§ 1306Voting by Absentee Electors

(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before eight o'clock
P.M. the day of the primary or election, the elector shall, in
secret, proceed to mark the ballot only in black lead pencil,
indelible pencil or blue, black or blue-black ink, in fountain
pen or ball point pen, and then fold the ballot, enclose and
securely seal the same in the envelope on which is printed,
stamped or endorsed "Official Election Ballot." This envelope
shall then be placed in the second one, on which is printed the
form of declaration of the elector, and the address of the
elector's county board of election and the local election
district of the elector. The elector shall then fill out, date
and sign the declaration printed on such envelope. Such envelope
shall then be securely sealed and the elector shall send same
by mail, postage prepaid, except where franked, or deliver it
in person to said county board of election. ((a) intro. par.
amended Mar. 27, 2020, P.L.41, No.12)
   (1) ((1) deleted by amendment Oct. 31, 2019, P.L.552, No.77)
   (2) Any elector, spouse of the elector or dependent of the
elector, qualified in accordance with the provisions of section
1301, subsections (e), (f), (g) and (h) to vote by absentee
ballot as herein provided, shall be required to include on the
form of declaration a supporting declaration in form prescribed
by the Secretary of the Commonwealth, to be signed by the head
of the department or chief of division or bureau in which the
elector is employed, setting forth the identity of the elector,
spouse of the elector or dependent of the elector.
   (3) Any elector who has filed his application in accordance
with section 1302 subsection (e)(2), and is unable to sign his
declaration because of illness or physical disability, shall
be excused from signing upon making a declaration which shall
be witnessed by one adult person in substantially the following
form: I hereby declare that I am unable to sign my declaration
for voting my absentee ballot without assistance because I am
unable to write by reason of my illness or physical disability.
I have made or received assistance in making my mark in lieu
of my signature.
..............................   .......................(Mark)
            (Date)

.............................. .............................
 (Complete Address of Witness)       (Signature of Witness)
   ((a) amended Nov. 9, 2006, P.L.1330, No.137)
   (b) (1) Any elector who receives and votes an absentee
ballot pursuant to section 1301 shall not be eligible to vote
at a polling place on election day. The district register at
each polling place shall clearly identify electors who have
received and voted absentee ballots as ineligible to vote at
the polling place, and district election officers shall not
permit electors who voted an absentee ballot to vote at the
polling place.
   (2) An elector who requests an absentee ballot and who is
not shown on the district register as having voted the ballot
may vote by provisional ballot under section 1210(a.4)(1).
   (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 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)
   ((b) amended Mar. 27, 2020, P.L.41, No.12)
   (c) Except as provided under 25 Pa.C.S. § 3511 (relating
to receipt of voted ballot), a completed absentee ballot must
be 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. ((c) added Oct. 31, 2019, P.L.552, No.77)
   (1306 amended Feb. 13, 1998, P.L.72, No.18)
  Compiler's Note: Section 5 of Act 137 of 2006, which amended
      subsection (a), provided that the amendment shall apply
      to elections held on or after January 1, 2007.