§ 1302.1Date of Application for Absentee Ballot

(a) Except as provided in subsection (a.3),
applications for absentee ballots shall be received in the
office of the county board of elections not earlier than fifty
(50) days before the primary or election, except that if a
county board of elections determines that it would be
appropriate to its operational needs, any applications for
absentee ballots received more than fifty (50) days before the
primary or election may be processed before that time.
Applications for absentee ballots shall be processed if received
not later than five o'clock P.M. of the first Tuesday prior to
the day of any primary or election.
   (a.1) ((a.1) deleted by amendment)
   (a.2) ((a.2) deleted by amendment)
   (a.3) (1) The following categories of electors may apply
for an absentee ballot under this subsection, if otherwise
qualified:
   (i) An elector whose physical disability or illness
prevented the elector from applying for an absentee ballot
before five o'clock P.M. on the first Tuesday prior to the day
of the primary or election.
   (ii) An elector who, because of the elector's business,
duties or occupation, was unable to apply for an absentee ballot
before five o'clock P.M. on the first Tuesday prior to the day
of the primary or election.
   (iii) An elector who becomes so physically disabled or ill
after five o'clock P.M. on the first Tuesday prior to the day
of the primary or election that the elector is unable to appear
at the polling place on the day of the primary or election.
   (iv) An elector who, because of the conduct of the elector's
business, duties or occupation, will necessarily be absent from
the elector's municipality of residence on the day of the
primary or election, which fact was not and could not reasonably
be known to the elector on or before five o'clock P.M. on the
first Tuesday prior to the day of the primary or election.
   (2) An elector described in paragraph (1) may submit an
application for an absentee ballot at any time up until the
time of the closing of the polls on the day of the primary or
election. The application shall include a declaration describing
the circumstances that prevented the elector from applying for
an absentee ballot before five o'clock P.M. on the first Tuesday
prior to the day of the primary or election or that prevent the
elector from appearing at the polling place on the day of the

primary or election, and the elector's qualifications under
paragraph (1). The declaration shall be made subject to the
provisions of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
   (3) If the county board of elections determines that the
elector meets the requirements of this section, the board shall
issue an absentee ballot to the elector.
   (4) If the elector is unable to appear at the office of the
county board of elections to receive the ballot, the board shall
give the elector's absentee ballot to an authorized
representative of the elector who is designated in writing by
the elector. The authorized representative shall deliver the
absentee ballot to the elector and return the completed absentee
ballot, sealed in the official absentee ballot envelopes, to
the office of the county board of elections, which shall retain
the ballot, unopened, until the canvassing of all absentee
ballots.
   (5) Multiple people qualified under this subsection may
designate the same person, and a single person may serve as the
authorized representative for multiple qualified electors.
   (6) If the elector is unable to appear at the office of the
county board of elections or unable to obtain assistance from
an authorized representative, the county board may provide an
authorized representative or ask the judge of the court of
common pleas in the county in which the elector is qualified
to vote to direct a deputy sheriff of the county to deliver the
absentee ballot to the elector if the elector is at a physical
location within the county and return the completed absentee
ballot, sealed in the official absentee ballot envelopes, to
the county board of elections. If there is no authorized
representative and a deputy sheriff is unavailable to deliver
an absentee ballot under this section, the judge may direct a
constable to make such delivery in accordance with the
provisions of this section.
   (7) In the case of an elector who requires assistance in
marking the elector's ballot, the elector shall designate in
writing the person who will assist in marking the ballot. Such
person shall be otherwise eligible to provide assistance to
electors eligible for assistance, and such person shall declare
in writing that assistance was rendered. Any person other than
the designee who shall render assistance in marking a ballot
or any person rendering assistance who shall fail to execute a
declaration shall be guilty of a violation of this act.
   (8) No absentee ballot under this subsection shall be
counted which is received in the office of the county board of
elections later than the deadline for its receipt as provided
in section 1308(g).
   (b) In the case of an elector whose application for an
absentee ballot is received by the office of the county board
of elections earlier than fifty (50) days before the primary
or election, the application shall be held and processed upon
commencement of the fifty-day period or at such earlier time
as the county board of elections determines may be appropriate.
   (c) ((c) deleted by amendment)
   (d) ((d) deleted by amendment)
   (1302.1 amended Oct. 31, 2019, P.L.552, No.77)
  Compiler's Note: Section 5 of Act 137 of 2006, which amended
      section 1302.1, provided that the amendment shall apply
      to elections held on or after January 1, 2007.