PRINTER'S NO. 508
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. A11L25MSP/20050H0469B0508 - 11 -