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                                                      PRINTER'S NO. 1344

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1115 Session of 2007


        INTRODUCED BY MUSTIO, METCALFE, J. EVANS, EVERETT, GEIST,
           GIBBONS, GOODMAN, HENNESSEY, HERSHEY, KOTIK, O'NEILL,
           SCAVELLO, SONNEY, R. STEVENSON, GINGRICH, KILLION, COX, KORTZ
           AND HARRIS, APRIL 18, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 18, 2007

                                     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 functions of the
    12     Secretary of the Commonwealth, for the functions of county
    13     boards of elections, for the functions of district election
    14     boards, for qualifications of electors at primaries, for the
    15     place and time of filing nomination papers, for objections to
    16     nomination petitions; providing for list of all nominated
    17     candidates to the public; further providing for requirements
    18     of electronic voting systems, for instruction cards and
    19     supplies, for official absentee ballot applications, for
    20     approval of absentee ballot applications, for absentee
    21     elector files, for delivering ballots, for absentee voting,
    22     for canvassing official absentee ballots, for public records,
    23     for computation of returns and for reporting; and providing
    24     for misleading mailings and for unlawful interference with
    25     voter registration.

    26     The General Assembly of the Commonwealth of Pennsylvania
    27  hereby enacts as follows:
    28     Section 1.  Sections 201 and 302 of the act of June 3, 1937


     1  (P.L.1333, No.320), known as the Pennsylvania Election Code, are
     2  amended by adding subsections to read:
     3     Section 201.  Powers and Duties of the Secretary of the
     4  Commonwealth.--The Secretary of the Commonwealth shall exercise
     5  in the manner provided by this act all powers granted to him by
     6  this act, and shall perform all the duties imposed upon him by
     7  this act, which shall include the following:
     8     * * *
     9     (e.2)  To receive from county boards of elections information
    10  in such form and in such manner as the Secretary of the
    11  Commonwealth shall require concerning absentee ballots,
    12  including specifically, but not limited to, the number of
    13  absentee ballot applications received, the number of electors
    14  listed on the permanent absentee ballot qualification list, the
    15  number of absentee ballots distributed or mailed and the number
    16  of absentee ballots returned by electors.
    17     * * *
    18     Section 302.  Powers and Duties of County Boards.--The county
    19  boards of elections, within their respective counties, shall
    20  exercise, in the manner provided by this act, all powers granted
    21  to them by this act, and shall perform all the duties imposed
    22  upon them by this act, which shall include the following:
    23     * * *
    24     (m.1)  To prepare and submit a report when requested to the
    25  Secretary of the Commonwealth containing information in
    26  accordance with the provisions of section 201(e.2) concerning
    27  absentee ballots, including specifically, but not limited to,
    28  the number of absentee ballot applications received, the number
    29  of electors listed on the permanent absentee ballot
    30  qualification list, the number of absentee ballots distributed
    20070H1115B1344                  - 2 -     

     1  or mailed and the number of absentee ballots returned by
     2  electors.
     3     * * *
     4     Section 2.  Section 401 of the act, amended February 10, 1956
     5  (1955 P.L.1019, No.319), is amended to read:
     6     Section 401.  District Election Boards; Election.--(a)  All
     7  primaries and elections shall be conducted in each election
     8  district by a district election board consisting of a judge of
     9  election, a majority inspector of election and a minority
    10  inspector of election, assisted by clerks and machine inspectors
    11  in certain cases, as hereinafter provided.
    12     (b)  No later than the Monday preceding the thirteenth
    13  Tuesday preceding a primary in which persons seek a party
    14  nomination for the office of judge of election or inspector of
    15  election, a county board may opt by majority vote to permit
    16  persons qualified to serve as and seeking election to the office
    17  of judge of election or inspector of election to have their
    18  names placed upon the primary ballots by filing a declaration of
    19  candidacy with the county board as an alternative to presenting
    20  a nominating petition as required by section 912.1. A decision
    21  to proceed under this subsection shall remain in effect until
    22  rescinded by majority vote of the county board, except that the
    23  county board may not rescind its decision at any time between
    24  the thirteenth Tuesday preceding a primary in which persons seek
    25  a party nomination for the office of judge of election or
    26  inspector of election and the Wednesday following the tenth
    27  Tuesday prior to such primary. Nothing in this subsection shall
    28  be construed to limit the number of times a county board may opt
    29  to proceed under this section. The Secretary of the Commonwealth
    30  shall prescribe the format of the declaration of candidacy. The
    20070H1115B1344                  - 3 -     

     1  declaration of candidacy shall include a candidate affidavit.
     2     (c)  The judge and inspectors of election of each election
     3  district shall be elected by the electors thereof at the
     4  municipal election, and shall hold office for a term of four
     5  years from the first Monday of January next succeeding their
     6  election.
     7     (d)  Each elector may vote for one person as judge and for
     8  one person as inspector, and the person receiving the highest
     9  number of votes for judge shall be declared elected judge of
    10  election, the person receiving the highest number of votes for
    11  inspector shall be declared elected majority inspector of
    12  election, and the person receiving the second highest number of
    13  votes for inspector shall be declared elected minority inspector
    14  of election.
    15     Section 3.  Section 702 of the act is amended to read:
    16     Section 702.  Qualifications of Electors at Primaries.--(a)
    17  The qualifications of electors entitled to vote at primaries
    18  shall be the same as the qualifications of electors entitled to
    19  vote at elections within the election district where the primary
    20  is held, provided that no elector who is not registered and
    21  enrolled as a member of a political party, in accordance with
    22  the provisions of this act, shall be permitted to vote the
    23  ballot of such party or any other party ballot at any primary.
    24     (b)  An individual who otherwise meets the requirements of 25
    25  Pa.C.S. § 1301 (relating to qualifications to register) who will
    26  be at least eighteen years of age on the day of the next general
    27  or municipal election may register and vote for the
    28  corresponding primary.
    29     Section 4.  Section 953 of the act, amended or added December
    30  2, 1976 (P.L.1221, No.269), July 12, 1980 (P.L.649, No.134) and
    20070H1115B1344                  - 4 -     

     1  March 3, 1982 (P.L.127, No.42), is amended to read:
     2     Section 953.  Place and Time of Filing Nomination Papers.--
     3     (a)  Nomination papers for candidates for presidential
     4  electors, United States Senators, Representatives in Congress,
     5  and State offices, including senators, representatives and
     6  judges of courts of record, shall be filed with the Secretary of
     7  the Commonwealth. Nomination papers for all other candidates
     8  shall be filed with the county boards of elections of the
     9  respective counties. Nomination papers for candidates for any
    10  office to be voted for by the electors of any city, borough,
    11  township, ward or school district which is situate in two or
    12  more counties shall be filed with the county board of the county
    13  in which the major number of the registered electors of such
    14  city, borough, township, ward or school district reside.
    15  Immediately after the last day for withdrawals of candidates
    16  nominated by nomination papers, the said county board shall
    17  certify to the county board of each other county involved a list
    18  of the names, addresses and occupations of the candidates so
    19  nominated to be voted for in two or more counties, together with
    20  the names or appellations of the political bodies nominating
    21  them.
    22     (b)  No nomination paper shall be circulated prior to the
    23  tenth Wednesday prior to the primary, and no signature shall be
    24  counted unless it bears a date affixed not earlier than the
    25  tenth Wednesday prior to the primary nor later than the [second
    26  Friday subsequent to the primary] first Tuesday in July.
    27     (c)  All nomination papers must be filed on or before the
    28  [second Friday subsequent to the primary] first Tuesday in July.
    29     (d)  The office in which a nomination paper is filed shall
    30  issue to the person filing the nomination paper a receipt
    20070H1115B1344                  - 5 -     

     1  containing the date and time of filing, the name of the
     2  candidate and the office for which he is a candidate.
     3     [(e)  For the primary election in the year 1982, the time
     4  schedule relating to circulating and filing of nominating
     5  petitions, filing of objections, and casting of lots for
     6  position on the ballot or ballot labels for the Office of
     7  Representative in Congress shall be delayed twenty-one (21) days
     8  from the times otherwise specified in this act and the time for
     9  withdrawal of candidates for such office shall be delayed
    10  fourteen (14) days from the time otherwise specified in this
    11  act.]
    12     Section 5.  Section 977 of the act, amended February 13, 1998
    13  (P.L.72, No.18), is amended to read:
    14     Section 977.  Objections to Nomination Petitions and
    15  Papers.--All nomination petitions and papers received and filed
    16  within the periods limited by this act shall be deemed to be
    17  valid, unless, within seven days after the last day for filing
    18  said nomination petition or paper, a petition is presented to
    19  the court specifically setting forth the objections thereto, and
    20  praying that the said petition or paper be set aside. A copy of
    21  said petition shall, within said period, be served on the
    22  officer or board with whom said nomination petition or paper was
    23  filed. Upon the presentation of such a petition, the court shall
    24  make an order fixing a time for hearing which shall not be later
    25  than ten days after the last day for filing said nomination
    26  petition or paper, and specifying the time and manner of notice
    27  that shall be given to the candidate or candidates named in the
    28  nomination petition or paper sought to be set aside. On the day
    29  fixed for said hearing, the court shall proceed without delay to
    30  hear said objections, and shall give such hearing precedence
    20070H1115B1344                  - 6 -     

     1  over other business before it, and shall finally determine said
     2  matter not later than fifteen (15) days after the last day for
     3  filing said nomination petitions or papers. If the court shall
     4  find that said nomination petition or paper is defective under
     5  the provisions of section 976, or does not contain a sufficient
     6  number of genuine signatures of electors entitled to sign the
     7  same under the provisions of this act, or was not filed by
     8  persons entitled to file the same, it shall be set aside. If the
     9  objections relate to material errors or defects apparent on the
    10  face of the nomination petition or paper, the court, after
    11  hearing, may, in its discretion, permit amendments within such
    12  time and upon such terms as to payment of costs, as the said
    13  court may specify. In case any such petition is dismissed, the
    14  court shall make such order as to the payment of the costs of
    15  the proceedings, including witness fees, as it shall deem just.
    16  Appeals of decisions on objection cases must be filed within two
    17  (2) business days of the filing of such a decision. In the event
    18  of an appeal, the court from which the appeal is taken shall
    19  transmit the record to the appellate court as soon as
    20  practicable. If a person shall sign any nomination petitions or
    21  papers for a greater number of candidates than he is permitted
    22  under the provisions of this act, if said signatures bear the
    23  same date, they shall, upon objections filed thereto, not be
    24  counted on any petition or paper and if they bear different
    25  dates, they shall be counted in the order of their priority of
    26  date, for only so many persons as there are candidates to be
    27  nominated or elected. The office of the Prothonotary of the
    28  Commonwealth Court and the office of the Secretary of the
    29  Commonwealth and the various offices of prothonotary of the
    30  court of common pleas shall be open between the hours of eight-
    20070H1115B1344                  - 7 -     

     1  thirty o'clock A.M. and five o'clock P.M. on the last day to
     2  withdraw after filing nomination petitions and on the last day
     3  to file objections to nomination petitions.
     4     Section 6.  The act is amended by adding a section to read:
     5     Section 982.1.  Furnishing List of All Nominated Candidates
     6  to the Public.--(a)  It shall be the duty of the Secretary of
     7  the Commonwealth, prior to each primary and general election, to
     8  compile a list of all candidates appearing on the ballot in a
     9  primary or general election for each county in this
    10  Commonwealth.
    11     (b)  To assist the Secretary of the Commonwealth in compiling
    12  this list of candidates, it shall be the duty of all county
    13  boards to send to the Secretary of the Commonwealth, in a manner
    14  directed by the Secretary of the Commonwealth, notice setting
    15  forth all candidates for all offices appearing on the ballot in
    16  that primary or general election for their respective counties.
    17  If the county fails to send the Secretary of the Commonwealth
    18  the notice under this subsection at least ten (10) days prior to
    19  the applicable deadline in subsection (c), the secretary shall
    20  withhold any reimbursements or payments owed to the county under
    21  section 305 until such time as the secretary receives the
    22  notice.
    23     (c)  The Secretary of the Commonwealth shall develop a filing
    24  system for the submission, retrieval, storage and public
    25  disclosure of the list of all the candidates in both the primary
    26  and November election and make available to anyone the list of
    27  candidates in comma delimited text, database, spreadsheet or
    28  printed formats. The Secretary of the Commonwealth shall further
    29  provide the public with access to the list of all candidates
    30  appearing on the ballot in the primary or the general election
    20070H1115B1344                  - 8 -     

     1  no later than thirty (30) days prior to the primary election and
     2  within thirty (30) days following the primary election, the
     3  names of the winning candidates shall be posted. The Department
     4  of State shall not charge any fee for access to the list of
     5  candidates. The department has the discretion to determine the
     6  most efficient means of providing access to the list of all the
     7  candidates. Access to the list of the candidates submitted to
     8  the Secretary of the Commonwealth shall be made available via
     9  the Internet or upon request of the Department of State.
    10     Section 7.  Section 1107-A of the act, added July 11, 1980
    11  (P.L.600, No.128), is amended to read:
    12     Section 1107-A.  Requirements of Electronic Voting Systems.--
    13  No electronic voting system shall, upon any examination or
    14  reexamination, be approved by the Secretary of the Commonwealth,
    15  or by any examiner appointed by him, unless it shall be
    16  established that such system, at the time of such examination or
    17  reexamination:
    18     (1)  Provides for voting in absolute secrecy and prevents any
    19  person from seeing or knowing for whom any voter, except one who
    20  has received or is receiving assistance as prescribed by law,
    21  has voted or is voting.
    22     (2)  Provides facilities for voting for such candidates as
    23  may be nominated and upon such questions as may be submitted.
    24     (3)  [Permits] If it is of a type that uses paper ballots or
    25  ballot cards to register the vote and automatic tabulating
    26  equipment to compute such vote, permits each voter, at other
    27  than primary elections, to vote a straight political party
    28  ticket by one mark or act and, by one mark or act, to vote for
    29  all the candidates of one political party for presidential
    30  electors and, by one mark or act, to vote for all the candidates
    20070H1115B1344                  - 9 -     

     1  of one political party for every office to be voted for, and
     2  every such mark or act shall be equivalent to and shall be
     3  counted as a vote for every candidate of the political party so
     4  marked including its candidates for presidential electors,
     5  except with respect to those offices as to which the voter has
     6  registered a vote for individual candidates of the same or
     7  another political party or political body, in which case the
     8  automatic tabulating equipment shall credit the vote for that
     9  office only for the candidate individually so selected,
    10  notwithstanding the fact that the voter may not have
    11  individually voted for the full number of candidates for that
    12  office for which he was entitled to vote.
    13     (3.1)  If the electronic voting system is of the type that
    14  registers the vote electronically, permits each voter, at other
    15  than primary elections, to vote a straight political party
    16  ticket in one operation; in one operation to vote for all the
    17  candidates of one political party for presidential electors; and
    18  in one operation, to vote for all the candidates of one
    19  political party for every office to be voted for, except those
    20  offices as to which the voter votes for individual candidates.
    21     (4)  Permits each voter, at other than primary elections, to
    22  vote a ticket selected from the nominees of any and all
    23  political parties, from the nominees of any and all political
    24  bodies, and from any persons whose names are not in nomination
    25  and do not appear upon the official ballot.
    26     (5)  Permits each voter to vote for any person and any office
    27  for whom and for which he is lawfully entitled to vote, whether
    28  or not the name of such person appears upon the ballot as a
    29  candidate for nomination or election.
    30     (6)  Permits each voter to vote for as many persons for any
    20070H1115B1344                 - 10 -     

     1  office as he is entitled to vote for and to vote for or against
     2  any question upon which he is entitled to vote and precludes
     3  each voter from voting or from having his vote tabulated for any
     4  candidate, or upon any question, for whom or upon which he is
     5  not entitled to vote.
     6     (7)  If it is of a type that registers the vote
     7  electronically, the voting system shall preclude each voter from
     8  voting for more persons for any office than he is entitled to
     9  vote for or upon any question more than once.
    10     (8)  Precludes each voter from voting or from having his vote
    11  tabulated more than once for any candidate for the same office
    12  or upon any question, except in districts and for offices where
    13  cumulative voting is authorized by law.
    14     (9)  Permits each voter at a primary election to vote only
    15  for the candidates seeking nomination by a political party in
    16  which such voter is registered and enrolled, and for any
    17  candidate for nonpartisan nomination, and for any question upon
    18  which he is entitled to vote.
    19     (10)  If it is of a type that registers the vote
    20  electronically, the voting system shall permit each voter to
    21  change his vote for any candidate or upon any question appearing
    22  on the official ballot up to the time that he takes the final
    23  step to register his vote and to have his vote computed. If it
    24  is of a type that uses paper ballots or ballot cards to register
    25  the vote and automatic tabulating equipment to compute such
    26  votes, the system shall provide that a voter who spoils his
    27  ballot may obtain another ballot; any ballot thus returned shall
    28  be immediately cancelled and at the close of the polls shall be
    29  enclosed in an envelope marked "spoiled" which shall be sealed
    30  and returned to the county board.
    20070H1115B1344                 - 11 -     

     1     (11)  Is suitably designed for the purpose used, is
     2  constructed in a neat and workmanlike manner of durable material
     3  of good quality, is safely and efficiently useable in the
     4  conduct of elections and, with respect to the counting of
     5  ballots cast at each district, is suitably designed and equipped
     6  to be capable of absolute accuracy, which accuracy shall be
     7  demonstrated to the Secretary of the Commonwealth.
     8     (12)  Provides acceptable ballot security procedures and
     9  impoundment of ballots to prevent tampering with or substitution
    10  of any ballots or ballot cards.
    11     (13)  When properly operated, records correctly and computes
    12  and tabulates accurately every valid vote registered.
    13     (14)  Is safely transportable.
    14     (15)  Is so constructed that a voter may readily learn the
    15  method of operating it.
    16     (16)  If the voting system is of a type which provides for
    17  the computation and tabulation of votes at the district level,
    18  the district component of the automatic tabulating equipment
    19  shall include the following mechanisms or capabilities:
    20     (i)  A public counter, the register of which is visible from
    21  the outside of the automatic tabulating equipment component into
    22  which the ballots are entered, which shall show during any
    23  period of operation the total number of ballots entered for
    24  computation and tabulation.
    25     (ii)  A lock, or locks, by the use of which all operation of
    26  the tabulation element of the automatic tabulating equipment is
    27  absolutely prevented immediately after the polls are closed or
    28  where the tabulation of votes is completed.
    29     (iii)  It shall be so constructed and controlled that, during
    30  the progress of voting, it shall preclude every person from
    20070H1115B1344                 - 12 -     

     1  seeing or knowing the number of votes theretofore registered for
     2  any candidate or question; and it shall preclude every person
     3  from tampering with the tabulating element.
     4     (iv)  If the number of choices recorded for any office or on
     5  any question exceeds the number for which the voter is entitled
     6  to vote, it shall reject all choices recorded on the ballot for
     7  that office or question, provided, that if used during the
     8  period of voting it may also have the capacity to indicate to a
     9  voter that he has improperly voted for more candidates for any
    10  office than he is entitled to vote for, and in such case it
    11  shall have the capacity to permit the voter to mark a new ballot
    12  or to forego his opportunity to make such correction.
    13     (v)  It shall be equipped with an element which generates a
    14  printed record at the beginning of its operation which verifies
    15  that the tabulating elements for each candidate position and
    16  each question and the public counter are all set to zero and
    17  with an element which generates a printed record at the finish
    18  of its operation of the total number of voters whose ballots
    19  have been tabulated, the total number of votes cast for each
    20  candidate whose name appears on the ballot, and the total number
    21  of votes cast for, or against, any question appearing on the
    22  ballot.
    23     (17)  If the voting system is of a type which provides for
    24  the computation and tabulation of all votes at a central
    25  counting center or if it provides for the tabulation of district
    26  totals at such a central counting center, the central automatic
    27  tabulating equipment shall include the following mechanisms or
    28  capabilities:
    29     (i)  It shall be constructed so that every person is
    30  precluded from tampering with the tabulating element during the
    20070H1115B1344                 - 13 -     

     1  course of its operation.
     2     (ii)  If the number of choices for any office or on any
     3  question exceeds the number for which the voter is entitled to
     4  vote, it shall reject all choices recorded on the ballot for
     5  that office or question.
     6     (iii)  It shall have a means by which to verify that the
     7  counters for each candidate position and for each question are
     8  all set to zero and shall be able to generate a printed record
     9  of each election district showing the total number of voters
    10  whose ballots have been tabulated, the total number of votes
    11  cast for each candidate whose name appears on the ballot, and
    12  the total number of votes cast for, or against, any question
    13  appearing on the ballot. It may also be capable of generating
    14  cumulative election reports.
    15     Section 8.  Section 1202 of the act is amended to read:
    16     Section 1202.  Cards of Instructions and Supplies.--Prior to
    17  each primary and election each county board of election shall
    18  prepare full instructions for the guidance of electors in
    19  districts in which ballots are used, and also similar
    20  instructions for the guidance of electors in districts in which
    21  voting machines are used, and they shall cause the same,
    22  together with such portions of this act as deemed advisable, to
    23  be printed in large clear type on separate cards to be called
    24  cards of instruction. Each county board of election shall insure
    25  that an adequate supply of provisional ballots numbering no less
    26  than an amount equal to ten (10) per centum of the electors
    27  registered in the election district is available. They shall
    28  also prepare blank forms of oaths of election officers, records
    29  of assisted voters, affidavits of challenged electors and
    30  others, general and duplicate return sheets, tally papers,
    20070H1115B1344                 - 14 -     

     1  statements, blank forms for numbered lists of voters, with
     2  sufficient space for noting their party enrollment at primaries,
     3  notice of penalties for the information of electors and election
     4  officers, and other forms and supplies required by this act for
     5  use in each election district of the county. Said forms, blank
     6  books, and other supplies shall have printed thereon appropriate
     7  instructions. In districts in which voting machines are used the
     8  general and duplicate return sheets and statement shall be
     9  printed to conform to the type of voting machine used in such
    10  districts and the designating number and letter, if any, on the
    11  counter for each candidate shall be printed thereon opposite the
    12  candidate's name.
    13     Section 9.  Section 1302 of the act, amended February 13,
    14  1998 (P.L.72, No.18) and December 9, 2002 (P.L.1246, No.150) is
    15  amended to read:
    16     Section 1302.  Applications for Official Absentee Ballots.--
    17  (a)  Any qualified elector defined in preceding section 1301,
    18  subsections (a) to (h), inclusive, may apply at any time before
    19  any primary or election for any official absentee ballot in
    20  person, on any form supplied by the Federal Government, or on
    21  any official county board of election form addressed to the
    22  Secretary of the Commonwealth of Pennsylvania or the county
    23  board of election of the county in which his voting residence is
    24  located. An application from such electors shall be considered a
    25  request for an application for voter registration. Any qualified
    26  elector defined in section 1301(b), (c), (d), (e), (f), (g) and
    27  (h) may register concurrently with voting an absentee ballot.
    28     (b)  The application shall contain the following information:
    29  Home residence at the time of entrance into actual military
    30  service or Federal employment, length of time a citizen, length
    20070H1115B1344                 - 15 -     

     1  of residence in Pennsylvania, date of birth, length of time a
     2  resident of voting district, voting district if known, party
     3  choice in case of primary, name and, for a military elector, his
     4  stateside military address, FPO or APO number and serial number.
     5  Any elector other than a military elector shall in addition
     6  specify the nature of his employment, the address to which
     7  ballot is to be sent, relationship where necessary, and such
     8  other information as may be determined and prescribed by the
     9  Secretary of the Commonwealth. When such application is received
    10  by the Secretary of the Commonwealth it shall be forwarded to
    11  the proper county board of election.
    12     (c)  The application of any qualified elector, as defined in
    13  section 1301(a), (b), (c), (d), (e), (f), (g) and (h), for an
    14  official absentee ballot in any primary or election may not be
    15  made over the signature of any person, other than the qualified
    16  elector or an adult member of his immediate family, as required
    17  in the preceding subsection. [A qualified absentee military or
    18  overseas elector, as defined by the Uniformed and Overseas
    19  Citizens Absentee Voting Act (Public Law 99-410, 100 Stat.
    20  924),] Any such qualified absentee elector may submit his
    21  application for an official absentee ballot by facsimile method
    22  [if the original application is received prior to the election
    23  by the county election office. The absentee ballot of the
    24  qualified military or overseas elector shall not be counted
    25  unless the elector's original application is received prior to
    26  the election by the county election office.] or computerized
    27  electronic transmission if the application contains all required
    28  information and a facsimile of the elector's signature or the
    29  signature of an adult member of the elector's immediate family.
    30  The facsimile method shall not be acceptable for the official
    20070H1115B1344                 - 16 -     

     1  absentee ballot.
     2     [(d)  The application of any qualified elector, as defined in
     3  preceding section 1301, subsections (b) to (h), inclusive, for
     4  an official absentee ballot in any primary or election shall be
     5  signed by the applicant.]
     6     (e)  Any qualified bedridden or hospitalized veteran absent
     7  from the municipality of his residence and unable to attend his
     8  polling place because of such illness or physical disability,
     9  regardless of whether he is registered or enrolled, may apply at
    10  any time before any primary or election for an official absentee
    11  ballot on any official county board of election form addressed
    12  to the Secretary of the Commonwealth of Pennsylvania or the
    13  county board of elections of the county in which his voting
    14  residence is located.
    15     The application shall contain the following information:
    16  Residence at the time of becoming bedridden or hospitalized,
    17  length of time a citizen, length of residence in Pennsylvania,
    18  date of birth, length of time a resident in voting district,
    19  voting district if known, party choice in case of primary, name
    20  and address of present residence or hospital at which
    21  hospitalized. When such application is received by the Secretary
    22  of the Commonwealth, it shall be forwarded to the proper county
    23  board of elections.
    24     The application for an official absentee ballot for any
    25  primary or election shall be made on information supplied over
    26  the signature of the bedridden or hospitalized veteran as
    27  required in the preceding subsection. Any qualified registered
    28  elector, including a spouse or dependent referred to in
    29  subsection (l) of section 1301, who expects to be or is absent
    30  from the municipality of his residence because his duties,
    20070H1115B1344                 - 17 -     

     1  occupation or business require him to be elsewhere on the day of
     2  any primary or election and any qualified registered elector who
     3  is unable to attend his polling place on the day of any primary
     4  or election because of illness or physical disability and any
     5  qualified registered bedridden or hospitalized veteran in the
     6  county of residence, or in the case of a county employe who
     7  cannot vote due to duties on election day relating to the
     8  conduct of the election, or in the case of a person who will not
     9  attend a polling place because of the observance of a religious
    10  holiday, may apply to the county board of elections of the
    11  county in which his voting residence is located for an Official
    12  Absentee Ballot. Such application shall be made upon an official
    13  application form supplied by the county board of elections. Such
    14  official application form shall be determined and prescribed by
    15  the Secretary of the Commonwealth of Pennsylvania.
    16     (1)  The application of any qualified registered elector,
    17  including spouse or dependent referred to in subsection (l) of
    18  section 1301, who expects to be or is absent from the
    19  municipality of his residence because his duties, occupation or
    20  business require him to be elsewhere on the day of any primary
    21  or election, or in the case of a county employe who cannot vote
    22  due to duties on election day relating to the conduct of the
    23  election, or in the case of a person who will not attend a
    24  polling place because of the observance of a religious holiday,
    25  shall be signed by the applicant and shall include the surname
    26  and given name or names of the applicant, his occupation, date
    27  of birth, length of time a resident in voting district, voting
    28  district if known, place of residence, post office address to
    29  which ballot is to be mailed, the reason for his absence, and
    30  such other information as shall make clear to the county board
    20070H1115B1344                 - 18 -     

     1  of elections the applicant's right to an official absentee
     2  ballot.
     3     (2)  The application of any qualified registered elector who
     4  is unable to attend his polling place on the day of any primary
     5  or election because of illness or physical disability and the
     6  application of any qualified registered bedridden or
     7  hospitalized veteran in the county of residence shall be signed
     8  by the applicant and shall include surname and given name or
     9  names of the applicant, his occupation, date of birth, residence
    10  at the time of becoming bedridden or hospitalized, length of
    11  time a resident in voting district, voting district if known,
    12  place of residence, post office address to which ballot is to be
    13  mailed, and such other information as shall make clear to the
    14  county board of elections the applicant's right to an official
    15  ballot. In addition, the application of such electors shall
    16  include a declaration stating the nature of their disability or
    17  illness, and the name, office address and office telephone
    18  number of their attending physician: Provided, however, That in
    19  the event any elector entitled to an absentee ballot under this
    20  subsection be unable to sign his application because of illness
    21  or physical disability, he shall be excused from signing upon
    22  making a statement which shall be witnessed by one adult person
    23  in substantially the following form: I hereby state that I am
    24  unable to sign my application for an absentee ballot without
    25  assistance because I am unable to write by reason of my illness
    26  or physical disability. I have made or have received assistance
    27  in making my mark in lieu of my signature.
    28  ...............................     ......................(Mark)
    29             (Date)
    30  ...............................     ............................
    20070H1115B1344                 - 19 -     

     1   (Complete Address of Witness)         (Signature of Witness)
     2     (e.1)  Any qualified registered elector, including any
     3  qualified bedridden or hospitalized veteran, who is unable
     4  because of illness or physical disability to attend his polling
     5  place on the day of any primary or election or operate a voting
     6  machine and state distinctly and audibly that he is unable to do
     7  so as required by section 1218 of this act may, with the
     8  certification by his attending physician that he is permanently
     9  disabled, and physically unable to attend the polls or operate a
    10  voting machine and make the distinct and audible statement
    11  required by section 1218 appended to the application
    12  hereinbefore required, be placed on a permanently disabled
    13  absentee ballot list file. An absentee ballot application shall
    14  be mailed to every such person for each primary or election so
    15  long as he does not lose his voting rights by failure to vote as
    16  otherwise required by this act. Such person shall not be
    17  required to file a physician's certificate of disability with
    18  each application as required in subsection (e) of this section
    19  but such person must submit a written statement asserting
    20  continuing disability every four years in order to maintain his
    21  eligibility to vote under the provisions of this subsection.
    22  Should any such person lose his disability he shall inform the
    23  county board of elections of the county of his residence.
    24     (e.2)  Notwithstanding the other provisions of this act any
    25  qualified elector who expects to be or is absent from the
    26  municipality of his residence because his duties, occupation or
    27  business require him to be elsewhere on the day of any election
    28  or a county employe who cannot vote due to duties on election
    29  day relating to the conduct of the election or a person who will
    30  not attend a polling place because of the observance of a
    20070H1115B1344                 - 20 -     

     1  religious holiday may make an application for an absentee ballot
     2  by mail by sending a letter to the county board of elections in
     3  the county in which his voting residence is located. The letter
     4  shall be signed by the applicant and contain his name and place
     5  of residence.
     6     (f)  The county chairman of each political party or the head
     7  of each political body shall designate one representative from
     8  his respective political party or body for each public
     9  institution. The representatives so appointed shall, at the same
    10  time on a date fixed by the county board of election visit every
    11  public institution situate in the county for the purpose of
    12  obtaining the names and addresses of public institution
    13  residents who desire to receive applications for absentee
    14  ballots and to act as an election board as provided in
    15  subsection (g) of this section. The list of names and addresses
    16  thus obtained shall then be submitted by said representatives to
    17  the board which shall furnish applications individually to those
    18  appearing in the written request. If the chairman or head of a
    19  political party or body fails to appoint a representative within
    20  fifteen days from written notice from the county board of
    21  election, the county board of election shall appoint a
    22  representative from the political party or body.
    23     (g)  The county board of election shall appoint teams of
    24  three members for each public institution that shall go to the
    25  public institutions and hold the election on the first Friday
    26  prior to election day. Each member of the board shall appoint
    27  one member on every team. After the votes are cast, the teams
    28  shall collect the ballots and return them to the county board of
    29  election where they shall be placed unopened in a secure, safe
    30  and sealed container in the custody of the board until they
    20070H1115B1344                 - 21 -     

     1  shall be distributed to the respective absentee voters' election
     2  district as provided in section 1308 of this act where they
     3  shall be counted with the other absentee ballots, if any.
     4     (h)  The county board of election shall number, in
     5  chronological order, the applications for an official absentee
     6  ballot, which number shall likewise appear on the official
     7  absentee ballot for the qualified elector. The numbers shall
     8  appear legibly and in a conspicuous place but before the ballots
     9  are distributed the number on the ballot shall be torn off by
    10  the county board of election. This number information shall be
    11  appropriately inserted and become a part of the Registered
    12  Absentee Voters File and the Military, Veterans and Emergency
    13  Civilian Absentee Voters File provided in section 1302.3 of this
    14  act.
    15     (i)  Application for official absentee ballots shall be on
    16  forms prescribed by the Secretary of the Commonwealth. The
    17  application shall state that a voter who receives an absentee
    18  ballot pursuant to section 1301 and who, on election day, is
    19  capable of voting at the appropriate polling place must void the
    20  absentee ballot and vote in the normal manner at the appropriate
    21  voting place. Such forms shall be made freely available to the
    22  public at county board of elections, municipal buildings and at
    23  such other locations designated by the secretary. No written
    24  application or personal request shall be necessary to receive
    25  the application forms. Copies of all completed applications for
    26  official absentee ballots shall be retained by the county board
    27  of elections.
    28     Section 10.  Sections 1302.2 and 1302.3 of the act, amended
    29  December 11, 1968 (P.L.1183, No.375), are amended to read:
    30     Section 1302.2.  Approval of Application for Absentee
    20070H1115B1344                 - 22 -     

     1  Ballot.--
     2     (a) The county board of elections, upon receipt of any
     3  application filed by a qualified elector not required to be
     4  registered under preceding section 1301, shall ascertain from
     5  the information on such application, district register or from
     6  any other source that such applicant possesses all the
     7  qualifications of a qualified elector other than being
     8  registered or enrolled. If the board is satisfied that the
     9  applicant is qualified to receive an official absentee ballot,
    10  the application shall be marked approved such approval decision
    11  shall be final and binding except that challenges may be made
    12  only on the ground that the applicant did not possess
    13  qualifications of an absentee elector. [Such challenges]
    14  Challenges to applications received from qualified electors not
    15  required to be registered under section 1301(i) must be made to
    16  the county board of elections prior to 5:00 o'clock P. M. on the
    17  first Friday prior to the election. Challenges to applications
    18  received from qualified electors not required to be registered
    19  under section 1301(a) must be made to the county board of
    20  elections prior to 8:00 o'clock P. M. on the day of the
    21  election. When so approved, the county board of elections shall
    22  cause the applicant's name and residence (and at a primary, the
    23  party enrollment) to be inserted in the Military, Veterans and
    24  Emergency Civilians Absentee Voters File as provided in section
    25  1302.3, subsection (b): Providing, however, That no application
    26  of any qualified elector in military service shall be rejected
    27  for failure to include on his application any information if
    28  such information may be ascertained within a reasonable time by
    29  the county board of elections.
    30     (b) The county board of elections, upon receipt of any
    20070H1115B1344                 - 23 -     

     1  application filed by a qualified elector who is entitled, under
     2  [the provisions of the Permanent Registration Law as now or
     3  hereinafter enacted by the General Assembly,] law to absentee
     4  registration prior to or concurrently with the time of voting as
     5  provided under preceding section 1301, shall ascertain from the
     6  information on such application or from any other source that
     7  such applicant possesses all the qualifications of a qualified
     8  elector. If the board is satisfied that the applicant is
     9  entitled[, under the provisions of the Permanent Registration
    10  Law as now or hereinafter enacted by the General Assembly,] to
    11  absentee registration prior to or concurrently with the time of
    12  voting and that the applicant is qualified to receive an
    13  official absentee ballot, the application shall be marked
    14  "approved." Such approval decision shall be final and binding
    15  except that challenges may be made only on the ground that the
    16  applicant did not possess the qualifications of an absentee
    17  elector prior to or concurrently with the time of voting. Such
    18  challenges must be made to the county board of elections prior
    19  to [5:00 o'clock P. M. on the first Friday prior to] 8:00
    20  o'clock P. M. on the day of the election. When so approved, the
    21  county board of elections shall cause the applicant's name and
    22  residence (and at a primary, the party enrollment) to be
    23  inserted in the Military, Veterans and Emergency Civilian
    24  Absentee Voters File as provided in section 1302.3 subsection
    25  (b).
    26     (c)  The county board of elections, upon receipt of any
    27  application of a qualified elector required to be registered
    28  under the provisions of preceding section 1301, shall determine
    29  the qualifications of such applicant by comparing the
    30  information set forth on such application with the information
    20070H1115B1344                 - 24 -     

     1  contained on the applicant's permanent registration card. If the
     2  board is satisfied that the applicant is qualified to receive an
     3  official absentee ballot, the application shall be marked
     4  "approved." Such approval decision shall be final and binding,
     5  except that challenges may be made only on the ground that the
     6  applicant did not possess the qualifications of an absentee
     7  elector. Such challenges must be made to the county board of
     8  elections prior to 5:00 o'clock P. M. on the first Friday prior
     9  to the election. When so approved, the registration commission
    10  shall cause an absentee voter's temporary registration card to
    11  be inserted in the district register on top of and along with
    12  the permanent registration card. The absentee voter's temporary
    13  registration card shall be in the color and form prescribed in
    14  subsection (e) of this section:
    15     Provided, however, That the duties of the county boards of
    16  elections and the registration commissions with respect to the
    17  insertion of the absentee voter's temporary registration card of
    18  any elector from the district register as set forth in section
    19  1302.2 shall include only such applications and emergency
    20  applications as are received on or before the first Tuesday
    21  prior to the primary or election. In all cases where
    22  applications are received after the first Tuesday prior to the
    23  primary or election and before five o'clock P. M. on the first
    24  Friday prior to the primary or election, the county board of
    25  elections shall determine the qualifications of such applicant
    26  by comparing the information set forth on such application with
    27  the information contained on the applicant's duplicate
    28  registration card on file in the General Register (also referred
    29  to as the Master File) in the office of the Registration
    30  Commission and shall cause the name and residence (and at
    20070H1115B1344                 - 25 -     

     1  primaries, the party enrollment) to be inserted in the Military,
     2  Veterans and Emergency Civilian Absentee Voters File as provided
     3  in section 1302.3, subsection (b). In addition, the local
     4  district boards of elections shall, upon canvassing the official
     5  absentee ballots under section 1308, examine the voting check
     6  list of the election district of said elector's residence and
     7  satisfy itself that such elector did not cast any ballot other
     8  than the one properly issued to him under his absentee ballot
     9  application. In all cases where the examination of the local
    10  district board of elections discloses that an elector did vote a
    11  ballot other than the one properly issued to him under the
    12  absentee ballot application, the local district board of
    13  elections shall thereupon cancel said absentee ballot and said
    14  elector shall be subject to the penalties as hereinafter set
    15  forth.
    16     (d)  In the event that any application for an official
    17  absentee ballot is not approved by the county board of
    18  elections, the elector shall be notified immediately to that
    19  effect with a statement by the county board of the reasons for
    20  the disapproval.
    21     (e)  The absentee voter's temporary registration card shall
    22  be in duplicate and the same size as the permanent registration
    23  card, in a different and contrasting color to the permanent
    24  registration card and shall contain the absentee voter's name
    25  and address and shall conspicuously contain the words "Absentee
    26  Voter." Such card shall also contain the affidavit required by
    27  subsection (b) of section 1306.
    28     Section 1302.3.  Absentee Electors Files and Lists.--(a)  The
    29  county board of elections shall maintain at its office a file
    30  containing the duplicate absentee voter's temporary registration
    20070H1115B1344                 - 26 -     

     1  cards of every registered elector to whom an absentee ballot has
     2  been sent. Such duplicate absentee voter's temporary
     3  registration cards shall be filed by election districts and
     4  within each election district in exact alphabetical order and
     5  indexed. The registration cards so filed shall constitute the
     6  Registered Absentee Voters File for the Primary or Election of
     7  (date of primary or election) and shall be kept on file for a
     8  period commencing the Tuesday prior to the day of the primary or
     9  election until the day following the primary or election or the
    10  day the county board of elections certifies the returns of the
    11  primary or election, whichever date is later. Such file shall be
    12  open to public inspection at all times upon written request
    13  subject to reasonable safeguards, rules and regulations.
    14     (b)  The county board of elections shall [post in a
    15  conspicuous public place] make available at its office a master
    16  list arranged in alphabetical order by election districts
    17  setting forth the name and residence, and at primaries, the
    18  party enrollment, of (1) every military elector to whom an
    19  absentee ballot is being sent, each such name to be prefixed
    20  with an "M"; (2) every bedridden or hospitalized veteran outside
    21  the county of his residence who is not registered and to whom an
    22  absentee ballot is being sent, each such name to be prefixed
    23  with a "V"; and (3) every registered elector who has filed his
    24  application for an absentee ballot too late for the extraction
    25  of his original registration card and to whom a ballot is being
    26  sent and every qualified elector who has filed his application
    27  for an absentee ballot and is entitled, under provisions of [the
    28  Permanent Registration Law as now or hereinafter enacted by the
    29  General Assembly] law, to absentee registration prior to or
    30  concurrently with the time of voting, each such name to be
    20070H1115B1344                 - 27 -     

     1  prefixed with a "C." This list shall be known as the Military,
     2  Veterans and Emergency Civilians Absentee Voters File for the
     3  Primary or Election of (date of primary or election) and shall
     4  be [posted] maintained for a period commencing the Tuesday prior
     5  to the day of the primary or election until the eighth day
     6  following the primary or election or the day on which the county
     7  board of elections certifies the returns of the primary or
     8  election, whichever date is later. Such file shall be open to
     9  public inspection upon written request at all times subject to
    10  reasonable safeguards, rules and regulations[. This posted list]
    11  and shall not contain any military address or references to any
    12  military organization. Upon written request, the county board
    13  shall furnish a copy of such list to any candidate or party
    14  county chairman.
    15     (b.1)  The county board shall also maintain a list of all
    16  absentee ballots which are received from electors qualified in
    17  accordance with section 1301(a), (b), (c), (d), (e), (f), (g)
    18  and (h) after 5:00 o'clock P. M. on the Friday before the
    19  election but before 8:00 o'clock P. M. on the day of the
    20  election, and those received up to the seventh day following the
    21  election and which contain postmarks dated no later than the day
    22  preceding the election. This list shall be available for public
    23  inspection upon written request at the office of the county
    24  board of elections subject to reasonable safeguards, rules and
    25  regulations. Upon written request, the county board shall
    26  furnish a copy of such list to any candidate or party county
    27  chairman.
    28     (c)  Not less than five days preceding the election, the
    29  chief clerk shall prepare a list for each election district
    30  showing the names and post office addresses of all voting
    20070H1115B1344                 - 28 -     

     1  residents thereof to whom official absentee ballots shall have
     2  been issued. Each such list shall be prepared in duplicate,
     3  shall be headed "Persons in (give identity of election district)
     4  to whom absentee ballots have been issued for the election of
     5  (date of election)," and shall be signed by him not less than
     6  four days preceding the election. He shall [post] make the
     7  original of each such list [in a conspicuous place] available in
     8  the office of the county election board [and see that it is kept
     9  so posted] until the close of the polls on election day subject
    10  to reasonable safeguards, rules and regulations. He shall cause
    11  the duplicate of each such list to be delivered to the judge of
    12  election in the election district in the same manner and at the
    13  same time as are provided in this act for the delivery of other
    14  election supplies.[, and it shall be the duty of such judge of
    15  election to post such duplicate list in a conspicuous place
    16  within the polling place of his district and see that it is kept
    17  so posted throughout the time that the polls are open.] Upon
    18  written request, he shall furnish a copy of such list to any
    19  candidate or party county chairman. The duplicate list provided
    20  to each election district with other election supplies shall be
    21  accurate as of the day of distribution. Such duplicate list
    22  shall contain a notification of when the list was prepared and
    23  that an updated list is available at the office of the county
    24  board. The judge of election shall make such list received with
    25  the election supplies available for public inspection upon
    26  written request.
    27     Section 11.  Section 1305 of the act, amended August 13, 1963
    28  (P.L.707, No.379) and December 17, 1990 (P.L.681, No.169), is
    29  amended to read:
    30     Section 1305.  Delivering or Mailing Ballots.--
    20070H1115B1344                 - 29 -     

     1     (a)  The county board of elections upon receipt and approval
     2  of an application filed by any elector qualified in accordance
     3  with the provisions of section 1301, subsections (a) to (h),
     4  inclusive, shall [not later than] prepare absentee ballots
     5  immediately upon certification of the ballot by the Secretary of
     6  the Commonwealth and begin to deliver or mail absentee ballots
     7  to such electors immediately when they are printed but no later
     8  than one week following receipt of the ballot certification. In
     9  the event that the ballot is not certified by the Secretary of
    10  the Commonwealth by fifty days prior to the day of the primary
    11  or [not later than] by seventy days prior to the day of the
    12  election, the county board shall (1) commence to deliver or mail
    13  to such elector who has included with said application a
    14  statement that he or she is unable to vote during the regular
    15  absentee balloting period by reason of living or performing
    16  military service in an extremely remote or isolated area of the
    17  world, and (2) not later than forty-five days prior to the day
    18  of the primary or election shall commence to deliver or mail to
    19  all other such electors as provided for in section 1301,
    20  subsections (a) to (h), inclusive, official absentee ballots or
    21  special write-in absentee ballots as prescribed by subsection
    22  (d) of section 1303 when official absentee ballots are not yet
    23  printed[; as]. As additional applications of such electors are
    24  received, the board shall deliver or mail official absentee
    25  ballots or special write-in absentee ballots when official
    26  absentee ballots are not yet printed to such additional electors
    27  within forty-eight hours after approval of their application. If
    28  the calling of a special election would make it impossible to
    29  comply with the forty-five day delivery or mailing requirement
    30  of this section, then the county board of elections shall mail
    20070H1115B1344                 - 30 -     

     1  absentee ballots or special write-in absentee ballots within
     2  five days of the county board's receipt of the information
     3  necessary to prepare said ballots.
     4     (b)  The county board of elections upon receipt and approval
     5  of an application filed by any elector qualified in accordance
     6  with the provisions of section 1301, subsections (i) to (l),
     7  inclusive, shall commence to deliver or mail official absentee
     8  ballots on the second Tuesday prior to the primary or election.
     9  As additional applications are received and approved, the board
    10  shall deliver or mail official absentee ballots to such
    11  additional electors within forty-eight hours.
    12     Section 12.  Section 1306 of the act, amended February 13,
    13  1998 (P.L.72, No.18) and November 9, 2006 (P.L.1330, No.137), is
    14  amended to read:
    15     Section 1306.  Voting by Absentee Electors.--(a)  Except as
    16  provided in paragraphs (1), (2) and (3), at any time after
    17  receiving an official absentee ballot, but on or before five
    18  o'clock P.M. on the Friday prior to the primary or election, the
    19  elector shall, in secret, proceed to mark the ballot only in
    20  black lead pencil, indelible pencil or blue, black or blue-black
    21  ink, in fountain pen or ball point pen, and then fold the
    22  ballot, enclose and securely seal the same in the envelope on
    23  which is printed, stamped or endorsed "Official Absentee
    24  Ballot."
    25     (1)  Any elector who submits an Emergency Application and
    26  receives an absentee ballot in accordance with section
    27  1302.1(a.2) or (c) shall mark the ballot on or before eight
    28  o'clock P.M. on the day of the primary or election. An elector
    29  qualified in accordance with section 1301(a), (b), (c), (d),
    30  (e), (f), (g) and (h) shall, in secret, proceed to mark the
    20070H1115B1344                 - 31 -     

     1  ballot only in black lead pencil, indelible pencil or blue,
     2  black or blue-black ink, in fountain pen or ball point pen, and
     3  then fold the ballot, enclose and securely seal the same in the
     4  envelope on which is printed, stamped or endorsed "Official
     5  Absentee Ballot." This envelope shall then be placed in the
     6  second one, on which is printed the form of declaration of the
     7  elector, and the address of the elector's county board of
     8  election and the local election district of the elector. The
     9  elector shall then fill out, date and sign the declaration
    10  printed on such envelope. Such envelope shall then be securely
    11  sealed and the elector shall send same by mail, postage prepaid,
    12  except where franked, or deliver it in person to said county
    13  board of election.
    14     (2)  Any elector, spouse of the elector or dependent of the
    15  elector, qualified in accordance with the provisions of section
    16  1301, subsections (e), (f), (g) and (h) to vote by absentee
    17  ballot as herein provided, shall be required to include on the
    18  form of declaration a supporting declaration in form prescribed
    19  by the Secretary of the Commonwealth, to be signed by the head
    20  of the department or chief of division or bureau in which the
    21  elector is employed, setting forth the identity of the elector,
    22  spouse of the elector or dependent of the elector.
    23     (3)  Any elector who has filed his application in accordance
    24  with section 1302 subsection (e)(2), and is unable to sign his
    25  declaration because of illness or physical disability, shall be
    26  excused from signing upon making a declaration which shall be
    27  witnessed by one adult person in substantially the following
    28  form: I hereby declare that I am unable to sign my declaration
    29  for voting my absentee ballot without assistance because I am
    30  unable to write by reason of my illness or physical disability.
    20070H1115B1344                 - 32 -     

     1  I have made or received assistance in making my mark in lieu of
     2  my signature.
     3                                     .....................(Mark)
     4  ...................................
     5               (Date)
     6                                 ...............................
     7                                      (Signature of Witness)
     8  ...................................
     9     (Complete Address of Witness)
    10     (4)  For those envelopes received from electors qualified in
    11  accordance with section 1301(a), (b), (c), (d), (e), (f), (g)
    12  and (h), such envelopes shall then be securely sealed and the
    13  elector shall send same by mail, postage prepaid, except where
    14  franked, or deliver it in person or by an individual authorized
    15  representative of an elector specifically authorized to deliver
    16  the elector's absentee ballot by a commercial delivery or
    17  courier service that accepts and delivers as an intermediary
    18  between third parties in the ordinary course of its business
    19  throughout the year documents and packages deliverable to a
    20  specific street address to the county board of elections.
    21     (a.1)  Any elector qualified in accordance with section
    22  1301(a), (b), (c), (d), (e), (f), (g) and (h) may vote in any
    23  election for any office by submitting a Federal Write-In
    24  Absentee Ballot prescribed by the Uniformed and Overseas
    25  Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924).
    26  The submission and processing of a Federal Write-In Absentee
    27  Ballot shall be governed by section 103 of the Uniformed and
    28  Overseas Citizens Absentee Voting Act or its successor and this
    29  act.
    30     (b)  In the event that any such elector, excepting an elector
    20070H1115B1344                 - 33 -     

     1  in military service or any elector unable to go to his polling
     2  place because of illness or physical disability, entitled to
     3  vote an official absentee ballot shall be in the municipality of
     4  his residence on the day for holding the primary or election for
     5  which the ballot was issued, or in the event any such elector
     6  shall have recovered from his illness or physical disability
     7  sufficiently to permit him to present himself at the proper
     8  polling place for the purpose of casting his ballot, such
     9  absentee ballot cast by such elector shall, be declared void.
    10     Any such elector referred to in this subsection, who is
    11  within the municipality of his residence, must present himself
    12  at his polling place and shall be permitted to vote upon
    13  presenting himself at his regular polling place in the same
    14  manner as he could have voted had he not received an absentee
    15  ballot: Provided, That such elector has first presented himself
    16  to the judge of elections in his local election district and
    17  shall have signed the affidavit on the absentee voter's
    18  temporary registration card, which affidavit shall be in
    19  substantially the following form:
    20     I hereby swear that I am a qualified registered elector who
    21  has obtained an absentee ballot, however, I am present in the
    22  municipality of my residence and physically able to present
    23  myself at my polling place and therefore request that my
    24  absentee ballot be voided.
    25                                  ..............................
    26          (Date)                      (Signature of Elector)
    27  .........................................
    28       (Local Judge of Elections)
    29     An elector who has received an absentee ballot under the
    30  emergency application provisions of section 1302.1, and for
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     1  whom, therefore, no temporary absentee voter's registration card
     2  is in the district register, shall sign the aforementioned
     3  affidavit in any case, which the local judge of elections shall
     4  then cause to be inserted in the district register with the
     5  elector's permanent registration card.
     6     Section 13.  Section 1308 of the act, amended December 11,
     7  1968 (P.L.1183, No.375), February 13, 1998 (P.L.72, No.18) and
     8  December 9, 2002 (P.L.1246, No.150) and November 9, 2006
     9  (P.L.1330, No.137), is amended to read:
    10     Section 1308.  Canvassing of Official Absentee Ballots.--(a)
    11  The county boards of election, upon receipt of official absentee
    12  ballots in [such] official envelopes, shall safely keep the same
    13  in sealed or locked containers until they distribute same to the
    14  appropriate local election districts in a manner prescribed by
    15  the Secretary of the Commonwealth.
    16     Except as provided in section 1302.1(a.2), the county board
    17  of elections shall then distribute the absentee ballots,
    18  unopened, to the absentee voter's respective election district
    19  concurrently with the distribution of the other election
    20  supplies. Absentee ballots shall be canvassed immediately and
    21  continuously without interruption until completed after the
    22  close of the polls on the day of the election in each election
    23  district. The results of the canvass of the absentee ballots
    24  shall then be included in and returned to the county board with
    25  the returns of that district. Except as provided in section
    26  1302.1(a.2) and subsection (g), no absentee ballot shall be
    27  counted which is received in the office of the county board of
    28  election later than five o'clock P.M. on the Friday immediately
    29  preceding the primary or November election[.], except that the
    30  ballots received from electors qualified in accordance with
    20070H1115B1344                 - 35 -     

     1  section 1301(a), (b), (c), (d), (e), (f), (g) and (h) shall be
     2  canvassed if received by eight o'clock P. M. on the day of the
     3  election or by the seventh day following the election if such
     4  absentee ballot carries a postmark dated no later than the day
     5  before the election.
     6     (a.1)  Absentee ballots received from electors qualified in
     7  accordance with section 1301(a), (b), (c), (d), (e), (f), (g)
     8  and (h) after the duplicate list was prepared and distributed to
     9  the local election boards in accordance with section 1302.3(b.1)
    10  and (c) but up until eight o'clock P. M. the day of the primary
    11  or election ballots shall be canvassed at the official canvass
    12  required for each election as required by section 1403. In all
    13  cases where absentee ballots are received after the duplicate
    14  list was prepared and distributed to the local election boards
    15  in accordance with section 1302.3(b.1) but up until eight
    16  o'clock P.M. the day of the primary or election, the county
    17  board of elections shall examine the voting check list of the
    18  election district of said elector's residence and satisfy itself
    19  that such elector did not cast any ballot other than the one
    20  properly issued to him under his absentee ballot application. In
    21  all cases where such examination discloses that an elector did
    22  vote a ballot other than the one properly issued to him under
    23  the absentee ballot application, the board of elections shall
    24  thereupon cancel said absentee ballot and said elector shall be
    25  subject to the penalties as set forth in this act.
    26     (b)  Each candidate for nomination or election shall be
    27  entitled to appoint one watcher and each political party or body
    28  which has nominated candidates shall be entitled to appoint two
    29  watchers to be present at each canvass of absentee ballots.
    30  Watchers shall be permitted to be present when the envelopes
    20070H1115B1344                 - 36 -     

     1  containing official absentee ballots are opened and when such
     2  ballots are counted and recorded.
     3     (b.1)  In all election districts in which electronic voting
     4  systems are used, absentee ballots shall be opened at the
     5  election district, checked for write-in votes in accordance with
     6  section 1113-A and then either hand-counted or counted by means
     7  of the automatic tabulation equipment, whatever the case may be.
     8     (d)  Whenever it shall appear by due proof that any absentee
     9  elector who has returned his ballot in accordance with the
    10  provisions of this act has died prior to the opening of the
    11  polls on the day of the primary or election, the ballot of such
    12  deceased elector shall be rejected by the canvassers but the
    13  counting of the ballot of an elector thus deceased shall not of
    14  itself invalidate any nomination or election.
    15     (e)  At such time the local election board shall then further
    16  examine the declaration on each envelope not so set aside and
    17  shall compare the information thereon with that contained in the
    18  "Registered Absentee Voters File," the absentee voters' list and
    19  the "Military Veterans and Emergency Civilians Absentee Voters
    20  File." If the local election board is satisfied that the
    21  declaration is sufficient and the information contained in the
    22  "Registered Absentee Voters File," the absentee voters' list and
    23  the "Military Veterans and Emergency Civilians Absentee Voters
    24  File" verifies his right to vote, the local election board shall
    25  announce the name of the elector and shall give any watcher
    26  present an opportunity to challenge any absentee elector upon
    27  the ground or grounds (1) that the absentee elector is not a
    28  qualified elector; or (2) that the absentee elector was within
    29  the municipality of his residence on the day of the primary or
    30  election during the period the polls were open, except where he
    20070H1115B1344                 - 37 -     

     1  was in military service or except in the case where his ballot
     2  was obtained for the reason that he was unable to appear
     3  personally at the polling place because of illness or physical
     4  disability; or (3) that the absentee elector was able to appear
     5  personally at the polling place on the day of the primary or
     6  election during the period the polls were open in the case his
     7  ballot was obtained for the reason that he was unable to appear
     8  personally at the polling place because of illness or physical
     9  disability. Upon challenge of any absentee elector, as set forth
    10  herein the local election board shall mark "challenged" on the
    11  envelope together with the reason or reasons therefor, and the
    12  same shall be set aside for return to the county board unopened
    13  pending decision by the county board and shall not be counted.
    14  All absentee ballots not challenged for any of the reasons
    15  provided herein shall be counted and included with the general
    16  return of paper ballots or voting machines, as the case may be
    17  as follows. Thereupon, the local election board shall open the
    18  envelope of every unchallenged absentee elector in such manner
    19  as not to destroy the declaration executed thereon. All of such
    20  envelopes on which are printed, stamped or endorsed the words
    21  "Official Absentee Ballot" shall be placed in one or more
    22  depositories at one time and said depository or depositories
    23  well shaken and the envelopes mixed before any envelope is taken
    24  therefrom. If any of these envelopes shall contain any
    25  extraneous marks or identifying symbols other than the words
    26  "Official Absentee Ballot," the envelopes and the ballots
    27  contained therein shall be set aside and declared void. The
    28  local election board shall then break the seals of such
    29  envelopes, remove the ballots and record the votes in the same
    30  manner as district election officers are required to record
    20070H1115B1344                 - 38 -     

     1  votes. With respect to the challenged ballots, they shall be
     2  returned to the county board with the returns of the local
     3  election district where they shall be placed unopened in a
     4  secure, safe and sealed container in the custody of the county
     5  board until it shall fix a time and place for a formal hearing
     6  of all such challenges and notice shall be given where possible
     7  to all absentee electors thus challenged and to every attorney,
     8  watcher or candidate who made such challenge. The time for the
     9  hearing shall not be later than seven (7) days after the date of
    10  said challenge. On the day fixed for said hearing, the county
    11  board shall proceed without delay to hear said challenges and,
    12  in hearing the testimony, the county board shall not be bound by
    13  technical rules of evidence. The testimony presented shall be
    14  stenographically recorded and made part of the record of the
    15  hearing. The decision of the county board in upholding or
    16  dismissing any challenge may be reviewed by the court of common
    17  pleas of the county upon a petition filed by any person
    18  aggrieved by the decision of the county board. Such appeal shall
    19  be taken, within two (2) days after such decision shall have
    20  been made, whether reduced to writing or not, to the court of
    21  common pleas setting forth the objections to the county board's
    22  decision and praying for an order reversing same. Pending the
    23  final determination of all appeals, the county board shall
    24  suspend any action in canvassing and computing all challenged
    25  ballots irrespective of whether or not appeal was taken from the
    26  county board's decision. Upon completion of the computation of
    27  the returns of the county, the votes cast upon the challenged
    28  official absentee ballots shall be added to the other votes cast
    29  within the county.
    30     (e.1)  Absentee ballots cast by electors qualified in
    20070H1115B1344                 - 39 -     

     1  accordance with section 1301(a), (b), (c), (d), (e), (f), (g)
     2  and (h) and received after the canvass required by subsection
     3  (a) but by the seventh day following the election which are
     4  postmarked no later than the day before the election shall be
     5  canvassed in a separate canvass to occur no later than eight (8)
     6  days after the election to be conducted in accordance with the
     7  procedures required by this section for the first canvass of
     8  absentee ballots. Such absentee ballots shall be subject to the
     9  challenge procedures specified in subsection (e). The board
    10  shall add the results for the second canvass to the totals of
    11  the first canvass by election district.
    12     (f)  Any person challenging an application for an absentee
    13  ballot or an absentee ballot for any of the reasons provided in
    14  this act shall deposit the sum of ten dollars ($10.00) in cash
    15  with the local election board, in cases of challenges made to
    16  the local election board and with the county board in cases of
    17  challenges made to the county board for which he shall be issued
    18  a receipt for each challenge made, which sum shall only be
    19  refunded if the challenge is sustained or if the challenge is
    20  withdrawn within [five (5) days] ten (10) days after the primary
    21  or election. If the challenge is dismissed by any lawful order
    22  then the deposit shall be forfeited. All deposit money received
    23  by the local election board shall be turned over to the county
    24  board simultaneously with the return of the challenged ballots.
    25  The county board shall deposit all deposit money in the general
    26  fund of the county.
    27     Notice of the requirements of subsection (b) of section 1306
    28  shall be printed on the envelope for the absentee ballot.
    29     Section 14.  Section 1309 of the act, amended August 13, 1963
    30  (P.L.707, No.379), is amended to read:
    20070H1115B1344                 - 40 -     

     1     Section 1309.  Public Records.--All official absentee
     2  ballots, files, applications for such ballots and envelopes on
     3  which the executed declarations appear, and all information and
     4  lists are hereby designated and declared to be public records
     5  and shall be safely kept for a period of two years, except that
     6  no information concerning a military elector shall be made
     7  public which is expressly forbidden by the [War] Department of
     8  Defense because of military security.
     9     Section 15.  Section 1404(a) of the act, amended October 8,
    10  2004 (P.L.807, No.97), is amended to read:
    11     Section 1404.  Computation of Returns by County Board;
    12  Certification; Issuance of Certificates of Election.--
    13     (a)  The county board shall, at nine o'clock A. M. on the
    14  third day following the primary or election, at its office or at
    15  some other convenient public place at the county seat, of which
    16  due notice shall have been given as provided by section 1403,
    17  publicly commence the computation and canvassing of the returns,
    18  and continue the same from day to day until completed, in the
    19  manner hereinafter provided. For this purpose any county board
    20  may organize itself into sections, each of which may
    21  simultaneously proceed with the computation and canvassing of
    22  the returns from various districts of the county in the manner
    23  provided by this section. The return board shall reconvene at
    24  nine o'clock A. M. on the eighth day following the election to
    25  canvass absentee ballots received no later than the seventh day
    26  following the election which are postmarked the day before the
    27  election. Upon the completion of such computation and
    28  canvassing, the board shall tabulate the figures for the entire
    29  county and sign, announce and attest the same, as required by
    30  this section.
    20070H1115B1344                 - 41 -     

     1     * * *
     2     Section 16.  Section 1626(d) of the act, amended July 11,
     3  1980 (P.L.600, No.128), is amended to read:
     4     Section 1626.  Reporting by Candidate and Political
     5  Committees and other Persons.--
     6     * * *
     7     (d)  Pre-election reports by candidates for offices to be
     8  voted for by the electors of the State at large and all
     9  political committees, which have expended money for the purpose
    10  of influencing the election of such candidate, shall be filed
    11  not later than the sixth Tuesday before and the second Friday
    12  before an election, provided that the initial pre-election
    13  report shall be complete as of fifty (50) days prior to the
    14  election and the subsequent pre-election report shall be
    15  complete as of [fifteen (15)] eighteen (18) days prior to the
    16  election. Pre-election reports by all other candidates and
    17  political committees which have received contributions or made
    18  expenditures for the purpose of influencing an election shall be
    19  filed not later than the second Friday before an election,
    20  provided that such report be complete as of [fifteen (15)]
    21  eighteen (18) days prior to the election.
    22     * * *
    23     Section 17.  The act is amended by adding sections to read:
    24     Section 1819.1.  Misleading Mailings.--A person who wilfully
    25  sends a mailing that provides deliberately misleading
    26  information regarding the date of the election or the location
    27  of polling places shall be sentenced to pay a fine not exceeding
    28  fifteen thousand dollars ($15,000), or to undergo a term of
    29  imprisonment of not more than seven (7) years, or both.
    30     Section 1827.1.  Unlawful Interference with Voter
    20070H1115B1344                 - 42 -     

     1  Registration.--(a)  Any person who interferes or attempts to
     2  interfere with another person's right to vote at any primary or
     3  election, by knowingly failing to submit a completed voter
     4  registration application to the registration commission, shall
     5  be guilty of a misdemeanor of the first degree and, upon
     6  conviction thereof, shall be sentenced to pay a fine not
     7  exceeding fifteen thousand dollars ($15,000) or to undergo a
     8  term of imprisonment of not more than seven (7) years, or both,
     9  at the discretion of the court.
    10     (b)  Any person who interferes or attempts to interfere with
    11  another person's right to vote at any primary or election, by
    12  knowingly submitting false information about that other person
    13  to the registration commission, shall be guilty of a misdemeanor
    14  of the first degree and, upon conviction thereof, shall be
    15  sentenced to pay a fine not exceeding fifteen thousand dollars
    16  ($15,000) or to undergo a term of imprisonment of not more than
    17  seven (7) years, or both, at the discretion of the court.
    18     Section 18.  This act shall apply to the first election which
    19  occurs not later than 90 days following the effective date of
    20  this section.
    21     Section 19.  This act shall take effect immediately.






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