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PRINTER'S NO. 1796
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1620
Session of
2021
INTRODUCED BY DAVIDSON, JUNE 14, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 14, 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 absentee electors, further
providing for canvassing of official absentee ballots and
mail-in ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1308(g)(1)(ii) and (3) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, amended March 27, 2020 (P.L.41, No.12), are amended to
read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) (1) * * *
(ii) An absentee ballot cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
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absentee ballot under section [1302(a.3)] 1302.1(a.3) or a mail-
in ballot cast by a mail-in elector shall be canvassed in
accordance with this subsection if the absentee ballot or mail-
in ballot is 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.
* * *
(3) When the county board meets to pre-canvass or canvass
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, email, telephone or text
message that the signature on the elector's ballot does not
match the elector's signature in the registration books.
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(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
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 2. This act shall take effect in 60 days.
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