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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 1569
PRINTER'S NO. 1576
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1200
Session of
2022
INTRODUCED BY DUSH, AUMENT, K. WARD, CORMAN, PHILLIPS-HILL,
ROBINSON, BROOKS, HUTCHINSON, STEFANO, GORDNER, MARTIN,
ARGALL, J. WARD, BROWNE, BAKER, GEBHARD, BARTOLOTTA, MENSCH,
YAW, SCAVELLO, REGAN, PITTMAN, YUDICHAK, LAUGHLIN, VOGEL,
MASTRIANO AND LANGERHOLC, APRIL 9, 2022
REFERRED TO STATE GOVERNMENT, APRIL 9, 2022
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 expenses of county boards and of primaries and elections
to be paid by county, expenses of special elections and
boards to be provided with offices; in voting by qualified
absentee electors, further providing for date of application
for absentee ballot and for voting by absentee electors; and,
in voting by qualified mail-in electors, further providing
for voting by mail-in electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 305(b) 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, are amended to read:
Section 305. Expenses of County Boards and of Primaries and
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Elections to Be Paid by County; Expenses of Special Elections;
Boards to Be Provided with Offices.--
* * *
(b) The county commissioners or other appropriating
authorities of the county shall provide the county board with a
suitable and adequate [offices] primary office at the county
seat, properly furnished for keeping its records, holding its
public sessions and otherwise performing its public duties, and
shall also provide such branch offices for the board in cities
other than the county seat, as may be necessary.
* * *
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, to an
employe at the primary office of the county board of elections
located in the county seat under section 305(b), which shall
retain the ballot, unopened, until the canvassing of all
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
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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, to an
employe at the primary office of the county board of elections
located in the county seat under section 305(b). 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 1306(a) introductory paragraph and 1306-
D(a) of the act, amended March 27, 2020 (P.L.41, No.12), are
amended to read:
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 elector shall send same by
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mail, postage prepaid, except where franked, or deliver it in
person to an employe of said county board of election at the
primary office located in the county seat under section 305(b).
* * *
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,
postage prepaid, except where franked, or deliver it in person
to an employee of said county board of election at the primary
office located in the county seat under section 305(b).
* * *
Section 3. This act shall take effect immediately.
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