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§ 3146.2b. Approval of application for absentee ballot

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: March 14, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article XIII. Voting by Qualified Absentee Electors (Refs & Annos)
Effective: March 14, 2012
25 P.S. § 3146.2b
§ 3146.2b. Approval of application for absentee ballot
(a) The county board of elections, upon receipt of any application filed by a qualified elector not required to be registered under preceding section 1301,1 shall ascertain from the information on such application, district register or from any other source that such applicant possesses all the qualifications of a qualified elector other than being registered or enrolled. If the board is satisfied that the applicant is qualified to receive an official absentee ballot, the application shall be marked approved, such approval decision shall be final and binding except that challenges may be made only on the ground that the applicant did not possess qualifications of an absentee elector. Such challenges must be made to the county board of elections prior to 5:00 o'clock P.M. on the first Friday prior to the election. When so approved, the county board of elections shall cause the applicant's name and residence (and at a primary, the party enrollment) to be inserted in the Military, Veterans and Emergency Civilians Absentee Voters File as provided in section 1302.3, subsection (b):2 Providing, however, That no application of any qualified elector in military service shall be rejected for failure to include on his application any information if such information may be ascertained within a reasonable time by the county board of elections.
(b) The county board of elections, upon receipt of any application filed by a qualified elector who is entitled, under the provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting as provided under preceding section 1301, shall ascertain from the information on such application or from any other source that such applicant possesses all the qualifications of a qualified elector. If the board is satisfied that the applicant is entitled, under the provisions of the Permanent Registration Law as now or hereinafter enacted by the General Assembly, to absentee registration prior to or concurrently with the time of voting and that the applicant is qualified to receive an official absentee ballot, the application shall be marked “approved.” Such approval decision shall be final and binding except that challenges may be made only on the ground that the applicant did not possess the qualifications of an absentee elector prior to or concurrently with the time of voting. Such challenges must be made to the county board of elections prior to 5:00 o'clock P.M. on the first Friday prior to the election. When so approved, the county board of elections shall cause the applicant's name and residence (and at3 a primary, the party enrollment) to be inserted in the Military, Veterans and Emergency Civilian Absentee Voters File as provided in section 1302.3 subsection (b).
(c) The county board of elections, upon receipt of any application of a qualified elector required to be registered under the provisions of preceding section 1301, shall determine the qualifications of such applicant by verifying the proof of identification and comparing the information set forth on such application with the information contained on the applicant's permanent registration card. If the board is satisfied that the applicant is qualified to receive an official absentee ballot, the application shall be marked “approved.” Such approval decision shall be final and binding, except that challenges may be made only on the ground that the applicant did not possess the qualifications of an absentee elector. Such challenges must be made to the county board of elections prior to 5:00 o'clock P.M. on the first Friday prior to the election. When so approved, the registration commission shall cause an absentee voter's temporary registration card to be inserted in the district register on top of and along with the permanent registration card. The absentee voter's temporary registration card shall be in the color and form prescribed in subsection (e) of this section:
Provided, however, That the duties of the county boards of elections and the registration commissions with respect to the insertion of the absentee voter's temporary registration card of any elector from the district register as set forth in section 1302.24 shall include only such applications and emergency applications as are received on or before the first Tuesday prior to the primary or election. In all cases where applications are received after the first Tuesday prior to the primary or election and before five o'clock P. M. on the first Friday prior to the primary or election, the county board of elections shall determine the qualifications of such applicant by verifying the proof of identification and comparing the information set forth on such application with the information contained on the applicant's duplicate registration card on file in the General Register (also referred to as the Master File) in the office of the Registration Commission and shall cause the name and residence (and at primaries, the party enrollment) to be inserted in the Military, Veterans and Emergency Civilian Absentee Voters File as provided in section 1302.3, subsection (b). In addition, the local district boards of elections shall, upon canvassing the official absentee ballots under section 1308,5 examine the voting check list of the election district of said elector's residence and satisfy itself that such elector did not cast any ballot other than the one properly issued to him under his absentee ballot application. In all cases where the examination of the local district board of elections discloses that an elector did vote a ballot other than the one properly issued to him under the absentee ballot application, the local district board of elections shall thereupon cancel said absentee ballot and said elector shall be subject to the penalties as hereinafter set forth.
(d) In the event that any application for an official absentee ballot is not approved by the county board of elections, the elector shall be notified immediately to that effect with a statement by the county board of the reasons for the disapproval. For those applicants whose proof of identification was not provided with the application or could not be verified by the board, the board shall send notice to the elector with the absentee ballot requiring the elector to provide proof of identification with the absentee ballot or the ballot will not be counted.
(e) The absentee voter's temporary registration card shall be in duplicate and the same size as the permanent registration card, in a different and contrasting color to the permanent registration card and shall contain the absentee voter's name and address and shall conspicuously contain the words “Absentee Voter.” Such card shall also contain the affidavit required by subsection (b) of section 1306.6
(f) Notwithstanding the provisions of this section, a qualified absentee elector shall not be required to provide proof of identification if the elector is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924)7 or by an alternative ballot under the Voting Accessibility for the Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678).8

Credits

1937, June 3, P.L. 1333, art. XIII, § 1302.2, added 1963, Aug. 13, P.L. 707, § 21, effective Jan. 1, 1964. Amended 1968, Dec. 11, P.L. 1183, No. 375, § 7; 2012, March 14, P.L. 195, No. 18, § 5, imd. effective.
HISTORICAL AND STATUTORY NOTES
Act 2012-18 legislation
Act 2012-18, § 5, in subsec. (c), twice inserted “verifying the proof of identification and”; in subsec. (d), added the second sentence; and added subsec. (f).
Section 11 of 2012, March 14, P.L. 195, No. 18, effective, provides that “[t]he amendment of sections 102, 1210, 1302, 1302.2, 1305, 1308 and 1309 of the act [25 P.S. §§ 2602, 3050, 3146.2, 3146.2b, 3146.5, 3146.8, 3146.9] shall apply to elections held after September 17, 2012.”

Footnotes

25 P.S. § 3146.1.
25 P.S. § 3146.2c(b).
“at” omitted in original.
This section.
25 P.S. § 3146.8.
25 P.S. § 3146.6(b).
52 U.S.C.A. § 20301 et seq.
52 U.S.C.A. § 20101 et seq.
25 P.S. § 3146.2b, PA ST 25 P.S. § 3146.2b
Current through 2018 Regular Session Act 16
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