SB 414 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in voting by qualified absentee electors, further providing for applications for official absentee ballots, for absentee electors files and lists, for delivering or mailing ballots, for voting by absentee electors and for canvassing of official absentee ballots.

PRIOR PRINTER'S NO.

433 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1013 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, YUDICHAK, BLAKE, BROWNE, KEARNEY AND BREWSTER, MARCH 19, 2019 SENATORREFERRED FOLMER,TO STATE GOVERNMENT, ASMARCH AMENDED,19, JUNE 18, 2019 AN ACT Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, and defining membership of county boards of elections;reating imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners;

Such person shall not be required to file a physician's 20190SB0414PN101320190SB0414PN0433 - 2 - 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].

(2) every bedridden 20190SB0414PN101320190SB0414PN0433 - 3 - or hospitalized veteran outside the county of his residence who is not registered and to whom an absentee ballot is being sent, each such name to be prefixed with a "V";

Each such list shall be prepared in duplicate, shall be headed "Persons in (give identity of election district) 20190SB0414PN101320190SB0414PN0433 - 4 - to whom absentee 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.

Delivering or Mailing Ballots.-- (a) 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 (a) to (h), inclusive, shall [not later than fifty days prior to the day of the primary or not later than seventy days prior to the day of the election commence to deliver or mail to such elector who has included with said application a statement that he or she is unable to vote during the regular absentee balloting period by reason of living or performing military service in an extremely remote or isolated area of the world, and not later than forty- five days prior to the day of the primary or election commence to deliver or mail to all other such electors as provided for in section 1301, subsections (a) to (h), inclusive, official absentee ballots or special write-in absentee ballots as 20190SB0414PN101320190SB0414PN0433 - 5 - prescribed by subsection (d) of section 1303 when official absentee ballots are not yet printed;

924) or by an alternative ballot under the Voting Accessibility for the 20190SB0414PN101320190SB0414PN0433 - 6 - Elderly and Handicapped Act (Public Law 98-435, 98 Stat.

Upon receipt of an application which meets the requirements under this section, the county board of elections shall promptly deliver an official absentee ballot unless there is a bona fide objection to the 20190SB0414PN101320190SB0414PN0433 - 7 - application.

(2) Any elector, spouse of the elector or dependent of the elector, qualified in accordance with the provisions of section 1301, subsections (e), (f), (g) and (h) to vote by absentee ballot as herein provided, shall be required to include on the form of declaration a supporting declaration in form prescribed by the Secretary of the Commonwealth, to be signed by the head of the department or chief of division or bureau in which the 20190SB0414PN101320190SB0414PN0433 - 8 - elector is employed, setting forth the identity of the elector, spouse of the elector or dependent of the elector.

Any such elector referred to in this subsection, who is within the municipality of his residence, must present himself at his 20190SB0414PN101320190SB0414PN0433 - 9 - polling place and shall be permitted to vote upon presenting himself at his regular polling place in the same manner as he could have voted had he not received an absentee ballot:

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 20190SB0414PN101320190SB0414PN0433 - 10 - officers shall not permit said electors to vote at the polling place.

or (2) mail the ballot such that it is postmarked no later than the day immediately preceding FRIDAY BEFORE the election.

<-- (d) (1) When a ballot is presented to a county board of elections with a postmark that is missing or illegible, the board may determine that the ballot was timely cast and submitted if there are other reliable indicia of the date the ballot was sent.

Canvassing of Official Absentee Ballots.--* * * (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 20190SB0414PN101320190SB0414PN0433 - 11 - of the automatic tabulation equipment, whatever the case may be.] (Reserved).

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 20190SB0414PN101320190SB0414PN0433 - 12 - 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.

On the day fixed for said hearing, the county board shall proceed without delay to hear said challenges and, 20190SB0414PN101320190SB0414PN0433 - 13 - in hearing the testimony, the county board shall not be bound by technical rules of evidence.

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.] shall be canvassed in accordance with this section if the ballot is cast, submitted and received in accordance with the Uniformed and Overseas Citizens Absentee Voting Act (Public <--20190SB0414PN0433 20190SB0414PN1013 - 14 - Law 99-410, 100 Stat.

924) 25or PA.C.S.is received within the time specified for absentee ballots by this section if that time is longer.

CH.

35 (RELATING TO <-- UNIFORM MILITARY AND OVERSEAS VOTERS) or is received within the time specified for absentee ballots by this section if that time is longer.

on the seventh day following FRIDAY BEFORE the election if the absentee <-- ballot is postmarked no later than the day immediately preceding the election.

(3) When the county board meets to canvass absentee 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 Voters File," the absentee voters' list and/or the "Military Veterans and Emergency Civilians Absentee 20190SB0414PN1013 - 15 - Voters File," whichever is applicable.

If the county board has 20190SB0414PN0433 - 15 - 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 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:

(4) All absentee ballots not challenged for any of the reasons provided in paragraph (3) shall be counted and included 20190SB0414PN1013 - 16 - with the returns of the applicable election district as follows.

20190SB0414PN0433 - 16 - The county board shall open the envelope of every unchallenged absentee elector in such manner as not to destroy the declaration executed thereon.

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 20190SB0414PN1013 - 17 - decision.

20190SB0414PN0433 - 17 - (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.

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