289 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] fourteenth eleventh 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).
* * *
(e) In-person request for absentee ballot.--A qualified
elector may submit an application for an absentee ballot in
person at an office of the county board of elections not later
than five o'clock P.M. of the day prior to the day of a primary
or election and the following process shall apply:
(1) The county board of elections shall immediately
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.
(2) If the board is satisfied that the applicant is
qualified to receive an official absentee ballot, the
application shall be marked "approved."
(3) The elector shall receive an official absentee
ballot and the two envelopes for the official absentee
ballot.
(4) The absentee ballot shall be processed in accordance
with the other procedures outlined in this article.
Section 3. Sections 1302.2(c) and 1304 of the act are
A00289 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
amended to read:
Section 1302.2. Approval of Application for Absentee
Ballot.--
* * *
(c) The county board of elections, upon receipt of any
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]
eight days prior to the election: 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 application for an absentee
ballot.
* * *
Section 1304. Envelopes for Official Absentee Ballots.--
The county boards of election shall provide two additional
envelopes for each official absentee ballot of such size and
shape as shall be prescribed by the Secretary of the
Commonwealth, in order to permit the placing of one within the
A00289 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall
be printed, stamped or endorsed the words "Official Election
Ballot," and nothing else. On the larger of the two envelopes,
to be enclosed within the mailing envelope, shall be printed the
form of the declaration of the elector, and the name and address
of the county board of election of the proper county. The larger
envelope shall also contain information indicating the local
election district of the absentee voter. Said form of
declaration and envelope shall be as prescribed by the Secretary
of the Commonwealth and shall contain among other things a
statement of the electors qualifications, together with a
statement that such elector has not already voted in such
primary or election. The mailing envelope addressed to the
elector shall contain the two envelopes, the official absentee
ballot, lists of candidates, when authorized by section 1303
subsection (b) of this act, the uniform instructions in form and
substance as prescribed by the Secretary of the Commonwealth and
nothing else. Use of the inner envelope is at the discretion of
the voter. A failure to use the inner envelope shall not be an
acceptable reason for disqualifying the ballot.
Section 4. Section 1306 of the act is amended by adding a
subsection to read:
Section 1306. Voting by Absentee Electors.--* * *
(d) The date written on the envelope shall be the date the
elector has signed the declaration. Failure to date the envelope
or signing the envelope with a date that is not within the time
period between the date the ballot was received by the voter and
when it was received by the county board of election shall not
disqualify the ballot if the declaration is otherwise properly
A00289 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
executed.
Section 2 5. Section 1308(g)(1)(ii), (1.1), (2) and (3) of
the act are amended, paragraph (1) is amended by adding a
subparagraph and the subsection is amended by adding paragraphs
to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) (1) * * *
(ii) An absentee ballot cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
absentee ballot under section [1302(a.3)] 1302.1(a.3) or a mail-
in ballot cast by a mail-in elector shall be canvassed in
accordance with this subsection if the absentee ballot or mail-
in ballot is received in the office of the county board of
elections no later than eight o'clock P.M. on the day of the
primary or election.
(iii) For an absentee ballot or mail-in ballot that the
declaration of the elector is unsigned, the county board of
elections shall:
(A) Notify the elector by mail that the ballot will not be
counted unless action is taken by the elector within six days
following the closing of polls on election day. The county board
shall also attempt to notify the elector by email, telephone or
text message.
(B) Direct the elector to either appear before the Board of
Elections to execute an affirmation attesting, under penalty of
perjury, that the elector is the same individual who remitted
the absentee ballot or mail-in ballot, or to provide an
electronic, facsimile or paper copy of the affirmation to the
county board of elections.
A00289 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1.1) The county board of elections shall meet no earlier
than [seven o'clock A.M. on] seven (7) days prior to election
day to pre-canvass all ballots received prior to the meeting. 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. [One] In accordance with paragraph (1.2), one
authorized representative of each candidate in an election, one
authorized representative of the county chairperson of each
political party and one 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. 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.
(1.2) An authorized representative under paragraph (1.1)
shall be provided meaningful access to view and observe the
entire process of pre-canvassing or canvassing. A county board
of elections shall designate an official to respond to concerns
reported by an authorized representative. The Department of
State shall establish a procedure for an authorized
representative to report a concern arising from a pre-canvass
meeting and then investigate and report on the concern raised.
(1.3) A county board of elections shall record the pre-
canvassing and canvassing meetings with audio and visual
recordings. The recordings under this paragraph shall may be
stored as an encrypted file. The recording may be posted on the
county's publicly accessible Internet website in the encrypted
format. The password or encryption software may be distributed
as necessary.
A00289 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election and no later than
eight o'clock A.M. 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
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.
(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]:
(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
A00289 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 an absentee ballot or mail-in ballot that the
declaration of the elector is incomplete, unsigned , wrongly
dated or undated, notify the elector by mail, email, telephone
or text message that the elector's ballot is incomplete and will
not be counted unless action is taken by the elector prior to
the closing of polls on election day.
(iv) Place and seal an absentee ballot or mail-in ballot
that does not have a ballot envelope or has unidentifiable marks
on the envelope into an empty official election ballot envelope
and secure the envelope with the other removed official election
ballot envelopes to be tabulated.
(3.1) A county board of elections may use an automated
sorting or extracting machine to assist in the processing of
absentee ballots and mail-in ballots.
* * *
Section 3 5. Section 1302.1-D(a) of the act is amended and
the section is amended by adding a subsection 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,
A00289 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
received not later than five o'clock P.M. of the [first Tuesday]
fourteenth eleventh day prior to the day of any primary or
election.
* * *
(c) In-person request for mail-in ballot.--A qualified
elector may submit an application for a mail-in ballot in person
at the an office of the county board of elections not later than
five o'clock P.M. of the first Tuesday day prior to the day of a
primary or election and the following process shall apply:
(1) The county board of elections shall immediately
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.
(2) If the board is satisfied that the applicant is
qualified to receive an official mail-in ballot, the
application shall be marked "approved."
(3) The elector shall receive an official mail-in ballot
and the two envelopes for the official mail-in ballot.
(4) The mail-in ballot shall be processed in accordance
with the other procedures outlined in this article.
Section 6. Sections 1304-D and 1306-D of the act are amended
by adding subsections to read:
Section 1304-D. Envelopes for official mail-in ballots.
* * *
(e) Inner envelope.--Use of the inner envelope is at the
discretion of the voter. A failure to use the inner envelope
A00289 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall not be an acceptable reason for disqualifying the ballot.
Section 1306-D. Voting by mail-in electors.
* * *
(d) Date.--The date written on the envelope shall be the
date the elector has signed the declaration. Failure to date the
envelope or signing the envelope with a date that is not within
the time period between the date the ballot was received by the
voter and when it was received by the county board of election
shall not disqualify the ballot if the declaration is otherwise
properly executed.
Section 4 7. Section 1602-A(j)(1) of the act, added July 11,
2022 (P.L.1577, No.88), is amended to read:
Section 1602-A. Funding for elections.
* * *
(j) Grant agreement.--The grant agreement between the
department and the county under this section shall include the
following requirements for counties:
[(1) The county shall begin pre-canvassing at 7 a.m. on
election day and shall continue without interruption until
each mail-in ballot and absentee ballot received by 7 a.m. on
election day is pre-canvassed.]
* * *
Section 5 8. This act shall take effect in 60 days.
A00289 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23