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§ 3150.12. Applications for official mail-in ballots

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: March 27, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article XIII-D. Voting by Qualified Mail-in Electors (Refs & Annos)
Effective: March 27, 2020
25 P.S. § 3150.12
§ 3150.12. Applications for official mail-in ballots
<Section 17 of Act 2020, March 27, P.L. 41, No. 12, imd. effective, provides that the amendment of 25 P.S. § 3150.12(f) by that Act shall apply to elections occurring on or after November 2, 2020.>
(a) General rule.--A qualified elector under section 1301-D1 may apply at any time before 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.
(b) Content.--The following shall apply:
(1) The qualified elector's application shall contain the following information:
(i) Date of birth.
(ii) Length of time a resident of voting district.
(iii) Voting district, if known.
(iv) Party choice in case of primary.
(v) Name.
(2) A qualified elector shall, in addition, specify the address to which the ballot is to be sent, the relationship where necessary and other information as may be determined by the Secretary of the Commonwealth.
(3) When an application is received by the Secretary of the Commonwealth it shall be forwarded to the proper county board of election.
(c) Signature required.--Except as provided in subsection (d), the application of a qualified elector under section 1301-D for an official mail-in ballot in any primary or election shall be signed by the applicant.
(d) Signature not required.--If any elector entitled to a mail-in ballot under this section is unable to sign the application because of illness or physical disability, the elector shall be excused from signing upon making a statement which shall be witnessed by one adult person in substantially the following form:
I hereby state that I am unable to sign my application for a mail-in ballot without assistance because I am unable to write by reason of my illness or physical disability. I have made or have received assistance in making my mark in lieu of my signature.
(Mark)
(Date)
(Complete Address of Witness)
(Signature of Witness)
(e) Numbering.--The county board of elections shall number, in chronological order, the applications for an official mail-in ballot, which number shall likewise appear on the official mail-in ballot for the qualified elector. The numbers shall appear legibly and in a conspicuous place but, before the ballots are distributed, the number on the ballot shall be torn off by the county board of election. The number information shall be appropriately inserted and become a part of the Registered Absentee and Mail-in Voters File provided under section 1302.3.2
(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 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 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 mail-in ballots shall be retained by the county board of elections.
(g) Permanent mail-in voting list.--
(1) Any qualified registered elector may request to be placed on a permanent mail-in ballot list file at any time during the calendar year. A mail-in ballot application shall be mailed to every person otherwise eligible to receive a mail-in ballot application by the first Monday in February each year or within 48 hours of receipt of the request, whichever is later, so long as the person does not lose the person's voting rights by failure to vote as otherwise required by this act. A mail-in ballot application mailed to an elector under this section, which is completed and timely returned by the elector, shall serve as an application for any and all primary, general or special elections to be held in the remainder of that calendar year and for all special elections to be held before the third Monday in February of the succeeding year.
(2) The Secretary of the Commonwealth may develop an electronic system through which all qualified electors may apply for a mail-in ballot and request permanent mail-in voter status under this section, provided the system is able to capture a digitized or electronic signature of the applicant. A county board of elections shall treat an application or request received through the electronic system as if the application or request had been submitted on a paper form or any other format used by the county.
(3) The transfer of a qualified registered elector on a permanent mail-in voting list from one county to another county shall only be permitted upon the request of the qualified registered elector.

Credits

1937, June 3, P.L. 1333, No. 320, art. XIII-D, § 1302-D, added 2019, Oct. 31, P.L. 552, No. 77, § 8, imd. effective. Amended 2020, March 27, P.L. 41, No. 12, § 12.1, imd. effective.

Footnotes

25 P.S. § 3150.11.
25 P.S. § 3146.2c.
25 P.S. § 3150.12, PA ST 25 P.S. § 3150.12
Current through 2021 Regular Session Act 4. Some statute sections may be more current, see credits for details.
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