An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in voting by qualified absentee electors, further providing for date of application for absentee ballot; and, in voting by qualified mail-in electors, further providing for date of application for mail-in ballot.

PRINTER'S NO. 1494
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1298
Session of
2025
INTRODUCED BY PUGH, PICKETT, JAMES, KUZMA, KAUFFMAN, WARNER,
GROVE, ROWE, COOPER, RIVERA, FLICK, RYNCAVAGE, RADER, WATRO,
M. MACKENZIE AND ROAE, APRIL 28, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 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 voting by qualified absentee electors, further
providing for date of application for absentee ballot; and,
in voting by qualified mail-in electors, further providing
for date of application for mail-in ballot.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1302.1(a) and (a.3)(1) and (2) and
1302.1-D(a) of the act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, are amended to read:
Section 1302.1. Date of Application for Absentee Ballot.--
(a) Except as provided in subsection (a.3), applications for
absentee ballots shall be received in the office of the county
board of elections not earlier than fifty (50) days before the
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primary or election, except that if a county board of elections
determines that it would be appropriate to its operational
needs, any applications for absentee ballots received more than
fifty (50) days before the primary or election may be processed
before that time. Applications for absentee ballots shall be
processed if received not later than five o'clock P.M. of the
[first Tuesday] fifteenth day prior to the day of any primary or
election.
(a.3) (1) The following categories of electors may apply
for an absentee ballot under this subsection, if otherwise
qualified:
(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] fifteenth day
prior to 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
before five o'clock P.M. on the [first Tuesday] fifteenth day
prior to 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] fifteenth day
prior to the day of the primary or election that the elector is
unable to appear at the polling place on the day of the primary
or election.
(iv) An elector who, because of the conduct of the elector's
business, duties or occupation, will necessarily be absent from
the elector's municipality of residence on the day of the
primary or election, which fact was not and could not reasonably
be known to the elector on or before five o'clock P.M. on the
[first Tuesday] fifteenth day prior to the day of the primary or
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election.
(2) An elector described in paragraph (1) may submit an
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] fifteenth day prior to the day of the primary or
election or 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).
* * *
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]
fifteenth day prior to the day of any primary or election.
* * *
Section 2. This act shall take effect in 60 days.
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