THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, BELFANTI, BRENNAN, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GERGELY, JOSEPHS, KORTZ, KULA, MANDERINO, MUNDY, MUSTIO, PAYTON, SANTARSIERO, SANTONI, SIPTROTH, K. SMITH AND VULAKOVICH, MAY 29, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 2009  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," further providing for voting by absentee

electors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1306(a) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

amended November 9, 2006 (P.L.1330, No.137), is amended to read:

Section 1306.  Voting by Absentee Electors.--(a)  Except as

provided in paragraphs (1), (2) and (3), at any time after

receiving an official absentee ballot, but on or before [five

o'clock P.M.] the close of business on the [Friday] Monday prior

to the primary or election, the elector shall, in secret,

proceed to mark the ballot only in black lead pencil, indelible

pencil or blue, black or blue-black ink, in fountain pen or ball

point pen, and then fold the ballot, enclose and securely seal

the same in the envelope on which is printed, stamped or

endorsed "Official Absentee [Ballot."] Ballot": Provided,

however, That any elector who submits an emergency application

and receives an absentee ballot in accordance with section

1302.1 shall mark the ballot on or before the close of business

on the day of the primary or election.

(1)  Any elector who submits an Emergency Application and

receives an absentee ballot in accordance with section

1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. This

envelope shall then be placed in the second one, on which is

printed the form of declaration of the elector, and the address

of the elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

(2)  Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

by the Secretary of the Commonwealth, to be signed by the head

of the department or chief of division or bureau in which the

elector is employed, setting forth the identity of the elector,

spouse of the elector or dependent of the elector.

(3)  Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

declaration because of illness or physical disability, shall be

excused from signing upon making a declaration which shall be

witnessed by one adult person in substantially the following

form: I hereby declare that I am unable to sign my declaration

for voting my absentee ballot without assistance because I am

unable to write by reason of my illness or physical disability.

I have made or received assistance in making my mark in lieu of

my signature.

                                   .....................(Mark)

...................................

             (Date)

                               ...............................

                                    (Signature of Witness)

...................................

   (Complete Address of Witness)

* * *

Section 2.  This act shall apply to all elections conducted

after December 31, 2009, or the effective date of this act,

whichever is later.

Section 3.  This act shall take effect in 60 days.