§ 1307Certain Electors Voting in Districts of Residence

(a) Whenever any qualified elector in actual military
service is present in his voting district of residence on any
primary, special, municipal or general election day and has not
already voted in such election, he may apply in person at the
office of the county board of election of the county of his
residence and he shall then and there execute his application
for an official absentee ballot.
   (b) Each such application shall be in the form and shall
contain the information required by this act together with a
statement by the applicant that he has not already voted in the
election.
   The county board of elections shall ascertain from the
information on such application 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," subject to the limitations set out in section 1302.2
of this act. When so approved, the county board of elections
shall cause the applicant's 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). ((b) amended Dec.
11, 1968, P.L.1183, No.375)
   (c) Upon receiving an official absentee ballot and envelopes
therefor, he shall, in secret, in the office of the county board
of elections vote the ballot and execute the declaration as
prescribed by this act. The elector shall then securely seal
the second envelope and hand it to the chief clerk of the county
board of election who shall securely keep same in accordance
with the provisions of section 1308.
   (1307 amended Aug. 13, 1963, P.L.707, No.379)
   Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots (Hdg. amended Oct. 31, 2019, P.L.552,
No.77).--(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). ((a) amended Oct. 31, 2019,
P.L.552, No.77)
   (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. ((b) amended Oct. 31, 2019, P.L.552, No.77)
   (b.1) ((b.1) deleted by amendment Oct. 31, 2019, P.L.552,
No.77)
   (c) ((c) deleted by amendment Dec. 11, 1968, P.L.1183,
No.375)
   (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. ((d) amended Oct. 31,
2019, P.L.552, No.77)
   (e) ((e) deleted by amendment Oct. 31, 2019, P.L.552, No.77)
   (f) Any person challenging an application for an absentee
ballot, 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.
   ((f) amended Oct. 31, 2019, P.L.552, No.77)
   (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), an
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 the close of the polls have been canvassed. The county
board of elections shall not record or publish any votes
reflected on the ballots prior to the close of the polls. The
canvass process shall continue through the eighth day following
the election for valid military-overseas ballots timely received
under 25 Pa.C.S. § 3511 (relating to receipt of voted ballot).
A county board of elections shall provide at least forty-eight
hours' notice of a canvass meeting by publicly posting a notice
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 canvassed.

   (3) When the county board meets to pre-canvass or canvass
absentee ballots and mail-in ballots under paragraphs (1), (1.1)
and (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 and Mail-in 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 and is satisfied that the declaration
is sufficient and the information contained in the "Registered
Absentee and Mail-in 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
provide a list of the names of electors whose absentee ballots
or mail-in ballots are to be pre-canvassed or canvassed.
   (4) All absentee ballots which have not been challenged
under section 1302.2(c) and all mail-in ballots which have not
been challenged under section 1302.2-D(a)(2) and that have been
verified under paragraph (3) shall be counted and included with
the returns of the applicable election district as follows:
   (i) The county board shall open the envelope of every
unchallenged absentee elector and mail-in elector in such manner
as not to destroy the declaration executed thereon.
   (ii) If any of the envelopes on which are printed, stamped
or endorsed the words "Official Election Ballot" contain any
text, mark or symbol which reveals the identity of the elector,
the elector's political affiliation or the elector's candidate
preference, the envelopes and the ballots contained therein
shall be set aside and declared void.
   (iii) The county board shall then break the seals of such
envelopes, remove the ballots and count, compute and tally the
votes.
   (iv) Following the close of the polls, the county board
shall record and publish the votes reflected on the ballots.
   (5) Ballots received whose applications have been challenged
and ballots which have been challenged shall be placed unopened
in a secure, safe and sealed container in the custody of the
county board until it shall fix a time and place for a formal
hearing of all such challenges, and notice shall be given where
possible to all absentee electors and mail-in electors thus
challenged and to every individual who made a challenge. The
time for the hearing shall not be later than seven (7) days
after the deadline for all challenges to be filed. On the day
fixed for said hearing, the county board shall proceed without
delay to hear said challenges, and, in hearing the testimony,
the county board shall not be bound by the Pennsylvania Rules
of Evidence. The testimony presented shall be stenographically
recorded and made part of the record of the hearing.
   (6) The decision of the county board in upholding or
dismissing any challenge may be reviewed by the court of common
pleas of the county upon a petition filed by any person
aggrieved by the decision of the county board. The appeal shall
be taken, within two (2) days after the decision was made,
whether the decision was reduced to writing or not, to the court
of common pleas setting forth the objections to the county
board's decision and praying for an order reversing the
decision.
   (7) Pending the final determination of all appeals, the
county board shall suspend any action in canvassing and
computing all challenged ballots received under this subsection
irrespective of whether or not appeal was taken from the county

board's decision. Upon completion of the computation of the
returns of the county, the votes cast upon the challenged
official absentee ballots that have been finally determined to
be valid shall be added to the other votes cast within the
county.
   ((g) amended Mar. 27, 2020, P.L.41, No.12)
   (h) For those absentee ballots or mail-in ballots for which
proof of identification has not been received or could not be
verified:
   (1) ((1) deleted by amendment)
   (2) If the proof of identification is received and verified
prior to the sixth calendar day following the election, then
the county board of elections shall canvass the absentee ballots
and mail-in ballots under this subsection in accordance with
subsection (g)(2).
   (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 or mail-in ballot shall not be counted.
   ((h) amended Oct. 31, 2019, P.L.552, No.77)
   (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).
((i) added Mar. 14, 2012, P.L.195, No.12)
   (1308 amended Dec. 11, 1968, P.L.1183, No.375)
  Compiler's Note: Section 5 of Act 137 of 2006, which amended
      subection (a), provided that the amendment shall apply
      to elections held on or after January 1, 2007.
  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.