Regular Session 2019-2020 House Bill 2954 P.N. 4588

PRINTER'S NO. 4588

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2954

Session of

2020

INTRODUCED BY BOYLE, OCTOBER 27, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 27, 2020

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 preparation for and conduct of primaries and

elections, further providing for manner of applying to vote,

persons entitled to vote, voter's certificates, entries to be

made in district register, numbered lists of voters and

challenges; in voting by qualified absentee electors, further

providing for date of application for absentee ballot, for

envelopes for official absentee ballots, for voting by

absentee electors, for certain electors voting in districts

of residence and for canvassing of official absentee ballots

and mail-in ballots; in voting by qualified mail-in electors,

further providing for envelopes for official mail in ballots

and for voting by mail-in electors; and, in penalties,

further providing for forging and destroying ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1210(a.4)(3) and (5)(ii)(C) and

1302.1(a.3)(4) and (6) of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, amended

October 31, 2019 (P.L.552, No.77), are amended to read:

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(a.4) * * *

(3) After the provisional ballot has been cast, the

individual shall place it in [a secrecy envelope. The individual

shall place the secrecy envelope in] the provisional ballot

envelope and shall place his signature on the front of the

provisional ballot envelope. All provisional ballots shall

remain sealed in their provisional ballot envelopes for return

to the county board of elections.

* * *

(5) * * *

(ii) A provisional ballot shall not be counted if:

* * *

[(C) a provisional ballot envelope does not contain a

secrecy envelope;]

* * *

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

* *

(a.3) * * *

(4) If the elector is unable to appear at the office of the

county board of elections to receive the ballot, the 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 completed absentee

ballot, sealed in the official absentee ballot [envelopes]

envelope, to the office of the county board of elections, which

shall retain the ballot, unopened, until the canvassing of all

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absentee ballots.

* * *

(6) If the elector is unable to appear 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 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]

envelope, to the county board of elections. 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.

* * *

Section 2. Sections 1304 and 1306(a) introductory paragraph

of the act, amended March 27, 2020 (P.L.41, No.12), are amended

to read:

Section 1304. Envelopes for Official Absentee Ballots.--

The county boards of election shall provide [two additional

envelopes] an envelope for each official absentee ballot of such

size and shape as shall be prescribed by the Secretary of the

Commonwealth, in order to permit the placing of [one within the

other and both within] the absentee ballot in the mailing

envelope. [On the smaller of the two envelopes to be enclosed in

the mailing envelope shall be printed, stamped or endorsed the

words "Official Election Ballot," and nothing else.] On the

[larger of the two envelopes, to be enclosed within the] mailing

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envelope, shall be printed the form of the declaration of the

elector, and the name and address of the county board of

election of the proper county. The [larger] envelope shall also

contain information indicating the local election district of

the absentee voter. Said form of declaration and envelope shall

be as prescribed by the Secretary of the Commonwealth and shall

contain among other things a statement of the electors

qualifications, together with a statement that such elector has

not already voted in such primary or election. The mailing

envelope addressed to the elector shall contain the [two

envelopes] envelope, the official absentee ballot, lists of

candidates, when authorized by section 1303 subsection (b) of

this act, the uniform instructions in form and substance as

prescribed by the Secretary of the Commonwealth and nothing

else.

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

provided in paragraphs (2) and (3), at any time after receiving

an official absentee ballot, but on or before 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 Election Ballot." This 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] The elector may

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not place any extraneous text, mark or symbol which reveals the

elector's political affiliation or the elector's candidate

preference on the mailing envelope. The elector shall send same

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

person to said county board of election.

* * *

Section 3. Section 1307(c) of the act is amended to read:

Section 1307. Certain Electors Voting in Districts of

Residence.--

* * *

[envelopes] envelope therefor, he shall, in secret, in the

office of the county board of elections vote the ballot and

execute the declaration as prescribed by this act. The elector

shall then securely seal the [second] envelope and hand it to

the chief clerk of the county board of election who shall

securely keep same in accordance with the provisions of section

1308.

Section 4. Sections 1308(a) and (g)(4)(ii) and (iii), 1304-D

heading, (a) and (c) and 1306-D(a) of the act, amended or added

October 31, 2019 (P.L.552, No.77) and March 27, 2020 (P.L.41,

No.12), are amended to read:

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--(a) The county boards of election, upon

receipt of official absentee ballots in sealed official absentee

ballot [envelopes] envelope as provided under this article and

mail-in ballots as in sealed official mail-in ballot [envelopes]

envelope as provided under Article XIII-D, shall safely keep the

ballots in sealed or locked containers until they are to be

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

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

regular or emergency application period, shall be canvassed in

accordance with subsection (g). A mail-in ballot shall be

canvassed in accordance with subsection (g).

* * *

(g) * * *

(4) All absentee ballots which have not been challenged

under section 1302.2(c) and all mail-in ballots which have not

been challenged under section 1302.2-D(a)(2) and that have been

verified under paragraph (3) shall be counted and included with

the returns of the applicable election district as follows:

* * *

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

or endorsed the words "Official Election Ballot" contain any

text, mark or symbol which reveals the identity of the elector,

the elector's political affiliation or the elector's candidate

preference, 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 count, compute and tally the

votes.

* * *

Section 1304-D. [Envelopes] Envelope for official mail-in

ballots.

(a) [Additional envelopes] Envelope.--The county boards of

election shall provide [two additional envelopes] an envelope

for each official mail-in ballot of a size and shape as shall be

prescribed by the Secretary of the Commonwealth, in order to

permit the placing of one within the other and both within the

mailing envelope. [On the smaller of the two envelopes to be

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enclosed in the mailing envelope shall be printed, stamped or

endorsed the words "Official Election Ballot," and nothing

else.] On the [larger of the two envelopes, to be enclosed

within the mailing] envelope[,] shall be printed the form of the

declaration of the elector and the name and address of the

county board of election of the proper county. The larger

envelope shall also contain information indicating the local

election district of the mail-in voter.

* * *

elector shall contain [the two envelopes] an envelope, the

official mail-in ballot, lists of candidates, when authorized by

section 1303-D(b), the uniform instructions in form and

substance as prescribed by the Secretary of the Commonwealth and

nothing else.

* * *

Section 1306-D. Voting by mail-in electors.

(a) General rule.--At any time after receiving an official

mail-in ballot, but on or before eight o'clock P.M. the day of

the primary or election, the mail-in 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 Election Ballot." This 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. The elector may not place

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any extraneous text, mark or symbol which reveals the elector's

political affiliation or the elector's candidate preference on

the mailing 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.

* * *

Section 5. Section 1817 of the act is amended to read:

Section 1817. Forging and Destroying Ballots or Ballot

Envelope.--Any person who shall forge or falsely make the

official endorsement on any ballot or wilfully destroy or deface

any ballot or ballot envelope or wilfully delay the delivery of

any ballots shall be guilty of a misdemeanor of the second

degree, and, upon conviction thereof, shall be sentenced to pay

a fine not exceeding five thousand ($5,000) dollars, or to

undergo an imprisonment of not more than two (2) years, or both,

in the discretion of the court.

Section 6. This act shall take effect immediately.

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