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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LEACH, BLAKE, STACK, FERLO, HUGHES, FONTANA, COSTA, FARNESE, WILLIAMS, SCHWANK, BREWSTER, TARTAGLIONE, WOZNIAK, WASHINGTON, KITCHEN AND DINNIMAN, SEPTEMBER 5, 2012 |
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| REFERRED TO STATE GOVERNMENT, SEPTEMBER 5, 2012 |
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| AN ACT |
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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," in preliminary provisions, further providing for |
12 | definitions; in the Secretary of the Commonwealth, further |
13 | providing for requirements relating to voter identification; |
14 | in preparation for and conduct of primaries and elections, |
15 | further providing for manner of applying to vote, persons |
16 | entitled to vote, voter's certificates, entries to be made in |
17 | district register, numbered lists of voters and challenges; |
18 | in voting by qualified absentee electors, further providing |
19 | for applications for official absentee ballots, for approval |
20 | of application for absentee ballot, for delivering or mailing |
21 | ballots, for canvassing of official absentee ballots and for |
22 | public records; in penalties, further providing for |
23 | enforcement; and making a related repeal. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. Sections 102(z.5) and 206 of the act of June 3, |
27 | 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
28 | Code, added March 14, 2012 (P.L.195, No.18), are repealed: |
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1 | Section 102. Definitions.--The following words, when used in |
2 | this act, shall have the following meanings, unless otherwise |
3 | clearly apparent from the context: |
4 | * * * |
5 | [(z.5) The words "proof of identification" shall mean: |
6 | (1) In the case of an elector who has a religious objection |
7 | to being photographed, a valid-without-photo driver's license or |
8 | a valid-without-photo identification card issued by the |
9 | Department of Transportation. |
10 | (2) For an elector who appears to vote under section 1210, a |
11 | document that: |
12 | (i) shows the name of the individual to whom the document |
13 | was issued and the name substantially conforms to the name of |
14 | the individual as it appears in the district register; |
15 | (ii) shows a photograph of the individual to whom the |
16 | document was issued; |
17 | (iii) includes an expiration date and is not expired, |
18 | except: |
19 | (A) for a document issued by the Department of |
20 | Transportation which is not more than twelve (12) months past |
21 | the expiration date; or |
22 | (B) in the case of a document from an agency of the Armed |
23 | forces of the United States or their reserve components, |
24 | including the Pennsylvania National Guard, establishing that the |
25 | elector is a current member of or a veteran of the United States |
26 | Armed Forces or National Guard which does not designate a |
27 | specific date on which the document expires, but includes a |
28 | designation that the expiration date is indefinite; and |
29 | (iv) was issued by one of the following: |
30 | (A) The United States Government. |
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1 | (B) The Commonwealth of Pennsylvania. |
2 | (C) A municipality of this Commonwealth to an employee of |
3 | that municipality. |
4 | (D) An accredited Pennsylvania public or private institution |
5 | of higher learning. |
6 | (E) A Pennsylvania care facility. |
7 | (3) For a qualified absentee elector under section 1301: |
8 | (i) in the case of an elector who has been issued a current |
9 | and valid driver's license, the elector's driver's license |
10 | number; |
11 | (ii) in the case of an elector who has not been issued a |
12 | current and valid driver's license, the last four digits of the |
13 | elector's Social Security number; |
14 | (iii) in the case of an elector who has a religious |
15 | objection to being photographed, a copy of a document that |
16 | satisfies paragraph (1); or |
17 | (iv) in the case of an elector who has not been issued a |
18 | current and valid driver's license or Social Security number, a |
19 | copy of a document that satisfies paragraph (2). |
20 | Section 206. Requirements Relating to Voter |
21 | Identification.--(a) The Secretary of the Commonwealth shall |
22 | prepare and disseminate information to the public regarding the |
23 | proof of identification requirements established under sections |
24 | 1210 and 1302. |
25 | (b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b) |
26 | (relating to issuance and content of driver's license) to the |
27 | contrary, the Department of Transportation shall issue an |
28 | identification card described in 75 Pa.C.S. § 1510(b) at no cost |
29 | to any registered elector who has made application therefor and |
30 | has included with the completed application a statement signed |
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1 | by the elector declaring under oath or affirmation that the |
2 | elector does not possess proof of identification as defined in |
3 | section 102(z.5)(2) and requires proof of identification for |
4 | voting purposes. |
5 | (c) The Secretary of the Commonwealth shall prepare the form |
6 | of the statement described in subsection (b) and shall |
7 | distribute the form to the counties and the Department of |
8 | Transportation. The Secretary of the Commonwealth, the Secretary |
9 | of Transportation and the county boards of election shall |
10 | disseminate information to the public regarding the availability |
11 | of identification cards under subsection (b).] |
12 | Section 2. Section 1210(a), (a.2), (a.3), (a.4)(1) and (5) |
13 | and (f) of the act, amended or added March 14, 2012 (P.L.195, |
14 | No.18), are amended and the section is amended by adding a |
15 | subsection to read: |
16 | Section 1210. Manner of Applying to Vote; Persons Entitled |
17 | to Vote; Voter's Certificates; Entries to Be Made in District |
18 | Register; Numbered Lists of Voters; Challenges.--(a) At every |
19 | primary and election each elector who appears to vote in that |
20 | election district for the first time and who desires to vote |
21 | shall first present to an election officer [proof of |
22 | identification] one of the following forms of photo |
23 | identification: |
24 | (1) a valid driver's license or identification card issued |
25 | by the Department of Transportation; |
26 | (2) a valid identification card issued by any other agency |
27 | of the Commonwealth; |
28 | (3) a valid identification card issued by the United States |
29 | Government; |
30 | (4) a valid United States passport; |
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1 | (5) a valid student identification card; |
2 | (6) a valid employe identification card; or |
3 | (7) a valid armed forces of the United States identification |
4 | card. |
5 | The election officer shall examine the [proof of] identification |
6 | presented by the elector and sign an affidavit stating that this |
7 | has been done. |
8 | (a.1) Where the elector does not have a photo identification |
9 | as provided for in subsection (a), the elector shall present for |
10 | examination one of the following forms of identification that |
11 | shows the name and address of the elector: |
12 | (1) nonphoto identification issued by the Commonwealth, or |
13 | any agency thereof; |
14 | (2) nonphoto identification issued by the United States |
15 | Government, or agency thereof; |
16 | (3) a firearm permit; |
17 | (4) a current utility bill; |
18 | (5) a current bank statement; |
19 | (6) a paycheck; |
20 | (7) a government check. |
21 | The election officer shall examine the identification |
22 | presented by the elector and sign an affidavit stating that this |
23 | has been done. |
24 | (a.2) [If any of the following apply, the elector shall be |
25 | permitted to cast a provisional ballot in accordance with |
26 | subsection (a.4): |
27 | (1) The elector is unable to produce proof of |
28 | identification: |
29 | (i) on the grounds that the elector is indigent and unable |
30 | to obtain proof of identification without the payment of a fee; |
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1 | or |
2 | (ii) on any other grounds. |
3 | (2) The elector's proof of identification is challenged by |
4 | the judge of elections.] If the elector is unable to produce |
5 | identification or the elector's identification is challenged by |
6 | the judge of elections, the elector shall be permitted to cast a |
7 | provisional ballot in accordance with subsection (a.4). |
8 | (a.3) (1) All electors, including any elector that shows |
9 | [proof of] identification pursuant to subsection (a), shall |
10 | subsequently sign a voter's certificate in blue, black or blue- |
11 | black ink with a fountain pen or ball point pen, and, unless he |
12 | is a State or Federal employe who has registered under any |
13 | registration act without declaring his residence by street and |
14 | number, he shall insert his address therein, and hand the same |
15 | to the election officer in charge of the district register. |
16 | (2) Such election officer shall thereupon announce the |
17 | elector's name so that it may be heard by all members of the |
18 | election board and by all watchers present in the polling place |
19 | and shall compare the elector's signature on his voter's |
20 | certificate with his signature in the district register. If, |
21 | upon such comparison, the signature upon the voter's certificate |
22 | appears to be genuine, the elector who has signed the |
23 | certificate shall, if otherwise qualified, be permitted to vote: |
24 | Provided, That if the signature on the voter's certificate, as |
25 | compared with the signature as recorded in the district |
26 | register, shall not be deemed authentic by any of the election |
27 | officers, such elector shall not be denied the right to vote for |
28 | that reason, but shall be considered challenged as to identity |
29 | and required to make the affidavit and produce the evidence as |
30 | provided in subsection (d) of this section. |
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1 | (3) When an elector has been found entitled to vote, the |
2 | election officer who examined his voter's certificate and |
3 | compared his signature shall sign his name or initials on the |
4 | voter's certificate, shall, if the elector's signature is not |
5 | readily legible, print such elector's name over his signature, |
6 | and the number of the stub of the ballot issued to him or his |
7 | number in the order of admission to the voting machines, and at |
8 | primaries a letter or abbreviation designating the party in |
9 | whose primary he votes shall also be entered by one of the |
10 | election officers or clerks. |
11 | (4) As each voter is found to be qualified and votes, the |
12 | election officer in charge of the district register shall write |
13 | or stamp the date of the election or primary, the number of the |
14 | stub of the ballot issued to him or his number in the order of |
15 | admission to the voting machines, and at primaries a letter or |
16 | abbreviation designating the party in whose primary he votes, |
17 | and shall sign his name or initials in the proper space on the |
18 | registration card of such voter contained in the district |
19 | register. |
20 | (5) As each voter votes, his name in the order of voting |
21 | shall be recorded in two (2) numbered lists of voters provided |
22 | for that purpose, with the addition of a note of each voter's |
23 | party enrollment after his name at primaries. |
24 | (a.4) (1) At all elections an individual who claims to be |
25 | properly registered and eligible to vote at the election |
26 | district but whose name does not appear on the district register |
27 | and whose registration cannot be determined by the inspectors of |
28 | election or the county election board shall be permitted to cast |
29 | a provisional ballot. Individuals who [appear to vote] are |
30 | voting for the first time at the election district shall be |
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1 | required to produce [proof of] identification pursuant to |
2 | subsection (a) or (a.1) and if unable to do so shall be |
3 | permitted to cast a provisional ballot. An individual presenting |
4 | a judicial order to vote shall be permitted to cast a |
5 | provisional ballot. |
6 | * * * |
7 | (5) (i) Except as provided in subclause (ii), if it is |
8 | determined that the individual was registered and entitled to |
9 | vote at the election district where the ballot was cast, the |
10 | county board of elections shall compare the signature on the |
11 | provisional ballot envelope with the signature on the elector's |
12 | registration form and, if the signatures are determined to be |
13 | genuine, shall count the ballot if the county board of elections |
14 | confirms that the individual did not cast any other ballot, |
15 | including an absentee ballot, in the election. |
16 | (ii) A provisional ballot shall not be counted if: |
17 | (A) either the provisional ballot envelope under clause (3) |
18 | or the affidavit under clause (2) is not signed by the |
19 | individual; |
20 | (B) the signature required under clause (3) and the |
21 | signature required under clause (2) are either not genuine or |
22 | are not executed by the same individual; or |
23 | (C) a provisional ballot envelope does not contain a secrecy |
24 | envelope[;]. |
25 | [(D) in the case of a provisional ballot that was cast under |
26 | subsection (a.2)(1)(i), within six calendar days following the |
27 | election the elector fails to appear before the county board of |
28 | elections to execute an affirmation or the county board of |
29 | elections does not receive an electronic, facsimile or paper |
30 | copy of an affirmation affirming, under penalty of perjury, that |
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1 | the elector is the same individual who personally appeared |
2 | before the district election board on the day of the election |
3 | and cast a provisional ballot and that the elector is indigent |
4 | and unable to obtain proof of identification without the payment |
5 | of a fee; or |
6 | (E) in the case of a provisional ballot that was cast under |
7 | subsection (a.2)(1)(ii), within six calendar days following the |
8 | election, the elector fails to appear before the county board of |
9 | elections to present proof of identification and execute an |
10 | affirmation or the county board of elections does not receive an |
11 | electronic, facsimile or paper copy of the proof of |
12 | identification and an affirmation affirming, under penalty of |
13 | perjury, that the elector is the same individual who personally |
14 | appeared before the district election board on the day of the |
15 | election and cast a provisional ballot.] |
16 | (iii) One authorized representative of each candidate in an |
17 | election and one representative from each party shall be |
18 | permitted to remain in the room in which deliberation or |
19 | determination of subclause (ii) is being made. |
20 | * * * |
21 | [(f) As used in this section, "care facility" means any of |
22 | the following: |
23 | (1) A long-term care nursing facility as defined in section |
24 | 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the |
25 | "Health Care Facilities Act." |
26 | (2) An assisted living residence or a personal care home as |
27 | defined in section 1001 of the act of June 13, 1967 (P.L.31, |
28 | No.21), known as the "Public Welfare Code."] |
29 | Section 3. Sections 1302(e), (e.2) and (j), 1302.2(c), (d) |
30 | and (f), 1305(b) and (c), 1308(g)(2) and (3), (h) and (i) and |
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1 | 1309 of the act, amended or added March 14, 2012 (P.L.195, |
2 | No.18), are amended to read: |
3 | Section 1302. Applications for Official Absentee Ballots.--* |
4 | * * |
5 | (e) Any qualified bedridden or hospitalized veteran absent |
6 | from the municipality of his residence and unable to attend his |
7 | polling place because of such illness or physical disability, |
8 | regardless of whether he is registered or enrolled, may apply at |
9 | any time before any primary or election for an official absentee |
10 | ballot on any official county board of election form addressed |
11 | to the Secretary of the Commonwealth of Pennsylvania or the |
12 | county board of elections of the county in which his voting |
13 | residence is located. |
14 | The application shall contain the following information: |
15 | Residence at the time of becoming bedridden or hospitalized, |
16 | length of time a citizen, length of residence in Pennsylvania, |
17 | date of birth, length of time a resident in voting district, |
18 | voting district if known, party choice in case of primary, name |
19 | and address of present residence or hospital at which |
20 | hospitalized. When such application is received by the Secretary |
21 | of the Commonwealth, it shall be forwarded to the proper county |
22 | board of elections. |
23 | The application for an official absentee ballot for any |
24 | primary or election shall be made on information supplied over |
25 | the signature of the bedridden or hospitalized veteran as |
26 | required in the preceding subsection. Any qualified registered |
27 | elector, including a spouse or dependent referred to in |
28 | subsection (l) of section 1301, who expects to be or is absent |
29 | from the municipality of his residence because his duties, |
30 | occupation or business require him to be elsewhere on the day of |
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1 | any primary or election and any qualified registered elector who |
2 | is unable to attend his polling place on the day of any primary |
3 | or election because of illness or physical disability and any |
4 | qualified registered bedridden or hospitalized veteran in the |
5 | county of residence, or in the case of a county employe who |
6 | cannot vote due to duties on election day relating to the |
7 | conduct of the election, or in the case of a person who will not |
8 | attend a polling place because of the observance of a religious |
9 | holiday, may apply to the county board of elections of the |
10 | county in which his voting residence is located for an Official |
11 | Absentee Ballot. Such application shall be made upon an official |
12 | application form supplied by the county board of elections. Such |
13 | official application form shall be determined and prescribed by |
14 | the Secretary of the Commonwealth of Pennsylvania. |
15 | (1) The application of any qualified registered elector, |
16 | including spouse or dependent referred to in subsection (l) of |
17 | section 1301, who expects to be or is absent from the |
18 | municipality of his residence because his duties, occupation or |
19 | business require him to be elsewhere on the day of any primary |
20 | or election, or in the case of a county employe who cannot vote |
21 | due to duties on election day relating to the conduct of the |
22 | election, or in the case of a person who will not attend a |
23 | polling place because of the observance of a religious holiday, |
24 | shall be signed by the applicant and shall include the surname |
25 | and given name or names of the applicant, [proof of |
26 | identification,] his occupation, date of birth, length of time a |
27 | resident in voting district, voting district if known, place of |
28 | residence, post office address to which ballot is to be mailed, |
29 | the reason for his absence, and such other information as shall |
30 | make clear to the county board of elections the applicant's |
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1 | right to an official absentee ballot. |
2 | (2) The application of 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 the |
5 | application of any qualified registered bedridden or |
6 | hospitalized veteran in the county of residence shall be signed |
7 | by the applicant and shall include surname and given name or |
8 | names of the applicant, [proof of identification,] his |
9 | occupation, date of birth, residence at the time of becoming |
10 | bedridden or hospitalized, length of time a resident in voting |
11 | district, voting district if known, place of residence, post |
12 | office address to which ballot is to be mailed, and such other |
13 | information as shall make clear to the county board of elections |
14 | the applicant's right to an official ballot. In addition, the |
15 | application of such electors shall include a declaration stating |
16 | the nature of their disability or illness, and the name, office |
17 | address and office telephone number of their attending |
18 | physician: Provided, however, That in the event any elector |
19 | entitled to an absentee ballot under this subsection be unable |
20 | to sign his application because of illness or physical |
21 | disability, he shall be excused from signing upon making a |
22 | statement which shall be witnessed by one adult person in |
23 | 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 | ............................... | | ............................ | | 1 | (Complete Address of Witness) | | (Signature of Witness) |
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2 | * * * |
3 | (e.2) Notwithstanding the other provisions of this act any |
4 | qualified elector who expects to be or is absent from the |
5 | municipality of his residence because his duties, occupation or |
6 | business require him to be elsewhere on the day of any election |
7 | or a county employe who cannot vote due to duties on election |
8 | day relating to the conduct of the election or a person who will |
9 | not attend a polling place because of the observance of a |
10 | religious holiday may make an application for an absentee ballot |
11 | by mail by sending a letter to the county board of elections in |
12 | the county in which his voting residence is located. The letter |
13 | shall be signed by the applicant and contain his name[,] and |
14 | place of residence [and proof of identification]. |
15 | * * * |
16 | [(j) Notwithstanding the provisions of this section |
17 | requiring proof of identification, a qualified absentee elector |
18 | shall not be required to provide proof of identification if the |
19 | elector is entitled to vote by absentee ballot under the |
20 | Uniformed and Overseas Citizens Absentee Voting Act (Public Law |
21 | 99-410, 100 Stat. 924) or by an alternative ballot under the |
22 | Voting Accessibility for the Elderly and Handicapped Act (Public |
23 | Law 98-435, 98 Stat. 1678).] |
24 | Section 1302.2. Approval of Application for Absentee |
25 | Ballot.-- |
26 | * * * |
27 | (c) The county board of elections, upon receipt of any |
28 | application of a qualified elector required to be registered |
29 | under the provisions of preceding section 1301, shall determine |
30 | the qualifications of such applicant by [verifying the proof of |
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1 | identification and] comparing the information set forth on such |
2 | application with the information contained on the applicant's |
3 | permanent registration card. If the board is satisfied that the |
4 | applicant is qualified to receive an official absentee ballot, |
5 | the application shall be marked "approved." Such approval |
6 | decision shall be final and binding, except that challenges may |
7 | be made only on the ground that the applicant did not possess |
8 | the qualifications of an absentee elector. Such challenges must |
9 | be made to the county board of elections prior to 5:00 o'clock |
10 | P. M. on the first Friday prior to the election. When so |
11 | approved, the registration commission shall cause an absentee |
12 | voter's temporary registration card to be inserted in the |
13 | district register on top of and along with the permanent |
14 | registration card. The absentee voter's temporary registration |
15 | card shall be in the color and form prescribed in subsection (e) |
16 | of this section: |
17 | Provided, however, That the duties of the county boards of |
18 | elections and the registration commissions with respect to the |
19 | insertion of the absentee voter's temporary registration card of |
20 | any elector from the district register as set forth in section |
21 | 1302.2 shall include only such applications and emergency |
22 | applications as are received on or before the first Tuesday |
23 | prior to the primary or election. In all cases where |
24 | applications are received after the first Tuesday prior to the |
25 | primary or election and before five o'clock P. M. on the first |
26 | Friday prior to the primary or election, the county board of |
27 | elections shall determine the qualifications of such applicant |
28 | by [verifying the proof of identification and] comparing the |
29 | information set forth on such application with the information |
30 | contained on the applicant's duplicate registration card on file |
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1 | in the General Register (also referred to as the Master File) in |
2 | the office of the Registration Commission and shall cause the |
3 | name and residence (and at primaries, the party enrollment) to |
4 | be inserted in the Military, Veterans and Emergency Civilian |
5 | Absentee Voters File as provided in section 1302.3, subsection |
6 | (b). In addition, the local district boards of elections shall, |
7 | upon canvassing the official absentee ballots under section |
8 | 1308, examine the voting check list of the election district of |
9 | said elector's residence and satisfy itself that such elector |
10 | did not cast any ballot other than the one properly issued to |
11 | him under his absentee ballot application. In all cases where |
12 | the examination of the local district board of elections |
13 | discloses that an elector did vote a ballot other than the one |
14 | properly issued to him under the absentee ballot application, |
15 | the local district board of elections shall thereupon cancel |
16 | said absentee ballot and said elector shall be subject to the |
17 | penalties as hereinafter set forth. |
18 | (d) In the event that any application for an official |
19 | absentee ballot is not approved by the county board of |
20 | elections, the elector shall be notified immediately to that |
21 | effect with a statement by the county board of the reasons for |
22 | the disapproval. [For those applicants whose proof of |
23 | identification was not provided with the application or could |
24 | not be verified by the board, the board shall send notice to the |
25 | elector with the absentee ballot requiring the elector to |
26 | provide proof of identification with the absentee ballot or the |
27 | ballot will not be counted.] |
28 | * * * |
29 | [(f) Notwithstanding the provisions of this section, a |
30 | qualified absentee elector shall not be required to provide |
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1 | proof of identification if the elector is entitled to vote by |
2 | absentee ballot under the Uniformed and Overseas Citizens |
3 | Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an |
4 | alternative ballot under the Voting Accessibility for the |
5 | Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).] |
6 | Section 1305. Delivering or Mailing Ballots.-- |
7 | * * * |
8 | (b) The county board of elections upon receipt and approval |
9 | of an application filed by any elector qualified in accordance |
10 | with the provisions of section 1301, subsections (i) to (l), |
11 | inclusive, shall commence to deliver or mail official absentee |
12 | ballots on the second Tuesday prior to the primary or election. |
13 | [For those applicants whose proof of identification was not |
14 | provided with the application or could not be verified by the |
15 | board, the board shall send the notice required under section |
16 | 1302.2(d) with the absentee ballot.] As additional applications |
17 | are received and approved, the board shall deliver or mail |
18 | official absentee ballots to such additional electors within |
19 | forty-eight hours. |
20 | [(c) Notwithstanding the provisions of this section, a |
21 | qualified absentee elector shall not be required to provide |
22 | proof of identification if the elector is entitled to vote by |
23 | absentee ballot under the Uniformed and Overseas Citizens |
24 | Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an |
25 | alternative ballot under the Voting Accessibility for the |
26 | Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).] |
27 | Section 1308. Canvassing of Official Absentee Ballots.--* * |
28 | * |
29 | (g) * * * |
30 | (2) The county board of elections shall meet on the eighth |
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1 | day following the election to canvass the absentee ballots |
2 | received under this subsection [and subsection (h)(2)]. One |
3 | authorized representative of each candidate in an election and |
4 | one representative from each political party shall be permitted |
5 | to remain in the room in which the absentee ballots are |
6 | canvassed. Representatives shall be permitted to challenge any |
7 | absentee elector in accordance with the provisions of paragraph |
8 | (3). |
9 | (3) When the county board meets to canvass absentee ballots |
10 | under paragraph (2), the board shall examine the declaration on |
11 | the envelope of each ballot not set aside under subsection (d) |
12 | and shall compare the information thereon with that contained in |
13 | the "Registered Absentee Voters File," the absentee voters' list |
14 | and/or the "Military Veterans and Emergency Civilians Absentee |
15 | Voters File," whichever is applicable. If the county board [has |
16 | verified the proof of identification as required under this |
17 | act,] is satisfied that the declaration is sufficient and the |
18 | information contained in the "Registered Absentee Voters File," |
19 | the absentee voters' list and/or the "Military Veterans and |
20 | Emergency Civilians Absentee Voters File" verifies his right to |
21 | vote, the county board shall announce the name of the elector |
22 | and shall give any candidate representative or party |
23 | representative present an opportunity to challenge any absentee |
24 | elector upon the ground or grounds: (i) that the absentee |
25 | elector is not a qualified elector; or (ii) that the absentee |
26 | elector was within the municipality of his residence on the day |
27 | of the primary or election during the period the polls were |
28 | open, except where he was in the military service or except in |
29 | the case where his ballot was obtained for the reason that he |
30 | was unable to appear personally at the polling place because of |
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1 | illness or physical disability; or (iii) that the absentee |
2 | elector was able to appear personally at the polling place on |
3 | the day of the primary or election during the period the polls |
4 | were open in the case his ballot was obtained for the reason |
5 | that he was unable to appear personally at the polling place |
6 | because of illness or physical disability. Upon challenge of any |
7 | absentee elector, as set forth herein, the board shall mark |
8 | "challenged" on the envelope together with the reasons therefor, |
9 | and the same shall be set aside unopened pending final |
10 | determination of the challenge according to the procedure |
11 | described in paragraph (5).* * * |
12 | [(h) For those absentee ballots for which proof of |
13 | identification has not been received or could not be verified: |
14 | (1) If the proof of identification is received and verified |
15 | by the county board of elections prior to the distribution of |
16 | the absentee ballots to the local election districts, then the |
17 | county shall distribute the absentee ballots for which proof of |
18 | identification is received and verified, along with the other |
19 | absentee ballots, to the absentee voter's respective election |
20 | district. If the county board of elections does not receive or |
21 | is not able to verify the proof of identification for an elector |
22 | prior to the absentee ballots' being sent to the appropriate |
23 | local election districts, the county board shall keep the |
24 | absentee ballot and follow the procedures set forth in paragraph |
25 | (2) or (3), whichever is applicable. |
26 | (2) If the proof of identification is received and verified |
27 | after the absentee ballots have been distributed to the |
28 | appropriate local election districts, but prior to the sixth |
29 | calendar day following the election, then the county board of |
30 | elections shall canvass the absentee ballots under this |
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1 | subsection in accordance with subsection (g)(2), unless the |
2 | elector appeared to vote at the proper polling place for the |
3 | purpose of casting a ballot, then the absentee ballot cast by |
4 | that elector shall be declared void. |
5 | (3) If an elector fails to provide proof of identification |
6 | that can be verified by the county board of elections by the |
7 | sixth calendar day following the election, then the absentee |
8 | ballot shall not be counted. |
9 | (i) Notwithstanding the provisions of this section, a |
10 | qualified absentee elector shall not be required to provide |
11 | proof of identification if the elector is entitled to vote by |
12 | absentee ballot under the Uniformed and Overseas Citizens |
13 | Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an |
14 | alternative ballot under the Voting Accessibility for the |
15 | Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).] |
16 | Section 1309. Public Records.--All official absentee |
17 | ballots, files, applications for such ballots and envelopes on |
18 | which the executed declarations appear, and all information and |
19 | lists are hereby designated and declared to be public records |
20 | and shall be safely kept for a period of two years, except that |
21 | no [proof of identification shall be made public, nor shall] |
22 | information concerning a military elector shall be made public |
23 | which is expressly forbidden by the Department of Defense |
24 | because of military security. |
25 | Section 4. Section 1854 of the act, added March 14, 2012 |
26 | (P.L.195, No.18), is repealed: |
27 | [Section 1854. Enforcement.--(a) The Attorney General shall |
28 | have prosecutorial jurisdiction over all violations committed |
29 | under this act. |
30 | (b) The district attorney of any county in which a violation |
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1 | has occurred shall have concurrent powers and responsibilities |
2 | with the Attorney General over violations committed under this |
3 | act.] |
4 | Section 5. Repeals are as follows: |
5 | (1) The General Assembly declares that the repeal under |
6 | paragraph (2) is necessary to effectuate the amendment or |
7 | addition of the following provisions of the act: |
8 | (i) Section 102(z.5). |
9 | (ii) Section 206. |
10 | (iii) Section 1210(a), (a.1), (a.2), (a.3), (a.4)(1 |
11 | and (5) and (f). |
12 | (iv) Section 1302(e), (e.2) and (j). |
13 | (v) Section 1302.2(c), (d) and (f). |
14 | (vi) Section 1305(b) and (c). |
15 | (vii) Section 1308(g)(2) and (3), (h) and (i). |
16 | (vii) Section 1309. |
17 | (ix) Section 1854. |
18 | (2) Section 10 of the act of March 14, 2012 (P.L.195, |
19 | No.18), entitled, "An act amending the act of June 3, 1937 |
20 | (P.L.1333, No.320), entitled 'An act concerning elections, |
21 | including general, municipal, special and primary elections, |
22 | the nomination of candidates, primary and election expenses |
23 | and election contests; creating and defining membership of |
24 | county boards of elections; imposing duties upon the |
25 | Secretary of the Commonwealth, courts, county boards of |
26 | elections, county commissioners; imposing penalties for |
27 | violation of the act, and codifying, revising and |
28 | consolidating the laws relating thereto; and repealing |
29 | certain acts and parts of acts relating to elections,' in |
30 | preliminary provisions, defining 'proof of identification'; |
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1 | in the Secretary of the Commonwealth, providing for |
2 | requirements relating to voter identification; in preparation |
3 | for and conduct of primaries and elections, further providing |
4 | for manner of applying to vote, persons entitled to vote, |
5 | voter's certificates, entries to be made in district |
6 | register, numbered lists of voters and challenges; in voting |
7 | by qualified absentee electors, further providing for |
8 | applications for official absentee ballots, for approval of |
9 | application for absentee ballot, for delivering or mailing |
10 | ballots, for canvassing of official absentee ballots and for |
11 | public records; and providing for enforcement and for a |
12 | special procedure at certain elections," is repealed. |
13 | Section 6. This act shall take effect immediately. |
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