Pennsylvania Statutes § 3146.2a Date of application for absentee ballot
Statute Text
(a)
Except as provided in
[subsections (A.1) and (A.2)]
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 primary or election
[and]
, 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 prior to the day of any primary or election.
(a.1)
[Deleted by 2019 Amendment.]
(a.2)
[Deleted by 2019 Amendment.]
[(A.1) Except as provided in subsection (A.2), in the event any elector otherwise qualified who is so physically disabled or ill on or before the first tuesday prior to any primary or election that he is unable to file his application or who becomes physically disabled or ill after the first tuesday prior to any primary or election and is unable to appear at his polling place or any elector otherwise qualified who because of the conduct of his business, duties or occupation will necessarily be absent from the municipality of his residence on the day of the primary or election, which fact was not and could not reasonably be known to said elector on or before the first tuesday prior to any primary or election, the elector shall be entitled to an absentee ballot at any time prior to five o'clock p.m. on the first friday preceding any primary or election upon execution of an emergency application in such form prescribed by the secretary of the commonwealth.
(A.2) In the event any elector otherwise qualified who becomes so physically disabled or ill between five o'clock p.m. on the first friday preceding any primary or election and eight o'clock p.m. on the day of any primary or election that he is unable to appear at his polling place or any elector otherwise qualified who because of the conduct of his business, duties or occupation will necessarily be absent from the municipality of his residence on the day of the primary or election, which fact was not and could not reasonably be known to said elector prior to five o'clock p.m. on the first friday preceding any primary or election, the elector shall be entitled to an absentee ballot if the elector completes and files with the court of common pleas in the county in which the elector is qualified to vote an emergency application or a letter or other signed document, which includes the same information as is provided on the emergency application. Upon a determination that the elector is a qualified absentee elector under Section
1301
, the judge shall issue an absentee ballot to the elector.]
(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 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 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 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 prior to the day of the primary or 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 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).
(3)
If the county board of elections determines that the elector meets the requirements of this section, the board shall issue an absentee ballot to the elector.
(4)
If the elector is unable to appear
[in court]
at the office of the county board of elections
to receive the ballot, the
[judge]
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,
[who]
which
shall
[distribute]
retain
the ballot, unopened,
[to the absentee voter's election district]
until the canvassing of all absentee ballots
.
(5)
Multiple people qualified under this subsection may designate the same person, and a single person may serve as the authorized representative for multiple qualified electors.
(6)
If the elector is unable to appear
[in court]
at the office of the county board of elections
or unable to obtain assistance from an authorized representative,
the county board may provide an authorized representative or ask
the judge
[shall]
of the court of common pleas in the county in which the elector is qualified to vote to
direct a deputy sheriff of the county to deliver the absentee ballot to the elector if the elector is at a physical location within the county and return the completed absentee ballot, sealed in the official absentee ballot envelopes, to the county board of elections
[, who shall distribute the ballots, unopened, to the absentee voter's respective election district]
. If there is no authorized representative and a deputy sheriff is unavailable to deliver an absentee ballot under this section, the judge may direct a constable to make such delivery in accordance with the provisions of this section.
(7)
In the case of an elector who requires assistance in marking the elector's ballot, the elector shall designate in writing the person who will assist in marking the ballot. Such person shall be otherwise eligible to provide assistance to electors eligible for assistance, and such person shall declare in writing that assistance was rendered. Any person other than the designee who shall render assistance in marking a ballot or any person rendering assistance who shall fail to execute a declaration shall be guilty of a violation of this act.
(8)
No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than
[eight o'clock p.m. on the day of the primary or election]
the deadline for its receipt as provided in Section 1308(g)
.
(b)
In the case of an elector whose application for an absentee ballot is received by the office of the county board of elections earlier than fifty (50) days before the primary or election, the application shall be held and processed upon commencement of the fifty-day period
or at such earlier time as the county board of elections determines may be appropriate
.
(c)
[Deleted by 2019 Amendment.]
(d)
[Deleted by 2019 Amendment.]
[(C) In the case of an elector who is physically disabled or ill on or before the first tuesday prior to a primary or election or becomes physically disabled or ill after the first tuesday prior to a primary or election, such emergency application, letter or other signed document shall contain a supporting affidavit from his attending physician stating that due to physical disability or illness said elector was unable to apply for an absentee ballot on or before the first tuesday prior to the primary or election or became physically disabled or ill after that period.
(D) In the case of an elector who is necessarily absent because of the conduct of his business, duties or occupation under the unforeseen circumstances specified in subsections (A.1) and (A.2), such emergency application, letter or other signed document shall contain a supporting affidavit from such elector stating that because of the conduct of his business, duties or occupation said elector will necessarily be absent from the municipality of his residence on the day of the primary or election which fact was not and could not reasonably be known to said elector on or before the first tuesday prior to the primary or election.]
History
Amended by
P.L.
1937, June 3, P.L. 1333, art. XIII, § 1302.1, added 1963, Aug. 13, P.L. 707, § 21, effective 1/1/1964 . Amended 1968, Dec. 11, P.L. 1183, No. 375, § 7; 1998, Feb. 13, P.L. 72, No. 18, § 16, imd. effective; 2006 , May 11, P.L. 178, No. 45 , § 11, effective 7/1/2006 ; 2006, Nov. 9, P.L. 1330, No. 137, § 1, imd. effective.
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