Amendment 3300 to Senate Bill 421 P.N. 1015, Regular Session 2019-2020

S0421B1015A03300 MSP:JSL 10/21/19 #90 A03300

AMENDMENTS TO SENATE BILL NO. 421

Sponsor: REPRESENTATIVE EVERETT

Printer's No. 1015

Amend Bill, page 1, lines 1 through 22, by striking out all

of said lines and inserting

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 preliminary provisions, further providing for

definitions; in the Secretary of the Commonwealth, providing

for requirements for disapproval or decertification of voting

apparatuses; in election districts and polling places,

further providing for restrictions on alteration; in

nomination of candidates, further providing for petition may

consist of several sheets and affidavit of circulator and for

nominations by political bodies; in ballots, further

providing for form of official primary ballot, for form of

official election ballot and for number of ballots to be

printed and specimen ballots; in voting machines, further

providing for requirements of voting machines and for form of

ballot labels on voting machines; in electronic voting

systems, further providing for requirements of electronic

voting systems, for forms, for election day procedures and

the process of voting and for post election procedures; in

preparation for and conduct of primaries and elections,

further providing for manner of applying to vote and persons

entitled to vote and voter's certificates and entries to be

made in district register and numbered lists of voters and

challenges, for method of marking ballots and depositing same

in districts in which ballots are used, for instructions of

voters and manner of voting in districts in which voting

machines are used, for count and return of votes in districts

in which ballots are used, for what ballots shall be counted,

manner of counting and defective ballots and for canvass and

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return of votes in districts in which voting machines are

used and providing for deadline for receipt of valid voter

registration application, for appeals and for appeals to

court of common pleas; in voting by qualified absentee

electors, further providing for applications for official

absentee ballots, for date of application for absentee

ballot, for approval of application for absentee ballot, for

absentee electors files and lists, for official absentee

voters ballots, for delivering or mailing ballots, for voting

by absentee electors, for canvassing of official absentee

ballots and for public records; providing for voting by

qualified mail-in electors; in returns of primaries and

elections, further providing for manner of computing

irregular ballots; in primary and election expenses, further

providing for reporting by candidates and political

committees and other persons; providing for dissemination of

information and for jurisdiction; and making related repeals.

Amend Bill, page 1, lines 25 through 28; pages 2 through 15,

lines 1 through 30; page 16, lines 1 through 25; by striking out

all of said lines on said pages and inserting

Section 1. Section 102(z.5)(3) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended and the section is amended by adding a subsection to

read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.5) The words "proof of identification" shall mean:

* * *

(3) For a qualified absentee elector under section 1301 or a

qualified mail-in elector under section 1301-D:

(i) in the case of an elector who has been issued a current

and valid driver's license, the elector's driver's license

number;

(ii) in the case of an elector who has not been issued a

current and valid driver's license, the last four digits of the

elector's Social Security number;

(iii) in the case of an elector who has a religious

objection to being photographed, a copy of a document that

satisfies paragraph (1); or

(iv) in the case of an elector who has not been issued a

current and valid driver's license or Social Security number, a

copy of a document that satisfies paragraph (2).

(z.6) The words "qualified mail-in elector" shall mean a

qualified elector who is not a qualified absentee elector.

Section 2. The act is amended by adding a section to read:

Section 207. Requirements for Disapproval or Decertification

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of Voting Apparatuses.--(a) The Commonwealth may not disapprove

or decertify a voting apparatus in fifty per centum (50%) or

more counties until the requirements of this section have been

met.

(b) If the Commonwealth intends to make a disapproval or

decertification under subsection (a), the Department of State

must submit a written plan to the President pro tempore of the

Senate, the Speaker of the House of Representatives, the

Appropriations Committee of the Senate, the Appropriations

Committee of the House of Representatives, the State Government

Committee of the Senate and the State Government Committee of

the House of Representatives at least one hundred eighty (180)

days prior to the effective date of the replacement voting

apparatuses, containing all of the following information:

(1) The reason for the disapproval or decertification.

(2) The estimated cost to replace the disapproved or

decertified voting apparatus and the plan for how funding will

be obtained to cover the estimated cost.

(3) A plan for replacing the disapproved or decertified

voting apparatus.

(4) The effective date of the replacement voting apparatus.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Electronic voting system" shall have the meaning given to

the term in section 1101-A.

"Voting apparatus" shall mean a kind or type of electronic

voting system that received the approval of the Secretary of the

Commonwealth under section 1105-A.

Section 3. Sections 536(a) and (b), 909, 951(d), 1002(a) and

(b), 1003(a) and (e), 1007, 1107(b), 1110(h), 1107-A(3), 1109-

A(a)(2) and (d), 1112-A(a)(2) and (4) and (b)(4), 1113-A(d),

1210(a.4) and (5)(ii), 1215(b) and (c), 1216(d) and (f), 1222,

1223(a) and 1227(d) of the act are amended to read:

Section 536. Restrictions on Alteration.--(a) Except as

provided in subsection (b), there shall be no power to

establish, abolish, divide, consolidate or alter in any manner

an election district during the period [July 15, 2009] from

December 31 , 2019 , through November 30, [2012] 2022, or through

resolution of all judicial appeals to the [2012] 2022

Congressional Redistricting Plan, whichever occurs later.

(b) During the period from [July 15, 2009] December 31 ,

2019, through December 31, [2010] 2020, an election district may

be divided or election districts may be combined if the

following are met:

(1) In the case of the division of an election district, the

boundary of each resulting district is composed entirely of

clearly visible physical features conforming with the census

block lines or portions of the original boundary of the election

district which was divided.

(2) In the case of the combination of election districts,

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the boundary of each resulting district is composed entirely of

portions of the original boundaries of the election districts

which were combined.

* * *

Section 909. Petition May Consist of Several Sheets;

[Affidavit] Statement of Circulator.--Said nomination petition

may be on one or more sheets, and different sheets must be used

for signers resident in different counties. If more than one

sheet is used, they shall be bound together when offered for

filing if they are intended to constitute one petition, and each

sheet shall be numbered consecutively beginning with number one,

at the foot of each page. In cases of petitions for delegate or

alternate delegate to National conventions, each sheet shall

contain a notation indicating the presidential candidate to whom

he is committed or the term "uncommitted." Each sheet shall have

appended thereto the [affidavit] statement of the circulator of

each sheet, setting forth, subject to the penalties of 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities)--(a) that he or she is a qualified elector of the

Commonwealth, who is duly registered and enrolled as a member of

the [designated party of the State, or of the political

district, as the case may be, referred to] party designated in

said petition, unless said petition relates to the nomination of

a candidate for a court of common pleas, for the Philadelphia

Municipal Court or for the Traffic Court of Philadelphia or for

justice of the peace, in which event the circulator need not be

a duly registered and enrolled member of the designated party;

(b) his residence, giving city, borough or township, with street

and number, if any; (c) that the signers thereto signed with

full knowledge of the contents of the petition; (d) that their

respective residences are correctly stated therein; (e) that

they all reside in the county named in the [affidavit]

statement; (f) that each signed on the date set opposite his

name; and (g) that, to the best of [affiant's] the circulator's

knowledge and belief, the signers are qualified electors and

duly registered and enrolled members of the designated party of

the State, or of the political district, as the case may be.

Section 951. Nominations by Political Bodies.--* * *

(d) Nomination papers may be on one or more sheets and

different sheets must be used for signers resident in different

counties. If more than one sheet is used, they shall be bound

together when offered for filing if they are intended to

constitute one nomination paper, and each sheet shall be

numbered consecutively, beginning with number one (1) at the

foot of each page. Each sheet shall have appended thereto the

[affidavit] statement of some person, not necessarily a signer,

and not necessarily the same person on each sheet, setting

forth, subject to the penalties of 18 Pa.C.S. § 4904 (relating

to unsworn falsification to authorities)--[(1) that the affiant

is a qualified elector of the State, or of the electoral

district, as the case may be, referred to in the nomination

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paper;] (2) [his] the person's residence, giving city, borough

or township with street and number, if any; (3) that the signers

signed with full knowledge of the contents of the nomination

paper; (4) that their respective residences are correctly stated

therein; (5) that they all reside in the county named in the

[affidavit] statement; (6) that each signed on the date set

opposite his name; and (7) that, to the best of [affiant's] the

person's knowledge and belief, the signers are qualified

electors of the State, or of the electoral district, as the case

may be.

* * *

Section 1002. Form of Official Primary Ballot.--(a) At

primaries separate official ballots shall be prepared for each

party which shall be in substantially the following form:

Official............................... Primary Ballot.

(Name of Party)

........District,........Ward, City of........................,

County of..............................., State of Pennsylvania

........Primary election held on the.....day of........., 19...

Make a cross (X) or check ( ) in the square to the right of

each candidate for whom you wish to vote. If you desire to vote

for a person whose name is not on the ballot, write[, print or

paste] or stamp his name in the blank space provided for that

purpose. Mark ballot only in black lead pencil, indelible pencil

or blue, black or blue-black ink in fountain pen or ball point

pen. Use the same pencil or pen for all markings you place on

the ballot.

President of the United States.

(Vote for one)

John Doe

Richard Roe

John Stiles

United States Senator.

(Vote for one)

John Doe

Richard Roe

John Stiles

Governor.

(Vote for one)

John Doe

Richard Roe

John Stiles

Representative in Congress.....District.

(Vote for one)

John Doe

Richard Roe

John Stiles

Delegates at Large to National Convention.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

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John Stiles

(Uncommitted)

Delegate to National Convention.....District.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

John Stiles

(Uncommitted)

Senator in the General Assembly.....District.

(Vote for one)

John Doe

Richard Roe

John Stiles

Member of State Committee.

(Vote for one)

John Doe

Richard Roe

John Stiles

Party Committeemen.

(Vote for.....)

John Doe

Richard Roe

John Stiles

(b) On the back of each ballot shall be printed in prominent

type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"

followed by the designation of the election district for which

it is prepared, the date of the primary and the facsimile

signatures of the members of the county board of elections. The

names of candidates shall in all cases be arranged under the

title of the office for which they are candidates, and be

printed thereunder in the order determined by the casting of

lots as provided by this act. Under the title of such offices

where more than one candidate is to be voted for, shall be

printed "Vote for not more than ........" (the blank space to

indicate the number of candidates to be voted for the particular

office.) At the right of the name of each candidate there shall

be a square of sufficient size for the convenient insertion of a

cross (x) or check ( ) mark. There shall be left at the end of

the list of candidates for each office (or under the title of

the office itself in case there be no candidates who have filed

nomination petitions therefor) as many blank spaces as there are

persons to be voted for, for such office, in which space the

elector may insert, by writing or stamping, the name of any

person whose name is not printed on the ballot as a candidate

for such office. Opposite or under the name of each candidate,

except candidates for the office of President of the United

States and candidates for delegate or alternate delegate to a

National Party Convention, who is to be voted for by the

electors of more than one county, shall be printed the name of

the county in which such candidate resides; and opposite or

under the name of each candidate except candidates for delegate

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or alternate delegate to a National Party Convention who is to

be voted for by the electors of an entire county or any

congressional, senatorial or representative district within the

county, shall be printed the name of the city, borough, township

or ward, as the case may be, in which such candidate resides.

* * *

Section 1003. Form of Official Election Ballot.--

(a) The official ballots for general, municipal and special

elections shall be in substantially the following form:

OFFICIAL BALLOT

....................... District, ........................ Ward,

City of ........................, County of ...................,

State of Pennsylvania ..........................................

Election held on the .......... day of ................, [19]

20.....

A cross (X) or check ( ) mark in the square opposite the name of

any candidate indicates a vote for that candidate.

[To vote a straight party ticket, mark a cross (X) or check

( ) in the square, in the Party Column, opposite the name of the

party of your choice. To vote for an individual candidate of

another party after making a mark in the party square, mark a

cross (X) or check ( ) opposite his name. For an office where

more than one candidate is to be voted for, the voter, after

marking in the party square, may divide his vote by marking a

cross (X) or check ( ) to the right of each candidate for whom

he or she desires to vote. For such office votes shall not be

counted for candidates not individually marked.]

To vote for a person whose name is not on the ballot, write[,

print or paste] or stamp his name in the blank space provided

for that purpose. A cross (X) or check ( ) mark in the square

opposite the names of the candidates of any party for President

and Vice-President of the United States indicates a vote for all

the candidates of that party for presidential elector. To vote

for individual candidates for presidential elector, write[,

print or paste] or stamp their names in the blank spaces

provided for that purpose under the title "Presidential

Electors." Mark ballot only in black lead pencil, indelible

pencil or blue, black or blue-black ink, in fountain pen or ball

point pen; use the same pencil or pen for all markings you place

on the ballot.

Before leaving the voting compartment, fold this ballot,

without displaying the markings thereon, in the same way it was

folded when received, then leave the compartment and exhibit the

ballot to one of the election officers who shall ascertain by an

inspection of the number appearing upon the right hand corner of

the back of the ballot whether the ballot so exhibited to him is

the same ballot which the elector received before entering the

voting compartment. If it is the same, the election officer

shall direct the elector, without unfolding the ballot, to

remove the perforated corner containing the number, and the

elector shall immediately deposit the ballot in the ballot box.

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Any ballot deposited in a ballot box at any primary or election

without having the said number torn off shall be void and shall

not be counted.

[Party Column Presidential Electors

To Vote a Straight Party Ticket

Mark a Cross (X) or Check ( ) in

this Column.

(Vote for the candidates of

one party for President and

Vice-President, or insert the

names of candidates.)

Democratic

For

John Stiles

and

Richard Doe,

Democratic ...................

Republican

For

John Doe

and

Richard Roe,

Republican ...................

Socialist

For

John Smith

and

William Jones,

Socialist ....................

Citizens]

Presidential Electors.

(Vote for the candidates of one party for President and Vice

President, or insert the names of candidates)

For

John Stiles and Richard Doe......................... Democratic

For

John Doe and Richard Roe............................ Republican

For

John Smith and William Jones......................... Socialist

For

........................ Citizens

United States Senator.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Governor.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Representatives in Congress,

....... District.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

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Senator in the General Assembly,

....... District.

(Vote for one)

John Doe ............................................ Democratic

Richard Roe ......................................... Republican

* * *

(e) There shall be left at the end of the group of

candidates for President and Vice-President of the United States

under the title "Presidential Electors," as many blank spaces as

there are presidential electors to be elected, in which spaces

the elector may insert, by writing or stamping, the names of any

individual candidates for presidential electors for whom he

desires to vote. There shall also be left at the end of each

group of candidates for each other office (or under the title of

the office itself in case no candidates have been nominated

therefor), as many blank spaces as there are persons to be voted

for for such office, in which space the elector may insert the

name of any person or persons whose name is not printed on the

ballot as a candidate for such office.

* * *

Section 1007. Number of Ballots to Be Printed; Specimen

Ballots.--(a) The county board of each county shall provide for

each election district [in which a primary is to be held, one

book of fifty official ballots of each party for every forty-

five registered and enrolled electors of such party and fraction

thereof, appearing upon the district register, and shall provide

for each election district in which an election is to be held

one book of fifty official ballots for every forty-five

registered electors and fraction thereof appearing upon the

district register. They] a supply of official election ballots

for:

(1) the general primary election held in even-numbered years

in which candidates for the office of President of the United

States are not nominated in an amount of at least ten per centum

greater than the highest number of ballots cast in the election

district in any of the previous three general primary elections

at which candidates for the office of President of the United

States were not nominated;

(2) the general primary election held in even-numbered years

in which candidates for the office of President of the United

States are nominated in an amount of at least fifteen per centum

greater than the highest number of ballots cast in the election

district in any of the previous three general primary elections

at which candidates for the office of President of the United

States were nominated;

(3) the municipal primary election held in odd-numbered

years in an amount of at least ten per centum greater than the

highest number of ballots cast in any of the previous three

municipal primary elections in the election district;

(4) the general election held in even-numbered years in

which candidates for the office of President of the United

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States are not elected in an amount of at least ten per centum

greater than the highest number of ballots cast in the election

district in any of the previous three general elections at which

candidates for the office of President of the United States were

not elected;

(5) the general election held in even-numbered years in

which candidates for the office of President of the United

States are elected in an amount of at least fifteen per centum

greater than the highest number of ballots cast in the election

districts in any of the previous three general elections at

which candidates for the office of President of the United

States were elected; and

(6) the municipal election held in odd-numbered years in an

amount of at least ten per centum greater than the highest

number of ballots cast in any of the previous three municipal

elections in the election district.

(b) The county board of each county shall also, in addition

to the number of ballots required to be printed for general

distribution, maintain a sufficient supply of such ballots at

the office of the county board for the use of absentee electors

or mail-in electors and for the use of any district, the ballots

for which may be lost, destroyed or stolen. They shall also

cause to be printed on tinted paper, and without the facsimile

endorsements, permanent binding or stubs, copies of the form of

ballots provided for each polling place at each primary or

election therein, which shall be called specimen ballots, and

which shall be of the same size and form as the official

ballots, and at each election they shall deliver to the election

officers, in addition to the official ballots to be used at such

election, a suitable supply of specimen ballots for the use of

the electors. At each primary, a suitable supply of specimen

ballots of each party shall be furnished.

Section 1107. Requirements of Voting Machines.--No voting

machine shall, upon any examination or reexamination, be

approved by the Secretary of the Commonwealth, or by any

examiner appointed by him, unless it shall, at the time, satisfy

the following requirements:

* * *

[(b) It shall permit each voter, at other than primary

elections, to vote a straight political party ticket in one

operation, and, in one operation, to vote for all the candidates

of one political party for presidential electors, and, in one

operation, to vote for all the candidates of one political party

for every office to be voted for, except those offices as to

which he votes for individual candidates.]

* * *

Section 1110. Form of Ballot Labels on Voting Machines.--

* * *

(h) The names of all candidates of a political party shall

appear in the same row or column, and except in cases of names

of presidential commitments of nominees for delegate or

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alternate delegate to political party National conventions no

other names shall appear in the same row or column[, to the left

or top of which shall be a straight party lever, by means of

which an elector may, in one operation, vote for all the

candidates of that political party for every office to be voted

for]. Where the names of the delegate or alternate delegate and

the presidential candidate he is supporting shall both appear,

the print size of the name of the delegate or alternate delegate

shall be equal to the size of the name of the particular

presidential candidate to whom he is committed, or in the case

where he is uncommitted, the word "uncommitted" shall appear in

the same size print. The names of such candidates shall be

arranged under or opposite the title of the office for which

they are candidates, and shall appear in the order of the votes

obtained by the candidate for Governor of the party nominated at

the last gubernatorial election, beginning with the party

obtaining the highest number of votes: Provided, however, That

in the case of parties or bodies not represented on the ballot

at the last gubernatorial election, the names of the candidates

of such parties shall be arranged alphabetically, according to

the party or body name. The names of all candidates of a

political body shall appear in the same row or column, and, if

the number of parties and bodies permits, each political body

shall be entitled exclusively to a separate row or column[, with

a straight party lever]. If, however, the number of political

parties and political bodies renders it impossible or

impracticable to so arrange the political bodies, in such case

said bodies shall not be entitled to a separate row or column

[and a straight party lever], but shall be listed by political

appellations on the first left hand or top row, with the

designating letter and number of the ballot label where their

candidates may be found, together with the political

appellations of other political bodies, whose candidates may be

interspersed on the same row or column. Subject to the aforesaid

limitations, the form and arrangement of ballot labels, as to

the placing thereon of political bodies, shall be within the

discretion of the county board.

* * *

Section 1107-A. Requirements of Electronic Voting Systems.--

No electronic voting system shall, upon any examination or

reexamination, be approved by the Secretary of the Commonwealth,

or by any examiner appointed by him, unless it shall be

established that such system, at the time of such examination or

reexamination:

* * *

[(3) Permits each voter, at other than primary elections, to

vote a straight political party ticket by one mark or act and,

by one mark or act, to vote for all the candidates of one

political party for presidential electors and, by one mark or

act, to vote for all the candidates of one political party for

every office to be voted for, and every such mark or act shall

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be equivalent to and shall be counted as a vote for every

candidate of the political party so marked including its

candidates for presidential electors, except with respect to

those offices as to which the voter has registered a vote for

individual candidates of the same or another political party or

political body, in which case the automatic tabulating equipment

shall credit the vote for that office only for the candidate

individually so selected, notwithstanding the fact that the

voter may not have individually voted for the full number of

candidates for that office for which he was entitled to vote.]

* * *

Section 1109-A. Forms.--(a) * * *

(2) The pages placed on the voting device shall be of

sufficient number to include, following the listing of

particular candidates, the names of candidates for any

nonpartisan offices and any measures for which a voter may be

qualified to vote on a given election day, provided further that

for municipal, general or special elections, the first ballot

page shall list in the order that such political parties are

entitled to priority on the ballot, the names of such political

parties [with designating arrows so as to indicate the voting

square or position on the ballot card where the voter may insert

by one mark or punch the straight party ticket of his choice].

* * *

[(d) In partisan elections the ballot cards shall include a

voting square or position whereby the voter may by one punch or

mark record a straight party ticket vote for all the candidates

of one party or may vote a split ticket for the candidates of

his choice.]

* * *

Section 1112-A. Election Day Procedures and the Process of

Voting.--(a) In an election district which uses an electronic

voting system in which votes are registered electronically, the

following procedures will be applicable for the conduct of the

election at the election district:

* * *

(2) At [primary] all elections, the voter shall be able to

vote for each candidate individually by the means provided. [At

all other elections, he may vote for each candidate

individually, or he may vote a straight political party ticket

in one operation by operating the straight political party

mechanism of the political party or political body of his

choice. He may also, after having operated the straight party

mechanism and before recording his vote, cancel the vote for any

candidate of such political party or political body and may

thereupon vote for a candidate of another party, or political

body for the same office.] The voter may also vote individually

for or against a question submitted to the vote of the electors.

* * *

(4) At any general election at which presidential electors

are to be chosen, each elector shall be permitted to vote by one

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operation for all the presidential electors of a political party

or political body. For each party or body nominating

presidential electors, a ballot label shall be provided

containing only the words "Presidential Electors," preceded by

the names of the party or body and followed by the names of the

candidates thereof for the Office of President and Vice-

President, and the corresponding counter or registering device

shall register votes cast for said electors when thus voted for

collectively. If any elector desires to vote a ticket for

presidential electors made up of the names of persons nominated

by different parties or bodies, or partially of names of persons

so in nomination and partially of names of persons not in

nomination by any party or body, he may write or deposit a paper

ballot prepared by himself in the receptacle provided in or on

the voting device for that purpose, or he may list their names

on the write-in ballot or envelope provided for that purpose.

The voting device shall be so constructed that it will not be

possible for any one voter to vote a straight party ticket for

presidential electors and at the same time to deposit a ballot

for presidential electors in a receptacle as [hereinabove]

provided in this section. When the votes for presidential

electors are counted, the votes appearing upon the counter or

registering device corresponding to the ballot label containing

the names of the candidates for President and Vice-President of

any party or body shall be counted as votes for each of the

candidates for presidential elector of such party or body, and

thereupon all candidates for presidential elector shall be

credited, in addition, with the votes cast for them upon the

ballots deposited in the machine, as [hereinabove] provided in

this section.

* * *

(b) In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

* * *

(4) If the voter desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check

( ) or punch or mark sense mark in the square opposite the name

of the party or political body so marked, including its

candidates for presidential electors, except for those offices

as to which he has indicated a choice for individual candidates

of the same or another party or political body, by making a

cross (X) or check ( ) or punch or mark sense mark opposite

their names in the manner hereinabove provided, as to which

offices his ballot shall be counted only for the candidates

which he has thus individually marked, notwithstanding the fact

that he made a mark in the party column, and even though in the

case of an office for which more than one candidate is to be

2019/90MSP/SB0421A03300 - 13 -

voted for, he has not individually marked for such office the

full number of candidates for which he is entitled to vote. If

he desires to vote for the entire group of presidential electors

nominated by any party or political body, he may make a cross

(X) or check ( ) or punch or mark sense mark in the appropriate

space opposite the names of the candidates for President and

Vice-President of such party or body. If he desires to vote a

ticket for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert, by writing or stamping, the

names of the candidates for presidential electors for whom he

desires to vote in the blank spaces provided therefor on the

write-in ballot under the title of the office "Presidential

Electors". In case of a question submitted to the vote of the

electors, he may make a cross (X) or check ( ) or punch or mark

sense mark in the appropriate square opposite the answer which

he desires to give.

* * *

Section 1113-A. Post Election Procedures.--* * *

(d) In returning any votes cast for any person whose name is

not printed on the official ballot, the election officers shall

record any such names exactly as they were written[, stamped or

applied to the ballot by sticker] or stamped.

* * *

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(a.4) (1) At all elections an individual who claims to be

properly registered and eligible to vote at the election

district but whose name does not appear on the district register

and whose registration cannot be determined by the inspectors of

election or the county election board shall be permitted to cast

a provisional ballot. Individuals who appear to vote shall be

required to produce proof of identification pursuant to

subsection (a) and if unable to do so shall be permitted to cast

a provisional ballot. An individual presenting a judicial order

to vote shall be permitted to cast a provisional ballot. An

elector who appears to vote on election day having requested an

absentee ballot or mail-in ballot and who is not shown on the

district register as having voted an absentee ballot or mail-in

ballot shall be permitted to cast a provisional ballot.

* * *

(5) * * *

(ii) A provisional ballot shall not be counted if:

(A) either the provisional ballot envelope under clause (3)

or the affidavit under clause (2) is not signed by the

individual;

(B) the signature required under clause (3) and the

2019/90MSP/SB0421A03300 - 14 -

signature required under clause (2) are either not genuine or

are not executed by the same individual;

envelope;

(D) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

election the elector fails to appear before the county board of

elections to execute an affirmation or the county board of

elections does not receive an electronic, facsimile or paper

copy of an affirmation affirming, under penalty of perjury, that

the elector is the same individual who personally appeared

before the district election board on the day of the election

and cast a provisional ballot and that the elector is indigent

and unable to obtain proof of identification without the payment

of a fee; or

(E) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the elector fails to appear before the county board of

elections to present proof of identification and execute an

affirmation or the county board of elections does not receive an

electronic, facsimile or paper copy of the proof of

identification and an affirmation affirming, under penalty of

perjury, that the elector is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot.

(F) The elector's absentee ballot or mail-in ballot is

timely received by a county board of elections

* * *

Section 1215. Method of Marking Ballots and Depositing Same

in Districts in Which Ballots are Used.--* * *

(b) At primaries, the elector shall prepare his ballot in

the following manner: He shall vote for the candidates of his

choice for nomination or election, according to the number of

persons to be voted for by him, for each office, by making a

cross (X) or check ( ) mark in the square opposite the name of

the candidate, or he may insert by writing[,] or stamping [or

sticker,] in the blank space provided therefor, any name not

already printed on the ballot, and such insertion shall count as

a vote without the making of a cross (X) or check ( ) mark. In

districts in which paper ballots or ballot cards are

electronically tabulated, stickers or labels may not be used to

mark ballots.

the following manner: He may vote for the candidates of his

choice for each office to be filled according to the number of

persons to be voted for by him for each office, by making a

cross (X) or check ( ) mark in the square opposite the name of

the candidate, or he may insert by writing[,] or stamping [or

sticker,] in the blank spaces provided therefor, any name not

already printed on the ballot, and such insertion shall count as

a vote without the making of a cross (X) or check ( ) mark. In

2019/90MSP/SB0421A03300 - 15 -

districts in which paper ballots or ballot cards are

electronically tabulated, stickers or labels may not be used to

mark ballots. If he desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check

( ) mark in the square opposite the name of the party or

political body of his choice in the party column on the left of

the ballot, and every such cross (X) or check ( ) mark shall be

equivalent to and be counted as a vote for every candidate of a

party or political body so marked, including its candidates for

presidential electors, except for those offices as to which he

has indicated a choice for individual candidates of the same or

another party or political body, by making a cross (X) or check

( ) mark opposite their names in the manner hereinabove

provided, as to which offices his ballot shall be counted only

for the candidates which he has thus individually marked,

notwithstanding the fact that he made a mark in the party

column, and even though in the case of an office for which more

than one candidate is to be voted for, he has not individually

marked for such office the full number of candidates for which

he is entitled to vote. If he desires to vote for the entire

group of presidential electors nominated by any party or

political body, he may make a cross (X) or check ( ) mark in the

appropriate square at the right of the names of the candidates

for President and Vice-President of such party or body. If he

desires to vote a ticket for presidential electors made up of

the names of persons nominated by different parties or political

bodies, or partially of names of persons so in nomination and

partially of names of persons not in nomination by any party or

political body, or wholly of names of persons not in nomination

by any party or political body, he shall insert, by writing or

stamping, the names of the candidates for presidential electors

for whom he desires to vote in the blank spaces provided

therefor under the title of the office "Presidential Electors."

In case of a question submitted to the vote of the electors, he

may make a cross (X) or check ( ) mark in the appropriate square

opposite the answer which he desires to give.

* * *

Section 1216. Instructions of Voters and Manner of Voting in

Districts in Which Voting Machines are Used.--

* * *

(d) At [primaries, he] all elections, the elector shall vote

for each candidate individually by operating the key, handle,

pointer or knob, upon or adjacent to which the name of such

candidate is placed. [At elections, he may vote for each

candidate individually by operating the key, handle, pointer or

knob, upon or adjacent to which the names of candidates of his

choice are placed, or he may vote a straight political party

ticket in one operation by operating the straight political

party lever of the political party or political body of his

2019/90MSP/SB0421A03300 - 16 -

choice, if such machine has thereon a separate lever for all the

candidates of the political body. He may also, after having

operated the straight party lever, and before recording his

vote, cancel the vote for any candidate of such political party

or political body by replacing the individual key, handle,

pointer or knob of such candidate, and may thereupon vote for a

candidate of another party, or political body for the same

office by operating the key, handle, pointer or knob, upon or

adjacent to which the name of such candidate appears.] In the

case of a question submitted to the vote of the electors, the

elector shall operate the key, handle, pointer or knob

corresponding to the answer which he desires to give.

* * *

(f) At any general election at which presidential electors

are to be chosen, each elector shall be permitted to vote by one

operation for all the presidential electors of a political party

or political body. For each party or body nominating

presidential electors, a ballot label shall be provided

containing only the words "Presidential Electors," preceded by

the names of the party or body and followed by the names of the

candidates thereof for the office of President and Vice-

President, and the corresponding counter or registering device

shall register votes cast for said electors when thus voted for

collectively. If an elector desires to vote a ticket for

presidential electors made up of the names of persons nominated

by different parties or bodies, or partially of names of persons

so in nomination and partially of names of persons not in

nomination by any party or body, or wholly of names of persons

not in nomination by any party or body, he may write or deposit

a paper ballot prepared by himself in the receptacle provided in

or on the machine for the purpose. The machine shall be so

constructed that it will not be possible for any one voter to

vote a straight party ticket for presidential electors and at

the same time to deposit a ballot for presidential electors in a

receptacle as [hereinabove] provided in this section. When the

votes for presidential electors are counted, the votes appearing

upon the counter or registering device corresponding to the

ballot label containing the names of the candidates for

President and Vice-President of any party or body shall be

counted as votes for each of the candidates for presidential

elector of such party or body, and thereupon all candidates for

presidential elector shall be credited, in addition, with the

votes cast for them upon the ballots deposited in the machine,

as [hereinabove] provided in this section.

* * *

Section 1222. Count and Return of Votes in Districts in

Which Ballots are Used.--

(a) As soon as all the ballots have been properly accounted

for, and those outside the ballot box, as well as the "Voting

Check List," numbered lists of voters and district register

sealed, the election officers shall forthwith open the ballot

2019/90MSP/SB0421A03300 - 17 -

box, and take therefrom all ballots therein, and at primaries,

separate the same according to the party to which they belong.

The ballots shall then be counted one by one, and a record made

of the total number, and at primaries of the total number cast

for each party. Then the judge, under the scrutiny of the

minority inspector, or the minority inspector, under the

scrutiny of the judge, in the presence of the other officers,

clerks, and of the overseers, if any, and within the hearing and

sight of the watchers outside the enclosed space, shall read

aloud the names of the candidates marked or inserted upon each

ballot (at primaries the ballots of each party being read in

sequence), together with the office for which the person named

is a candidate, and the answers contained on the ballots to the

questions submitted, if any, and the majority inspector and

clerks shall carefully enter each vote as read, and keep account

of the same in ink in triplicate tally papers (triplicate tally

papers for each party at primaries) to be provided by the county

board of elections for that purpose, all three of which shall be

made at the same time.[: Provided, That at all general,

municipal and special elections, in entering each vote received

by candidates at such election, it shall not be necessary to

enter separate tally marks for each vote received by such

candidates upon the ballots containing the same votes for the

same names, commonly known, and in this act designated as

"Straight Party Tickets" for such purpose straight party ticket

votes shall be entered carefully as each straight party ticket

vote is read on the triplicate tally sheets under the heading

"Number of votes received upon

the .............................. straight party tickets." Upon

completing the number of votes received by each straight party

ticket, the number so tallied for each party shall be entered

numerically on the extreme right hand margin of each such tally

paper.] All ballots, after being removed from the box, shall be

kept within the unobstructed view of all persons in the voting

room until replaced in the box. No person while handling the

ballots shall have in his hand any pencil, pen, stamp or other

means of marking or spoiling any ballot. The election officers

shall forthwith proceed to canvass and compute the votes cast,

and shall not adjourn or postpone the canvass or computation

until it shall have been fully completed.

(b) When the vote cast for the different persons named upon

the ballots and upon the questions, if any, appearing thereon,

shall have been fully recorded in the tally papers and counted,

the election officers shall duly certify to the number of votes

cast for each person (upon the respective party tickets at

primaries), and shall prepare in ink two (2) general returns,

showing, in addition to the entries made thereon as aforesaid,

the total number of ballots received from the county board (the

total of each party at primaries), the number of ballots cast

(the number of each party at primaries), the number of ballots

(of each party at primaries) declared void, and the number of

2019/90MSP/SB0421A03300 - 18 -

ballots spoiled and cancelled, and any blank ballots cast, as

well as the votes cast for each candidate. At elections, the

number of votes cast for each candidate by each political party

or political body of which such candidate is a nominee shall be

separately stated.[: Provided, That the number of votes received

by each set of candidates upon "straight party tickets" shall be

entered opposite the names of the respective candidates in a

column immediately adjoining upon the left which column shall be

of convenient width and shall be headed "number of votes

received upon straight party tickets."] In an immediate column

to the left thereto, the number of votes received by each

candidate upon all ballots [other than "straight party tickets"

including all ballots known as "split tickets"] shall be

entered, such column to be of convenient width and shall be

headed "number of votes [received other than upon straight party

tickets." The number of votes received by each candidate as

shown in the column headed "number of votes received upon

straight party tickets" shall then be added, together with the

number of votes received by each candidate as shown in the

column headed "number of votes received other than upon straight

party tickets" and thereupon, the] received." The total number

of votes received by each candidate shall be entered in a column

on the extreme right-hand side of the return sheets, which

column shall be of convenient width and shall be headed "total

number of votes."

Nothing in this section contained shall be construed to

authorize or permit the canvassing, counting or tallying ballots

with any less degree of strictness than otherwise required by

law.[, the intention of this section being to dispense with the

individual tally marks only so far as the so-called "straight

party tickets" are concerned, and all other operations of

tallying, counting, canvassing and announcing the votes shall

proceed as near as may be in accordance with the other

provisions of this act.]

not printed on the ballot, the election officers shall record

any such names exactly as they were written[,] or stamped [or

applied to] upon the ballot [by sticker]. In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots. A vote cast

by means of a sticker or label affixed to a ballot or ballot

card shall be void and may not be counted.

Section 1223. What Ballots Shall Be Counted; Manner of

Counting; Defective Ballots.--(a) No ballot which is so marked

as to be capable of identification shall be counted. Any ballot

that is marked in blue, black or blue-black ink, in fountain pen

or ball point pen, or black lead pencil or indelible pencil,

shall be valid and counted: Provided, That all markings on the

ballot are made by the same pen or pencil. Any ballot marked by

any other mark than an (X) or check ( ) in the spaces provided

for that purpose shall be void and not counted: Provided,

2019/90MSP/SB0421A03300 - 19 -

however, That no vote recorded thereon shall be declared void

because a cross (X) or check ( ) mark thereon is irregular in

form. [Any erasure, mutilation or defective marking of the

straight party column at November elections shall render the

entire ballot void, unless the voter has properly indicated his

choice for candidates in any office block, in which case the

vote or votes for such candidates only shall be counted.] Any

erasure or mutilation in the vote in any office block shall

render void the vote for any candidates in said block, but shall

not invalidate the votes cast on the remainder of the ballot, if

otherwise properly marked. Any ballot indicating a vote for any

person whose name is not printed on the ballot, by writing[,

stamping or sticker] or stamping, shall be counted as a vote for

such person, if placed in the proper space or spaces provided

for that purpose, whether or not an (X) or check ( ) is placed

after the name of such person: Provided, however, That if such

writing[, stamping or sticker] or stamping is placed over the

name of a candidate printed on the ballot, it shall render the

entire vote in said office block void. In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots. A vote cast

by means of a sticker or label affixed to a ballot or ballot

card shall be void and may not be counted. If an elector shall

mark his ballot for more persons for any office than there are

candidates to be voted for for such office, or if, for any

reason, it may be impossible to determine his choice for any

office, his ballot shall not be counted for such office, but the

ballot shall be counted for all offices for which it is properly

marked. Ballots not marked, or improperly or defectively marked,

so that the whole ballot is void, shall be set aside and shall

be preserved with the other ballots.

* * *

Section 1227. Canvass and Return of Votes in Districts in

Which Voting Machines are Used.--* * *

(d) The election officers, on the foregoing returns, shall

record any votes which have been cast for a person whose name is

not printed on the ballot labels, by means of an irregular

ballot, as defined herein. In returning any such votes which

have been written[,] or deposited [or affixed] upon receptacles

or devices provided for the purpose, the election officers shall

record any such names exactly as they were written[,] or

deposited [or affixed].

Section 4. The act is amended by adding sections to read:

Section 1231. Deadline for Receipt of Valid Voter

Registration Application.--(a) Except as provided under

subsection (b), each commission, commissioner and registrar or

clerk appointed by the commission shall receive, during ordinary

business hours and during additional hours as the commission

prescribes, at the office of the commission and at additional

places as the commission designates, applications from

individuals who apply to be registered to vote as provided under

2019/90MSP/SB0421A03300 - 20 -

25 Pa.C.S. Part IV (relating to voter registration) who appear

and claim that they are entitled to be registered as electors of

a municipality.

(b) In the administration of voter registration, each

commission shall ensure that an applicant who is a qualified

elector is registered to vote in an election when the applicant

has met any of the following conditions:

(1) In the case of voter registration with a motor vehicle

driver's license application under 25 Pa.C.S. § 1323 (relating

to application with driver's license application), if the valid

voter registration application is received by the appropriate

commission not later than fifteen days before the election.

(2) (Reserved).

(3) In the case of voter registration at a voter

registration agency under 25 Pa.C.S. § 1325 (relating to

government agencies), if the valid voter registration

application is received by the appropriate commission not later

than fifteen days before the election.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission not later than fifteen days before the election.

congressional, senatorial or representative district held on a

day other than the day of a primary, general or municipal

election, the registration application forms shall not be

processed in the wards and election districts comprising the

district for the fifteen days prior to the special election for

such election.

(2) No applications shall be received as follows:

(i) On Sundays.

(ii) On holidays.

(iii) On the day of the election.

(iv) During the fifteen days next preceding each general,

municipal and primary election except as provided under

subsection (b).

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Commission" shall mean a registration commission established

under 25 Pa.C.S. § 1203 (relating to commissions).

"Commissioner" shall mean a member of a commission.

Section 1232. Appeals.--(a) An individual whose application

to be registered has been denied may file with the commission a

petition to be registered, setting forth the grounds of the

petition under oath or affirmation. The petition must be filed

by the eighth day prior to an election.

(b) (1) The commission shall fix a time for a public

hearing at its office not later than the fifth day prior to the

election.

(2) The commission shall give the person responsible for the

rejection forty-eight hours' notice of the hearing.

2019/90MSP/SB0421A03300 - 21 -

(3) At the hearing, a clerk, inspector of registration or

qualified elector of the county may offer evidence as to why the

petitioner should not be registered.

(4) The commission, if satisfied that the petitioner is

entitled to be registered, shall direct registration.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Commission" shall mean a registration commission established

under 25 Pa.C.S. § 1203 (relating to commissions).

Section 1233. Appeals to Court of Common Pleas.--(a) An

applicant whose claim for registration under section 1231 and 25

Pa.C.S. Part IV (relating to voter registration) has been denied

shall have standing to appeal an action of a commission to the

appropriate court of common pleas.

(b) An appeal under subsection (a) must be made by the third

day preceding an election.

for relief.

(d) Upon timely receipt of an appeal under this section, the

court shall conduct a hearing.

(e) If the court finds that an injustice has been done, the

court shall reverse or modify the ruling of the commission and

issue appropriate injunctive relief.

(f) The following shall apply:

(1) Except as provided in paragraph (2), the court may award

costs for the appeal to the prevailing party.

(2) Costs may not be assessed against a commission or a

county.

(e) As used in this section, "commission" shall mean a

registration commission established under 25 Pa.C.S. § 1203

(relating to commissions).

Section 5. Section 1302(c), (d), (e.1) and (i) of the act

are amended and the section is amended by adding a subsection to

read:

Section 1302. Applications for Official Absentee Ballots.--*

* *

section 1301(a), (b), (c), (d), (e), (f), (g) and (h), for an

official absentee ballot in any primary or election may not be

made over the signature of any person, other than the qualified

elector or an adult member of his immediate family, as required

in the preceding subsection.] A qualified absentee military or

overseas elector, as defined by the Uniformed and Overseas

Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),

may submit his application for an official absentee ballot by

[facsimile method if the original application is received prior

to the election by the county election office. The absentee

ballot of the qualified military or overseas elector shall not

be counted unless the elector's original application is received

prior to the election by the county election office. The

2019/90MSP/SB0421A03300 - 22 -

facsimile] electronic transmission method. The electronic

transmission method shall not be acceptable for the official

absentee ballot. As used in this subsection, "electronic

transmission method" means any technology that can transmit a

document or an image of a document via electronic or

electromechanical means, including, but not limited to,

facsimile method. An elector entitled to submit an application

for an official absentee ballot under a method authorized under

25 Pa.C.S. Ch. 35 (relating to uniform military and overseas

voters) may submit an application using a method authorized

under 25 Pa.C.S. Ch. 35, in addition to the methods authorized

in this article.

(d) The application of any qualified elector, as defined in

preceding section 1301, subsections [(b)] (a) to (h), inclusive,

for an official absentee ballot in any primary or election shall

be signed by the applicant[.], except that for electors under

section 1301(a), an adult member of the applicant's immediate

family may sign the application on the elector's behalf.

* * *

(e.1) Any qualified registered elector[, including any

qualified bedridden or hospitalized veteran,] who is unable

because of illness or physical disability to attend his polling

place on the day of any primary or election or operate a voting

machine and state distinctly and audibly that he is unable to do

so as required by section 1218 of this act may, with the

certification by his attending physician that he 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, be placed on a permanently disabled

absentee ballot list file. An absentee ballot application shall

be mailed to every such person [for each primary or election]

otherwise eligible to receive one, by the first Monday in

February each year, so long as he does not lose his voting

rights by failure to vote as otherwise required by this act.

Such person shall not be required to file a physician's

certificate of disability with each application as required in

subsection (e) of this section [but such person must submit a

written statement asserting continuing disability every four

years in order to maintain his eligibility to vote under the

provisions of this subsection]. Should any such person lose his

disability he shall inform the county board of elections of the

county of his residence. An absentee ballot application mailed

to a voter under this section, which is completed and timely

returned by the voter, 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.

* * *

(i) (1) Application for official absentee ballots shall be

2019/90MSP/SB0421A03300 - 23 -

on physical and electronic forms prescribed by the Secretary of

the Commonwealth. The application shall state that [a voter] an

elector who receives and votes an absentee ballot pursuant to

section 1301 [and who, on election day, is capable of voting at

the appropriate polling place must void the absentee ballot and

vote in the normal manner at the appropriate voting place] shall

not be eligible to vote at a polling place on election day. Such

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 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

absentee ballots shall be retained by the county board of

elections.

(2) Nothing in this act shall prohibit a private

organization or individual from printing blank voter

applications for absentee ballots or shall prohibit the use of

such applications by another individual, provided the form,

content and paper quality have been approved by the Secretary of

the Commonwealth.

* * *

(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 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 5.1. Sections 1302.1, 1302.2, 1302.3 heading, (a)

and (c), 1303(d) and (e) and 1305(b) of the act are amended to

read:

Section 1302.1. Date of Application for Absentee Ballot.--

(a) Except as provided in [subsections (a.1) and (a.2)]

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

[and], 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 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.

[(a.1) Except as provided in subsection (a.2), in the event

any elector otherwise qualified who is so physically disabled or

ill on or before the first Tuesday prior to any primary or

2019/90MSP/SB0421A03300 - 24 -

election that he is unable to file his application or who

becomes physically disabled or ill after the first Tuesday prior

to any primary or election and is unable to appear at his

polling place or any elector otherwise qualified who because of

the conduct of his business, duties or occupation will

necessarily be absent from the municipality of his residence on

the day of the primary or election, which fact was not and could

not reasonably be known to said elector on or before the first

Tuesday prior to any primary or election, the elector shall be

entitled to an absentee ballot at any time prior to five o'clock

P.M. on the first Friday preceding any primary or election upon

execution of an Emergency Application in such form prescribed by

the Secretary of the Commonwealth.

(a.2) In the event any elector otherwise qualified who

becomes so physically disabled or ill between five o'clock P.M.

on the first Friday preceding any primary or election and eight

o'clock P.M. on the day of any primary or election that he is

unable to appear at his polling place or any elector otherwise

qualified who because of the conduct of his business, duties or

occupation will necessarily be absent from the municipality of

his residence on the day of the primary or election, which fact

was not and could not reasonably be known to said elector prior

to five o'clock P.M. on the first Friday preceding any primary

or election, the elector shall be entitled to an absentee ballot

if the elector completes and files with the court of common

pleas in the county in which the elector is qualified to vote an

Emergency Application or a letter or other signed document,

which includes the same information as is provided on the

Emergency Application. Upon a determination that the elector is

a qualified absentee elector under section 1301, the judge shall

issue an absentee ballot to the elector.]

(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 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 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 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

2019/90MSP/SB0421A03300 - 25 -

first Tuesday prior to the day of the primary or election.

(2) An elector described in paragraph (1) may submit an

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

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).

(3) If the county board of elections determines that the

elector meets the requirements of this section, the board shall

issue an absentee ballot to the elector.

(4) If the elector is unable to appear [in court] at the

office of the county board of elections to receive the ballot,

the [judge] 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 the office of the county board of

elections, [who] which shall [distribute] retain the ballot,

unopened, [to the absentee voter's election district] until the

canvassing of all absentee ballots.

(5) Multiple people qualified under this subsection may

designate the same person, and a single person may serve as the

authorized representative for multiple qualified electors.

(6) If the elector is unable to appear [in court] 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

[shall] of the court of 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 the county board of elections[, who shall

distribute the ballots, unopened, to the absentee voter's

respective election district]. 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.

(7) In the case of an elector who requires assistance in

marking the elector's ballot, the elector shall designate in

writing the person who will assist in marking the ballot. Such

person shall be otherwise eligible to provide assistance to

electors eligible for assistance, and such person shall declare

2019/90MSP/SB0421A03300 - 26 -

in writing that assistance was rendered. Any person other than

the designee who shall render assistance in marking a ballot or

any person rendering assistance who shall fail to execute a

declaration shall be guilty of a violation of this act.

(8) No absentee ballot under this subsection shall be

counted which is received in the office of the county board of

elections later than [eight o'clock P.M. on the day of the

primary or election] the deadline for its receipt as provided in

section 1308(g).

(b) In the case of an elector whose application for an

absentee ballot is received by the office of the county board of

elections earlier than fifty (50) days before the primary or

election, the application shall be held and processed upon

commencement of the fifty-day period or at such earlier time as

the county board of elections determines may be appropriate.

[(c) In the case of an elector who is physically disabled or

ill on or before the first Tuesday prior to a primary or

election or becomes physically disabled or ill after the first

Tuesday prior to a primary or election, such Emergency

Application, letter or other signed document shall contain a

supporting affidavit from his attending physician stating that

due to physical disability or illness said elector was unable to

apply for an absentee ballot on or before the first Tuesday

prior to the primary or election or became physically disabled

or ill after that period.

(d) In the case of an elector who is necessarily absent

because of the conduct of his business, duties or occupation

under the unforeseen circumstances specified in subsections

(a.1) and (a.2), such Emergency Application, letter or other

signed document shall contain a supporting affidavit from such

elector stating that because of the conduct of his business,

duties or occupation said elector will necessarily be absent

from the municipality of his residence on the day of the primary

or election which fact was not and could not reasonably be known

to said elector on or before the first Tuesday prior to the

primary or election.]

Section 1302.2. Approval of Application for Absentee

Ballot.--

(a) The county board of elections, upon receipt of any

application filed by a qualified elector not required to be

registered under preceding section 1301, shall ascertain from

the information on such application, district register or from

any other source that such applicant possesses all the

qualifications of a qualified elector other than being

registered or enrolled. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked approved such approval decision

shall be final and binding except that challenges may be made

only on the ground that the applicant did not possess

qualifications of an absentee elector. Such challenges must be

made to the county board of elections prior to [5:00 o'clock

2019/90MSP/SB0421A03300 - 27 -

P.M. on the first Friday prior to the election.] the applicable

deadline for the absentee ballots to be received, as provided in

section 1308(g). When so approved, the county board of elections

shall cause the applicant's name and residence (and at a

primary, the party enrollment) to be inserted in the Military,

Veterans and Emergency Civilians Absentee Voters File as

provided in section 1302.3, subsection (b): Providing, however,

That no application of any qualified elector in military service

shall be rejected for failure to include on [his] the elector's

application any information if such information may be

ascertained within a reasonable time by the county board of

elections.

(b) The county board of elections, upon receipt of any

application filed by a qualified elector who is entitled, under

the provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting as

provided under preceding section 1301, shall ascertain from the

information on such application or from any other source that

such applicant possesses all the qualifications of a qualified

elector. If the board is satisfied that the applicant is

entitled, under the provisions of the Permanent Registration Law

as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting and that the applicant is qualified to receive an

official absentee ballot, the application shall be marked

"approved." Such approval decision shall be final and binding

except that challenges may be made only on the ground that the

applicant did not possess the qualifications of an absentee

elector prior to or concurrently with the time of voting. Such

challenges must be made to the county board of elections prior

to [5:00 o'clock P.M. on the first Friday prior to the

election.] the applicable deadline for the absentee ballots to

be received, as provided in section 1308(g). When so approved,

the county board of elections shall cause the applicant's name

and residence (and at a primary, the party enrollment) to be

inserted in the Military, Veterans and Emergency Civilian

Absentee Voters File as provided in section 1302.3 subsection

(b).

application of a qualified elector required to be registered

under the provisions of preceding section 1301, shall determine

the qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

application with the information contained on the applicant's

permanent registration card. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked "approved." Such approval

decision shall be final and binding, except that challenges may

be made only on the ground that the applicant did not possess

the qualifications of an absentee elector. Such challenges must

2019/90MSP/SB0421A03300 - 28 -

be made to the county board of elections prior to [5:00 o'clock

P.M. on the first Friday prior to the election.] the applicable

deadline for the absentee ballots to be received, as provided in

section 1308(g). When so approved, the registration commission

shall cause an absentee voter's temporary registration card to

be inserted in the district register on top of and along with

the permanent registration card. The absentee voter's temporary

registration card shall be in the color and form prescribed in

subsection (e) of this section:

Provided, however, That the duties of the county boards of

elections and the registration commissions with respect to the

insertion of the absentee voter's temporary registration card of

any elector from the district register as set forth in section

1302.2 shall include only such applications and emergency

applications as are received on or before the first Tuesday

prior to the primary or election. In all cases where

applications are received after the first Tuesday prior to the

primary or election and before [five o'clock P. M. on the first

Friday prior to] eight o'clock P.M. on the day of the primary or

election, the county board of elections shall determine the

qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

application with the information contained on the applicant's

duplicate registration card on file in the General Register

(also referred to as the Master File) in the office of the

Registration Commission and shall cause the name and residence

(and at primaries, the party enrollment) to be inserted in the

Military, Veterans and Emergency Civilian Absentee Voters File

as provided in section 1302.3, subsection (b). [In addition, the

local district boards of elections shall, upon canvassing the

official absentee ballots under section 1308, examine the voting

check list of the election district of said elector's residence

and satisfy itself that such elector did not cast any ballot

other than the one properly issued to him under his absentee

ballot application. In all cases where the examination of the

local district board of elections discloses that an elector did

vote a ballot other than the one properly issued to him under

the absentee ballot application, the local district board of

elections shall thereupon cancel said absentee ballot and said

elector shall be subject to the penalties as hereinafter set

forth.]

(d) In the event that any application for an official

absentee ballot is not approved by the county board of

elections, the elector shall be notified immediately to that

effect with a statement by the county board of the reasons for

the disapproval. For those 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 absentee ballot requiring the elector to

provide proof of identification with the absentee ballot or the

ballot will not be counted.

2019/90MSP/SB0421A03300 - 29 -

(e) The absentee voter's temporary registration card shall

be in duplicate and the same size as the permanent registration

card, in a different and contrasting color to the permanent

registration card and shall contain the absentee voter's name

and address and shall conspicuously contain the words "Absentee

Voter." [Such card shall also contain the affidavit required by

subsection (b) of section 1306.]

(f) Notwithstanding the provisions of this section, a

qualified absentee elector shall not be required to provide

proof of identification if the elector is entitled to vote by

absentee ballot under the Uniformed and Overseas Citizens

Absentee Voting Act (Public Law 99-410, 100 Stat. 924) or by an

alternative ballot under the Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).

Section 1302.3. Absentee and Mail-in Electors Files and

Lists.--(a) The county board of elections shall maintain at its

office a file containing the duplicate absentee voter's

temporary registration cards of every registered elector to whom

an absentee ballot has been sent. Such duplicate absentee

voter's temporary registration cards shall be filed by election

districts and within each election district in exact

alphabetical order and indexed. The registration cards and the

registration cards under section 1302.3-D so filed shall

constitute the Registered Absentee and Mail-in Voters File for

the Primary or Election of (date of primary or election) and

shall be kept on file for a period commencing the Tuesday prior

to the day of the primary or election until the day following

the primary or election or the day the county board of elections

certifies the returns of the primary or election, whichever date

is later. Such file shall be open to public inspection at all

times subject to reasonable safeguards, rules and regulations.

* * *

chief clerk shall prepare a list for each election district

showing the names and post office addresses of all voting

residents thereof to whom official absentee or mail-in ballots

shall have been issued. Each such list shall be prepared in

duplicate, shall be headed "Persons in (give identity of

election district) to whom absentee or mail-in ballots have been

issued for the election of (date of election)," and shall be

signed by him not less than four days preceding the election. He

shall post the original of each such list in a conspicuous place

in the office of the county election board and see that it is

kept so posted until the close of the polls on election day. He

shall cause the duplicate of each such list to be delivered to

the judge of election in the election district in the same

manner and at the same time as are provided in this act for the

delivery of other election supplies, and it shall be the duty of

such judge of election to post such duplicate list in a

conspicuous place within the polling place of his district and

see that it is kept so posted throughout the time that the polls

2019/90MSP/SB0421A03300 - 30 -

are open. Upon written request, he shall furnish a copy of such

list to any candidate or party county chairman.

Section 1303. Official Absentee Voters Ballots.--* * *

(d) In cases where there is not time to print on said

ballots the names of the various candidates, the county board of

elections shall print special write-in absentee ballots which

shall be in substantially the form of other official absentee

ballots except that such special write-in absentee ballots shall

contain blank spaces only under the titles of such offices in

which electors may insert, by writing or stamping, the names of

the candidates for whom they desire to vote, and in such cases

the county board of elections shall furnish to electors lists

containing the names of all the candidates named in nomination

petitions or who have been regularly nominated under the

provisions of this act, for the use of such electors in

preparing their ballots. Special write-in absentee ballots also

shall include all constitutional amendments and other questions

to be voted on by the electors.

(e) The official absentee voter ballot shall state that a

voter who receives an absentee ballot pursuant to section 1301

and whose ballot is not timely received and who, on election

day, is capable of voting at the appropriate polling place [must

void the absentee ballot and vote in the normal manner at the

appropriate voting place] may only vote on election day by

provisional ballot.

Section 1305. Delivering or Mailing Ballots.--

* * *

(b) (1) The county board of elections upon receipt and

approval of an application filed by any elector qualified in

accordance with the provisions of section 1301, subsections (i)

to (l), inclusive, shall commence to deliver or mail official

absentee ballots [on] 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 absentee ballots not later than the second Tuesday

prior to the primary or election. For those 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) with the absentee

ballot. As additional applications are received and approved

after the time that the county board of elections begins

delivering or mailing official absentee and mail-in ballots, the

board shall deliver or mail official absentee ballots to such

additional electors within forty-eight hours.

(2) Notwithstanding any other provisions of this act and

notwithstanding the inclusion of a mailing address on an

absentee or mail-in ballot application, a voter who presents the

voter's own application for an absentee or mail-in ballot within

the office of the county board of elections during regular

2019/90MSP/SB0421A03300 - 31 -

business hours may request to receive the voter's absentee or

mail-in ballot while the voter is at the office. This request

may be made orally or in writing. Upon presentation of the

application and the making of the request and upon approval

under sections 1302.2 and 1302.2-D, the county board of

elections shall promptly present the voter with the voter's

absentee or mail-in ballot. If a voter presents the voter's

application within the county board of elections' office in

accordance with this section, a county board of elections may

not deny the voter's request to have the ballot presented to the

voter while the voter is at the office unless there is a bona

fide objection to the absentee or mail-in ballot application.

* * *

Section 6. Section 1306(a)(1) and (b) of the act are amended

and the section is amended by adding a subsection to read:

Section 1306. Voting by Absentee Electors.--(a) Except as

provided in paragraphs [(1),] (2) and (3), at any time after

receiving an official absentee ballot, but on or before [five

o'clock P.M. on the Friday prior to] 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 Absentee Ballot."

[(1) Any elector who submits an Emergency Application and

receives an absentee ballot in accordance with section

1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. 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.]

* * *

(b) [In the event that any such elector, excepting an

elector in military service or any elector unable to go to his

polling place because of illness or physical disability,

entitled to vote an official absentee ballot shall be in the

municipality of his residence on the day for holding the primary

or election for which the ballot was issued, or in the event any

such elector shall have recovered from his illness or physical

disability sufficiently to permit him to present himself at the

proper polling place for the purpose of casting his ballot, such

absentee ballot cast by such elector shall, be declared void.

Any such elector referred to in this subsection, who is

within the municipality of his residence, must present himself

at his polling place and shall be permitted to vote upon

2019/90MSP/SB0421A03300 - 32 -

presenting himself at his regular polling place in the same

manner as he could have voted had he not received an absentee

ballot: Provided, That such elector has first presented himself

to the judge of elections in his local election district and

shall have signed the affidavit on the absentee voter's

temporary registration card, which affidavit shall be in

substantially the following form:

I hereby swear that I am a qualified registered elector who

has obtained an absentee ballot, however, I am present in the

municipality of my residence and physically able to present

myself at my polling place and therefore request that my

absentee ballot be voided.

..............................

(Date)

.............................. .............................

(Local Judge of Elections) (Signature of Elector)

An elector who has received an absentee ballot under the

emergency application provisions of section 1302.1, and for

whom, therefore, no temporary absentee voter's registration card

is in the district register, shall sign the aforementioned

affidavit in any case, which the local judge of elections shall

then cause to be inserted in the district register with the

elector's permanent registration card.]

(1) Any elector who receives and votes an absentee ballot

pursuant to section 1301 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 absentee ballots as ineligible to vote at the polling

place, and district election officers shall not permit electors

who voted an absentee ballot to vote at the polling place.

(2) An elector who requests an absentee ballot and who is

not shown on the district register as having voted the ballot

may vote by provisional ballot under section 1210(a.4)(1).

receipt of voted ballot), a completed absentee 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.

Section 7. Sections 1308 heading, (a), (b), (b.1), (d), (e),

(f), (g)(1), (2), (3), (4) and (5) and (h) and 1309 of the act

are amended to read:

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--(a) The county boards of election, upon

receipt of official absentee ballots in [such] sealed official

absentee ballot envelopes as provided under this article and

mail-in ballots as in sealed official mail-in ballot envelopes

as provided under Article XIII-D, shall safely keep the [same]

ballots in sealed or locked containers until they [distribute

same to the appropriate local election districts in a manner

prescribed by the Secretary of the Commonwealth.

Except as provided in section 1302.1(a.2), the county board

2019/90MSP/SB0421A03300 - 33 -

of elections shall then distribute the absentee ballots,

unopened, to the absentee voter's respective election district

concurrently with the distribution of the other election

supplies. Absentee ballots shall be canvassed immediately and

continuously without interruption until completed after the

close of the polls on the day of the election in each election

district. The results of the canvass of the absentee ballots

shall then be included in and returned to the county board with

the returns of that district. Except as provided in section

1302.1(a.2) and subsection (g), no absentee ballot shall be

counted which is received in the office of the county board of

election later than five o'clock P.M. on the Friday immediately

preceding the primary or November election.] are to be canvassed

by the county board of elections. An absentee ballot, whether

issued to a civilian, military or other voter during the regular

or emergency application period, shall be canvassed in

accordance with subsection (g). A mail-in ballot shall be

canvassed in accordance with subsection (g).

(b) Watchers shall be permitted to be present when the

envelopes containing official absentee ballots and mail-in

ballots are opened and when such ballots are counted and

recorded.

[(b.1) In all election districts in which electronic voting

systems are used, absentee ballots shall be opened at the

election district, checked for write-in votes in accordance with

section 1113-A and then either hand-counted or counted by means

of the automatic tabulation equipment, whatever the case may

be.]

(d) Whenever it shall appear by due proof that any absentee

elector or mail-in elector who has returned his ballot in

accordance with the provisions of this act has died prior to the

opening of the polls on the day of the primary or election, the

ballot of such deceased elector shall be rejected by the

canvassers but the counting of the ballot of an absentee elector

or a mail-in elector thus deceased shall not of itself

invalidate any nomination or election.

[(e) At such time the local election board shall then

further examine the declaration on each envelope not so set

aside and shall compare the information thereon with that

contained in the "Registered Absentee Voters File," the absentee

voters' list and the "Military Veterans and Emergency Civilians

Absentee Voters File." If the local election board is satisfied

that the declaration is sufficient and the information contained

in the "Registered Absentee Voters File," the absentee voters'

list and the "Military Veterans and Emergency Civilians Absentee

Voters File" verifies his right to vote, the local election

board shall announce the name of the elector and shall give any

watcher present an opportunity to challenge any absentee elector

upon the ground or grounds (1) that the absentee elector is not

a qualified elector; or (2) that the absentee elector was within

the municipality of his residence on the day of the primary or

2019/90MSP/SB0421A03300 - 34 -

election during the period the polls were open, except where he

was in military service or except in the case where his ballot

was obtained for the reason that he was unable to appear

personally at the polling place because of illness or physical

disability; or (3) that the absentee elector was able to appear

personally at the polling place on the day of the primary or

election during the period the polls were open in the case his

ballot was obtained for the reason that he was unable to appear

personally at the polling place because of illness or physical

disability. Upon challenge of any absentee elector, as set forth

herein the local election board shall mark "challenged" on the

envelope together with the reason or reasons therefor, and the

same shall be set aside for return to the county board unopened

pending decision by the county board and shall not be counted.

All absentee ballots not challenged for any of the reasons

provided herein shall be counted and included with the general

return of paper ballots or voting machines, as the case may be

as follows. Thereupon, the local election board shall open the

envelope of every unchallenged absentee elector in such manner

as not to destroy the declaration executed thereon. All of such

envelopes on which are printed, stamped or endorsed the words

"Official Absentee Ballot" shall be placed in one or more

depositories at one time and said depository or depositories

well shaken and the envelopes mixed before any envelope is taken

therefrom. If any of these envelopes shall contain any

extraneous marks or identifying symbols other than the words

"Official Absentee Ballot," the envelopes and the ballots

contained therein shall be set aside and declared void. The

local election board shall then break the seals of such

envelopes, remove the ballots and record the votes in the same

manner as district election officers are required to record

votes. With respect to the challenged ballots, they shall be

returned to the county board with the returns of the local

election district where they shall be placed unopened in a

secure, safe and sealed container in the custody of the county

board until it shall fix a time and place for a formal hearing

of all such challenges and notice shall be given where possible

to all absentee electors thus challenged and to every attorney,

watcher or candidate who made such challenge. The time for the

hearing shall not be later than seven (7) days after the date of

said challenge. On the day fixed for said hearing, the county

board shall proceed without delay to hear said challenges and,

in hearing the testimony, the county board shall not be bound by

technical rules of evidence. The testimony presented shall be

stenographically recorded and made part of the record of the

hearing. The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. Such appeal shall

be taken, within two (2) days after such decision shall have

been made, whether reduced to writing or not, to the court of

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common pleas setting forth the objections to the county board's

decision and praying for an order reversing same. Pending the

final determination of all appeals, the county board shall

suspend any action in canvassing and computing all challenged

ballots irrespective of whether or not appeal was taken from the

county board's decision. Upon completion of the computation of

the returns of the county, the votes cast upon the challenged

official absentee ballots shall be added to the other votes cast

within the county.]

(f) Any person challenging an application for an absentee

ballot [or], 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 [local election] county board, [in cases of challenges

made to the local election board and with the county board in

cases of challenges made to the county board for which he shall

be issued a receipt for each challenge made,] which sum shall

only be refunded if the challenge 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. [All deposit money received by

the local election board shall be turned over to the county

board simultaneously with the return of the challenged ballots.]

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) (i) An absentee ballot cast by any absentee

elector as defined in section 1301(a), (b), (c), (d), (e), (f),

(g) and (h) [which is received in the office of the county board

of elections after five o'clock P.M. on the Friday immediately

preceding the election and no later than five o'clock P.M. on

the seventh day following an election] shall be canvassed in

accordance with this subsection if [the absentee ballot is

postmarked no later than the day immediately preceding the

election.] the ballot is cast, submitted and received in

accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to

uniform military and overseas voters).

(ii) An absentee ballot cast by any absentee elector as

defined in section 1301(i), (j), (k), (l), (m) and (n), an

absentee ballot under section 1302(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.

(2) The county board of elections shall meet [on the eighth

day following the election to canvass] no earlier than the close

of polls on the day of the election and no later than the third

day following the election to begin canvassing the absentee

ballots and mail-in ballots received under this subsection and

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subsection (h)(2). The canvass shall continue through the eighth

day following the election. One authorized representative of

each candidate in an election 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.

Representatives shall be permitted to challenge any absentee

elector or mail-in elector in accordance with the provisions of

paragraph (3).

(3) When the county board meets to canvass absentee ballots

and mail-in ballots under paragraph (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 announce the name of the elector

and shall give any candidate representative or party

representative present an opportunity to challenge any absentee

elector upon the ground or grounds: (i) that the absentee

elector or mail-in elector is not a qualified elector; or (ii)

that the absentee elector was within the municipality of his

residence on the day of the primary or election during the

period the polls were open, except where he was in the military

service or except in the case where his ballot was obtained for

the reason that he was unable to appear personally at the

polling place because of illness or physical disability; or

(iii) that the absentee elector was able to appear personally at

the polling place on the day of the primary or election during

the period the polls were open in the case his ballot was

obtained for the reason that he was unable to appear personally

at the polling place because of illness or physical disability.

Upon challenge of any absentee elector, as set forth herein, the

board shall mark "challenged" on the envelope together with the

reasons therefor, and the same shall be set aside unopened

pending final determination of the challenge according to the

procedure described in paragraph (5).

(4) All absentee ballots and mail-in ballots not challenged

for any of the reasons provided in paragraph (3) shall be

counted and included with the returns of the applicable election

district as follows[.]:

(i) The county board shall open the envelope of every

unchallenged absentee elector and mail-in elector in such manner

as not to destroy the declaration executed thereon.

(ii) If any of the envelopes on which are printed, stamped

or endorsed the words "Official Absentee Ballot" or "Official

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Mail-in Ballot" contain any extraneous marks or identifying

symbols, the envelopes and the ballots contained therein shall

be set aside and declared void.

(iii) The county board shall then break the seals of such

envelopes, remove the ballots and record the votes.

(5) With respect to the challenged ballots, they shall be

placed unopened in a secure, safe and sealed container in the

custody of the county board until it shall fix a time and place

for a formal hearing of all such challenges, and notice shall be

given where possible to all absentee electors and mail-in

electors thus challenged and to every individual who made a

challenge. The time for the hearing shall not be later than five

(5) days after the date of the challenge. On the day fixed for

said hearing, the county board shall proceed without delay to

hear said challenges, and, in hearing the testimony, the county

board shall not be bound by the Pennsylvania Rules of Evidence.

The testimony presented shall be stenographically recorded and

made part of the record of the hearing.

* * *

(h) For those absentee ballots or mail-in ballots for which

proof of identification has not been received or could not be

verified:

(1) If the proof of identification is received and verified

by the county board of elections prior to the distribution of

the absentee ballots or mail-in ballots to the local election

districts, then the county shall distribute the absentee ballots

and mail-in ballots for which proof of identification is

received and verified, along with the other absentee ballots and

mail-in ballots, to the absentee voter's respective election

district or the mail-in voter's respective election district. If

the county board of elections does not receive or is not able to

verify the proof of identification for an elector prior to the

absentee ballots' or mail-in ballots' being sent to the

appropriate local election districts, the county board shall

keep the absentee ballot or mail-in ballot and follow the

procedures set forth in paragraph (2) or (3), whichever is

applicable.

(2) If the proof of identification is received and verified

after the absentee ballots and mail-in ballots have been

distributed to the appropriate local election districts, but

prior to the sixth calendar day following the election, then the

county board of elections shall canvass the absentee ballots and

mail-in ballots under this subsection in accordance with

subsection (g)(2), unless the elector appeared to vote at the

proper polling place for the purpose of casting a ballot, then

the absentee ballot or mail-in ballot cast by that elector shall

be declared void.

(3) If an elector fails to provide proof of identification

that can be verified by the county board of elections by the

sixth calendar day following the election, then the absentee

ballot or mail-in ballot shall not be counted.

2019/90MSP/SB0421A03300 - 38 -

* * *

Section 1309. Public Records.--(a) All official absentee

ballots, files, applications for such ballots and envelopes on

which the executed declarations appear, and all information and

lists are hereby 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) For each election, the county board shall maintain a

record of the following information, if applicable, for each

elector who makes application for an absentee 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

absentee ballot to the elector.

(5) The date on which the elector's completed absentee

ballot is received by the county board.

(6) The date of the postmark on the mailing envelope of the

elector's completed absentee ballot.

subsection (b) and make the records publicly available upon

request within forty-eight hours.

Section 8. The act is amended by adding an article to read:

ARTICLE XIII-D

VOTING BY QUALIFIED MAIL-IN ELECTORS

Section 1301-D. Qualified mail-in electors.

(a) General rule.--The following individuals 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:

(1) Any qualified elector who is not eligible to be a

qualified absentee elector under Article XIII.

(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).

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:

2019/90MSP/SB0421A03300 - 39 -

(i) Length of time a citizen.

(ii) Length of residence in this Commonwealth.

(iii) Date of birth.

(iv) Length of time a resident of voting district.

(v) Voting district, if known.

(vi) Party choice in case of primary.

(vii) 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.

(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) 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

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 receives and votes a mail-in ballot under section 1301-D

shall not be eligible to vote at a polling place on election

day. 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

2019/90MSP/SB0421A03300 - 40 -

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. 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, 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 a voter under this section, which is completed and

timely returned by the voter, 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.

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

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

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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 did not possess the qualifications of a mail-in

elector.

(3) Challenges must be made to the county board of

elections prior to the applicable deadline for the mail-in

ballots to be received, as provided in section 1308(g).

(4) When approved, the registration commission shall

cause a mail-in voter's temporary registration card to be

inserted in the district register on top of and along with

the permanent registration card.

(5) The mail-in voter's temporary registration card

shall be in the color and form prescribed under subsection

(d).

(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 temporary registration card of any elector

from the district register as provided under this section shall

include only the applications as are received on or before the

first Tuesday prior to the primary or election.

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.

(d) Temporary registration card.--The mail-in voter's

temporary registration card shall be in duplicate and the same

size as the permanent registration card, in a different and

contrasting color to the permanent registration card and shall

contain the mail-in voter's name and address and shall

conspicuously contain the words "Mail-in Voter."

Section 1302.3-D. Mail-in electors files and lists.

The county board of elections shall maintain at its office a

file containing the duplicate mail-in voter's temporary

registration cards of every registered elector to whom a mail-in

ballot has been sent. The duplicate mail-in voter's temporary

registration cards shall be filed by election districts and

within each election district in exact alphabetical order and

indexed. The registration cards filed shall be included in the

Registered Absentee and Mail-in Voters File for the Primary or

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Election of (date of primary or election) under 1302.3(a).

Section 1303-D. Official mail-in elector ballots.

(a) General rule.--In election districts in which ballots

are used, the ballots for use by mail-in voters under this act

shall be the official ballots printed in accordance with

sections 1002 and 1003.

(a.1) Duties of county boards of elections.--The county

board of elections, when detaching the official ballots for

mail-in voters, shall be required to indicate on the stub of

each detached ballot the name of the applicant to which that

precise ballot is being sent. The county board of elections

shall also remove the numbered stub from each ballot and shall

print, stamp or endorse in red color on the official ballots the

words, "Official Mail-in Ballot." The ballots shall be

distributed by a board as provided under this section.

(b) Preparation of ballots.--In election districts in which

voting machines are used and in election districts in which

paper ballots are used, the county board of elections in that

election district will not print official mail-in ballots in

accordance with sections 1002 and 1003. The ballots for use by

mail-in voters under this section shall be prepared sufficiently

in advance by the county board of elections and shall be

distributed by the boards as provided under this act. The

ballots shall be marked "Official Mail-in Ballot" but shall not

be numbered and shall otherwise be in substantially the form for

ballots required by Article X, which form shall be prescribed by

the Secretary of the Commonwealth.

electronic voting systems are utilized, the mail-in ballot may

be in the form of a ballot card which shall be clearly stamped

on the ballot card's face "Mail-in Ballot."

(d) Special write-in mail-in ballots.--In cases where there

is not time to print on the ballots the names of the various

candidates, the county board of elections shall print special

write-in mail-in ballots which shall be in substantially the

form of other official mail-in ballots, except that the special

write-in mail-in ballots shall contain blank spaces only under

the titles of the offices in which electors may insert by

writing or stamping the names of the candidates for whom they

desire to vote, and in those cases, the county board of

elections shall furnish to electors lists containing the names

of all the candidates named in nomination petitions or who have

been regularly nominated under the provisions of this act, for

the use of the electors in preparing their ballots. Special

write-in mail-in ballots shall include all constitutional

amendments and other questions to be voted on by the electors.

(e) Notice.--The official mail-in voter ballot shall state

that a voter who receives a mail-in ballot under section 1301-D

and whose mail-in ballot is not timely received may only vote on

election day by provisional ballot.

Section 1304-D. Envelopes for official mail-in ballots.

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(a) Additional envelopes.--The county boards of election

shall provide two additional envelopes for each official mail-in

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 Mail-in 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.

(b) Form of declaration and envelope.--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 elector's qualifications, together with a

statement that the elector has not already voted in the primary

or election.

elector shall contain the two envelopes, the official mail-in

ballot, lists of candidates, when authorized by section 1303-

D(b), the uniform instructions in form and substance as

prescribed by the Secretary of the Commonwealth and nothing

else.

(d) Notice.--Notice of the requirements under section 1306-D

shall be printed on the envelope for the mail-in ballot.

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 on

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 Mail-in Ballot."

(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

2019/90MSP/SB0421A03300 - 44 -

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 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 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).

(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.

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.

(6) The date of the postmark on the mailing envelope of

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the elector's completed mail-in ballot.

listed under subsection (b) and make the records publicly

available upon request within 48 hours.

Section 1308-D. Violation of provisions relating to mail-in

voting.

(a) Penalties.--Except as provided under subsection (b), a

person who violates any of the provisions of this act relating

to mail-in voting shall, unless otherwise provided, be subject

to the penalties provided under section 1850.

(b) Persons not qualified as mail-in voters.--A person who

knowingly assists another person who is not a qualified mail-in

voter in filling out a mail-in ballot application or mail-in

ballot commits a misdemeanor of the third degree.

Section 9. Sections 1405 and 1626(c) of the act are amended

to read:

Section 1405. Manner of Computing Irregular Ballots.--The

county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped[, affixed to

the ballot by sticker,] or deposited [or affixed] in or on

receptacles for that purpose, and as they have been so returned

by the election officers. In districts in which paper ballots or

ballots cards are electronically tabulated, stickers or labels

may not be used to mark ballots. A vote cast by means of a

sticker or label affixed to a ballot or ballot card shall be

void and may not be counted. In the primary the Secretary of the

Commonwealth shall not certify the votes cast on irregular

ballots for any person for a National office including that of

the President of the United States, United States Senator and

Representative in Congress; or for any State office including

that of Governor and Lieutenant Governor, Auditor General, State

Treasurer, Senator and Representative in the General Assembly,

justices and judges of courts of record or for any party office

including that of delegate or alternate delegate to National

conventions and member of State committee unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office. In the primary the county board shall not

certify the votes cast on irregular ballots for any person for a

justice of the peace, constable, National, State, county, city,

borough, town, township, ward, school district, election or

local party office unless the total number of votes cast for

said person is equal to or greater than the number of signatures

required on a nomination petition for the particular office.

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

amounting to more than twenty-five dollars ($25) shall be

retained by the candidate or the committee treasurer and shall

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be available for public inspection and copying as herein

provided. Any person may inspect or copy such vouchers or copies

thereof by filing a written request with the appropriate

supervisory office which shall notify the candidate or political

committee of such request. The candidate or political committee

shall have the option of either forwarding such vouchers or copy

of the same to the supervisor for such purpose or making the

vouchers or copy of the same available to the requesting person.

If a candidate or a treasurer of a political committee shall

fail to make said vouchers or copies thereof available for

inspection and copying when requested by the appropriate

supervisory officer, such officer shall direct the candidate or

political committee to promptly deliver the vouchers or copies

thereof to the supervisory office for purposes of inspection and

copying. Costs of copying and costs of delivery by the candidate

or treasurer of the requested vouchers or copies thereof shall

be borne by the person requesting same.] (1) Vouchers or copies

of vouchers for all sums expended amounting to more than twenty-

five dollars ($25) shall be retained by the candidate or the

political committee treasurer for a period of three (3) years as

required under section 1622(c) and shall be available for public

inspection and copying.

(2) A person may inspect or copy vouchers or copies of

vouchers by filing a written request directly with the candidate

or political committee. The candidate or political committee

shall make the vouchers or copies of the vouchers available to

the requesting person. Costs of copying and costs of delivery by

the candidate or treasurer of the requested vouchers or copies

shall be borne by the requesting person. If a candidate or a

treasurer of a political committee fails to make the vouchers or

copies of the vouchers available for inspection and copying when

requested, the requesting person shall provide written notice of

the violation to the candidate or political committee. If the

violation is not corrected within 30 days after receipt of a

notice, the requesting person may file an action in an

appropriate court of common pleas seeking declaratory or

injunctive relief. In an action under this subsection, the court

may allow the prevailing party reasonable attorney fees,

including litigation costs and expenses.

(3) Prior to granting a request for inspection and copying

vouchers, a candidate or political committee may require a

requester to prepay an estimate of the fees authorized under

this section if the costs of copying and costs of delivery

required to fulfill the request are expected to exceed one

hundred dollars ($100). If no prepayment is requested or made, a

candidate or political committee may require the requestor to

pay the actual costs of copying and costs of delivery prior to

the release of the requested documents.

(4) A person who violates this section shall be subject to

the penalties under this act. The Attorney General shall have

prosecutorial jurisdiction over a violation committed under this

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section. The district attorney of any county in which a

violation occurred has concurrent powers and responsibilities

with the Attorney General over the violations.

(5) A candidate or political committee may deny a requesting

person access to a voucher or copies if the requesting person

has made repeated requests for the same record and the repeated

requests have placed an unreasonable burden on the candidate or

political committee. A denial under this paragraph shall not

restrict the ability to request a different record.

(6) The following words and phrases when used in this

section shall have the meanings given to them in this paragraph

unless the context clearly indicates otherwise:

"Committee." As defined in section 1621.

"Costs of copying." Up to twenty-five cents (25¢) per copy

for black and white copies, and up to fifty cents (50¢) per copy

for color copies. If a CD or DVD is provided, the cost of

copying will be up to the actual cost of the CD or DVD, not to

exceed three dollars ($3) per disc. For a flash drive the cost

of copying will be up to the actual cost of the flash drive.

"Costs of delivery." The cost of postage or shipping of

documents from the candidate or committee to the requester. The

allowable fee for postage or shipping will be up to the actual

cost of the United States Postal Service's first-class postage.

"Political committee." As defined in section 1621.

"Voucher." A document that reasonably describes the campaign

expense.

* * *

Section 10. The Secretary of the Commonwealth shall prepare

and disseminate information to the public regarding the changes

to the voting procedures under this act.

Section 11. Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 8, 9, and 12

of this act are nonseverable. If any provision of this act or

its application to any person or circumstance is held invalid,

the remaining provisions or applications of this act are void.

Section 12. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

section 1231 of the act.

(2) 25 Pa.C.S. § 1326 is repealed.

(3) The General Assembly declares that the repeal under

paragraph (4) is necessary to effectuate the addition of

section 1232 of the act.

(4) 25 Pa.C.S. § 1330 is repealed.

(5) The General Assembly declares that the repeal under

paragraph (6) is necessary to effectuate the addition of

section 1233 of the act.

(6) 25 Pa.C.S. § 1602(a)(1) is repealed.

Section 13. The following apply:

(1) This section applies to the amendment or addition of

the following provisions:

(i) Section 102.

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(ii) section 1003(a).

(iii) Section 1007(b).

(iv) Section 1107.

(v) Section 1110.

(vi) Section 1107-A.

(vii) Section 1109-A.

(viii) Section 1112-A(a).

(ix) Section 1216(d).

(x) Section 1222(a) and (b).

(xi) Section 1223.

(xii) Section 1231.

(xiii) Section 1232.

(xiv) Section 1233.

(xv) Section 1302.

(xvi) Section 1302.1.

(xvii) Section 1302.2.

(xviii) Section 1305.

(xix) Section 1306.

(xx) Section 1308.

(xxi) Article XIII-D.

(2) The Pennsylvania Supreme Court has exclusive

jurisdiction to hear a challenge to or to render a

declaratory judgment concerning the constitutionality of a

provision referred to in paragraph (1). The Supreme Court may

take action it deems appropriate, consistent with the Supreme

Court retaining jurisdiction over the matter, to find facts

or to expedite a final judgment in connection with such a

challenge or request for declaratory relief.

(3) An action under paragraph (2) must be commenced

within 180 days of the effective date of this section.

Section 14. This act shall apply to elections held on or

after April 28, 2020:

Section 15. This act shall take effect as follows:

(1) The addition of section 207 of the act shall take

effect in 180 days.

(2) The remainder of this act shall take effect

immediately.

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