Regular Session 2019-2020 House Bill 1560 P.N. 1978

PRINTER'S NO. 1978

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1560

Session of

2019

INTRODUCED BY RABB, KINSEY, MURT, A. DAVIS, SCHLOSSBERG,

SOLOMON, YOUNGBLOOD, DERMODY, HILL-EVANS, McCLINTON, KULIK,

MATZIE, GOODMAN, FREEMAN, McNEILL, FRANKEL, SIMS, WEBSTER,

STURLA, BULLOCK, DALEY, DAWKINS, OTTEN, O'MARA, MADDEN,

DAVIDSON, MALAGARI AND WILLIAMS, JUNE 4, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 4, 2019

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions and for standardized forms; in registration

system, further providing for departmental responsibilities

and for SURE system; in voter registration, further providing

for qualifications to register, for methods of voter

registration, for application with driver's license

application and for government agencies, providing for same

day voter registration and for Commonwealth agencies and

other entities and further providing for time, for

preparation and distribution of applications and for approval

of registration applications; in changes in records, further

providing for removal notices and providing for effect of

inmates being released from correctional facilities; in

voting procedures, repealing provisions relating to

application for absentee ballots and providing for early

voting; providing for vote by mail and imposing penalties;

providing for voter education; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "applicant," "registration

card" and "registration records" in section 1102 of Title 25 of

the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding a definition to read:

§ 1102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

"Applicant." An individual who is automatically registered

or who applies to be registered to vote as provided for in this

part.

* * *

"Employment or program application." All of the following:

(1) Any application for employment filed with any of the

following:

(i) The Bureau of State Employment.

(ii) An independent agency of this Commonwealth.

(iii) The State Civil Service Commission.

(2) An application for any financial assistance,

compensation, benefit or service available, offered or to

which the person is entitled pursuant to any program

administered by the following:

(i) The Department of Aging.

(ii) The Department of Health.

(iii) The Department of Human Services.

(iv) The Insurance Department.

(v) The Department of Labor and Industry.

(vi) The Department of Military and Veterans

Affairs.

(vii) The Department of Revenue.

(viii) The Treasury Department.

(ix) The Pennsylvania Housing Finance Agency.

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(x) Any other offices in this Commonwealth that

provide public assistance or that provide State-funded

programs primarily engaged in providing services to low-

income individuals, the elderly or persons with

disabilities.

(3) An application for admission to a State-owned or

State-related institution of higher education in this

Commonwealth.

(4) An application for financial assistance filed with

the Pennsylvania Higher Education Assistance Agency.

* * *

"Registration card." A registration record, including an

electronic record, containing all information required on the

registration application, including the elector's signature or

electronic signature, and suitable space for the insertion by

the appropriate official of the following information:

(1) The ward and election district of residence.

(2) The registrant's street address.

(3) Data required to be given upon removal from the

registrant's residence.

(4) The date of each election at which the registrant

votes.

(5) The number and letter of the stub of the ballot

issued to the registrant or the registrant's number in the

order of admission to the voting machines.

(6) The initials of the election officer who enters the

record of voting in the district register.

(7) Whether the registrant needs assistance to vote and,

if so, the nature of the disability.

"Registration records." The general register, district

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electronic record, maintained by a commission. The term includes

any record maintained by the commission on the Statewide Uniform

Registry of Electors.

* * *

Section 2. Sections 1105, 1201, 1222(c)(8), 1301, 1321, 1323

and 1325(b)(4) of Title 25 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 1105. Standardized forms.

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

prescribe by regulation standardized voter registration or

[absentee] 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).

§ 1201. Departmental responsibilities.

The department shall do all of the following:

(1) Provide for applicants to submit their voter

registration application to a commission, the Department of

Transportation and other agencies designated in section 1325

(relating to government agencies).

(2) Prescribe a procedure for the return of completed

voter registration applications from and the schedule by

which the Department of Transportation, the Department of

[Public Welfare] Human Services, armed forces recruitment

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centers, Offices of the Clerk of Orphan's Court and all other

offices authorized under [this part to the secretary or the

appropriate commission.] sections 1323 (relating to automatic

registration with driver's license application), 1325

(relating to government agencies) and 1325.2 (relating to

Commonwealth agencies and other entities) to register

individuals to vote shall provide to the department

electronic records containing the legal name, age, residence

and citizenship information for, and the electronic signature

of, each individual who meets qualifications identified by

the secretary by guideline for automatic registration.

(3) Develop, establish, implement and administer a

Statewide Uniform Registry of Electors in accordance with

Subchapter B (relating to Statewide Uniform Registry of

Electors (SURE)).

(4) Promulgate regulations necessary to administer this

part.

§ 1222. SURE system.

* * *

single, uniform integrated computer system. All commissions

shall be connected electronically to the SURE system and shall

maintain their registration records in the system. The SURE

system shall, at a minimum, do all of the following:

* * *

(8) Provide for the electronic transfer of voter

registration information transmitted under section 1502

(relating to transfer of registration), completed voter

registration applications and changes of address in

accordance with this part.

20190HB1560PN1978 - 5 -

* * *

§ 1301. Qualifications to register.

(a) Eligibility.--An individual who:

(1) will be at least 18 years of age on the day of the

next election[, who];

(2) has been a citizen of the United States for at least

one month prior to the next election [and who]; and

(3) has resided in this Commonwealth and the election

district where the individual offers to vote for at least 30

days prior to the next ensuing election [and has not been

confined in a penal institution for a conviction of a felony

within the last five years] shall be eligible to register as

provided in this chapter.

(a.1) Preregistration.--

(1) A person who is otherwise qualified to vote may

preregister on or after the person's 16th birthday and may

thereafter vote at any election occurring on or after the

person's 18th birthday or such earlier time as State law

permits.

(2) The preregistration of a person under 18 years of

age shall be marked with a code according to the person's

birth date and shall be automatically activated on the

person's 18th birthday or the date permitted by State law.

(3) The database of the county board of elections shall

automatically generate a postcard when the preregistrant

attains 18 years of age. The registrar shall mail the

postcard to the preregistrant at the address at which the

person preregistered or any updated address to notify the

person of the eligibility to vote in the next election.

(b) Effect.--No individual shall be permitted to vote at any

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election unless the individual is registered under this

subsection, except as provided by law or by order of a court of

common pleas. No registered elector shall be required to

reside at the same address.

[(c) Removal of residence.--Except as otherwise provided by

this part, a registered elector who removes residence from one

place to another outside the elector's last election district

shall not be entitled to vote in the election district of the

elector's last residence except pursuant to the provisions of

this section and sections 1501(b) (relating to removal notices),

1502 (relating to transfer of registration) and 1902 (relating

to procedure for voting following failure to return notification

card).]

§ 1321. Methods of voter registration.

(a) Application.--An individual qualified to register to

vote under section 1301(a) (relating to qualifications to

(1) [Under section] Section 1322 (relating to in-person

voter registration).

(2) [Under section] Section 1323 (relating to

[application] automatic registration with driver's license

application).

(3) [Under section] Section 1324 (relating to

application by mail).

(4) [Under section] Section 1325 (relating to government

agencies).

(5) Section 1325.1 (relating to same day voter

registration).

(b) Automatic registration.--An individual qualified to

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government services under section 1323 or 1325.2 (relating to

Commonwealth agencies and other entities) shall be registered

automatically unless an individual chooses to not register

automatically as provided for in this chapter.

§ 1323. [Application] Automatic registration with driver's

license application.

(a) General rule.--

(1) The Department of Transportation shall provide for

simultaneous [application for] voter registration in

conjunction with the process under 75 Pa.C.S. § 1510

(relating to issuance and content of driver's license). An

application under this subsection shall serve as an

application to register to vote unless the applicant fails to

sign the voter registration application.

(1.1) The secretary shall prescribe a procedure and

schedule by which the Department of Transportation shall

collect voter information and provide to the department

electronic registration records containing the legal name,

age, residence and the electronic signature of each

individual who reports being a citizen of the United States,

is subject to penalties under 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities) and meets

qualifications identified by the secretary. The secretary has

the primary responsibility for implementing and enforcing the

driver's license voter registration system created under this

section. The secretary, in consultation with the Secretary of

Transportation, may promulgate regulations for implementing

this section.

(1.2) Upon receiving the electronic registration record

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for and electronic signature of an individual described in

paragraph (1), the secretary shall provide the information to

the commission in which the individual may be registered as

an elector under the laws of this Commonwealth and under the

National Voter Registration Act of 1993 (Public Law 103-31,

52 U.S.C. § 20501). The commission shall provide each

individual with the process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

(1.3) If an individual notified under paragraph (1.2)

does not decline to be registered as an elector within 21

calendar days after the commission issues the notification,

the individual's electronic registration record and

electronic signature submitted under paragraph (1.1) shall

constitute a completed voter registration application for

purposes of this chapter. The individual shall be registered

to vote if the individual is eligible to vote under the laws

of this Commonwealth and is not already registered to vote.

(1.4) An individual notified under paragraph (1.3) who

does not decline to be registered as an elector within 21

calendar days after the commission issues the notification

and does not adopt a political party affiliation shall be

required to adopt a political party affiliation prior to

voting at the next primary election at which the individual

exercises the individual's right to vote. If no such

political affiliation is adopted, an individual shall be

permitted to vote at the next election that does not require

a political party affiliation to participate.

20190HB1560PN1978 - 9 -

(1.5) A commission may not send a ballot to, or add to

an elector registration list, an individual who does not have

a completed registration under paragraph (1.2).

(2) An application for voter registration or automatic

registration submitted to the Department of Transportation

under this subsection shall be considered as updating any

previous voter registration information by a registrant.

(3) Any change of address submitted to the Department of

Transportation for the purposes of driver licensing or an

identification card under 75 Pa.C.S. § 1510 shall serve as

notification of change of address for voter registration for

the registrant involved unless the registrant indicates that

the change of address is not for voter registration purposes.

(b) Process.--

(1) The Department of Transportation shall both provide

for an application for voter registration as part of a

driver's license application[.] and collect voter

registration information as part of an application submitted

under 75 Pa.C.S. § 1510 by an individual who meets the

qualifications to register under section 1301(a) (relating to

qualifications to register).

(2) The format of the driver's license/voter

registration application and information to be collected

shall be determined and prescribed by the secretary and the

Secretary of Transportation[.] and shall include all the

requirements of an official voter registration application

specified in section 1327 (relating to preparation and

distribution of applications).

(3) The voter registration application portion of the

application shall contain all the requirements of an official

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voter registration application specified in section 1327

[(relating to preparation and distribution of applications)].

The voter registration portion of the application:

(i) may not require any information that duplicates

information required in the driver's license portion of

the form, other than a second signature; and

(ii) may require only the minimum amount of

information necessary to prevent duplicate voter

registration, to enable the commission to assess the

eligibility of the applicant and to administer voter

registration and other parts of the election process.

(1) The Department of Transportation shall forward

completed applications or contents of the completed voter

registration applications in machine-readable format to the

department by the close of registration for the ensuing

election. The Department of Transportation shall forward the

electronic registration record containing the information set

forth in subsection (a)(1.1) to the secretary as prescribed

by section 1201(2) (relating to departmental

responsibilities) regarding individuals who report being a

citizen of the United States, subject to penalties under 18

Pa.C.S. § 4904.

(2) [The] Upon receipt, the department shall transmit

the material to the appropriate commission within ten days

after the date of its receipt by the Department of

Transportation. If a voter registration application is

received by the Department of Transportation within five days

before the last day to register before an election, the

application shall be transmitted to the appropriate

20190HB1560PN1978 - 11 -

commission not later than five days after the date of its

receipt by the Department of Transportation.

(3) Upon receipt of the completed voter registration

information from the department, the commission shall make a

record of the date of the receipt of the application or

electronic registration record and process the application.

No applicant shall be deemed eligible to vote until the

commission has received and approved the application. Upon

receipt of an electronic registration record from the

department, the commission shall notify the individual of the

process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

(3.1) If an individual notified under paragraph (3) does

not decline to be registered as an elector within 21 calendar

days after the commission issues the notification, the

individual's electronic record and electronic signature

submitted under paragraph (1) shall constitute a completed

voter registration application for purposes of this chapter.

The person shall be registered to vote if the individual is

eligible to vote under the laws of this Commonwealth and is

not already registered to vote.

(3.2) A commission may not send a ballot to, or add to

an elector registration list, an individual who does not have

a completed voter registration under paragraph (3.1).

[(3.1)] (3.3) After the Department of Transportation is

connected to the SURE system and notwithstanding paragraphs

(1), (2) and (3), the Department of Transportation shall

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transmit electronically the contents of a completed voter

registration application within five days of receipt of the

application. The Department of Transportation shall transmit

the electronic registration records of individuals who have

reported, subject to penalties under 18 Pa.C.S. § 4904, that

the individual is a citizen of the United States and shall

contain the information set forth in subsection (a)(1.1)

within 24 hours of collection of the information. Upon

receipt of the information from the Department of

Transportation, a commission shall, in the case of an

application, make a record of the date of the receipt of the

application and process the application in accordance with

section 1328 (relating to approval of registration

applications) or, in the case of an electronic registration

record, proceed in accordance with paragraphs (3), (3.1) and

(3.2). If the commission of the county of residence has not

been connected to the SURE system, the Department of

Transportation shall forward the completed application or

contents of the completed application or the electronic

registration record to the department in accordance with

paragraph (1). No applicant shall be deemed eligible to vote

until the commission has received and approved an application

in accordance with section 1328.

(4) Changes of address shall comply with the following:

(i) Before the Department of Transportation is

connected to the SURE system, the Department of

Transportation shall notify the department of changes of

address received under subsection (a)(3). The department

shall notify the commission of the county of the

registrant's former residence. After the Department of

20190HB1560PN1978 - 13 -

Transportation is connected to the SURE system, the

Department of Transportation shall notify the commission

of the county of the registrant's former residence. If

the registrant has moved to an address outside this

Commonwealth, the commission shall verify the address

change in accordance with section 1901 (relating to

removal of electors). Except as provided in subparagraph

(ii), if the registrant confirms in accordance with

section 1901(d) that he has moved to another county, the

commission shall cancel the registration and forward the

registrant's registration information to the commission

of the registrant's new county of residence. Except as

provided in subparagraph (ii), if the registrant has

moved to an address within the commission's jurisdiction,

the commission shall promptly update the registration

record of the registrant in accordance with section 1328.

All changes of address received by the Department of

Transportation under this section at least 30 days before

an election must be processed by the commission for the

ensuing election. For the purpose of this paragraph, the

term "registration information" means the registration

card and any other record of registration maintained by a

commission.

(ii) In the case of changes of address received by

the Department of Transportation which do not contain a

signature of the registrant, the commission receiving the

change of address notification shall mail a notice to the

registrant at the new residence address requesting

verification of the address change. If the change of

address is to a new residence outside the commission's

20190HB1560PN1978 - 14 -

jurisdiction, the commission shall mail the following

notice:

Date.................

Office of the Registration Commission

.......... County, Pennsylvania

....... (Address and Telephone No. of County)

We have been notified by the Department of Transportation

that you recently changed your address

from ................. (old residence address)

to ............... (new residence address) and that this

change of address is to serve as a change of address for

voter registration purposes. Unless you notify this

office within ten days from the date of this notice that

this information is not correct, your voter registration

will be transferred to ........ County. You may notify

this office by writing your residence address, the date

and your signature on the bottom of this form and mailing

this notice to this office. You need not notify this

office if this information is correct.

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

Chief Clerk

If the address change is within the commission's

jurisdiction, the commission shall mail a voter's

identification card to the registrant at the new

residence address.

(iii) If the registrant does not return the notice

under subparagraph (ii) within the ten-day period, the

commission shall process the change of address according

to subparagraph (i). If the registrant notifies the

commission that the information is incorrect and the

20190HB1560PN1978 - 15 -

commission is satisfied with the registrant's explanation

of the discrepancy, the address of the registrant's

registration shall remain unchanged. If the verification

notification or voter identification card is returned by

the post office as undeliverable as addressed or with a

forwarding address, the commission shall send a

confirmation notice to the registrant's address of former

residence in accordance with section 1901(d)(2).

(5) Upon notification and confirmation of any change of

address, a commission shall promptly update information

contained in its registration record.

(d) Prohibition.--[An] The Department of Transportation may

not register to vote under this section an individual who is not

a qualified elector [is ineligible to register to vote under

this section].

(e) Effect.--Failure to properly complete a voter

registration application or refusal to provide voter

registration information shall not affect the validity of an

application for a driver's license, a renewal application or an

identification card application.

(f) Use of information.--No information regarding a

declination to register to vote in connection with an

application [made] submitted or not submitted if an individual

has not certified that the individual is a citizen of the United

States, subject to penalties under 18 Pa.C.S. § 4904, under this

section may be used for any purpose other than voter

registration.

(g) Staff.--Agents and employees working on behalf of the

Department of Transportation assisting in the completion of

voter registration applications or collecting voter registration

20190HB1560PN1978 - 16 -

information under this section shall conduct themselves in a

manner consistent with the following principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make a statement to an applicant or

take an action the purpose or effect of which is to

discourage the applicant from registering to vote or

providing voter registration information.

(3) Applicants wishing to register to vote under this

section shall be given the same degree of assistance with the

voter registration application as with all other Department

of Transportation forms.

Agency employees who violate this subsection or who fail to

collect the information required under subsection (a)(1.1) or

who fail to forward the information to the department or the

SURE system shall be removed from employment, provided that the

agency at its discretion may impose a penalty of suspension

without pay for at least 30 days, but not more than 120 days, if

it finds that the violation does not warrant termination.

§ 1325. Government agencies.

* * *

(b) Forms.--An agency designated in subsection (a) shall

provide a form for office visits or, if the agency provides

services to persons with disabilities, for home visits which

contains all of the following:

* * *

(4) The statement "In order to be qualified to register

to vote, you must be at least 18 years of age on the day of

the next election, you must have been a citizen of the United

20190HB1560PN1978 - 17 -

States for at least one month prior to the next election and

have resided in Pennsylvania and the election district where

you plan to vote for at least 30 days prior to the next

[election, and you must not have been confined in a penal

institution for a conviction of a felony within the last five

years."] election."

* * *

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

§ 1325.1. Same day voter registration.

(a) Application.--A qualified elector may register on

election day by appearing in person at the polling place for the

electoral district in which the individual maintains residence

by completing and submitting a registration application to the

judge of elections and providing proof of identification and

residence.

(b) Acceptable forms of identification.--In addition to

providing a completed voter registration form, an applicant must

provide a valid form of identification, including any of the

following government-issued forms of identification:

(1) A valid driver's license or identification card

issued by the Department of Transportation.

(2) A valid identification card issued by another agency

of the Commonwealth.

(3) A valid identification card issued by the United

States Government.

(4) A valid United States passport.

(5) A valid United States Armed Forces identification

card.

(1) Upon certifying the eligibility of the qualified

20190HB1560PN1978 - 18 -

elector, the judge of elections at the polling place shall

issue a provisional ballot, provided by the county board of

elections, which is to be completed by the qualified elector

and sealed in an envelope along with the voter registration

application.

(2) Within 10 days of an election, the Department of

State shall approve or deny a voter registration application

under the provisions established in section 1328 (relating to

approval of registration applications).

(3) The provisional ballot shall not be counted until

the Department of State has approved the voter registration

application.

(4) The qualified elector shall be notified in writing

by the Department of State as to the approval or denial of a

voter registration application.

§ 1325.2. Commonwealth agencies and other entities.

(a) Administration.--The secretary shall administer a system

whereby each individual submitting an employment or program

application shall provide for simultaneous voter registration in

conjunction with an employment or program application filed with

the agency or entity.

(b) Procedure.--The secretary shall prescribe a procedure

and schedule by which each entity under this section shall

provide to the department electronic records containing the

legal name, age, residence and citizenship information for, and

the electronic signature of, each individual who has certified

that the individual is a citizen of the United States, subject

to penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities), and any other information

required under this chapter.

20190HB1560PN1978 - 19 -

information shall not affect the validity of an employment or

program application, consideration of the application or

eligibility for any financial assistance, compensation, benefit

or service available, offered or to which the person is entitled

under any program.

(d) Staff.--

(1) Agency or entity employees collecting voter

registration information under this section shall conduct

themselves in a manner consistent with the following

principles:

(i) The employee may not seek to influence an

applicant's political preference or party registration or

display political preference or party allegiance.

(ii) The employee may not make any statement to an

applicant or take any action the purpose of or effect of

which is to discourage the applicant from providing voter

registration information.

(iii) The employee may not make any statement to an

applicant or take any action the purpose of or effect of

which is to lead the applicant to believe that refusing

to provide voter registration information has any bearing

on the application, including its consideration, the

likelihood of employment or, in the case of an

application to a State-owned or State-related university,

acceptance, the availability of services or benefits.

(2) Agency or entity employees who violate this

subsection, who fail to collect the information required

under section 1323 (a)(1.1) or fail to forward the

information to the department shall be removed from

20190HB1560PN1978 - 20 -

employment, except that the agency or entity at its

discretion may impose a penalty of suspension without pay for

at least 30 days, but not more than 120 days, if the agency

or entity finds that the violation does not warrant

termination.

(e) Encouraging registration.--Agencies and entities subject

to this section must provide reasonable space for nonpartisan

signs or posters advising individuals of automatic voter

registration. The signs and posters shall be provided by the

secretary.

(f) Transmission.--The following shall apply:

(1) Agencies and entities subject to this section shall

forward the electronic registration record of individuals who

certify that the individual is a citizen of the United

States, subject to penalties under 18 Pa.C.S. § 4904,

containing the information set forth in section 1323 (a)(1.1)

to the secretary as prescribed by section 1201(2) (relating

to departmental responsibilities).

(2) Upon receipt, the department shall transmit the

material to the appropriate commission.

(3) Upon receipt of the electronic record from the

department, the commission shall notify the individual of the

process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

(4) The individual's electronic record and electronic

signature submitted under paragraph (1) shall constitute a

completed voter registration card for purposes of this

20190HB1560PN1978 - 21 -

chapter. The person shall be registered to vote if the

individual is eligible to vote under the laws of this

Commonwealth and is not already registered to vote.

(5) An individual notified under paragraph (3) who does

not decline to be registered as an elector within 21 calendar

days after the commission issues the notification and does

not adopt a political party affiliation shall be required to

adopt a political party affiliation prior to voting at the

next primary election at which the individual exercises the

right to vote. If no such political affiliation is adopted,

an individual shall be permitted to vote at the next election

that does not require a political party affiliation to

participate.

(6) A commission may not send a ballot to, or add to an

elector registration list, an individual who does not have a

completed voter registration under paragraph (4).

(g) Confidentiality.--The identity of any agency or entity

through which any particular voter is registered in accordance

with this section shall not be disclosed to the public.

(h) Use of information.--No information relating to voter

registration collected by agencies or entities, including, but

not limited to, an individual's citizenship status under this

section or information relating to an individual's election to

decline to register as a voter may be used for any purpose other

than voter registration.

(i) Regulation.--The secretary shall promulgate regulations

regarding the maintenance and destruction of forms used under

this section.

Section 4. Sections 1326(b) and (c), 1327, 1328(b) and (c)

and 1501 are amended to read:

20190HB1560PN1978 - 22 -

§ 1326. Time.

* * *

(b) Deadlines.--In the administration of voter registration,

each commission shall ensure that any applicant who is a

qualified elector is registered to vote in an election when the

applicant has met any of the following conditions:

(1) In the case of voter registration with a motor

vehicle driver's license application under section 1323

(relating to [application] automatic registration with

driver's license application), if the valid application or

electronic voter registration application is submitted to the

appropriate Department of Transportation office or received

by the department not later than 30 days before the date of

the election.

(2) In the case of registration by mail under section

1324 (relating to application by mail), if the valid voter

registration mail application is postmarked not later than

the deadline to register for the ensuing election or, in the

case of an illegible or missing postmark, it is received not

later than five days after the deadline to register for the

ensuing election.

(3) In the case of voter registration at a voter

registration agency under section 1325 (relating to

government agencies) or 1325.2 (relating to Commonwealth

agencies and other entities), if the valid voter registration

application is accepted at the voter registration agency or

electronic voter registration record is received by the

department not later than 30 days before the date of the

election.

(3.1) In the case of same day voter registration if the

20190HB1560PN1978 - 23 -

valid voter registration application of the applicant is

accepted in the appropriate electoral district by the

presiding judge of elections.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission not later than 30 days before the election.

(1) In the case of a special election within a

congressional, senatorial or representative district held on

a day other than the day of a primary, general or municipal

election, the registration application forms and electronic

records shall not be processed in the wards and election

districts comprising the district for the [30] five days

prior to the special election for such election.

(2) No applications shall be received as follows:

(i) On Sundays.

(ii) On holidays.

(iii) On the day of the election.

(iv) During the [30] five days next preceding each

general, municipal and primary election except as

provided in subsection (b).

§ 1327. Preparation and distribution of applications.

(a) Form.--

(1) The secretary shall prescribe the form of an

official voter registration application. The official voter

registration application shall provide space for the

following information about the applicant:

(i) Full name.

(ii) Address of residence. If the residence is a

portion only of the house, the location or number of the

20190HB1560PN1978 - 24 -

room, apartment or floor which is occupied.

(iii) Mailing address if different than address of

residence.

(iv) Name and residence address on previous

registration and the year of that registration.

(v) Designation of political party, for the purpose

of voting at a primary election.

(vi) Date of birth.

(vii) Telephone number. An application shall not be

rejected because of noncompliance with this subparagraph.

(viii) Race. An application shall not be rejected

because of noncompliance with this subparagraph.

(2) Data required on the voter registration application

shall not be more nor less than the minimum data elements

permissible for Federal voter registration.

(3) Any person who assists in the completion of the

registration application shall sign the application and

indicate the person's address. In the case of those

[registering] automatically registered electronically under

[sections] section 1323 (relating to [application] automatic

registration with driver's license application) [and], 1325

(relating to government agencies) or 1325.2 (relating to

Commonwealth agencies and other entities), the person

providing assistance shall insert the person's initials or

employee or agent identification number on a separate or

detachable portion of the application or the computer data

file.

(4) A voter registration application shall be printed on

stock of good quality and shall be of suitable uniform size.

Nothing in this part shall prohibit the design and use of an

20190HB1560PN1978 - 25 -

electronic voter registration application which includes the

applicant's digitized or electronic signature. The

registration application shall contain the following

information; however, the information may be provided on a

separate form for automatic voter registration made under

section 1323 [or], 1325 or 1325.2:

(i) Notice that a registered elector does not need

to reregister unless the registered elector has moved.

(ii) Instructions on how to fill out and submit the

application and notification of when the application must

be submitted to a voter registration office in order to

be registered for the ensuing election.

(iii) Notice that the applicant must be a citizen of

the United States for at least one month prior to the

next election and a resident of this Commonwealth and the

election district for at least 30 days and must be at

least 18 years of age by the day of the next ensuing

election [and has not been confined in a penal

institution for a conviction of a felony within the last

five years]. The notice required in this subparagraph

shall be in print identical to the declaration under

subsection (b).

(iv) Notice that political party enrollment is

mandatory to vote in a primary election of a political

party.

(v) [Notice] For a paper application, notice that

the commission will mail by nonforwardable mail to the

applicant a voter's identification card upon acceptance

of the application and that the applicant should contact

the commission if the identification card is not received

20190HB1560PN1978 - 26 -

within 14 days from the date the application is sent to

the registration office.

(v.1) For automatic registration under section 1323,

1325 or 1325.2, notice that the commission will notify

the individual of the registration and that if the

individual does not decline to be registered as an

elector within 21 calendar days after the commission

issues the notification, the individual's electronic

record and electronic signature submitted under paragraph

(1) shall constitute a completed voter registration card

for purposes of this chapter.

(vi) Notice that registration is not complete until

the application is processed and accepted by the

commission.

(vii) A warning to the applicant that making a false

registration or furnishing false information is perjury.

The notice required in this subparagraph shall be in

print identical to the declaration under subsection (b).

(viii) Instructions to Federal or State employees

who wish to retain voting residence in county of last

residence to so indicate on the application.

(ix) Notice that, if an individual declines to

declined to register will remain confidential and will be

used only for voter registration purposes. The notice

required in this subparagraph shall be in print identical

to the declaration under subsection (b).

(x) Notice that, if an individual does register to

vote, the office at which the individual submits a voter

registration application or was automatically registered

20190HB1560PN1978 - 27 -

will remain confidential and will be used for voter

registration purposes only. The notices required in this

subparagraph shall be in print identical to the

declaration in subsection (b).

(5) In jurisdictions where there is a single language

minority, the secretary may print a bilingual application.

(6) In jurisdictions where a single language minority

exceeds [5%] 3% of the population, the secretary shall:

(i) print [a bilingual application] voting notices,

forms, instructions, assistance and ballots in both

English and the minority language; and

(ii) conduct a public educational program among that

language group alerting both organizations and

individuals of that group of the availability of the

bilingual application and encouraging individuals to

In jurisdictions where interested citizens or organizations

provide the secretary with information that gives the

secretary sufficient reason to believe a substantial need

exists for language assistance for voting the secretary shall

provide it.

(7) To implement section 1324 (relating to application

by mail), the secretary shall print an official voter

registration mail application designed to preserve the

confidentiality of the information required to be submitted.

The application shall contain information required by this

section and shall include the name of each county seat, its

post office mailing address and zip code and its telephone

number. Voter registration mail applications shall contain

information indicating whether the application is a new

20190HB1560PN1978 - 28 -

registration, change of party enrollment, change of address

or change of name.

(8) Nothing in this part shall prohibit a private

organization or individual from printing blank voter

registration applications or shall prohibit the use of such

applications by any other individual, provided that the form,

content and paper quality of such voter registration

application complies with department regulations for the

forms or has received prior approval from the secretary.

(b) Registration declaration.--

(1) The official voter registration application shall

contain a registration declaration. On the declaration, the

applicant shall state all of the following:

(i) The applicant has been a citizen of the United

States for at least one month prior to the next election.

(ii) On the day of the next ensuing election, the

applicant shall be at least 18 years of age.

(iii) On the day of the next ensuing election, the

applicant shall have resided in this Commonwealth and in

the election district for at least 30 days.

[(iv) The applicant has not been confined in a penal

institution for a conviction of a felony within the last

five years.]

(v) The applicant is legally qualified to vote.

(2) The applicant shall affirm all of the following:

(i) The information provided in the registration

declaration is true.

(ii) The applicant understands that:

(A) the registration declaration will be

accepted for all purposes as the equivalent of an

20190HB1560PN1978 - 29 -

affidavit; and

(B) if the registration contains a material

false statement, the applicant shall be subject to

penalties for perjury.

(3) The registration declaration shall contain the

printed name and signature of the applicant and the date of

signing. An applicant unable to sign the voter registration

application shall make a mark before a person of the

applicant's choice other than the applicant's employer or an

agent of the applicant's union. The person shall insert the

person's name, address and telephone number. If the person is

an employee or agent of the Department of Transportation or

another agency as provided under section 1325 and is

assisting the applicant in an official capacity, the employee

or agent shall insert the initials and identification number

of the employee or agent. In the case of applicants

registering under section 1323 or 1325, the person providing

assistance shall insert initials or employee or agent

identification number on [a separate or detachable portion of

the application or] the computer data file.

(4) The official registration application shall contain

a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The

notice shall advise the applicant that if a person signs an

official registration application knowing a statement

declared in the application to be false, the person commits

perjury. The notice shall specify the penalty for perjury.

(1) The secretary shall supply official registration

applications to commissions.

(2) The secretary shall make available for distribution

20190HB1560PN1978 - 30 -

official voter registration applications to public libraries,

public schools, State-related institutions of higher

education, offices operated by the Department of Revenue,

offices operated by the Department of Aging, area agencies on

aging, offices operated by the Pennsylvania Game Commission

or any of its authorized license-issuing agents, offices

operated by the Pennsylvania Fish and Boat Commission or any

of its issuing agents, and offices that provide unemployment

compensation.

(3) Each participating agency identified under paragraph

(2) shall:

(i) Provide that official voter registration mail

applications are available on the premises and displayed

prominently in a conspicuous location during normal

business hours.

(ii) Provide an official voter registration mail

application to any individual requesting one.

(iii) Provide reasonable space for nonpartisan signs

or posters indicating the availability of official voter

registration mail applications on the premises.

(4) The secretary may provide technical assistance to

commissions upon request and agencies designated under

paragraph (2).

(5) The secretary shall print and distribute mail

registration applications which are not postage paid and

which shall not be specific to any county registration

office. Along with the distribution of such applications, the

secretary shall also include instructions to inform the

applicant where the application is to be sent.

(6) The secretary and commissions shall supply

20190HB1560PN1978 - 31 -

applications to all of the following:

(i) Persons and organizations who request

applications.

(ii) Federal, State and political subdivision

offices.

(iii) Political parties and political bodies.

(iv) Candidates.

(7) The secretary shall print and distribute same day

voter registration applications to all polling places

throughout this Commonwealth. Along with the distribution of

such applications, the secretary shall also include

instructions to inform the applicant of the same day voter

registration application process, the process for counting

the applicant's vote and verifying the applicant's

eligibility.

(d) Staff.--Agency employees assisting in the distribution

of voter registration applications under subsection (c) shall

conduct themselves in a manner consistent with the following

principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to

discourage the applicant from registering to vote.

(3) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to lead

the applicant to believe that a decision to register or not

to register has any bearing on the availability of services

or benefits.

20190HB1560PN1978 - 32 -

Agency employees who violate this subsection shall be removed

from employment, provided that the agency at its discretion may

impose a penalty of suspension without pay for at least 30 days,

but not more than 120 days, if it finds that the violation does

not warrant termination.

§ 1328. Approval of registration applications.

* * *

(b) Decision.--A commission shall do one of the following:

(1) Record and forward a voter registration application

to the proper commission if the commission finds during its

examination under subsection (a) that the applicant does not

reside within the commission's county but resides elsewhere

in this Commonwealth.

(2) Reject a voter registration application[,] or an

electronic voter registration record transferred under

section 1323 (relating to automatic registration with

driver's license application), 1325 (relating to government

agencies) or 1325.2 (relating to Commonwealth agencies and

other entities), indicate the rejection and the reasons for

the rejection on the application or electronic voter

registration record and notify the applicant by first class

nonforwardable mail, return postage guaranteed of the

rejection and the reason if the commission finds during its

examination under subsection (a) any of the following:

(i) The application or electronic registration was

not properly completed and, after reasonable efforts by

the commission to ascertain the necessary information,

the application or electronic registration remains

incomplete or inconsistent.

(ii) The applicant is not a qualified elector.

20190HB1560PN1978 - 33 -

(iii) The applicant is not entitled to a transfer of

registration or a change of address.

(iv) The applicant is not legally qualified for a

change of name.

A rejection shall be made no later than ten days before the

election succeeding the filing of the application.

(3) Process a voter registration application or

electronic registration in accordance with subsection (c) if

the commission finds during its examination under subsection

(a) all of the following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(4) Process a voter registration application or

electronic registration in accordance with subsection (c) and

update its registration records if the commission finds

during its examination under subsection (a) all of the

following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of the county.

(5) Process a voter registration application or

electronic registration in accordance with subsection (c) and

request transfer of registration records in accordance with

20190HB1560PN1978 - 34 -

subsection (d) if the commission finds during its examination

under subsection (a) all of the following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(6) Process a voter registration application or

electronic registration in accordance with subsection (c) and

request transfer of registration records in accordance with

subsection (d) if the commission finds during its examination

under subsection (a) all of the following:

(i) The application or electronic registration

requests a transfer of registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(7) Process a voter registration application or

electronic registration in accordance with subsection (c) and

update its registration if the commission finds during its

examination under subsection (a) all of the following:

(i) The application or electronic registration

requests a change of address.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

20190HB1560PN1978 - 35 -

(iii) The applicant is currently a registered

elector of the county.

(8) Process a voter registration application or

electronic registration in accordance with subsection (c) and

update its registration records if the commission finds

during its examination under subsection (a) all of the

following:

(i) The application or electronic registration

requests a change of name.

(ii) The applicant is legally qualified to a change

of name.

(iii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iv) The applicant is currently a registered elector

of the county.

(9) Voters shall be able to track the status of their

registration online via a secure publicly accessible Internet

website.

(1) When a commission has accepted a voter registration

application or electronic registration under subsection (b)

(3), the commission shall assign each applicant a unique

identification number in the SURE system. [The] Except as

provided in section 1323(c)(3.1), 1325(f) or 1325.2(f)(4),

the commission shall mail a wallet-sized voter's

identification card to the individual by first class

nonforwardable mail, return postage guaranteed, which shall

serve as notice of the acceptance of the application. The

card shall contain all of the following:

20190HB1560PN1978 - 36 -

(i) Name and address of the individual.

(ii) Name of municipality of residence.

(iii) Identification of the individual's ward and

district.

(iv) The effective date of registration.

(v) Designation of party enrollment and date of

enrollment.

(vi) A space for the individual's signature or mark.

(vii) The unique identification number of the

individual.

(viii) A statement that the individual must notify

the commission within ten days from the date it was

mailed if any information on the card is incorrect;

otherwise, the information shall be deemed correct for

voter registration purposes.

(2) When a commission has accepted a voter registration

application under subsection (b)(4), (5), (6), (7) or (8),

except as provided in section 1323(c)(3.1), 1325(f) or

1325.2(f)(4), the commission shall mail a wallet-sized

voter's identification card to the individual by first class

nonforwardable mail, return postage guaranteed, which shall

serve as notice of the acceptance of the application. The

card shall contain all of the following:

(i) Name and address of the individual.

(ii) Name of municipality of residence.

(iii) Identification of the individual's ward and

district.

(iv) The effective date of registration.

(v) Designation of party enrollment and date of

enrollment.

20190HB1560PN1978 - 37 -

(vi) A space for the individual's signature or mark.

(vii) The SURE registration number of the

individual.

(viii) A statement that the individual must notify

the commission within ten days from the date it was

mailed if any information on the card is incorrect;

otherwise, the information shall be deemed correct for

voter registration purposes.

(3) An envelope containing a voter identification card

shall be marked on the outside with a request to the

postmaster to return it within five days if it cannot be

delivered to the addressee at the address given.

(4) (i) If an envelope containing a voter

identification card has been mailed in accordance with

paragraphs (1) and (3) and has not been returned to the

commission by the postmaster within ten days from the

date it was mailed, the individual shall be deemed a

registered elector of the county and the commission shall

enter the individual's registration information in the

general register. The unique identification number shall

be entered as the registered elector's SURE registration

number. No person shall be deemed a registered elector of

the county until ten days after the voter identification

card has been mailed.

(ii) If an envelope containing a voter

identification card has been mailed in accordance with

paragraphs (2) and (3) and has not been returned to the

commission by the postmaster within ten days from the

date it was mailed, the individual shall be deemed a

registered elector of the county and the commission shall

20190HB1560PN1978 - 38 -

enter the individual's registration information in the

general register. No person shall be deemed a registered

elector of the county until ten days after the voter

identification card has been mailed.

(5) If an envelope containing a voter identification

card is returned by the postmaster because the envelope is

undeliverable at the given address, the commission shall

investigate. If the commission finds that the individual is

not qualified to register from the address, the commission

shall reject the application and shall notify the individual

by first class forwardable mail of this action.

* * *

§ 1501. Removal notices.

(a) Form.--

(1) A commission shall make removal notices available to

electors who are registered in the county.

(2) The notice shall be printed upon cards suitable for

mailing, addressed to the office of the commission. The

notice shall provide the following information:

(i) The address of present residence, including

municipality.

(ii) The address of last registration, including

municipality.

(iii) Date of removal to present residence.

(iv) Signature.

[(3) The notice shall contain a statement that the

registered elector may, by filling out properly and signing a

removal notice and returning it to the office of the

commission, secure the transfer of registration effective as

to elections at least 30 days after the date of removal into

20190HB1560PN1978 - 39 -

the new district.

(4) The notice shall contain a warning to the registered

elector that the notice will not be accepted as an

application for transfer of the elector's registration unless

the signature thereon can be identified by the commission as

the elector's signature as it appears on file with the

commission.

(5) The notice shall contain a warning to the registered

elector that the notice must be received by the commission

not later than 30 days before an election. If mailed, the

notice must be postmarked not later than the deadline for

registration or, in the case of an illegible or missing

postmark, received within five days of the close of

registration.]

(6) A person who has changed the person's permanent

place of residence within this Commonwealth, but who has not

transferred voter registration to the new address, shall be

permitted to vote a regular ballot at the polling place for

the person's new address on the day of the election,

including any days established for early voting, under

paragraph (7).

(7) An elector who moves from the precinct in which the

elector is registered shall be permitted to change the

elector's place of residence and vote by regular ballot in

the precinct to which the elector has moved if the elector

completes an affirmation in substantially the following form:

Change of Legal Residence

of Registered Voter

Under penalties for false swearing, I, ..................

(name of voter) swear (or affirm) that the former address

20190HB1560PN1978 - 40 -

of my legal residence was ...............................

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

(address of legal residence) in the municipality of

........................................... in

........................................ County,

Pennsylvania, and I was registered to vote at this

address; that I have not voted in the precinct of my

former registration in this election; that now I reside

at the following address:

(i) Address .......................................

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

(ii) Municipality .................................

(iii) County ......................................

(iv) Pennsylvania Zip Code ........................

(v) I further swear (or affirm) that I am otherwise

legally registered, eligible and entitled to vote

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

(Signature of voter whose address of legal residence

has changed)

(8) An elector whose name is changed from that on the

elector's voter registration, because of marriage or other

legal process, shall be permitted to vote under the elector's

new name, provided such elector completes an affirmation in

substantially the following form:

Change of Name

of Registered Voter

Under penalties for false swearing, I, ..................

(new name of voter) swear (or affirm) that my name has

been changed because of marriage or other legal process.

My former name and address of legal residence appear on

20190HB1560PN1978 - 41 -

the registration records as follows:

(i) Name ..........................................

(ii) Address ......................................

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

(iii) Municipality ................................

(iv) County .......................................

(v) Pennsylvania Zip Code .........................

(vi) My present name and address of legal residence

are as follows:

(vii) Name ........................................

(viii) Address ....................................

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

(ix) Municipality .................................

(x) County ........................................

(xi) Pennsylvania Zip Code ........................

(xii) And I further swear (or affirm) that I am

otherwise legally registered and entitled to vote

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

(Signature of voter whose name has changed)

(9) The affirmation, when completed and presented at the

precinct in which the elector is entitled to vote, upon

verification that the elector is a registered voter in this

Commonwealth, shall entitle the elector to vote a regular

ballot as provided in this subsection. If the elector's

registration record cannot be located in the State database,

the elector shall be entitled to vote a provisional ballot,

subject to the requirement and procedures in section 1210(a)

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

Pennsylvania Election Code. Upon receipt of an affirmation or

application certifying a change in address of legal residence

20190HB1560PN1978 - 42 -

or name, the director of the county board of elections shall,

as soon as practicable, make the necessary changes in the

SURE system to indicate the change in address of legal

residence and name of the elector.

(10) The secretary shall ensure that each precinct shall

have access to the SURE system to determine an elector's

eligibility to vote in accordance with this section. If

access to the Statewide database is unavailable at each

precinct on the effective date of this paragraph, the

secretary shall, within 90 days of the effective date,

present the General Assembly with a plan to comply with this

provision within 12 months of the effective date. During such

period as a precinct does not have access to the Statewide

voter registration system, voters will still be offered the

opportunity to update any new voter information in accordance

with this section.

[(b) Use.--A registered elector who removes residence from

one place to another within the same county must notify the

commission by filing a removal notice under subsection (a) or a

signed request for renewal that contains the information

required in subsection (a) with the commission not later than

the registration deadline before an election. If mailed, the

notice or request must be postmarked not later than the deadline

for registration or, in the case of an illegible or missing

postmark, received within five days of the close of

registration. The following apply:

(1) An official registration application of an elector

who has registered by mail qualifies as a removal notice.

(2) A registered elector who removes residence from one

place to another within the same county and who has not yet

20190HB1560PN1978 - 43 -

filed a removal notice with the commission shall be permitted

to vote once at the elector's former polling place following

removal if, at the time of signing the voter's certificate,

the elector files with the judge of election a signed removal

notice properly filled out. Removal notices under this

paragraph shall be returned to the commission with the voting

check list, and the commission shall proceed to transfer the

registration of the elector under section 1502 (relating to

transfer of registration) and shall promptly update

information contained in its registration records. A

registered elector may vote in the election district of the

elector's former residence not more than one time following

the elector's removal.

(3) A registered elector who removes residence from one

county to another county and who is not registered to vote in

the new county of residence shall be permitted to vote in the

election district in the former county of residence if, at

the time of signing the elector's certificate, the elector

files with the judge of election a signed affirmation

declaring the elector's new residence. A registered elector

may vote in the election district of the elector's former

residence not more than one time following the elector's

removal. Affirmations made under this paragraph shall be

returned to the commission of the elector's former county of

residence with the voting checklist, and that commission

shall proceed to transfer the registration of the elector

under section 1502. Upon receipt of the transfer notice, the

commission of the elector's new county of residence shall

immediately process the transfer of the elector in accordance

with section 1328 (relating to approval of registration

20190HB1560PN1978 - 44 -

applications). Both commissions shall promptly update

information contained in their registration records.]

in subsection (a)(7) or (8), an elector may complete a voter

registration application that indicates the change of name or

change of address of legal residence.

Section 5. Title 25 is amended by adding a section to read:

§ 1515. Effect of inmates being released from correctional

facilities.

(a) Duty of Department of Corrections.--The Department of

Corrections shall, within 14 days of the release of an inmate

from incarceration in a State correctional institution, send the

name and address of residence of that individual to the county

board of elections in the inmate's county of residence in a

manner and on a form prescribed by the department. The county

board of elections shall promptly update information contained

in its registration records.

(b) Duty of county officials.--The warden or supervisor of a

county jail or prison shall, within 14 days of the release of an

individual from incarceration in the county jail or prison, send

the name and address of residence of that individual to the

county board of elections in a manner and on a form prescribed

by the county. The county board of elections shall promptly

update information contained in its registration records.

Section 6. 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

20190HB1560PN1978 - 45 -

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.

(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.]

20190HB1560PN1978 - 46 -

Section 7. Title 25 is amended by adding a section to read:

§ 3303. Early voting.

(a) Establishment.--The Secretary of State shall allow

electors to vote early at the county board of elections office

and additional sites as designated by the county board of

elections.

(b) Sites.--The Secretary of State may designate any city

hall or permanent public library facility as early voting sites.

If designated, the sites must be geographically located to

provide voters in the county an equal opportunity to cast a

ballot, as is practicable.

early voting may not be made before the close of the polls on

election day. Early voting results shall be reported in the same

manner as votes cast on election day.

(d) Designation of sites.--The Secretary of State shall

designate each early voting site by no later than the 30th day

prior to an election and each local elections board shall

undertake steps to inform the public about early voting and the

locations of early voting centers in each county.

(e) Opening and closing.--Voting sites shall be open on the

same days for the same amount of time and shall allow any person

in line at the closing of an early voting site to vote. Early

voting sites shall open no sooner than 7 a.m. and close no later

than 8 p.m. on each applicable day.

(f) Duration.--Early voting shall begin on the 30th day

before an election and end at 6 p.m. on the Sunday before an

election. For a special election, early voting shall begin on

the eighth day before an election and end on the second day

before an election. Early voting shall be provided for 10 hours

20190HB1560PN1978 - 47 -

per weekday and eight hours on each Saturday and Sunday at each

site during the applicable periods.

(g) Municipalities.--Municipalities may provide early voting

in municipal elections that are not held in conjunction with

county or State elections. If a municipality provides early

voting, it may designate as many sites as necessary and shall

conduct its activities in accordance with the provisions of

subsections (a), (b), (c), (d) and (e).

(h) Early voting period.--

(1) During early voting periods, each judge of elections

shall make available the names of voters and total number of

voters casting a ballot at each early voting location during

the previous day. The information shall be updated and made

available no later than 12 noon of each day and shall be

contemporaneously provided to the Department of State. The

ballot of each elector voting early shall be counted even if

the elector dies on or before election day.

(2) A list of voters who voted early shall be a matter

of public record.

(i) Early voting voter certificate.--The elector must

provide identification and must complete an early voting voter

certificate in substantially the following form:

EARLY VOTING VOTER CERTIFICATE

I,......., am a qualified elector in this election and

registered voter of ................ County, Pennsylvania. I do

solemnly swear or affirm that I am the person listed on the

voter registration rolls of ................ County and that I

reside at the listed address. I understand that if I vote

unlawfully or attempt to vote unlawfully, I could be convicted

of a misdemeanor of the first degree and shall, upon conviction,

20190HB1560PN1978 - 48 -

be sentenced to pay a fine not exceeding $10,000 and to

imprisonment for not more than five years. I understand that my

failure to sign this certificate invalidates my ballot.

(Voter's Signature) .................................

(Address) ...........................................

(City/State) ........................................

(j) Challenges.--A challenged voter shall vote a provisional

ballot. The judge of elections and the minority and majority

inspectors shall review the ballot and decide the validity of

the ballot by majority vote.

(k) Returns.--The canvass of returns for ballots cast under

this section shall be substantially the same as votes cast by

qualified electors in election districts.

Section 8. Title 25 is amended by adding chapters 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.

20190HB1560PN1978 - 49 -

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

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

20190HB1560PN1978 - 50 -

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.

(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

20190HB1560PN1978 - 51 -

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,

2019, who did not provide personal identification information

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

20190HB1560PN1978 - 52 -

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

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

20190HB1560PN1978 - 53 -

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

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

20190HB1560PN1978 - 54 -

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

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 publicly accessible 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, 2019, 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

20190HB1560PN1978 - 55 -

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

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

20190HB1560PN1978 - 56 -

"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

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

20190HB1560PN1978 - 57 -

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

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

20190HB1560PN1978 - 58 -

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

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

20190HB1560PN1978 - 59 -

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

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

20190HB1560PN1978 - 60 -

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

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

20190HB1560PN1978 - 61 -

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

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

20190HB1560PN1978 - 62 -

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

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.

20190HB1560PN1978 - 63 -

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.

(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

20190HB1560PN1978 - 64 -

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

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

20190HB1560PN1978 - 65 -

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

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

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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

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.

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(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:

(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.

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(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.

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.

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§ 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

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

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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

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

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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

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.

CHAPTER 37

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VOTER EDUCATION

Sec.

3701. Definitions.

3702. Notice of enacted changes to law.

3703. Voter education plan.

§ 3701. 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:

"Demographic group." Each group which section 2 of the

Voting Rights Act of 1965 (Public Law 89-110, 52 U.S.C. § 10301

et seq.), protects from the denial or abridgment of the right to

vote on account of race or color, or in contravention of the

guarantees set forth in section 4(f)(2) of that act.

§ 3702. Notice of enacted changes to law.

(a) Duty to provide notice.--

(1) If the Commonwealth or a political subdivision of

the Commonwealth makes a change in a prerequisite to voting

or standard, practice or procedure affecting voting in an

election that will result in the prerequisite, standard,

practice or procedure being different from the prior

election, the Commonwealth or political subdivision shall

provide reasonable public notice in the Commonwealth or

political subdivision and on the Internet in a reasonably

convenient and accessible format.

(2) The notice shall contain a concise description of

the change, including the difference between the changed

prerequisite, standard, practice or procedure and the

prerequisite, standard, practice or procedure that was

previously in effect.

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(3) The Commonwealth or political subdivision shall

provide the public notice required under paragraph (1) not

later than 48 hours after making the change involved. If the

change occurs fewer than 48 hours before the date of the

election, public notice shall be made as soon as practicable

after the change occurs.

(b) Types of changes.--The types of changes that require

public notice include changes in:

(1) Polling place names, numbers, locations or changes

affecting out-of-precinct voting.

(2) Resources assigned to each polling place, including

number of voting machines, number of volunteer workers and

number of paid workers.

(3) Days and hours of voting, including access to

evening and weekend voting.

(4) Voter identification or verification requirements at

the polls.

(5) Changes to voter registration or verification

requirements, including the ability to register and update

registration at the polls.

(6) Voter challenge procedures.

(7) Absentee and provisional ballot procedures.

(8) Voter assistance rules and procedures.

(9) Changes to the method of election to add seats

elected at-large or to change one or more seats elected by

single-member seats.

(10) Reductions in the kind or type of voting materials

that are provided in a language other than English or changes

to the manner in which such materials are provided or

distributed.

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(11) Any changes to the boundaries of a jurisdiction

that reduces by three or more percentage points the

proportion of the jurisdiction's voting-age population that

is comprised of members of a single racial or language

minority group in the jurisdiction.

(12) Changes to list maintenance requirements or

procedures.

(1) Not later than 10 days after making any change in

the constituency that will participate in an election for

Federal, State or local office or the boundaries of an

electoral district in an election for Federal, State or local

office, including redistricting, reapportionment or changing

from at-large elections to district-based elections, the

Commonwealth or political subdivision shall provide

reasonable public notice of the demographic and electoral

data for each of the geographic areas.

(2) The geographic areas shall consist of:

(i) The Commonwealth as a whole, if the change

applies Statewide, or the political subdivision as a

whole, if the change applies across the entire political

subdivision.

(ii) If the change includes a plan to replace or

eliminate voting units or electoral districts, each

voting unit or electoral district that will be replaced

or eliminated.

(iii) If the change includes a plan to establish new

voting units or electoral districts, each such new voting

unit or electoral district.

(3) The demographic and electoral data with respect to a

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geographic area shall consist of:

(i) The voting age population, broken down by

demographic group.

(ii) If it is reasonably available to the

Commonwealth or political subdivision involved, an

estimate of the population of the area that consists of

citizens of the United States who are 18 years of age or

older, itemized by demographic group.

(iii) The number of registered voters, itemized by

demographic group if the itemization is reasonably

available to the Commonwealth or political subdivision.

(iv) The actual number of votes or, if it is not

reasonably practicable for the Commonwealth or political

subdivision to ascertain the actual number of votes, the

estimated number of votes received by each candidate in

each Statewide election and, if the change applies to

only one political subdivision, in each subdivision-wide

election held during the five-year period which ends on

the date the change involved is made.

(4) Compliance with this subsection shall be voluntary

for a political subdivision unless the political subdivision

is one of the following:

(i) A county of any class.

(ii) A governmental unit with a population greater

than 10,000, as determined under the most recent

decennial census.

(iii) A school district with a population greater

than 10,000, as determined under the most recent

decennial census.

(5) The secretary may issue rules specifying a

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reasonably convenient and accessible format that the

Commonwealth and political subdivisions shall use to provide

public notice of information under this section.

(d) Construction.--Nothing in this section shall be

construed to deny or abridge the right to vote of any person

because the person failed to comply with a change made by the

Commonwealth or political subdivision, if the Commonwealth or

political subdivision involved did not meet the applicable

requirements of this section.

§ 3703. Voter education plan.

(a) Duty of secretary.--The secretary shall, in consultation

with community organizations and local election administrators,

develop and implement a voter education plan for fully educating

the public about a new registration or voting change as

described in section 3702(b) (relating to n otice of enacted

changes to law ).

(b) Multilingual materials.--All materials used in the plan

shall be written in consultation with literacy experts and, in a

political subdivision where a language minority exceeds 3% of

the population, the materials shall be provided in all

applicable languages.

shall include the following:

(1) Mailings to all known citizens.

(2) Educational brochures and fliers to be made

available for dissemination by local elections officials,

community organizations, civic groups, religious

institutions, institutions of higher education and political

parties.

(3) Newspaper, radio and television advertisements,

20190HB1560PN1978 - 77 -

including ethnic media and outlets with wide public reach.

(4) Social media.

(5) E-mails to voters with known e-mail addresses.

(6) An informational section on the publicly accessible

Internet website of the Department of State, including new

laws and regulations, copies of the mailers, brochures and

other educational materials. The materials shall be available

to download and provided in the languages as required under

subsection (b).

(d) School preregistration.--With respect to preregistration

in particular, the secretary shall, in consultation with

secondary schools, school boards, parents and local

administrators, develop and implement an education plan

regarding preregistration in schools.

Section 9. 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

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 10. This act shall take effect in 60 days.

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