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PRINTER'S NO. 425
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
439
Session of
2019
INTRODUCED BY NESBIT, MURT, FREEMAN, SAINATO, KORTZ,
SCHLOSSBERG, ISAACSON, T. DAVIS, McNEILL, KINSEY, MACKENZIE,
ZIMMERMAN, WARREN, LONGIETTI, JOZWIAK, BERNSTINE, READSHAW,
ULLMAN, MEHAFFIE, GABLER, SCHWEYER, MIZGORSKI, KEEFER,
FRANKEL, HILL-EVANS, MATZIE, NEILSON, SOLOMON AND GILLEN,
FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 11, 2019
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in voting by qualified absentee electors, further
providing for applications for official absentee ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302(e.1) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 1302. Applications for Official Absentee Ballots.--*
* *
(e.1) Any qualified registered elector, including any
qualified bedridden or hospitalized veteran, who is unable
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because of illness or physical disability to attend his polling
place on the day of any primary or election or operate a voting
machine and state distinctly and audibly that he is unable to do
so as required by section 1218 of this act may, with the
certification by his attending physician that he is permanently
disabled, and physically unable to attend the polls or operate a
voting machine and make the distinct and audible statement
required by section 1218 appended to the application
hereinbefore required, be placed on a permanently disabled
absentee ballot list file. An absentee ballot application shall
be mailed to every such person for each primary or election so
long as he does not lose his voting rights by failure to vote as
otherwise required by this act. Such person shall not be
required to file a physician's certificate of disability with
each application as required in subsection (e) of this section
[but such person must submit a written statement asserting
continuing disability every four years in order to maintain his
eligibility to vote under the provisions of this subsection].
Should any such person lose his disability he shall inform the
county board of elections of the county of his residence.
* * *
Section 2. This act shall take effect in 60 days.
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