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                                                       PRINTER'S NO. 508

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 469 Session of 2005


        INTRODUCED BY E. Z. TAYLOR, PICKETT, MAJOR, KILLION, ARMSTRONG,
           BARRAR, BEBKO-JONES, CALTAGIRONE, CAPPELLI, CORNELL,
           CRAHALLA, CREIGHTON, CURRY, FRANKEL, FREEMAN, GOOD, HERSHEY,
           LEH, MANN, MARSICO, McILHATTAN, R. MILLER, MUNDY, MUSTIO,
           PHILLIPS, RUBLEY, SCHRODER, STERN, SURRA, WATSON AND GEIST,
           FEBRUARY 14, 2005

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 14, 2005

                                     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 date of application for
    12     absentee ballot, for voting by absentee electors and for
    13     canvassing of official absentee ballots.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Sections 1302.1 and 1306 of the act of June 3,
    17  1937 (P.L.1333, No.320), known as the Pennsylvania Election
    18  Code, amended February 13, 1998 (P.L.72, No.18), are amended to
    19  read:
    20     Section 1302.1.  Date of Application for Absentee Ballot.--
    21     [Applications for absentee ballots unless otherwise


     1  specified]
     2     (a)  Except as provided in subsections (b) and (c),
     3  applications for absentee ballots shall be received in the
     4  office of the county board of elections not earlier than fifty
     5  (50) days before the primary or election and not later than five
     6  o'clock P.M. of the first Tuesday prior to the day of any
     7  primary or election.[: Provided, however, That]
     8     (b)  Except as provided in subsection (c), in the event any
     9  elector otherwise qualified who is so physically disabled or ill
    10  on or before the first Tuesday prior to any primary or election
    11  that he is unable to file his application or who becomes
    12  physically disabled or ill after the first Tuesday prior to any
    13  primary or election and is unable to appear at his polling place
    14  or any elector otherwise qualified who because of the conduct of
    15  his business, duties or occupation will necessarily be absent
    16  from the municipality of his residence on the day of the primary
    17  or election, which fact was not and could not reasonably be
    18  known to said elector on or before the first Tuesday prior to
    19  any primary or election, the elector shall be entitled to an
    20  absentee ballot at any time prior to five o'clock P.M. on the
    21  first Friday preceding any primary or election upon execution of
    22  an Emergency Application in such form prescribed by the
    23  Secretary of the Commonwealth.
    24     (c)  In the event any elector otherwise qualified who becomes
    25  so physically disabled or ill between five o'clock P.M. on the
    26  first Friday preceding any primary or election and eight o'clock
    27  P.M. on the day of any primary or election that he is unable to
    28  appear at his polling place or any elector otherwise qualified
    29  who because of the conduct of his business, duties or occupation
    30  will necessarily be absent from the municipality of his
    20050H0469B0508                  - 2 -     

     1  residence on the day of the primary or election, which fact was
     2  not and could not reasonably be known to said elector prior to
     3  five o'clock P.M. on the first Friday preceding any primary or
     4  election, the elector shall be entitled to an absentee ballot if
     5  the elector completes and files with the court of common pleas
     6  in the county in which the elector is qualified to vote an
     7  Emergency Application or a letter or other signed document,
     8  which includes the same information as is provided on the
     9  Emergency Application. Upon a determination that the elector is
    10  a qualified absentee elector under section 1301, the judge shall
    11  issue an absentee ballot to the elector. If the elector is
    12  unable to appear in court, the judge shall direct a deputy
    13  sheriff of the county to deliver the absentee ballot to the
    14  elector. Upon completion of the absentee ballot, the elector
    15  shall seal the ballot in the official absentee ballot envelopes.
    16  The deputy sheriff shall deliver the absentee ballot to the
    17  county board of elections, who shall distribute the ballots,
    18  unopened to the absentee voter's respective election district.
    19     (d)  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, letter or other signed document shall contain a
    24  supporting affidavit from his attending physician stating that
    25  due to physical disability or illness said elector was unable to
    26  apply for an absentee ballot on or before the first Tuesday
    27  prior to the primary or election or became physically disabled
    28  or ill after that period.
    29     (e)  In the case of an elector who is necessarily absent
    30  because of the conduct of his business, duties or occupation
    20050H0469B0508                  - 3 -     

     1  under the unforeseen circumstances specified in [this
     2  subsection] subsections (b) and (c), such Emergency Application,
     3  letter or other signed document shall contain a supporting
     4  affidavit from such elector stating that because of the conduct
     5  of his business, duties or occupation said elector will
     6  necessarily be absent from the municipality of his residence on
     7  the day of the primary or election which fact was not and could
     8  not reasonably be known to said elector on or before the first
     9  Tuesday prior to the primary or election.
    10     Section 1306.  Voting by Absentee Electors.--(a) [At] Except
    11  as provided in paragraphs (1), (2) and (3), at any time after
    12  receiving an official absentee ballot, but on or before five
    13  o'clock P. M. on the Friday prior to the primary or election,
    14  the elector shall, in secret, proceed to mark the ballot only in
    15  black lead pencil, indelible pencil or blue, black or blue-black
    16  ink, in fountain pen or ball point pen, and then fold the
    17  ballot, enclose and securely seal the same in the envelope on
    18  which is printed, stamped or endorsed "Official Absentee
    19  Ballot."
    20     (1)  Any elector who submits an Emergency Application and
    21  receives an absentee ballot in accordance with section 1302.1(b)
    22  or (c) shall mark the ballot on or before eight o'clock P.M. on
    23  the day of the primary or election. This envelope shall then be
    24  placed in the second one, on which is printed the form of
    25  declaration of the elector, and the address of the elector's
    26  county board of election and the local election district of the
    27  elector. The elector shall then fill out, date and sign the
    28  declaration printed on such envelope. Such envelope shall then
    29  be securely sealed and the elector shall send same by mail,
    30  postage prepaid, except where franked, or deliver it in person
    20050H0469B0508                  - 4 -     

     1  to said county board of election[:].
     2     [Provided, however, That any] (2)  Any elector, spouse of the
     3  elector or dependent of the elector, qualified in accordance
     4  with the provisions of section 1301, subsections (e), (f), (g)
     5  and (h) to vote by absentee ballot as herein provided, shall be
     6  required to include on the form of declaration a supporting
     7  declaration in form prescribed by the Secretary of the
     8  Commonwealth, to be signed by the head of the department or
     9  chief of division or bureau in which the elector is employed,
    10  setting forth the identity of the elector, spouse of the elector
    11  or dependent of the elector[:].
    12     [Provided further, That any] (3)  Any elector who has filed
    13  his application in accordance with section 1302 subsection (e)
    14  (2), and is unable to sign his declaration because of illness or
    15  physical disability, shall be excused from signing upon making a
    16  declaration which shall be witnessed by one adult person in
    17  substantially the following form: I hereby declare that I am
    18  unable to sign my declaration for voting my absentee ballot
    19  without assistance because I am unable to write by reason of my
    20  illness or physical disability. I have made or received
    21  assistance in making my mark in lieu of my signature.
    22                                     .....................(Mark)
    23  ...................................
    24               (Date)
    25                                 ...............................
    26                                      (Signature of Witness)
    27  ...................................
    28     (Complete Address of Witness)
    29     (b) In the event that any such elector, excepting an elector
    30  in military service or any elector unable to go to his polling
    20050H0469B0508                  - 5 -     

     1  place because of illness or physical disability, entitled to
     2  vote an official absentee ballot shall be in the municipality of
     3  his residence on the day for holding the primary or election for
     4  which the ballot was issued, or in the event any such elector
     5  shall have recovered from his illness or physical disability
     6  sufficiently to permit him to present himself at the proper
     7  polling place for the purpose of casting his ballot, such
     8  absentee ballot cast by such elector shall, be declared void.
     9     Any such elector referred to in this subsection, who is
    10  within the municipality of his residence, must present himself
    11  at his polling place and shall be permitted to vote upon
    12  presenting himself at his regular polling place in the same
    13  manner as he could have voted had he not received an absentee
    14  ballot: Provided, That such elector has first presented himself
    15  to the judge of elections in his local election district and
    16  shall have signed the affidavit on the absentee voter's
    17  temporary registration card, which affidavit shall be in
    18  substantially the following form:
    19     I hereby swear that I am a qualified registered elector who
    20  has obtained an absentee ballot, however, I am present in the
    21  municipality of my residence and physically able to present
    22  myself at my polling place and therefore request that my
    23  absentee ballot be voided.
    24                                  ..............................
    25          (Date)                      (Signature of Elector)
    26  .........................................
    27       (Local Judge of Elections)
    28     An elector who has received an absentee ballot under the
    29  emergency application provisions of section 1302.1, and for
    30  whom, therefore, no temporary absentee voter's registration card
    20050H0469B0508                  - 6 -     

     1  is in the district register, shall sign the aforementioned
     2  affidavit in any case, which the local judge of elections shall
     3  then cause to be inserted in the district register with the
     4  elector's permanent registration card.
     5     Section 2.  Section 1308 of the act, amended December 11,
     6  1968 (P.L.1183, No.375), February 13, 1998 (P.L.72, No.18) and
     7  December 9, 2002 (P.L.1246, No.150), is amended to read:
     8     Section 1308.  Canvassing of Official Absentee Ballots.--
     9     (a)  The county boards of election, upon receipt of official
    10  absentee ballots in such envelopes, shall safely keep the same
    11  in sealed or locked containers until they distribute same to the
    12  appropriate local election districts in a manner prescribed by
    13  the Secretary of the Commonwealth.
    14     [The] Except as provided in section 1302.1(c), the county
    15  board of elections shall then distribute the absentee ballots,
    16  unopened, to the absentee voter's respective election district
    17  concurrently with the distribution of the other election
    18  supplies. Absentee ballots shall be canvassed immediately and
    19  continuously without interruption until completed after the
    20  close of the polls on the day of the election in each election
    21  district. The results of the canvass of the absentee ballots
    22  shall then be included in and returned to the county board with
    23  the returns of that district. No absentee ballot shall be
    24  counted which is received in the office of the county board of
    25  election later than [five o'clock P.M. on the Friday immediately
    26  preceding the primary or November election.] eight o'clock P.M.
    27  on the day of the primary or election.
    28     (b)  Watchers shall be permitted to be present when the
    29  envelopes containing official absentee ballots are opened and
    30  when such ballots are counted and recorded.
    20050H0469B0508                  - 7 -     

     1     (b.1)  In all election districts in which electronic voting
     2  systems are used, absentee ballots shall be opened at the
     3  election district, checked for write-in votes in accordance with
     4  section 1113-A and then either hand-counted or counted by means
     5  of the automatic tabulation equipment, whatever the case may be.
     6     (d)  Whenever it shall appear by due proof that any absentee
     7  elector who has returned his ballot in accordance with the
     8  provisions of this act has died prior to the opening of the
     9  polls on the day of the primary or election, the ballot of such
    10  deceased elector shall be rejected by the canvassers but the
    11  counting of the ballot of an elector thus deceased shall not of
    12  itself invalidate any nomination or election.
    13     (e)  At such time the local election board shall then further
    14  examine the declaration on each envelope not so set aside and
    15  shall compare the information thereon with that contained in the
    16  "Registered Absentee Voters File," the absentee voters' list and
    17  the "Military Veterans and Emergency Civilians Absentee Voters
    18  File." If the local election board is satisfied that the
    19  declaration is sufficient and the information contained in the
    20  "Registered Absentee Voters File," the absentee voters' list and
    21  the "Military Veterans and Emergency Civilians Absentee Voters
    22  File" verifies his right to vote, the local election board shall
    23  announce the name of the elector and shall give any watcher
    24  present an opportunity to challenge any absentee elector upon
    25  the ground or grounds (1) that the absentee elector is not a
    26  qualified elector; or (2) that the absentee elector was within
    27  the municipality of his residence on the day of the primary or
    28  election during the period the polls were open, except where he
    29  was in military service or except in the case where his ballot
    30  was obtained for the reason that he was unable to appear
    20050H0469B0508                  - 8 -     

     1  personally at the polling place because of illness or physical
     2  disability; or (3) that the absentee elector was able to appear
     3  personally at the polling place on the day of the primary or
     4  election during the period the polls were open in the case his
     5  ballot was obtained for the reason that he was unable to appear
     6  personally at the polling place because of illness or physical
     7  disability. Upon challenge of any absentee elector, as set forth
     8  herein the local election board shall mark "challenged" on the
     9  envelope together with the reason or reasons therefor, and the
    10  same shall be set aside for return to the county board unopened
    11  pending decision by the county board and shall not be counted.
    12  All absentee ballots not challenged for any of the reasons
    13  provided herein shall be counted and included with the general
    14  return of paper ballots or voting machines, as the case may be
    15  as follows. Thereupon, the local election board shall open the
    16  envelope of every unchallenged absentee elector in such manner
    17  as not to destroy the declaration executed thereon. All of such
    18  envelopes on which are printed, stamped or endorsed the words
    19  "Official Absentee Ballot" shall be placed in one or more
    20  depositories at one time and said depository or depositories
    21  well shaken and the envelopes mixed before any envelope is taken
    22  therefrom. If any of these envelopes shall contain any
    23  extraneous marks or identifying symbols other than the words
    24  "Official Absentee Ballot," the envelopes and the ballots
    25  contained therein shall be set aside and declared void. The
    26  local election board shall then break the seals of such
    27  envelopes, remove the ballots and record the votes in the same
    28  manner as district election officers are required to record
    29  votes. With respect to the challenged ballots, they shall be
    30  returned to the county board with the returns of the local
    20050H0469B0508                  - 9 -     

     1  election district where they shall be placed unopened in a
     2  secure, safe and sealed container in the custody of the county
     3  board until it shall fix a time and place for a formal hearing
     4  of all such challenges and notice shall be given where possible
     5  to all absentee electors thus challenged and to every attorney,
     6  watcher or candidate who made such challenge. The time for the
     7  hearing shall not be later than seven (7) days after the date of
     8  said challenge. On the day fixed for said hearing, the county
     9  board shall proceed without delay to hear said challenges and,
    10  in hearing the testimony, the county board shall not be bound by
    11  technical rules of evidence. The testimony presented shall be
    12  stenographically recorded and made part of the record of the
    13  hearing. The decision of the county board in upholding or
    14  dismissing any challenge may be reviewed by the court of common
    15  pleas of the county upon a petition filed by any person
    16  aggrieved by the decision of the county board. Such appeal shall
    17  be taken, within two (2) days after such decision shall have
    18  been made, whether reduced to writing or not, to the court of
    19  common pleas setting forth the objections to the county board's
    20  decision and praying for an order reversing same. Pending the
    21  final determination of all appeals, the county board shall
    22  suspend any action in canvassing and computing all challenged
    23  ballots irrespective of whether or not appeal was taken from the
    24  county board's decision. Upon completion of the computation of
    25  the returns of the county, the votes cast upon the challenged
    26  official absentee ballots shall be added to the other votes cast
    27  within the county.
    28     (f)  Any person challenging an application for an absentee
    29  ballot or an absentee ballot for any of the reasons provided in
    30  this act shall deposit the sum of ten dollars ($10.00) in cash
    20050H0469B0508                 - 10 -     

     1  with the local election board, in cases of challenges made to
     2  the local election board and with the county board in cases of
     3  challenges made to the county board for which he shall be issued
     4  a receipt for each challenge made, which sum shall only be
     5  refunded if the challenge is sustained or if the challenge is
     6  withdrawn within five (5) days after the primary or election. If
     7  the challenge is dismissed by any lawful order then the deposit
     8  shall be forfeited. All deposit money received by the local
     9  election board shall be turned over to the county board
    10  simultaneously with the return of the challenged ballots. The
    11  county board shall deposit all deposit money in the general fund
    12  of the county.
    13     Notice of the requirements of subsection (b) of section 1306
    14  shall be printed on the envelope for the absentee ballot.
    15     Section 3.  The amendment of sections 1302.1, 1306 and 1308
    16  of the act shall apply to elections held on or after January 1,
    17  2006.
    18     Section 4.  This act shall take effect in 60 days.








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