PRINTER'S NO. 1690
No. 1385 Session of 1985
INTRODUCED BY DOMBROWSKI, VEON, OLIVER, YANDRISEVITS, BORTNER,
STABACK, TIGUE, BOWSER, BOYES, MERRY, ANGSTADT AND ARGALL,
JUNE 10, 1985
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 1985
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for absentee military ballots.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1302.1 of the act of June 3, 1937
15 (P.L.1333, No.320), known as the Pennsylvania Election Code,
16 amended December 11, 1968 (P.L.1183, No.375), is amended to
17 read:
18 Section 1302.1. Date of Application for Absentee Ballot.--
19 [Applications] (a) Except for absentee ballot applications
20 by military personnel and their dependents which may be received
21 up to seventy-five (75) days before the primary or election, all
22 other applications for absentee ballots unless otherwise
1 specified shall be received in the office of the county board of
2 elections not earlier than fifty (50) days before the primary or
3 election and not later than five o'clock P.M. of the first
4 Tuesday prior to the day of any primary or election: Provided,
5 however, That in the event any elector otherwise qualified who
6 is so physically disabled or ill on or before the first Tuesday
7 prior to any primary or election that he is unable to file his
8 application or who becomes physically disabled or ill after the
9 first Tuesday prior to any primary or election and is unable to
10 appear at his polling place or any elector otherwise qualified
11 who because of the conduct of his business, duties or occupation
12 will necessarily be absent from the State or county of his
13 residence on the day of the primary or election, which fact was
14 not and could not reasonably be known to said elector on or
15 before the first Tuesday prior to any primary or election, shall
16 be entitled to an absentee ballot at any time prior to five
17 o'clock P.M. on the first Friday preceding any primary or
18 election upon execution of an Emergency Application in such form
19 prescribed by the Secretary of the Commonwealth.
20 (b) In the case of an elector who is physically disabled or
21 ill on or before the first Tuesday prior to a primary or
22 election or becomes physically disabled or ill after the first
23 Tuesday prior to a primary or election, such Emergency
24 Application shall contain a supporting affidavit from his
25 attending physician stating that due to physical disability or
26 illness said elector was unable to apply for an absentee ballot
27 on or before the first Tuesday prior to the primary or election
28 or became physically disabled or ill after that period.
29 (c) In the case of an elector who is necessarily absent
30 because of the conduct of his business, duties or occupation
19850H1385B1690 - 2 -
1 under the unforeseen circumstances specified in this subsection,
2 such Emergency Application shall contain a supporting affidavit
3 from such elector stating that because of the conduct of his
4 business, duties or occupation said elector will necessarily be
5 absent from the State or county of his residence on the day of
6 the primary or election which fact was not and could not
7 reasonably be known to said elector on or before the first
8 Tuesday prior to the primary or election.
9 Section 2. Section 1305 of the act, amended August 13, 1963
10 (P.L.707, No.379), is amended to read:
11 Section 1305. Delivering or Mailing Ballots.--
12 (a) The county boards of election upon receipt of an
13 application filed by any elector qualified in accordance with
14 the provisions of section 1301, subsections (a) to (h),
15 inclusive, shall [as soon as possible] within forty-eight hours
16 after the respective district ballots are printed [and in no
17 event later than the second Tuesday prior to the day of the
18 primary or election] commence to deliver or mail official
19 absentee ballots to all such electors whose applications have
20 been approved; as additional applications of such electors are
21 received, the board shall deliver or mail official absentee
22 ballots to such additional electors within forty-eight hours
23 after approval of their application.
24 (b) The county board of elections upon receipt and approval
25 of an application filed by any elector qualified in accordance
26 with the provisions of section 1301, subsections (i) to (l),
27 inclusive, shall commence to deliver or mail official absentee
28 ballots on the second Tuesday prior to the primary or election.
29 As additional applications are received and approved, the board
30 shall deliver or mail official absentee ballots to such
19850H1385B1690 - 3 -
1 additional electors within forty-eight hours.
2 Section 3. This act shall take effect in 60 days.
C21L25RZ/19850H1385B1690 - 4 -