§ 3502. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 Pa.C.S.A. ElectionsEffective: December 24, 2012
Effective: December 24, 2012
25 Pa.C.S.A. § 3502
§ 3502. Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Active uniformed-service voter.” A uniformed-service voter who meets all of the following paragraphs:
“County election board.” Officials having jurisdiction over the conduct of elections in a county under the act of June 3, 1937 (P.L. 1333, No. 320),1 known as the Pennsylvania Election Code.
“Covered voter.” All of the following:
“Dependent.” An individual recognized as a dependent by a uniformed service.
“Election.” A general election, municipal election, special election or primary election.
“Election Code.” The act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania Election Code, and the provisions of this title other than this chapter.
“Election district.” A district, division or precinct established under the act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania Election Code, in which all qualified electors are eligible to vote in the same polling place.
“Federal postcard application.” The application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff(b)(2)).2 The term includes the application's electronic equivalent.
“Federal write-in absentee ballot.” The ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 42 U.S.C. § 1973ff-2).3
“FWAB declaration.” The declaration which accompanies the Federal write-in absentee ballot.
“General election.” The election which the Constitution of Pennsylvania requires to be held in even-numbered years.
“Military-overseas ballot.” All of the following:
“Municipal election.” The election which the Constitution of Pennsylvania requires to be held in odd-numbered years.
“Overseas voter.” A qualified elector who is outside the United States.
“Primary election.” An election held for the purpose of nominating candidates for public offices to be voted for at a general election or a municipal election.
“Qualified elector.” An individual who:
“Secretary.” The Secretary of the Commonwealth.
“Special election.” An election authorized by law, other than a general election, a municipal election or a primary election.
“State.” A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
“State declaration.” The declaration prescribed by the secretary under section 3503(c)(4) (relating to duties and responsibilities of secretary).
“Uniformed service.” All of the following:
“Uniformed-service voter.” A qualified elector who is one of the following:
“United States.” When used in the territorial sense, the several states, the District of Columbia, Puerto Rico, the Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.
2012, Oct. 24, P.L. 1490, No. 189, § 1, effective in 60 days [Dec. 24, 2012].
UNIFORM LAW COMMENT
The act's definition of the term “covered voter” builds upon the definitions of “absent uniformed service voter” and “overseas voter” in the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), 42 U.S.C. § 1973ff-6(1) [transferred, see now, 52 U.S.C.A. § 20310], but simplifies these definitions and expands them to cover members of the National Guard. However, unlike in the UOCAVA, the act's coverage of uniformed service voters is based on a voter's status as an active member of one of the defined services, whether or not the voter is absent from the place of voting. The definition of “uniformed service voter” does not specify that the place where the voter is qualified to vote be in the enacting state because that would create a problem for a spouse (or dependent) who is eligible to vote in this state but whose uniformed service member is eligible in another state. A uniformed service voter still must meet an enacting state's eligibility requirements (including residency in that state) in order to vote in that state.
The definition of “covered voter,” in paragraph (1)(E), also extends the act's coverage to U.S. citizens born abroad who have not established a voting residency in the United States. Although UOCAVA makes no provision for these citizens, eighteen states already permit these citizens to participate in at least some elections, if their parents are eligible to vote in that state (or in some cases if they are a spouse or dependent of a person eligible to vote in that state). These states include: Arizona, Colorado (federal offices only), Delaware (federal offices only), Georgia, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Nebraska, New York (federal offices only), North Dakota (federal offices only), Oklahoma, Rhode Island (federal offices only), Tennessee, Washington, West Virginia, and Wisconsin (federal offices only).
HISTORICAL AND STATUTORY NOTES
The definition makes no distinction between overseas voters merely traveling abroad, voters temporarily living overseas, and voters permanently residing overseas. Other provisions of an enacting state's existing law may do so, however, and may limit the elections in which voters permanently overseas can vote. Without such distinctions elsewhere in existing state law, this act would enable all overseas voters to vote in all elections covered in Section 3. Because the act does not require that overseas voters “reside” abroad, it facilitates voting by a wide variety of U.S. citizens, including missionaries, students abroad, and even tourists who because of health or other unanticipated problems or events may have extended their time out of the United States beyond their original plans, but for whom a state's regular absentee balloting process may be difficult to use.
This section is similar to § 2 of the Uniform Military and Overseas Voters Act. See Uniform Laws Annotated, Master Edition, or Uniform Laws Annotated on Westlaw.
25 P.S. § 2600 et seq.
Transferred; see now, 52 U.S.C.A. § 20301.
Transferred; 52 U.S.C.A. § 20303.
25 Pa.C.S.A. § 3502, PA ST 25 Pa.C.S.A. § 3502
Current through 2019 Regular Session Act 1
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