PRINTER'S NO. 463
No. 443 Session of 1995
INTRODUCED BY DeLUCA, FLICK, PESCI, HERMAN, CLARK, TRELLO,
VAN HORNE, DONATUCCI, ROONEY, BOSCOLA, BELFANTI, JOSEPHS,
YOUNGBLOOD AND BATTISTO, JANUARY 31, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 31, 1995
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 the date of application for
12 certain absentee ballots.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1302.1 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 amended December 11, 1968 (P.L.1183, No.375), is amended to
18 read:
19 Section 1302.1. Date of Application for Absentee Ballot.--
20 (a) Applications for absentee ballots unless otherwise
21 specified shall be received in the office of the county board of
22 elections not earlier than fifty (50) days before the primary or
1 election and not later than five o'clock P.M. of the first
2 Tuesday prior to the day of any primary or election: Provided,
3 however, That in the event any elector otherwise qualified who
4 is so physically disabled or ill on or before the first Tuesday
5 prior to any primary or election that he is unable to file his
6 application or who becomes physically disabled or ill after the
7 first Tuesday prior to any primary or election and is unable to
8 appear at his polling place or any elector otherwise qualified
9 who because of the conduct of his business, duties or occupation
10 will necessarily be absent from the State or county of his
11 residence on the day of the primary or election, which fact was
12 not and could not reasonably be known to said elector on or
13 before the first Tuesday prior to any primary or election, shall
14 be entitled to an absentee ballot at any time prior to [five
15 o'clock P.M. on the first Friday] twelve o'clock noon on the
16 first Monday immediately preceding any primary or election upon
17 execution of an Emergency Application in such form prescribed by
18 the Secretary of the Commonwealth.
19 (b) In the case of an elector who is physically disabled or
20 ill on or before the first Tuesday prior to a primary or
21 election or becomes physically disabled or ill after the first
22 Tuesday prior to a primary or election, such Emergency
23 Application shall contain a supporting affidavit from his
24 attending physician stating that due to physical disability or
25 illness said elector was unable to apply for an absentee ballot
26 on or before the first Tuesday prior to the primary or election
27 or became physically disabled or ill after that period.
28 (c) In the case of an elector who is necessarily absent
29 because of the conduct of his business, duties or occupation
30 under the unforeseen circumstances specified in this subsection,
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1 such Emergency Application shall contain a supporting affidavit
2 from such elector stating that because of the conduct of his
3 business, duties or occupation said elector will necessarily be
4 absent from the State or county of his residence on the day of
5 the primary or election which fact was not and could not
6 reasonably be known to said elector on or before the first
7 Tuesday prior to the primary or election.
8 Section 2. This act shall take effect immediately.
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