Bill Summary – FastDemocracy

PRINTER'S NO.   13
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 25
                                               Session of
                                                 2021
     INTRODUCED BY PUSKARIC, ROAE, KAUFFMAN, KNOWLES, MILLARD, COOK,
        GROVE, KEEFER, JAMES, WARNER, GAYDOS AND MOUL,
        JANUARY 11, 2021
     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 11, 2021
                                    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," repealing provisions relating to voting by
    qualified mail-in electors; and making conforming and
    editorial changes.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 102(q.1), (z.5)(3) and (z.6) of the act
 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
 Election Code, amended or added October 31, 2019 (P.L.552,
 No.77) and March 27, 2020 (P.L.41, No.12), are amended 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:
    * * *
    (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.5)    The words "proof of identification" shall mean:
    * * *
    (3)    For a qualified absentee elector under section 1301 [or
 a qualified mail-in elector under section 1301-D]:
    (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
 copy of a document that satisfies paragraph (2).
    [(z.6)   The words "qualified mail-in elector" shall mean a
 qualified 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, amended March 27, 2020
 (P.L.41, No.12), is amended to read:
    Section 302.   Powers and Duties of County Boards.--The county
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 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 cast in the election district
 and statements signed under [sections] section 1306 [and 1302-
 D].
       Section 3.   Section 1007(b) of the act, amended November 27,
 2019 (P.L.673, No.94), is amended to read:
       Section 1007.   Number of Ballots to Be Printed; Specimen
 Ballots.--* * *
       (b)   The county board of each county shall also, in addition
 to the number of ballots required to be printed for general
 distribution, maintain a sufficient supply of such ballots at
 the office of the county board for the use of absentee electors
 [or mail-in electors] and for the use of any district, the
 ballots for which may be lost, destroyed or stolen. They shall
 also cause to be printed on tinted paper, and without the
 facsimile endorsements or permanent binding, copies of the form
 of ballots provided for each polling place at each primary or
 election therein, which shall be called specimen ballots, and
 which shall be of the same size and form as the official
 ballots, and at each election they shall deliver to the election
 officers, in addition to the official ballots to be used at such
 election, a suitable supply of specimen ballots for the use of
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 the electors. At each primary, a suitable supply of specimen
 ballots of each party shall be furnished.
    Section 4.     Section 1210(a.4)(5)(ii)(F) 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
 Register; Numbered Lists of Voters; Challenges.--* * *
    (a.4)    * * *
    (5)    * * *
    (ii)     A provisional ballot shall not be counted if:
    * * *
    (F)    the elector's absentee ballot [or mail-in ballot] is
 timely received by a county board of elections.
    * * *
    Section 5.     Section 1302.2(c) of the act, amended March 27,
 2020 (P.L.41, No.12), is amended 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 was not a
20210HB0025PN0013                    - 4 -
 qualified elector. Such challenges must be made to the county
 board of elections prior to five o'clock p.m. on the Friday
 prior to the election[: 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].
    * * *
    Section 6.    Sections 1302.3 heading and (c) and 1305(b) of
 the act, amended October 31, 2019 (P.L.552, No.77), are amended
 to read:
    Section 1302.3.    Absentee and [Mail-in Electors] Files and
 Lists.--
    * * *
    (c)     Not less than five days preceding the election, the
 chief clerk shall prepare a list for each election district
 showing the names and post office addresses of all voting
 residents thereof to whom official absentee [or mail-in] ballots
 shall have been issued. Each such list shall be prepared in
 duplicate, shall be headed "Persons in (give identity of
 election district) to whom absentee [or mail-in] 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.
 He shall post the original of each such list in a conspicuous
 place in the office of the county election board and see that it
 is kept so posted until the close of the polls on election day.
 He shall cause the duplicate of each such list to be delivered
 to the judge of election in the election district in the same
 manner and at the same time as are provided in this act for the
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 delivery of other election supplies, and it shall be the duty of
 such judge of election to post such duplicate list in a
 conspicuous place within the polling place of his district and
 see that it is kept so posted throughout the time that the polls
 are open. Upon written request, he shall furnish a copy of such
 list to any candidate or party county chairman.
    Section 1305.   Delivering or Mailing Ballots.--
    * * *
    (b)   (1)   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 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 ballots not later than 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
 after the time that the county board of elections begins
 delivering or mailing official absentee [and mail-in] ballots,
 the board shall deliver or mail official absentee ballots to
 such additional electors within forty-eight hours.
    (2)   Notwithstanding any other provisions of this act and
 notwithstanding the inclusion of a mailing address on an
 absentee [or mail-in] ballot application, a voter who presents
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 the voter's own application for an absentee [or mail-in] ballot
 within the office of the county board of elections during
 regular business hours may request to receive the voter's
 absentee [or mail-in] ballot while the voter is at the office.
 This request may be made orally or in writing. Upon presentation
 of the application and the making of the request and upon
 approval under [sections] section 1302.2 [and 1302.2-D], the
 county board of elections shall promptly present the voter with
 the voter's absentee [or mail-in] ballot. If a voter presents
 the voter's application within the county board of elections'
 office in accordance with this section, a county board of
 elections may not deny the voter's request to have the ballot
 presented to the voter while the voter is at the office unless
 there is a bona fide objection to the absentee [or mail-in]
 ballot application.
    * * *
    Section 7.    Section 1306(b)(3) of the act, amended March 27,
 2020 (P.L.41, No.12), is amended to read:
    Section 1306.   Voting by Absentee Electors.--* * *
    (b)   * * *
    (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
20210HB0025PN0013                   - 7 -
    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 8.   Section 1308(a), (b), (d), (f), (g) and (h) of
 the act, amended October 31, 2019 (P.L.552, No.77) and March 27,
 2020 (P.L.41, No.12), are amended to read:
    Section 1308.   Canvassing of Official Absentee Ballots [and
 Mail-in Ballots].--(a)   The county boards of election, upon
 receipt of official absentee ballots in sealed official absentee
 ballot envelopes as provided under this article [and mail-in
 ballots as in sealed official mail-in ballot envelopes as
 provided under Article XIII-D], shall safely keep the ballots in
 sealed or locked containers until they are to be canvassed by
 the county board of elections. An absentee ballot, whether
 issued to a civilian, military or other voter during the regular
 or emergency application period, shall be canvassed in
 accordance with subsection (g). [A mail-in ballot shall be
 canvassed in accordance with subsection (g).]
    (b)   Watchers shall be permitted to be present when the
 envelopes containing official absentee ballots [and mail-in
 ballots] are opened and when such ballots are counted and
 recorded.
20210HB0025PN0013                    - 8 -
    * * *
    (d)    Whenever it shall appear by due proof that any absentee
 elector [or mail-in elector] who has returned his ballot in
 accordance with the provisions of this act has died prior to the
 opening of the polls on the day of the primary or election, the
 ballot of such deceased elector shall be rejected by the
 canvassers but the counting of the ballot of an absentee elector
 [or a mail-in elector] thus deceased shall not of itself
 invalidate any nomination or election.
    (f)    Any person challenging an application for an absentee
 ballot[,] or an absentee ballot[, an application for a mail-in
 ballot or a mail-in ballot] for any of the reasons provided in
 this act shall deposit the sum of ten dollars ($10.00) in cash
 with the county board, which sum shall only be refunded if the
 challenge is sustained or if the challenge is withdrawn within
 five (5) days after the primary or election. If the challenge is
 dismissed by any lawful order then the deposit shall be
 forfeited. The county board shall deposit all deposit money in
 the general fund of the county.
    Notice of the requirements of subsection (b) of section 1306
 shall be printed on the envelope for the absentee ballot [or
 mail-in ballot].
    (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
 defined in section 1301(i), (j), (k), (l), (m) and (n)[,] or an
20210HB0025PN0013                     - 9 -
 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
 absentee ballots [and mail-in ballots] not included in the pre-
 canvass meeting. The meeting under this paragraph shall continue
 until all absentee ballots [and mail-in ballots] received prior
 to th