PRINTER'S NO. 1898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
10
Session of
2020
INTRODUCED BY SCARNATI AND CORMAN, AUGUST 24, 2020
REFERRED TO STATE GOVERNMENT, AUGUST 24, 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 county boards of elections, further providing
for watchers or attorneys at sessions of county board and
candidates may be present; in district election officers,
further providing for qualifications of election officers and
for appointment of watchers; in voting by qualified absentee
electors, further providing for applications for official
absentee ballots, for date of application for absentee
ballot, for official absentee voters ballots and for voting
by absentee electors; and, in voting by qualified mail-in
electors, further providing for applications for official
mail-in ballots, for date of application for mail-in ballot,
for official mail-in elector ballots, for delivering or
mailing ballots and for voting by mail-in electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 310(a), 402(a) and 417(b) of the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, are amended to read:
Section 310. Watchers or Attorneys at Sessions of County
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Board; Candidates May Be Present.--
(a) Any party or political body or body of citizens which
now is, or hereafter may be, entitled to have watchers at any
registration, primary or election, shall also be entitled to
appoint watchers who are qualified electors [of the county], or
attorneys, to represent such party or political body or body of
citizens at any public session or sessions of the county board
of elections, and at any computation and canvassing of returns
of any primary or election and recount of ballots or recanvass
of voting machines under the provisions of this act. Such
watchers or attorneys may exercise the same rights as watchers
at registration and polling places, but the number who may be
present at any one time may be limited by the county board to
not more than three for each party, political body or body of
citizens.
* * *
Section 402. Qualifications of Election Officers.--(a)
Except as provided in subsection (b), election officers shall be
qualified registered electors of the [district in which they are
elected or appointed.] county in which the polling place is
located. An election officer shall not be required to be a
qualified registered elector in the election district in which
the election officer is appointed. No person shall be qualified
to serve as an election officer who shall hold, or shall within
two months have held, any office, appointment or employment in
or under the Government of the United States or of this State or
of any city or county or poor district, of any municipal board,
commission or trust in any city, save only district justices,
notaries public and persons in the militia service of the State;
nor shall any election officer be eligible to any civil office
20200SB0010PN1898 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to be voted for at a primary or election at which he shall
serve, except that of an election officer.
* * *
Section 417. Appointment of Watchers.--
* * *
(b) Each watcher so appointed must be a qualified registered
elector [of the county in which the election district for which
the watcher was appointed is located]. Each watcher so appointed
shall be authorized to serve in the election district for which
the watcher was appointed and, when the watcher is not serving
in the election district for which the watcher was appointed, in
any other election district [in the county in which the watcher
is a qualified registered elector]: Provided, That only one
watcher for each candidate at primaries, or for each party or
political body at general, municipal or special elections, shall
be present in the polling place at any one time from the time
that the election officers meet prior to the opening of the
polls under section 1208 until the time that the counting of
votes is complete and the district register and voting check
list is locked and sealed, and all watchers in the room shall
remain outside the enclosed space. It shall not be a requirement
that a watcher be a resident of the election district for which
the watcher is appointed. After the close of the polls and while
the ballots are being counted or voting machine canvassed, all
the watchers shall be permitted to be in the polling place
outside the enclosed space. Each watcher shall be provided with
a certificate from the county board of elections, stating his
name and the name of the candidate, party or political body he
represents. Watchers shall be required to show their
certificates when requested to do so. Watchers allowed in the
20200SB0010PN1898 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
polling place under the provisions of this act, shall be
permitted to keep a list of voters and shall be entitled to
challenge any person making application to vote and to require
proof of his qualifications, as provided by this act. During
those intervals when voters are not present in the polling place
either voting or waiting to vote, the judge of elections shall
permit watchers, upon request, to inspect the voting check list
and either of the two numbered lists of voters maintained by the
county board: Provided, That the watcher shall not mark upon or
alter these official election records. The judge of elections
shall supervise or delegate the inspection of any requested
documents.
* * *
Section 2. Section 1302(i)(1) of the act, amended March 27,
2020 (P.L.41, No.12), is amended and the subsection is amended
by adding paragraphs to read:
Section 1302. Applications for Official Absentee Ballots.--*
* *
(i) (1) Application for official absentee ballots shall be
on physical and electronic forms prescribed by the Secretary of
the Commonwealth.
(1.1) The application shall state that an elector who
applies for an absentee ballot pursuant to section 1301 shall
not be eligible to vote at a polling place on election day
[unless the elector brings the elector's absentee ballot to the
elector's polling place, remits the ballot and the envelope
containing the declaration of the elector to the judge of
elections to be spoiled and signs a statement subject to the
penalties of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) to the same effect. Such physical]
20200SB0010PN1898 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
except by provisional ballot. The application shall also state
that an elector may personally deliver an absentee ballot and
the envelope containing the declaration of the elector to the
judge of elections of the elector's election district at the
elector's polling place during the hours that the polling place
is open on election day, to a location at the county courthouse
designated by the county board of elections or to the permanent
offices of the county board of elections and to no other
location.
(1.2) Physical application forms shall be made freely
available to the public at county board of elections, municipal
buildings and at such other locations designated by the
secretary. [Such electronic]
(1.3) Electronic application forms shall be made freely
available to the public through publicly accessible means.
(1.4) No written application or personal request shall be
necessary to receive or access the application forms.
(1.5) Copies and records of all completed physical and
electronic applications for official absentee ballots shall be
retained by the county board of elections.
* * *
Section 3. Section 1302.1(a) and (a.3)(1) and (2) of the
act, amended October 31, 2019 (P.L.552, No.77), are amended to
read:
Section 1302.1. Date of Application for Absentee Ballot.--
(a) Except as provided in subsection (a.3), 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, except that if a county board of elections
determines that it would be appropriate to its operational
20200SB0010PN1898 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 shall be
processed if received not later than five o'clock P.M. of the
[first Tuesday] fifteenth day prior to the day of any primary or
election.
(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] fifteenth day
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] fifteenth day
prior to the day of the primary or election.
(iii) An elector who becomes so physically disabled or ill
after five o'clock P.M. on the [first Tuesday] fifteenth day
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] fifteenth day prior to the day of the primary or
election.
(2) An elector described in paragraph (1) may submit an
20200SB0010PN1898 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] fifteenth day 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).
* * *
Section 4. Sections 1303(e) and 1306(a) introductory
paragraph and (b)(3) of the act, amended March 27, 2020 (P.L.41,
No.12), are amended to read:
Section 1303. Official Absentee Voters Ballots.--* * *
(e) The official absentee voter ballot shall state [that an
elector who receives an absentee ballot pursuant to section 1301
and whose voted ballot is not timely received by the commission
and who, on election day, is capable of voting at the
appropriate polling place may only vote on election day by
provisional ballot unless the elector brings the elector's
absentee ballot to the elector's polling place, remits the
ballot and the envelope containing the declaration of the
elector to the judge of elections to be spoiled and signs a
statement subject to the penalties under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) to the same
effect.] as follows:
(1) That a voter may return the ballot on or before election
day to the permanent offices of the county board of elections by
20200SB0010PN1898 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
mail or in person, in person to a location at the county
courthouse designated by the board of elections or, if not
returne d prior to election day, in person to the judge of
elections at the elector's election district at the elector's
polling place on election day during polling hours and to no
other location. The Secretary of the Commonwealth shall
prescribe the text and the manner by which the notice under this
subsection shall be printed on a ballot and shall require the
following statement:
This ballot may be personally returned by an elector to the
elector's polling place on election day, or in person on or
before election day to a location at the county courthouse
designated by the county board of elections, or by mail or in
person to the permanent offices of the county board of
elections and to no other location.
The notice shall also require electors to personally return
ballots.
(2) That an elector who receives an absentee ballot pursuant
to section 1301 and whose voted ballot is not timely received as
set forth in subsection (e)(1) and who, on election day, is
capable of voting at the appropriate polling place may only vote
on election day by provisional ballot.
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,
20200SB0010PN1898 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 elector shall send same by
mail, postage prepaid, except where franked, or deliver it in
person to said county board of election[.] at the permanent
offices of the county board of elections, to a location at the
county courthouse designated by the county board of elections or
to the judge of elections at the elector's polling place and to
no other location.
* * *
(b) * * *
(3) Notwithstanding paragraph (2), an elector who requests
an absentee ballot and who is not shown on the district register
as having voted the ballot [may vote] on election day may:
(i) Vote by provisional ballot at the polling place. [if the
elector remits the ballot and the envelope containing the
declaration of the elector to the judge of elections to be
spoiled and the elector signs a statement subject to the
penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) in substantially the following
form:
I hereby declare that I am a qualified registered elector who
has obtained an absentee ballot or mail-in ballot. I further
declare that I have not cast my absentee ballot or mail-in
ballot, and that instead I remitted my absentee ballot or
mail-in ballot and the envelope containing the declaration of
20200SB0010PN1898 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the elector to the judge of elections at my polling place to
be spoiled and therefore request that my absentee ballot or
mail-in ballot be voided.
(Date)
(Signature of Elector)................(Address of Elector)
(Local Judge of Elections)]
(ii) Personally deliver the completed absentee ballot and
the envelope containing the declaration of the elector to the
judge of elections of the elector's election district at the
elector's polling place during polling hours, to a location at
the county courthouse designated by the county board of
elections or to the permanent offices of the county board of
elections and to no other location.
* * *
Section 5. Section 1308(f), (g)(1.1), (2) and (3) of the
act, amended October 31, 2019 (P.L.552, No.77) and March 27,
2020 (P.L.41, No.12), are amended, subsection (g) is amended by
adding a paragraph and the section is amended by adding a
subsection to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(a.1) A judge of elections shall deliver all completed
absentee ballots and mail-in ballots to the county board of
elections by two o'clock A.M. on the day following the election.
* * *
(f) Any person challenging an application for an absentee
ballot, an absentee ballot, an application for a mail-in ballot
or a mail-in ballot for any of the reasons provided in this act
shall deposit the sum of ten dollars ($10.00) in cash with the
county board, which sum shall only be refunded if the challenge
20200SB0010PN1898 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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. 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 or
mail-in ballot.]
(g) * * *
(1.1) The county board of elections shall meet [no earlier
than seven o'clock A.M. on election day] at least once before
election day at the county courthouse or the offices of the
county board of elections to pre-canvass all ballots received
prior to the meeting.
(1.2) A county board of elections that meets to pre-canvass
absentee ballots and mail-in ballots may begin the tasks
described in paragraph (4)(i), (ii) and (iii) after eight
o'clock A.M. the Saturday before the election and continuing
through election day for any absentee ballots or mail-in ballots
received prior to eleven fifty-nine P.M. on the day prior to
election day. A county board of elections shall provide at least
forty-eight hours' notice of a pre-canvass meeting by publicly
posting a notice of a pre-canvass meeting on its publicly
accessible Internet website. [One] The authorized representative
of each candidate in an election, the county chairperson of each
political party or a designee and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are pre-
canvassed. The proceedings of the pre-canvassing shall be
recorded and made available upon request and the individuals
20200SB0010PN1898 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
allowed to watch the pre-canvassing shall have a clear line of
sight to view the proceedings. No person observing, attending or
participating in a pre-canvass meeting may disclose the results
of any portion of any pre-canvass meeting prior to the close of
the polls.
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election at the county
courthouse or the offices of the county board of elections and
no later than the third day following the election to begin
canvassing absentee ballots and mail-in ballots not included in
the pre-canvass meeting. The meeting under this paragraph shall
continue until all absentee ballots and mail-in ballots received
prior to the close of the polls have been canvassed. The county
board of elections shall not record or publish any votes
reflected on the ballots prior to the close of the polls. The
canvass process shall continue through the eighth day following
the election for valid military-overseas ballots timely received
under 25 Pa.C.S. § 3511 (relating to receipt of voted ballot). A
county board of elections shall provide at least forty-eight
hours' notice of a canvass meeting by publicly posting a notice
on its publicly accessible Internet website. One authorized
representative of each candidate in an election, the county
chairperson of each political party or a designee and one
representative from each political party shall be permitted to
remain in the room in which the absentee ballots and mail-in
ballots are canvassed. The proceedings of the canvassing shall
be recorded and made available upon request and the individuals
allowed to watch the canvassing shall have a clear line of sight
to view the proceedings.
(3) When the county board meets to pre-canvass or canvass
20200SB0010PN1898 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
absentee ballots and mail-in ballots under paragraphs (1),
(1.1), (1.2) and (2), the board shall examine the declaration on
the envelope of each ballot not set aside under subsection (d)
and shall compare the information thereon with that contained in
the "Registered Absentee and Mail-in Voters File," the absentee
voters' list and/or the "Military Veterans and Emergency
Civilians Absentee Voters File," whichever is applicable. If the
county board has verified the proof of identification as
required under this act and is satisfied that the declaration is
sufficient and the information contained in the "Registered
Absentee and Mail-in Voters File," the absentee voters' list
and/or the "Military Veterans and Emergency Civilians Absentee
Voters File" verifies his right to vote, the county board shall
provide a list of the names of electors whose absentee ballots
or mail-in ballots are to be pre-canvassed or canvassed. For
absentee ballots or mail-in ballots which the county board is
not satisfied that proof of identification has been provided due
to any inability to match the signature present on the ballot to
the signature on file, the county board shall:
(i) Notify the elector by mail, e-mail, telephone or text
message that the signature on the elector's ballot does not
match the elector's signature in the registration books.
(ii) Direct the elector to appear before, or to provide an
electronic, facsimile or paper copy to, the county board of
elections within six (6) calendar days with:
(A) proof of identification and an executed affirmation
affirming, under penalty of perjury, that the elector is the
same individual who personally remitted the absentee ballot or
mail-in ballot; or
(B) an executed affirmation affirming, under penalty of
20200SB0010PN1898 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
perjury, that the elector is the same individual who personally
remitted the absentee ballot or mail-in ballot and that the
elector is indigent and unable to obtain proof of identification
without the payment of a fee.
(iii) Notify the elector that the absentee ballot or mail-in
ballot may not be counted if the elector fails to comply with
subparagraph (ii).
* * *
Section 6. Section 1302-D(f) of the act, amended March 27,
2020 (P.L.41, No.12), is amended to read:
Section 1302-D. Applications for official mail-in ballots.
* * *
(f) Form.--The following shall apply:
(1) Application for an official mail-in ballot shall be
on physical and electronic forms prescribed by the Secretary
of the Commonwealth.
(2) The application shall state that a voter who applies
for a mail-in ballot under section 1301-D shall not be
eligible to vote at a polling place on election day [unless
the elector brings the elector's mail-in ballot to the
elector's polling place, remits the ballot and the envelope
containing the declaration of the elector to the judge of
elections to be spoiled and signs a statement subject to the
penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) to the same effect.] except by
provisional ballot. The application shall also state that an
elector may personally deliver a mail-in ballot and the
envelope containing the declaration of the elector to the
judge of elections of the elector's election district at the
elector's polling place during the hours that the polling
20200SB0010PN1898 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
place is open on election day, to a location at the county
courthouse designated by the county board of elections or to
the permanent offices of the county board of elections and to
no other location.
(3) The physical application forms shall be made freely
available to the public at county board of elections,
municipal buildings and at other locations designated by the
Secretary of the Commonwealth.
(4) The electronic application forms shall be made
freely available to the public through publicly accessible
means.
(5) No written application or personal request shall be
necessary to receive or access the application forms.
(6) Copies and records of all completed physical and
electronic applications for official mail-in ballots shall be
retained by the county board of elections.
* * *
Section 7. Section 1302.1-D(a) of the act, added October 31,
2019 (P.L.552, No.77), is amended to read:
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall be
received in the office of the county board of elections not
earlier than 50 days before the primary or election, except that
if a county board of elections determines that it would be
appropriate to the county board of elections' operational needs,
any applications for mail-in ballots received more than 50 days
before the primary or election may be processed before that
time. Applications for mail-in ballots shall be processed if
received not later than five o'clock P.M. of the [first Tuesday]
fifteenth day prior to the day of any primary or election.
20200SB0010PN1898 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
Section 8. Sections 1303-D(e), 1305-D and 1306-D(a) and (b)
(3) of the act, amended March 27, 2020 (P.L.41, No.12), are
amended to read:
Section 1303-D. Official mail-in elector ballots.
* * *
(e) Notice.--The official mail-in voter ballot shall state
[that] as follows:
(1) That a voter who receives a mail-in ballot under
section 1301-D may return the ballot on or before election
day to the permanent offices of the county board of elections
by mail or in person, in person to a location at the county
courthouse designated by the county board of elections or, if
not returned prior to election day, in person to the judge of
elections at the elector's polling place on election day
during polling hours and to no other location. The Secretary
of the Commonwealth shall prescribe the text and the manner
by which the notice under this subsection shall be printed on
a ballot and shall require the following statement:
This ballot may be personally returned by an elector
to the elector's polling place on election day, in
person on or before election day to a location at the
county courthouse designated by the county board of
elections, or by mail or in person to the permanent
offices of the county board of elections and to no
other location.
The notice shall also require electors to personally return
ballots.
(2) That an elector who receives a mail-in ballot under
section 1301-D and whose voted mail-in ballot is not timely
20200SB0010PN1898 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
received as set forth under paragraph (1) and who on election
day is capable of voting at the appropriate polling place may
only vote on election day by provisional ballot [unless the
elector brings the elector's mail-in ballot to the elector's
polling place, remits the ballot and the envelope containing
the declaration of the elector to the judge of elections to
be spoiled and signs a statement subject to the penalties of
18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) to the same effect].
Section 1305-D. Delivering or mailing ballots.
The county board of elections, upon receipt and approval of
an application filed by a qualified elector under section 1301-
D, shall commence to deliver or mail official mail-in ballots
as soon as a ballot is certified and the ballots are available.
While any proceeding is pending in a Federal or State court
which would affect the contents of any ballot, the county board
of elections may await a resolution of that proceeding but in
any event, shall commence to deliver or mail official mail-in
ballots not later than the [second] fourth Tuesday prior to the
primary or election. For applicants whose proof of
identification was not provided with the application or could
not be verified by the board, the board shall send the notice
required under section 1302.2-D(c) with the mail-in ballot. As
additional applications are received and approved, the board
shall deliver or mail official mail-in ballots to the additional
electors within 48 hours.
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,
20200SB0010PN1898 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election at the permanent offices of the
county board of elections, to a location at the county
courthouse designated by the county board of elections or to the
judge of elections at the elector's polling place and to no
other location.
* * *
(b) Eligibility.--
* * *
(3) Notwithstanding paragraph (2), an elector who
requests a mail-in ballot and who is not shown on the
district register as having voted the ballot [may vote at the
polling place if the elector remits the ballot and the
envelope containing the declaration of the elector to the
judge of elections to be spoiled and the elector signs a
statement subject to the penalties of 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) which
shall be in substantially the following form:
I hereby declare that I am a qualified registered elector
20200SB0010PN1898 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
who has obtained an absentee ballot or mail-in ballot. I
further declare that I have not cast my absentee ballot or
mail-in ballot, and that instead I remitted my absentee
ballot or mail-in ballot to the judge of elections at my
polling place to be spoiled and therefore request that my
absentee ballot or mail-in ballot be voided.
(Date)
(Signature of Elector)...........(Address of Elector)
(Local Judge of Elections)] on election day may:
(i) Vote by provisional ballot at the polling place.
(ii) Personally deliver the completed mail-in ballot
and the envelope containing the declaration of the
elector to the judge of elections of the elector's
election district at the elector's polling place during
polling hours, to a location at the county courthouse
designated by the county board of elections or to the
permanent offices of the county board of elections and to
no other location.
* * *
Section 10. This act shall take effect immediately.
20200SB0010PN1898 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20