SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, AUMENT, BARRAR, BOYD, CAUSER, CLYMER, COX, CREIGHTON, CRUZ, CUTLER, DENLINGER, DUNBAR, ELLIS, EVANKOVICH, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GRELL, GROVE, HELM, HICKERNELL, KAUFFMAN, KNOWLES, KRIEGER, MAHER, MARSHALL, MILLARD, MOUL, PEIFER, PERRY, PETRI, PICKETT, PYLE, RAPP, REED, ROAE, SACCONE, SAYLOR, SCHRODER, SIMMONS, SONNEY, STEVENSON, TALLMAN, TRUITT, VULAKOVICH AND REICHLEY, MARCH 4, 2011

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, DECEMBER 12, 2011   

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," in preliminary provisions, defining "proof of

<--

identification"; in the Secretary of the Commonwealth,

providing for requirements relating to voter identification;

and, in preparation for and conduct of primaries and

elections, further providing for manner of applying to vote,

persons entitled to vote, voter's certificates, entries to be

made in district register, numbered lists of voters and

challenges in preliminary provisions, defining "proof of

<--

identification"; in the Secretary of the Commonwealth,

providing for requirements relating to voter identification; 

in preparation for and conduct of primaries and elections,

further providing for manner of applying to vote, persons

entitled to vote, voter's certificates, entries to be made in

district register, numbered lists of voters and challenges;

in voting by qualified absentee electors, further providing

for applications for official absentee ballots, for approval

of application for absentee ballot, for delivering or mailing

ballots, for canvassing of official absentee ballots and for

public records; and providing for enforcement and for a

special procedure at certain elections.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of the act of June 3, 1937 (P.L.1333,

<--

No.320), known as the Pennsylvania Election Code, is amended by

adding a definition to read:

Section 102.  Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.5)  The words "proof of identification" shall mean

:

(1)  In the case of an elector who has a religious objection

to being photographed, a valid-without-photo driver's license or

a valid-without-photo identification card issued by the

Department of Transportation.

(2)  In the case of all other electors, a document that:

(i)  shows the name of the individual to whom the document

was issued and the name conforms to the name of the individual

as it appears in the district register;

(ii)  shows a photograph of the individual to whom the

document was issued;

(iii)  includes an expiration date;

(iv)  is not expired or expired after the date of the most

recent general election; and

(v)  was issued by the United States or the Commonwealth.

Section 2.  The act is amended by adding a section to read:

Section 206.  Requirements Relating to Voter

Identification.--(a)  The Secretary of the Commonwealth shall

prepare and disseminate information to the public regarding the 

proof of identification requirements established under section

1210.

(b)  Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)

(relating to issuance and content of driver's license) to the

contrary, the Department of Transportation shall issue an

identification card described in 75 Pa.C.S. § 1510(b) at no cost

to any registered elector who has made application therefor and

has included with the completed application a statement signed

by the elector declaring that the elector does not possess proof

of identification and requires proof of identification for

voting purposes.

(c)  The Secretary of the Commonwealth shall prepare the form

of the statement described in subsection (b) and shall

distribute the form to the counties and the Department of

Transportation. The Secretary of the Commonwealth, the Secretary

of Transportation and the county boards of election shall

disseminate information to the public regarding the availability

of identification cards under subsection (b).

Section 3.  Section 1210(a), (a.1), (a.2), (a.3) and (a.4)(1)

and (5) of the act, amended October 8, 2004 (P.L.807, No.97) and

May 12, 2006 (P.L.178, No.45),  are amended and the section is

amended by adding a subsection to read:

Section 1210.  Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

Register; Numbered Lists of Voters; Challenges.--(a)  [At] 

Except as otherwise provided in subsection (a.1), at every

primary and election each elector who appears to vote [in that

election district for the first time] and who desires to vote

shall first present to an election officer [one of the following

forms of photo identification:

(1)  a valid driver's license or identification card issued

by the Department of Transportation;

(2)  a valid identification card issued by any other agency

of the Commonwealth;

(3)  a valid identification card issued by the United States

Government;

(4)  a valid United States passport;

(5)  a valid student identification card;

(6)  a valid employe identification card; or

(7)  a valid armed forces of the United States identification

card] proof of identification.

The election officer shall examine the proof of identification

presented by the elector and sign an affidavit stating that this

has been done.

(a.1)  [Where the elector does not have a photo

identification as provided for in subsection (a), the elector

shall present for examination one of the following forms of

identification that shows the name and address of the elector:

(1)  nonphoto identification issued by the Commonwealth, or

any agency thereof;

(2)  nonphoto identification issued by the United States

Government, or agency thereof;

(3)  a firearm permit;

(4)  a current utility bill;

(5)  a current bank statement;

(6)  a paycheck;

(7)  a government check.

The election officer shall examine the identification presented

by the elector and sign an affidavit stating that this has been

done.] In the case of an elector who resides in a care facility

and votes in a polling place that is located in the care

facility, the following shall apply:

(1)  For the primary or election at which the elector appears

to vote in the election district for the first time, the elector

shall first present to an election officer proof of

identification.

(2)  The election officer shall examine the proof of

identification presented by the elector and sign an affidavit

stating that this has been done.

(a.2)  If the elector is unable to produce proof of

identification:

 (1)  on the grounds that the elector is indigent and unable

to obtain proof of identification without the payment of a fee;

or

 (2)  on any other grounds

or the elector's proof of identification is challenged by the

judge of elections, the elector shall be permitted to cast a

provisional ballot in accordance with subsection (a.4).

(a.3)  (1)  All electors, including any elector that shows

proof of identification pursuant to subsection (a), shall

subsequently sign a voter's certificate in blue, black or blue-

black ink with a fountain pen or ball point pen, and, unless he

is a State or Federal employe who has registered under any

registration act without declaring his residence by street and

number, he shall insert his address therein, and hand the same

to the election officer in charge of the district register.

(2)  Such election officer shall thereupon announce the

elector's name so that it may be heard by all members of the

election board and by all watchers present in the polling place

and shall compare the elector's signature on his voter's

certificate with his signature in the district register. If,

upon such comparison, the signature upon the voter's certificate

appears to be genuine, the elector who has signed the

certificate shall, if otherwise qualified, be permitted to vote:

Provided, That if the signature on the voter's certificate, as

compared with the signature as recorded in the district

register, shall not be deemed authentic by any of the election

officers, such elector shall not be denied the right to vote for

that reason, but shall be considered challenged as to identity

and required to make the affidavit and produce the evidence as

provided in subsection (d) of this section.

(3)  When an elector has been found entitled to vote, the

election officer who examined his voter's certificate and

compared his signature shall sign his name or initials on the

voter's certificate, shall, if the elector's signature is not

readily legible, print such elector's name over his signature,

and the number of the stub of the ballot issued to him or his

number in the order of admission to the voting machines, and at

primaries a letter or abbreviation designating the party in

whose primary he votes shall also be entered by one of the

election officers or clerks.

(4)  As each voter is found to be qualified and votes, the

election officer in charge of the district register shall write

or stamp the date of the election or primary, the number of the

stub of the ballot issued to him or his number in the order of

admission to the voting machines, and at primaries a letter or

abbreviation designating the party in whose primary he votes,

and shall sign his name or initials in the proper space on the

registration card of such voter contained in the district

register.

(5)  As each voter votes, his name in the order of voting

shall be recorded in two (2) numbered lists of voters provided

for that purpose, with the addition of a note of each voter's

party enrollment after his name at primaries.

(a.4)  (1)  At all elections an individual who claims to be

properly registered and eligible to vote at the election

district but whose name does not appear on the district register

and whose registration cannot be determined by the inspectors of

election or the county election board shall be permitted to cast

a provisional ballot. Individuals who [are voting for the first

time at the election district] appear to vote shall be required

to produce proof of identification pursuant to subsection (a) or

(a.1) and if unable to do so shall be permitted to cast a

provisional ballot. An individual presenting a judicial order to

vote shall be permitted to cast a provisional ballot.

* * *

(5)  (i)  Except as provided in subclause (ii), if it is

determined that the individual was registered and entitled to

vote at the election district where the ballot was cast, the

county board of elections shall compare the signature on the

provisional ballot envelope with the signature on the elector's

registration form and, if the signatures are determined to be

genuine, shall count the ballot if the county board of elections

confirms that the individual did not cast any other ballot,

including an absentee ballot, in the election.

(ii)  A provisional ballot shall not be counted if:

(A)  either the provisional ballot envelope under clause (3)

or the affidavit under clause (2) is not signed by the

individual;

(B)  the signature required under clause (3) and the

signature required under clause (2) are either not genuine or

are not executed by the same individual; [or]

(C)  a provisional ballot envelope does not contain a secrecy

envelope;

 (D)  in the case of a provisional ballot that was cast under

subsection (a.2)(2), the elector fails to appear before the

county board of elections within six calendar days following the

election to execute an affidavit affirming, under penalty of

perjury, that the elector is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot and that the elector is

indigent and unable to obtain proof of identification without

the payment of a fee; or

 (E)  in the case of a provisional ballot that was cast under

subsection (a.2)(3), the elector fails to appear before the

county board of elections within six calendar days following the

election to present proof of identification and execute an

affidavit affirming, under penalty of perjury, that the elector

is the same individual who personally appeared before the

district election board on the day of the election and cast a

provisional ballot.

(iii)  One authorized representative of each candidate in an

election and one representative from each party shall be

permitted to remain in the room in which deliberation or

determination of subclause (ii) is being made.

* * *

(f)  As used in this section, "care facility" means any of

the following:

(1)  A long-term care nursing facility as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

"Health Care Facilities Act."

(2)  An assisted living residence as defined in section 1001

of the act of June 13, 1967 (P.L.31, No.21), known as the

"Public Welfare Code."

Section 4.  The amendment of section 1210 of the act shall

apply to elections held after January 1, 2012.

Section 5.  This act shall take effect July 1, 2011, or

immediately, whichever is later.

Section 1.  Section 102 of the act of June 3, 1937 (P.L.1333,

<--

No.320), known as the Pennsylvania Election Code, is amended by

adding a definition to read:

Section 102.  Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.5)  The words "proof of identification" shall mean:

(1)  In the case of an elector who has a religious objection

to being photographed, a valid-without-photo driver's license or

a valid-without-photo identification card issued by the

Department of Transportation.

(2)  For an elector who appears to vote under section 1210, a

document that:

(i)  shows the name of the individual to whom the document

was issued and the name substantially conforms to the name of

the individual as it appears in the district register;

(ii)  shows a photograph of the individual to whom the

document was issued;

(iii)  includes an expiration date and is not expired,

except:

(A)  for a document issued by the Department of

Transportation which is not more than twelve (12) months past

the expiration date; or

(B)  in the case of a document from an agency of the Armed

forces of the United States or their reserve components,

including the Pennsylvania National Guard, establishing that the

elector is a current member of or a veteran of the United States

Armed Forces or National Guard  which does not designate a

specific date on which the document, but includes a designation

that the expiration date is indefinite; and

(iv)  was issued by one of the following:

(A)  The United States Government.

(B)  The Commonwealth of Pennsylvania.

(C)  An accredited Pennsylvania public or private institution

of higher learning.

(D)  A Pennsylvania care facility.

(3)  For a qualified absentee elector under section 1301:

(i)  in the case of an elector who has been issued a current

and valid driver's license, the elector's driver's license

number;

(ii)  in the case of an elector who has not been issued a

current and valid driver's license, the last four digits of the

elector's Social Security number;

(iii)  in the case of an elector who has a religious

objection to being photographed, a copy of a document that

satisfies paragraph (1); or

(iv)  in the case of an elector who has not been issued a

current and valid driver's license or Social Security number, a

copy of a document that satisfies paragraph (2).

Section 2.  The act is amended by adding a section to read:

Section 206.  Requirements Relating to Voter

Identification.--(a)  The Secretary of the Commonwealth shall

prepare and disseminate information to the public regarding the 

proof of identification requirements established under sections

1210 and 1302.

(b)  Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)

(relating to issuance and content of driver's license) to the

contrary, the Department of Transportation shall issue an

identification card described in 75 Pa.C.S. § 1510(b) at no cost

to any registered elector who has made application therefor and

has included with the completed application a statement signed

by the elector declaring under oath or affirmation that the

elector does not possess proof of identification as defined in

section 102(z.5)(2) and requires proof of identification for

voting purposes.

(c)  The Secretary of the Commonwealth shall prepare the form

of the statement described in subsection (b) and shall

distribute the form to the counties and the Department of

Transportation. The Secretary of the Commonwealth, the Secretary

of Transportation and the county boards of election shall

disseminate information to the public regarding the availability

of identification cards under subsection (b).

Section 3.  Section 1210(a), (a.1), (a.2), (a.3) and (a.4)(1)

and (5) of the act, amended October 8, 2004 (P.L.807, No.97) and

May 12, 2006 (P.L.178, No.45), are amended and the section is

amended by adding a subsection to read:

Section 1210.  Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

Register; Numbered Lists of Voters; Challenges.--(a)  At every

primary and election each elector who appears to vote [in that

election district for the first time] and who desires to vote

shall first present to an election officer [one of the following

forms of photo identification:

(1)  a valid driver's license or identification card issued

by the Department of Transportation;

(2)  a valid identification card issued by any other agency

of the Commonwealth;

(3)  a valid identification card issued by the United States

Government;

(4)  a valid United States passport;

(5)  a valid student identification card;

(6)  a valid employe identification card; or

(7)  a valid armed forces of the United States identification

card] proof of identification.

The election officer shall examine the proof of identification

presented by the elector and sign an affidavit stating that this

has been done.

(a.1)  [Where the elector does not have a photo

identification as provided for in subsection (a), the elector

shall present for examination one of the following forms of

identification that shows the name and address of the elector:

(1)  nonphoto identification issued by the Commonwealth, or

any agency thereof;

(2)  nonphoto identification issued by the United States

Government, or agency thereof;

(3)  a firearm permit;

(4)  a current utility bill;

(5)  a current bank statement;

(6)  a paycheck;

(7)  a government check.

The election officer shall examine the identification presented

by the elector and sign an affidavit stating that this has been

done.]

(a.2)  [If the elector is unable to produce identification or

the elector's identification is challenged by the judge of

elections, the elector shall be permitted to cast a provisional

ballot in accordance with subsection (a.4).] If any of the

following apply the elector shall be permitted to cast a

provisional ballot in accordance with subsection (a.4):

(1)  The elector is unable to produce proof of

identification:

(i)  on the grounds that the elector is indigent and unable

to obtain proof of identification without the payment of a fee;

or

(ii)  on any other grounds.

(2)  The elector's proof of identification is challenged by

the judge of elections.

(a.3)  (1)  All electors, including any elector that shows

proof of identification pursuant to subsection (a), shall

subsequently sign a voter's certificate in blue, black or blue-

black ink with a fountain pen or ball point pen, and, unless he

is a State or Federal employe who has registered under any

registration act without declaring his residence by street and

number, he shall insert his address therein, and hand the same

to the election officer in charge of the district register.

(2)  Such election officer shall thereupon announce the

elector's name so that it may be heard by all members of the

election board and by all watchers present in the polling place

and shall compare the elector's signature on his voter's

certificate with his signature in the district register. If,

upon such comparison, the signature upon the voter's certificate

appears to be genuine, the elector who has signed the

certificate shall, if otherwise qualified, be permitted to vote:

Provided, That if the signature on the voter's certificate, as

compared with the signature as recorded in the district

register, shall not be deemed authentic by any of the election

officers, such elector shall not be denied the right to vote for

that reason, but shall be considered challenged as to identity

and required to make the affidavit and produce the evidence as

provided in subsection (d) of this section.

(3)  When an elector has been found entitled to vote, the

election officer who examined his voter's certificate and

compared his signature shall sign his name or initials on the

voter's certificate, shall, if the elector's signature is not

readily legible, print such elector's name over his signature,

and the number of the stub of the ballot issued to him or his

number in the order of admission to the voting machines, and at

primaries a letter or abbreviation designating the party in

whose primary he votes shall also be entered by one of the

election officers or clerks.

(4)  As each voter is found to be qualified and votes, the

election officer in charge of the district register shall write

or stamp the date of the election or primary, the number of the

stub of the ballot issued to him or his number in the order of

admission to the voting machines, and at primaries a letter or

abbreviation designating the party in whose primary he votes,

and shall sign his name or initials in the proper space on the

registration card of such voter contained in the district

register.

(5)  As each voter votes, his name in the order of voting

shall be recorded in two (2) numbered lists of voters provided

for that purpose, with the addition of a note of each voter's

party enrollment after his name at primaries.

(a.4)  (1)  At all elections an individual who claims to be

properly registered and eligible to vote at the election

district but whose name does not appear on the district register

and whose registration cannot be determined by the inspectors of

election or the county election board shall be permitted to cast

a provisional ballot. Individuals who [are voting for the first

time at the election district] appear to vote shall be required

to produce proof of identification pursuant to subsection (a)

[or (a.1)] and if unable to do so shall be permitted to cast a

provisional ballot. An individual presenting a judicial order to

vote shall be permitted to cast a provisional ballot.

* * *

(5)  (i)  Except as provided in subclause (ii), if it is

determined that the individual was registered and entitled to

vote at the election district where the ballot was cast, the

county board of elections shall compare the signature on the

provisional ballot envelope with the signature on the elector's

registration form and, if the signatures are determined to be

genuine, shall count the ballot if the county board of elections

confirms that the individual did not cast any other ballot,

including an absentee ballot, in the election.

(ii)  A provisional ballot shall not be counted if:

(A)  either the provisional ballot envelope under clause (3)

or the affidavit under clause (2) is not signed by the

individual;

(B)  the signature required under clause (3) and the

signature required under clause (2) are either not genuine or

are not executed by the same individual; [or]

(C)  a provisional ballot envelope does not contain a secrecy

envelope;

(D)  in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

election the elector fails to appear before the county board of

elections to execute an affirmation or the county board of

elections does not receive an electronic, facsimile or paper

copy of an affirmation affirming, under penalty of perjury, that

the elector is the same individual who personally appeared

before the district election board on the day of the election

and cast a provisional ballot and that the elector is indigent

and unable to obtain proof of identification without the payment

of a fee; or

(E)  in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the elector fails to appear before the county board of

elections to present proof of identification and execute an

affirmation or the county board of elections does not receive an

electronic, facsimile or paper copy of the proof of

identification and an affirmation affirming, under penalty of

perjury, that the elector is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot.

(iii)  One authorized representative of each candidate in an

election and one representative from each party shall be

permitted to remain in the room in which deliberation or

determination of subclause (ii) is being made.

* * *

(f)  As used in this section, "care facility" means any of

the following:

(1)  A long-term care nursing facility as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

"Health Care Facilities Act."

(2)  An assisted living residence or a personal care home as

defined in section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the "Public Welfare Code."

Section 4.  Section 1302(e) and (e.2) of the act, amended

February 13, 1998 (P.L.72, No.18), are amended and the section

is amended by adding a subsection to read:

Section 1302.  Applications for Official Absentee Ballots.--*

* *

(e)  Any qualified bedridden or hospitalized veteran absent

from the municipality of his residence and unable to attend his

polling place because of such illness or physical disability,

regardless of whether he is registered or enrolled, may apply at

any time before any primary or election for an official absentee

ballot on any official county board of election form addressed

to the Secretary of the Commonwealth of Pennsylvania or the

county board of elections of the county in which his voting

residence is located.

The application shall contain the following information:

Residence at the time of becoming bedridden or hospitalized,

length of time a citizen, length of residence in Pennsylvania,

date of birth, length of time a resident in voting district,

voting district if known, party choice in case of primary, name

and address of present residence or hospital at which

hospitalized. When such application is received by the Secretary

of the Commonwealth, it shall be forwarded to the proper county

board of elections.

The application for an official absentee ballot for any

primary or election shall be made on information supplied over

the signature of the bedridden or hospitalized veteran as

required in the preceding subsection. Any qualified registered

elector, including a spouse or dependent referred to in

subsection (l) of section 1301, who expects to be or is absent

from the municipality of his residence because his duties,

occupation or business require him to be elsewhere on the day of

any primary or election and any qualified registered elector who

is unable to attend his polling place on the day of any primary

or election because of illness or physical disability and any

qualified registered bedridden or hospitalized veteran in the

county of residence, or in the case of a county employe who

cannot vote due to duties on election day relating to the

conduct of the election, or in the case of a person who will not

attend a polling place because of the observance of a religious

holiday, may apply to the county board of elections of the

county in which his voting residence is located for an Official

Absentee Ballot. Such application shall be made upon an official

application form supplied by the county board of elections. Such

official application form shall be determined and prescribed by

the Secretary of the Commonwealth of Pennsylvania.

(1)  The application of any qualified registered elector,

including spouse or dependent referred to in subsection (l) of

section 1301, who expects to be or is absent from the

municipality of his residence because his duties, occupation or

business require him to be elsewhere on the day of any primary

or election, or in the case of a county employe who cannot vote

due to duties on election day relating to the conduct of the

election, or in the case of a person who will not attend a

polling place because of the observance of a religious holiday,

shall be signed by the applicant and shall include the surname

and given name or names of the applicant, proof of

identification, his occupation, date of birth, length of time a

resident in voting district, voting district if known, place of

residence, post office address to which ballot is to be mailed,

the reason for his absence, and such other information as shall

make clear to the county board of elections the applicant's

right to an official absentee ballot.

(2)  The application of any qualified registered elector who

is unable to attend his polling place on the day of any primary

or election because of illness or physical disability and the

application of any qualified registered bedridden or

hospitalized veteran in the county of residence shall be signed

by the applicant and shall include surname and given name or

names of the applicant, proof of identification, his occupation,

date of birth, residence at the time of becoming bedridden or

hospitalized, length of time a resident in voting district,

voting district if known, place of residence, post office

address to which ballot is to be mailed, and such other

information as shall make clear to the county board of elections

the applicant's right to an official ballot. In addition, the

application of such electors shall include a declaration stating

the nature of their disability or illness, and the name, office

address and office telephone number of their attending

physician: Provided, however, That in the event any elector

entitled to an absentee ballot under this subsection be unable

to sign his application because of illness or physical

disability, he shall be excused from signing upon making a

statement which shall be witnessed by one adult person in

substantially the following form: I hereby state that I am

unable to sign my application for an absentee ballot without

assistance because I am unable to write by reason of my illness

or physical disability. I have made or have received assistance

in making my mark in lieu of my signature.

* * *

(e.2)  Notwithstanding the other provisions of this act any

qualified elector who expects to be or is absent from the

municipality of his residence because his duties, occupation or

business require him to be elsewhere on the day of any election

or a county employe who cannot vote due to duties on election

day relating to the conduct of the election or a person who will

not attend a polling place because of the observance of a

religious holiday may make an application for an absentee ballot

by mail by sending a letter to the county board of elections in

the county in which his voting residence is located. The letter

shall be signed by the applicant and contain his name [and], 

place of residence and proof of identification.

* * *

(j)  Notwithstanding the provisions of this section requiring

proof of identification, a qualified absentee elector shall not

be required to provide proof of identification if the elector is

entitled to vote by absentee ballot under the Uniformed and

Overseas Citizens Absentee Voting Act (Public Law 99-410, 100

Stat. 924) or by an alternative ballot under the Voting

Accessibility for the Elderly and Handicapped Act (Public Law

98-435, 98 Stat. 1678).

Section 5.  Section 1302.2(c) and (d) of the act, amended

December 11, 1968 (P.L.1183, No.375), are amended and the

section is amended by adding a subsection to read:

Section 1302.2.  Approval of Application for Absentee

Ballot.--

* * *

(c) The county board of elections, upon receipt of any

application of a qualified elector required to be registered

under the provisions of preceding section 1301, shall determine

the qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

application with the information contained on the applicant's

permanent registration card. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked "approved." Such approval

decision shall be final and binding, except that challenges may

be made only on the ground that the applicant did not possess

the qualifications of an absentee elector. Such challenges must

be made to the county board of elections prior to 5:00 o'clock

P. M. on the first Friday prior to the election. When so

approved, the registration commission shall cause an absentee

voter's temporary registration card to be inserted in the

district register on top of and along with the permanent

registration card. The absentee voter's temporary registration

card shall be in the color and form prescribed in subsection (e)

of this section:

Provided, however, That the duties of the county boards of

elections and the registration commissions with respect to the

insertion of the absentee voter's temporary registration card of

any elector from the district register as set forth in section

1302.2 shall include only such applications and emergency

applications as are received on or before the first Tuesday

prior to the primary or election. In all cases where

applications are received after the first Tuesday prior to the

primary or election and before five o'clock P. M. on the first

Friday prior to the primary or election, the county board of

elections shall determine the qualifications of such applicant

by verifying the proof of identification and comparing the

information set forth on such application with the information

contained on the applicant's duplicate registration card on file

in the General Register (also referred to as the Master File) in

the office of the Registration Commission and shall cause the

name and residence (and at primaries, the party enrollment) to

be inserted in the Military, Veterans and Emergency Civilian

Absentee Voters File as provided in section 1302.3, subsection

(b). In addition, the local district boards of elections shall,

upon canvassing the official absentee ballots under section

1308, examine the voting check list of the election district of

said elector's residence and satisfy itself that such elector

did not cast any ballot other than the one properly issued to

him under his absentee ballot application. In all cases where

the examination of the local district board of elections

discloses that an elector did vote a ballot other than the one

properly issued to him under the absentee ballot application,

the local district board of elections shall thereupon cancel

said absentee ballot and said elector shall be subject to the

penalties as hereinafter set forth.

(d) In the event that any application for an official

absentee ballot is not approved by the county board of

elections, the elector shall be notified immediately to that

effect with a statement by the county board of the reasons for

the disapproval. For those applicants whose proof of

identification was not provided with the application or could

not be verified by the board, the board shall send notice to the

elector with the absentee ballot requiring the elector to

provide proof of identification with the absentee ballot or the

ballot will not be counted.

* * *

(f)  Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

Section 6.  Section 1305 of the act, amended August 13, 1963

(P.L.707, No.379) and December 17, 1990 (P.L.681, No.169), is

amended to read:

Section 1305.  Delivering or Mailing Ballots.--

(a)  The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (a) to (h),

inclusive, shall not later than fifty days prior to the day of

the primary or not later than seventy days prior to the day of

the election commence to deliver or mail to such elector who has

included with said application a statement that he or she is

unable to vote during the regular absentee balloting period by

reason of living or performing military service in an extremely

remote or isolated area of the world, and not later than forty-

five days prior to the day of the primary or election commence

to deliver or mail to all other such electors as provided for in

section 1301, subsections (a) to (h), inclusive, official

absentee ballots or special write-in absentee ballots as

prescribed by subsection (d) of section 1303 when official

absentee ballots are not yet printed; as additional applications

of such electors are received, the board shall deliver or mail

official absentee ballots or special write-in absentee ballots

when official absentee ballots are not yet printed to such

additional electors within forty-eight hours after approval of

their application. If the calling of a special election would

make it impossible to comply with the forty-five day delivery or

mailing requirement of this section, then the county board of

elections shall mail absentee ballots or special write-in

absentee ballots within five days of the county board's receipt

of the information necessary to prepare said ballots.

(b)  The county board of elections upon receipt and approval

of an application filed by any elector qualified in accordance

with the provisions of section 1301, subsections (i) to (l),

inclusive, shall commence to deliver or mail official absentee

ballots on the second Tuesday prior to the primary or election.

For those applicants whose proof of identification was not

provided with the application or could not be verified by the

board, the board shall send the notice required under section

1302.2(d) with the absentee ballot. As additional applications

are received and approved, the board shall deliver or mail

official absentee ballots to such additional electors within

forty-eight hours.

(c)  Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

Section 7.  Section 1308(g)(2) and (3) of the act, added May

12, 2006 (P.L.178, No.45), are amended and the section is

amended by adding subsections to read:

Section 1308.  Canvassing of Official Absentee Ballots.--* * *

(g)  * * *

(2)  The county board of elections shall meet on the eighth

day following the election to canvass the absentee ballots

received under this subsection and subsection (h)(2). One

authorized representative of each candidate in an election and

one representative from each political party shall be permitted

to remain in the room in which the absentee ballots are

canvassed. Representatives shall be permitted to challenge any

absentee elector in accordance with the provisions of paragraph

(3).

(3)  When the county board meets to canvass absentee ballots

under paragraph (2), the board shall examine the declaration on

the envelope of each ballot not set aside under subsection (d)

and shall compare the information thereon with that contained in

the "Registered Absentee Voters File," the absentee voters' list

and/or the "Military Veterans and Emergency Civilians Absentee

Voters File," whichever is applicable. If the county board has

verified the proof of identification as required under this act 

is satisfied that the declaration is sufficient and the

information contained in the "Registered Absentee Voters File,"

the absentee voters' list and/or the "Military Veterans and

Emergency Civilians Absentee Voters File" verifies his right to

vote, the county board shall announce the name of the elector

and shall give any candidate representative or party

representative present an opportunity to challenge any absentee

elector upon the ground or grounds: (i) that the absentee

elector is not a qualified elector; or (ii) that the absentee

elector was within the municipality of his residence on the day

of the primary or election during the period the polls were

open, except where he was in the military service or except in

the case where his ballot was obtained for the reason that he

was unable to appear personally at the polling place because of

illness or physical disability; or (iii) that the absentee

elector was able to appear personally at the polling place on

the day of the primary or election during the period the polls

were open in the case his ballot was obtained for the reason

that he was unable to appear personally at the polling place

because of illness or physical disability. Upon challenge of any

absentee elector, as set forth herein, the board shall mark

"challenged" on the envelope together with the reasons therefor,

and the same shall be set aside unopened pending final

determination of the challenge according to the procedure

described in paragraph (5).

* * *

(h)  For those absentee ballots for which proof of

identification has not been received or could not be verified:

(1)  If the proof of identification is received and verified

by the county board of elections prior to the distribution of

the absentee ballots to the local election districts, then the

county shall distribute the absentee ballots for which proof of

identification is received and verified, along with the other

absentee ballots, to the absentee voter's respective election

district. If the county board of elections does not receive or

is not able to verify the proof of identification for an elector

prior to the absentee ballots' being sent to the appropriate

local election districts, the county board shall keep the

absentee ballot and follow the procedures set forth in paragraph

(2) or (3), whichever is applicable.

(2)  If the proof of identification is received and verified

after the absentee ballots have been distributed to the

appropriate local election districts, but prior to the sixth

calendar day following the election, then the county board of

elections shall canvass the absentee ballots under this

subsection in accordance with subsection (g)(2), unless the

elector appeared to vote at the proper polling place for the

purpose of casting a ballot, then the absentee ballot cast by

that elector shall be declared void.

(3)  If an elector fails to provide proof of identification

that can be verified by the county board of elections by the

sixth calendar day following the election, then the absentee

ballot shall not be counted.

(i)  Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

Section 8.  Section 1309 of the act, amended August 13, 1963

(P.L.707, No.379), is amended to read:

Section 1309.  Public Records.--All official absentee

ballots, files, applications for such ballots and envelopes on

which the executed declarations appear, and all information and

lists are hereby designated and declared to be public records

and shall be safely kept for a period of two years, except that

no proof of identification shall be made public, nor shall 

information concerning a military elector [shall] be made public

which is expressly forbidden by the [War] Department of Defense 

because of military security.

Section 9.  The act is amended by adding a section to read:

Section 1854.  Enforcement.--

(1)  The Attorney General shall have prosecutorial

jurisdiction over all violations committed under this act.

(2)  The district attorney of any county in which a violation

has occurred shall have concurrent powers and responsibilities

with the Attorney General over violations committed under this

act.

Section 10.  The following shall apply to elections held

after January 1, 2012, and prior to September 17, 2012:

(1)  (i)  Except as provided under subparagraph (ii) and

notwithstanding any law, election officials at the

polling place at an election held after January 1, 2012,

shall request that every elector show proof of

identification.

(ii)  Notwithstanding subparagraph (i), prior to

September 17, 2012, if the elector does not provide proof

of identification and the elector is otherwise qualified,

the elector may cast a ballot that shall be counted

without the necessity of presenting proof of

identification and without the necessity of casting a

provisional ballot, except as required by the act.

(2)  Beginning January 1, 2012, if any elector votes at a

polling place at an election and does not provide proof of

identification and will be required to provide proof of

identification beginning September 17, 2012, the election

official that requested the proof of identification shall

provide to the elector written information prescribed by the

Secretary of the Commonwealth briefly describing the voter

identification requirement created by this act and inform the

elector that he or she will be required to comply with that

requirement when voting at future elections beginning

September 17, 2012, unless an exemption applies.

Section 11.  The amendment of sections 102, 1210, 1302,

1302.2, 1305, 1308 and 1309 of the act shall apply to elections

held after September 17, 2012.

Section 12.  This act shall take effect immediately.