Regular Session 2017-2018 House Bill 1546 P.N. 2002

PRINTER'S NO. 2002

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1546

Session of

2017

INTRODUCED BY MATZIE, SNYDER, FRANKEL, D. MILLER, DeLUCA,

SCHWEYER, O'BRIEN, MARSHALL, SCHLOSSBERG, SOLOMON, McNEILL,

V. BROWN AND ROZZI, JUNE 13, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 13, 2017

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, providing for voting by mail; imposing penalties;

and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1105 of Title 25 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1105. Standardized forms.

(a) General rule.--Whenever possible, the secretary shall

prescribe by regulation standardized voter registration or

[absentee ballot application] mail-in ballot application forms

which may be used, with prior approval by the secretary, by

political bodies, candidates and organized bodies of citizens in

compliance with both the provisions of this part and the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code.

(b) Prior approval.--The secretary shall develop a system

whereby political bodies, candidates and organized bodies of

citizens may receive prior approval of standardized forms

developed pursuant to subsection (a).

Section 2. Section 3302 of Title 25 is repealed:

[§ 3302. Application for absentee ballots.

(a) General rule.--Notwithstanding the provisions of Part IV

(relating to voter registration) or the act of June 3, 1937

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

following persons may make application for an absentee ballot by

sending a letter or other signed document to the county board of

elections in the county in which the person's voting address is

located:

(1) A registered elector who is unable to attend the

polling place on the day of any primary or election because

of illness or physical disability.

(2) A registered elector who expects to be absent from

this Commonwealth or the municipality of residence because

duties, occupation or business require the elector to be

elsewhere the day of any primary or election.

(3) A county employee who cannot vote due to duties

relating to the conduct of elections.

(4) A person who will not attend a polling place because

of an observance of a religious holiday.

(b) Contents of letter or document.--The letter or document

under subsection (a) shall provide the same information as is

provided on forms prescribed by the secretary.

subject to the same schedule as other applications for absentee

ballots and upon receipt by the county board of elections shall

be reviewed and processed in the same fashion as other

applications for absentee ballots.

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(d) Application prepared by political party.--An absentee

ballot application form containing the same information as that

contained on the form prescribed by the secretary, which was

prepared or distributed by a political party and signed by a

registered elector, shall be deemed for all purposes as valid

and shall be reviewed and processed by the county board of

elections in the same manner as applications on forms prescribed

by the secretary and supplied by the county board of elections.]

Section 3. Title 25 is amended by adding a chapter to read:

CHAPTER 34

VOTE BY MAIL

Sec.

3401. Definitions.

3402. Procedure for user of mail-in ballot.

3403. Publication of notice.

3404. Printing of mail-in ballots.

3405. Verification of voter's signature.

3406. Delivery of mail-in ballots.

3407. Lists of applications and returned mail-in ballots.

3408. Mail-in ballot format.

3409. Preparation and transmission of mail-in ballots.

3410. Certificate of mail-in voter.

3411. Certification by board.

3412. Marking of mail-in voter's record.

3413. Marking and delivery of mail-in ballot.

3414. Processing of mail-in ballots.

3415. Counting of mail-in ballots.

3416. Mail-in ballot deemed valid.

3417. Prohibition.

3418. Rejection of ballot mailed in by voter subsequently

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deceased.

3419. Opening of mail-in ballots.

3420. Record of mail-in ballots delivered.

3421. Records of mail-in ballots.

3422. No election held invalid due to mail-in ballots.

3423. Ballot required to be sealed before delivery.

3424. Information for voters using mail-in ballots.

3425. Duties of board.

3426. Mail-in ballot fraud.

§ 3401. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board." A county board of elections.

"Department." The Department of State of the Commonwealth.

"Mail-in ballot." A ballot used by a mail-in voter in any

election.

"Mail-in voter." A qualified and registered voter of this

Commonwealth who votes in any election using a mail-in ballot

under the provisions of this chapter.

"Qualified elector." As defined in section 102 of the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code.

"Secretary." The Secretary of the Commonwealth.

"Statewide voter registration system." The Statewide Uniform

Registry of Electors established by Subchapter B of Chapter 12

(relating to Statewide Uniform Registry of Electors (SURE)).

§ 3402. Procedure for user of mail-in ballot.

(a) General rule.--A qualified elector may vote using a

mail-in ballot in any election held in this Commonwealth.

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(b) Application process.--A qualified elector may apply to

the board in the county in which the elector's voting residence

is located for a mail-in ballot. The application must be

received by the board not less than seven days before an

election in which the qualified elector seeks to vote by mail.

The application shall be in writing on a form prepared by the

secretary, shall be signed by the applicant and shall state the

applicant's voting residence and the address to which the ballot

shall be sent. A qualified elector who is a member of the armed

forces of the United States may use a Federal postcard

application form to apply for a mail-in ballot.

for a mail-in ballot in person to the board in the county in

which the elector's voting residence is located no later than 3

p.m. of the day before the election.

(d) Continuing application.--A qualified elector seeking to

vote only by mail-in ballot in general elections in which the

elector is eligible to vote, and who states that preference on

an application for a mail-in ballot, shall be furnished a mail-

in ballot by the board without further request of the elector

and until the elector requests that the elector not be sent a

mail-in ballot. A qualified elector, on an application for a

mail-in ballot, may opt to receive a mail-in ballot for each

election that takes place during the remainder of the calendar

year in which the application is submitted. A qualified elector

who exercises this option shall be furnished, without further

request of the elector, a mail-in ballot for each election that

takes place during the remainder of the calendar year. A person

voting by mail-in ballot who registers by mail after January 1,

2017, who did not provide personal identification information

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when registering and is voting for the first time in the

person's current county of residence following registration

shall include copies of the required identification information

with the mail-in ballot. Failure to include the information with

the mail-in ballot shall result in its rejection.

(e) Suspension of mail-in ballots.--If a qualified elector

who has requested a mail-in ballot for all elections does not

complete and return the ballot for canvassing for the fourth

general election following the general election at which the

elector last voted, the board shall notify the elector by mail

that the board must verify that the elector resides at the

address recorded on the elector's registration and is eligible

to vote. If the notice is not completed and returned by the

qualified elector to the board before the 40th day prior to the

next general election, a mail-in ballot shall not be sent to the

elector for that election. The qualified elector may not receive

a mail-in ballot for future elections until the elector submits

a new application for a mail-in ballot.

(f) Inactive electors.--The board shall not transmit a mail-

in ballot to a person who is deemed to be an inactive voter or

whose registration record has been canceled.

§ 3403. Publication of notice.

(a) Notice.--The board shall publish a notice in

substantially the following form:

NOTICE OF MAIL-IN BALLOT APPLICATION PROCEDURES

If you are a qualified and registered voter of this

Commonwealth who wants to vote by mail in the .............

(municipal, primary, general or other) election to be held on

.......... (date of election), complete the application form

below and send it to the County Board of Elections at the

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address below, or write or apply in person to the County

Board of Elections requesting that a mail-in ballot be

forwarded to you. The request must state your home address

and the address to which the ballot should be sent. The

request must be dated and signed.

If any person has assisted you to complete the mail-in

ballot application, the name, address and signature of the

assistor must be provided on the application, and you must

sign and date the application for it to be valid and

processed.

No mail-in ballot will be provided to an applicant who

submits a request by mail unless the request is received at

least seven days before the election and contains the

requested information. A voter may, however, request an

application in person from the County Board of Elections no

later than 3 p.m. of the day before the election.

A voter who wants to vote only by mail in all future

general elections in which the voter is eligible to vote, and

who states that on the application, shall, after the initial

request and without further action on the voter's part, be

provided a mail-in ballot for each general election until the

voter requests that the voter no longer be sent a mail-in

ballot. A voter's failure to vote in the fourth general

election following the general election at which the voter

last voted may result in the suspension of that voter's

ability to receive a mail-in ballot for all future general

elections unless a new application is completed and filed

with the County Board of Elections.

A voter also has the option of indicating on the mail-in

ballot application that the voter would prefer to receive

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mail-in ballots for each election that takes place during the

remainder of the calendar year. A voter who exercises this

option will be furnished with mail-in ballots for each

election that takes place during the remainder of this

calendar year, without further action on the voter's part.

Application forms may be obtained by applying to the

County Board of Elections either in writing or by telephone,

or the application form provided below may be completed and

forwarded to the County Board of Elections.

Dated............................

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

(address of board)

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

(telephone number of board)

(b) Overseas voters.--The secretary shall provide

information regarding overseas Federal election ballots to a

qualified elector eligible for a mail-in ballot. The secretary

shall also make available valid overseas Federal election voter

registration and ballot applications to a qualified elector who

is a member of the armed forces of the United States and who is

a permanent resident of this Commonwealth, or who is an overseas

Federal election voter who wishes to register to vote or to vote

in any jurisdiction in this Commonwealth. The secretary shall

provide public notice as may be deemed necessary to inform

members of the armed forces of the United States and overseas

Federal election voters how to obtain valid overseas Federal

election voter registration and ballot applications.

program to inform voters in this Commonwealth about their

eligibility to vote by mail under this chapter. Dissemination of

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this information shall be effectuated by any means that the

secretary deems appropriate and to the extent that funds for the

dissemination are appropriated, including, but not limited to,

by means of Statewide or local electronic media, public service

announcements, notices on the Internet website of the department

or any other agency of this Commonwealth deemed appropriate by

the secretary and special mailings or notices in newspapers or

other publications circulating in the counties or municipalities

of this Commonwealth.

(d) Identification.--The mail-in ballot materials shall

contain a notice that any person voting by mail-in ballot who

has registered by mail after January 1, 2017, who did not

provide personal identification information when registering and

is voting for the first time in the person's current county of

residence shall include copies of the required identification

information with the mail-in ballot, and that failure to include

the information shall result in the rejection of the ballot.

(e) Publication.--The notice under subsection (a) shall be

published not less than 50 days immediately preceding an

election. Notices relating to any Statewide or countywide

election shall be published in at least two newspapers published

in each county. The board shall publish the notices in at least

one newspaper published in each municipality in which the

election is to be held or, if no newspaper is published in the

municipality, in a newspaper published in the county and

circulating in the municipality. All notices shall be display

advertisements.

§ 3404. Printing of mail-in ballots.

(a) General rule.--A board shall print sufficient mail-in

ballots for each election. Along with the ballots, the board

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shall also furnish inner and outer envelopes and printed

directions for the preparation and transmitting of the mail-in

ballots used in the election in the county.

(b) Paper type.--The mail-in ballots shall be printed on

paper of a different color from that used for any primary or

general election ballot, but in all other respects shall be as

nearly as possible facsimiles of the election ballot to be voted

at the election.

§ 3405. Verification of voter's signature.

(a) Verification.--Upon receipt of a request for a mail-in

ballot, the board shall cause the signature of the applicant to

be compared with the signature of the person appearing on the

district register, or the digitized image of the voter's

signature stored in the Statewide voter registration system, to

determine from the examination, and any other available

information, if the applicant is a voter qualified to cast a

ballot in the election and determine in the case of a primary

election the political party primary in which the voter is

entitled to vote.

(b) Approval or disapproval.--If, after examination, the

board is satisfied that the applicant is entitled to a ballot,

the board shall mark the application "approved." If, after

examination, the board determines that the applicant is not

entitled to a ballot, the board shall mark the application

"disapproved" and shall notify the applicant, stating the reason

for the disapproval.

§ 3406. Delivery of mail-in ballots.

(a) Delivery method.--Starting on the 40th day before the

day an election is held, a board shall forward mail-in ballots

by first-class mail or hand delivery to each mail-in voter whose

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request for a mail-in ballot has been approved. Mail-in ballots

that have been approved before the 40th day before an election

shall be forwarded or delivered no later than the third business

day following that 40th day. Hand delivery of a mail-in ballot

shall be made by the board or the board's designee only to the

voter, or the voter's authorized messenger, who must appear in

person. No person may serve as an authorized messenger for more

than 10 qualified voters in an election. Ballots that have not

been hand-delivered shall be addressed to the voter at the

forwarding address given in the application.

(b) Timing.--

(1) Whenever the board forwards a mail-in ballot by mail

to a mail-in voter between the 40th day and the 13th day

before the day of an election, the ballot shall be

transmitted within three business days of the receipt of the

application.

(2) Whenever the board forwards a mail-in ballot by mail

to a mail-in voter between the 12th day and the seventh day

before the day of an election, the ballot shall be

transmitted within two business days of the receipt of the

application.

§ 3407. Lists of applications and returned mail-in ballots.

(a) List of applications.--Each board shall keep one list of

the applications for mail-in ballots received and another list

of the applicants whose applications were approved and sent

mail-in ballots. Each list shall include the name and street

address of each person requesting or receiving a mail-in ballot.

The board shall update the lists each business day, and the

lists shall be made available to the public and transmitted to

all election officials charged with the duty of administering

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this chapter.

(b) List of returned mail-in ballots.--Each board shall keep

a list of the name and street address of each person who returns

a voted mail-in ballot and the name and street address of each

person who delivers the ballot personally to the board. The

board shall update the list each business day, and it shall be

accessible to the public and transmitted to all election

officials charged with the duty of administering this chapter.

The board shall keep the lists required by this section starting

no later than the 14th day before the day of the election and

continue to do so until the day of the election.

§ 3408. Mail-in ballot format.

(a) Conformity with other ballots and notice.--Mail-in

ballots to be used during any election shall conform generally

to the ballot to be used during the election in the voter's

district but the ballots shall be clearly marked "official mail-

in ballot." At the top of every mail-in ballot there shall be

printed or stamped in a prominent size the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO

MARK OR INSPECT THIS BALLOT.

However, a family member may assist you in doing so.

(b) Format.--Mail-in ballots shall be printed entirely in

black ink. In addition to conforming generally to the ballot

used in the election, the mail-in ballot shall be prepared so

that the voter may indicate on it the voter's choice of

candidates for the offices to be filled and public questions to

be voted on during the election by the voters of the entire

State or political subdivision in which the voter is a resident,

as known on the 48th day preceding the election. Sufficient

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space shall be provided on the ballot for the voter to write in

the name of and vote for any candidate, or the voter's personal

choice, for any public office to be voted for during the

election in the voter's election district. A list of the

candidates for the offices to be filled in each election

district in the county, whose names are known on the day on

which the ballot is forwarded but do not appear on the ballot,

with a statement of the office for which each is a candidate,

shall be forwarded with the mail-in ballot.

of a candidate who has been nominated for an office shall be

placed on the ballot to be used in the general election to be

held in that year in each election district in which the nominee

is a candidate, whether or not the candidate has accepted

nomination prior to when the ballot was prepared, unless the

candidate has not declined the nomination before the ballot was

prepared.

(d) Primary election ballots.--Mail-in ballots to be used

during any presidential primary election or primary election for

the general election shall, except as otherwise provided,

conform to the ballot to be used during the election in the

voter's election district and to the form prescribed in this

section for mail-in ballots to be used in general elections. It

shall be prepared so that the voter may indicate the voter's

choice of the candidates of one political party for each of the

offices to be voted on during the election by the voters of the

election district and shall be separated into party ballots,

which shall be printed upon one sheet when the voting system so

allows. The mail-in ballots shall be plainly marked to indicate

that only one party ballot is to be voted by each voter and that

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the party ballot voted by the voter must conform to the name of

the political party indicated by the board. If the board has

determined by investigating a voter's registration record that

the voter is qualified to vote only in the primary of a

particular party, the board shall note on the primary ballot the

party primary in which the voter is entitled to vote. If the

board determines through investigating the voter's registration

record that the applicant is requesting a ballot to vote in the

first primary for which the voter is eligible after

registration, the board shall note on the primary ballot that

the voter may vote in the primary of any political party.

(e) Electronic canvassing systems.--A county may adopt a

system of electronic scanning or another mechanical or

electronic device if the system has been approved previously by

the secretary to count or canvass mail-in ballots. The board in

any county adopting a system may prepare and use mail-in ballots

that do not conform generally to the ballot to be used during

the election to the extent that the nonconformance is necessary

in the operation of the electronic or mechanical canvassing

system.

§ 3409. Preparation and transmission of mail-in ballots.

(a) Directions and outer envelope.--Each board shall send,

with each mail-in ballot, printed directions for the preparation

and transmitting of the ballots as required by this chapter. The

directions shall be printed in the manner and form as required

by the secretary, together with two envelopes of such sizes that

one will contain the other. The outer envelope shall be

addressed to the board of the county in which is located the

home address of the person to whom the mail-in ballot is sent,

as certified by the board. At the discretion of the board, the

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outer envelope may be a postage-paid return envelope. On the

outside and front of each outer envelope, there shall be printed

or stamped the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO

MAIL OR TRANSPORT THIS BALLOT UNLESS THE ENVELOPE IS

SEALED AND THE FOLLOWING IS COMPLETED:

............Ballot mailed or transported by

......................(signature of bearer)

.....................(print name of bearer)

........................(address of bearer)

The reverse side of the outer envelope shall contain the

following:

REMINDER

For your vote to count, you must:

1. Vote your ballot and place it in the inner envelope

with the attached certificate.

2. Seal the envelope.

3. Place the envelope into the larger envelope addressed

to the board of elections and seal that envelope.

4. If another person will be mailing your ballot or

bringing it to the board of elections, MAKE CERTAIN THAT

PERSON COMPLETES THE "BEARER PORTION" ON THE ENVELOPE

ADDRESSED TO THE BOARD OF ELECTIONS BEFORE THE BALLOT IS

TAKEN FROM YOU. NO PERSON WHO IS A CANDIDATE IN THE

ELECTION FOR WHICH THE VOTER REQUESTS THIS BALLOT IS

PERMITTED TO SERVE AS A BEARER.

(b) Changes to instructions.--The secretary is authorized to

make changes to the instructions for mail-in ballot materials if

the secretary deems it necessary or if mandated by Federal or

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State law.

that it can be sealed after the mail-in ballot has been placed

in the inner envelope, and the flap of the inner envelope shall

be of a length and size that leaves sufficient margin, after

being sealed, for the printing on the flap of the certificate

described in section 3410 (relating to certificate of mail-in

voter). The flap shall be so arranged that, after the inner

envelope has been sealed, the certificate can be contained, with

the inner envelope, in the outer envelope, and that the margin

containing the certificate can be detached without unsealing the

inner envelope. On the outside of each envelope in which a mail-

in ballot is sent to a mail-in voter by the board, there shall

be printed or stamped the words "official mail-in ballot." In

addition, there shall be printed or stamped the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO

OPEN, MARK, INSPECT OR SEAL THIS BALLOT.

However, a family member may assist you in doing so.

The reverse side of each inner envelope shall contain the

following statement:

A PERSON MAY BE FINED AND IMPRISONED AND MAY ALSO LOSE

THE RIGHT TO VOTE UNTIL RESTORED BY LAW if that person

attempts to vote fraudulently by mail-in ballot, prevents

the voting of a legal voter, certifies falsely any

information, interferes with a person's secrecy of

voting, tampers with ballots or election documents or

helps another person to do so.

§ 3410. Certificate of mail-in voter.

On the margin of the flap on the inner envelopes to be sent

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to mail-in voters there shall be printed a certificate in the

following form:

CERTIFICATE OF MAIL-IN VOTER

I, ........ (print your name clearly), whose home address

is ...................... (street address or R.D. Number

(municipality), DO HEREBY CERTIFY, subject to the penalties

for fraudulent voting, that I am the person who applied for

the enclosed ballot. I MARKED AND SEALED THIS BALLOT AND

CERTIFICATE IN SECRET. However, a family member may assist me

in doing so.

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

(signature of voter)

A person providing assistance shall complete the following:

I do hereby certify that I am the person who provided

assistance to this voter and declare that I will maintain the

secrecy of this ballot.

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

(signature of person providing assistance)

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

(printed name of person providing assistance)

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

(address of person providing assistance)

§ 3411. Certification by board.

Each board shall, from time to time and prior to each

election, certify in writing under oath to the secretary the

names and addresses of the persons to whom mail-in ballots to be

voted during the election have been delivered or forwarded under

this chapter.

§ 3412. Marking of mail-in voter's record.

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(a) Marking of record.--The board shall mark the mail-in

voter's record in the Statewide voter registration system and

duplicate voting record appearing on the signature copy

registers. Whenever a mail-in ballot has been forwarded to a

voter during the time when the signature copy registers are in

the custody of other election officials as provided by law, or

are in transit to or from those officials, the board shall,

prior to the opening of the polls on election day, forward to

each polling place a list of all the voters to whom ballots have

been sent but whose duplicate voting record has not been marked

in the manner prescribed. The lists may be prepared in the same

manner as a challenge sheet and may be included together with

other causes for challenge. A person whose name appears on a

list or notice furnished by the board to the effect that the

voter has received a mail-in ballot, but appears at the polling

place on the day of an election, shall be permitted to vote by

provisional ballot after completing the affirmation statement

attached to the envelope provided with the provisional ballot.

(b) Notice to judge of polling place.--Whenever a mail-in

ballot has been delivered to a voter less than seven days before

an election and up to 3 p.m. of the day before the election, and

the signature copy registers are in the custody of other

election officials or in transit to or from those officials, the

board shall prepare a master list of those mail-in ballots and

shall notify the judge of the polling place to mark the voter's

record accordingly.

§ 3413. Marking and delivery of mail-in ballot.

(a) Marking of mail-in ballot.--A mail-in voter is entitled

to mark a mail-in ballot forwarded to the voter for voting

during any election by indicating the voter's choice of

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candidates for the offices named, and as to public questions, if

any, stated on the ballot, in accordance with current law. In

the case of ballots to be voted for a primary election, the

voter's choice shall be limited to the candidates of the voter's

political party or to a person whose name is written on the

ballot by the voter. When so marked, the ballot shall be placed

in the inner envelope, which shall then be sealed, and the voter

shall then fill in the form of certificate attached to the inner

envelope, at the end of which the voter shall sign and print the

voter's name. The inner envelope with the certificate shall then

be placed in the outer envelope, which shall then be sealed.

(b) Tampering.--No mail-in voter may permit a person, except

as provided by this chapter, to unseal, mark or inspect the

voter's ballot, interfere with the secrecy of the voter's vote,

complete or sign the certificate or seal the inner or outer

envelope.

a family member in performing any of the actions provided for in

this section. The family member providing assistance shall

certify that the family member assisted the voter and will

maintain the secrecy of the vote by both printing and signing

the family member's name in the space provided on the

certificate. In no event may a candidate for election provide

assistance, nor may any person, at the time of providing

assistance, campaign or electioneer on behalf of a candidate.

(d) Delivery to board.--

(1) The sealed outer envelope with the inner envelope

and the ballot enclosed shall either be mailed to the board

to which it is addressed or delivered personally by the voter

or a bearer designated by the voter to the board. To be

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counted, the ballot must be received by the board or its

designee before the time designated for the closing of the

polls on the day of an election.

(2) Whenever a person delivers a ballot to the board,

that person shall sign a record maintained by the county of

all mail-in ballots personally delivered to it.

(3) No person may serve as an authorized messenger for

more than 10 qualified voters in an election. No person who

is a candidate in the election for which the voter requests a

mail-in ballot may serve as an authorized messenger. The

messenger, by signing the certification, certifies receipt of

a mail-in ballot directly from the voter and is authorized to

deliver the ballot to the board on behalf of the voter.

§ 3414. Processing of mail-in ballots.

(a) Actions upon receipt of ballot.--The board shall,

promptly after receiving each mail-in ballot, remove the inner

envelope containing the ballot from the outer envelope and shall

compare the signature and the information contained on the flap

of the inner envelope with the signature and information

contained in the respective requests for mail-in ballots. For

mail-in ballots issued less than seven days prior to an

election, the board shall verify that the mail-in voter did not

vote in person. The board shall reject a ballot if it is not

satisfied, pursuant to a comparison with the Statewide voter

registration system, that the voter is legally entitled to vote

and that the ballot conforms with the requirements of this

chapter.

(b) Primary elections.--In the case of a mail-in ballot to

be voted during a primary election, the ballot shall be rejected

if the mail-in voter has indicated in the certificate the

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voter's intention to vote in a primary election of any political

party and if it shall appear from the record that the voter is

not entitled to vote in a primary election of the political

party which has been so indicated.

shall be rejected if:

(1) both the inner and outer envelopes are unsealed; or

(2) either envelope has a seal that has been tampered

with.

§ 3415. Counting of mail-in ballots.

The board shall count all valid mail-in ballots received by

the board prior to the time designated by law for the closing of

the polls for each election.

§ 3416. Mail-in ballot deemed valid.

No mail-in ballot may be rejected or declared invalid because

it does not contain all of the names of the candidates or all of

the public questions to be voted for in the election district in

the election in which it is to be counted. A mail-in ballot

shall be counted in determining the result of the election as to

an office or public question if the designation of the office

and the name of the candidate for election to the office or the

answer to the public question is indicated on the ballot to

demonstrate the voter's choice.

§ 3417. Prohibition.

(a) General rule.--If a person returns a voted mail-in

ballot to the board, the person shall not be permitted to vote

in person at a polling place on the day of the election.

(b) Exceptions.--The following persons shall be permitted to

vote in person by provisional ballot at the polling place in the

voter's election district on the day of election:

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(1) A person who has applied for a mail-in ballot and

not received either the ballot or an explanation for not

receiving the ballot from the board.

(2) A person who has applied for and received a mail-in

ballot and has not transmitted it to the board nor given it

to a messenger for delivery to the board before the time for

the opening of the polls on the day of an election.

§ 3418. Rejection of ballot mailed in by voter subsequently

deceased.

Whenever the board receives evidence that a mail-in voter who

has marked and forwarded a mail-in ballot has died before the

opening of the polls on the day of the election, the board shall

reject the ballot.

§ 3419. Opening of mail-in ballots.

(a) Opening of ballots.--On the day of an election a board

shall open the inner envelopes that contain the mail-in ballots

with the votes cast for the election. The inner envelopes

containing the ballots that the board has rejected shall not be

so opened, but shall be retained. The board shall then proceed

to canvass the votes cast on the mail-in ballots. No ballot may

be counted in any primary election if the ballot of the

political party marked for voting differs from the designation

of the political party for which the ballot is intended to be

voted as marked on the envelope by the board.

(b) Certification.--Immediately after the canvass is

completed, each board shall certify the result of the canvass to

the secretary or other appropriate officer, as the case may be,

showing the result of the canvass by election district. The

votes canvassed shall be counted in determining the result of

the election.

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immediately after the canvass is completed for a primary

election, certify the results of the votes cast for members of

the county committees to the appropriate officer, and those

votes shall be counted in determining the result of the

election.

§ 3420. Record of mail-in ballots delivered.

As soon as practicable after each election, a board shall

record in the Statewide voter registration system and any

duplicate voting record the delivery or forwarding of mail-in

ballots to the respective registered voters. For each mail-in

ballot that has been voted, received and counted, the board

shall, by reference to the certificates removed from the inner

envelopes of the ballots, place the word "voted" in the space

provided in the Statewide voter registration system and

duplicate voting record for recording the ballot number of the

voter's ballot in the election. In the case of a primary

election, the board shall note in the Statewide voter

registration system or other record of voting the first three

letters of the name of the political party primary in which the

ballot was voted. The record contained in the Statewide voter

registration system and of registration cards contained in the

district register shall be conformed to the entries made under

this section.

§ 3421. Records of mail-in ballots.

A board shall keep, for two years, the requests and

applications for mail-in ballots, voted mail-in ballots and

certificates that have been detached or separated by them from

the inner envelopes. Inner envelopes together with their

certificates and the contents of those envelopes not opened

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shall also be retained for the same period by the board. A

district attorney shall have the authority to impound all mail-

in ballots whenever the district attorney shall deem it

necessary.

§ 3422. No election held invalid due to mail-in ballots.

No election may be held to be invalid due to any irregularity

or failure in the preparation or forwarding of mail-in ballots.

§ 3423. Ballot required to be sealed before delivery.

No person may accept a mail-in ballot from a voter or another

person having custody of it and no voter or other person having

custody of a mail-in ballot shall give a mail-in ballot to a

person for the purpose of delivering the mail-in ballot to the

board or to a postal box or post office unless the ballot is

sealed in the outer envelope and the person who transports or

delivers it first signs and prints the person's name on the

outer envelope.

§ 3424. Information for voters using mail-in ballots.

(a) Posting required.--The secretary shall post on the

VotesPA Internet website established and maintained by the

department that an individual who casts a mail-in ballot may

ascertain:

(1) Whether an application for a mail-in ballot has been

approved and, if not, the reason for its rejection.

(2) Whether the mail-in ballot was accepted for counting

and, if the ballot was not counted, the reason for the

rejection of the ballot.

(b) Records confidential.--The system shall at all times

preserve the confidentiality of each person who has requested an

application to vote by mail-in ballot or who has voted by mail-

in ballot, and shall ensure that no person, other than the

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individual who requested or cast the ballot, may discover

whether or not that individual's application or ballot was

accepted, unless so informed by the voter.

§ 3425. Duties of board.

A board shall:

(1) Publish, in advance of an election in accordance

with rules and regulations promulgated by the secretary,

official notice that the election shall be conducted by mail,

together with any other information regarding the conduct of

the election deemed necessary by the secretary.

(2) Mail a ballot, including an outer envelope and an

inner envelope substantially similar to the envelopes

provided for mail-in ballots, not sooner than the 20th day

prior to the day of the election nor later than the 14th day

prior to the day of the election, to each person registered

to vote in the county during that election.

(3) Designate the board's office as the place to obtain

a replacement ballot.

(4) Designate places within the county that shall be

available for the deposit of voted ballots for the election.

(5) Make a provisional ballot available at the office of

the board so that each person who has been a resident of an

election district in which the person seeks to register and

vote at least 21 days prior to the day of the election and

has moved to a location within the county after that 21st day

prior to the day of the election may vote.

(6) Distribute to each registered voter in the county

with each ballot a copy of the voter information notice

provided for and supplemented by the secretary as deemed

appropriate for use in counties conducting elections by mail

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along with instruction about the completion of the ballot as

deemed necessary by the secretary.

(7) Make certain that qualified voters in the county

requesting a mail-in ballot between the 40th day and the 21st

day prior to the day of an election receive the ballot after

the 20th day prior to the day of an election and that voters

requesting a ballot on or before the seventh day prior to the

date of the election receive a ballot as authorized.

(8) Establish, in consultation with the secretary, the

time by which all ballots must be received by the board on

the day of an election to be considered valid and counted.

§ 3426. Mail-in ballot fraud.

(a) Offense.--A person who commits any of the following acts

commits a misdemeanor of the third degree:

(1) Fraudulently votes or attempts to vote by mail or

enables or attempts to enable another person not entitled to

vote or to vote by mail to vote fraudulently by mail.

(2) Prevents or attempts to prevent by fraud the voting

of a person legally entitled to vote by mail.

(b) Penalty.--A person convicted under subsection (a) shall

be subject, in addition to such other penalties authorized by

law, to disenfranchisement for a period of time determined by

the court.

Section 4. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the purposes of this

act.

(2) Article XIII of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, and any

other provision of that act to the extent that it is

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inconsistent with this act, is repealed.

(3) All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 5. This act shall take effect in 60 days.

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