PRINTER'S NO. 2256

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1844 Session of 1995


        INTRODUCED BY FLEAGLE, EGOLF, MILLER, SAYLOR, BOSCOLA, SATHER,
           DiGIROLAMO, MELIO, WOGAN, PISTELLA, MERRY, SERAFINI, TRICH
           AND STEELMAN, JUNE 21, 1995

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 21, 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 absentee elector ballot
    12     violations.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 1853 of the act of June 3, 1937
    16  (P.L.1333, No.320), known as the Pennsylvania Election Code,
    17  amended August 13, 1963 (P.L.707, No.379), is amended to read:
    18     Section 1853.  Violations of Provisions Relating to Absentee
    19  Electors Ballots.--If any person shall sign an application for
    20  absentee ballot or declaration of elector on the forms
    21  prescribed knowing any matter declared therein to be false, or
    22  shall vote any ballot other than one properly issued to him, or


     1  vote or attempt to vote more than once in any election for which
     2  an absentee ballot shall have been issued to him, or shall make
     3  payment of or offer money or any valuable thing to any other
     4  person to solicit or distribute absentee ballot applications or
     5  official absentee ballots, or shall accept payment of money or
     6  any valuable thing to solicit or distribute absentee ballot
     7  applications or official absentee ballots, or shall violate any
     8  other provisions of Article XIII of this act, he shall be guilty
     9  of a misdemeanor, and, upon conviction, shall be sentenced to
    10  pay a fine not exceeding one thousand dollars ($1000), or be
    11  imprisoned for a term not exceeding one year, or both, at the
    12  discretion of the court.
    13     If any chief clerk or member of a board of elections, member
    14  of a return board or member of a board of registration
    15  commissioners, shall neglect or refuse to perform any of the
    16  duties prescribed by Article XIII of this act, or shall reveal
    17  or divulge any of the details of any ballot cast in accordance
    18  with the provisions of Article XIII of this act, or shall count
    19  an absentee ballot knowing the same to be contrary to Article
    20  XIII, or shall reject an absentee ballot without reason to
    21  believe that the same is contrary to Article XIII, or shall
    22  permit an elector to cast his ballot at a polling place knowing
    23  that there has been issued to the elector an absentee ballot, he
    24  shall be guilty of a misdemeanor, and, upon conviction, shall be
    25  punished by a fine not exceeding one thousand dollars ($1000),
    26  or be imprisoned for a term of one year, or both, at the
    27  discretion of the court.
    28     Section 2.  This act shall take effect in 60 days.


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