Bill Text: PA HB2497 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for requirements relating to voter identification, and for notice of November elections; for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges; and providing for conduct of early voting in primaries and elections.

Spectrum: Partisan Bill (Democrat 60-1)

Status: (Introduced - Dead) 2012-06-22 - Referred to STATE GOVERNMENT [HB2497 Detail]

Download: Pennsylvania-2011-HB2497-Introduced.html

---

PRINTER'S NO. 3807
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2497 Session of2012
INTRODUCED BY PASHINSKI, BARBIN, BISHOP, BRADFORD, BRENNAN, BRIGGS, V. BROWN, BROWNLEE, BURNS, CALTAGIRONE, COHEN, CONKLIN, D. COSTA, CRUZ, DALEY, DAVIDSON, DEAN, DEASY, DeLUCA, DERMODY, DONATUCCI, FABRIZIO, FRANKEL, GEORGE, GERGELY, GIBBONS, GOODMAN, HALUSKA, HARKINS, HORNAMAN, JAMES, JOSEPHS, KORTZ, KOTIK, LONGIETTI, MAHONEY, MANN, MARKOSEK, MATZIE, McGEEHAN, MUNDY, MURT, NEILSON, M. O'BRIEN, PARKER, PAYTON, RAVENSTAHL, SABATINA, SAINATO, SANTARSIERO, SANTONI, SCHMOTZER, K. SMITH, STABACK, STURLA, THOMAS, VITALI, WATERS, WILLIAMS, YOUNGBLOOD AND FREEMAN, JUNE 22, 2012
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 22, 2012
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," further providing for requirements relating to
voter identification, and for notice of November elections;
for manner of applying to vote, persons entitled to vote,
voter's certificates, entries to be made in district
register, numbered lists of voters and challenges; and
providing for conduct of early voting in primaries and
elections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 206(a) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
added March 14, 2012 (P.L.195, No.18), is amended to read:
Section 206. Requirements Relating to Voter
Identification.--(a) The Secretary of the Commonwealth shall
prepare and disseminate information, in English and Spanish, to
the public regarding the proof of identification requirements
established under sections 1210 and 1302.
* * *
Section 2. Section 1201 of the act, amended July 14, 1961
(P.L.647, No.333), is amended to read:
Section 1201. Notice of November Elections.--The county
board of each county shall, not earlier than ten days nor later
than three days before each November election, give notice of
the same by newspaper publication in the county in accordance
with the provisions of section 106 of this act, said notice to
be published twice in counties of the first class and once in
all other counties. Such notice shall set forth--(a) the
officers to be elected in the State at large, or in said county,
or in any district of which said county or part thereof forms a
part, or in any city, borough, township, school district, poor
district, ward or other district which is contained in such
county; (b) the names of the candidates for election to Federal,
State, county and city offices, whose names will appear upon the
ballots or ballot labels; (c) the text of all constitutional
amendments and other questions to be submitted at such election;
(d) the places at which the election is to be held in the
various election districts of the county; [and] (e) the date of
the election and the hours during which the polls will be open;
and (f) the requirements for proof of identification in
accordance with the provisions of section 1210 of this act. Such
notice may include a portion of the form of ballot or diagram of
20120HB2497PN3807 - 2 -
the face of the voting machine in reduced size.
* * *
Section 3. Section 1210(a) of the act, amended March 14,
2012 (P.L.195, No.18), is amended and the section is amended by
adding subsections to read:
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--(a) (1) At
every primary and election each elector who appears to vote and
who desires to vote shall first present to an election officer
proof of identification.
(2) The election officer shall examine the proof of
identification presented by the elector and sign an affidavit
stating that this has been done.
(3) In the case of an elector who resides in a care
facility, the following shall apply:
(i) For the primary or election at which the elector appears
to vote in the election district for the first time, the elector
shall first present to an election officer a current utility
bill, current bank statement, government check or proof of
identification.
(ii) The election officer shall examine the document or
proof of identification presented by the elector and sign an
affidavit stating that this has been done.
* * *
(a.5) Notwithstanding any other provision of this section,
in lieu of the requirements of subsection (a), an elector who
does not possess proof of identification shall be permitted to
cast a provisional ballot if the elector mails a photocopy of
proof of identification, postmarked no later than the day
20120HB2497PN3807 - 3 -
following the election and provides a notarized affidavit
prescribed by the Secretary of the Commonwealth, swearing or
affirming that the elector appeared at the election district and
voted a provisional ballot. The county board of elections shall
supply each election district with a sufficient supply of
affidavit forms and envelopes that are preaddressed to the
county board of elections for this purpose.
(a.6) Notwithstanding any other provision of this section,
an elector, other than an elector who appears to vote in that
election district for the first time, who does not possess proof
of identification satisfies the requirements of subsection (a)
by, on a form prescribed by the Secretary of the Commonwealth,
writing the elector's residential address and date of birth,
printing the elector's name and signing an affidavit that the
elector is the elector whose name appears in the district
register. The county board of elections shall supply each
election district with a sufficient supply of such forms.
(a.7) Notwithstanding any other provision of this section,
an elector, other than an elector who appears to vote in that
election district for the first time, who does not possess proof
of identification satisfies the requirements of subsection (a)
if an elector with proof of identification verifies the identity
of the elector and, on a form prescribed by the Secretary of the
Commonwealth, signs an affidavit swearing or affirming that the
person is the person identified in the district register. The
county board of elections shall supply each election district
with a sufficient supply of such forms.
(a.8) Notwithstanding any other provision of this section,
an elector, other than an elector who appears to vote in that
election district for the first time, who does not possess proof
20120HB2497PN3807 - 4 -
of identification satisfies the requirements of subsection (a)
by signing, on a form prescribed by the Secretary of the
Commonwealth, an affidavit swearing or affirming that the person
is the person identified in the district register.
(a.9) An elector, other than an elector who appears to vote
in that election district for the first time, who is a veteran
of any of the following services shall be exempt from the
provisions of subsection (a):
(1) Active and reserve components of the Army, Navy, Air
Force, Marine Corps or Coast Guard of the United States.
(2) The National Guard and the Pennsylvania National Guard.
(3) The United States Merchant Marine.
The elector shall establish the elector's status under this
subsection by signing an affidavit, on a form prescribed by the
Secretary of the Commonwealth, swearing or affirming that the
elector is a veteran of one of the enumerated services. The
county board of elections shall supply each election district
with a sufficient supply of such forms.
(a.10) Notwithstanding any other provision of this section,
in lieu of the requirements of subsection (a), an elector who
does not possess proof of identification shall be permitted to
cast a provisional ballot if the elector mails a photocopy of
proof of identification, postmarked no later than the day
following the election and provides an affidavit prescribed by
the Secretary of the Commonwealth, swearing or affirming that
the elector appeared at the election district and voted a
provisional ballot. The county board of elections shall supply
each election district with a sufficient supply of affidavit
forms and envelopes that are preaddressed to the county board of
elections for this purpose.
20120HB2497PN3807 - 5 -
Section 4. The act is amended by adding an article to read:
ARTICLE XII-A
CONDUCT OF EARLY VOTING
IN PRIMARIES AND ELECTIONS
Section 1201-A. Early voting period.
The county board of each county shall provide for early
voting to begin 35 days prior to the dates of elections and
primaries established in accordance with Article VI and to end
the Friday before the starting date.
Section 1202-A. Early voting sites.
Early voting shall be conducted at the main office of the
county board or any alternative sites designated by the county
board during the early voting period established in accordance
with section 1201-A. The county board shall make available at
these sites the same equipment used on election day as provided
for in Article XI.
Section 1203-A. Days and times for opening and closing polls at
early voting sites.
The county board of each county shall designate the days and
hours that early voting sites will be open, provided that all
sites throughout the county shall have uniform days and hours,
shall be open eight hours each weekday, shall be open a minimum
of an aggregate eight hours each weekend and shall not open
prior to 7 a.m. Eastern Standard Time or close before 7 p.m.
Eastern Standard Time.
Section 1204-A. Voter's certificates and elector
identification.
At each early voting site, the county board shall prepare a
suitable number of voter's certificates as provided by section
1203. Each elector who appears to vote at an early voting site
20120HB2497PN3807 - 6 -
shall complete a voter certificate and shall present to an
election officer one of the forms of photo identification as
established in section 1210.
Section 1205-A. Voting check list.
The county board shall maintain a voting check list as
provided for in section 1212 in such a way to ensure that
electors are prohibited from casting additional ballots at
either an early voting site or on election day in their
precinct.
Section 1206-A. Disposition of returns.
The county board shall track votes by precinct but shall not
tabulate votes prior to the close of the polls on election day.
Section 1207-A. Applicability of Article XII.
Except as provided in this article, the provisions of Article
XII shall apply to early voting in primaries and elections.
Section 5. This act shall take effect in 60 days.
20120HB2497PN3807 - 7 -