PRINTER'S NO. 171

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 153 Session of 1987


        INTRODUCED BY LLOYD, MRKONIC, TRELLO, WOGAN, STABACK, HALUSKA,
           OLASZ, BOOK, DeWEESE, CARLSON, PISTELLA, TIGUE, D. W. SNYDER,
           HERMAN, BARLEY, VROON, PHILLIPS, MICHLOVIC, WOZNIAK,
           SIRIANNI, E. Z. TAYLOR, FLICK, VEON, CAPPABIANCA, BOWSER,
           CAWLEY, NAHILL, HESS, ANGSTADT, TELEK AND SHOWERS,
           FEBRUARY 4, 1987

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 1987

                                     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," extending time limits for absentee balloting for
    12     armed forces personnel residing outside the United States.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 1305 of the act of June 3, 1937
    16  (P.L.1333, No.320), known as the Pennsylvania Election Code, is
    17  amended by adding a subsection to read:
    18     Section 1305.  Delivering or Mailing Ballots.--* * *
    19     (c)  Any qualified elector who is in the military service of
    20  the United States and who will be outside the United States on
    21  the day of a primary or election and any qualified elector who

     1  is a spouse or a dependent of a member of the military service
     2  of the United States who is residing with or accompanying such
     3  member and who will be outside the United States on the day of a
     4  primary or election shall be mailed absentee ballots not less
     5  than forty-five (45) days prior to the primary or election,
     6  provided that the board of electors, with the approval of the
     7  Secretary of the Commonwealth, may utilize a special absentee
     8  ballot for any such qualified elector if the official absentee
     9  ballot cannot be printed in time for mailing forty-five (45)
    10  days prior to such primary or election.
    11     Section 2.  Section 1308(a) of the act, amended December 11,
    12  1968 (P.L.1183, No.375), is amended to read:
    13     Section 1308.  Canvassing of Official Absentee Ballots.--
    14     (a)  The county boards of election, upon receipt of official
    15  absentee ballots in such envelopes, shall safely keep the same
    16  in sealed or locked containers until they distribute same to the
    17  appropriate local election districts in a manner prescribed by
    18  the Secretary of the Commonwealth.
    19     The county board of elections shall then distribute the
    20  absentee ballots, unopened, to the absentee voter's respective
    21  election district concurrently with the distribution of the
    22  other election supplies. Absentee ballots shall be canvassed
    23  immediately and continuously without interruption until
    24  completed after the close of the polls on the day of the
    25  election in each election district. The results of the canvass
    26  of the absentee ballots shall then be included in and returned
    27  to the county board with the returns of that district. No
    28  absentee ballot shall be counted which is received in the office
    29  of the county board of election later than five o'clock P. M. on
    30  the Friday immediately preceding the primary or November
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     1  election, except that an absentee ballot of any qualified
     2  elector who is in the military service of the United States and
     3  who was outside the United States on the day of a primary or
     4  election and any qualified elector who is a spouse or a
     5  dependent of a member of the military service of the United
     6  States who was residing with or accompanying such member and who
     7  was outside the United States on the day of a primary or
     8  election shall be counted if it is received on or before fifteen
     9  (15) days after the election date.
    10     * * *
    11     Section 3.  This act shall take effect in 60 days.













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