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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GIBBONS, BELFANTI, BRENNAN, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GERGELY, JOSEPHS, KORTZ, KULA, MANDERINO, MUNDY, MUSTIO, PAYTON, SANTARSIERO, SANTONI, SIPTROTH, K. SMITH AND VULAKOVICH, MAY 29, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 2009 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," further providing for voting by absentee |
12 | electors. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 1306(a) of the act of June 3, 1937 |
16 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
17 | amended November 9, 2006 (P.L.1330, No.137), is amended to read: |
18 | Section 1306. Voting by Absentee Electors.--(a) Except as |
19 | provided in paragraphs (1), (2) and (3), at any time after |
20 | receiving an official absentee ballot, but on or before [five |
21 | o'clock P.M.] the close of business on the [Friday] Monday prior |
22 | to the primary or election, the elector shall, in secret, |
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1 | proceed to mark the ballot only in black lead pencil, indelible |
2 | pencil or blue, black or blue-black ink, in fountain pen or ball |
3 | point pen, and then fold the ballot, enclose and securely seal |
4 | the same in the envelope on which is printed, stamped or |
5 | endorsed "Official Absentee [Ballot."] Ballot": Provided, |
6 | however, That any elector who submits an emergency application |
7 | and receives an absentee ballot in accordance with section |
8 | 1302.1 shall mark the ballot on or before the close of business |
9 | on the day of the primary or election. |
10 | (1) Any elector who submits an Emergency Application and |
11 | receives an absentee ballot in accordance with section |
12 | 1302.1(a.2) or (c) shall mark the ballot on or before eight |
13 | o'clock P.M. on the day of the primary or election. This |
14 | envelope shall then be placed in the second one, on which is |
15 | printed the form of declaration of the elector, and the address |
16 | of the elector's county board of election and the local election |
17 | district of the elector. The elector shall then fill out, date |
18 | and sign the declaration printed on such envelope. Such envelope |
19 | shall then be securely sealed and the elector shall send same by |
20 | mail, postage prepaid, except where franked, or deliver it in |
21 | person to said county board of election. |
22 | (2) Any elector, spouse of the elector or dependent of the |
23 | elector, qualified in accordance with the provisions of section |
24 | 1301, subsections (e), (f), (g) and (h) to vote by absentee |
25 | ballot as herein provided, shall be required to include on the |
26 | form of declaration a supporting declaration in form prescribed |
27 | by the Secretary of the Commonwealth, to be signed by the head |
28 | of the department or chief of division or bureau in which the |
29 | elector is employed, setting forth the identity of the elector, |
30 | spouse of the elector or dependent of the elector. |
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1 | (3) Any elector who has filed his application in accordance |
2 | with section 1302 subsection (e)(2), and is unable to sign his |
3 | declaration because of illness or physical disability, shall be |
4 | excused from signing upon making a declaration which shall be |
5 | witnessed by one adult person in substantially the following |
6 | form: I hereby declare that I am unable to sign my declaration |
7 | for voting my absentee ballot without assistance because I am |
8 | unable to write by reason of my illness or physical disability. |
9 | I have made or received assistance in making my mark in lieu of |
10 | my signature. |
11 | .....................(Mark) |
12 | ................................... |
13 | (Date) |
14 | ............................... |
15 | (Signature of Witness) |
16 | ................................... |
17 | (Complete Address of Witness) |
18 | * * * |
19 | Section 2. This act shall apply to all elections conducted |
20 | after December 31, 2009, or the effective date of this act, |
21 | whichever is later. |
22 | Section 3. This act shall take effect in 60 days. |
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