(a) The county board of elections, upon receipt of any
application filed by a qualified elector not required to be
registered under preceding section 1301, shall ascertain from
the information on such application, district register or from
any other source that such applicant possesses all the
qualifications of a qualified elector other than being
registered or enrolled. 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
qualifications of an absentee elector. Such challenges must be
made to the county board of elections prior to the applicable
deadline for the absentee ballots to be received, as provided
in section 1308(g). When so approved, the county board of
elections shall cause the applicant's name and residence (and
at a primary, the party enrollment) to be inserted in the
Military, Veterans and Emergency Civilians Absentee Voters File
as provided in section 1302.3, subsection (b): Providing,
however, That no application of any qualified elector in
military service shall be rejected for failure to include on
the elector's application any information if such information
may be within a reasonable time by the county board of
elections.
(b) The county board of elections, upon receipt of any
application filed by a qualified elector who is entitled, under
the provisions of the Permanent Registration Law as now or
hereinafter enacted by the General Assembly, to absentee
registration prior to or concurrently with the time of voting
as provided under preceding section 1301, shall ascertain from
the information on such application or from any other source
that such applicant possesses all the qualifications of a
qualified elector. If the board is satisfied that the applicant
is entitled, under the provisions of the Permanent Registration
Law as now or hereinafter enacted by the General Assembly, to
absentee registration prior to or concurrently with the time
of voting and 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 prior to or concurrently with the time of voting. Such
challenges must be made to the county board of elections prior
to the applicable deadline for the absentee ballots to be
received, as provided in section 1308(g). When so approved, the
county board of elections shall cause the applicant's name and
residence (and at a primary, the party enrollment) to be
inserted in the Military, Veterans and Emergency Civilian
Absentee Voters File as provided in section 1302.3 subsection
(b).
(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
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.
((c) amended Mar. 27, 2020, P.L.41, No.12)
(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.
(e) ((e) deleted by amendment Mar. 27, 2020, P.L.41, No.12)
(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).
(1302.2 amended Oct. 31, 2019, P.L.552, No.77)
Compiler's Note: See sections 10 and 11 of Act 18 of 2012
in the appendix to this act for special provisions
relating to application of law.
Section 1302.3. Absentee and Mail-in Electors Files and
Lists (Hdg. amended Oct. 31, 2019, P.L.550, No.77).--(a) ((a)
deleted by amendment Mar. 27, 2020, P.L.41, No.12)
(b) The county board of elections shall post in a
conspicuous public place at its office a master list arranged
in alphabetical order by election districts setting forth the
name and residence, and at primaries, the party enrollment, of
(1) every military elector to whom an absentee ballot is being
sent, each such name to be prefixed with an "M"; (2) every
bedridden or hospitalized veteran outside the county of his
residence who is not registered and to whom an absentee ballot
is being sent, each such name to be prefixed with a "V"; and
(3) every registered elector who has filed his application for
an absentee ballot too late for the extraction of his original
registration card and to whom a ballot is being sent and every
qualified elector who has filed his application for an absentee
ballot and is entitled, under provisions of the Permanent
Registration Law as now or hereinafter enacted by the General
Assembly, to absentee registration prior to or concurrently
with the time of voting, each such name to be prefixed with a
"C." This list shall be known as the Military, Veterans and
Emergency Civilians Absentee Voters File for the Primary or
Election of (date of primary or election) and shall be posted
for a period commencing the Tuesday prior to the day of the
primary or election until the day following the primary or
election or the day on which the county board of elections
certifies the returns of the primary or election, whichever
date is later. Such file shall be open to public inspection at
all times subject to reasonable safeguards, rules and
regulations. This posted list shall not contain any military
address or references to any military organization. Upon written
request, the county board shall furnish a copy of such list to
any candidate or party county chairman.
(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 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.
((c) amended Oct. 31, 2019, P.L.552, No.77)
(1302.3 amended Dec. 11, 1968, P.L.1183, No.375)§ 1302.2Approval of Application for Absentee Ballot
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