PRINTER'S NO. 886
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
895
Session of
2021
INTRODUCED BY GAINEY, HILL-EVANS, SANCHEZ, MADDEN, BURGOS,
HOHENSTEIN, KINKEAD, FRANKEL, GALLOWAY, SCHWEYER, SIMS,
DELLOSO, WARREN AND ISAACSON, MARCH 15, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 2021
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 mail-in electors, further
providing for qualified mail-in electors, repealing
provisions related to applications for official mail-in
ballots, to date of application for mail-in ballot and to
approval of application for mail-in ballot and further
providing for delivering or mailing ballots, for voting by
mail-in electors and for public records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301-D of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended or added October 31, 2019 (P.L.552, No.77) and March 27,
2020 (P.L.41, No.12), is amended to read:
Section 1301-D. [Qualified mail-in electors] Automatic issuance
of mail-in ballots.
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(a) General rule.--[A qualified mail-in elector shall be
entitled to vote by an official mail-in ballot in any primary or
election held in this Commonwealth in the manner provided under
this article.
(b) Construction.--The term "qualified mail-in elector"
shall not be construed to include a person not otherwise
qualified as a qualified elector in accordance with the
definition in section 102(t).] The county board of elections
shall provide an official mail-in ballot to each qualified
registered elector prior to any primary or election held in this
Commonwealth in the manner provided under this article.
(b) Qualified mail-in elector.--Any qualified registered
elector shall be entitled to vote by an official mail-in ballot
in any primary or election held in this Commonwealth in the
manner provided under this article.
Section 2. Sections 1302-D, 1302.1-D and 1302.2-D of the act
are repealed:
[Section 1302-D. Applications for official mail-in ballots.
(a) General rule.--A qualified elector under section 1301-D
may apply at any time before any primary or election for an
official mail-in ballot in person or on any official county
board of election form addressed to the Secretary of the
Commonwealth or the county board of election of the county in
which the qualified elector's voting residence is located.
(b) Content.--The following shall apply:
(1) The qualified elector's application shall contain
the following information:
(i) Date of birth.
(ii) Length of time a resident of voting district.
(iii) Voting district, if known.
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(iv) Party choice in case of primary.
(v) Name.
(2) A qualified elector shall, in addition, specify the
address to which the ballot is to be sent, the relationship
where necessary and other information as may be determined by
the Secretary of the Commonwealth.
(3) When an application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
(c) Signature required.--Except as provided in subsection
(d), the application of a qualified elector under section 1301-D
for an official mail-in ballot in any primary or election shall
be signed by the applicant.
(d) Signature not required.--If any elector entitled to a
mail-in ballot under this section is unable to sign the
application because of illness or physical disability, the
elector shall be excused from signing upon making a statement
which shall be witnessed by one adult person in substantially
the following form:
I hereby state that I am unable to sign my application
for a mail-in ballot without assistance because I am
unable to write by reason of my illness or physical
disability. I have made or have received assistance in
making my mark in lieu of my signature.
(Mark)
(Date)
(Complete Address of Witness)
(Signature of Witness)
(e) Numbering.--The county board of elections shall number,
in chronological order, the applications for an official mail-in
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ballot, which number shall likewise appear on the official mail-
in ballot for the qualified elector. The numbers shall appear
legibly and in a conspicuous place but, before the ballots are
distributed, the number on the ballot shall be torn off by the
county board of election. The number information shall be
appropriately inserted and become a part of the Registered
Absentee and Mail-in Voters File provided under section 1302.3.
(f) Form.--Application for an official mail-in ballot shall
be on physical and electronic forms prescribed by the Secretary
of the Commonwealth. 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. 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. The electronic application
forms shall be made freely available to the public through
publicly accessible means. No written application or personal
request shall be necessary to receive or access the application
forms. Copies and records of all completed physical and
electronic applications for official mail-in ballots shall be
retained by the county board of elections.
(g) Permanent mail-in voting list.--
(1) Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
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during the calendar year. A mail-in ballot application shall
be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
required by this act. A mail-in ballot application mailed to
an elector under this section, which is completed and timely
returned by the elector, shall serve as an application for
any and all primary, general or special elections to be held
in the remainder of that calendar year and for all special
elections to be held before the third Monday in February of
the succeeding year.
(2) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may
apply for a mail-in ballot and request permanent mail-in
voter status under this section, provided the system is able
to capture a digitized or electronic signature of the
applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
(3) The transfer of a qualified registered elector on a
permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector.
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
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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
prior to the day of any primary or election.
(b) Early applications.--In the case of an elector whose
application for a mail-in ballot is received by the office of
the county board of elections earlier than 50 days before the
primary or election, the application shall be held and processed
upon commencement of the 50-day period or at such earlier time
as the county board of elections determines may be appropriate.
Section 1302.2-D. Approval of application for mail-in ballot.
(a) Approval process.--The county board of elections, upon
receipt of any application of a qualified elector under section
1301-D, shall determine the qualifications of the applicant by
verifying the proof of identification and comparing the
information provided on the application with the information
contained on the applicant's permanent registration card. The
following shall apply:
(1) If the board is satisfied that the applicant is
qualified to receive an official mail-in ballot, the
application shall be marked "approved."
(2) The approval decision shall be final and binding,
except that challenges may be made only on the grounds that
the applicant was not a qualified elector.
(3) Challenges must be made to the county board of
elections prior to five o'clock p.m. on the Friday prior to
the election: Provided, however, That a challenge to an
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application for a mail-in ballot shall not be permitted on
the grounds that the elector used an application for a mail-
in ballot instead of an application for an absentee ballot or
on the grounds that the elector used an application for an
absentee ballot instead of an application for a mail-in
ballot.
(4) When approved, the registration commission shall
cause a mail-in voter's record to be inserted in the district
register as prescribed by the Secretary of the Commonwealth.
(b) Duties of county boards of elections and registration
commissions.--The duties of the county boards of elections and
the registration commissions with respect to the insertion of
the mail-in voter's record shall include only the applications
as are received on or before the first Tuesday prior to the
primary or election.
(c) Notice.--In the event that an application for an
official mail-in ballot is not approved by the county board of
elections, the elector shall be notified immediately with a
statement by the county board of the reasons for the
disapproval. For 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
mail-in ballot requiring the elector to provide proof of
identification with the mail-in ballot or the ballot will not be
counted.]
Section 3. Sections 1305-D, 1306-D and 1307-D 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 1305-D. Delivering or mailing ballots.
The county board of elections[, upon receipt and approval of
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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]
60 days prior to the scheduled primary or election . 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 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,
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,
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postage prepaid, except where franked, or deliver it in person
to said county board of election.] may:
(1) send the envelope by mail, except where franked;
(2) deliver the envelope in person to the county board
of election, to a ballot drop-box provided by the county
board of election or to the individual's polling place on
election day; or
(3) destroy the envelope and cast the elector's vote in
person at the elector's polling place on election day.
(a.1) Signature.--Any elector who is unable to sign the
declaration because of illness or physical disability, shall be
excused from signing upon making a declaration which shall be
witnessed by one adult person in substantially the following
form:
I hereby declare that I am unable to sign my declaration
for voting my mail-in ballot without assistance because I
am unable to write by reason of my illness or physical
disability. I have made or received assistance in making
my mark in lieu of my signature.
(Mark)
(Date)
(Complete Address of Witness)
(Signature of Witness)
(b) Eligibility.--
(1) Any elector who receives and votes a mail-in ballot
under [section 1301-D] this article shall not be eligible to
vote at a polling place on election day. The district
register at each polling place shall clearly identify
electors who have received and voted mail-in ballots as
ineligible to vote at the polling place, and district
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election officers shall not permit electors who voted a mail-
in ballot to vote at the polling place.
(2) An elector who requests a mail-in ballot and who is
not shown on the district register as having voted may vote
[by provisional ballot under section 1210(a.4)(1)] in person
at the elector's polling place on election day.
(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
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)
(c) Deadline.--Except as provided under 25 Pa.C.S. § 3511
(relating to receipt of voted ballot), a completed mail-in
ballot must be received in the office of the county board of
elections no later than eight o'clock P.M. on the day of the
primary or election.
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Section 1307-D. Public records.
(a) General rule.--All official mail-in ballots, files[,
applications for ballots] and envelopes on which the executed
declarations appear and all information and lists are designated
and declared to be public records and shall be safely kept for a
period of two years, except that no proof of identification
shall be made public, nor shall information concerning a
military elector be made public which is expressly forbidden by
the Department of Defense because of military security.
(b) Record.--For each election, the county board shall
maintain a record of the following information, if applicable,
for each elector who makes application for a mail-in ballot:
(1) The elector's name and voter registration address.
[(2) The date on which the elector's application is
received by the county board.
(3) The date on which the elector's application is
approved or rejected by the county board.]
(4) The date on which the county board mails or delivers
the mail-in ballot to the elector.
(5) The date on which the elector's completed mail-in
ballot is received by the county board.
(c) Compilation.--The county board shall compile the records
listed under subsection (b) and make the records publicly
available upon request within 48 hours of the request.
Section 4. This act shall apply to elections held 100 days
or later after the effective date of this section.
Section 5. This act shall take effect immediately.
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