Bill Text: PA HB934 | 2011-2012 | Regular Session | Amended

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Bill Title: In preliminary provisions, defining "proof of identification"; in the Secretary of the Commonwealth, providing for requirements relating to voter identification; 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 and challenges; in voting by qualified absentee electors, further providing for applications for official absentee ballots, for approval of application for absentee ballot, for delivering or mailing ballots, for canvassing of official absentee ballots and for public records; and providing for enforcement and for a special procedure at certain elections.

Spectrum: Partisan Bill (Republican 47-0)

Status: (Passed) 2012-03-14 - Act No. 18 [HB934 Detail]

Download: Pennsylvania-2011-HB934-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 1003, 1805, 2166, 2873 PRINTER'S NO. 3166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 934 Session of2011
INTRODUCED BY METCALFE, AUMENT, BARRAR, BOYD, CAUSER, CLYMER, COX, CREIGHTON, CRUZ, CUTLER, DENLINGER, DUNBAR, ELLIS, EVANKOVICH, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GRELL, GROVE, HELM, HICKERNELL, KAUFFMAN, KNOWLES, KRIEGER, MAHER, MARSHALL, MILLARD, MOUL, PEIFER, PERRY, PETRI, PICKETT, PYLE, RAPP, REED, ROAE, SACCONE, SAYLOR, SCHRODER, SIMMONS, SONNEY, STEVENSON, TALLMAN, TRUITT, VULAKOVICH AND REICHLEY, MARCH 4, 2011
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, MARCH 5, 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," in preliminary provisions, defining "proof of <--
identification"; in the Secretary of the Commonwealth,
providing for requirements relating to voter identification;
and, 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 and
challenges in preliminary provisions, defining "proof of <--
identification"; in the Secretary of the Commonwealth,
providing for requirements relating to voter identification;
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 and challenges;
in voting by qualified absentee electors, further providing
for applications for official absentee ballots, for approval
of application for absentee ballot, for delivering or mailing
ballots, for canvassing of official absentee ballots and for
public records; and providing for enforcement and for a
special procedure at certain elections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of June 3, 1937 (P.L.1333, <--
No.320), known as the Pennsylvania Election Code, is amended by
adding a definition 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
:
(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
a valid-without-photo identification card issued by the
Department of Transportation.
(2) In the case of all other electors, a document that:
(i) shows the name of the individual to whom the document
was issued and the name conforms to the name of the individual
as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date;
(iv) is not expired or expired after the date of the most
recent general election; and
(v) was issued by the United States or the Commonwealth.
Section 2. The act is amended by adding a section to read:
Section 206. Requirements Relating to Voter
Identification.--(a) The Secretary of the Commonwealth shall
20110HB0934PN3166 - 2 -
prepare and disseminate information to the public regarding the
proof of identification requirements established under section
1210.
(b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)
(relating to issuance and content of driver's license) to the
contrary, the Department of Transportation shall issue an
identification card described in 75 Pa.C.S. § 1510(b) at no cost
to any registered elector who has made application therefor and
has included with the completed application a statement signed
by the elector declaring that the elector does not possess proof
of identification and requires proof of identification for
voting purposes.
(c) The Secretary of the Commonwealth shall prepare the form
of the statement described in subsection (b) and shall
distribute the form to the counties and the Department of
Transportation. The Secretary of the Commonwealth, the Secretary
of Transportation and the county boards of election shall
disseminate information to the public regarding the availability
of identification cards under subsection (b).
Section 3. Section 1210(a), (a.1), (a.2), (a.3) and (a.4)(1)
and (5) of the act, amended October 8, 2004 (P.L.807, No.97) and
May 12, 2006 (P.L.178, No.45), are amended and the section is
amended by adding a subsection 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) [At]
Except as otherwise provided in subsection (a.1), at every
primary and election each elector who appears to vote [in that
election district for the first time] and who desires to vote
shall first present to an election officer [one of the following
20110HB0934PN3166 - 3 -
forms of photo identification:
(1) a valid driver's license or identification card issued
by the Department of Transportation;
(2) a valid identification card issued by any other agency
of the Commonwealth;
(3) a valid identification card issued by the United States
Government;
(4) a valid United States passport;
(5) a valid student identification card;
(6) a valid employe identification card; or
(7) a valid armed forces of the United States identification
card] proof of identification.
The election officer shall examine the proof of identification
presented by the elector and sign an affidavit stating that this
has been done.
(a.1) [Where the elector does not have a photo
identification as provided for in subsection (a), the elector
shall present for examination one of the following forms of
identification that shows the name and address of the elector:
(1) nonphoto identification issued by the Commonwealth, or
any agency thereof;
(2) nonphoto identification issued by the United States
Government, or agency thereof;
(3) a firearm permit;
(4) a current utility bill;
(5) a current bank statement;
(6) a paycheck;
(7) a government check.
The election officer shall examine the identification presented
by the elector and sign an affidavit stating that this has been
20110HB0934PN3166 - 4 -
done.] In the case of an elector who resides in a care facility
and votes in a polling place that is located in the care
facility, the following shall apply:
(1) 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 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.
(a.2) If the elector is unable to produce proof of
identification:
(1) on the grounds that the elector is indigent and unable
to obtain proof of identification without the payment of a fee;
or
(2) on any other grounds
or the elector's proof of identification is challenged by the
judge of elections, the elector shall be permitted to cast a
provisional ballot in accordance with subsection (a.4).
(a.3) (1) All electors, including any elector that shows
proof of identification pursuant to subsection (a), shall
subsequently sign a voter's certificate in blue, black or blue-
black ink with a fountain pen or ball point pen, and, unless he
is a State or Federal employe who has registered under any
registration act without declaring his residence by street and
number, he shall insert his address therein, and hand the same
to the election officer in charge of the district register.
(2) Such election officer shall thereupon announce the
elector's name so that it may be heard by all members of the
election board and by all watchers present in the polling place
20110HB0934PN3166 - 5 -
and shall compare the elector's signature on his voter's
certificate with his signature in the district register. If,
upon such comparison, the signature upon the voter's certificate
appears to be genuine, the elector who has signed the
certificate shall, if otherwise qualified, be permitted to vote:
Provided, That if the signature on the voter's certificate, as
compared with the signature as recorded in the district
register, shall not be deemed authentic by any of the election
officers, such elector shall not be denied the right to vote for
that reason, but shall be considered challenged as to identity
and required to make the affidavit and produce the evidence as
provided in subsection (d) of this section.
(3) When an elector has been found entitled to vote, the
election officer who examined his voter's certificate and
compared his signature shall sign his name or initials on the
voter's certificate, shall, if the elector's signature is not
readily legible, print such elector's name over his signature,
and the number of the stub of the ballot issued to him or his
number in the order of admission to the voting machines, and at
primaries a letter or abbreviation designating the party in
whose primary he votes shall also be entered by one of the
election officers or clerks.
(4) As each voter is found to be qualified and votes, the
election officer in charge of the district register shall write
or stamp the date of the election or primary, the number of the
stub of the ballot issued to him or his number in the order of
admission to the voting machines, and at primaries a letter or
abbreviation designating the party in whose primary he votes,
and shall sign his name or initials in the proper space on the
registration card of such voter contained in the district
20110HB0934PN3166 - 6 -
register.
(5) As each voter votes, his name in the order of voting
shall be recorded in two (2) numbered lists of voters provided
for that purpose, with the addition of a note of each voter's
party enrollment after his name at primaries.
(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 [are voting for the first
time at the election district] appear to vote shall be required
to produce proof of identification pursuant to subsection (a) or
(a.1) 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.
* * *
(5) (i) Except as provided in subclause (ii), if it is
determined that the individual was registered and entitled to
vote at the election district where the ballot was cast, the
county board of elections shall compare the signature on the
provisional ballot envelope with the signature on the elector's
registration form and, if the signatures are determined to be
genuine, shall count the ballot if the county board of elections
confirms that the individual did not cast any other ballot,
including an absentee ballot, in the election.
(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;
20110HB0934PN3166 - 7 -
(B) the signature required under clause (3) and the
signature required under clause (2) are either not genuine or
are not executed by the same individual; [or]
(C) a provisional ballot envelope does not contain a secrecy
envelope;
(D) in the case of a provisional ballot that was cast under
subsection (a.2)(2), the elector fails to appear before the
county board of elections within six calendar days following the
election to execute an affidavit 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)(3), the elector fails to appear before the
county board of elections within six calendar days following the
election to present proof of identification and execute an
affidavit 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.
(iii) One authorized representative of each candidate in an
election and one representative from each party shall be
permitted to remain in the room in which deliberation or
determination of subclause (ii) is being made.
* * *
(f) As used in this section, "care facility" means any of
the following:
(1) A long-term care nursing facility as defined in section
20110HB0934PN3166 - 8 -
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
"Health Care Facilities Act."
(2) An assisted living residence as defined in section 1001
of the act of June 13, 1967 (P.L.31, No.21), known as the
"Public Welfare Code."
Section 4. The amendment of section 1210 of the act shall
apply to elections held after January 1, 2012.
Section 5. This act shall take effect July 1, 2011, or
immediately, whichever is later.
Section 1. Section 102 of the act of June 3, 1937 (P.L.1333, <--
No.320), known as the Pennsylvania Election Code, is amended by
adding a definition 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:
(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
a valid-without-photo identification card issued by the
Department of Transportation.
(2) For an elector who appears to vote under section 1210, a
document that:
(i) shows the name of the individual to whom the document
was issued and the name substantially conforms to the name of
the individual as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date and is not expired,
except:
20110HB0934PN3166 - 9 -
(A) for a document issued by the Department of
Transportation which is not more than twelve (12) months past
the expiration date; or
(B) in the case of a document from an agency of the Armed
forces of the United States or their reserve components,
including the Pennsylvania National Guard, establishing that the
elector is a current member of or a veteran of the United States
Armed Forces or National Guard which does not designate a
specific date on which the document expires, but includes a <--
designation that the expiration date is indefinite; and
(iv) was issued by one of the following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employe of <--
that municipality.
(C) (D) An accredited Pennsylvania public or private <--
institution of higher learning.
(D) (E) A Pennsylvania care facility. <--
(3) For a qualified absentee elector under section 1301:
(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
20110HB0934PN3166 - 10 -
copy of a document that satisfies paragraph (2).
Section 2. The act is amended by adding a section to read:
Section 206. Requirements Relating to Voter
Identification.--(a) The Secretary of the Commonwealth shall
prepare and disseminate information to the public regarding the
proof of identification requirements established under sections
1210 and 1302.
(b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)
(relating to issuance and content of driver's license) to the
contrary, the Department of Transportation shall issue an
identification card described in 75 Pa.C.S. § 1510(b) at no cost
to any registered elector who has made application therefor and
has included with the completed application a statement signed
by the elector declaring under oath or affirmation that the
elector does not possess proof of identification as defined in
section 102(z.5)(2) and requires proof of identification for
voting purposes.
(c) The Secretary of the Commonwealth shall prepare the form
of the statement described in subsection (b) and shall
distribute the form to the counties and the Department of
Transportation. The Secretary of the Commonwealth, the Secretary
of Transportation and the county boards of election shall
disseminate information to the public regarding the availability
of identification cards under subsection (b).
Section 3. Section 1210(a), (a.1), (a.2), (a.3) and (a.4)(1)
and (5) of the act, amended October 8, 2004 (P.L.807, No.97) and
May 12, 2006 (P.L.178, No.45), are amended and the section is
amended by adding a subsection to read:
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
20110HB0934PN3166 - 11 -
Register; Numbered Lists of Voters; Challenges.--(a) At every
primary and election each elector who appears to vote [in that
election district for the first time] and who desires to vote
shall first present to an election officer [one of the following
forms of photo identification:
(1) a valid driver's license or identification card issued
by the Department of Transportation;
(2) a valid identification card issued by any other agency
of the Commonwealth;
(3) a valid identification card issued by the United States
Government;
(4) a valid United States passport;
(5) a valid student identification card;
(6) a valid employe identification card; or
(7) a valid armed forces of the United States identification
card] proof of identification.
The election officer shall examine the proof of identification
presented by the elector and sign an affidavit stating that this
has been done.
[(a.1) Where the elector does not have a photo
identification as provided for in subsection (a), the elector
shall present for examination one of the following forms of
identification that shows the name and address of the elector:
(1) nonphoto identification issued by the Commonwealth, or
any agency thereof;
(2) nonphoto identification issued by the United States
Government, or agency thereof;
(3) a firearm permit;
(4) a current utility bill;
(5) a current bank statement;
20110HB0934PN3166 - 12 -
(6) a paycheck;
(7) a government check.
The election officer shall examine the identification presented
by the elector and sign an affidavit stating that this has been
done.]
(a.2) [If the elector is unable to produce identification or
the elector's identification is challenged by the judge of
elections, the elector shall be permitted to cast a provisional
ballot in accordance with subsection (a.4).] If any of the
following apply the elector shall be permitted to cast a
provisional ballot in accordance with subsection (a.4):
(1) The elector is unable to produce proof of
identification:
(i) on the grounds that the elector is indigent and unable
to obtain proof of identification without the payment of a fee;
or
(ii) on any other grounds.
(2) The elector's proof of identification is challenged by
the judge of elections.
(a.3) (1) All electors, including any elector that shows
proof of identification pursuant to subsection (a), shall
subsequently sign a voter's certificate in blue, black or blue-
black ink with a fountain pen or ball point pen, and, unless he
is a State or Federal employe who has registered under any
registration act without declaring his residence by street and
number, he shall insert his address therein, and hand the same
to the election officer in charge of the district register.
(2) Such election officer shall thereupon announce the
elector's name so that it may be heard by all members of the
election board and by all watchers present in the polling place
20110HB0934PN3166 - 13 -
and shall compare the elector's signature on his voter's
certificate with his signature in the district register. If,
upon such comparison, the signature upon the voter's certificate
appears to be genuine, the elector who has signed the
certificate shall, if otherwise qualified, be permitted to vote:
Provided, That if the signature on the voter's certificate, as
compared with the signature as recorded in the district
register, shall not be deemed authentic by any of the election
officers, such elector shall not be denied the right to vote for
that reason, but shall be considered challenged as to identity
and required to make the affidavit and produce the evidence as
provided in subsection (d) of this section.
(3) When an elector has been found entitled to vote, the
election officer who examined his voter's certificate and
compared his signature shall sign his name or initials on the
voter's certificate, shall, if the elector's signature is not
readily legible, print such elector's name over his signature,
and the number of the stub of the ballot issued to him or his
number in the order of admission to the voting machines, and at
primaries a letter or abbreviation designating the party in
whose primary he votes shall also be entered by one of the
election officers or clerks.
(4) As each voter is found to be qualified and votes, the
election officer in charge of the district register shall write
or stamp the date of the election or primary, the number of the
stub of the ballot issued to him or his number in the order of
admission to the voting machines, and at primaries a letter or
abbreviation designating the party in whose primary he votes,
and shall sign his name or initials in the proper space on the
registration card of such voter contained in the district
20110HB0934PN3166 - 14 -
register.
(5) As each voter votes, his name in the order of voting
shall be recorded in two (2) numbered lists of voters provided
for that purpose, with the addition of a note of each voter's
party enrollment after his name at primaries.
(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 [are voting for the first
time at the election district] appear to vote shall be required
to produce proof of identification pursuant to subsection (a)
[or (a.1)] 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.
* * *
(5) (i) Except as provided in subclause (ii), if it is
determined that the individual was registered and entitled to
vote at the election district where the ballot was cast, the
county board of elections shall compare the signature on the
provisional ballot envelope with the signature on the elector's
registration form and, if the signatures are determined to be
genuine, shall count the ballot if the county board of elections
confirms that the individual did not cast any other ballot,
including an absentee ballot, in the election.
(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;
20110HB0934PN3166 - 15 -
(B) the signature required under clause (3) and the
signature required under clause (2) are either not genuine or
are not executed by the same individual; [or]
(C) a provisional ballot envelope does not contain a secrecy
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.
(iii) One authorized representative of each candidate in an
election and one representative from each party shall be
permitted to remain in the room in which deliberation or
determination of subclause (ii) is being made.
20110HB0934PN3166 - 16 -
* * *
(f) As used in this section, "care facility" means any of
the following:
(1) A long-term care nursing facility as defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
"Health Care Facilities Act."
(2) An assisted living residence or a personal care home as
defined in section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the "Public Welfare Code."
Section 4. Section 1302(e) and (e.2) of the act, amended
February 13, 1998 (P.L.72, No.18), are amended and the section
is amended by adding a subsection to read:
Section 1302. Applications for Official Absentee Ballots.--*
* *
(e) Any qualified bedridden or hospitalized veteran absent
from the municipality of his residence and unable to attend his
polling place because of such illness or physical disability,
regardless of whether he is registered or enrolled, may apply at
any time before any primary or election for an official absentee
ballot on any official county board of election form addressed
to the Secretary of the Commonwealth of Pennsylvania or the
county board of elections of the county in which his voting
residence is located.
The application shall contain the following information:
Residence at the time of becoming bedridden or hospitalized,
length of time a citizen, length of residence in Pennsylvania,
date of birth, length of time a resident in voting district,
voting district if known, party choice in case of primary, name
and address of present residence or hospital at which
hospitalized. When such application is received by the Secretary
20110HB0934PN3166 - 17 -
of the Commonwealth, it shall be forwarded to the proper county
board of elections.
The application for an official absentee ballot for any
primary or election shall be made on information supplied over
the signature of the bedridden or hospitalized veteran as
required in the preceding subsection. Any qualified registered
elector, including a spouse or dependent referred to in
subsection (l) of section 1301, who expects to be or is absent
from the municipality of his residence because his duties,
occupation or business require him to be elsewhere on the day of
any primary or election and any qualified registered elector who
is unable to attend his polling place on the day of any primary
or election because of illness or physical disability and any
qualified registered bedridden or hospitalized veteran in the
county of residence, or in the case of a county employe who
cannot vote due to duties on election day relating to the
conduct of the election, or in the case of a person who will not
attend a polling place because of the observance of a religious
holiday, may apply to the county board of elections of the
county in which his voting residence is located for an Official
Absentee Ballot. Such application shall be made upon an official
application form supplied by the county board of elections. Such
official application form shall be determined and prescribed by
the Secretary of the Commonwealth of Pennsylvania.
(1) The application of any qualified registered elector,
including spouse or dependent referred to in subsection (l) of
section 1301, who expects to be or is absent from the
municipality of his residence because his duties, occupation or
business require him to be elsewhere on the day of any primary
or election, or in the case of a county employe who cannot vote
20110HB0934PN3166 - 18 -
due to duties on election day relating to the conduct of the
election, or in the case of a person who will not attend a
polling place because of the observance of a religious holiday,
shall be signed by the applicant and shall include the surname
and given name or names of the applicant, proof of
identification, his occupation, date of birth, length of time a
resident in voting district, voting district if known, place of
residence, post office address to which ballot is to be mailed,
the reason for his absence, and such other information as shall
make clear to the county board of elections the applicant's
right to an official absentee ballot.
(2) The application of any qualified registered elector who
is unable to attend his polling place on the day of any primary
or election because of illness or physical disability and the
application of any qualified registered bedridden or
hospitalized veteran in the county of residence shall be signed
by the applicant and shall include surname and given name or
names of the applicant, proof of identification, his occupation,
date of birth, residence at the time of becoming bedridden or
hospitalized, length of time a resident in voting district,
voting district if known, place of residence, post office
address to which ballot is to be mailed, and such other
information as shall make clear to the county board of elections
the applicant's right to an official ballot. In addition, the
application of such electors shall include a declaration stating
the nature of their disability or illness, and the name, office
address and office telephone number of their attending
physician: Provided, however, That in the event any elector
entitled to an absentee ballot under this subsection be unable
to sign his application because of illness or physical
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disability, he 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 an absentee 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.2) Notwithstanding the other provisions of this act any
qualified elector who expects to be or is absent from the
municipality of his residence because his duties, occupation or
business require him to be elsewhere on the day of any election
or a county employe who cannot vote due to duties on election
day relating to the conduct of the election or a person who will
not attend a polling place because of the observance of a
religious holiday may make an application for an absentee ballot
by mail by sending a letter to the county board of elections in
the county in which his voting residence is located. The letter
shall be signed by the applicant and contain his name [and],
place of residence and proof of identification.
* * *
(j) Notwithstanding the provisions of this section requiring
proof of identification, 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
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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 5. Section 1302.2(c) and (d) of the act, amended
December 11, 1968 (P.L.1183, No.375), are amended and the
section is amended by adding a subsection to read:
Section 1302.2. Approval of Application for Absentee
Ballot.--
* * *
(c) The county board of elections, upon receipt of any
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
be made to the county board of elections prior to 5:00 o'clock
P. M. on the first Friday prior to the election. 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
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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 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.
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(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.
* * *
(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 6. Section 1305 of the act, amended August 13, 1963
(P.L.707, No.379) and December 17, 1990 (P.L.681, No.169), is
amended to read:
Section 1305. 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
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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
prescribed by subsection (d) of section 1303 when official
absentee ballots are not yet printed; as additional applications
of such electors are received, the board shall deliver or mail
official absentee ballots or special write-in absentee ballots
when official absentee ballots are not yet printed to such
additional electors within forty-eight hours after approval of
their application. If the calling of a special election would
make it impossible to comply with the forty-five day delivery or
mailing requirement of this section, then the county board of
elections shall mail absentee ballots or special write-in
absentee ballots within five days of the county board's receipt
of the information necessary to prepare said ballots.
(b) 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 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, the board shall deliver or mail
official absentee ballots to such additional electors within
forty-eight hours.
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(c) 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 7. Section 1308(g)(2) and (3) of the act, added May
12, 2006 (P.L.178, No.45), are amended and the section is
amended by adding subsections to read:
Section 1308. Canvassing of Official Absentee Ballots.--* * *
(g) * * *
(2) The county board of elections shall meet on the eighth
day following the election to canvass the absentee ballots
received under this subsection and subsection (h)(2). 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 are
canvassed. Representatives shall be permitted to challenge any
absentee elector in accordance with the provisions of paragraph
(3).
(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
Voters File," whichever is applicable. If the county board has
verified the proof of identification as required under this act
is satisfied that the declaration is sufficient and the
20110HB0934PN3166 - 25 -
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: (i) that the absentee
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).
* * *
(h) For those absentee 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 to the local election districts, then the
20110HB0934PN3166 - 26 -
county shall distribute the absentee ballots for which proof of
identification is received and verified, along with the other
absentee ballots, to the absentee 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' being sent to the appropriate
local election districts, the county board shall keep the
absentee 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 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 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 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 shall not be counted.
(i) 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 8. Section 1309 of the act, amended August 13, 1963
20110HB0934PN3166 - 27 -
(P.L.707, No.379), is amended to read:
Section 1309. Public Records.--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 [shall] be made public
which is expressly forbidden by the [War] Department of Defense
because of military security.
Section 9. The act is amended by adding a section to read:
Section 1854. Enforcement.--
(1) The Attorney General shall have prosecutorial
jurisdiction over all violations committed under this act.
(2) The district attorney of any county in which a violation
has occurred shall have concurrent powers and responsibilities
with the Attorney General over violations committed under this
act.
Section 10. The following shall apply to elections held
after January 1, 2012, and prior to September 17, 2012:
(1) (i) Except as provided under subparagraph (ii) and
notwithstanding any law, election officials at the
polling place at an election held after January 1, 2012,
shall request that every elector show proof of
identification.
(ii) Notwithstanding subparagraph (i), prior to
September 17, 2012, if the elector does not provide proof
of identification and the elector is otherwise qualified,
the elector may cast a ballot that shall be counted
without the necessity of presenting proof of
20110HB0934PN3166 - 28 -
identification and without the necessity of casting a
provisional ballot, except as required by the act.
(2) Beginning January 1, 2012, if any elector votes at a
polling place at an election and does not provide proof of
identification and will be required to provide proof of
identification beginning September 17, 2012, the election
official that requested the proof of identification shall
provide to the elector written information prescribed by the
Secretary of the Commonwealth briefly describing the voter
identification requirement created by this act and inform the
elector that he or she will be required to comply with that
requirement when voting at future elections beginning
September 17, 2012, unless an exemption applies.
Section 11. The amendment of sections 102, 1210, 1302,
1302.2, 1305, 1308 and 1309 of the act shall apply to elections
held after September 17, 2012.
Section 12. This act shall take effect immediately.
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