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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ALLOWAY, BAKER, BOSCOLA, BROWNE, COSTA, ERICKSON, FOLMER, FONTANA, HUGHES, MENSCH, ORIE, PIPPY, RAFFERTY, SCHWANK, SOLOBAY, TOMLINSON, VOGEL, WAUGH, D. WHITE AND YUDICHAK, SEPTEMBER 20, 2011 |
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| REFERRED TO STATE GOVERNMENT, SEPTEMBER 20, 2011 |
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| AN ACT |
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1 | Amending Title 25 (Elections) of the Pennsylvania Consolidated |
2 | Statutes, enacting the Uniform Military and Overseas Voters |
3 | Act. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 25 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a chapter to read: |
8 | CHAPTER 35 |
9 | UNIFORM MILITARY AND OVERSEAS VOTERS |
10 | Sec. |
11 | 3501. Short title of chapter. |
12 | 3502. Definitions. |
13 | 3503. Duties and responsibilities of secretary. |
14 | 3504. (Reserved). |
15 | 3505. Registering to vote. |
16 | 3506. Methods of applying for military-overseas ballot. |
17 | 3507. Timeliness and scope of ballot application. |
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1 | 3508. Transmission of unvoted ballots. |
2 | 3509. Timely casting of ballot. |
3 | 3510. Federal write-in absentee ballot. |
4 | 3511. Receipt of voted ballot. |
5 | 3512. Confirmation of receipt of application and voted ballot. |
6 | 3513. (Reserved). |
7 | 3514. Election notices. |
8 | 3515. Prohibition of nonsubstantive requirements. |
9 | 3516. Equitable relief. |
10 | 3517. Uniformity of application and construction. |
11 | 3518. Relation to Electronic Signatures in Global and National |
12 | Commerce Act. |
13 | 3519. Construction. |
14 | § 3501. Short title of chapter. |
15 | This chapter shall be known and may be cited as the Uniform |
16 | Military and Overseas Voters Act. |
17 | § 3502. Definitions. |
18 | The following words and phrases when used in this chapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Active uniformed-service voter." A uniformed-service voter |
22 | who meets all of the following paragraphs: |
23 | (1) Is: |
24 | (i) a member of the active or reserve components of |
25 | the Army, Navy, Air Force, Marine Corps or Coast Guard of |
26 | the United States; or |
27 | (ii) a member of the National Guard or the |
28 | Pennsylvania National Guard. |
29 | (2) Is on active duty. |
30 | (3) Maintains a voting residence in this Commonwealth. |
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1 | (4) Otherwise satisfies the voter eligibility |
2 | requirements of the Commonwealth. |
3 | "County election board." Officials having jurisdiction over |
4 | the conduct of elections in a county under the act of June 3, |
5 | 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
6 | Code. |
7 | "Covered voter." All of the following: |
8 | (1) A uniformed-service voter who is registered to vote |
9 | in this Commonwealth. |
10 | (2) An overseas voter who is registered to vote in this |
11 | Commonwealth. |
12 | (3) A uniformed-service voter who is not registered to |
13 | vote in this Commonwealth but who otherwise satisfies the |
14 | voter eligibility requirements of this Commonwealth. |
15 | (4) An overseas voter who is not registered to vote in |
16 | this Commonwealth but who otherwise satisfies the voter |
17 | eligibility requirements of this Commonwealth, including |
18 | residency requirements. |
19 | "Dependent." An individual recognized as a dependent by a |
20 | uniformed service. |
21 | "Election." A general election, municipal election, special |
22 | election or primary election. |
23 | "Election Code." The act of June 3, 1937 (P.L.1333, No.320), |
24 | known as the Pennsylvania Election Code, and the provisions of |
25 | this title other than this chapter. |
26 | "Election district." A district, division or precinct |
27 | established under the act of June 3, 1937 (P.L.1333, No.320), |
28 | known as the Pennsylvania Election Code, in which all qualified |
29 | electors are eligible to vote in the same polling place. |
30 | "Federal postcard application." The application prescribed |
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1 | under section 101(b)(2) of the Uniformed and Overseas Citizens |
2 | Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff(b) |
3 | (2)). The term includes the application's electronic equivalent. |
4 | "Federal write-in absentee ballot." The ballot described in |
5 | section 103 of the Uniformed and Overseas Citizens Absentee |
6 | Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-2). |
7 | "FWAB declaration." The declaration which accompanies the |
8 | Federal write-in absentee ballot. |
9 | "General election." The election which the Constitution of |
10 | Pennsylvania requires to be held in even-numbered years. |
11 | "Military-overseas ballot." All of the following: |
12 | (1) A Federal write-in absentee ballot. |
13 | (2) A ballot specifically prepared or distributed for |
14 | use by a covered voter in accordance with this chapter. |
15 | (3) A ballot cast by a covered voter in accordance with |
16 | this chapter. |
17 | "Municipal election." The election which the Constitution of |
18 | Pennsylvania requires to be held in odd-numbered years. |
19 | "Overseas voter." A qualified elector who is outside the |
20 | United States. |
21 | "Primary election." An election held for the purpose of |
22 | nominating candidates for public offices to be voted for at a |
23 | general election or a municipal election. |
24 | "Qualified elector." An individual who: |
25 | (1) possesses all of the qualifications for voting |
26 | prescribed by the Constitution of Pennsylvania and the laws |
27 | of this Commonwealth; or |
28 | (2) being otherwise qualified by continued residence in |
29 | the individual's election district, obtains qualifications |
30 | under paragraph (1) before the next ensuing election. |
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1 | "Secretary." The Secretary of the Commonwealth. |
2 | "Special election." An election authorized by law, other |
3 | than a general election, a municipal election or a primary |
4 | election. |
5 | "State." A state of the United States, the District of |
6 | Columbia, Puerto Rico, the Virgin Islands or any territory or |
7 | insular possession subject to the jurisdiction of the United |
8 | States. |
9 | "State declaration." The declaration prescribed by the |
10 | secretary under section 3503(c)(4) (relating to duties and |
11 | responsibilities of secretary). |
12 | "Uniformed service." All of the following: |
13 | (1) Active and reserve components of the Army, Navy, Air |
14 | Force, Marine Corps or Coast Guard of the United States. |
15 | (2) The United States merchant marine, the Commissioned |
16 | Corps of the Public Health Service of the Department of |
17 | Health and Human Services or the Commissioned Corps of the |
18 | National Oceanic and Atmospheric Administration of the United |
19 | States. |
20 | (3) The National Guard and the Pennsylvania National |
21 | Guard. |
22 | "Uniformed-service voter." A qualified elector who is one of |
23 | the following: |
24 | (1) A member of the active or reserve components of the |
25 | Army, Navy, Air Force, Marine Corps or Coast Guard of the |
26 | United States who is on active duty. |
27 | (2) A member of the United States merchant marine, the |
28 | Commissioned Corps of the Public Health Service of the |
29 | Department of Health and Human Services or the Commissioned |
30 | Corps of the National Oceanic and Atmospheric Administration |
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1 | of the United States. |
2 | (3) A member on activated status of the National Guard |
3 | or Pennsylvania National Guard. |
4 | (4) A spouse or dependent of an individual referred to |
5 | in paragraph (1), (2) or (3). |
6 | (5) A veteran of a uniformed service who is bedridden or |
7 | hospitalized due to illness or physical disability. |
8 | "United States." When used in the territorial sense, the |
9 | several states, the District of Columbia, Puerto Rico, the |
10 | Virgin Islands and any territory or insular possession subject |
11 | to the jurisdiction of the United States. |
12 | § 3503. Duties and responsibilities of secretary. |
13 | (a) Responsible official.--The secretary is the official in |
14 | the Commonwealth responsible for implementing this chapter and |
15 | the Commonwealth's responsibilities under the Uniformed and |
16 | Overseas Citizens Absentee Voting Act (Public Law 99-410, 42 |
17 | U.S.C. § 1973ff et seq.). |
18 | (b) Information to covered voters.--The secretary shall make |
19 | available to covered voters information regarding voter |
20 | registration procedures for covered voters and procedures for |
21 | casting military-overseas ballots. |
22 | (c) Other duties.--The secretary shall do all of the |
23 | following: |
24 | (1) Establish an electronic transmission system through |
25 | which a covered voter may apply for and receive voter |
26 | registration materials, military-overseas ballots and other |
27 | information under this chapter. |
28 | (2) Develop standardized absentee-voting materials and |
29 | their electronic equivalents, authentication materials and |
30 | voting instructions to be used with the military-overseas |
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1 | ballot of a voter authorized to vote in any jurisdiction in |
2 | this Commonwealth. |
3 | (3) To the extent reasonably possible, coordinate with |
4 | other states to carry out the provisions of this subsection. |
5 | (4) Prescribe the form and content of a declaration for |
6 | use by a covered voter who does not use the Federal write-in |
7 | absentee ballot in accordance with the following: |
8 | (i) The declaration shall require the covered voter |
9 | to swear or affirm, under penalty of perjury, specific |
10 | representations pertaining to the voter's: |
11 | (A) identity; |
12 | (B) eligibility to vote; |
13 | (C) status as a covered voter; and |
14 | (D) timely and proper completion of a military- |
15 | overseas ballot. |
16 | (ii) The declaration shall be based on the FWAB |
17 | declaration, as modified to be consistent with this |
18 | chapter. |
19 | (iii) The secretary shall ensure that a form for the |
20 | execution of the declaration, including an indication of |
21 | the date of execution of the declaration, is a prominent |
22 | part of all balloting materials for which the declaration |
23 | is required. |
24 | § 3504. (Reserved). |
25 | § 3505. Registering to vote. |
26 | (a) General rule.--A covered voter who desires to vote in an |
27 | election but who is not registered must register to vote within |
28 | the time periods required by the Election Code. Notwithstanding |
29 | the provisions of subsection (b)(2) or any other law, neither an |
30 | active uniformed-service voter nor a veteran of a uniformed |
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1 | service who is bedridden or hospitalized due to illness or |
2 | physical disability shall be required to register to vote prior |
3 | to or simultaneous with the submission of a military-overseas |
4 | ballot. |
5 | (b) Simultaneous registration.-- |
6 | (1) A covered voter may use the Federal postcard |
7 | application to register to vote and to apply for a military- |
8 | overseas ballot at the same time. |
9 | (2) A uniformed-service voter may use the Federal write- |
10 | in absentee ballot to register to vote and to vote at the |
11 | same time. |
12 | (3) The use of the Federal postcard application under |
13 | paragraph (1) and the Federal write-in absentee ballot under |
14 | paragraph (2) to register to vote is in addition to any other |
15 | registration method allowed by law. |
16 | (c) Electronic transmission system.--The secretary shall |
17 | ensure that the electronic transmission system described in |
18 | section 3503(c) (relating to duties and responsibilities of |
19 | secretary) is capable of accepting a Federal postcard |
20 | application and any other approved electronic registration |
21 | application sent to the appropriate county election board. The |
22 | voter may use the electronic transmission system or any other |
23 | approved method to register to vote. |
24 | (d) Construction.--Nothing in this section shall require a |
25 | covered voter to register to vote, prior to or concurrently with |
26 | voting, if the covered voter is otherwise entitled under |
27 | applicable provisions of the Election Code or any other statute |
28 | to vote without registering. |
29 | § 3506. Methods of applying for military-overseas ballot. |
30 | (a) Registered voters.--A covered voter who is registered to |
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1 | vote in this Commonwealth may apply for a military-overseas |
2 | ballot using either the absentee ballot application provided |
3 | under the Election Code or the Federal postcard application. |
4 | (b) Nonregistered voters.--A covered voter who is not |
5 | registered to vote in this Commonwealth may use a Federal |
6 | postcard application to simultaneously register to vote under |
7 | section 3505 (relating to registering to vote) and to apply for |
8 | a military-overseas ballot. |
9 | (c) Electronic transmission system.-- |
10 | (1) The secretary shall ensure that the electronic |
11 | transmission system described in section 3503(c) (relating to |
12 | duties and responsibilities of secretary) is capable of |
13 | accepting the submission of both a Federal postcard |
14 | application and any other approved electronic |
15 | military-overseas ballot application sent to the appropriate |
16 | county election board. |
17 | (2) The covered voter may use the electronic |
18 | transmission system or any other approved method to apply for |
19 | a military-overseas ballot. |
20 | (d) Use of Federal write-in absentee ballot.--A |
21 | uniformed-service voter may use the Federal write-in absentee |
22 | ballot to apply for a military-overseas ballot and to vote at |
23 | the same time. |
24 | (e) Status of a covered voter.--To receive the benefits of |
25 | this chapter, a covered voter must inform the appropriate county |
26 | election board that the voter is a covered voter. Methods of |
27 | informing the appropriate county election board that a voter is |
28 | a covered voter include all of the following: |
29 | (1) The use of a Federal postcard application or Federal |
30 | write-in absentee ballot. |
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1 | (2) The use of an overseas address on an approved voter |
2 | registration application or ballot application. |
3 | (3) The inclusion on an approved voter registration |
4 | application or ballot application of other information |
5 | sufficient to identify the voter as a covered voter. |
6 | (f) Construction.--Nothing in this chapter shall preclude a |
7 | covered voter from voting absentee under applicable provisions |
8 | of the Election Code. |
9 | § 3507. Timeliness and scope of ballot application. |
10 | (a) General rule.--A covered voter may apply at any time |
11 | before an election for a military-overseas ballot. |
12 | (b) Standing request.-- |
13 | (1) An application for a military-overseas ballot for a |
14 | primary election shall be considered a standing request for a |
15 | military-overseas ballot for a special election, a general |
16 | election or a municipal election, occurring subsequent to the |
17 | primary election in the same calendar year. |
18 | (2) A county election board shall provide a military- |
19 | overseas ballot to a voter who makes a standing request for |
20 | each election to which the request is applicable. |
21 | (c) E-mail address information.-- |
22 | (1) A county election board shall provide an opportunity |
23 | for each covered voter who registers to vote after the |
24 | effective date of this section to furnish the county election |
25 | board with an e-mail address, unless the information has |
26 | already been provided by the covered voter. A separate |
27 | mailing shall not be required for the county election board |
28 | to comply with this paragraph. Any contact the county |
29 | election board has with a covered voter who registers to vote |
30 | after the effective date of this section in which the voter's |
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1 | e-mail address is requested is sufficient. |
2 | (2) An e-mail address provided by a covered voter may |
3 | not be made available to the public or any individual or |
4 | organization other than an authorized agent of the county |
5 | election board and shall be exempt from disclosure under the |
6 | act of February 14, 2008 (P.L.6, No.3), known as the Right- |
7 | to-Know Law. |
8 | (3) The e-mail address may be used only for official |
9 | communication with the voter about the voting process, |
10 | including transmitting military-overseas ballots and ballot |
11 | materials, if the voter has requested electronic |
12 | transmission, and verifying the voter's mailing address and |
13 | physical location. |
14 | (4) A special request for an e-mail address shall |
15 | describe the purposes for which the e-mail address may be |
16 | used and include a statement that any other use or disclosure |
17 | of the e-mail address is prohibited. |
18 | § 3508. Transmission of unvoted ballots. |
19 | (a) General rule.--Subject to subsection (b), for an |
20 | election for which the Commonwealth has not received a waiver |
21 | under section 102(g)(2) of the Uniformed and Overseas Citizens |
22 | Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-1(g) |
23 | (2)), the following apply: |
24 | (1) Except as set forth in paragraph (2), not later than |
25 | 45 days before the election, the county election board in |
26 | each jurisdiction participating in the election shall |
27 | transmit a ballot and balloting materials to all covered |
28 | voters who by that date submit a valid military-overseas |
29 | ballot application. Notwithstanding 1 Pa.C.S. § 1908 |
30 | (relating to computation of time), if the 45th day before the |
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1 | election is a Saturday, Sunday or holiday, the ballot and |
2 | materials shall be transmitted not later than the business |
3 | day preceding the 45th day. |
4 | (2) If the calling of a special election would make it |
5 | impossible to comply with paragraph (1), the county election |
6 | board shall transmit the ballot and balloting materials |
7 | within five days following receipt of the county election |
8 | board's receipt of the information necessary to prepare the |
9 | ballots and materials. |
10 | (b) Covered voters in extremely remote or isolated areas.-- |
11 | (1) Except as set forth in paragraph (2), not later than |
12 | 50 days before a primary election and not later than 70 days |
13 | before a general election or a municipal election, the county |
14 | election board in each jurisdiction participating in the |
15 | election shall transmit a ballot and balloting materials to |
16 | all covered voters in extremely remote or isolated areas, as |
17 | those terms are defined or used by the Department of Defense, |
18 | who by that date submit a valid military-overseas ballot |
19 | application. Notwithstanding 1 Pa.C.S. § 1908, if the 50th |
20 | day or the 70th day preceding the applicable election is a |
21 | weekend or holiday, ballots and materials shall be |
22 | transmitted not later than the business day preceding the |
23 | 50th or 70th day, respectively. |
24 | (2) If the calling of a special election would make it |
25 | impossible to comply with paragraph (1), the county election |
26 | board shall transmit the ballot and balloting materials |
27 | within five days following receipt of the county election |
28 | board's receipt of the information necessary to prepare the |
29 | ballots and materials. |
30 | (c) Method of transmission.--A covered voter may request |
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1 | that a ballot and balloting materials be sent to the voter by |
2 | mail or by Internet delivery. The county election board shall |
3 | transmit the ballot and balloting materials to the voter using |
4 | the means of transmission chosen by the voter. |
5 | (d) Receipt of additional applications.--If a ballot |
6 | application from a covered voter arrives after the county |
7 | election board begins transmitting ballots and balloting |
8 | materials to voters, the county election board shall transmit a |
9 | ballot and ballot materials to the voter not later than 48 hours |
10 | after the application is received. |
11 | § 3509. Timely casting of ballot. |
12 | To be valid: |
13 | (1) a military-overseas ballot must be received by the |
14 | appropriate county election board not later than the close of |
15 | the polls; or |
16 | (2) the voter must submit the ballot for mailing or |
17 | other authorized means of delivery not later than 11:59 p.m. |
18 | at the place where the voter completes the ballot on the date |
19 | immediately preceding the date of the election. |
20 | § 3510. Federal write-in absentee ballot. |
21 | A covered voter may use a Federal write-in absentee ballot to |
22 | vote for all offices and ballot measures in an election. |
23 | § 3511. Receipt of voted ballot. |
24 | (a) Delivery governs.--A valid military-overseas ballot cast |
25 | under section 3509 (relating to timely casting of ballot) shall |
26 | be counted if it is delivered by 5 p.m. on the seventh day |
27 | following the election to the address that the appropriate |
28 | county election board has specified. |
29 | (b) Rule regarding postmarks.--If, at the time of completing |
30 | a military-overseas ballot and balloting materials, the voter |
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1 | has declared under penalty of perjury that the ballot was timely |
2 | submitted, the ballot may not be rejected on the basis that it |
3 | has a late postmark, an unreadable postmark or no postmark. |
4 | § 3512. Confirmation of receipt of application and voted |
5 | ballot. |
6 | The secretary, in coordination with county election boards, |
7 | shall implement an electronic free-access system by which a |
8 | covered voter may determine by telephone, e-mail or Internet |
9 | website whether: |
10 | (1) the voter's Federal postcard application or other |
11 | registration or military-overseas ballot application has been |
12 | received and accepted; and |
13 | (2) the voter's military-overseas ballot has been |
14 | received and the current status of the ballot. |
15 | § 3513. (Reserved). |
16 | § 3514. Election notices. |
17 | (a) Preparation of notice.--At least 90 days before an |
18 | election other than a special election and as soon as |
19 | practicable before a special election, the county election board |
20 | in each jurisdiction participating in the election shall prepare |
21 | an election notice for that jurisdiction to be used in |
22 | conjunction with a Federal write-in absentee ballot. The |
23 | election notice shall contain all of the following: |
24 | (1) A list of all of the ballot measures and Federal, |
25 | Commonwealth and local offices which, as of the date of the |
26 | notice, the county election board expects to be on the ballot |
27 | on the date of the election. |
28 | (2) Specific instructions for how a covered voter is to |
29 | indicate on the Federal write-in absentee ballot the voter's |
30 | choice for each office to be filled and for each ballot |
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1 | measure to be contested. |
2 | (b) Request for notice.--A covered voter may request a copy |
3 | of an election notice prepared under subsection (a). The county |
4 | election board shall send the notice to the covered voter by |
5 | facsimile, e-mail, over the Internet or by regular mail, as the |
6 | voter requests. |
7 | (c) Updated notices.--The county election board shall update |
8 | the notice prepared under subsection (a) with the names of the |
9 | candidates for each office and the specific information about |
10 | ballot questions, promptly upon becoming aware of the existence |
11 | of the candidates and ballot questions, and shall make the |
12 | updated notice publicly available. |
13 | (d) Availability of notice.--A county election board that |
14 | maintains a publicly accessible Internet website shall make the |
15 | election notice prepared under subsection (a) and updated |
16 | versions of the election notice available on the Internet |
17 | website. |
18 | § 3515. Prohibition of nonsubstantive requirements. |
19 | (a) Mistake, omission or failure to satisfy.--None of the |
20 | following shall invalidate a document submitted under this |
21 | chapter: |
22 | (1) A voter's mistake or omission in the completion of a |
23 | document under this chapter as long as the mistake or |
24 | omission does not prevent determining whether a covered voter |
25 | is eligible to vote. |
26 | (2) Failure to satisfy a nonsubstantive requirement, |
27 | such as using paper or envelopes of a specified size or |
28 | weight. |
29 | (b) Write-in ballots.--In a write-in ballot authorized by |
30 | this chapter or in a vote for a write-in candidate on a regular |
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1 | ballot used by a covered voter, if the intention of the voter is |
2 | discernable under the standards that define what constitutes a |
3 | valid vote developed pursuant to section 204(h) of the act of |
4 | June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania |
5 | Election Code, an abbreviation, misspelling or other minor |
6 | variation in the form of the name of a candidate or a political |
7 | party shall be accepted as a valid vote. |
8 | (c) Notarization.--Notarization is not required for the |
9 | execution of a document to be submitted under this chapter. An |
10 | authentication, other than the state declaration or the FWAB |
11 | declaration, is not required for execution of a document under |
12 | this chapter. The state declaration and FWAB declaration, and |
13 | any information in either declaration, may be compared with |
14 | information on file to ascertain the validity of the document. |
15 | § 3516. Equitable relief. |
16 | A court may issue an injunction or grant equitable relief |
17 | appropriate to ensure substantial compliance with, or enforce, |
18 | this chapter on application by any of the following: |
19 | (1) A covered voter alleging a grievance under this |
20 | chapter. |
21 | (2) An authorized officer or agent of a county election |
22 | board. |
23 | § 3517. Uniformity of application and construction. |
24 | In applying and construing this chapter, consideration shall |
25 | be given to the need to promote uniformity of the law with |
26 | respect to its subject matter among states that enact it. |
27 | § 3518. Relation to Electronic Signatures in Global and |
28 | National Commerce Act. |
29 | To the extent permitted by section 102 of the Electronic |
30 | Signatures in Global and National Commerce Act (Public Law |
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1 | 106-229, 15 U.S.C. § 7002), this chapter may modify or supersede |
2 | provisions of that act. |
3 | § 3519. Construction. |
4 | This chapter is intended to be read in concert with the |
5 | Election Code. Unless otherwise specifically provided in this |
6 | chapter, if any provision of this chapter is inconsistent with a |
7 | provision of the Election Code, the provisions of this chapter |
8 | shall prevail. |
9 | Section 2. This act shall apply to elections which occur |
10 | after January 1, 2013. |
11 | Section 3. This act shall take effect in 60 days. |
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