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

PRINTER'S NO. 1654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1422
Session of
2025
INTRODUCED BY PUGH, PICKETT, JAMES, KAUFFMAN, WARNER, BERNSTINE,
GROVE, ROWE, FLICK, RYNCAVAGE, RADER AND WATRO, MAY 7, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 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 voting by qualified mail-in electors, further
providing for voting by mail-in electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1306-D(a) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended and the section is amended by adding a subsection to
read:
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
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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.]
* * *
(a.2) Return of completed mail-in ballots.--The elector
shall, prior to eight o'clock P.M. on election day, return the
elector's completed mail-in ballot by one of the following
methods only:
(1) Delivery through the United States Postal Service to
the offices of the elector's county board of elections.
(2) Delivery in person to the permanent offices of the
elector's county board of elections during its regular hours
of operation.
(3) Delivery to a ballot return location established
under the following conditions:
(i) A ballot return location may only be operated on
the premises of the permanent offices of the board of
elections or at the county courthouse.
(ii) A ballot return location must be monitored by
at least one inspector of elections from each of the two
parties with the highest number of registered electors in
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this Commonwealth. If the two inspectors of elections are
unavailable to appear at a ballot return location on any
particular day, a county may not operate the ballot
return location. Each inspector of elections shall
receive the same compensation provided for an election
under this act for each day on which the inspector
monitors a ballot return location.
(iii) The inspectors of election monitoring a ballot
return location shall verify the identification of each
individual returning a ballot consistent with the
provisions of this act. The inspectors of election shall
also ensure review of each ballot prior to the ballot's
return to ensure completeness of the declaration of the
elector, signature and date. If, upon inspection and
review of a ballot being returned, either inspector of
election believes the ballot or its method of return to
be in violation of any provision of this act, the ballot
shall be secured separately from all other ballots at the
ballot return location, and the inspectors of election
shall record the date, time, identity of the elector and
a record of each ballot being returned in potential
violation of this act. The county board of elections
shall determine whether the ballots are in violation of
any provision of this act and, only if the county board
of elections is satisfied that a ballot is not in
violation, shall direct the ballot to be pre-canvassed or
canvassed.
(iv) A ballot return location must be monitored by
video recording during hours of operation. The recording
shall be made available for public inspection and
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retained for a period of two years.
(v) A ballot return location must be considered a
polling place for all requirements of this act, including
accessibility, access of observers and restriction of
political activity.
* * *
Section 2. This act shall take effect in 60 days.
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