HB 1298 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in voting by qualified absentee electors, further providing for date of application for absentee ballot; and, in voting by qualified mail-in electors, further providing for date of application for mail-in ballot.

PRINTER'S NO.   1494

                        THE GENERAL ASSEMBLY OF PENNSYLVANIA



                            HOUSE BILL
                            No. 1298
                                                  Session of
                                                    2025

     INTRODUCED BY PUGH, PICKETT, JAMES, KUZMA, KAUFFMAN, WARNER,
        GROVE, ROWE, COOPER, RIVERA, FLICK, RYNCAVAGE, RADER, WATRO,
        M. MACKENZIE AND ROAE, APRIL 28, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 2025


                                       AN ACT
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in voting by qualified absentee electors, further
12      providing for date of application for absentee ballot; and,
13      in voting by qualified mail-in electors, further providing
14      for date of application for mail-in ballot.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17         Section 1.    Sections 1302.1(a) and (a.3)(1) and (2) and
18   1302.1-D(a) of the act of June 3, 1937 (P.L.1333, No.320), known
19   as the Pennsylvania Election Code, are amended to read:
20         Section 1302.1.    Date of Application for Absentee Ballot.--
21   (a)    Except as provided in subsection (a.3), applications for
22   absentee ballots shall be received in the office of the county
23   board of elections not earlier than fifty (50) days before the
 1   primary or election, except that if a county board of elections
 2   determines that it would be appropriate to its operational
 3   needs, any applications for absentee ballots received more than
 4   fifty (50) days before the primary or election may be processed
 5   before that time. Applications for absentee ballots shall be
 6   processed if received not later than five o'clock P.M. of the
 7   [first Tuesday] fifteenth day prior to the day of any primary or
 8   election.
 9      (a.3)     (1)   The following categories of electors may apply
10   for an absentee ballot under this subsection, if otherwise
11   qualified:
12      (i)    An elector whose physical disability or illness
13   prevented the elector from applying for an absentee ballot
14   before five o'clock P.M. on the [first Tuesday] fifteenth day
15   prior to the day of the primary or election.
16      (ii)     An elector who, because of the elector's business,
17   duties or occupation, was unable to apply for an absentee ballot
18   before five o'clock P.M. on the [first Tuesday] fifteenth day
19   prior to the day of the primary or election.
20      (iii)     An elector who becomes so physically disabled or ill
21   after five o'clock P.M. on the [first Tuesday] fifteenth day
22   prior to the day of the primary or election that the elector is
23   unable to appear at the polling place on the day of the primary
24   or election.
25      (iv)     An elector who, because of the conduct of the elector's
26   business, duties or occupation, will necessarily be absent from
27   the elector's municipality of residence on the day of the
28   primary or election, which fact was not and could not reasonably
29   be known to the elector on or before five o'clock P.M. on the
30   [first Tuesday] fifteenth day prior to the day of the primary or

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 1   election.
 2      (2)   An elector described in paragraph (1) may submit an
 3   application for an absentee ballot at any time up until the time
 4   of the closing of the polls on the day of the primary or
 5   election. The application shall include a declaration describing
 6   the circumstances that prevented the elector from applying for
 7   an absentee ballot before five o'clock P.M. on the [first
 8   Tuesday] fifteenth day prior to the day of the primary or
 9   election or that prevent the elector from appearing at the
10   polling place on the day of the primary or election, and the
11   elector's qualifications under paragraph (1). The declaration
12   shall be made subject to the provisions of 18 Pa.C.S. § 4904
13   (relating to unsworn falsification to authorities).
14      * * *
15   Section 1302.1-D.   Date of application for mail-in ballot.
16      (a)   General rule.--Applications for mail-in ballots shall be
17   received in the office of the county board of elections not
18   earlier than 50 days before the primary or election, except that
19   if a county board of elections determines that it would be
20   appropriate to the county board of elections' operational needs,
21   any applications for mail-in ballots received more than 50 days
22   before the primary or election may be processed before that
23   time. Applications for mail-in ballots shall be processed if
24   received not later than five o'clock P.M. of the [first Tuesday]
25   fifteenth day prior to the day of any primary or election.
26      * * *
27      Section 2.   This act shall take effect in 60 days.




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