Amendment 4870 to Senate Bill 422 P.N. 0399, Regular Session 2019-2020

S0422B0399A04870 MSP:CMD 03/24/20 #90 A04870

AMENDMENTS TO SENATE BILL NO. 422

Sponsor: REPRESENTATIVE EVERETT

Printer's No. 399

Amend Bill, page 1, lines 11 and 12, by striking out

"providing for Pennsylvania Election Law Advisory" in line 11

and all of line 12 and inserting

in preliminary provisions, further providing for definitions;

in county boards of elections, further providing for powers

and duties of county boards; in ballots, further providing

for forms of ballots, printing ballots, numbers; in

electronic voting systems, further providing 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, persons entitled to vote, voter's

certificates, entries to be made in district register,

numbered lists of voters, challenges and for deadline for

receipt of valid voter registration application; in voting by

qualified absentee electors, further providing for

applications for official absentee ballots, for approval of

application for absentee ballot, for absentee and mail-in

electors files and lists, for official absentee voters

ballots, for envelopes for official absentee ballots, for

delivering or mailing ballots, for voting by absentee

electors, for canvassing of official absentee ballots and

mail-in ballots and for public records and repealing

provisions relating to violation of provisions relating to

absentee voting; in voting by qualified mail-in electors,

further providing for qualified mail-in electors, for

applications for official mail-in ballots, for approval of

application for mail-in ballot, for official mail-in elector

ballots, for envelopes for official mail-in ballots, for

voting by mail-in electors and for public records and

repealing provisions relating to violation of provisions

relating to mail-in voting; providing for Pennsylvania

Election Law Advisory Board; in penalties, further providing

for violations of provisions relating to absentee electors

ballots; providing for emergency provisions for 2020 general

primary election; and making a related repeal.

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Amend Bill, page 1, lines 15 through 23; pages 2 and 3, lines

1 through 30; page 4, lines 1 through 5; by striking out all of

said lines on said pages and inserting

Section 1. Section 102(a.1) and (z.6) of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, added October 31, 2019 (P.L.552, No.77), are 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:

* * *

(a.1) ["Canvass" includes] The word "canvass" shall mean the

gathering [the] of ballots after the [election] final pre-

canvass meeting and the counting, computing and tallying of the

votes reflected on the ballots.

* * *

(q.1) The word "pre-canvass" shall mean the inspection and

opening of all envelopes containing official absentee ballots or

mail-in ballots, the removal of such ballots from the envelopes

and the counting, computing and tallying of the votes reflected

on the ballots. The term does not include the recording or

publishing of the votes reflected on the ballots.

* * *

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

qualified elector [who is not a qualified absentee elector.].

The term does not include a person specifically prohibited from

being a qualified absentee elector under section 1301.

Section 2. Section 302(p) of the act is amended to read:

Section 302. Powers and Duties of County Boards.--The county

boards of elections, within their respective counties, shall

exercise, in the manner provided by this act, all powers granted

to them by this act, and shall perform all the duties imposed

upon them by this act, which shall include the following:

* * *

(p) A county board of elections shall not pay compensation

to a judge of elections who wilfully fails to deliver by two

o'clock A. M. on the day following the election envelopes;

supplies, including all uncast provisional ballots; and returns,

including all provisional ballots [and absentee ballots] cast in

the election district and statements signed under sections 1306

and 1302-D.

Section 3. Section 1004 of the act, amended October 31, 2019

(P.L.552, No.77) and November 27, 2019 (P.L.673, No.94), is

amended to read:

Section 1004. Form of Ballots; Printing Ballots[;

Numbers].--From the lists furnished by the Secretary of the

Commonwealth under the provisions of sections 915 and 984, and

from petitions and papers filed in their office, the county

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election board shall print the official primary and election

ballots in accordance with the provisions of this act: Provided,

however, That in no event, shall the name of any person

consenting to be a candidate for nomination for any one office,

except the office of judge of a court of common pleas, the

Philadelphia Municipal Court or the office of school director in

districts where that office is elective or the office of justice

of the peace be printed as a candidate for such office upon the

official primary ballot of more than one party. All ballots for

use in the same election district at any primary or election

shall be alike. [They shall be at least six inches long and four

inches wide, and shall have a margin extending beyond any

printing thereon. They shall be printed with the same kind of

type (which shall not be smaller than the size known as

"brevier" or "eight point body") upon white paper of uniform

quality, without any impression or mark to distinguish one from

another, and with sufficient thickness to prevent the printed

matter from showing through. All the ballots for the same

election district shall be bound together in books of fifty, in

such manner that each ballot may be detached and removed

separately. The ballots for each party to be used at a primary

shall be bound separately.]

Section 4. Sections 1109-A(a)(2), (b) and (e) and 1112-A(b)

(2), (3) and (4) of the act, amended October 31, 2019 (P.L.552,

No.77), are amended to read:

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.]

* * *

(b) Ballot labels shall be printed in plain clear type [in

black ink], of such size and arrangement as to fit the

construction of the voting device; and they shall be printed [on

clear white material or on material of different colors to

identify different ballots or parts of the ballot and in primary

elections to identify each political party.] in a manner

prescribed by the Secretary of the Commonwealth to identify

different ballots or parts of a ballot and in primary elections

to identify each political party.

* * *

(e) In primary elections, the Secretary of the Commonwealth

shall [choose a color for each party eligible to have candidates

on the ballot and a separate color for independent voters. The

ballot cards or paper ballots and ballot pages shall be printed

on card or paper stock of the color of the party of the voter

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and the appropriate party affiliation or independent status

shall be printed on the ballot card or at the top of the paper

ballot and on the ballot pages.] prescribe a method to ensure

that the elector votes the correct ballot.

* * *

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

Voting.--* * *

(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:

* * *

(2) At primary elections, the voter shall vote for the

candidates of his choice for nomination, according to the number

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

cross (X) or check ( )✔ mark or by making a punch or mark sense

mark in the square opposite the name of the candidate or by

otherwise indicating a selection associated with the candidate,

or he may so [mark the write-in position provided on the ballot

for the particular office] indicate on the ballot that the voter

is electing to write in the name of a person for the particular

office, and[, in the space provided therefor on the ballot

and/or ballot envelope, write] insert the identification of the

office in question and the name of any person not already

[printed on the ballot for that office] listed as a candidate

for that office, and such [mark] indication and [written]

insertion shall count as a vote for that person for such office.

(3) At all other elections, the voter shall 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 or by making a punch or

mark sense mark in the square opposite the name of the

candidate, or by otherwise indicating a selection associated

with the candidate, or he may so [mark the write-in position

provided on the ballot for the particular office] indicate on

the ballot that the voter is electing to write in the name of a

person for the particular office, and[, in the space provided

therefor on the ballot and/or ballot envelope, write] insert the

identification of the office in question and the name of any

person not already [printed on the ballot for that office]

listed as a candidate for that office, and such [mark]

indication and [written] insertion shall count as a vote for

that person for such office.

(4) 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] or otherwise indicate a

selection associated with 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

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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] or

otherwise indicate a selection associated with the answer which

he desires to give.

* * *

Section 5. Section 1113-A(i) of the act is amended to read:

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

(i) In the event that district tabulation of votes is not

provided for by the voting system, it shall be the

responsibility of the county board of elections to make

available to the public at the central tabulating center, the

election results for each election district. [It shall be the

further duty of the county board of elections to post such

results in each election district no later than 5:00 p.m. of the

second day following the election.]

* * *

Section 6. Section 1210(a.4)(1) of the act, amended October

31, 2019 (P.L.552, No.77), is amended to read:

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.]

* * *

Section 7. Section 1231(c)(2) of the act, added October 31,

2019 (P.L.552, No.77), is amended and the section is amended by

adding a subsection to read:

Section 1231. Deadline for Receipt of Valid Voter

Registration Application.--* * *

[(2) No applications shall be received as follows:

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(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).]

* * *

(e) (1) An applicant shall be deemed a registered elector

of the county immediately upon acceptance of the voter

registration application by the commission under 25 Pa.C.S. §

1328(c)(1) or (2) (relating to approval of registration

applications), and the commission shall enter the elector's

registration information in the general register, with the

elector's unique identification number entered as his or her

SURE registration number.

(2) Notwithstanding 25 Pa.C.S. § 1328(b)(2), if an applicant

presents his or her own application for voter registration under

25 Pa.C.S. § 1322 (relating to in-person voter registration),

the commission shall immediately examine the application

pursuant to 25 Pa.C.S. § 1328(a) and shall, while the applicant

waits, promptly decide on said application by either accepting

it, rejecting it or forwarding it pursuant to 25 Pa.C.S. §

1328(b) and, if accepted, process the application in accordance

with 25 Pa.C.S. § 1328(c).

Section 8. Sections 1302(e.1) and (i)(1), 1302.2(c) and (e)

and 1302.3(a), amended October 31, 2019 (P.L.552, No.77), are

amended to read:

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

* *

(e.1) Any qualified registered elector who is unable because

of illness or physical disability to attend his 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 at any time request,

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, to be placed on a permanently

disabled absentee ballot list file. An absentee ballot

application shall be mailed to every such person otherwise

eligible to receive one, by the first Monday in February each

year, or within forty-eight hours of receipt of the request,

whichever is later, so long as he 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. 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] an elector under this section, which is completed

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and timely returned by the [voter] elector, shall serve as an

application for any and all primary, general or special

elections to be held in the remainder of that calendar year and

for all special elections to be held before the third Monday in

February of the succeeding year. The transfer of a qualified

registered elector on a permanently disabled absentee ballot

list from one county to another county shall only be permitted

upon the request of the qualified registered elector.

* * *

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

on physical and electronic forms prescribed by the Secretary of

the Commonwealth. The application shall state that an elector

who [receives and votes] applies for an absentee ballot pursuant

to section 1301 shall not be eligible to vote at a polling place

on election day[.] unless the elector brings the elector's

absentee ballot to the elector's polling place, remits the

ballot and the envelope containing the declaration of the

elector to the judge of elections to be spoiled and signs a

statement subject to the penalties of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) to the same

effect. 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.

* * *

Section 1302.2. Approval of Application for Absentee

Ballot.--

* * *

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] was not a qualified elector.

Such challenges must be made to the county board of elections

prior to [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

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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 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

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).] five o'clock p.m. on the Friday prior to the election, or

during the pre-canvassing of an elector's absentee ballot,

whichever is earlier: Provided, however, That a challenge to an

application for an absentee ballot shall not be permitted on the

grounds that the elector used an application for an absentee

ballot instead of an application for a mail-in ballot or on the

grounds that the elector used an application for a mail-in

ballot instead of an application for an absentee ballot.

* * *

[(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."]

* * *

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

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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.]

* * *

Section 9. Section 1303(a) and (e), amended October 31, 2019

(P.L.552, No.77) and November 27, 2019 (P.L.673, No.94), are

amended to read:

Section 1303. Official Absentee Voters Ballots.--(a) In

districts in which ballots are used, the ballots for use by such

absentee electors under the provisions of this act shall be the

official ballots printed in accordance with sections 1002 and

1003: Provided, however, That the county board of elections when

[detaching] preparing the official ballots for absentee electors

shall be required to track the name of the applicant to which a

ballot is being sent. The county board of elections shall also

be required to print, stamp or endorse [in red color] upon such

official ballots the words, Official Absentee Ballot. Such

ballots shall be distributed by such boards as hereinafter

provided.

* * *

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

voter] an elector who receives an absentee ballot pursuant to

section 1301 and whose voted ballot is not timely received by

the commission and who, on election day, is capable of voting at

the appropriate polling place may only vote on election day by

provisional ballot[.] unless the elector brings the elector's

absentee ballot to the elector's polling place, remits the

ballot and the envelope containing the declaration of the

elector to the judge of elections to be spoiled and signs a

statement subject to the penalties under 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) to the same

effect.

Section 10. Section 1304 of the act is amended to read:

Section 1304. Envelopes for Official Absentee Ballots.--

The county boards of election shall provide two additional

envelopes for each official absentee ballot of such 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 [Absentee]

Election Ballot," and nothing else. On the larger of the two

envelopes, to be enclosed within the mailing envelope, shall be

printed the form of the declaration of the elector, and the name

and address of the county board of election of the proper

county. The larger envelope shall also contain information

indicating the local election district of the absentee voter.

Said form of declaration and envelope shall be as prescribed by

the Secretary of the Commonwealth and shall contain among other

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things a statement of the electors qualifications, together with

a statement that such elector has not already voted in such

primary or election. The mailing envelope addressed to the

elector shall contain the two envelopes, the official absentee

ballot, lists of candidates, when authorized by section 1303

subsection (b) of this act, the uniform instructions in form and

substance as prescribed by the Secretary of the Commonwealth and

nothing else.[: Provided, however, That envelopes for electors

qualified under preceding section 1301, subsections (a) to (h),

inclusive, shall have printed across the face of each

transmittal or return envelope two parallel horizontal red bars,

each one-quarter inch wide, extending from one side of the

envelope to the other side, with an intervening space of one-

quarter inch, the top bar to be one and one-quarter inches from

the top of the envelope and with the words "Official Election

Balloting Material via Air Mail" between the bars; that there be

printed, in the upper right corner of each such envelope in a

box, the words "Free of U. S. Postage, Including Air Mail;" that

all printing on the face of each such envelope be in red, and

that there be printed in red, in the upper left corner of each

such envelope, the name and address of the county board of

elections of the proper county or blank lines for return address

of the sender:

Provided further, That the aforesaid envelope addressed to

the elector may contain absentee registration forms where

required, and shall contain detailed instructions on the

procedures to be observed in casting an absentee ballot as

prescribed by the Secretary of the Commonwealth, together with

return envelope upon which is printed the name and address of

the registration commission of the proper county, which envelope

shall have printed across the face two parallel horizontal red

bars, each one-quarter inch wide, extending from one side of the

envelope to the other side, with an intervening space of one-

quarter inch, the top bar to be one and one-quarter inches from

the top of the envelope and with the words "Official Election

Balloting Material via Air Mail" between the bars; that there be

printed in the upper right corner of each such envelope in a box

the words "Free of U. S. Postage, Including Air Mail," and, in

the upper left corner of each such envelope, blank lines for

return address of the sender; that all printing on the face of

each such envelope be in red.]

Section 11. Sections 1306(a) introductory paragraph and (b),

1308(g) and 1309(c) of the act, amended or added October 31,

2019 (P.L.552, No.77), are amended to read::

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

provided in paragraphs (2) and (3), at any time after receiving

an official absentee ballot, but on or before eight o'clock P.M.

the day of the primary or election, the elector shall, in

secret, proceed to mark the ballot only in black lead pencil,

indelible pencil or blue, black or blue-black ink, in fountain

pen or ball point pen, and then fold the ballot, enclose and

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securely seal the same in the envelope on which is printed,

stamped or endorsed "Official [Absentee] Election Ballot." This

envelope shall then be placed in the second one, on which is

printed the form of declaration of the elector, and the address

of the elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

* * *

(b) (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).

(3) Notwithstanding paragraph (2), an elector who requests

an absentee ballot and who is not shown on the district register

as having voted the ballot may vote at the polling place if the

elector remits the ballot and the envelope containing the

declaration of the elector to the judge of elections to be

spoiled and the elector signs a statement subject to the

penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) in substantially the following

form:

I hereby declare that I am a qualified registered elector who

has obtained an absentee ballot or mail-in ballot. I further

declare that I have not cast my absentee ballot or mail-in

ballot, and that instead I remitted my absentee ballot or

mail-in ballot and the envelope containing the declaration of

the elector to the judge of elections at my polling place to

be spoiled and therefore request that my absentee ballot or

mail-in ballot be voided.

(Date)

(Signature of Elector) ................ (Address of Elector)

(Local Judge of Elections)

* * *

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--* * *

(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) shall be canvassed in accordance with this

subsection if 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

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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.

(1.1) The county board of elections shall meet no earlier

than seven o'clock A.M. on election day to pre-canvass all

ballots received prior to the meeting. A county board of

elections shall provide at least forty-eight hours' notice of a

pre-canvass meeting by publicly posting a notice of a pre-

canvass meeting on its publicly accessible Internet website. 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 pre-canvassed. No person observing, attending or

participating in a pre-canvass meeting may disclose the results

of any portion of any pre-canvass meeting prior to the close of

the polls.

(2) The county board of elections shall meet 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 subsection (h)(2).] following the final pre-

canvass meeting and any ballots received prior to the completion

of the final pre-canvass meeting, but not included in the pre-

canvass process. The meeting under this paragraph shall continue

until all absentee ballots and mail-in ballots received prior to

the close of the polls have been canvassed. The county board of

elections shall not record or publish any votes reflected on the

ballots prior to the close of the polls. The canvass process

shall continue through the eighth day following the election[.]

for valid military-overseas ballots timely received under 25

Pa.C.S. § 3511 (relating to receipt of voted ballot). A county

board of elections shall provide at least forty-eight hours'

notice of a canvass meeting by publicly posting a notice of a

pre-canvass meeting on its publicly accessible Internet website.

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).] No person

observing, attending or participating in a canvass meeting may

disclose the results of any portion of a canvass meeting prior

to the close of the polls.

(3) When the county board meets to pre-canvass or canvass

absentee ballots and mail-in ballots under [paragraph]

paragraphs (1), (1.1) and (2), the board shall examine the

declaration on the envelope of each ballot not set aside under

subsection (d) and shall compare the information thereon with

2020/90MSP/SB0422A04870 - 12 -

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 or

mail-in elector upon the ground or grounds: (i) that the

absentee elector or mail-in elector is not a qualified elector;

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).] provide a list of the

names of electors whose absentee ballots or mail-in ballots are

to be pre-canvassed or canvassed.

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

for any of the reasons provided in] which have not been

challenged under section 1302.2(c) and all mail-in ballots which

have not been challenged under section 1302.2-D(a)(2) and that

have been verified under 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] Election Ballot" [or

"Official Mail-in Ballot"] contain any [extraneous marks or

identifying symbols,] text, mark or symbol which reveals the

identity of the elector, the elector's political affiliation or

the elector's candidate preference, 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.] count,

compute and tally the votes.

(iv) Following the close of the polls, the county board

shall record and publish the votes reflected on the ballots.

(5) [With respect to the challenged ballots, they] Ballots

received whose applications have been challenged and ballots

which have been challenged shall be placed unopened in a secure,

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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)] seven (7) days after the

[date of the challenge] deadline for all challenges to be filed.

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.

(6) 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. The appeal shall

be taken, within two (2) days after the decision was made,

whether the decision was reduced to writing or not, to the court

of common pleas setting forth the objections to the county

board's decision and praying for an order reversing the

decision.

(7) Pending the final determination of all appeals, the

county board shall suspend any action in canvassing and

computing all challenged ballots received under this subsection

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 that have been finally determined to

be valid shall be added to the other votes cast within the

county.

* * *

Section 1309. Public Records.--* * *

subsection (b) and make the records publicly available upon

request within forty-eight hours of the request.

Section 12. Section 1331 of the act is repealed:

[Section 1331. Violation of Provisions Relating to Absentee

Voting.--(a) Except as provided in subsection (b), any person

who shall violate any of the provisions of this act relating to

absentee voting shall, unless otherwise provided, be subject to

the penalties provided for in section 1850 of this act.

(b) Any person who knowingly assists another person who is

not a qualified absentee elector in filling out an absentee

ballot application or absentee ballot commits a misdemeanor of

the third degree.]

Section 12.1. Sections, 1301-D(a), 1302-D(f) and (g),

1302.2-D(a)(2), (3), (4) and (5), (b) and (d) and 1302.3-D of

the act, added October 31, 2019 (P.L.552, No.77), are amended to

read:

Section 1301-D. Qualified mail-in electors.

2020/90MSP/SB0422A04870 - 14 -

(a) General rule.--[The following individuals] A qualified

mail-in elector shall be entitled to vote by an official mail-in

ballot in any primary or election held in this Commonwealth in

the manner provided under this article.[:

(1) Any qualified elector who is not eligible to be a

qualified absentee elector under Article XIII.

(2) (Reserved).]

* * *

Section 1302-D. Applications for official mail-in ballots.

* * *

(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] applies for a mail-in ballot under

section 1301-D shall not be eligible to vote at a polling place

on election day[.] unless the elector brings the elector's mail-

in ballot to the elector's polling place, remits the ballot and

the envelope containing the declaration of the elector to the

judge of elections to be spoiled and signs a statement subject

to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) to the same effect. The physical

application forms shall be made freely available to the public

at county board of elections, municipal buildings and at other

locations designated by the Secretary of the Commonwealth. The

electronic application forms shall be made freely available to

the public through publicly accessible means. No written

application or personal request shall be necessary to receive or

access the application forms. Copies and records of all

completed physical and electronic applications for official

mail-in ballots shall be retained by the county board of

elections.

(g) Permanent mail-in voting list.--

(1) Any qualified registered elector may request to be

placed on a permanent mail-in ballot list file at any time

during the calendar year. A mail-in ballot application shall

be mailed to every person otherwise eligible to receive a

mail-in ballot application by the first Monday in February

each year or within 48 hours of receipt of the request,

whichever is later, so long as the person does not lose the

person's voting rights by failure to vote as otherwise

required by this act. A mail-in ballot application mailed to

[a voter] an elector under this section, which is completed

and timely returned by the [voter] elector, shall serve as an

application for any and all primary, general or special

elections to be held in the remainder of that calendar year

and for all special elections to be held before the third

Monday in February of the succeeding year.

(2) The Secretary of the Commonwealth may develop an

electronic system through which all qualified electors may

apply for a mail-in ballot and request permanent mail-in

voter status under this section, provided the system is able

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to capture a digitized or electronic signature of the

applicant. A county board of elections shall treat an

application or request received through the electronic system

as if the application or request had been submitted on a

paper form or any other format used by the county.

(3) The transfer of a qualified registered elector on a

permanent mail-in voting list from one county to another

count shall only be permitted upon the request of the

qualified registered elector.

* * *

Section 1302.2-D. Approval of application for mail-in ballot.

(a) Approval process.--The county board of elections, upon

receipt of any application of a qualified elector under section

1301-D, shall determine the qualifications of the applicant by

verifying the proof of identification and comparing the

information provided on the application with the information

contained on the applicant's permanent registration card. The

following shall apply:

* * *

(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] was not a qualified 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).] five

o'clock p.m. on the Friday prior to the election, or during

the pre-canvassing of an elector's mail-in ballot, whichever

is earlier: Provided, however, That a challenge to an

application for a mail-in ballot shall not be permitted on

the grounds that the elector used an application for a mail-

in ballot instead of an application for an absentee ballot or

on the grounds that the elector used an application for an

absentee ballot instead of an application for a mail-in

ballot .

(4) When approved, the registration commission shall

cause a mail-in voter's [temporary registration card] record

to be inserted in the district register [on top of and along

with the permanent registration card] as prescribed by the

Secretary of the Commonwealth.

[(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]

record shall include only the applications as are received on or

before the first Tuesday prior to the primary or election.

* * *

2020/90MSP/SB0422A04870 - 16 -

[(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

Election of (date of primary or election) under section

1302.3(a).]

Section 13. Section 1303-D(a.1) and (e), amended or added

October 31, 2019 (P.L.552, No.77) and November 27, 2019

(P.L.673, No.94), are amended to read:

Section 1303-D. Official mail-in elector ballots.

* * *

(a.1) Duties of county boards of elections.--The county

board of elections, when [detaching] preparing 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 voter's record the

identification number of specific ballot envelope into which the

voter's ballot is inserted. 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.

* * *

(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 voted mail-in ballot is not timely received may only

vote on election day by provisional ballot[.] unless the elector

brings the elector's mail-in ballot to the elector's polling

place, remits the ballot and the envelope containing the

declaration of the elector to the judge of elections to be

spoiled and signs a statement subject to the penalties of 18

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

authorities) to the same effect .

Section 14. Sections 1304-D(a), 1305-D, 1306-D(a) and (b)

and 1307-D(c) of the act, added October 31, 2019 (P.L.552,

No.77), are amended to read:

Section 1304-D. Envelopes for official mail-in ballots.

(a) Additional envelopes.--The county boards of election

shall provide two additional envelopes for each official mail-in

ballot of a size and shape as shall be prescribed by the

2020/90MSP/SB0422A04870 - 17 -

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] Election Ballot," and nothing else. On the

larger of the two envelopes, to be enclosed within the mailing

envelope, shall be printed the form of the declaration of the

elector and the name and address of the county board of election

of the proper county. The larger envelope shall also contain

information indicating the local election district of the mail-

in voter.

* * *

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

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]

mail-in ballots not later than the second Tuesday prior to the

primary or election. For applicants whose proof of

identification was not provided with the application or could

not be verified by the board, the board shall send the notice

required under section 1302.2-D(c) with the mail-in ballot. As

additional applications are received and approved, the board

shall deliver or mail official mail-in ballots to the additional

electors within 48 hours.

Section 1306-D. Voting by mail-in electors.

(a) General rule.--At any time after receiving an official

mail-in ballot, but on or before eight o'clock P.M. the day of

the primary or election, the mail-in elector shall, in secret,

proceed to mark the ballot only in black lead pencil, indelible

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

point pen, and then fold the ballot, enclose and securely seal

the same in the envelope on which is printed, stamped or

endorsed "Official [Mail-in] Election Ballot." This envelope

shall then be placed in the second one, on which is printed the

form of declaration of the elector, and the address of the

elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

* * *

(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

2020/90MSP/SB0422A04870 - 18 -

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).

(3) Notwithstanding paragraph (2), an elector who

requests a mail-in ballot and who is not shown on the

district register as having voted the ballot may vote at the

polling place if the elector remits the ballot and the

envelope containing the declaration of the elector to the

judge of elections to be spoiled and the elector signs a

statement subject to the penalties of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) which

shall be in substantially the following form:

I hereby declare that I am a qualified registered elector

who has obtained an absentee ballot or mail-in ballot. I

further declare that I have not cast my absentee ballot or

mail-in ballot, and that instead I remitted my absentee

ballot or mail-in ballot to the judge of elections at my

polling place to be spoiled and therefore request that my

absentee ballot or mail-in ballot be voided.

(Date)

(Signature of Elector) ........... (Address of Elector)

(Local Judge of Elections)

* * *

Section 1307-D. Public records.

* * *

listed under subsection (b) and make the records publicly

available upon request within 48 hours of the request.

Section 14.1. Section 1308-D of the act is repealed:

[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 15. The act is amended by adding an article to read:

ARTICLE XIII-E

Pennsylvania Election Law Advisory Board

Section 1301-E. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Board." The Pennsylvania Election Law Advisory Board

established under section 1302-E(a).

Section 1302-E. Pennsylvania Election Law Advisory Board.

(a) Establishment.--The Pennsylvania Election Law Advisory

Board is established within the Joint State Government

Commission.

(b) Members.--The board shall be comprised of the following

members:

(1) The Secretary of the Commonwealth or a designee.

(2) The President pro tempore of the Senate or a

designee.

(3) The Minority Leader of the Senate or a designee.

(4) The Speaker of the House of Representatives or a

designee.

(5) The Minority Leader of the House of Representatives

or a designee.

(6) One member from each congressional district, of whom

no more than half may be registered with the same political

party, appointed by the Governor and confirmed by the Senate

and which shall include members who:

(i) represent groups advocating for individuals with

disabilities;

(ii) represent groups advocating for voting rights;

and

(iii) represent county commissioners or county

election officials.

(1) Study this act and identify statutory language to

repeal, modify or update.

(2) Collaborate with other agencies and political

subdivisions of the Commonwealth to study election-related

issues.

(3) Study the development of new election technology and

voting machines.

(4) Evaluate and make recommendations on:

(i) improving the electoral process in this

Commonwealth by amending this act or through regulations

promulgated by the Department of State; and

(ii) implementing best practices identified to

ensure the integrity and efficiency of the electoral

process in this Commonwealth.

(5) By the end of each fiscal year, publish extensive

and detailed findings on the Joint State Government

Commission's publicly accessible Internet website and make

them available in electronic format to the Office of the

Governor and members of the General Assembly.

(d) Quorum.--A majority of appointed members shall

constitute a quorum for the purpose of conducting business.

(e) Chairperson and vice chairperson.--The members shall

select a member to be chairperson and another member to be vice

chairperson.

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(f) Transparency and ethics.--The board shall be subject to

the following laws:

(1) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(2) The act of October 4, 1978 (P.L.883, No.170),

referred to as the Public Official and Employee Ethics Law.

(3) The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(4) 65 Pa.C.S. Ch. 7 (relating to open meetings).

(g) Information gathering.--The board may conduct hearings

and otherwise gather relevant information and analysis that it

considers appropriate and necessary to fulfill its duties.

(h) Reimbursement.--Members of the board shall be reimbursed

for reasonable expenses.

Section 15.1. Section 1853 of the act is amended to read:

Section 1853. Violations of Provisions Relating to Absentee

[Electors] and Mail-in Ballots.--If any person shall sign an

application for absentee ballot, mail-in ballot or declaration

of elector on the forms prescribed knowing any matter declared

therein to be false, or shall vote any ballot other than one

properly issued to [him] the person, or vote or attempt to vote

more than once in any election for which an absentee ballot or

mail-in ballot shall have been issued to [him] the person, or

shall violate any other provisions of Article XIII or Article

XIII-D of this act, [he] the person shall be guilty of a

misdemeanor of the [first] third degree, and, upon conviction,

shall be sentenced to pay a fine not exceeding [ten thousand

dollars ($10,000)] two thousand five hundred ($2,500), or be

imprisoned for a term not exceeding [five (5)] two (2) years, or

both, at the discretion of the court.

If any chief clerk or member of a board of elections, member

of a return board or member of a board of registration

commissioners, shall neglect or refuse to perform any of the

duties prescribed by Article XIII or Article XIII-D of this act,

or shall reveal or divulge any of the details of any ballot cast

in accordance with the provisions of Article XIII or Article

XIII-D of this act, or shall count an absentee ballot or mail-in

ballot knowing the same to be contrary to Article XIII or

Article XIII-D, or shall reject an absentee ballot or mail-in

ballot without reason to believe that the same is contrary to

Article XIII or Article XIII-D, or shall permit an elector to

cast [his] the elector's ballot at a polling place knowing that

there has been issued to the elector an absentee ballot, [he]

the elector shall be guilty of a felony of the third degree,

and, upon conviction, shall be punished by a fine not exceeding

fifteen thousand dollars ($15,000), or be imprisoned for a term

not exceeding seven (7) years, or both, at the discretion of the

court.

Section 16. The act is amended by adding an article to read:

ARTICLE XVIII-B

EMERGENCY PROVISIONS FOR 2020 GENERAL PRIMARY ELECTION

2020/90MSP/SB0422A04870 - 21 -

Section 1801-B. Election officers.

(a) Requirement.--

(1) Except as provided under paragraph (2), and

notwithstanding section 402 or any other law of this

Commonwealth, an election officer must be a qualified

registered elector of the county in which the polling place

is located.

(2) An election officer shall not be required to be a

qualified registered elector in the election district in

which the election officer is appointed.

(b) (Reserved).

Section 1802-B. Polling place.

(a) Consolidation of polling places.--

(1) A county board of elections may, not less than 20

days prior to the election, select and designate as the

polling place for an election district any public or private

building situated in another election district within the

county, notwithstanding if the building is located in an

election district which is not immediately adjacent to the

boundary of the election district for which the building is

to be a polling place.

(2) A polling place may be selected and designated under

this subsection without the approval of a court.

(3) Two or more polling places may be consolidated ,

except that the consolidation of polling places may not

result in more than a 60% reduction of polling place

locations in the county, except for necessitous circumstances

and as approved by the Department of State. Two or more

polling places may be located in the same building.

(4) A polling place selected and designated under this

subsection must be directly accessible by a public street or

thoroughfare.

(b) Posting.--A county board of elections shall, not less

than 15 days prior to the election under section 1804-B, post in

a conspicuous place at the office of the county board of

elections, a list of each place at which the election is to be

held in each election district of the county. The list shall be

available for public inspection at the office of the county

board of elections and posted on the county's publicly

accessible Internet website.

Section 1803-B. Permissible polling place locations.

(a) Service.--Subject to subsection (b) and notwithstanding

section 529(a) and (b) or any other law of this Commonwealth,

malt or brewed beverages and liquors may be served in a building

where a polling place is located during the hours that the

polling place is open, except that an election may not be held

in a room where malt or brewed beverages or liquors are

dispensed.

(b) Accessibility.--A polling place under subsection (a)

must be accessible from an outside entrance that does not

require passageway through the room where malt or brewed

2020/90MSP/SB0422A04870 - 22 -

beverages or liquors are dispensed.

Section 1804-B. General primary election.

(a) Time.--Notwithstanding section 603 or any law of this

Commonwealth, the general primary election shall occur

throughout this Commonwealth on June 2, 2020.

(b) Calculation.--The following shall apply:

(1) Except for the deadline relating to the nomination

of a candidate under Article IX, any date or deadline in this

act, 25 Pa.C.S. Pt. IV (relating to voter registration) or 25

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

voters) that depends on, or is contingent on, the date of the

general primary election, shall be calculated based on the

June 2, 2020, date for the general primary election.

(2) Notwithstanding subsection (a), the due date for the

sixth Tuesday pre-primary cycle 1 campaign finance report

shall be March 17, 2020.

to apply to the nominating petition process.

(d) Ballots.--A ballot for the general primary 2020 which

has been purchased, printed or acquired prior to the effective

date of this section and shows an election date of April 28,

2020, shall not be deemed to be invalid because of the date.

Section 1805-B. Expiration.

This article shall expire on July 3, 2020.

Section 17. This act shall apply as follows:

(1) The amendment or addition of the following shall

apply to elections occurring on or after June 2, 2020:

(i) Section 102(a.1),(g.1) and (z.6).

(ii) Section 1302.2(c).

(iii) Section 1308(g).

(iv) Section 1301-D(a).

(v) Section 1302.2-D(a).

(2) The amendment or addition of the following shall

apply to elections occurring on or after November 2, 2020:

(i) Section 302(p).

(ii) Section 1302(i)(1).

(iii) Section 1303(e).

(iv) Section 1306(b).

(v) Section 1302-D(f).

(vi) Section 1303-D(e).

(vii) Section 1306-D(b).

(3) The amendment or addition of the following shall

apply to envelopes and ballots purchased, printed or acquired

after the effective date of this section:

(i) Section 1004.

(ii) Section 1109-A(b) and (e).

(iii) Section 1112-A(b)(2),(3) and (4).

(iv) Section 1303(a).

(v) Section 1304.

(vi) Section 1306(a).

(vii) Section 1303-D(a.1).

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(viii) Section 1304-D(a).

(ix) Section 1306-D(a).

Section 18. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment or

addition of section 1231(c)(2) and (e).

(2) 25 Pa.C.S. § 1328(c)(4) and (5) are repealed.

Section 19. This act shall take effect immediately.

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