2023-2024 Regular Session HB 1831 PN 2267 Bill Text (HTM)

PRINTER'S NO. 2267

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1831

Session of

2023

INTRODUCED BY RABB, MADDEN AND SANCHEZ, NOVEMBER 8, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 8, 2023

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in dates of elections and primaries and special

elections, further providing for special elections for

Senator and Representative in the General Assembly, for

special elections for members of councils or legislative

bodies of cities, boroughs, towns and townships and for

nominations for special election for Representative in

Congress, Senator and Representative in the General Assembly

and member of council or legislative body of cities,

boroughs, towns and townships and providing for special

election for Senator or Representative in General Assembly or

member of council or legislative body of cities, boroughs,

towns and townships and for fines imposed for certain

resignations and establishing the Special Election Fund; in

nomination of candidates, further providing for number of

signers required for nomination petitions of candidates at

primaries, providing for secure online signature collection

for Federal, State and municipal political offices and

further providing for nominations by political bodies, for

limitations on eligibility of candidates, for contents of

nomination papers, restriction on names and campaign finances

and for filing fee; in voting machines, further providing for

requirements of voting machines; in electronic voting

systems, further providing for requirements of electronic

voting systems and for forms; in voting by qualified mail-in

electors, repealing provisions relating to qualified mail-in

electors, providing for automatic issuance of mail-in

ballots, repealing provisions relating to applications for

official mail-in ballots, to date of application for mail-in

ballot and to approval of application for mail-in ballot and

further providing for delivering or mailing ballots, for

voting by mail-in electors and for public records; in primary

and election expenses, further providing for authorization of

political committee and for reporting by candidate and

political committees and other persons; and imposing

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 628, 628.1 and 629 of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, are amended to read:

Section 628. Special Elections for Senator and

Representative in the General Assembly.--[Whenever] (a) Except

as provided in subsection (b), whenever a vacancy shall occur in

either house of the General Assembly whether or not it then be

in session, the presiding officer of such house shall, within

ten (10) days after the happening of the vacancy, issue a writ

of election to the proper county board or boards of election and

to the Secretary of the Commonwealth, for a special election to

fill said vacancy, which election shall be held at the next

ensuing primary, municipal or general election scheduled at

least sixty (60) days after the issuance of the writ or such

other earlier date which is at least sixty (60) days following

the issuance of the writ as the presiding officer may deem

appropriate: Provided, however, That should the Governor after

the issuance of the said writ of election advise the presiding

officer that the General Assembly will be called into

extraordinary session prior to the date set for such special

election, the presiding officer may countermand the writ

theretofore issued and shall issue a new writ of election,

fixing therein such earlier date therefor as is deemed

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expedient, but which shall not be less than sixty (60) days

after the issuance of said writ: Provided further, That if the

vacancy shall occur less than seven (7) months prior to the

expiration of the term, a special election shall be held only if

in the opinion of the presiding officer the election is in the

public interest.

(b) Notwithstanding subsection (a), whenever a vacancy under

subsection (a) occurs more than ninety (90) days before the next

ensuing primary, municipal or general election, the special

election under subsection (a) shall be held at least sixty (60)

days before the next ensuing primary, municipal or general

election.

Section 628.1. Special Elections for Members of Councils or

Legislative Bodies of Cities, Boroughs, Towns and Townships.--

[In all cases] (a) Except as provided in subsection (b), where

under any law now or hereafter enacted, a special election is

required to fill any vacancy in the office of member of the

council or legislative body of any city, borough, town or

township, such election shall be held on the day fixed in the

writ for the special election or on such day as may be otherwise

provided by such law, which day shall be within sixty (60) days

after the issuance of the writ or after the happening of the

vacancy, as the case may be, notwithstanding any provisions in

such law requiring the special election to be held on an earlier

day. This section shall not be construed as requiring a special

election in any case where such election is not required under

any law now or hereafter enacted.

(b) Notwithstanding subsection (a), whenever a vacancy under

subsection (a) occurs more than ninety (90) days before the next

ensuing primary, municipal or general election, the special

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election under subsection (a) shall be held at least sixty (60)

days before the next ensuing primary, municipal or general

election.

Section 629. Nominations for Special Election for

Representative in Congress, Senator and Representative in the

General Assembly and Member of Council or Legislative Body of

Cities, Boroughs, Towns and Townships.--[Candidates] Subject to

section 629.1, candidates to fill vacancies in the offices of

Representative in Congress, Senator and Representative in the

General Assembly and member of the council or legislative body

of any city, borough, town or township shall be nominated by

political parties, in accordance with the party rules relating

to the filling of vacancies, by means of nomination

certificates, in the form prescribed in section 630 of this act;

and by political bodies, by means of nomination papers, in

accordance with the provisions of sections 951, 952 and 954 of

this act. Said nomination certificates and nomination papers for

the office of Representative in Congress, Senator and

Representative in the General Assembly shall be filed in the

office of the Secretary of the Commonwealth not later than fifty

(50) days prior to the date of the special election, and for the

office of member of the council or legislative body of a city,

borough, town or township, in the office of the county board of

elections wherein such city, borough, town or township is

situate, not later than fifteen (15) days after the issuance of

the writ of election.

Section 2. The act is amended by adding sections to read:

Section 629.1. Special Election for Senator or

Representative in General Assembly or Member of Council or

Legislative Body of Cities, Boroughs, Towns and Townships.--(a)

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Notwithstanding any other provision of law, an individual who

seeks consideration as a candidate in a special election for

Senator or Representative in the General Assembly or member of

council or legislative body of a city, borough, town or township

shall do all of the following:

(1) File with the Secretary of the Commonwealth the

individual's intent to seek consideration as a candidate, on a

form prescribed by the department, which shall include the

following information:

(i) The name of the individual.

(ii) The residence and contact information of the

individual, including, as applicable, street address, telephone

number and e-mail address.

(iii) The name of the office for which the individual seeks

to become a candidate in the special election.

(iv) Other information required by the department.

(2) Pay a filing fee in the amount of two hundred fifty

dollars ($250) to the department. Upon receipt, the department

shall transfer the money to the State Treasurer for deposit into

the fund.

(3) Either of the following:

(i) Prepare a short video announcing the individual's

interest in becoming a candidate in the special election. The

following apply:

(A) The video shall be made available:

(I) To be posted on the department's publicly accessible

Internet website.

(II) For public broadcast on the Pennsylvania Cable Network

or its assigns or successors.

(III) To be posted on the publicly accessible Internet

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website of the political party or political body with which the

individual is affiliated.

(B) The department shall determine whether it would be

appropriate to have the video posted or broadcast on another

form of media, including social media.

associated with the preparation of the video and any costs

associated with the posting or broadcast of the video.

(D) For the purpose of enabling the general public to be

better informed regarding prospective candidates for the special

election, the video shall be available no fewer than ten (10)

days prior to the nomination of the candidate for the special

election and shall remain online or otherwise available to the

general public until the date of the certification of the

candidate for the special election.

(ii) File with the Secretary of the Commonwealth, on a form

prescribed by the department, a statement that the individual

wishes to opt out of preparing the video and having the video

posted or broadcast under subparagraph (i).

(b) Each chairperson of a political party within each county

in which the legislative district is located shall schedule a

public meeting of elected party committee members from the

legislative district to consider each individual who seeks

consideration as a candidate in the special election. The

following apply:

(1) The chairperson shall ensure that each voting district

in the county's legislative district which shall hold the

special election is fairly represented at the public meeting.

(2) For the purpose of conducting the public meeting, no

fewer than a majority of the elected committee members from each

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voting district must be present at the public meeting.

(3) The public meeting shall be advertised in at least one

local newspaper of general circulation or on another local media

outlet no fewer than fourteen (14) days before the public

meeting and the nomination of the candidate for the special

election.

(4) For the purpose of providing accessibility to the public

meeting, a virtual access option shall be provided for committee

members and candidates who cannot attend the public meeting in

person.

ability of an individual to nominate the individual if:

(1) the individual has not been nominated by a political

party or political body; and

(2) the individual has filed with the Secretary of the

Commonwealth the individual's intent to seek consideration as a

candidate and has obtained the minimum nomination petition

signatures required under section 912.1.

(d) The department shall publish notice of the candidacy of

individuals who seek election in a special election for Senator

or Representative in the General Assembly or member of council

or legislative body of a city, borough, town or township on the

department's publicly available Internet website and other

respective media outlets, as determined by the department.

(e) The Special Election Fund is established as a separate

restricted account within the General Fund. The following apply:

(1) Money in the fund shall be appropriated to the

department on a continuing basis.

(2) The department shall distribute the money on a pro rata

basis to a candidate, political party or political body, which

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has a candidate seeking election in the special election, of

each county in which the legislative district is located.

(f) The department shall develop forms and promulgate rules

and regulations necessary to implement the provisions of this

section.

(g) This section shall only apply to filling a vacancy in

elective office through special election. Nothing in this

section shall be construed to preclude filling a vacancy in

elective office through means other than special election, as

prescribed through other provisions of law or the Constitution

of Pennsylvania.

(h) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of State of the Commonwealth.

"Fund." The Special Election Fund established under

subsection (e).

Section 638. Fines Imposed for Certain Resignations.--(a)

Notwithstanding other applicable penalties specified under law,

if a Senator or Representative in the General Assembly or member

of council or legislative body of a city, borough, town or

township resigns from office as a result of being found guilty

of or entering a plea of guilty or nolo contendere to an offense

graded as a felony, the Senator or Representative or member of

council or legislative body of a city, borough, town or township

shall:

(1) Forfeit all campaign funds.

(2) Pay a fine not exceeding one hundred thousand dollars

($100,000), in the discretion of the court in consultation with

the department and any appropriate county election board.

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(b) Funds and fines incurred under subsection (a) shall be

deposited into the Special Election Fund established under

section 629.1 for the purpose of reimbursing county boards of

elections for the costs associated with holding special

elections and defraying administrative expenses incurred by the

department associated with special elections.

Section 3. Section 912.1 of the act is amended to read:

Section 912.1. Number of Signers Required for Nomination

Petitions of Candidates at Primaries and Special Elections.--(a)

Candidates for nomination of offices as listed below shall

present a nominating petition containing at least as many valid

signatures of registered and enrolled members of the proper

party as listed below:

(1) President of the United States: [Two] Six thousand.

(2) United States Senate: [Two] Six thousand.

(3) Governor: [Two] Six thousand including at least [one]

three hundred from each of at least ten counties.

(4) Lieutenant Governor: [One] Three thousand including at

least [one] three hundred from each of at least five counties.

(5) Treasurer: [One] Three thousand including at least [one]

three hundred from each of at least five counties.

(6) Auditor General: [One] Three thousand including at least

[one] three hundred from each of at least five counties.

(7) Attorney General: [One] Three thousand including at

least [one] three hundred from each of at least five counties.

(8) Justice of the Supreme Court: [One] Three thousand

including at least [one] three hundred from each of at least

five counties.

(9) Judge of the Superior Court: [One] Three thousand

including at least [one] three hundred from each of at least

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five counties.

(10) Judge of the Commonwealth Court: [One] Three thousand

including at least [one] three hundred from each of at least

five counties.

(11) For any other office to be filled by the vote of the

electors of the State at large or for any other party office to

be elected by the electors of the State at large: [One] Three

thousand including at least [one] three hundred from each of at

least five counties.

(12) Representative in Congress: [One] Three thousand.

(13) Senator in the General Assembly: [Five hundred] One

thousand five hundred.

(14) Representative in the General Assembly: [Three] Nine

hundred.

(15) Public or party offices to be filled by a vote of the

electors in counties of the first class at large: [One] Three

thousand.

(16) Public or party offices to be filled by a vote of the

electors in counties of the second class at large: [Five

hundred] One thousand five hundred.

(17) Public or party offices to be filled by a vote of the

electors in cities of the first class at large: [One] Three

thousand.

(18) Public or party offices to be filled by a vote of the

electors in counties of the second class A at large: [Two] Seven

hundred fifty.

(19) Public or party offices to be filled by a vote of the

electors in counties of the third class at large: [Two] Seven

hundred fifty.

(20) Public or party offices to be filled by a vote of the

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electors in counties of the fourth class at large: [Two] Seven

hundred fifty.

(21) Public or party offices to be filled by a vote of the

electors in cities of the second class at large: [Two] Seven

hundred fifty.

(22) Public or party offices to be filled by a vote of the

electors in cities of the second class A at large: [One] Three

hundred.

(23) Public or party offices to be filled by a vote of the

electors in cities of the third class at large: [One] Three

hundred.

(24) Public or party offices to be filled by a vote of the

electors in counties of the fifth class at large: [One] Three

hundred.

(25) Public or party offices to be filled by a vote of the

electors in counties of the sixth class at large: [One] Three

hundred.

(26) Public or party offices to be filled by a vote of the

electors in counties of the seventh class at large: [One] Three

hundred.

(27) Public or party offices to be filled by a vote of the

electors in counties of the eighth class at large: [One] Three

hundred.

(28) Office of judge of any court of record other than a

Statewide court or a court in a county of the first or second

class: [Two] Seven hundred fifty.

(29) District delegate or alternate district delegate to a

National party convention: [Two] Seven hundred fifty.

(30) Member of State committee: [One] Three hundred.

(31) Office of district council member in a city of the

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first class: [Seven hundred fifty] Two thousand two hundred

fifty.

(31.1) Office of district council member in a city of the

second class: [One] Three hundred.

(32) Office of magisterial district judge: [One] Three

hundred, but only for a candidate's primary election when the

candidate does not already hold the office of magisterial

district judge. A sitting magisterial district judge elected to

the office shall not be required to file a nominating petition

under this section to run for the office of magisterial district

judge but may instead file a certificate of nomination for

reelection specifying the intent to seek reelection to the

office. If a sitting magisterial district judge files a

certificate of nomination for reelection, the sitting

magisterial district judge may not challenge the nominating

petition of another candidate for magisterial district judge.

(33) Office of judge of election: Ten.

(34) Inspector of elections: Five.

(35) School director: Ten.

(36) All other public and party offices: Ten.

(b) Unless otherwise specified under subsection (a), for any

public or party office which encompasses more than one political

subdivision, at least five signatures from each subdivision must

be secured.

of an office in a primary and to a candidate in a special

election not nominated by a political party or political body.

Section 4. The act is amended by adding a section to read:

Section 913.1. Secure Online Signature Collection for

Federal, State and Municipal Political Offices.--Notwithstanding

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any other provision of law, the Secretary of the Commonwealth

shall promulgate regulations by January 1, 2025, to establish

and implement an electronic system for qualified electors to

sign a nomination petition for a candidate for all Federal,

State and political offices by way of a secure Internet portal.

The following apply:

(1) The system shall be implemented for use in the 2025

Municipal primary and each election thereafter.

(2) The system shall allow only those qualified electors who

are eligible to sign a petition for a particular candidate to

sign the petition and shall provide a method for the qualified

elector's identity to be properly verified.

(3) A candidate may choose to collect up to the full number

of required nomination petition signatures by use of the online

signature collection system under this section.

Section 5. Sections 951(b), 951.1, 952 and 954 of the act

are amended to read:

Section 951. Nominations by Political Bodies.--* * *

(b) Where the nomination is for any office to be filled by

the electors of the State at large, the number of qualified

electors of the State signing such nomination paper shall be at

least equal to [two per centum of the largest entire vote cast

for any elected candidate in the State at large at the last

preceding election at which State-wide candidates were voted

for. In the case of all other nominations, the number of

qualified electors of the electoral district signing such

nomination papers shall be at least equal to two per centum of

the largest entire vote cast for any officer] that listed in

section 912.1, except a judge of a court of record, elected at

the last preceding election in said electoral district for which

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said nomination papers are to be filed, and shall be not less

than the number of signers required for nomination petitions for

party candidates for the same office. In cases where a new

electoral district shall have been created, the number of

qualified electors signing such nomination papers, for

candidates to be elected at the first election held after the

creation of such district, shall be at least equal to [two per

centum of the largest vote cast in the several election

districts, which are included in the district newly created, for

any officer elected in the last preceding election] that listed

in section 912.1.

* * *

Section 951.1. Limitations on Eligibility of Candidates.--

Any person who is a registered and enrolled member of a party

during any period of time beginning with thirty (30) days before

the primary and extending through the general or municipal

election of that same year shall be ineligible to be the

candidate of a political body in a general or municipal election

held in that same year [nor shall any person who is a registered

and enrolled member of a party be eligible to be the candidate

of a political body for a special election].

Section 952. Contents of Nomination Papers; Restriction on

Names; Campaign Finances.--[All nomination] If applicable, all

papers shall specify--(a) The name or appellation of the

political body which the candidates nominated thereby represent,

expressed in not more than three words, and in the case of

electors for President and Vice-President of the United States,

the names of the candidates for President and Vice-President of

such political body; (b) the name of each candidate nominated

therein, his profession, business or occupation, if any; and his

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place of residence with street and number, if any; (c) the

office for which such candidate is nominated; and (d) if

applicable, the names and addresses of the committee, not to be

less than three (3) nor more than five (5) persons, authorized

to fill vacancies, if any shall occur. No words shall be used in

any nomination paper to designate the name or appellation of the

political body represented by the candidates named in such

nomination paper which are identical with or deceptively similar

to the words used for a like purpose by any existing political

party as defined by section 801 of this act, or which contain

part of the name or an abbreviation of the name or part of the

name of any existing political party; nor shall any words be

used in any nomination paper to designate the name or

appellation of the political body represented by the candidate's

name in such nomination paper which are identical with or

deceptively similar to the words used for a like purpose by any

political body which has already filed nomination papers for the

same office nor which contain part of the name or an

abbreviation of the name or part of the name of a political body

which has already filed nomination papers for the same office.

Any petition to set aside a nomination paper on account of the

name or appellation used therein, or involving the right of the

signers thereof to use such name or appellation shall be decided

as in the case of other petitions to set aside nomination

papers, in the manner provided by this article.

Each person filing any nomination paper for public office

shall be given a statement composed by the Secretary of the

Commonwealth setting forth his duties under law to file pre-

election and post-election campaign finance reports, and the

penalties for nonfiling. Each person filing shall also be given

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a form to file expenses if the amount received or expended or

liabilities incurred shall exceed the sum of two hundred fifty

dollars ($250), and a form containing a sworn statement that the

amount received or expended or liabilities incurred do not

exceed the sum of two hundred fifty dollars ($250), with written

instructions prepared by the Secretary of the Commonwealth.

Within three weeks after such candidate has filed, the

appropriate supervisor shall mail the same forms and

instructions to such candidate by first class mail.

Section 954. Filing Fee.--The same filing fee shall be paid

for each candidate nominated by a nomination paper as required

in [section] sections 629.1 and 913 for the filing of nomination

petitions by candidates for nomination to the same office. Each

nomination paper nominating a candidate or a group of candidates

for office shall be accompanied by a certified check or money

order drawn in the proper amount to cover the filing fees for

each candidate nominated therein but in no case less than the

sum of five dollars ($5.00), and payable to the Commonwealth of

Pennsylvania or to the county, as the case may be. All fees so

received by the Secretary of the Commonwealth or the county

election board shall be transmitted to the State Treasurer or to

the county treasurer, as the case may be, and shall become part

of the General Fund.

Section 6. Section 1107(e) of the act is amended and the

section is amended by adding a subsection to read:

Section 1107. Requirements of Voting Machines.--No voting

machine shall, upon any examination or reexamination, be

approved by the Secretary of the Commonwealth, or by any

examiner appointed by him, unless it shall, at the time, satisfy

the following requirements:

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* * *

(e) It shall preclude each voter from voting [for any

candidate, or] upon any question[, for whom or upon] which he is

not entitled to vote, and from voting for more persons for any

office than he is entitled to vote for, and from voting for any

candidate for the same office or upon any question more than

once, except in districts and for offices where cumulative

voting is authorized by law.

* * *

(f.1) It shall be capable of adjustment by election

officers, so as to permit each voter at a special election to

vote for the candidates for nonpartisan nomination, if any, or

for the candidates seeking nomination by the political party in

which the voter is registered and enrolled, if the voter is

enrolled as a member of a political party.

* * *

Section 7. Section 1107-A of the act is amended by adding a

paragraph to read:

Section 1107-A. Requirements of Electronic Voting Systems.--

No electronic voting system shall, upon any examination or

reexamination, be approved by the Secretary of the Commonwealth,

or by any examiner appointed by him, unless it shall be

established that such system, at the time of such examination or

reexamination:

* * *

(4.1) Permits each voter at a special election to vote a

ticket selected from the nominees of any and all political

parties, from the nominees of any and all political bodies, from

any nonpartisan nominees and from any persons whose names are

not in nomination and do not appear upon the official ballot.

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* * *

Section 8. Section 1109-A(c) of the act is amended and

subsection (a) is amended by adding a paragraph to read:

Section 1109-A. Forms.--(a) * * *

(3.1) In a special election, the pages placed on the voting

device may be arranged with the entire ballot label listing the

names of candidates seeking nomination of each qualified

political party, any nonpartisan candidates and any nonpartisan

offices or measures. Groups of pages may be identified by color

or other suitable means, and voters shall be instructed to vote

only for candidates of the party of their choice or any

nonpartisan candidate and thereafter to vote for any nonpartisan

offices or measures.

* * *

of candidates shall in all elections be arranged in columns or

rows in a series of separate pages and, in primary elections,

the names of candidates for an office shall appear in the order

that was established under the provisions of sections 915 and

916. The office titles shall be printed above or at the side of

the names of candidates so as to indicate clearly the candidates

for each office and the number to be elected. In [partisan]

general elections the party designation of each candidate shall

be printed to the right or below the candidate's name. All

candidates for one office shall be grouped on one page where

practical; in case there are more candidates for an office than

can be printed in one column or on one ballot page, the ballot

label shall clearly indicate that the list of candidates is

continued on the following column or page, and so far as

possible, the same number of names shall be printed on each

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column or page. Arrows may be used to indicate the place to vote

for each candidate and for or against every question presented.

* * *

Section 9. Section 1301-D of the act is repealed:

[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.

(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).]

Section 10. The act is amended by adding a section to read:

Section 1301.1-D. Automatic issuance of mail-in ballots.

(a) Official mail-in ballot.--The county board of elections

shall provide an official mail-in ballot to each qualified

registered elector prior to a primary or election held in this

Commonwealth in the manner provided under this article.

(b) Qualified mail-in elector.--A qualified registered

elector shall be entitled to vote by an official mail-in ballot

in a primary or election held in this Commonwealth in the manner

provided under this article.

Section 11. Sections 1302-D, 1302.1-D and 1302.2-D of the

act are repealed:

[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

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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.

(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

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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

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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.

(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.

20230HB1831PN2267 - 22 -

(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.

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.

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

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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.

(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.

(4) When approved, the registration commission shall

cause a mail-in voter's record to be inserted in the district

(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.

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

20230HB1831PN2267 - 24 -

mail-in ballot requiring the elector to provide proof of

identification with the mail-in ballot or the ballot will not be

counted.]

Section 12. Sections 1305-D, 1306-D(a) and (b), 1307-D(a)

and (b), 1623 and 1626(i) of the act are amended to read:

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]

60 days prior to the scheduled primary or election. 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.]

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

20230HB1831PN2267 - 25 -

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.] may:

(1) send the envelope by mail, except where franked;

(2) d eliver the envelope in person to the county board

of elections or to the elector's polling place on election

day; or

(3) as provided under subsection (b), vote in person at

the elector's polling place on election day after remitting

the ballot and the envelope containing the declaration of the

elector to the judge of elections at the elector's polling

place on election day to be spoiled.

* * *

(b) Eligibility.--

(1) Any elector who receives and votes a mail-in ballot

under [section 1301-D] this article shall not be eligible to

vote at a polling place on election day. The district

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] receives a mail-in ballot

and who is not shown on the district register as having voted

20230HB1831PN2267 - 26 -

may vote by provisional ballot under section 1210(a.4)(1).

(3) Notwithstanding paragraph (2), an elector who

[requests] receives 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)

* * *

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.

20230HB1831PN2267 - 27 -

(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.

* * *

Section 1623. Authorization of Political Committee.--No

treasurer of a nonpartisan candidate or of any political

committee shall receive any money on behalf of a candidate until

such treasurer or political committee shall have been so

authorized in writing by the candidate on a form designed by the

Secretary of the Commonwealth. A copy of such written

authorization shall be filed with the appropriate supervisor;

however the treasurer of any state, county, city, borough,

township, ward or other regularly constituted party committee of

any political party or political body is hereby authorized to

receive money on behalf of the candidates of such political

party or political body in a general, municipal or special

election, without special written authorization from such

candidate.

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

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(i) An expenditure from a nonpartisan candidate's treasurer

or candidate's political committee to another political

committee shall be reported as a contribution by the political

committee receiving the contribution but need not be reported by

the contributing nonpartisan candidate's treasurer or

candidate's political committee until the time required by law

for that nonpartisan candidate's treasurer or candidate's

political committee to report: Provided, however, That if the

amount of the contribution exceeds two hundred fifty dollars

($250) to a single political committee or one thousand dollars

($1,000) in aggregate contributions to more than one political

committee for any primary, general or special election, then

receipts and expenditures shall be reported by the contributing

committee at the same time as required by law for the committee

receiving same.

* * *

Section 13. This act shall take effect in 60 days.

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