(1308-B
repealed Aug. 13, 1963, P.L.707, No.379)
ARTICLE XIII-C
Statewide Uniform Registry of Electors Advisory Board
(Art. added May 16, 2002, P.L.310, No.44)
Section 1301-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of State of the Commonwealth.
"Secretary." The Secretary of the Commonwealth.
"Statewide Uniform Registry of Electors" or "SURE system."
The integrated voter registration system of all registered
electors in this Commonwealth established in 25 Pa.C.S. Ch. 12
Subch. B (relating to Statewide Uniform Registry of Electors
(SURE)).
(1301-C added May 16, 2002, P.L.310, No.44)
Section 1302-C. SURE System Advisory Board.
(a) Establishment.--The secretary shall form an advisory
board to confer with the department regarding the SURE system.
(b) Composition.--The advisory board shall be comprised of
six directors of elections who have been appointed as follows:
(1) Two directors by the Senate, one appointed by the
Minority Leader and one appointed by the President pro
tempore of the Senate.
(2) Two directors by the House of Representatives, one
appointed by the Minority Leader and one appointed by the
Speaker of the House of Representatives.
(3) Two directors appointed by the secretary.
(c) Terms.--The term of office of each member of the
advisory board shall be coterminous with the term of the
authority appointing that member.
(1302-C added May 16, 2002, P.L.310, No.44)
ARTICLE XIII-D
VOTING BY QUALIFIED MAIL-IN ELECTORS
(Art. added Oct. 31, 2019, P.L.552, No.77)
Section 1301-D. Qualified mail-in electors.
(a) General rule.--A qualified mail-in elector shall be
entitled to vote by an official mail-in ballot in any primary
or election held in this Commonwealth in the manner provided
under this article. ((a) amended Mar. 27, 2020, P.L.41, No.12)
(1) ((1) deleted by amendment)
(2) ((2) deleted by amendment)
(b) Construction.--The term "qualified mail-in elector"
shall not be construed to include a person not otherwise
qualified as a qualified elector in accordance with the
definition in section 102(t).
(1301-D added Oct. 31, 2019, P.L.552, No.77)
Section 1302-D. Applications for official mail-in ballots.
(a) General rule.--A qualified elector under section 1301-D
may apply at any time before any primary or election for an
official mail-in ballot in person or on any official county
board of election form addressed to the Secretary of the
Commonwealth or the county board of election of the county in
which the qualified elector's voting residence is located.
(b) Content.--The following shall apply:
(1) The qualified elector's application shall contain
the following information:
(i) Date of birth.
(ii) Length of time a resident of voting district.
(iii) Voting district, if known.
(iv) Party choice in case of primary.
(v) Name.
(2) A qualified elector shall, in addition, specify the
address to which the ballot is to be sent, the relationship
where necessary and other information as may be determined
by the Secretary of the Commonwealth.
(3) When an application is received by the Secretary
of the Commonwealth it shall be forwarded to the proper
county board of election.
(c) Signature required.--Except as provided in subsection
(d), the application of a qualified elector under section 1301-D
for an official mail-in ballot in any primary or election shall
be signed by the applicant.
(d) Signature not required.--If any elector entitled to a
mail-in ballot under this section is unable to sign the
application because of illness or physical disability, the
elector shall be excused from signing upon making a statement
which shall be witnessed by one adult person in substantially
the following form:
I hereby state that I am unable to sign my application
for a mail-in ballot without assistance because I am
unable to write by reason of my illness or physical
disability. I have made or have received assistance in
making my mark in lieu of my signature.
(Mark)
(Date)
(Complete Address of Witness)
(Signature of Witness)
(e) Numbering.--The county board of elections shall number,
in chronological order, the applications for an official mail-in
ballot, which number shall likewise appear on the official
mail-in ballot for the qualified elector. The numbers shall
appear legibly and in a conspicuous place but, before the
ballots are distributed, the number on the ballot shall be torn
off by the county board of election. The number information
shall be appropriately inserted and become a part of the
Registered Absentee and Mail-in Voters File provided under
section 1302.3.
(f) Form.--Application for an official mail-in ballot shall
be on physical and electronic forms prescribed by the Secretary
of the Commonwealth. The application shall state that a voter
who applies for a mail-in ballot under section 1301-D shall not
be eligible to vote at a polling place on election day unless
the elector brings the elector's mail-in ballot to the elector's
polling place, remits the ballot and the envelope containing
the declaration of the elector to the judge of elections to be
spoiled and signs a statement subject to the penalties under
18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) to the same effect. The physical application forms
shall be made freely available to the public at county board
of elections, municipal buildings and at other locations
designated by the Secretary of the Commonwealth. The electronic
application forms shall be made freely available to the public
through publicly accessible means. No written application or
personal request shall be necessary to receive or access the
application forms. Copies and records of all completed physical
and electronic applications for official mail-in ballots shall
be retained by the county board of elections. ((f) amended Mar.
27, 2020, P.L.41, No.12)
(g) Permanent mail-in voting list.--
(1) Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
during the calendar year. A mail-in ballot application shall
be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
required by this act. A mail-in ballot application mailed
to an elector under this section, which is completed and
timely returned by the elector, shall serve as an application
for any and all primary, general or special elections to be
held in the remainder of that calendar year and for all
special elections to be held before the third Monday in
February of the succeeding year.
(2) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may
apply for a mail-in ballot and request permanent mail-in
voter status under this section, provided the system is able
to capture a digitized or electronic signature of the
applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
(3) The transfer of a qualified registered elector on
a permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector.
((g) amended Mar. 27, 2020, P.L.41, No.12)
(1302-D added Oct. 31, 2019, P.L.552, No.77)
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall
be received in the office of the county board of elections not
earlier than 50 days before the primary or election, except
that if a county board of elections determines that it would
be appropriate to the county board of elections' operational
needs, any applications for mail-in ballots received more than
50 days before the primary or election may be processed before
that time. Applications for mail-in 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.
(b) Early applications.--In the case of an elector whose
application for a mail-in ballot is received by the office of
the county board of elections earlier than 50 days before the
primary or election, the application shall be held and processed
upon commencement of the 50-day period or at such earlier time
as the county board of elections determines may be appropriate.
(1302.1-D added Oct. 31, 2019, P.L.552, No.77)
Section 1302.2-D. Approval of application for mail-in ballot.
(a) Approval process.--The county board of elections, upon
receipt of any application of a qualified elector under section
1301-D, shall determine the qualifications of the applicant by
verifying the proof of identification and comparing the
information provided on the application with the information
contained on the applicant's permanent registration card. The
following shall apply:
(1) If the board is satisfied that the applicant is
qualified to receive an official mail-in ballot, the
application shall be marked "approved."
(2) The approval decision shall be final and binding,
except that challenges may be made only on the grounds that
the applicant was not a qualified elector. ((2) amended Mar.
27, 2020, P.L.41, No.12)
(3) 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 a mail-in ballot shall not be permitted on
the grounds that the elector used an application for a
mail-in ballot instead of an application for an absentee
ballot or on the grounds that the elector used an application
for an absentee ballot instead of an application for a
mail-in ballot. ((3) amended Mar. 27, 2020, P.L.41, No.12)
(4) When approved, the registration commission shall
cause a mail-in voter's record to be inserted in the district
register as prescribed by the Secretary of the Commonwealth.
((4) amended Mar. 27, 2020, P.L.41, No.12)
(5) ((5) deleted by amendment Mar. 27, 2020, P.L.41,
No.12)
(b) Duties of county boards of elections and registration
commissions.--The duties of the county boards of elections and
the registration commissions with respect to the insertion of
the mail-in voter's record shall include only the applications
as are received on or before the first Tuesday prior to the
primary or election. ((b) amended Mar. 27, 2020, P.L.41, No.12)
(c) Notice.--In the event that an application for an
official mail-in ballot is not approved by the county board of
elections, the elector shall be notified immediately with a
statement by the county board of the reasons for the
disapproval. For 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
mail-in ballot requiring the elector to provide proof of
identification with the mail-in ballot or the ballot will not
be counted.
(d) Temporary registration card.--((d) deleted by amendment
Mar. 27, 2020, P.L.41, No.12)
(1302.2-D added Oct. 31, 2019, P.L.552, No.77)
Section 1302.3-D. Mail-in electors files and lists. (1302.3-D
deleted by amendment Mar. 27, 2020, P.L.41,
No.12)
Section 1303-D. Official mail-in elector ballots.
(a) General rule.--In election districts in which ballots
are used, the ballots for use by mail-in voters under this act
shall be the official ballots printed in accordance with
sections 1002 and 1003.
(a.1) Duties of county boards of elections.--The county
board of elections, when preparing the official ballots for
mail-in voters, shall be required to indicate on the voter's
record the identification number of specific ballot envelope
into which the voter's ballot is inserted. The county board of
elections shall also print, stamp or endorse on the official
ballots the words, "Official Mail-in Ballot." The ballots shall
be distributed by a board as provided under this section. ((a.1)
amended Mar. 27, 2020, P.L.41, No.12)
(b) Preparation of ballots.--In election districts in which
voting machines are used and in election districts in which
paper ballots are used, the county board of elections in that
election district will not print official mail-in ballots in
accordance with sections 1002 and 1003. The ballots for use by
mail-in voters under this section shall be prepared sufficiently
in advance by the county board of elections and shall be
distributed by the boards as provided under this act. The
ballots shall be marked "Official Mail-in Ballot" but shall not
be numbered and shall otherwise be in substantially the form
for ballots required by Article X, which form shall be
prescribed by the Secretary of the Commonwealth.
(c) Use of ballot cards.--In election districts in which
electronic voting systems are utilized, the mail-in ballot may
be in the form of a ballot card which shall be clearly stamped
on the ballot card's face "Mail-in Ballot."
(d) Special write-in mail-in ballots.--In cases where there
is not time to print on the ballots the names of the various
candidates, the county board of elections shall print special
write-in mail-in ballots which shall be in substantially the
form of other official mail-in ballots, except that the special
write-in mail-in ballots shall contain blank spaces only under
the titles of the offices in which electors may insert by
writing or stamping the names of the candidates for whom they
desire to vote, and in those cases, the county board of
elections shall furnish to electors lists containing the names
of all the candidates named in nomination petitions or who have
been regularly nominated under the provisions of this act, for
the use of the electors in preparing their ballots. Special
write-in mail-in ballots shall include all constitutional
amendments and other questions to be voted on by the electors.
(e) Notice.--The official mail-in voter ballot shall state
that a voter who receives a mail-in ballot under section 1301-D
and whose voted mail-in ballot is not timely received may only
vote on election day by provisional ballot unless the elector
brings the elector's mail-in ballot to the elector's polling
place, remits the ballot and the envelope containing the
declaration of the elector to the judge of elections to be
spoiled and signs a statement subject to the penalties of 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) to the same effect. ((e) amended Mar. 27, 2020,
P.L.41, No.12)
(1303-D added Oct. 31, 2019, P.L.552, No.77)
Section 1304-D. Envelopes for official mail-in ballots.
(a) Additional envelopes.--The county boards of election
shall provide two additional envelopes for each official mail-in
ballot of a size and shape as shall be prescribed by the
Secretary of the Commonwealth, in order to permit the placing
of one within the other and both within the mailing envelope.
On the smaller of the two envelopes to be enclosed in the
mailing envelope shall be printed, stamped or endorsed the words
"Official Election Ballot," and nothing else. On the larger of
the two envelopes, to be enclosed within the mailing envelope,
shall be printed the form of the declaration of the elector and
the name and address of the county board of election of the
proper county. The larger envelope shall also contain
information indicating the local election district of the
mail-in voter. ((a) amended Mar. 27, 2020, P.L.41, No.12)
(b) Form of declaration and envelope.--The form of
declaration and envelope shall be as prescribed by the Secretary
of the Commonwealth and shall contain, among other things, a
statement of the elector's qualifications, together with a
statement that the elector has not already voted in the primary
or election.
(c) Mailing envelope.--The mailing envelope addressed to
the elector shall contain the two envelopes, the official
mail-in ballot, lists of candidates, when authorized by section
1303-D(b), the uniform instructions in form and substance as
prescribed by the Secretary of the Commonwealth and nothing
else.
(d) Notice.--Notice of the requirements under section 1306-D
shall be printed on the envelope for the mail-in ballot.
(1304-D added Oct. 31, 2019, P.L.552, No.77)
Section 1305-D. Delivering or mailing ballots.
The county board of elections, upon receipt and approval of
an application filed by a qualified elector under section
1301-D, shall commence to deliver or mail official mail-in
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
mail-in ballots not later than the second Tuesday prior to the
primary or election. For 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(c) with the mail-in ballot. As
additional applications are received and approved, the board
shall deliver or mail official mail-in ballots to the additional
electors within 48 hours.
(1305-D amended Mar. 27, 2020, P.L.41, No.12)
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in 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) amended Mar. 27, 2020,
P.L.41, No.12)
(a.1) Signature.--Any elector who is unable to sign the
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 mail-in 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)
(b) Eligibility.--
(1) Any elector who receives and votes a mail-in ballot
under section 1301-D 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 mail-in ballots as ineligible to vote at
the polling place, and district election officers shall not
permit electors who voted a mail-in ballot to vote at the
polling place.
(2) An elector who requests a mail-in ballot and who
is not shown on the district register as having voted may
vote by provisional ballot under section 1210(a.4)(1).
(3) Notwithstanding paragraph (2), an elector who
requests a mail-in 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 of 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) which
shall be 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 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) Deadline.--Except as provided under 25 Pa.C.S. § 3511
(relating to receipt of voted ballot), a completed mail-in
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.
(1306-D added Oct. 31, 2019, P.L.552, No.77)
Section 1307-D. Public records.
(a) General rule.--All official mail-in ballots, files,
applications for ballots and envelopes on which the executed
declarations appear and all information and lists are designated
and declared to be public records and shall be safely kept for
a period of two years, except that no proof of identification
shall be made public, nor shall information concerning a
military elector be made public which is expressly forbidden
by the Department of Defense because of military security.
(b) Record.--For each election, the county board shall
maintain a record of the following information, if applicable,
for each elector who makes application for a mail-in ballot:
(1) The elector's name and voter registration address.
(2) The date on which the elector's application is
received by the county board.
(3) The date on which the elector's application is
approved or rejected by the county board.
(4) The date on which the county board mails or delivers
the mail-in ballot to the elector.
(5) The date on which the elector's completed mail-in
ballot is received by the county board.
(c) Compilation.--The county board shall compile the records
listed under subsection (b) and make the records publicly
available upon request within 48 hours of the request. ((c)
amended Mar. 27, 2020, P.L.41, No.12)
(1307-D added Oct. 31, 2019, P.L.552, No.77)
Section 1308-D. Violation of provisions relating to mail-in
voting. (1308-D repealed Mar. 27, 2020, P.L.41,
No.12)
ARTICLE XIII-E
PENNSYLANIA ELECTION LAW ADVISORY BOARD
(Art. added Mar. 27, 2020, P.L.41, No.12)
Section 1301-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Board." The Pennsylvania Election Law Advisory Board
established under section 1302-E(a).
(1301-E added Mar. 27, 2020, P.L.41, No.12)
Section 1302-E. Pennsylvania Election Law Advisory Board.
(a) Establishment.--The Pennsylvania Election Law Advisory
Board is established within the Joint State Government
Commission.
(b) Members.--The board shall be comprised of the following
members:
(1) The Secretary of the Commonwealth or a designee.
(2) The President pro tempore of the Senate or a
designee.
(3) The Minority Leader of the Senate or a designee.
(4) The Speaker of the House of Representatives or a
designee.
(5) The Minority Leader of the House of Representatives
or a designee.
(6) One member from each congressional district, of
whom no more than half may be registered with the same
political party, appointed by the Governor and confirmed by
the Senate and which shall include members who:
(i) represent groups advocating for individuals
with disabilities;
(ii) represent groups advocating for voting rights;
and
(iii) represent county commissioners or county
election officials.
(c) Duties.--The board shall have the following duties:
(1) Study this act and identify statutory language to
repeal, modify or update.
(2) Collaborate with other agencies and political
subdivisions of the Commonwealth to study election-related
issues.
(3) Study the development of new election technology
and voting machines.
(4) Evaluate and make recommendations on:
(i) improving the electoral process in this
Commonwealth by amending this act or through regulations
promulgated by the Department of State; and
(ii) implementing best practices identified to
ensure the integrity and efficiency of the electoral
process in this Commonwealth.
(5) By the end of each fiscal year, publish extensive
and detailed findings on the Joint State Government
Commission's publicly accessible Internet website and make
them available in electronic format to the Office of the
Governor and members of the General Assembly.
(d) Quorum.--A majority of appointed members shall
constitute a quorum for the purpose of conducting business.
(e) Chairperson and vice chairperson.--The members shall
select a member to be chairperson and another member to be vice
chairperson.
(f) Transparency and ethics.--The board shall be subject
to the following laws:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of October 4, 1978 (P.L.883, No.170),
referred to as the Public Official and Employee Ethics Law.
(3) The act of February 14, 2008 (P.L.6, No.3), known
as the Right-to-Know Law.
(4) 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) Information gathering.--The board may conduct hearings
and otherwise gather relevant information and analysis that it
considers appropriate and necessary to fulfill its duties.
(h) Reimbursement.--Members of the board shall be reimbursed
for reasonable expenses.
(1302-E added Mar. 27, 2020, P.L.41, No.12)
ARTICLE XIV
Returns of Primaries and Elections§ 1308-BBallots to be Public Records
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.