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PRINTER'S NO. 2467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1809
Session of
2019
INTRODUCED BY RIGBY, RYAN, ULLMAN, FREEMAN, DUNBAR, ZABEL,
JAMES, HELM, BERNSTINE, SCHMITT AND CIRESI,
SEPTEMBER 16, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 16, 2019
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in voting by qualified absentee electors, further
providing for assistance in voting by certain absentee
electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1306.1 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 1306.1. Assistance in Voting by Certain Absentee
Electors.--
Any elector qualified to vote an official absentee ballot in
accordance with the provisions of section 1301, subsection (k),
may receive assistance in voting (1) if there is recorded on his
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registration card his declaration that he has a physical
disability which renders him unable to see or mark the official
absentee ballot, the exact nature of such disability being
recorded on such registration card; (2) if such elector
requiring assistance submits with his application for an
official absentee ballot, a statement setting forth the precise
nature of the disability which renders him unable to see or mark
the official absentee ballot and that to the best of his
knowledge and belief he will still suffer from the said physical
disability at the time of voting his official absentee ballot.
[He shall acknowledge the same before an officer qualified to
take acknowledgment of deeds. Such statement shall be in
substantially the following form:
Statement of Absentee Elector Requiring Assistance
I, ............................................, hereby state
(Name of voter requiring assistance)
that I require assistance in marking the official absentee
ballot for the primary or election held ..................,
(Date)
19..., that will be issued to me for the following reason:
..........................................................
(Insert nature of disability)
...........................................
(Signature or mark of elector)
...................................
(Date of signature or mark)
Commonwealth of Pennsylvania:
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ss
County of ..................:
On this..........day of.........., 19...., before me,
...................., the undersigned officer personally
appeared......................., known to me (or satisfactorily
proven) to be the person whose signature or mark appears on the
within instrument and acknowledged the same for the purposes
therein contained.
In witness whereof, I have hereunto set my hand and official
seal
.........................
(Title of Officer)]
The elector's statement must be made on a form approved by the
Secretary of the Commonwealth and subject to the penalties under
18 Pa.C.S. ยง 4904 (relating to unsworn falsification to
authorities).
Upon receipt of the official absentee ballot, such elector
requiring assistance may select a person to assist him in
voting, such assistance to be rendered in secret: Provided,
however, That the person rendering assistance may not be the
elector's employer or an agent of the employer or an officer or
agent of the elector's union. The person rendering the
assistance in voting shall complete, date and sign the
declaration in such form approved by the Secretary of the
Commonwealth, or substantially in the form as set forth below,
that the person has caused the elector's ballot to be marked in
accordance with such elector's desires and instruction. Such
declaration form shall be returned to the county board of
elections in the mailing envelope addressed to the county board
of elections within which the small "official absentee ballot"
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is returned.
Declaration of Person Rendering Assistance
I, ..........................................,
(Name of Person rendering assistance)
hereby declare that I have witnessed the aforesaid elector's
signature or mark and that I have caused the aforesaid elector's
ballot to be marked in accordance with the desires and
instructions of the aforesaid elector.
...............................................
(Signature of Person Rendering Assistance)
...............................................
(Address)
Section 2. The amendment of section 1306.1 of the act shall
apply to any primary or election held 60 days after the
effective date of this act.
Section 3. This act shall take effect immediately.
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