SB 324 — An Act amending Title 25 (Elections) of the Pennsylvania Consolidated Statutes, in penalties, providing for the offense of distribution of unofficial mail-in form; and imposing a penalty.

PRINTER'S NO.    255

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 324
                                                 Session of
                                                   2025

     INTRODUCED BY BROOKS, DUSH, STEFANO, FONTANA, PENNYCUICK AND
        HUTCHINSON, FEBRUARY 26, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 2025


                                      AN ACT
 1   Amending Title 25 (Elections) of the Pennsylvania Consolidated
 2      Statutes, in penalties, providing for the offense of
 3      distribution of unofficial mail-in form; and imposing a
 4      penalty.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 25 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 1715.    Distribution of unofficial mail-in form.
10      (a)    Offense defined.--A person may not distribute an
11   unofficial mail-in form to a qualified elector.
12      (b)    Exceptions.--Subsection (a) does not apply to a document
13   that:
14             (1)   is designed for the purpose of providing information
15      on how to obtain an application for an absentee ballot, mail-
16      in ballot or application for an absentee ballot or mail-in
17      ballot;
18             (2)   does not include a return mailing address;
19             (3)   clearly and conspicuously states at the top of the
 1      document that the document is an unofficial document;
 2             (4)   identifies the person distributing the document; and
 3             (5)   does not use stationery mimicking that of an elected
 4      official, the department or county election board, or an
 5      authorized agent of the department or county election board.
 6      (c)    Penalty.--A person who violates subsection (a) commits a
 7   misdemeanor of the third degree and shall, upon conviction, be
 8   subject to pay a fine of not less than $500 nor more than
 9   $2,500.
10      (d)    Definition.--As used in this section, the term
11   "unofficial mail-in form" means any of the following:
12             (1)   An application for an absentee ballot or mail-in
13      ballot for use by an elector in a general election, primary
14      election or special election in this Commonwealth that has
15      not been issued under law by the department or a county
16      election board, or an authorized agent of the department or
17      county election board.
18             (2)   An absentee ballot or mail-in ballot for use by an
19      elector in a general election, primary election or special
20      election in this Commonwealth that has not been issued under
21      law by the department or a county election board, or an
22      authorized agent of the department or county election board.
23             (3)   An application for an absentee ballot or mail-in
24      ballot, or an absentee ballot or mail-in ballot, printed on
25      stationery mimicking that of an elected official, the
26      department or a county election board, or an authorized agent
27      of the department or county election board.
28             (4)   An application for an absentee ballot or mail-in
29      ballot, or an absentee ballot or mail-in ballot, mailed in an
30      envelope mimicking that of an elected official, the

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1     department or a county election board, or an authorized agent
2     of the department or county election board.
3     Section 2.    This act shall take effect in 60 days.




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