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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
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 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 102(a.1) and (q.1), 302(p), 1210(a.4)(5)
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(i) and (ii)(F), 1219, 1302(i)(1), 1302.1(a.3)(1) introductory
paragraph, (i), (ii) and (iii), (2), (4) and (8), 1303(e),
1306(a) introductory paragraph, (b) and (c), 1308(a) and (g)(1),
(1.1), (2), (3) and (4) introductory paragraph, 1302-D(a) and
(f), 1303-D(e) and 1306-D(a) and (b) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, are
amended to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(a.1) The word "canvass" shall [mean the gathering of
ballots after the final pre-canvass meeting and the counting,
computing and tallying of the votes reflected on the ballots.]
include gathering the ballots after the election and counting,
computing and tallying the votes.
* * *
[(q.1) The word "pre-canvass" shall mean the inspection and
opening of all envelopes containing official absentee ballots or
mail-in ballots, the removal of such ballots from the envelopes
and the counting, computing and tallying of the votes reflected
on the ballots. The term does not include the recording or
publishing of the votes reflected on the ballots.]
* * *
Section 302. Powers and Duties of County Boards.--The county
boards of elections, within their respective counties, shall
exercise, in the manner provided by this act, all powers granted
to them by this act, and shall perform all the duties imposed
upon them by this act, which shall include the following:
* * *
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(p) A county board of elections shall not pay compensation
to a judge of elections who wilfully fails to deliver by two
o'clock A. M. on the day following the election envelopes;
supplies, including all [uncast] provisional ballots, mail-in
ballots and absentee ballots; and returns, including all
provisional ballots cast in the election district and statements
signed under sections 1306 and 1302-D.
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.4) * * *
(5) (i) Except as provided in subclause (ii), if it is
determined that the individual was registered and entitled to
vote at the election district where the ballot was cast, the
county board of elections shall compare the signature on the
provisional ballot envelope with the signature on the elector's
registration form and, if the signatures are determined to be
genuine, shall count the ballot if the county board of elections
confirms that the individual did not cast any other ballot[,
including an absentee ballot,] not voided under sections 1306(b)
or 1306-D(b) in the election.
(ii) A provisional ballot shall not be counted if:
* * *
(F) the elector's absentee ballot or mail-in ballot is
[timely] received by a county board of elections[.] in
accordance with the applicable deadlines specified in this act
and which has not been voided at the request of the elector
under sections 1306(b) or 1306-D(b).
* * *
Section 1219. Ballots to Be Issued by Election Officers
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Only; Ballots Not to Be Removed; Official Ballots Only to Be
Deposited or Counted.--No official ballot shall be taken from
any book of ballots, except by an election officer or clerk when
a person desiring to vote has been found to be a qualified
elector entitled to vote. Not more than one ballot shall be
removed at any one time or given to an elector, except in the
case of a spoiled ballot as provided by this act. No person
other than the election officers shall take or remove any ballot
from the polling place. No ballot without the official
endorsement shall, except as herein otherwise provided, be
deposited in the ballot box, and no other ballots shall be
counted. If any ballot appears to have been obtained otherwise
than from the county board as provided by this act, the same
shall not be counted, and the judge of election shall transmit
such ballot to the district attorney without delay, together
with whatever information he may have regarding the same. If an
elector attests that an absentee or mail-in ballot has been
issued in the elector's name that the elector did not request,
the elector shall be permitted to inspect the ballot and the
county shall provide a complaint form. The complaint form and
the voided ballot with envelope, if available, shall be
submitted to the local district attorney for investigation.
Section 1302. Applications for Official Absentee Ballots.--*
* *
(i) (1) Application for official absentee ballots shall be
on physical and electronic forms prescribed by the Secretary of
the Commonwealth. The application shall state that an elector
who applies for an absentee ballot pursuant to section 1301
shall not be eligible to vote at a polling place on election day
unless the elector [brings the elector's absentee ballot to the
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elector's polling place, remits the ballot and the envelope
containing the declaration of the elector to the judge of
elections to be spoiled] has the elector's absentee ballot with
the envelope containing the declaration of the elector voided at
the elector's polling place and signs a statement subject to the
penalties of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) to the same effect. Such physical
application forms shall be made freely available to the public
at county board of elections, municipal buildings and at such
other locations designated by the secretary. Such 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 absentee ballots shall
be retained by the county board of elections.
* * *
Section 1302.1. Date of Application for Absentee Ballot.--*
* *
(a.3) (1) The following categories of electors may apply
for an absentee ballot under this subsection, if otherwise
qualified, upon execution of an emergency application in the
form prescribed by the Secretary of the Commonwealth:
(i) An elector whose physical disability or illness
prevented the elector from applying for an absentee ballot
before five o'clock P.M. on the first Tuesday prior to the day
of the primary or election and who is unable to appear at the
appropriate polling place on the day of the primary or election.
(ii) An elector who, because of the elector's business,
duties or occupation, was unable to apply for an absentee ballot
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before five o'clock P.M. on the first Tuesday prior to the day
of the primary or election and who is unable to appear at the
appropriate polling place on the day of the primary or election.
(iii) An elector who becomes so physically disabled or ill
after five o'clock P.M. on the first Tuesday prior to the day of
the primary or election that the elector is unable to appear at
the appropriate polling place on the day of the primary or
election.
* * *
(2) An elector described in paragraph (1) may submit an
emergency application for an absentee ballot at any time up
until the time of the closing of the polls on the day of the
primary or election. The application shall include a declaration
describing the circumstances that prevented the elector from
applying for an absentee ballot before five o'clock P.M. on the
first Tuesday prior to the day of the primary or election [or]
and that prevent the elector from appearing at the polling place
on the day of the primary or election, and the elector's
qualifications under paragraph (1). The declaration shall be
made subject to the provisions of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
* * *
(4) If the elector is unable to appear at the office of the
county board of elections to receive the ballot, the board shall
give the elector's absentee ballot to an authorized
representative of the elector who is designated in writing by
the elector. The authorized representative shall deliver the
absentee ballot to the elector and return the completed absentee
ballot, sealed in the official absentee ballot envelopes, to the
office of the county board of elections, which shall retain the
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ballot, unopened, until the ballots are dispensed to the local
elections boards if the ballot is received prior to five o'clock
P.M. on the Friday before the election. If the ballot is
received after five o'clock P.M. on the Friday before the
election, the envelope shall remain unopened until the
canvassing of all absentee ballots.
* * *
(8) No absentee ballot under this subsection shall be
counted which is received in the office of the county board of
elections later than [the deadline for its receipt as provided
in section 1308(g)] eight o'clock P.M. on the day of the
election.
* * *
Section 1303. Official Absentee Voters Ballots.--* * *
(e) The official absentee voter ballot shall state that an
elector who [receives] requests an absentee ballot pursuant to
section 1301 and whose voted ballot is not [timely] received by
the commission as required under section 1308(g) and who, on
election day, is capable of voting at the appropriate polling
place may only vote on election day by provisional ballot
[unless the elector brings the elector's absentee 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] after the elector first signs an
affidavit stating the elector has not cast any other ballot in
the election, directs the requested ballot to be voided and
signs a statement subject to the penalties under 18 Pa.C.S. §
4904 (relating to unsworn falsification to authorities) to the
same effect. An elector may cast a regular ballot at the
appropriate polling place if the elector's absentee ballot,
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whether voted or unvoted, with the envelope containing the
declaration of the elector, is voided at the elector's polling
place and the elector signs a statement subject to the penalties
of 18 Pa.C.S. § 4904.
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before [eight o'clock
P.M. the day of the primary or election] the required time under
section 1308(g), the 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.
* * *
(b) (1) Any elector who receives and votes an absentee
ballot pursuant to section 1301 shall not be eligible to vote at
a polling place on election day unless the elector requests the
ballot with envelope be voided and signs an affidavit. The
district register at each polling place shall clearly identify
electors who have [received and voted] requested absentee
ballots as ineligible to vote at the polling place, [and
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district] unless the elector has the ballot with the envelope
voided and signs an affidavit requesting the ballot be voided.
District election officers shall not permit electors who voted
an absentee ballot to vote at the polling place[.] without
completing the requirements of this section. The elector shall
sign an affidavit, in the presence of the local judge of
elections, in the appropriate local election district. The
affidavit shall be in substantially the following form:
I hereby swear that I am a qualified registered elector who
has requested an absentee ballot. However, I am present in
the municipality of my residence and request that my absentee
ballot be voided.
(Date)
(Signature of Elector)
(Name and Address of Elector)
(Local Judge of Elections)
(2) An elector who requests an absentee ballot and who is
not shown on the district register as having voted the ballot
[may] and is now claiming to not have a ballot with envelope to
void may sign the affidavit specified in subsection (b)(1)
declaring the ballot void and vote by provisional ballot under
section 1210(a.4)(1).
(3) Notwithstanding paragraph (2), an elector who requests
an absentee 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] has the ballot and the envelope containing the
declaration of the elector [to] voided by the judge of elections
to be spoiled and the elector signs both the affidavit under
subsection (b)(1) and a statement subject to the penalties under
18 Pa.C.S. § 4904 (relating to unsworn falsification to
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authorities) 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 and the envelope containing the declaration of
the elector 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)
(c) [Except as provided under 25 Pa.C.S. § 3511 (relating to
receipt of voted ballot), a] A completed absentee 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]
specified under section 1308(g).
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--(a) The county boards of election, upon
receipt of official absentee ballots in sealed official absentee
ballot envelopes as provided under this article and mail-in
ballots as in sealed official mail-in ballot envelopes as
provided under Article XIII-D, shall safely keep the ballots in
sealed or locked containers until they are [to be canvassed by
the county board of elections. An absentee ballot, whether
issued to a civilian, military or other voter during the regular
or emergency application period, shall be canvassed in
accordance with subsection (g). A mail-in ballot shall be
canvassed in accordance with subsection (g).] distributed to the
appropriate local election districts. The county board of
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elections shall distribute the absentee ballots and mail-in
ballots, unopened, in a sealed container to the absentee or
mail-in voter's respective election district concurrently with
the distribution of other election supplies, with the exception
of ballots provided under subsection (g). Except as provided in
subsection (g), no absentee ballot or mail-in ballot shall be
counted if the ballot is received in the office of the county
board of elections later than five o'clock P.M. on the Friday
immediately preceding the election. All absentee ballots and
mail-in ballots shall be returned to the county board of
elections, in a sealed container in accordance with section
302(p), to be canvassed.
* * *
(g) (1) (i) An absentee ballot cast by any absentee
elector as defined in section 1301(a), (b), (c), (d), (e), (f),
(g) and (h) shall be canvassed in accordance with this
subsection if the ballot is cast, submitted and received in
accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
uniform military and overseas voters).
(ii) An absentee ballot [cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
absentee ballot under section 1302(a.3) or a mail-in ballot cast
by a mail-in elector] under section 1302.1(a.3) shall be
canvassed in accordance with this subsection if the absentee
ballot or mail-in ballot is received in the office of the county
board of elections no later than eight o'clock P.M. on the day
of the primary or election.
(iii) An absentee ballot cast by an absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), or a
mail-in ballot cast by a mail-in elector shall be canvassed in
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accordance with this subsection if the absentee ballot or mail-
in ballot is received in the office of the county board of
elections no later than five o'clock P.M. on the Friday
immediately preceding the election.
[(1.1) The county board of elections shall meet no earlier
than seven o'clock A.M. on election day to pre-canvass all
ballots received prior to the meeting. A county board of
elections shall provide at least forty-eight hours' notice of a
pre-canvass meeting by publicly posting a notice of a pre-
canvass meeting on its publicly accessible Internet website. One
authorized representative of each candidate in an election and
one representative from each political party shall be permitted
to remain in the room in which the absentee ballots and mail-in
ballots are pre-canvassed. No person observing, attending or
participating in a pre-canvass meeting may disclose the results
of any portion of any pre-canvass meeting prior to the close of
the polls.]
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election and no later than
the third day following the election to begin canvassing
absentee ballots and mail-in ballots [not included in the pre-
canvass meeting]. The meeting under this paragraph shall
continue until all absentee ballots and mail-in ballots received
[prior to the close of the polls] in accordance with this act
have been canvassed. The county board of elections shall not
record or publish any votes reflected on the ballots prior to
the close of the polls. The canvass process shall continue
through the eighth day following the election for valid
military-overseas ballots timely received under 25 Pa.C.S. §
3511 (relating to receipt of voted ballot). A county board of
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elections shall provide at least forty-eight hours' notice of a
canvass meeting by publicly posting a notice on its publicly
accessible Internet website. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are canvassed.
(3) When the county board meets to pre-canvass or canvass
absentee ballots and mail-in ballots under [paragraphs (1),
(1.1) and (2)] the provisions of this act, the board shall
examine the declaration on the envelope of each ballot not set
aside under subsection (d) and shall compare the information
thereon with that contained in the "Registered Absentee and
Mail-in Voters File," the absentee voters' list, the district
register and/or the "Military Veterans and Emergency Civilians
Absentee Voters File," whichever is applicable. If the county
board has verified the proof of identification as required under
this act and is satisfied that the declaration is sufficient and
the information contained in the "Registered Absentee and Mail-
in Voters File," the absentee voters' list and/or the "Military
Veterans and Emergency Civilians Absentee Voters File" verifies
his right to vote, the county board shall provide a list of the
names of electors whose absentee ballots or mail-in ballots are
to be [pre-canvassed or] canvassed.
(4) All absentee ballots [which have not been challenged
under section 1302.2(c) and all] and mail-in ballots which have
not been voided or challenged under [section 1302.2-D(a)(2)] the
provisions of this act and that have been verified under
paragraph (3) shall be counted and included with the returns of
the applicable election district as follows:
* * *
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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 five o'clock P.M. of the first
Tuesday prior to 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.
* * *
(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]
an elector 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] has the ballot with the envelope
containing the declaration of the elector voided at the
elector's polling place 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
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mail-in ballots shall be retained by the county board of
elections.
* * *
Section 1303-D. Official mail-in elector ballots.
* * *
(e) Notice.--The official mail-in voter ballot shall state
that [a voter] an elector who [receives] requests a mail-in
ballot under section 1301-D and whose voted mail-in ballot is
not [timely] received as required under section 1308(g) 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] after the elector first signs an affidavit stating that
the elector has not cast any other ballot in the election,
directs the requested ballot be voided and signs a statement
subject to the penalties of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities) to the same effect. An
elector may cast a regular ballot at the appropriate polling
place if the elector's mail-in ballot, whether voted or unvoted,
with the envelope containing the declaration of the elector is
voided at the elector's polling place and signs a statement
subject to the penalties of 18 Pa.C.S. § 4904.
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 specified requirements under
section 1308(g), 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
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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.
* * *
(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 unless the elector requests
that the ballot with envelope be voided and an affidavit is
signed. The district register at each polling place shall
clearly identify electors who have [received and voted]
requested mail-in ballots as ineligible to vote at the
polling place[, and district] unless the elector has the
ballot with envelope voided and signs an affidavit. District
election officers shall not permit electors who voted a mail-
in ballot to vote at the polling place[.] without completing
the requirements of this section. The elector shall sign an
affidavit, in the presence of the local judge of elections in
the appropriate local election district. The affidavit shall
be in substantially the following form:
I hereby swear that I am a qualified registered elector who
has requested an absentee ballot. However, I am present in
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the municipality of my residence and request that my absentee
ballot be voided.
(Date)
(Signature of Elector)
(Name and Address of Elector)
(Local Judge of Elections)
(2) An elector who requests a mail-in ballot and who is
not shown on the district register as having voted [may] but
does not have a ballot with envelope to void may sign the
affidavit under paragraph (1) declaring the ballot void and
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] has the ballot and the
envelope containing the declaration of the elector [to]
voided by the judge of elections [to be spoiled] and the
elector signs both the affidavit under subsection (b)(1) and
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)
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(Local Judge of Elections)
* * *
Section 2. This act shall take effect in 60 days.
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