PRINTER'S NO. 245
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
282
Session of
2023
INTRODUCED BY WEBSTER, KENYATTA, MADDEN, FIEDLER, HOHENSTEIN,
HILL-EVANS, VENKAT, SANCHEZ, KHAN, N. NELSON, DELLOSO,
D. WILLIAMS AND O'MARA, MARCH 10, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2023
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 applications for official absentee ballots, for
date of application for absentee ballot, for envelopes for
official absentee ballots and for voting by absentee electors
and providing for secure ballot return receptacles; 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 approval of application
for mail-in ballot, for envelopes for official mail-in
ballots and for voting by mail-in electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1302(e.1) and (k), 1302.1(a), 1304 and
1306(a) introductory paragraph of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, are
amended to read:
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Section 1302. Applications for Official Absentee Ballots.--*
* *
(e.1) Any qualified registered elector who is unable because
of illness or physical disability to attend his or her polling
place on the day of any primary or election or operate a voting
machine and state distinctly and audibly that he or she is
unable to do so as required by section 1218 of this act may at
any time request, with the certification by his or her attending
physician that he or she is permanently disabled and physically
unable to attend the polls or operate a voting machine and make
the distinct and audible statement required by section 1218
appended to the application hereinbefore required, to be placed
on [a permanently] an annual disabled absentee ballot list file.
An absentee ballot application shall be mailed to every [such]
person otherwise eligible to receive one, by the first Monday in
February each year, or within forty-eight hours of receipt of
the request, whichever is later, so long as he or she does not
lose his or her voting rights by failure to vote as otherwise
required by this act. [Such] The person shall not be required to
file a physician's certificate of disability with each
application as required in subsection (e) of this section.
Should [any such] a person lose his or her disability he or she
shall inform the county board of elections of the county of his
or her residence. An absentee 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. The transfer of a qualified registered elector on [a
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permanently] an annual disabled absentee ballot list from one
county to another county shall only be permitted upon the
request of the qualified registered elector.
* * *
(k) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may apply
for an absentee ballot and request [permanent] annual absentee
voter status under subsection (e.1), provided the system is able
to capture a digitized or electronic signature of the applicant.
A county board of elections shall treat any 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.
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
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 that are
made in person at a county board of elections office 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. All
other applications for absentee ballots shall be processed if
received not later than the twelfth (12th) day prior to the day
of any primary election.
* * *
Section 1304. Envelopes for Official Absentee Ballots.--
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The county boards of election shall provide two additional
envelopes for each official absentee ballot of [such] 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 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 absentee voter. [Said] The 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] the elector has not already voted in
[such] the primary or election. The mailing envelope addressed
to the elector shall contain the two envelopes, 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. Use of the inner envelope shall
be in the discretion of the voter. Failure to use the inner
envelope may not be a valid reason for disqualification of the
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
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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] the envelope. [Such]
The date written on the envelope shall be the date the elector
has signed the declaration. Failure to sign the envelope or
signing the envelope with a date that is not within the time
period between the date the ballot was received by the voter and
when the ballot was received by the county board of election
shall not disqualify the ballot if the declaration is otherwise
properly executed. The 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 2. The act is amended by adding a section to read:
Section 1308.1. Secure Ballot Return Receptacles.--(a) A
county board of elections may establish secure ballot return
receptacles in which voters may return an absentee or mail-in
ballot subject to the terms and conditions of this section.
(b) If a county board of elections establishes a secure
ballot return receptacle, the board shall provide notice to the
electors within the county at least thirty days prior to the
election by:
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(1) A poster in the county elections office.
(2) The county's publicly accessible Internet website in a
highly visible location.
(3) Posters in locations in the county where voters may
congregate, such as the county courthouse, other county offices,
student centers at local universities and colleges, senior
citizen centers, retirement and nursing home community rooms and
other similar locations.
(4) Information included in absentee or mail-in voting
materials sent to a voter.
(c) Notices issued under subsection (b) shall include:
(1) The ballot return deadline.
(2) A list of county election offices and secure ballot
return receptacles, including building names and street
addresses.
(3) The days and hours of operation of secure ballot return
receptacles, including election day hours and if a secure ballot
return receptacle will be available twenty-four hours per day,
seven days per week.
(4) Contact information for the county board of elections.
(5) Accessibility information.
(d) A secure ballot return receptacle shall be fully ADA
compliant and in a well-lit, fixed location.
(e) The county board of elections shall determine the hours
of operation, which shall begin no later than thirty days prior
to the election and include election day. Hours of operation
shall include at a minimum one weeknight and one weekend time
period during the five days prior to the primary or election.
(f) A secure ballot return receptacle shall be tamper-
resistant, locked and secured to ensure immobility while in use.
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(g) Staff authorized by the county board of elections shall
monitor the secure ballot return receptacle during hours of
operation, either in person or via video surveillance. Video
recording shall be retained for one year from recording.
(h) A secure ballot return receptacle shall have a sign
posted on or near the receptacle that includes:
(1) A label that states "Official Ballot Return Site."
(2) A notice that the voter should return only his or her
own ballot and that third-party return of ballots, including
those of family members, is prohibited unless the individual is
officially authorized to return another individual's ballot.
(3) The penalties for tampering with the secure ballot
return receptacles and intimidating voters, including forging or
destroying ballots.
(i) Ballots shall be collected at the end of operating hours
of each day that a secure ballot return receptacle is available
for use. Ballots shall be collected at the same time each day,
as determined by the county elections office, if the secure
ballot return receptacle is available for use on a twenty-four
hours per day, seven days per week schedule. Two county employes
shall be appointed to collect ballots. At least one shall be an
employe assigned to the board of elections and the other may be
a member of law enforcement, including a constable. The county
board of elections shall use a chain of custody log approved by
the department and deposit collected ballots in a secure
container within the county board of elections office.
Section 3. Sections 1302-D(g), 1302.1-D(a), 1302.2-D(b),
1304-D(a) and 1306-D(a) of the act are amended to read:
Section 1302-D. Applications for official mail-in ballots.
* * *
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(g) [Permanent] Annual mail-in voting list.--
(1) Any qualified registered elector may request to be
placed on [a permanent] an annual mail-in ballot list file at
any time 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] annual
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] annual 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.
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(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 that are made in person
at the county board of elections office 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. All other
applications for mail-in ballots that are received via United
States mail or online shall be processed if received not later
than the twelfth day prior to the day of any primary or
election.
* * *
Section 1302.2-D. Approval of application for mail-in ballot.
* * *
(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 in person on or before the first Tuesday prior
to the primary or election and applications as are received via
United States mail or online on or before the twelfth day prior
to the primary or election.
* * *
Section 1304-D. Envelopes for official mail-in ballots.
(a) Additional envelopes.--The county boards of election
shall provide two additional envelopes for each official mail-in
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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 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. Use of the inner envelope shall be in the discretion
of the voter. Failure to use the inner envelope may not be a
valid reason for disqualification of the ballot.
* * *
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] the envelope. [Such] The date
written on the envelope shall be the date the elector has signed
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the declaration. Failure to sign the envelope or signing the
envelope with a date that is not within the time period between
the date the ballot was received by the voter and when the
ballot was received by the county board of election shall not
disqualify the ballot if the declaration is otherwise properly
executed. The 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 4. This act shall take effect in 60 days.
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