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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 25 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1715. Distribution of unofficial mail-in form.
(a) Offense defined.--A person may not distribute an
unofficial mail-in form to a qualified elector.
(b) Exceptions.--Subsection (a) does not apply to a document
that:
(1) is designed for the purpose of providing information
on how to obtain an application for an absentee ballot, mail-
in ballot or application for an absentee ballot or mail-in
ballot;
(2) does not include a return mailing address;
(3) clearly and conspicuously states at the top of the
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document that the document is an unofficial document;
(4) identifies the person distributing the document; and
(5) does not use stationery mimicking that of an elected
official, the department or county election board, or an
authorized agent of the department or county election board.
(c) Penalty.--A person who violates subsection (a) commits a
misdemeanor of the third degree and shall, upon conviction, be
subject to pay a fine of not less than $500 nor more than
$2,500.
(d) Definition.--As used in this section, the term
"unofficial mail-in form" means any of the following:
(1) An application for an absentee ballot or mail-in
ballot for use by an elector in a general election, primary
election or special election in this Commonwealth that has
not been issued under law by the department or a county
election board, or an authorized agent of the department or
county election board.
(2) An absentee ballot or mail-in ballot for use by an
elector in a general election, primary election or special
election in this Commonwealth that has not been issued under
law by the department or a county election board, or an
authorized agent of the department or county election board.
(3) An application for an absentee ballot or mail-in
ballot, or an absentee ballot or mail-in ballot, printed on
stationery mimicking that of an elected official, the
department or a county election board, or an authorized agent
of the department or county election board.
(4) An application for an absentee ballot or mail-in
ballot, or an absentee ballot or mail-in ballot, mailed in an
envelope mimicking that of an elected official, the
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department or a county election board, or an authorized agent
of the department or county election board.
Section 2. This act shall take effect in 60 days.
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