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PRINTER'S NO. 773
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
743
Session of
2019
INTRODUCED BY DeLUCA, A. DAVIS, SOLOMON, SCHLOSSBERG, READSHAW,
MURT, KORTZ, YOUNGBLOOD, HILL-EVANS, IRVIN, McCLINTON AND
FRANKEL, MARCH 6, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 6, 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 date of application for absentee ballot and for
canvassing of official absentee ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1302.1(a.2) and 1308(a) and (g)(1) of
the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, are amended to read:
Section 1302.1. Date of Application for Absentee Ballot.--*
* *
(a.2) In the event any elector otherwise qualified who
becomes so physically disabled or ill between five o'clock P.M.
on the first Friday preceding any primary or election and eight
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o'clock P.M. on the day of any primary or election that he is
unable to appear at his polling place or any elector otherwise
qualified who because of the conduct of his business, duties or
occupation will necessarily be absent from the municipality of
his residence on the day of the primary or election, which fact
was not and could not reasonably be known to said elector prior
to five o'clock P.M. on the first Friday preceding any primary
or election, the elector shall be entitled to an absentee ballot
if the elector completes and files with the court of common
pleas in the county in which the elector is qualified to vote an
Emergency Application or a letter or other signed document,
which includes the same information as is provided on the
Emergency Application. Upon a determination that the elector is
a qualified absentee elector under section 1301, the judge shall
issue an absentee ballot to the elector. If the elector is
unable to appear in court to receive the ballot, the judge shall
give the elector's absentee ballot to an authorized
representative of the elector who is designated in writing by
the elector. The authorized representative shall deliver the
absentee ballot to the elector and return the completed absentee
ballot, sealed in the official absentee ballot envelopes, to the
county board of elections, who shall distribute the ballot,
unopened, to the absentee voter's election district. If the
elector is unable to appear in court or unable to obtain
assistance from an authorized representative, the judge shall
direct a deputy sheriff of the county to deliver the absentee
ballot to the elector if the elector is at a physical location
within the county and return the completed absentee ballot,
sealed in the official absentee ballot envelopes, to the county
board of elections, who shall distribute the ballots, unopened,
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to the absentee voter's respective election district. If there
is no authorized representative and a deputy sheriff is
unavailable to deliver an absentee ballot under this section,
the judge may direct a constable to make such delivery in
accordance with the provisions of this section. In the case of
an elector who requires assistance in marking the elector's
ballot, the elector shall designate in writing the person who
will assist in marking the ballot. Such person shall be
otherwise eligible to provide assistance to electors eligible
for assistance, and such person shall declare in writing that
assistance was rendered. Any person other than the designee who
shall render assistance in marking a ballot or any person
rendering assistance who shall fail to execute a declaration
shall be guilty of a violation of this act. [No absentee ballot
under this subsection shall be counted which is received in the
office of the county board of elections later than eight o'clock
P.M. on the day of the primary or election.]
* * *
Section 1308. Canvassing of Official Absentee Ballots.--(a)
The county boards of election, upon receipt of official absentee
ballots in such envelopes, shall safely keep the same in sealed
or locked containers until they distribute same to the
appropriate local election districts in a manner prescribed by
the Secretary of the Commonwealth.
Except as provided in section 1302.1(a.2), the county board
of elections shall then distribute the absentee ballots,
unopened, to the absentee voter's respective election district
concurrently with the distribution of the other election
supplies. Absentee ballots shall be canvassed immediately and
continuously without interruption until completed after the
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close of the polls on the day of the election in each election
district. The results of the canvass of the absentee ballots
shall then be included in and returned to the county board with
the returns of that district. [Except as provided in section
1302.1(a.2) and subsection (g), no absentee ballot shall be
counted which is received in the office of the county board of
election later than five o'clock P.M. on the Friday immediately
preceding the primary or November election.]
* * *
(g) (1) [An] The following apply:
(i) Except as provided in subparagraph (ii), an absentee
ballot cast by [any] an absentee elector [as defined in section
1301(a), (b), (c), (d), (e), (f), (g) and (h)] which is received
in the office of the county board of elections after five
o'clock P.M. on the Friday immediately preceding the election
and no later than five o'clock P.M. on the seventh day following
an election shall be canvassed in accordance with this
subsection if the absentee ballot is postmarked no later than
the day immediately preceding the election.
(ii) An absentee ballot cast by an absentee elector under
section 1302.1(a.2) which is received in the office of the
county board of elections after five o'clock P.M. on the Friday
immediately preceding the election and no later than five
o'clock P.M. on the seventh day following an election shall be
canvassed in accordance with this subsection.
* * *
Section 2. This act shall take effect in 60 days.
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