HB 1162 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; in county boards of elections, further providing for powers and duties of county boards; in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges and for ballots to be issued by election officers only, ballots not to be removed and official ballots only to be deposited or counted; in voting by qualified absentee electors, further providing for applications for official absentee ballots, for date of application for absentee ballot, for official absentee voters ballots, for voting by absentee electors and for canvassing of official absentee absentee ballots and mail-in ballots; in voting by qualified mail-in electors, further providing for applications for official mail-in ballots, for official mail-in elector ballots and for voting by mail-in electors.

PRINTER'S NO.   1288

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1162
                                               Session of
                                                 2025

     INTRODUCED BY FINK, HAMM, KAUFFMAN, BERNSTINE, GLEIM, STAATS,
        ZIMMERMAN AND ANDERSON, APRIL 7, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 7, 2025


                                    AN ACT
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in preliminary provisions, further providing for
12      definitions; in county boards of elections, further providing
13      for powers and duties of county boards; in preparation for
14      and conduct of primaries and elections, further providing for
15      manner of applying to vote, persons entitled to vote, voter's
16      certificates, entries to be made in district register,
17      numbered lists of voters and challenges and for ballots to be
18      issued by election officers only, ballots not to be removed
19      and official ballots only to be deposited or counted; in
20      voting by qualified absentee electors, further providing for
21      applications for official absentee ballots, for date of
22      application for absentee ballot, for official absentee voters
23      ballots, for voting by absentee electors and for canvassing
24      of official absentee absentee ballots and mail-in ballots; in
25      voting by qualified mail-in electors, further providing for
26      applications for official mail-in ballots, for official mail-
27      in elector ballots and for voting by mail-in electors.
28      The General Assembly of the Commonwealth of Pennsylvania
29   hereby enacts as follows:
30      Section 1.    Sections 102(a.1) and (q.1), 302(p), 1210(a.4)(5)
 1   (i) and (ii)(F), 1219, 1302(i)(1), 1302.1(a.3)(1) introductory
 2   paragraph, (i), (ii) and (iii), (2), (4) and (8), 1303(e),
 3   1306(a) introductory paragraph, (b) and (c), 1308(a) and (g)(1),
 4   (1.1), (2), (3) and (4) introductory paragraph, 1302-D(a) and
 5   (f), 1303-D(e) and 1306-D(a) and (b) of the act of June 3, 1937
 6   (P.L.1333, No.320), known as the Pennsylvania Election Code, are
 7   amended to read:
 8      Section 102.    Definitions.--The following words, when used in
 9   this act, shall have the following meanings, unless otherwise
10   clearly apparent from the context:
11      * * *
12      (a.1)    The word "canvass" shall [mean the gathering of
13   ballots after the final pre-canvass meeting and the counting,
14   computing and tallying of the votes reflected on the ballots.]
15   include gathering the ballots after the election and counting,
16   computing and tallying the votes.
17      * * *
18      [(q.1)   The word "pre-canvass" shall mean the inspection and
19   opening of all envelopes containing official absentee ballots or
20   mail-in ballots, the removal of such ballots from the envelopes
21   and the counting, computing and tallying of the votes reflected
22   on the ballots. The term does not include the recording or
23   publishing of the votes reflected on the ballots.]
24      * * *
25      Section 302.    Powers and Duties of County Boards.--The county
26   boards of elections, within their respective counties, shall
27   exercise, in the manner provided by this act, all powers granted
28   to them by this act, and shall perform all the duties imposed
29   upon them by this act, which shall include the following:
30      * * *

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 1      (p)    A county board of elections shall not pay compensation
 2   to a judge of elections who wilfully fails to deliver by two
 3   o'clock A. M. on the day following the election envelopes;
 4   supplies, including all [uncast] provisional ballots, mail-in
 5   ballots and absentee ballots; and returns, including all
 6   provisional ballots cast in the election district and statements
 7   signed under sections 1306 and 1302-D.
 8      Section 1210.     Manner of Applying to Vote; Persons Entitled
 9   to Vote; Voter's Certificates; Entries to Be Made in District
10   Register; Numbered Lists of Voters; Challenges.--* * *
11      (a.4)    * * *
12      (5)    (i)   Except as provided in subclause (ii), if it is
13   determined that the individual was registered and entitled to
14   vote at the election district where the ballot was cast, the
15   county board of elections shall compare the signature on the
16   provisional ballot envelope with the signature on the elector's
17   registration form and, if the signatures are determined to be
18   genuine, shall count the ballot if the county board of elections
19   confirms that the individual did not cast any other ballot[,
20   including an absentee ballot,] not voided under sections 1306(b)
21   or 1306-D(b) in the election.
22      (ii)    A provisional ballot shall not be counted if:
23      * * *
24      (F)    the elector's absentee ballot or mail-in ballot is
25   [timely] received by a county board of elections[.] in
26   accordance with the applicable deadlines specified in this act
27   and which has not been voided at the request of the elector
28   under sections 1306(b) or 1306-D(b).
29      * * *
30      Section 1219.     Ballots to Be Issued by Election Officers

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 1   Only; Ballots Not to Be Removed; Official Ballots Only to Be
 2   Deposited or Counted.--No official ballot shall be taken from
 3   any book of ballots, except by an election officer or clerk when
 4   a person desiring to vote has been found to be a qualified
 5   elector entitled to vote. Not more than one ballot shall be
 6   removed at any one time or given to an elector, except in the
 7   case of a spoiled ballot as provided by this act. No person
 8   other than the election officers shall take or remove any ballot
 9   from the polling place. No ballot without the official
10   endorsement shall, except as herein otherwise provided, be
11   deposited in the ballot box, and no other ballots shall be
12   counted. If any ballot appears to have been obtained otherwise
13   than from the county board as provided by this act, the same
14   shall not be counted, and the judge of election shall transmit
15   such ballot to the district attorney without delay, together
16   with whatever information he may have regarding the same. If an
17   elector attests that an absentee or mail-in ballot has been
18   issued in the elector's name that the elector did not request,
19   the elector shall be permitted to inspect the ballot and the
20   county shall provide a complaint form. The complaint form and
21   the voided ballot with envelope, if available, shall be
22   submitted to the local district attorney for investigation.
23         Section 1302.   Applications for Official Absentee Ballots.--*
24   * *
25         (i)   (1)   Application for official absentee ballots shall be
26   on physical and electronic forms prescribed by the Secretary of
27   the Commonwealth. The application shall state that an elector
28   who applies for an absentee ballot pursuant to section 1301
29   shall not be eligible to vote at a polling place on election day
30   unless the elector [brings the elector's absentee ballot to the

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 1   elector's polling place, remits the ballot and the envelope
 2   containing the declaration of the elector to the judge of
 3   elections to be spoiled] has the elector's absentee ballot with
 4   the envelope containing the declaration of the elector voided at
 5   the elector's polling place and signs a statement subject to the
 6   penalties of 18 Pa.C.S. § 4904 (relating to unsworn
 7   falsification to authorities) to the same effect. Such physical
 8   application forms shall be made freely available to the public
 9   at county board of elections, municipal buildings and at such
10   other locations designated by the secretary. Such electronic
11   application forms shall be made freely available to the public
12   through publicly accessible means. No written application or
13   personal request shall be necessary to receive or access the
14   application forms. Copies and records of all completed physical
15   and electronic applications for official absentee ballots shall
16   be retained by the county board of elections.
17         * * *
18         Section 1302.1.    Date of Application for Absentee Ballot.--*
19   * *
20         (a.3)    (1)   The following categories of electors may apply
21   for an absentee ballot under this subsection, if otherwise
22   qualified, upon execution of an emergency application in the
23   form prescribed by the Secretary of the Commonwealth:
24         (i)    An elector whose physical disability or illness
25   prevented the elector from applying for an absentee ballot
26   before five o'clock P.M. on the first Tuesday prior to the day
27   of the primary or election and who is unable to appear at the
28   appropriate polling place on the day of the primary or election.
29         (ii)    An elector who, because of the elector's business,
30   duties or occupation, was unable to apply for an absentee ballot

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 1   before five o'clock P.M. on the first Tuesday prior to the day
 2   of the primary or election and who is unable to appear at the
 3   appropriate polling place on the day of the primary or election.
 4      (iii)    An elector who becomes so physically disabled or ill
 5   after five o'clock P.M. on the first Tuesday prior to the day of
 6   the primary or election that the elector is unable to appear at
 7   the appropriate polling place on the day of the primary or
 8   election.
 9      * * *
10      (2)   An elector described in paragraph (1) may submit an
11   emergency application for an absentee ballot at any time up
12   until the time of the closing of the polls on the day of the
13   primary or election. The application shall include a declaration
14   describing the circumstances that prevented the elector from
15   applying for an absentee ballot before five o'clock P.M. on the
16   first Tuesday prior to the day of the primary or election [or]
17   and that prevent the elector from appearing at the polling place
18   on the day of the primary or election, and the elector's
19   qualifications under paragraph (1). The declaration shall be
20   made subject to the provisions of 18 Pa.C.S. § 4904 (relating to
21   unsworn falsification to authorities).
22      * * *
23      (4)   If the elector is unable to appear at the office of the
24   county board of elections to receive the ballot, the board shall
25   give the elector's absentee ballot to an authorized
26   representative of the elector who is designated in writing by
27   the elector. The authorized representative shall deliver the
28   absentee ballot to the elector and return the completed absentee
29   ballot, sealed in the official absentee ballot envelopes, to the
30   office of the county board of elections, which shall retain the

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 1   ballot, unopened, until the ballots are dispensed to the local
 2   elections boards if the ballot is received prior to five o'clock
 3   P.M. on the Friday before the election. If the ballot is
 4   received after five o'clock P.M. on the Friday before the
 5   election, the envelope shall remain unopened until the
 6   canvassing of all absentee ballots.
 7      * * *
 8      (8)   No absentee ballot under this subsection shall be
 9   counted which is received in the office of the county board of
10   elections later than [the deadline for its receipt as provided
11   in section 1308(g)] eight o'clock P.M. on the day of the
12   election.
13      * * *
14      Section 1303.   Official Absentee Voters Ballots.--* * *
15      (e)   The official absentee voter ballot shall state that an
16   elector who [receives] requests an absentee ballot pursuant to
17   section 1301 and whose voted ballot is not [timely] received by
18   the commission as required under section 1308(g) and who, on
19   election day, is capable of voting at the appropriate polling
20   place may only vote on election day by provisional ballot
21   [unless the elector brings the elector's absentee ballot to the
22   elector's polling place, remits the ballot and the envelope
23   containing the declaration of the elector to the judge of
24   elections to be spoiled] after the elector first signs an
25   affidavit stating the elector has not cast any other ballot in
26   the election, directs the requested ballot to be voided and
27   signs a statement subject to the penalties under 18 Pa.C.S. §
28   4904 (relating to unsworn falsification to authorities) to the
29   same effect. An elector may cast a regular ballot at the
30   appropriate polling place if the elector's absentee ballot,

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 1   whether voted or unvoted, with the envelope containing the
 2   declaration of the elector, is voided at the elector's polling
 3   place and the elector signs a statement subject to the penalties
 4   of 18 Pa.C.S. § 4904.
 5      Section 1306.     Voting by Absentee Electors.--(a)   Except as
 6   provided in paragraphs (2) and (3), at any time after receiving
 7   an official absentee ballot, but on or before [eight o'clock
 8   P.M. the day of the primary or election] the required time under
 9   section 1308(g), the elector shall, in secret, proceed to mark
10   the ballot only in black lead pencil, indelible pencil or blue,
11   black or blue-black ink, in fountain pen or ball point pen, and
12   then fold the ballot, enclose and securely seal the same in the
13   envelope on which is printed, stamped or endorsed "Official
14   Election Ballot." This envelope shall then be placed in the
15   second one, on which is printed the form of declaration of the
16   elector, and the address of the elector's county board of
17   election and the local election district of the elector. The
18   elector shall then fill out, date and sign the declaration
19   printed on such envelope. Such envelope shall then be securely
20   sealed and the elector shall send same by mail, postage prepaid,
21   except where franked, or deliver it in person to said county
22   board of election.
23      * * *
24      (b)   (1)   Any elector who receives and votes an absentee
25   ballot pursuant to section 1301 shall not be eligible to vote at
26   a polling place on election day unless the elector requests the
27   ballot with envelope be voided and signs an affidavit. The
28   district register at each polling place shall clearly identify
29   electors who have [received and voted] requested absentee
30   ballots as ineligible to vote at the polling place, [and

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 1   district] unless the elector has the ballot with the envelope
 2   voided and signs an affidavit requesting the ballot be voided.
 3   District election officers shall not permit electors who voted
 4   an absentee ballot to vote at the polling place[.] without
 5   completing the requirements of this section. The elector shall
 6   sign an affidavit, in the presence of the local judge of
 7   elections, in the appropriate local election district. The
 8   affidavit shall be in substantially the following form:
 9      I hereby swear that I am a qualified registered elector who
10      has requested an absentee ballot. However, I am present in
11      the municipality of my residence and request that my absentee
12      ballot be voided.
13      (Date)
14      (Signature of Elector)
15      (Name and Address of Elector)
16      (Local Judge of Elections)
17      (2)   An elector who requests an absentee ballot and who is
18   not shown on the district register as having voted the ballot
19   [may] and is now claiming to not have a ballot with envelope to
20   void may sign the affidavit specified in subsection (b)(1)
21   declaring the ballot void and vote by provisional ballot under
22   section 1210(a.4)(1).
23      (3)   Notwithstanding paragraph (2), an elector who requests
24   an absentee ballot and who is not shown on the district register
25   as having voted the ballot may vote at the polling place if the
26   elector [remits] has the ballot and the envelope containing the
27   declaration of the elector [to] voided by the judge of elections
28   to be spoiled and the elector signs both the affidavit under
29   subsection (b)(1) and a statement subject to the penalties under
30   18 Pa.C.S. § 4904 (relating to unsworn falsification to

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 1   authorities) in substantially the following form:
 2      I hereby declare that I am a qualified registered elector who
 3      has obtained an absentee ballot or mail-in ballot. I further
 4      declare that I have not cast my absentee ballot or mail-in
 5      ballot, and that instead I remitted my absentee ballot or
 6      mail-in ballot and the envelope containing the declaration of
 7      the elector to the judge of elections at my polling place to
 8      be spoiled and therefore request that my absentee ballot or
 9      mail-in ballot be voided.
10      (Date)
11      (Signature of Elector)................(Address of Elector)
12      (Local Judge of Elections)
13      (c)   [Except as provided under 25 Pa.C.S. § 3511 (relating to
14   receipt of voted ballot), a] A completed absentee ballot must be
15   received in the office of the county board of elections no later
16   than [eight o'clock P.M. on the day of the primary or election]
17   specified under section 1308(g).
18      Section 1308.   Canvassing of Official Absentee Ballots and
19   Mail-in Ballots.--(a)   The county boards of election, upon
20   receipt of official absentee ballots in sealed official absentee
21   ballot envelopes as provided under this article and mail-in
22   ballots as in sealed official mail-in ballot envelopes as
23   provided under Article XIII-D, shall safely keep the ballots in
24   sealed or locked containers until they are [to be canvassed by
25   the county board of elections. An absentee ballot, whether
26   issued to a civilian, military or other voter during the regular
27   or emergency application period, shall be canvassed in
28   accordance with subsection (g). A mail-in ballot shall be
29   canvassed in accordance with subsection (g).] distributed to the
30   appropriate local election districts. The county board of

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 1   elections shall distribute the absentee ballots and mail-in
 2   ballots, unopened, in a sealed container to the absentee or
 3   mail-in voter's respective election district concurrently with
 4   the distribution of other election supplies, with the exception
 5   of ballots provided under subsection (g). Except as provided in
 6   subsection (g), no absentee ballot or mail-in ballot shall be
 7   counted if the ballot is received in the office of the county
 8   board of elections later than five o'clock P.M. on the Friday
 9   immediately preceding the election. All absentee ballots and
10   mail-in ballots shall be returned to the county board of
11   elections, in a sealed container in accordance with section
12   302(p), to be canvassed.
13      * * *
14      (g)    (1)   (i)   An absentee ballot cast by any absentee
15   elector as defined in section 1301(a), (b), (c), (d), (e), (f),
16   (g) and (h) shall be canvassed in accordance with this
17   subsection if the ballot is cast, submitted and received in
18   accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
19   uniform military and overseas voters).
20      (ii)    An absentee ballot [cast by any absentee elector as
21   defined in section 1301(i), (j), (k), (l), (m) and (n), an
22   absentee ballot under section 1302(a.3) or a mail-in ballot cast
23   by a mail-in elector] under section 1302.1(a.3) shall be
24   canvassed in accordance with this subsection if the absentee
25   ballot or mail-in ballot is received in the office of the county
26   board of elections no later than eight o'clock P.M. on the day
27   of the primary or election.
28      (iii)    An absentee ballot cast by an absentee elector as
29   defined in section 1301(i), (j), (k), (l), (m) and (n), or a
30   mail-in ballot cast by a mail-in elector shall be canvassed in

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 1   accordance with this subsection if the absentee ballot or mail-
 2   in ballot is received in the office of the county board of
 3   elections no later than five o'clock P.M. on the Friday
 4   immediately preceding the election.
 5      [(1.1)     The county board of elections shall meet no earlier
 6   than seven o'clock A.M. on election day to pre-canvass all
 7   ballots received prior to the meeting. A county board of
 8   elections shall provide at least forty-eight hours' notice of a
 9   pre-canvass meeting by publicly posting a notice of a pre-
10   canvass meeting on its publicly accessible Internet website. One
11   authorized representative of each candidate in an election and
12   one representative from each political party shall be permitted
13   to remain in the room in which the absentee ballots and mail-in
14   ballots are pre-canvassed. No person observing, attending or
15   participating in a pre-canvass meeting may disclose the results
16   of any portion of any pre-canvass meeting prior to the close of
17   the polls.]
18      (2)   The county board of elections shall meet no earlier than
19   the close of polls on the day of the election and no later than
20   the third day following the election to begin canvassing
21   absentee ballots and mail-in ballots [not included in the pre-
22   canvass meeting]. The meeting under this paragraph shall
23   continue until all absentee ballots and mail-in ballots received
24   [prior to the close of the polls] in accordance with this act
25   have been canvassed. The county board of elections shall not
26   record or publish any votes reflected on the ballots prior to
27   the close of the polls. The canvass process shall continue
28   through the eighth day following the election for valid
29   military-overseas ballots timely received under 25 Pa.C.S. §
30   3511 (relating to receipt of voted ballot). A county board of

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 1   elections shall provide at least forty-eight hours' notice of a
 2   canvass meeting by publicly posting a notice on its publicly
 3   accessible Internet website. One authorized representative of
 4   each candidate in an election and one representative from each
 5   political party shall be permitted to remain in the room in
 6   which the absentee ballots and mail-in ballots are canvassed.
 7      (3)   When the county board meets to pre-canvass or canvass
 8   absentee ballots and mail-in ballots under [paragraphs (1),
 9   (1.1) and (2)] the provisions of this act, the board shall
10   examine the declaration on the envelope of each ballot not set
11   aside under subsection (d) and shall compare the information
12   thereon with that contained in the "Registered Absentee and
13   Mail-in Voters File," the absentee voters' list, the district
14   register and/or the "Military Veterans and Emergency Civilians
15   Absentee Voters File," whichever is applicable. If the county
16   board has verified the proof of identification as required under
17   this act and is satisfied that the declaration is sufficient and
18   the information contained in the "Registered Absentee and Mail-
19   in Voters File," the absentee voters' list and/or the "Military
20   Veterans and Emergency Civilians Absentee Voters File" verifies
21   his right to vote, the county board shall provide a list of the
22   names of electors whose absentee ballots or mail-in ballots are
23   to be [pre-canvassed or] canvassed.
24      (4)   All absentee ballots [which have not been challenged
25   under section 1302.2(c) and all] and mail-in ballots which have
26   not been voided or challenged under [section 1302.2-D(a)(2)] the
27   provisions of this act and that have been verified under
28   paragraph (3) shall be counted and included with the returns of
29   the applicable election district as follows:
30      * * *

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 1   Section 1302-D.   Applications for official mail-in ballots.
 2      (a)   General rule.--A qualified elector under section 1301-D
 3   may apply at any time before five o'clock P.M. of the first
 4   Tuesday prior to any primary or election for an official mail-in
 5   ballot in person or on any official county board of election
 6   form addressed to the Secretary of the Commonwealth or the
 7   county board of election of the county in which the qualified
 8   elector's voting residence is located.
 9      * * *
10      (f)   Form.--Application for an official mail-in ballot shall
11   be on physical and electronic forms prescribed by the Secretary
12   of the Commonwealth. The application shall state that [a voter]
13   an elector who applies for a mail-in ballot under section 1301-D
14   shall not be eligible to vote at a polling place on election day
15   unless the elector [brings the elector's mail-in ballot to the
16   elector's polling place, remits the ballot and the envelope
17   containing the declaration of the elector to the judge of
18   elections to be spoiled] has the ballot with the envelope
19   containing the declaration of the elector voided at the
20   elector's polling place and signs a statement subject to the
21   penalties under 18 Pa.C.S. § 4904 (relating to unsworn
22   falsification to authorities) to the same effect. The physical
23   application forms shall be made freely available to the public
24   at county board of elections, municipal buildings and at other
25   locations designated by the Secretary of the Commonwealth. The
26   electronic application forms shall be made freely available to
27   the public through publicly accessible means. No written
28   application or personal request shall be necessary to receive or
29   access the application forms. Copies and records of all
30   completed physical and electronic applications for official

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 1   mail-in ballots shall be retained by the county board of
 2   elections.
 3      * * *
 4   Section 1303-D.   Official mail-in elector ballots.
 5      * * *
 6      (e)   Notice.--The official mail-in voter ballot shall state
 7   that [a voter] an elector who [receives] requests a mail-in
 8   ballot under section 1301-D and whose voted mail-in ballot is
 9   not [timely] received as required under section 1308(g) may only
10   vote on election day by provisional ballot [unless the elector
11   brings the elector's mail-in ballot to the elector's polling
12   place, remits the ballot and the envelope containing the
13   declaration of the elector to the judge of elections to be
14   spoiled] after the elector first signs an affidavit stating that
15   the elector has not cast any other ballot in the election,
16   directs the requested ballot be voided and signs a statement
17   subject to the penalties of 18 Pa.C.S. § 4904 (relating to
18   unsworn falsification to authorities) to the same effect. An
19   elector may cast a regular ballot at the appropriate polling
20   place if the elector's mail-in ballot, whether voted or unvoted,
21   with the envelope containing the declaration of the elector is
22   voided at the elector's polling place and signs a statement
23   subject to the penalties of 18 Pa.C.S. § 4904.
24   Section 1306-D.   Voting by mail-in electors.
25      (a)   General rule.--At any time after receiving an official
26   mail-in ballot, but on or before [eight o'clock P.M. the day of
27   the primary or election] the specified requirements under
28   section 1308(g), the mail-in elector shall, in secret, proceed
29   to mark the ballot only in black lead pencil, indelible pencil
30   or blue, black or blue-black ink, in fountain pen or ball point

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 1   pen, and then fold the ballot, enclose and securely seal the
 2   same in the envelope on which is printed, stamped or endorsed
 3   "Official Election Ballot." This envelope shall then be placed
 4   in the second one, on which is printed the form of declaration
 5   of the elector, and the address of the elector's county board of
 6   election and the local election district of the elector. The
 7   elector shall then fill out, date and sign the declaration
 8   printed on such envelope. Such envelope shall then be securely
 9   sealed and the elector shall send same by mail, postage prepaid,
10   except where franked, or deliver it in person to said county
11   board of election.
12      * * *
13      (b)   Eligibility.--
14            (1)   Any elector who receives and votes a mail-in ballot
15      under section 1301-D shall not be eligible to vote at a
16      polling place on election day unless the elector requests
17      that the ballot with envelope be voided and an affidavit is
18      signed. The district register at each polling place shall
19      clearly identify electors who have [received and voted]
20      requested mail-in ballots as ineligible to vote at the
21      polling place[, and district] unless the elector has the
22      ballot with envelope voided and signs an affidavit. District
23      election officers shall not permit electors who voted a mail-
24      in ballot to vote at the polling place[.] without completing
25      the requirements of this section. The elector shall sign an
26      affidavit, in the presence of the local judge of elections in
27      the appropriate local election district. The affidavit shall
28      be in substantially the following form:
29      I hereby swear that I am a qualified registered elector who
30      has requested an absentee ballot. However, I am present in

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 1    the municipality of my residence and request that my absentee
 2    ballot be voided.
 3    (Date)
 4    (Signature of Elector)
 5    (Name and Address of Elector)
 6    (Local Judge of Elections)
 7        (2)   An elector who requests a mail-in ballot and who is
 8    not shown on the district register as having voted [may] but
 9    does not have a ballot with envelope to void may sign the
10    affidavit under paragraph (1) declaring the ballot void and
11    vote by provisional ballot under section 1210(a.4)(1).
12        (3)   Notwithstanding paragraph (2), an elector who
13    requests a mail-in ballot and who is not shown on the
14    district register as having voted the ballot may vote at the
15    polling place if the elector [remits] has the ballot and the
16    envelope containing the declaration of the elector [to]
17    voided by the judge of elections [to be spoiled] and the
18    elector signs both the affidavit under subsection (b)(1) and
19    a statement subject to the penalties of 18 Pa.C.S. § 4904
20    (relating to unsworn falsification to authorities) which
21    shall be in substantially the following form:
22        I hereby declare that I am a qualified registered elector
23    who has obtained an absentee ballot or mail-in ballot. I
24    further declare that I have not cast my absentee ballot or
25    mail-in ballot, and that instead I remitted my absentee
26    ballot or mail-in ballot to the judge of elections at my
27    polling place to be spoiled and therefore request that my
28    absentee ballot or mail-in ballot be voided.
29        (Date)
30        (Signature of Elector)...........(Address of Elector)

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1         (Local Judge of Elections)
2     * * *
3     Section 2.    This act shall take effect in 60 days.




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