Regular Session 2019-2020 House Bill 1783 P.N. 2373

PRINTER'S NO. 2373

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1783

Session of

2019

INTRODUCED BY DiGIROLAMO, MURT, DONATUCCI, CALTAGIRONE, DERMODY,

ZABEL, NEILSON, SCHLOSSBERG, WILLIAMS, HOWARD, HARKINS AND

DeLUCA, AUGUST 30, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 30, 2019

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," providing for voting systems bonds; establishing

the County Voting System Reimbursement Account; and, in

voting by qualified absentee electors, further providing for

date of application for absentee ballot, for approval of

application for absentee ballot, for voting by absentee

electors and for canvassing of official absentee ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, is amended by adding articles

to read:

ARTICLE XI-B

(RESERVED)

ARTICLE XI-C

VOTING SYSTEMS BONDS

Section 1101-C. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Account." The County Voting System Reimbursement Account

established under section 1106-C.

"Authority." The Pennsylvania Economic Development Financing

Authority.

"Bond." Any type of revenue obligation, including a bond or

series of bonds, note, certificate or other instrument, issued

by the authority for the benefit of the department under this

article.

"Bond administrative expenses." Expenses incurred to

administer bonds as provided under the Financing Law, or as

otherwise necessary to ensure compliance with applicable Federal

or State law.

"Bond obligations." The principal of a bond and any premium

and interest payable on a bond, together with any amount owed

under a related credit agreement or a related resolution of the

authority authorizing a bond.

"Credit agreement." A loan agreement, a revolving credit

agreement, an agreement establishing a line of credit, a letter

of credit or another agreement that enhances the marketability,

security or creditworthiness of a bond.

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

"Electronic voting system." As defined in section 1101-A.

"Financing Law." The act of August 23, 1967 (P.L.251,

No.102), known as the Economic Development Financing Law.

"Voting apparatus." A kind or type of electronic voting

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system that received the approval of the Secretary of the

Commonwealth under section 1105-A.

Section 1102-C. Bond issuance.

(a) Declaration of policy.--The General Assembly finds and

declares that funding the replacement of voting apparatuses,

including interest, through the authority, is in the best

interest of this Commonwealth.

(b) Authority.--Notwithstanding any other law, the following

shall apply:

(1) The department may be a project applicant under the

Financing Law and may apply to the authority for the funding

of the replacement of voting apparatuses.

(2) The authority may issue bonds under the Financing

Law, consistent with this article, to finance a project to

fund the replacement of county voting apparatuses or to

reimburse counties for their cost to purchase voting

apparatuses.

(3) Participation of an industrial and commercial

development authority shall not be required to finance the

replacement of voting apparatuses.

(1) Bonds issued under this article shall not be a debt

or liability of the Commonwealth and shall not create or

constitute any indebtedness, liability or obligation of the

Commonwealth.

(2) Bond obligations and bond administrative expenses

shall be payable solely from revenues or money pledged or

available for repayment as authorized under this article.

This paragraph shall include the proceeds of any issuance of

bonds.

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(3) Each bond shall contain on its face a statement

that:

(i) the authority is obligated to pay the principal

or interest on the bonds only from the revenues or money

pledged or available for repayment as authorized under

this article;

(ii) neither the Commonwealth nor a county is

obligated to pay the principal or interest; and

(iii) the full faith and credit of the Commonwealth

or any county is not pledged to the payment of the

principal of or the interest on the bonds.

Section 1103-C. Criteria for bond issuance.

(a) Determination.--If the department decertifies a voting

apparatus in this Commonwealth that is in use in a county, the

department shall apply to the authority to issue bonds for

reimbursements to the county for the cost of procuring a new

voting apparatus.

(b) Terms.--

(1) The department, with the approval of the Office of

the Budget, shall specify in its application to the

authority:

(i) the maximum principal amount of the bonds for

each separate bond issue; and

(ii) the maximum term of the bonds consistent with

applicable law.

(2) The total principal amount of bonds outstanding

under this article for all bond issues may not exceed

$90,000,000.

(3) The term of the bonds issued under this article may

not exceed 10 years.

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Section 1104-C. Issuance of bonds and security.

(a) Issuance.--The authority shall consider issuance of

bonds upon application by the department. Bonds issued under

this article shall be subject to the provisions of the Financing

Law, unless otherwise specified under this article.

(b) Service agreement authorized.--The authority and the

department may enter into an agreement or service agreement to

effectuate this article, including an agreement to secure bonds

issued for the purposes under section 1102-C(b), pursuant to

which the department shall agree to pay the bond obligations and

bond administrative expenses to the authority in each fiscal

year that the bonds or refunding bonds are outstanding in

amounts sufficient to timely pay in full the debt service and

any other financing costs due on the bonds issued for the

purposes under section 1102-C(b). The department's payment of

the service charges shall be subject to and dependent upon the

appropriation of funds by the General Assembly to the department

for payment of the service charges. The service agreement may be

amended or supplemented by the authority and the department in

connection with the issuance of any series of bonds or refunding

bonds authorized under this section.

expenses are secured, for the benefit of the holders of the

bonds and the obligees under credit agreements or the agreements

under subsection (b), by pledge of a security interest in and

first lien on the following:

(1) Money deposited into the account, including

investment income on money in the account.

(2) Money relating to the bonds held on deposit in any

other fund or account under an instrument or agreement

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pertaining to the bonds, including bond reserves and interest

income on the money.

(3) The security provided under this subsection shall

not apply to money in any fund relating to arbitrage rebate

obligations.

Section 1105-C. Sale of bonds.

The authority shall offer the bonds for sale by means of a

public, competitive sale or by means of a negotiated sale based

on the authority's determination of which method will produce

the most benefit to counties and the Commonwealth.

Section 1106-C. Deposit of bond proceeds.

The net proceeds of bonds, other than refunding bonds,

exclusive of costs of issuance, reserves and any other financing

charges, shall be transferred by the authority to the State

Treasurer for deposit into a restricted account established in

the State Treasury and held solely for the purposes under

section 1102-C(b) to be known as the County Voting System

Reimbursement Account. The department shall pay out the bond

proceeds to the counties from the account in accordance with

this article.

Section 1107-C. Payment of bond-related obligations.

For each fiscal year in which bond obligations and bond

administrative expenses will be due, the authority shall notify

the department of the amount of bond obligations and the

estimated amount of bond administrative expenses in sufficient

time, as determined by the department, to permit the department

to request an appropriation sufficient to pay bond obligations

and bond administrative expenses that will be due and payable in

the following fiscal year. The authority's calculation of the

amount of bond obligations and bond administrative expenses that

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will be due shall be subject to verification by the department.

Section 1108-C. Commonwealth not to impair bond-related

obligations.

The Commonwealth pledges that it shall not do any of the

following:

(1) Limit or alter the rights and responsibilities of

the authority or the department under this article, including

the responsibility to:

(i) pay bond obligations and bond administrative

expenses; and

(ii) comply with any other instrument or agreement

pertaining to bonds.

(2) Alter or limit the service agreement under section

1104-C(b).

(3) Impair the rights and remedies of the holders of

bonds, until each bond issued at any time and the interest on

the bond, are fully met and discharged.

Section 1109-C. (Reserved).

Section 1110-C. Personal liability.

The members, directors, officers and employees of the

department and the authority shall not be personally liable as a

result of good faith exercise of the rights and responsibilities

granted under this article.

Section 1111-C. Annual report.

No later than March 1 of the year following the first full

year in which bonds have been issued under this article and for

each year thereafter in which bond obligations existed in the

prior year, the department shall submit an annual report to the

chair and minority chair of the State Government Committee of

the Senate and to the chair and minority chair of the State

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Government Committee of the House of Representatives providing

all data available on bonds issued or existing in the prior

year. The report shall include existing and anticipated bond

principal, interest and administrative costs, revenue,

repayments, refinancing, overall benefits to counties and any

other relevant data, facts and statistics that the department

believes necessary in the content of the report.

Section 1112-C. Reimbursement of county voting apparatus

expenses.

(a) Application.--A county may apply to the department to

receive funding to replace the county's voting apparatuses or to

reimburse the county's cost to purchase voting apparatuses. Each

county shall submit an application for funding on a form

containing information and documentation prescribed by the

department no later than December 31, 2019.

(b) Documentation for prior purchase.--If a county seeks

reimbursement of the county's cost to purchase a voting

apparatus that the county purchased before the date that the

county submits its application to the department, the county's

application shall include documentation prescribed by the

department to substantiate the county's cost to purchase the

voting apparatus, including copies of fully executed voting

apparatus contracts, invoices and proof of payment to the vendor

of the voting apparatus.

seeks funding to purchase a voting apparatus that the county

will purchase after the date that the county submits its

application to the department, the county's application shall

include documentation prescribed by the department to

substantiate the county's estimate to purchase the voting

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apparatus including copies of fully executed voting apparatus

contracts, bids or price quotes submitted to the county by

voting apparatus vendors and other price estimates or cost

proposals.

(d) Review.--The department shall review each county

application on a rolling basis and shall either approve or deny

each county's application within 90 days of the date the

application is received by the department. A county may

supplement or amend submitted applications during the 90-day

review period in consultation with the department.

(e) Approval for prior purchase.--If the department approves

a county's application submitted under subsection (b), the

department and the county shall enter into a written grant

agreement through which the department shall reimburse the

county at the amount approved by the department.

(f) Approval for subsequent purchase.--If the department

approves a county's application under subsection (c), the

department and the county shall enter into a written grant

agreement through which the department will provide funding to

reimburse the county's cost to purchase a voting apparatus at

the amount approved by the department. The county shall hold the

grant money in an account of the county that is separate from

each other county account. The county shall deliver quarterly

reports to the department of the voting apparatus costs paid

from the grant money in a form prescribed by the department. The

county shall return any unspent grant money to the department

within 30 days of the expiration of the grant agreement.

(g) Payments.--

(1) A county shall only receive grant payments under

this section to the extent that the department has bond

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proceeds available in the account from which to make

payments.

(2) A county may not receive amounts greater than 60% of

the total cost to purchase a voting apparatus.

(3) If the total amount of costs incurred to purchase

voting apparatuses under subsections (b) and (c) exceeds the

total amount available, then each county shall receive a pro

rata amount of the total amount available.

(h) Certification.--For each year in which a county is

eligible to receive reimbursement or funding under this article,

a county shall only receive the reimbursement or funding after

making a certification to the department, the President pro

tempore of the Senate, the Speaker of the House of

Representatives, the Minority Leader of the Senate, the Minority

Leader of the House of Representatives, the chair and minority

chair of the Appropriations Committee of the Senate, the chair

and minority chair of the Appropriations Committee of the House

of Representatives, the chair and minority chair of the State

Government Committee of the Senate and the chair and minority

chair of the State Government Committee of the House of

Representatives that the county has completed a program under 25

Pa.C.S. § 1901(b)(1) (relating to removal of electors) and

mailed notices required under 25 Pa.C.S. § 1901(b)(3) within the

prior 12 months. The certification shall include information on

whether the county has undertaken a canvass under 25 Pa.C.S. §

1901(b)(2).

(i) Department application.--The department shall apply to

the authority for funding under section 1102-C only if the

department has approved county applications under this article

which total at least $50,000,000.

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Section 2. Sections 1302.1 and 1302.2 of the act are amended

to read:

Section 1302.1. Date of Application for Absentee Ballot.--

(a) Except as provided in subsections (a.1) and (a.2),

applications for absentee ballots shall be received in the

office of the county board of elections not earlier than fifty

(50) days before the primary or election [and], except that if a

county board of elections determines that it would be desirable

and consistent with its operational needs, any applications for

absentee ballots received more than fifty (50) days before the

primary or election may be processed before that time.

Applications for absentee ballots may be processed if received

not later than five o'clock P.M. of the first Tuesday prior to

the day of any primary or election.

[(a.1) Except as provided in subsection (a.2), in the event

any elector otherwise qualified who is so physically disabled or

ill on or before the first Tuesday prior to any primary or

election that he is unable to file his application or who

becomes physically disabled or ill after the first Tuesday prior

to any primary or election and is unable to appear at his

polling place or any elector otherwise qualified who because of

the conduct of his business, duties or occupation will

necessarily be absent from the municipality of his residence on

the day of the primary or election, which fact was not and could

not reasonably be known to said elector on or before the first

Tuesday prior to any primary or election, the elector shall be

entitled to an absentee ballot at any time prior to five o'clock

P.M. on the first Friday preceding any primary or election upon

execution of an Emergency Application in such form prescribed by

the Secretary of the Commonwealth.

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(a.2) In the event any elector otherwise qualified who

becomes so physically disabled or ill between five o'clock P.M.

on the first Friday preceding any primary or election and eight

o'clock P.M. on the day of any primary or election that he is

unable to appear at his polling place or any elector otherwise

qualified who because of the conduct of his business, duties or

occupation will necessarily be absent from the municipality of

his residence on the day of the primary or election, which fact

was not and could not reasonably be known to said elector prior

to five o'clock P.M. on the first Friday preceding any primary

or election, the elector shall be entitled to an absentee ballot

if the elector completes and files with the court of common

pleas in the county in which the elector is qualified to vote an

Emergency Application or a letter or other signed document,

which includes the same information as is provided on the

Emergency Application. Upon a determination that the elector is

a qualified absentee elector under section 1301, the judge shall

issue an absentee ballot to the elector.]

(a.3) (1) The following categories of electors may apply

for an absentee ballot under this subsection, if otherwise

qualified:

(i) An elector whose physical disability or illness

prevented the elector from applying for an absentee ballot

before five o'clock P.M. on the first Tuesday prior to the day

of the primary or election.

(ii) An elector who, because of the elector's business,

duties or occupation, was unable to apply for an absentee ballot

before five o'clock P.M. on the first Tuesday prior to the day

of the primary or election.

(iii) An elector who becomes so physically disabled or ill

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after five o'clock P.M. on the first Tuesday prior to the day of

the primary or election that the elector is unable to appear at

the polling place on the day of the primary or election.

(iv) An elector who, because of the conduct of the elector's

business, duties or occupation, will necessarily be absent from

the elector's municipality of residence on the day of the

primary or election, which fact was not and could not reasonably

be known to the elector on or before five o'clock P.M. on the

first Tuesday prior to the day of the primary or election.

(2) An elector described in paragraph (1) may submit an

application for an absentee ballot at any time up until the time

of the closing of the polls on the day of the primary or

election. The application shall include a declaration describing

the circumstances that prevented the elector from applying for

an absentee ballot before five o'clock P.M. on the first Tuesday

prior to the day of the primary or election or that prevent the

elector from appearing at the polling place on the day of the

primary or election, and the elector's qualifications under

paragraph (1). The declaration shall be made subject to the

provisions of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities).

(3) If the county board of elections determines that the

elector meets the requirements of this section, the board shall

issue an absentee ballot to the elector.

(4) If the elector is unable to appear [in court] at the

office of the county board of elections to receive the ballot,

the [judge] board shall give the elector's absentee ballot to an

authorized representative of the elector who is designated in

writing by the elector. The authorized representative shall

deliver the absentee ballot to the elector and return the

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completed absentee ballot, sealed in the official absentee

ballot envelopes, to the office of the county board of

elections, [who] which shall [distribute] retain the ballot,

unopened, [to the absentee voter's election district] until the

canvassing of all absentee ballots.

(5) If the elector is unable to appear [in court] at the

office of the county board of elections or unable to obtain

assistance from an authorized representative, the county board

may provide an authorized representative or ask the judge

[shall] of the court of common pleas in the county in which the

elector is qualified to vote to direct a deputy sheriff of the

county to deliver the absentee ballot to the elector if the

elector is at a physical location within the county and return

the completed absentee ballot, sealed in the official absentee

ballot envelopes, to the county board of elections[, who shall

distribute the ballots, unopened, to the absentee voter's

respective election district]. If there is no authorized

representative and a deputy sheriff is unavailable to deliver an

absentee ballot under this section, the judge may direct a

constable to make such delivery in accordance with the

provisions of this section.

(6) In the case of an elector who requires assistance in

marking the elector's ballot, the elector shall designate in

writing the person who will assist in marking the ballot. Such

person shall be otherwise eligible to provide assistance to

electors eligible for assistance, and such person shall declare

in writing that assistance was rendered. Any person other than

the designee who shall render assistance in marking a ballot or

any person rendering assistance who shall fail to execute a

declaration shall be guilty of a violation of this act.

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(7) No absentee ballot under this subsection shall be

counted which is received in the office of the county board of

elections later than [eight o'clock P.M. on the day of the

primary or election] the deadline for its receipt as provided in

section 1308(g).

(b) In the case of an elector whose application for an

absentee ballot is received by the office of the county board of

elections earlier than fifty (50) days before the primary or

election, the application shall be held and processed upon

commencement of the fifty-day period or at such earlier time as

the county board of elections determines may be appropriate.

[(c) In the case of an elector who is physically disabled or

ill on or before the first Tuesday prior to a primary or

election or becomes physically disabled or ill after the first

Tuesday prior to a primary or election, such Emergency

Application, letter or other signed document shall contain a

supporting affidavit from his attending physician stating that

due to physical disability or illness said elector was unable to

apply for an absentee ballot on or before the first Tuesday

prior to the primary or election or became physically disabled

or ill after that period.

(d) In the case of an elector who is necessarily absent

because of the conduct of his business, duties or occupation

under the unforeseen circumstances specified in subsections

(a.1) and (a.2), such Emergency Application, letter or other

signed document shall contain a supporting affidavit from such

elector stating that because of the conduct of his business,

duties or occupation said elector will necessarily be absent

from the municipality of his residence on the day of the primary

or election which fact was not and could not reasonably be known

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to said elector on or before the first Tuesday prior to the

primary or election.]

Section 1302.2. Approval of Application for Absentee

Ballot.--

(a) The county board of elections, upon receipt of any

application filed by a qualified elector not required to be

registered under preceding section 1301, shall ascertain from

the information on such application, district register or from

any other source that such applicant possesses all the

qualifications of a qualified elector other than being

registered or enrolled. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked approved such approval decision

shall be final and binding except that challenges may be made

only on the ground that the applicant did not possess

qualifications of an absentee elector. Such challenges must be

made to the county board of elections prior to [5:00 o'clock

P.M. on the first Friday prior to the election] the applicable

deadline for the absentee ballots to be received, as provided in

section 1308(g). When so approved, the county board of elections

shall cause the applicant's name and residence (and at a

primary, the party enrollment) to be inserted in the Military,

Veterans and Emergency Civilians Absentee Voters File as

provided in section 1302.3, subsection (b): Providing, however,

That no application of any qualified elector in military service

shall be rejected for failure to include on [his] the elector's

application any information if such information may be

ascertained within a reasonable time by the county board of

elections.

(b) The county board of elections, upon receipt of any

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application filed by a qualified elector who is entitled, under

the provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting as

provided under preceding section 1301, shall ascertain from the

information on such application or from any other source that

such applicant possesses all the qualifications of a qualified

elector. If the board is satisfied that the applicant is

entitled, under the provisions of the Permanent Registration Law

as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting and that the applicant is qualified to receive an

official absentee ballot, the application shall be marked

"approved." Such approval decision shall be final and binding

except that challenges may be made only on the ground that the

applicant did not possess the qualifications of an absentee

elector prior to or concurrently with the time of voting. Such

challenges must be made to the county board of elections prior

to [5:00 o'clock P.M. on the first Friday prior to the election]

the applicable deadline for the absentee ballots to be received,

as provided in section 1308(g). When so approved, the county

board of elections shall cause the applicant's name and

residence (and at a primary, the party enrollment) to be

inserted in the Military, Veterans and Emergency Civilian

Absentee Voters File as provided in section 1302.3 subsection

(b).

application of a qualified elector required to be registered

under the provisions of preceding section 1301, shall determine

the qualifications of such applicant by verifying the proof of

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identification and comparing the information set forth on such

application with the information contained on the applicant's

permanent registration card. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked "approved." Such approval

decision shall be final and binding, except that challenges may

be made only on the ground that the applicant did not possess

the qualifications of an absentee elector. Such challenges must

be made to the county board of elections prior to [5:00 o'clock

P.M. on the first Friday prior to the election] the applicable

deadline for the absentee ballots to be received, as provided in

section 1308(g). When so approved, the registration commission

shall cause an absentee voter's temporary registration card to

be inserted in the district register on top of and along with

the permanent registration card. The absentee voter's temporary

registration card shall be in the color and form prescribed in

subsection (e) of this section:

Provided, however, That the duties of the county boards of

elections and the registration commissions with respect to the

insertion of the absentee voter's temporary registration card of

any elector from the district register as set forth in section

1302.2 shall include only such applications and emergency

applications as are received on or before the first Tuesday

prior to the primary or election. In all cases where

applications are received after the first Tuesday prior to the

primary or election and before [five o'clock P. M. on the first

Friday prior to] eight o'clock P.M. on the day of the primary or

election, the county board of elections shall determine the

qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

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application with the information contained on the applicant's

duplicate registration card on file in the General Register

(also referred to as the Master File) in the office of the

Registration Commission and shall cause the name and residence

(and at primaries, the party enrollment) to be inserted in the

Military, Veterans and Emergency Civilian Absentee Voters File

as provided in section 1302.3, subsection (b). [In addition, the

local district boards of elections shall, upon canvassing the

official absentee ballots under section 1308, examine the voting

check list of the election district of said elector's residence

and satisfy itself that such elector did not cast any ballot

other than the one properly issued to him under his absentee

ballot application. In all cases where the examination of the

local district board of elections discloses that an elector did

vote a ballot other than the one properly issued to him under

the absentee ballot application, the local district board of

elections shall thereupon cancel said absentee ballot and said

elector shall be subject to the penalties as hereinafter set

forth.]

(d) In the event that any application for an official

absentee ballot is not approved by the county board of

elections, the elector shall be notified immediately to that

effect with a statement by the county board of the reasons for

the disapproval. For those applicants whose proof of

identification was not provided with the application or could

not be verified by the board, the board shall send notice to the

elector with the absentee ballot requiring the elector to

provide proof of identification with the absentee ballot or the

ballot will not be counted.

(e) [The absentee voter's temporary registration card shall

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be in duplicate and the same size as the permanent registration

card, in a different and contrasting color to the permanent

registration card and shall contain the absentee voter's name

and address and shall conspicuously contain the words "Absentee

Voter." Such card shall also contain the affidavit required by

subsection (b) of section 1306.] The voter's record in the

district register shall contain the words "absentee voter."

(f) Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

Section 3. Section 1306(a)(1) of the act is amended and the

section is amended by adding a subsection to read:

Section 1306. Voting by Absentee Electors.--(a) Except as

provided in paragraphs [(1),] (2) and (3), at any time after

receiving an official absentee ballot, but on or before [five

o'clock P.M. on the Friday prior to] eight o'clock p.m. the day

of the primary or election, the elector shall, in secret,

proceed to mark the ballot only in black lead pencil, indelible

pencil or blue, black or blue-black ink, in fountain pen or ball

point pen, and then fold the ballot, enclose and securely seal

the same in the envelope on which is printed, stamped or

endorsed "Official Absentee Ballot."

(1) [Any elector who submits an Emergency Application and

receives an absentee ballot in accordance with section

1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. This

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envelope shall then be placed in the second one, on which is

printed the form of declaration of the elector, and the address

of the elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.] (Reserved).

* * *

absentee ballot:

(1) an authorized representative designated by the elector

or any other individual authorized to deliver an absentee ballot

to the county board on behalf of the elector under section

1302.1(a.3)(4) or (5) shall deliver the elector's ballot to the

office no later than eight o'clock P.M. on the day of the

primary or election;

(2) an elector who delivers an absentee ballot in person to

the county board of elections shall do so no later than five

o'clock P.M. on the day immediately preceding the primary or

election; and

(3) an elector who mails an absentee ballot shall do so such

that it is postmarked no later than the friday immediately

preceding the primary or election.

(4) When a ballot is presented to a county board of

elections with a postmark that is missing or illegible, the

board may determine that the ballot was timely cast and

submitted if there are other reliable indicia of the date it was

sent. In that case, a board may rely on the date given on the

voter's affidavit or on additional information obtained from the

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United States Postal Service, the foreign postal agency or the

private carrier or courier service through which the ballot was

delivered.

(5) As used in this subsection, "postmark" means the

official cancellation of postage or other indicia, as stamped,

printed or written on the delivery envelope to indicate the date

it was submitted for delivery by the United States Postal

Service, a foreign postal agency or a recognized private common

carrier or courier service.

Section 4. Section 1308(a), (b.1), (e), (f) and (g)(1), (2)

and (4) of the act are amended to read:

Section 1308. Canvassing of Official Absentee Ballots.--(a)

The county boards of election, upon receipt of official absentee

ballots in [such] sealed official absentee ballot envelopes,

shall safely keep the same in sealed or locked containers until

they [distribute same to the appropriate local election

districts in a manner prescribed by the Secretary of the

Commonwealth.

Except as provided in section 1302.1(a.2), the county board

of elections shall then distribute the absentee ballots,

unopened, to the absentee voter's respective election district

concurrently with the distribution of the other election

supplies. Absentee ballots shall be canvassed immediately and

continuously without interruption until completed after the

close of the polls on the day of the election in each election

district. The results of the canvass of the absentee ballots

shall then be included in and returned to the county board with

the returns of that district. Except as provided in section

1302.1(a.2) and subsection (g), no absentee ballot shall be

counted which is received in the office of the county board of

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election later than five o'clock P.M. on the Friday immediately

preceding the primary or November election.] are to be canvassed

by the county board of elections. An absentee ballot, whether

issued to a civilian, military or other voter during the regular

or emergency application period, shall be canvassed in

accordance with subsection (g).

* * *

(b.1) [In all election districts in which electronic voting

systems are used, absentee ballots shall be opened at the

election district, checked for write-in votes in accordance with

section 1113-A and then either hand-counted or counted by means

of the automatic tabulation equipment, whatever the case may

be.] (Reserved).

* * *

(e) [At such time the local election board shall then

further examine the declaration on each envelope not so set

aside and shall compare the information thereon with that

contained in the "Registered Absentee Voters File," the absentee

voters' list and the "Military Veterans and Emergency Civilians

Absentee Voters File." If the local election board is satisfied

that the declaration is sufficient and the information contained

in the "Registered Absentee Voters File," the absentee voters'

list and the "Military Veterans and Emergency Civilians Absentee

Voters File" verifies his right to vote, the local election

board shall announce the name of the elector and shall give any

watcher present an opportunity to challenge any absentee elector

upon the ground or grounds (1) that the absentee elector is not

a qualified elector; or (2) that the absentee elector was within

the municipality of his residence on the day of the primary or

election during the period the polls were open, except where he

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was in military service or except in the case where his ballot

was obtained for the reason that he was unable to appear

personally at the polling place because of illness or physical

disability; or (3) that the absentee elector was able to appear

personally at the polling place on the day of the primary or

election during the period the polls were open in the case his

ballot was obtained for the reason that he was unable to appear

personally at the polling place because of illness or physical

disability. Upon challenge of any absentee elector, as set forth

herein the local election board shall mark "challenged" on the

envelope together with the reason or reasons therefor, and the

same shall be set aside for return to the county board unopened

pending decision by the county board and shall not be counted.

All absentee ballots not challenged for any of the reasons

provided herein shall be counted and included with the general

return of paper ballots or voting machines, as the case may be

as follows. Thereupon, the local election board shall open the

envelope of every unchallenged absentee elector in such manner

as not to destroy the declaration executed thereon. All of such

envelopes on which are printed, stamped or endorsed the words

"Official Absentee Ballot" shall be placed in one or more

depositories at one time and said depository or depositories

well shaken and the envelopes mixed before any envelope is taken

therefrom. If any of these envelopes shall contain any

extraneous marks or identifying symbols other than the words

"Official Absentee Ballot," the envelopes and the ballots

contained therein shall be set aside and declared void. The

local election board shall then break the seals of such

envelopes, remove the ballots and record the votes in the same

manner as district election officers are required to record

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votes. With respect to the challenged ballots, they shall be

returned to the county board with the returns of the local

election district where they shall be placed unopened in a

secure, safe and sealed container in the custody of the county

board until it shall fix a time and place for a formal hearing

of all such challenges and notice shall be given where possible

to all absentee electors thus challenged and to every attorney,

watcher or candidate who made such challenge. The time for the

hearing shall not be later than seven (7) days after the date of

said challenge. On the day fixed for said hearing, the county

board shall proceed without delay to hear said challenges and,

in hearing the testimony, the county board shall not be bound by

technical rules of evidence. The testimony presented shall be

stenographically recorded and made part of the record of the

hearing. The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. Such appeal shall

be taken, within two (2) days after such decision shall have

been made, whether reduced to writing or not, to the court of

common pleas setting forth the objections to the county board's

decision and praying for an order reversing same. Pending the

final determination of all appeals, the county board shall

suspend any action in canvassing and computing all challenged

ballots irrespective of whether or not appeal was taken from the

county board's decision. Upon completion of the computation of

the returns of the county, the votes cast upon the challenged

official absentee ballots shall be added to the other votes cast

within the county.] (Reserved).

(f) Any person challenging an application for an absentee

20190HB1783PN2373 - 25 -

ballot or an absentee ballot for any of the reasons provided in

this act shall deposit the sum of ten dollars ($10.00) in cash

with the [local election] county board, [in cases of challenges

made to the local election board and with the county board in

cases of challenges made to the county board for which he shall

be issued a receipt for each challenge made,] which sum shall

only be refunded if the challenge is sustained or if the

challenge is withdrawn within five (5) days after the primary or

election. If the challenge is dismissed by any lawful order then

the deposit shall be forfeited. [All deposit money received by

the local election board shall be turned over to the county

board simultaneously with the return of the challenged ballots.]

The county board shall deposit all deposit money in the general

fund of the county.

Notice of the requirements of subsection (b) of section 1306

shall be printed on the envelope for the absentee ballot.

(g) (1) (i) An absentee ballot cast by any absentee

elector as defined in section 1301(a), (b), (c), (d), (e), (f),

(g) and (h) [which is received in the office of the county board

of elections after five o'clock P.M. on the Friday immediately

preceding the election and no later than five o'clock P.M. on

the seventh day following an election] shall be canvassed in

accordance with this subsection if [the absentee ballot is

postmarked no later than the day immediately preceding the

election.] the ballot is cast, submitted and received in

accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to

uniform military and overseas voters).

(ii) An absentee ballot cast by any absentee elector as

defined in section 1301(i), (j), (k), (l), (m) and (n) shall be

canvassed in accordance with this subsection if the absentee

20190HB1783PN2373 - 26 -

ballot is received in the office of the county board of

elections:

(A) by hand delivery by an authorized representative

designated by the elector or any other individual authorized to

deliver an absentee ballot on behalf of the elector under

section 1302.1(a.3)(4) or (5) no later than eight o'clock P.M.

on the day of the primary or election;

(B) by hand delivery by the elector no later than five

o'clock P.M. on the day immediately preceding the primary or

election; and

day following the primary or election if the absentee ballot is

postmarked no later than the friday immediately preceding the

primary or election.

(2) The county board of elections shall meet [on the eighth

day following the election to canvass] no earlier than the close

of polls on the day of the election and no later than the third

day following the election to begin canvassing the absentee

ballots received under this subsection and subsection (h)(2).

The canvass shall continue through the eighth day following the

election. One authorized representative of each candidate in an

election and one representative from each political party shall

be permitted to remain in the room in which the absentee ballots

are canvassed. Representatives shall be permitted to challenge

any absentee elector in accordance with the provisions of

paragraph (3).

* * *

(4) All absentee ballots [not], except for ballots

challenged for any of the reasons provided in paragraph (3) and

ballots cast by electors who appear at the polling place on

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election day and vote in person pursuant to section 1306(b),

shall be counted and included with the returns of the applicable

election district as follows[.]:

(i) The county board shall open the envelope of every

unchallenged absentee elector in such manner as not to destroy

the declaration executed thereon.

(ii) If any of the envelopes on which are printed, stamped

or endorsed the words "Official Absentee Ballot" contain any

extraneous marks or identifying symbols, the envelopes and the

ballots contained therein shall be set aside and declared void.

(iii) The county board shall then break the seals of such

envelopes, remove the ballots and record the votes.

* * *

Section 5. The amendment or addition of the following

provisions of the act shall apply to general and municipal

elections occurring after the effective date of this section:

(1) Section 1302.1.

(2) Section 1302.2.

(3) Section 1306(a)(1) and (c).

(4) Section 1308(a), (b.1), (e), (f) and (g)(1),(2) and

(4).

Section 6. This act shall take effect immediately.

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