PRINTER'S NO. 731 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. |
709 |
Session of 2013 |
INTRODUCED BY SCHWANK, SMITH, WASHINGTON, FARNESE, TEPLITZ, RAFFERTY, FERLO, FONTANA, SOLOBAY, WOZNIAK, COSTA, BAKER, BOSCOLA AND BREWSTER, MARCH 20, 2013
REFERRED TO STATE GOVERNMENT, MARCH 20, 2013
AN ACT
1
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2
"An act concerning elections, including general, municipal,
3
special and primary elections, the nomination of candidates,
4
primary and election expenses and election contests; creating
5
and defining membership of county boards of elections;
6
imposing duties upon the Secretary of the Commonwealth,
7
courts, county boards of elections, county commissioners;
8
imposing penalties for violation of the act, and codifying,
9
revising and consolidating the laws relating thereto; and
10
repealing certain acts and parts of acts relating to
11
elections," further providing for definitions and for
12
qualified absentee electors; providing for absentee voting;
13
and further providing for applications for official absentee
14
ballots, for date of application for absentee ballot, for
15
approval of application for absentee ballot, for official
16
absentee voters ballots, for envelopes for official absentee
17
ballots, for delivering or mailing ballots, for voting by
18
absentee electors, for assistance in voting by certain
19
absentee electors, for canvassing of official absentee
20
ballots and for violation of provisions relating to absentee
21
voting.
22
The General Assembly of the Commonwealth of Pennsylvania
23
hereby enacts as follows:
24
Section 1. Section 102(w) and (z.5) of the act of June 3,
25
1937 (P.L.1333, No.320), known as the Pennsylvania Election
26
Code, amended or added February 13, 1998 (P.L.72, No.18) and
27
March 14, 2012 (P.L.195, No.18), are amended to read:
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
[(w) The words "qualified absentee elector" shall mean:
6
(1) Any qualified elector who is or who may be in the
7
military service of the United States regardless of whether at
8
the time of voting he is present in the election district of his
9
residence or is within or without this Commonwealth and
10
regardless of whether he is registered or enrolled; or
11
(2) Any qualified elector who is a spouse or dependent
12
residing with or accompanying a person in the military service
13
of the United States if at the time of voting such spouse or
14
dependent is absent from the municipality of his residence:
15
Provided, however, That the said elector has been registered or
16
enrolled according to law or is entitled, under provisions of
17
the Permanent Registration Law as now or hereinafter enacted by
18
the General Assembly, to absentee registration prior to or
19
concurrently with the time of voting; or
20
(3) Any qualified elector who is or who may be in the
21
service of the Merchant Marine of the United States if at the
22
time of voting he is absent from the municipality of his
23
residence: Provided, however, That the said elector has been
24
registered or enrolled according to law or is entitled, under
25
provisions of the Permanent Registration Law as now or
26
hereinafter enacted by the General Assembly, to absentee
27
registration prior to or concurrently with the time of voting;
28
or
29
(4) Any qualified elector who is a spouse or dependent
30
residing with or accompanying a person who is in the service of
1
the Merchant Marine of the United States if at the time of
2
voting such spouse or dependent is absent from the municipality
3
of his residence: Provided, however, That the said elector has
4
been registered or enrolled according to law or is entitled,
5
under provisions of the Permanent Registration Law as now or
6
hereinafter enacted by the General Assembly, to absentee
7
registration prior to or concurrently with the time of voting;
8
or
9
(5) Any qualified elector who is or who may be in a
10
religious or welfare group officially attached to and serving
11
with the armed forces if at the time of voting he is absent from
12
the municipality of his residence: Provided, however, That the
13
said elector has been registered or enrolled according to law or
14
is entitled, under provisions of the Permanent Registration Law
15
as now or hereinafter enacted by the General Assembly, to
16
absentee registration prior to or concurrently with the time of
17
voting; or
18
(6) Any qualified elector who is a spouse or dependent
19
residing with or accompanying a person in a religious or welfare
20
group officially attached to and serving with the armed forces
21
if at the time of voting such spouse or dependent is absent from
22
the municipality of his residence: Provided, however, That the
23
said elector has been registered or enrolled according to law or
24
is entitled, under provisions of the Permanent Registration Law
25
as now or hereinafter enacted by the General Assembly, to
26
absentee registration prior to or concurrently with the time of
27
voting; or
28
(7) Any qualified elector who expects to be or is outside
29
the territorial limits of the several States of the United
30
States and the District of Columbia because his duties,
1
occupation or business require him to be elsewhere during the
2
entire period the polls are open for voting on the day of any
3
primary or election or who is or who may be a civilian employee
4
of the United States outside the territorial limits of the
5
several States of the United States and the District of
6
Columbia, whether or not such elector is subject to civil-
7
service laws and the Classification Act of 1949 and whether or
8
not paid from funds appropriated by the Congress, if at the time
9
of voting he is absent from the municipality of his residence:
10
Provided, however, That said elector has been registered or
11
enrolled according to law or is entitled, under provisions of
12
the Permanent Registration Law as now or hereinafter enacted by
13
the General Assembly, to absentee registration prior to or
14
concurrently with the time of voting; or
15
(8) Any qualified elector who is a spouse or dependent
16
residing with or accompanying a person who expects to be or is
17
outside the territorial limits of the several States of the
18
United States and the District of Columbia because his duties,
19
occupation or business require him to be elsewhere during the
20
entire period the polls are open for voting on the day of any
21
primary or election or who is a spouse or dependent residing
22
with or accompanying a person who is a civilian employee of the
23
United States outside the territorial limits of the several
24
States of the United States and the District of Columbia whether
25
or not such person is subject to civil-service laws and the
26
Classification Act of 1949 and whether or not paid from funds
27
appropriated by the Congress if at the time of voting such
28
spouse or dependent is absent from the municipality of his
29
residence: Provided, however, That the said elector has been
30
registered or enrolled according to law or is entitled, under
1
provisions of the Permanent Registration Law as now or
2
hereinafter enacted by the General Assembly, to absentee
3
registration prior to or concurrently with the time of voting;
4
or
5
(9) Any qualified war veteran elector who is bedridden or
6
hospitalized due to illness or physical disability if he is
7
absent from the municipality of his residence and unable to
8
attend his polling place because of such illness or physical
9
disability regardless of whether he is registered and enrolled;
10
or
11
(10) Any qualified, registered and enrolled elector who
12
expects to be or is absent from the municipality of his
13
residence because his duties, occupation or business require him
14
to be elsewhere during the entire period the polls are open for
15
voting on the day of any primary or election; or
16
(11) Any qualified, registered and enrolled elector who is
17
unable to attend his polling place because of illness or
18
physical disability; or
19
(12) Any qualified, registered and enrolled elector who is a
20
spouse or dependent accompanying a person employed in the
21
service of this Commonwealth or in the service of the Federal
22
Government within the territorial limits of the several States
23
of the United States and the District of Columbia in the event
24
the duties, profession or occupation of such person require him
25
to be absent from the municipality of his residence; or
26
(13) Any qualified elector who is a county employe who
27
cannot vote due to duties on election day relating to the
28
conduct of the election; or
29
(14) Any qualified elector who will not attend a polling
30
place because of the observance of a religious holiday:
1
Provided, however, That the words "qualified absentee
2
elector" shall in nowise be construed to include persons
3
confined in a penal institution or a mental institution nor
4
shall it in anywise be construed to include a person not
5
otherwise qualified as a qualified elector in accordance with
6
the definition set forth in section 102(t) of this act.]
7
* * *
8
(z.5) The words "proof of identification" shall mean:
9
(1) In the case of an elector who has a religious objection
10
to being photographed, a valid-without-photo driver's license or
11
a valid-without-photo identification card issued by the
12
Department of Transportation.
13
(2) For an elector who appears to vote under section 1210, a
14
document that:
15
(
i) shows the name of the individual to whom the document
16
was issued and the name substantially conforms to the name of
17
the individual as it appears in the district register;
18
(
ii) shows a photograph of the individual to whom the
19
document was issued;
20
(
iii) includes an expiration date and is not expired,
21
except:
22
(A) for a document issued by the Department of
23
Transportation which is not more than twelve (12) months past
24
the expiration date; or
25
(B) in the case of a document from an agency of the Armed
26
forces of the United States or their reserve components,
27
including the Pennsylvania National Guard, establishing that the
28
elector is a current member of or a veteran of the United States
29
Armed Forces or National Guard which does not designate a
30
specific date on which the document expires, but includes a
1
designation that the expiration date is indefinite; and
2
(iv) was issued by one of the following:
3
(A) The United States Government.
4
(B) The Commonwealth of Pennsylvania.
5
(C) A municipality of this Commonwealth to an employee of
6
that municipality.
7
(
D) An accredited Pennsylvania public or private institution
8
of higher learning.
9
(
E) A Pennsylvania care facility.
10
(3) For a qualified [absentee] elector under section [1301]
11
1301.1:
12
(i) in the case of an elector who has been issued a current
13
and valid driver's license, the elector's driver's license
14
number;
15
(ii) in the case of an elector who has not been issued a
16
current and valid driver's license, the last four digits of the
17
elector's Social Security number;
18
(iii) in the case of an elector who has a religious
19
objection to being photographed, a copy of a document that
20
satisfies paragraph (1); or
21
(iv) in the case of an elector who has not been issued a
22
current and valid driver's license or Social Security number, a
23
copy of a document that satisfies paragraph (2).
24
Section 2. The heading of Article XIII of the act, amended
25
August 13, 1963 (P.L.707, No.379), is amended to read:
26
ARTICLE XIII
27
Voting By [Qualified] Absentee
28
Electors
29
Section 3. Section 1301 of the act, amended February 13,
30
1998 (P.L.72, No.18), is repealed:
1
[Section 1301. Qualified Absentee Electors.--The following
2
persons shall be entitled to vote by an official absentee ballot
3
in any primary or election held in this Commonwealth in the
4
manner hereinafter provided:
5
(a) Any qualified elector who is or who may be in the
6
military service of the United States regardless of whether at
7
the time of voting he is present in the election district of his
8
residence or is within or without this Commonwealth and
9
regardless of whether he is registered or enrolled; or
10
(b) Any qualified elector who is a spouse or dependent
11
residing with or accompanying a person in the military service
12
of the United States if at the time of voting such spouse or
13
dependent is absent from the municipality of his residence:
14
Provided, however, That the said elector has been registered or
15
enrolled according to law or is entitled, under provisions of
16
the Permanent Registration Law as now or hereinafter enacted by
17
the General Assembly, to absentee registration prior to or
18
concurrently with the time of voting; or
19
(c) Any qualified elector who is or who may be in the
20
service of the Merchant Marine of the United States if at the
21
time of voting he is absent from the municipality of his
22
residence: Provided, however, That the said elector has been
23
registered or enrolled according to law or is entitled, under
24
provisions of the Permanent Registration Law as now or
25
hereinafter enacted by the General Assembly, to absentee
26
registration prior to or concurrently with the time of voting;
27
or
28
(d) Any qualified elector who is a spouse or dependent
29
residing with or accompanying a person who is in the service of
30
the Merchant Marine of the United States if at the time of
1
voting such spouse or dependent is absent from the municipality
2
of his residence: Provided, however, That the said elector has
3
been registered or enrolled according to law or is entitled,
4
under provisions of the Permanent Registration Law as now or
5
hereinafter enacted by the General Assembly, to absentee
6
registration prior to or concurrently with the time of voting;
7
or
8
(e) Any qualified elector who is or who may be in a
9
religious or welfare group officially attached to and serving
10
with the armed forces if at the time of voting he is absent from
11
the municipality of his residence: Provided, however, That the
12
said elector has been registered or enrolled according to law or
13
is entitled, under provisions of the Permanent Registration Law
14
as now or hereinafter enacted by the General Assembly, to
15
absentee registration prior to or concurrently with the time of
16
voting; or
17
(f) Any qualified elector who is a spouse or dependent
18
residing with or accompanying a person in a religious or welfare
19
group officially attached to and serving with the armed forces
20
if at the time of voting such spouse or dependent is absent from
21
the municipality of his residence: Provided, however, That the
22
said elector has been registered or enrolled according to law or
23
is entitled, under provisions of the Permanent Registration Law
24
as now or hereinafter enacted by the General Assembly, to
25
absentee registration prior to or concurrently with the time of
26
voting; or
27
(g) Any qualified elector who expects to be or is outside
28
the territorial limits of the several States of the United
29
States and the District of Columbia because his duties,
30
occupation or business require him to be elsewhere during the
1
entire period the polls are open for voting on the day of any
2
primary or election or who is or who may be a civilian employee
3
of the United States outside the territorial limits of the
4
several States of the United States and the District of
5
Columbia, whether or not such elector is subject to civil-
6
service laws and the Classification Act of 1949 and whether or
7
not paid from funds appropriated by the Congress, if at the time
8
of voting he is absent from the municipality of his residence:
9
Provided, however, That said elector has been registered or
10
enrolled according to law or is entitled, under provisions of
11
the Permanent Registration Law as now or hereinafter enacted by
12
the General Assembly, to absentee registration prior to or
13
concurrently with the time of voting; or
14
(h) Any qualified elector who is a spouse or dependent
15
residing with or accompanying a person who expects to be or is
16
outside the territorial limits of the several States of the
17
United States and the District of Columbia because his duties,
18
occupation or business require him to be elsewhere during the
19
entire period the polls are open for voting on the day of any
20
primary or election or who is a spouse or dependent residing
21
with or accompanying a person who is a civilian employee of the
22
United States outside the territorial limits of the several
23
States of the United States and the District of Columbia,
24
whether or not such person is subject to civil-service laws and
25
the Classification Act of 1949 and whether or not paid from
26
funds appropriated by the Congress, if at the time of voting
27
such spouse or dependent is absent from the municipality of his
28
residence: Provided, however, That the said elector has been
29
registered or enrolled according to law or is entitled, under
30
provisions of the Permanent Registration Law as now or
1
hereinafter enacted by the General Assembly, to absentee
2
registration prior to or concurrently with the time of voting;
3
or
4
(i) Any qualified war veteran elector who is bedridden or
5
hospitalized due to illness or physical disability if he is
6
absent from the municipality of his residence and unable to
7
attend his polling place because of such illness or physical
8
disability regardless of whether he is registered and enrolled;
9
or
10
(j) Any qualified registered and enrolled elector who
11
expects to be or is absent from the municipality of his
12
residence because his duties, occupation or business require him
13
to be elsewhere during the entire period the polls are open for
14
voting on the day of any primary or election; or
15
(k) Any qualified registered and enrolled elector who
16
because of illness or physical disability is unable to attend
17
his polling place or operate a voting machine and secure
18
assistance by distinct and audible statement as required in
19
section 1218 of this act;
20
(l) Any qualified registered and enrolled elector who is a
21
spouse or dependent accompanying a person employed in the
22
service of this Commonwealth or in the service of the Federal
23
Government within the territorial limits of the several States
24
of the United States and the District of Columbia in the event
25
the duties, profession or occupation of such person require him
26
to be absent from the municipality of his residence; or
27
(m) Any qualified elector who is a county employe who cannot
28
vote due to duties on election day relating to the conduct of
29
the election; or
30
(n) Any qualified elector who will not attend a polling
1
place because of the observance of a religious holiday:
2
Provided, however, That the words "qualified absentee
3
elector" shall in nowise be construed to include persons
4
confined in a penal institution or a mental institution nor
5
shall it in anywise be construed to include a person not
6
otherwise qualified as a qualified elector in accordance with
7
the definition set forth in section 102(t) of this act.]
8
Section 4. The act is amended by adding a section to read:
9
Section 1301.1. Absentee Voting.--(a) Notwithstanding any
10
other provision of law, commencing with the 2014 primary
11
election, all qualified electors not serving a term of
12
imprisonment who request an absentee ballot application not
13
later than five o'clock P.M. on the first Tuesday prior to an
14
election shall be granted an absentee ballot and shall be
15
entitled to vote in the election by absentee ballot.
16
(b) Qualified electors who request an absentee ballot later
17
than five o'clock P.M. of the first Tuesday prior to the
18
election shall be entitled to cast their votes in the election
19
by absentee ballot in accordance with the provisions of this
20
article relating to emergency application.
21
(c) Notwithstanding any other provision of law, absentee
22
ballot application forms shall require only information
23
reasonably needed to determine an elector's qualification to
24
vote and polling location.
25
(d) Absentee ballot application requests may be submitted in
26
writing, electronically or in person to the county board of
27
elections.
28
Section 5. Section 1302 of the act, amended February 13,
29
1998 (P.L.72, No.18), December 9, 2002 (P.L.1246, No.150) and
30
March 14, 2012 (P.L.195, No.18), is amended to read:
1
Section 1302. Applications for Official Absentee Ballots.--
2
(a) Any qualified elector [defined in preceding section 1301,
3
subsections (a) to (h), inclusive,] may apply at any time before
4
any primary or election for any official absentee ballot in
5
person, on any form supplied by the Federal Government, or on
6
any official county board of election form addressed to the
7
Secretary of the Commonwealth of Pennsylvania or the county
8
board of election of the county in which his voting residence is
9
located.
10
(b) [The application shall contain the following
11
information: Home residence at the time of entrance into actual
12
military service or Federal employment, length of time a
13
citizen, length of residence in Pennsylvania, date of birth,
14
length of time a resident of voting district, voting district if
15
known, party choice in case of primary, name and, for a military
16
elector, his stateside military address, FPO or APO number and
17
serial number. Any elector other than a military elector shall
18
in addition specify the nature of his employment, the address to
19
which ballot is to be sent, relationship where necessary, and
20
such other information as may be determined and prescribed by
21
the Secretary of the Commonwealth. When such application is
22
received by the Secretary of the Commonwealth it shall be
23
forwarded to the proper county board of election.] (Reserved).
24
(c) The application of any qualified elector[, as defined in
25
section 1301(a), (b), (c), (d), (e), (f), (g) and (h),] for an
26
official absentee ballot in any primary or election may not be
27
made over the signature of any person, other than the qualified
28
elector or an adult member of his immediate family, as required
29
in the preceding subsection. [A qualified absentee military or
30
overseas elector, as defined by the Uniformed and Overseas
1
Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),
2
may submit his application for an official absentee ballot by
3
facsimile method if the original application is received prior
4
to the election by the county election office.] The absentee
5
ballot of the [qualified military or] overseas elector, as
6
defined by the Uniformed and Overseas Citizens Absentee Voting
7
Act (Public Law 99-410, 100 Stat. 924), shall not be counted
8
unless the elector's original application is received prior to
9
the election by the county election office. [The facsimile
10
method shall not be acceptable for the official absentee
11
ballot.]
12
(d) The application of any qualified elector[, as defined in
13
preceding section 1301, subsections (b) to (h), inclusive,] for
14
an official absentee ballot in any primary or election shall be
15
signed by the applicant.
16
(e) Any qualified bedridden or hospitalized veteran absent
17
from the municipality of his residence and unable to attend his
18
polling place because of such illness or physical disability,
19
regardless of whether he is registered or enrolled, may apply at
20
any time before any primary or election for an official absentee
21
ballot on any official county board of election form addressed
22
to the Secretary of the Commonwealth of Pennsylvania or the
23
county board of elections of the county in which his voting
24
residence is located.
25
The application shall contain the following information:
26
Residence at the time of becoming bedridden or hospitalized,
27
length of time a citizen, length of residence in Pennsylvania,
28
date of birth, length of time a resident in voting district,
29
voting district if known, party choice in case of primary, name
30
and address of present residence or hospital at which
1
hospitalized. When such application is received by the Secretary
2
of the Commonwealth, it shall be forwarded to the proper county
3
board of elections.
4
The application for an official absentee ballot for any
5
primary or election shall be made on information supplied over
6
the signature of the bedridden or hospitalized veteran as
7
required in the preceding subsection. Any qualified registered
8
elector[, including a spouse or dependent referred to in
9
subsection (l) of section 1301,] who expects to be or is absent
10
from the municipality of his residence because his duties,
11
occupation or business require him to be elsewhere on the day of
12
any primary or election and any qualified registered elector who
13
is unable to attend his polling place on the day of any primary
14
or election because of illness or physical disability and any
15
qualified registered bedridden or hospitalized veteran in the
16
county of residence, or in the case of a county employe who
17
cannot vote due to duties on election day relating to the
18
conduct of the election, or in the case of a person who will not
19
attend a polling place because of the observance of a religious
20
holiday, may apply to the county board of elections of the
21
county in which his voting residence is located for an Official
22
Absentee Ballot. Such application shall be made upon an official
23
application form supplied by the county board of elections. Such
24
official application form shall be determined and prescribed by
25
the Secretary of the Commonwealth of Pennsylvania.
26
(1) [The application of any qualified registered elector,
27
including spouse or dependent referred to in subsection (l) of
28
section 1301, who expects to be or is absent from the
29
municipality of his residence because his duties, occupation or
30
business require him to be elsewhere on the day of any primary
1
or election, or in the case of a county employe who cannot vote
2
due to duties on election day relating to the conduct of the
3
election, or in the case of a person who will not attend a
4
polling place because of the observance of a religious holiday,
5
shall be signed by the applicant and shall include the surname
6
and given name or names of the applicant, proof of
7
identification, his occupation, date of birth, length of time a
8
resident in voting district, voting district if known, place of
9
residence, post office address to which ballot is to be mailed,
10
the reason for his absence, and such other information as shall
11
make clear to the county board of elections the applicant's
12
right to an official absentee ballot.] (Reserved).
13
(2) The application of any qualified registered elector who
14
is unable to attend his polling place on the day of any primary
15
or election because of illness or physical disability and the
16
application of any qualified registered bedridden or
17
hospitalized veteran in the county of residence shall be signed
18
by the applicant and shall include surname and given name or
19
names of the applicant, proof of identification, his occupation,
20
date of birth, residence at the time of becoming bedridden or
21
hospitalized, length of time a resident in voting district,
22
voting district if known, place of residence, post office
23
address to which ballot is to be mailed, and such other
24
information as shall make clear to the county board of elections
25
the applicant's right to an official ballot. In addition, the
26
application of such electors shall include a declaration stating
27
the nature of their disability or illness, and the name, office
28
address and office telephone number of their attending
29
physician: Provided, however, That in the event any elector
30
entitled to an absentee ballot under this subsection be unable
1
to sign his application because of illness or physical
2
disability, he shall be excused from signing upon making a
3
statement which shall be witnessed by one adult person in
4
substantially the following form: I hereby state that I am
5
unable to sign my application for an absentee ballot without
6
assistance because I am unable to write by reason of my illness
7
or physical disability. I have made or have received assistance
8
in making my mark in lieu of my signature.
9
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(Date) |
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(Complete Address of Witness) |
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(Signature of Witness) |
13
(e.1) Any qualified registered elector, including any
14
qualified bedridden or hospitalized veteran, who is unable
15
because of illness or physical disability to attend his polling
16
place on the day of any primary or election or operate a voting
17
machine and state distinctly and audibly that he is unable to do
18
so as required by section 1218 of this act may, with the
19
certification by his attending physician that he is permanently
20
disabled, and physically unable to attend the polls or operate a
21
voting machine and make the distinct and audible statement
22
required by section 1218 appended to the application
23
hereinbefore required, be placed on a permanently disabled
24
absentee ballot list file. An absentee ballot application shall
25
be mailed to every such person for each primary or election so
26
long as he does not lose his voting rights by failure to vote as
27
otherwise required by this act. Such person shall not be
28
required to file a physician's certificate of disability with
29
each application as required in subsection (e) of this section
30
but such person must submit a written statement asserting
1
continuing disability every four years in order to maintain his
2
eligibility to vote under the provisions of this subsection.
3
Should any such person lose his disability he shall inform the
4
county board of elections of the county of his residence.
5
(e.2) [Notwithstanding the other provisions of this act any
6
qualified elector who expects to be or is absent from the
7
municipality of his residence because his duties, occupation or
8
business require him to be elsewhere on the day of any election
9
or a county employe who cannot vote due to duties on election
10
day relating to the conduct of the election or a person who will
11
not attend a polling place because of the observance of a
12
religious holiday may make an application for an absentee ballot
13
by mail by sending a letter to the county board of elections in
14
the county in which his voting residence is located. The letter
15
shall be signed by the applicant and contain his name, place of
16
residence and proof of identification.] (Reserved).
17
(f) The county chairman of each political party or the head
18
of each political body shall designate one representative from
19
his respective political party or body for each public
20
institution. The representatives so appointed shall, at the same
21
time on a date fixed by the county board of election visit every
22
public institution situate in the county for the purpose of
23
obtaining the names and addresses of public institution
24
residents who desire to receive applications for absentee
25
ballots and to act as an election board as provided in
26
subsection (g) of this section. The list of names and addresses
27
thus obtained shall then be submitted by said representatives to
28
the board which shall furnish applications individually to those
29
appearing in the written request. If the chairman or head of a
30
political party or body fails to appoint a representative within
1
fifteen days from written notice from the county board of
2
election, the county board of election shall appoint a
3
representative from the political party or body.
4
(g) The county board of election shall appoint teams of
5
three members for each public institution that shall go to the
6
public institutions and hold the election on the first Friday
7
prior to election day. Each member of the board shall appoint
8
one member on every team. After the votes are cast, the teams
9
shall collect the ballots and return them to the county board of
10
election where they shall be placed unopened in a secure, safe
11
and sealed container in the custody of the board until they
12
shall be distributed to the respective absentee voters' election
13
district as provided in section 1308 of this act where they
14
shall be counted with the other absentee ballots, if any.
15
(h) The county board of election shall number, in
16
chronological order, the applications for an official absentee
17
ballot, which number shall likewise appear on the official
18
absentee ballot for the qualified elector. The numbers shall
19
appear legibly and in a conspicuous place but before the ballots
20
are distributed the number on the ballot shall be torn off by
21
the county board of election. This number information shall be
22
appropriately inserted and become a part of the Registered
23
Absentee Voters File and the Military, Veterans and Emergency
24
Civilian Absentee Voters File provided in section 1302.3 of this
25
act.
26
(i) Application for official absentee ballots shall be on
27
forms prescribed by the Secretary of the Commonwealth. [The
28
application shall state that a voter who receives an absentee
29
ballot pursuant to section 1301 and who, on election day, is
30
capable of voting at the appropriate polling place must void the
1
absentee ballot and vote in the normal manner at the appropriate
2
voting place.] Such forms shall be made freely available to the
3
public at county board of elections, municipal buildings and at
4
such other locations designated by the secretary. No written
5
application or personal request shall be necessary to receive
6
the application forms. Copies of all completed applications for
7
official absentee ballots shall be retained by the county board
8
of elections.
9
(j) Notwithstanding the provisions of this section requiring
10
proof of identification, a qualified [absentee] elector shall
11
not be required to provide proof of identification if the
12
elector is entitled to vote by absentee ballot under the
13
Uniformed and Overseas Citizens Absentee Voting Act (Public Law
14
99-410, 100 Stat. 924) or by an alternative ballot under the
15
Voting Accessibility for the Elderly and Handicapped Act (Public
16
Law 98-435, 98 Stat. 1678).
17
Section 6. Section 1302.1(a.2) of the act, amended November
18
9, 2006 (P.L.1330, No.137), is amended to read:
19
Section 1302.1. Date of Application for Absentee Ballot.--*
20
* *
21
(a.2) In the event any elector otherwise qualified who
22
becomes so physically disabled or ill between five o'clock P.M.
23
on the first Friday preceding any primary or election and eight
24
o'clock P.M. on the day of any primary or election that he is
25
unable to appear at his polling place or any elector otherwise
26
qualified who because of the conduct of his business, duties or
27
occupation will necessarily be absent from the municipality of
28
his residence on the day of the primary or election, which fact
29
was not and could not reasonably be known to said elector prior
30
to five o'clock P.M. on the first Friday preceding any primary
1
or election, the elector shall be entitled to an absentee ballot
2
if the elector completes and files with the court of common
3
pleas in the county in which the elector is qualified to vote an
4
Emergency Application or a letter or other signed document,
5
which includes the same information as is provided on the
6
Emergency Application. Upon a determination that the [elector is
7
a qualified absentee elector under section 1301] information
8
submitted is valid, the judge shall issue an absentee ballot to
9
the elector. If the elector is unable to appear in court to
10
receive the ballot, the judge shall give the elector's absentee
11
ballot to an authorized representative of the elector who is
12
designated in writing by the elector. The authorized
13
representative shall deliver the absentee ballot to the elector
14
and return the completed absentee ballot, sealed in the official
15
absentee ballot envelopes, to the county board of elections, who
16
shall distribute the ballot, unopened, to the absentee voter's
17
election district. If the elector is unable to appear in court
18
or unable to obtain assistance from an authorized
19
representative, the judge shall direct a deputy sheriff of the
20
county to deliver the absentee ballot to the elector if the
21
elector is at a physical location within the county and return
22
the completed absentee ballot, sealed in the official absentee
23
ballot envelopes, to the county board of elections, who shall
24
distribute the ballots, unopened, to the absentee voter's
25
respective election district. If there is no authorized
26
representative and a deputy sheriff is unavailable to deliver an
27
absentee ballot under this section, the judge may direct a
28
constable to make such delivery in accordance with the
29
provisions of this section. In the case of an elector who
30
requires assistance in marking the elector's ballot, the elector
1
shall designate in writing the person who will assist in marking
2
the ballot. Such person shall be otherwise eligible to provide
3
assistance to electors eligible for assistance, and such person
4
shall declare in writing that assistance was rendered. Any
5
person other than the designee who shall render assistance in
6
marking a ballot or any person rendering assistance who shall
7
fail to execute a declaration shall be guilty of a violation of
8
this act. No absentee ballot under this subsection shall be
9
counted which is received in the office of the county board of
10
elections later than eight o'clock P.M. on the day of the
11
primary or election.
12
* * *
13
Section 7. Section 1302.2 of the act, amended December 11,
14
1968 (P.L.1183, No.375) and March 14, 2012 (P.L.195, No.18), is
15
amended to read:
16
Section 1302.2. Approval of Application for Absentee
17
Ballot.--
18
(a) The county board of elections, upon receipt of any
19
application filed by a qualified elector [not required to be
20
registered under preceding section 1301,] shall ascertain from
21
the information on such application, district register or from
22
any other source that such applicant possesses all the
23
qualifications of a qualified elector [other than being
24
registered or enrolled]. If the board is satisfied that the
25
applicant is qualified to receive an official absentee ballot,
26
the application shall be marked approved such approval decision
27
shall be final and binding [except that challenges may be made
28
only on the ground that the applicant did not possess
29
qualifications of an absentee elector. Such challenges must be
30
made to the county board of elections prior to 5:00 o'clock P.
1
M. on the first Friday prior to the election]. When so approved,
2
the county board of elections shall cause the applicant's name
3
and residence (and at a primary, the party enrollment) to be
4
inserted in the Military, Veterans and Emergency Civilians
5
Absentee Voters File as provided in section 1302.3, subsection
6
(b): Providing, however, That no application of any qualified
7
elector in military service shall be rejected for failure to
8
include on his application any information if such information
9
may be ascertained within a reasonable time by the county board
10
of elections.
11
(b) The county board of elections, upon receipt of any
12
application filed by a qualified elector who is entitled, under
13
the provisions of the Permanent Registration Law as now or
14
hereinafter enacted by the General Assembly, to absentee
15
registration prior to or concurrently with the time of voting as
16
provided under preceding section [1301] 1301.1, shall ascertain
17
from the information on such application or from any other
18
source that such applicant possesses all the qualifications of a
19
qualified elector. If the board is satisfied that the applicant
20
is entitled, under the provisions of the Permanent Registration
21
Law as now or hereinafter enacted by the General Assembly, to
22
absentee registration prior to or concurrently with the time of
23
voting and that the applicant is qualified to receive an
24
official absentee ballot, the application shall be marked
25
"approved." Such approval decision shall be final and binding
26
[except that challenges may be made only on the ground that the
27
applicant did not possess the qualifications of an absentee
28
elector prior to or concurrently with the time of voting. Such
29
challenges must be made to the county board of elections prior
30
to 5:00 o'clock P. M. on the first Friday prior to the
1
election]. When so approved, the county board of elections shall
2
cause the applicant's name and residence (and at a primary, the
3
party enrollment) to be inserted in the Military, Veterans and
4
Emergency Civilian Absentee Voters File as provided in section
5
1302.3 subsection (b).
6
(c) The county board of elections, upon receipt of any
7
application of a qualified elector required to be registered
8
under the provisions of preceding section [1301] 1301.1, shall
9
determine the qualifications of such applicant by verifying the
10
proof of identification and comparing the information set forth
11
on such application with the information contained on the
12
applicant's permanent registration card. If the board is
13
satisfied that the applicant is qualified to receive an official
14
absentee ballot, the application shall be marked "approved."
15
Such approval decision shall be final and binding[, except that
16
challenges may be made only on the ground that the applicant did
17
not possess the qualifications of an absentee elector. Such
18
challenges must be made to the county board of elections prior
19
to 5:00 o'clock P. M. on the first Friday prior to the
20
election]. When so approved, the registration commission shall
21
cause an absentee voter's temporary registration card to be
22
inserted in the district register on top of and along with the
23
permanent registration card. The absentee voter's temporary
24
registration card shall be in the color and form prescribed in
25
subsection (e) of this section:
26
Provided, however, That the duties of the county boards of
27
elections and the registration commissions with respect to the
28
insertion of the absentee voter's temporary registration card of
29
any elector from the district register as set forth in section
30
1302.2 shall include only such applications and emergency
1
applications as are received on or before the first Tuesday
2
prior to the primary or election. In all cases where
3
applications are received after the first Tuesday prior to the
4
primary or election and before five o'clock P. M. on the first
5
Friday prior to the primary or election, the county board of
6
elections shall determine the qualifications of such applicant
7
by verifying the proof of identification and comparing the
8
information set forth on such application with the information
9
contained on the applicant's duplicate registration card on file
10
in the General Register (also referred to as the Master File) in
11
the office of the Registration Commission and shall cause the
12
name and residence (and at primaries, the party enrollment) to
13
be inserted in the Military, Veterans and Emergency Civilian
14
Absentee Voters File as provided in section 1302.3, subsection
15
(b). In addition, the local district boards of elections shall,
16
upon canvassing the official absentee ballots under section
17
1308, examine the voting check list of the election district of
18
said elector's residence and satisfy itself that such elector
19
did not cast any ballot other than the one properly issued to
20
him under his absentee ballot application. In all cases where
21
the examination of the local district board of elections
22
discloses that an elector did vote a ballot other than the one
23
properly issued to him under the absentee ballot application,
24
the local district board of elections shall thereupon cancel
25
said absentee ballot and said elector shall be subject to the
26
penalties as hereinafter set forth.
27
(d) In the event that any application for an official
28
absentee ballot is not approved by the county board of
29
elections, the elector shall be notified immediately to that
30
effect with a statement by the county board of the reasons for
1
the disapproval. For those applicants whose proof of
2
identification was not provided with the application or could
3
not be verified by the board, the board shall send notice to the
4
elector with the absentee ballot requiring the elector to
5
provide proof of identification with the absentee ballot or the
6
ballot will not be counted.
7
(e) The absentee voter's temporary registration card shall be
8
in duplicate and the same size as the permanent registration
9
card, in a different and contrasting color to the permanent
10
registration card and shall contain the absentee voter's name
11
and address and shall conspicuously contain the words "Absentee
12
Voter." Such card shall also contain the affidavit required by
13
subsection (b) of section 1306.
14
(f) Notwithstanding the provisions of this section, a
15
qualified [absentee] elector shall not be required to provide
16
proof of identification if the elector is entitled to vote by
17
absentee ballot under the Uniformed and Overseas Citizens
18
Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
19
alternative ballot under the Voting Accessibility for the
20
Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).
21
Section 8. Section 1303(e) of the act, amended May 5, 1986
22
(P.L.150, No.47), is amended to read:
23
Section 1303. Official Absentee Voters Ballots.--* * *
24
(e) [The official absentee voter ballot shall state that a
25
voter who receives an absentee ballot pursuant to section 1301
26
and who, on election day, is capable of voting at the
27
appropriate polling place must void the absentee ballot and vote
28
in the normal manner at the appropriate voting place.]
29
(Reserved).
30
Section 9. Section 1304 of the act, amended December 11,
1
1968 (P.L.1183, No.375), is amended to read:
2
Section 1304. Envelopes for Official Absentee Ballots.--
3
The county boards of election shall provide two additional
4
envelopes for each official absentee ballot of such size and
5
shape as shall be prescribed by the Secretary of the
6
Commonwealth, in order to permit the placing of one within the
7
other and both within the mailing envelope. On the smaller of
8
the two envelopes to be enclosed in the mailing envelope shall
9
be printed, stamped or endorsed the words "Official Absentee
10
Ballot," and nothing else. On the larger of the two envelopes,
11
to be enclosed within the mailing envelope, shall be printed the
12
form of the declaration of the elector, and the name and address
13
of the county board of election of the proper county. The larger
14
envelope shall also contain information indicating the local
15
election district of the absentee voter. Said form of
16
declaration and envelope shall be as prescribed by the Secretary
17
of the Commonwealth and shall contain among other things a
18
statement of the electors qualifications, together with a
19
statement that such elector has not already voted in such
20
primary or election. The mailing envelope addressed to the
21
elector shall contain the two envelopes, the official absentee
22
ballot, lists of candidates, when authorized by section 1303
23
subsection (b) of this act, the uniform instructions in form and
24
substance as prescribed by the Secretary of the Commonwealth and
25
nothing else: Provided, however, That envelopes for electors
26
[qualified] voting under preceding section [1301, subsections
27
(a) to (h), inclusive,] 1301.1 shall have printed across the
28
face of each transmittal or return envelope two parallel
29
horizontal red bars, each one-quarter inch wide, extending from
30
one side of the envelope to the other side, with an intervening
1
space of one-quarter inch, the top bar to be one and one-quarter
2
inches from the top of the envelope and with the words "Official
3
Election Balloting Material via Air Mail" between the bars; that
4
there be printed, in the upper right corner of each such
5
envelope in a box, the words "Free of U. S. Postage, Including
6
Air Mail;" that all printing on the face of each such envelope
7
be in red, and that there be printed in red, in the upper left
8
corner of each such envelope, the name and address of the county
9
board of elections of the proper county or blank lines for
10
return address of the sender:
11
Provided further, That the aforesaid envelope addressed to
12
the elector may contain absentee registration forms where
13
required, and shall contain detailed instructions on the
14
procedures to be observed in casting an absentee ballot as
15
prescribed by the Secretary of the Commonwealth, together with
16
return envelope upon which is printed the name and address of
17
the registration commission of the proper county, which envelope
18
shall have printed across the face two parallel horizontal red
19
bars, each one-quarter inch wide, extending from one side of the
20
envelope to the other side, with an intervening space of one-
21
quarter inch, the top bar to be one and one-quarter inches from
22
the top of the envelope and with the words "Official Election
23
Balloting Material via Air Mail" between the bars; that there be
24
printed in the upper right corner of each such envelope in a box
25
the words "Free of U. S. Postage, Including Air Mail," and, in
26
the upper left corner of each such envelope, blank lines for
27
return address of the sender; that all printing on the face of
28
each such envelope be in red.
29
Section 10. Section 1305 of the act, amended March 14, 2012
30
(P.L.195, No.18), is amended to read:
1
Section 1305. Delivering or Mailing Ballots.--
2
(a) The county board of elections upon receipt and approval
3
of an application filed by any elector [qualified] in accordance
4
with the provisions of section [1301, subsections (a) to (h),
5
inclusive,] 1301.1 shall not later than fifty days prior to the
6
day of the primary or not later than seventy days prior to the
7
day of the election commence to deliver or mail to such elector
8
who has included with said application a statement that he or
9
she is unable to vote during the regular absentee balloting
10
period by reason of living or performing military service in an
11
extremely remote or isolated area of the world, and not later
12
than forty-five days prior to the day of the primary or election
13
commence to deliver or mail to all other such electors as
14
provided for in section [1301, subsections (a) to (h),
15
inclusive,] 1301.1 official absentee ballots or special write-in
16
absentee ballots as prescribed by subsection (d) of section 1303
17
when official absentee ballots are not yet printed; as
18
additional applications of such electors are received, the board
19
shall deliver or mail official absentee ballots or special
20
write-in absentee ballots when official absentee ballots are not
21
yet printed to such additional electors within forty-eight hours
22
after approval of their application. If the calling of a special
23
election would make it impossible to comply with the forty-five
24
day delivery or mailing requirement of this section, then the
25
county board of elections shall mail absentee ballots or special
26
write-in absentee ballots within five days of the county board's
27
receipt of the information necessary to prepare said ballots.
28
(b) [The county board of elections upon receipt and approval
29
of an application filed by any elector qualified in accordance
30
with the provisions of section 1301, subsections (i) to (l),
1
inclusive, shall commence to deliver or mail official absentee
2
ballots on the second Tuesday prior to the primary or election.
3
For those applicants whose proof of identification was not
4
provided with the application or could not be verified by the
5
board, the board shall send the notice required under section
6
1302.2(d) with the absentee ballot. As additional applications
7
are received and approved, the board shall deliver or mail
8
official absentee ballots to such additional electors within
9
forty-eight hours.] (Reserved).
10
(c) [Notwithstanding the provisions of this section, a
11
qualified absentee elector shall not be required to provide
12
proof of identification if the elector is entitled to vote by
13
absentee ballot under the Uniformed and Overseas Citizens
14
Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
15
alternative ballot under the Voting Accessibility for the
16
Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).]
17
(Reserved).
18
Section 11. Section 1306(a) of the act, amended November 9,
19
2006 (P.L.1330, No.137), is amended to read:
20
Section 1306. Voting by Absentee Electors.--(a) Except as
21
provided in paragraphs (1)[, (2)] and (3), at any time after
22
receiving an official absentee ballot, but on or before five
23
o'clock P.M. on the Friday prior to the primary or election, the
24
elector shall, in secret, proceed to mark the ballot only in
25
black lead pencil, indelible pencil or blue, black or blue-black
26
ink, in fountain pen or ball point pen, and then fold the
27
ballot, enclose and securely seal the same in the envelope on
28
which is printed, stamped or endorsed "Official Absentee
29
Ballot."
30
(1) Any elector who submits an Emergency Application and
1
receives an absentee ballot in accordance with section
2
1302.1(a.2) or (c) shall mark the ballot on or before eight
3
o'clock P.M. on the day of the primary or election. This
4
envelope shall then be placed in the second one, on which is
5
printed the form of declaration of the elector, and the address
6
of the elector's county board of election and the local election
7
district of the elector. The elector shall then fill out, date
8
and sign the declaration printed on such envelope. Such envelope
9
shall then be securely sealed and the elector shall send same by
10
mail, postage prepaid, except where franked, or deliver it in
11
person to said county board of election.
12
(2) [Any elector, spouse of the elector or dependent of the
13
elector, qualified in accordance with the provisions of section
14
1301, subsections (e), (f), (g) and (h) to vote by absentee
15
ballot as herein provided, shall be required to include on the
16
form of declaration a supporting declaration in form prescribed
17
by the Secretary of the Commonwealth, to be signed by the head
18
of the department or chief of division or bureau in which the
19
elector is employed, setting forth the identity of the elector,
20
spouse of the elector or dependent of the elector.] (Reserved).
21
(3) Any elector who has filed his application in accordance
22
with section 1302 subsection (e)(2), and is unable to sign his
23
declaration because of illness or physical disability, shall be
24
excused from signing upon making a declaration which shall be
25
witnessed by one adult person in substantially the following
26
form: I hereby declare that I am unable to sign my declaration
27
for voting my absentee ballot without assistance because I am
28
unable to write by reason of my illness or physical disability.
29
I have made or received assistance in making my mark in lieu of
30
my signature.
|
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2
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3
(Date) |
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5
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(Signature of Witness) |
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6
(Complete Address of Witness) |
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7
* * *
8
Section 12. Section 1306.1 of the act, amended December 9,
9
2002 (P.L.1246, No.150), is amended to read:
10
Section 1306.1. Assistance in Voting by Certain Absentee
11
Electors.--
12
Any elector [qualified to vote] voting with an official
13
absentee ballot in accordance with the provisions of section
14
[1301, subsection (k)] 1301.1, may receive assistance in voting
15
(1) if there is recorded on his registration card his
16
declaration that he has a physical disability which renders him
17
unable to see or mark the official absentee ballot, the exact
18
nature of such disability being recorded on such registration
19
card; (2) if such elector requiring assistance submits with his
20
application for an official absentee ballot, a statement setting
21
forth the precise nature of the disability which renders him
22
unable to see or mark the official absentee ballot and that to
23
the best of his knowledge and belief he will still suffer from
24
the said physical disability at the time of voting his official
25
absentee ballot. He shall acknowledge the same before an officer
26
qualified to take acknowledgement of deeds. Such statement shall
27
be in substantially the following form:
28
Statement of Absentee Elector Requiring Assistance
29
I, ............................................, hereby state
30
(Name of voter requiring assistance)
1
that I require assistance in marking the official absentee
2
ballot for the primary or election held ..................,
3
(Date)
4
19..., that will be issued to me for the following reason:
5
..........................................................
6
(Insert nature of disability)
7
.........................................
8
(Signature or mark of elector)
9
...................................
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(Date of signature or mark)
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Commonwealth of Pennsylvania:
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ss
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County of ..................:
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On this..........day of.........., 19...., before me,
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...................., the undersigned officer personally
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appeared......................., known to me (or satisfactorily
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proven) to be the person whose signature or mark appears on the
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within instrument and acknowledged the same for the purposes
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therein contained.
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In witness whereof, I have hereunto set my hand and official
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seal
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.........................
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(Title of Officer)
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Upon receipt of the official absentee ballot, such elector
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requiring assistance may select a person to assist him in
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voting, such assistance to be rendered in secret: Provided,
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however, That the person rendering assistance may not be the
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elector's employer or an agent of the employer or an officer or
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agent of the elector's union. The person rendering the
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assistance in voting shall complete, date and sign the
1
declaration in such form approved by the Secretary of the
2
Commonwealth, or substantially in the form as set forth below,
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that the person has caused the elector's ballot to be marked in
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accordance with such elector's desires and instruction. Such
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declaration form shall be returned to the county board of
6
elections in the mailing envelope addressed to the county board
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of elections within which the small "official absentee ballot"
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is returned.
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Declaration of Person Rendering Assistance
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I, .......................................,
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(Name of Person rendering assistance)
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hereby declare that I have witnessed the aforesaid elector's
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signature or mark and that I have caused the aforesaid elector's
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ballot to be marked in accordance with the desires and
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instructions of the aforesaid elector.
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...............................................
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(Signature of Person Rendering Assistance)
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...............................................
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(Address)
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Section 13. Section 1308(g) and (i) of the act, amended or
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added May 12, 2006 (P.L.178, No.45) and March 14, 2012 (P.L.195,
22
No.18), are amended to read:
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Section 1308. Canvassing of Official Absentee Ballots.--
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* * *
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(g) (1) An absentee ballot cast by any absentee elector as
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defined in section [1301(a), (b), (c), (d), (e), (f), (g) and
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(h)] 1301.1 which is received in the office of the county board
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of elections after five o'clock P.M. on the Friday immediately
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preceding the election and no later than five o'clock P.M. on
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the seventh day following an election shall be canvassed in
1
accordance with this subsection if the absentee ballot is
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postmarked no later than the day immediately preceding the
3
election.
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(2) The county board of elections shall meet on the eighth
5
day following the election to canvass the absentee ballots
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received under this subsection and subsection (h)(2). One
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authorized representative of each candidate in an election and
8
one representative from each political party shall be permitted
9
to remain in the room in which the absentee ballots are
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canvassed. Representatives shall be permitted to challenge any
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absentee elector in accordance with the provisions of paragraph
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(3).
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(3) When the county board meets to canvass absentee ballots
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under paragraph (2), the board shall examine the declaration on
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the envelope of each ballot not set aside under subsection (d)
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and shall compare the information thereon with that contained in
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the "Registered Absentee Voters File," the absentee voters' list
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and/or the "Military Veterans and Emergency Civilians Absentee
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Voters File," whichever is applicable. If the county board has
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verified the proof of identification as required under this act
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and is satisfied that the declaration is sufficient and the
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information contained in the "Registered Absentee Voters File,"
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the absentee voters' list and/or the "Military Veterans and
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Emergency Civilians Absentee Voters File" verifies his right to
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vote, the county board shall announce the name of the elector
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and shall give any candidate representative or party
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representative present an opportunity to challenge any absentee
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elector upon the ground [or grounds: (i)] that the absentee
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elector is not a qualified elector[; or (ii) that the absentee
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elector was within the municipality of his residence on the day
1
of the primary or election during the period the polls were
2
open, except where he was in the military service or except in
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the case where his ballot was obtained for the reason that he
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was unable to appear personally at the polling place because of
5
illness or physical disability; or (iii) that the absentee
6
elector was able to appear personally at the polling place on
7
the day of the primary or election during the period the polls
8
were open in the case his ballot was obtained for the reason
9
that he was unable to appear personally at the polling place
10
because of illness or physical disability]. Upon challenge of
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any absentee elector, as set forth herein, the board shall mark
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"challenged" on the envelope together with the reasons therefor,
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and the same shall be set aside unopened pending final
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determination of the challenge according to the procedure
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described in paragraph (5).
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(4) All absentee ballots not challenged for [any of the
17
reasons] the reason provided in paragraph (3) shall be counted
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and included with the returns of the applicable election
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district as follows. The county board shall open the envelope of
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every unchallenged absentee elector in such manner as not to
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destroy the declaration executed thereon. If any of the
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envelopes on which are printed, stamped or endorsed the words
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"Official Absentee Ballot" contain any extraneous marks or
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identifying symbols, the envelopes and the ballots contained
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therein shall be set aside and declared void. The county board
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shall then break the seals of such envelopes, remove the ballots
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and record the votes.
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(5) With respect to the challenged ballots, they shall be
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placed unopened in a secure, safe and sealed container in the
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custody of the county board until it shall fix a time and place
1
for a formal hearing of all such challenges, and notice shall be
2
given where possible to all absentee electors thus challenged
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and to every individual who made a challenge. The time for the
4
hearing shall not be later than five (5) days after the date of
5
the challenge. On the day fixed for said hearing, the county
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board shall proceed without delay to hear said challenges, and,
7
in hearing the testimony, the county board shall not be bound by
8
the Pennsylvania Rules of Evidence. The testimony presented
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shall be stenographically recorded and made part of the record
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of the hearing.
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(6) The decision of the county board in upholding or
12
dismissing any challenge may be reviewed by the court of common
13
pleas of the county upon a petition filed by any person
14
aggrieved by the decision of the county board. The appeal shall
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be taken, within two (2) days after the decision was made,
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whether the decision was reduced to writing or not, to the court
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of common pleas setting forth the objections to the county
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board's decision and praying for an order reversing the
19
decision.
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(7) Pending the final determination of all appeals, the
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county board shall suspend any action in canvassing and
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computing all challenged ballots received under this subsection
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irrespective of whether or not appeal was taken from the county
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board's decision. Upon completion of the computation of the
25
returns of the county, the votes cast upon the challenged
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official absentee ballots that have been finally determined to
27
be valid shall be added to the other votes cast within the
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county.
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* * *
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(i) Notwithstanding the provisions of this section, a
1
qualified [absentee] elector shall not be required to provide
2
proof of identification if the elector is entitled to vote by
3
absentee ballot under the Uniformed and Overseas Citizens
4
Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an
5
alternative ballot under the Voting Accessibility for the
6
Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).
7
Section 14. Section 1331 of the act, amended May 12, 2006
8
(P.L.178, No.45), is amended to read:
9
Section 1331. Violation of Provisions Relating to Absentee
10
Voting.--(a) Except as provided in subsection (b), any person
11
who shall violate any of the provisions of this act relating to
12
absentee voting shall, unless otherwise provided, be subject to
13
the penalties provided for in section 1850 of this act.
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(b) Any person who knowingly assists another person who is
15
not [a qualified] an absentee elector in filling out an absentee
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ballot application or absentee ballot commits a misdemeanor of
17
the third degree.
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Section 15. This act shall take effect in 60 days.