HB 499 — 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 applications for official absentee ballots, for date of application for absentee ballot, for envelopes for official absentee ballots and for voting by absentee electors and providing for secure ballot return receptacles; and, in voting by qualified mail-in electors, further providing for applications for official mail-in ballots, for date of application for mail-in ballot, for approval of application for mail-in ballot, for envelopes for official mail-in ballots and for voting by mail-in electors.

PRINTER'S NO.    488

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 499
                                               Session of
                                                 2025

     INTRODUCED BY WEBSTER, GIRAL, PIELLI, VENKAT, PROBST, SANCHEZ,
        KHAN, SCHLOSSBERG, BOROWSKI, STEELE AND CERRATO,
        FEBRUARY 5, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 5, 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 applications for official absentee ballots, for
13      date of application for absentee ballot, for envelopes for
14      official absentee ballots and for voting by absentee electors
15      and providing for secure ballot return receptacles; and, in
16      voting by qualified mail-in electors, further providing for
17      applications for official mail-in ballots, for date of
18      application for mail-in ballot, for approval of application
19      for mail-in ballot, for envelopes for official mail-in
20      ballots and for voting by mail-in electors.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Sections 1302(e.1) and (k), 1302.1(a), 1304 and
24   1306(a) introductory paragraph of the act of June 3, 1937
25   (P.L.1333, No.320), known as the Pennsylvania Election Code, are
26   amended to read:
 1         Section 1302.   Applications for Official Absentee Ballots.--*
 2   * *
 3         (e.1)   Any qualified registered elector who is unable because
 4   of illness or physical disability to attend his or her polling
 5   place on the day of any primary or election or operate a voting
 6   machine and state distinctly and audibly that he or she is
 7   unable to do so as required by section 1218 of this act may at
 8   any time request, with the certification by his or her attending
 9   physician that he or she is permanently disabled and physically
10   unable to attend the polls or operate a voting machine and make
11   the distinct and audible statement required by section 1218
12   appended to the application hereinbefore required, to be placed
13   on [a permanently] an annual disabled absentee ballot list file.
14   An absentee ballot application shall be mailed to every [such]
15   person otherwise eligible to receive one, by the first Monday in
16   February each year, or within forty-eight hours of receipt of
17   the request, whichever is later, so long as he or she does not
18   lose his or her voting rights by failure to vote as otherwise
19   required by this act. [Such] The person shall not be required to
20   file a physician's certificate of disability with each
21   application as required in subsection (e) of this section.
22   Should [any such] a person lose his or her disability he or she
23   shall inform the county board of elections of the county of his
24   or her residence. An absentee ballot application mailed to an
25   elector under this section, which is completed and timely
26   returned by the elector, shall serve as an application for any
27   and all primary, general or special elections to be held in the
28   remainder of that calendar year and for all special elections to
29   be held before the third Monday in February of the succeeding
30   year. The transfer of a qualified registered elector on [a

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 1   permanently] an annual disabled absentee ballot list from one
 2   county to another county shall only be permitted upon the
 3   request of the qualified registered elector.
 4         * * *
 5         (k)   The Secretary of the Commonwealth may develop an
 6   electronic system through which all qualified electors may apply
 7   for an absentee ballot and request [permanent] annual absentee
 8   voter status under subsection (e.1), provided the system is able
 9   to capture a digitized or electronic signature of the applicant.
10   A county board of elections shall treat any application or
11   request received through the electronic system as if the
12   application or request had been submitted on a paper form or any
13   other format used by the county.
14         Section 1302.1.   Date of Application for Absentee Ballot.--
15   (a)    Except as provided in subsection (a.3), applications for
16   absentee ballots shall be received in the office of the county
17   board of elections not earlier than fifty (50) days before the
18   primary or election, except that if a county board of elections
19   determines that it would be appropriate to its operational
20   needs, any applications for absentee ballots received more than
21   fifty (50) days before the primary or election may be processed
22   before that time. Applications for absentee ballots that are
23   made in person at a county board of elections office shall be
24   processed if received not later than five o'clock P.M. of the
25   first Tuesday prior to the day of any primary or election. All
26   other applications for absentee ballots shall be processed if
27   received not later than the twelfth (12th) day prior to the day
28   of any primary or election.
29         * * *
30         Section 1304.   Envelopes for Official Absentee Ballots.--

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 1      The county boards of election shall provide two additional
 2   envelopes for each official absentee ballot of [such] a size and
 3   shape as shall be prescribed by the Secretary of the
 4   Commonwealth, in order to permit the placing of one within the
 5   other and both within the mailing envelope. On the smaller of
 6   the two envelopes to be enclosed in the mailing envelope shall
 7   be printed, stamped or endorsed the words "Official Election
 8   Ballot," and nothing else. On the larger of the two envelopes,
 9   to be enclosed within the mailing envelope, shall be printed the
10   form of the declaration of the elector, and the name and address
11   of the county board of election of the proper county. The larger
12   envelope shall also contain information indicating the local
13   election district of the absentee voter. [Said] The form of
14   declaration and envelope shall be as prescribed by the Secretary
15   of the Commonwealth and shall contain among other things a
16   statement of the electors qualifications, together with a
17   statement that [such] the elector has not already voted in
18   [such] the primary or election. The mailing envelope addressed
19   to the elector shall contain the two envelopes, the official
20   absentee ballot, lists of candidates, when authorized by section
21   1303 subsection (b) of this act, the uniform instructions in
22   form and substance as prescribed by the Secretary of the
23   Commonwealth and nothing else. Use of the inner envelope shall
24   be in the discretion of the voter. Failure to use the inner
25   envelope may not be a valid reason for disqualification of the
26   ballot.
27      Section 1306.   Voting by Absentee Electors.--(a)   Except as
28   provided in paragraphs (2) and (3), at any time after receiving
29   an official absentee ballot, but on or before eight o'clock P.M.
30   the day of the primary or election, the elector shall, in

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 1   secret, proceed to mark the ballot only in black lead pencil,
 2   indelible pencil or blue, black or blue-black ink, in fountain
 3   pen or ball point pen, and then fold the ballot, enclose and
 4   securely seal the same in the envelope on which is printed,
 5   stamped or endorsed "Official Election Ballot." This envelope
 6   shall then be placed in the second one, on which is printed the
 7   form of declaration of the elector, and the address of the
 8   elector's county board of election and the local election
 9   district of the elector. The elector shall then fill out, date
10   and sign the declaration printed on [such envelope. Such] the
11   envelope. The date written on the envelope shall be the date the
12   elector has signed the declaration. Failure to sign the envelope
13   or signing the envelope with a date that is not within the time
14   period between the date the ballot was received by the voter and
15   when the ballot was received by the county board of election
16   shall not disqualify the ballot if the declaration is otherwise
17   properly executed. The envelope shall then be securely sealed
18   and the elector shall send same by mail, postage prepaid, except
19   where franked, or deliver it in person to said county board of
20   election.
21      * * *
22      Section 2.   The act is amended by adding a section to read:
23      Section 1308.1.   Secure Ballot Return Receptacles.--(a)    A
24   county board of elections may establish secure ballot return
25   receptacles in which voters may return an absentee or mail-in
26   ballot subject to the terms and conditions of this section.
27      (b)   If a county board of elections establishes a secure
28   ballot return receptacle, the board shall provide notice to the
29   electors within the county at least thirty days prior to the
30   election by:

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 1      (1)   A poster in the county elections office.
 2      (2)   The county's publicly accessible Internet website in a
 3   highly visible location.
 4      (3)   Posters in locations in the county where voters may
 5   congregate, such as the county courthouse, other county offices,
 6   student centers at local universities and colleges, senior
 7   citizen centers, retirement and nursing home community rooms and
 8   other similar locations.
 9      (4)   Information included in absentee or mail-in voting
10   materials sent to a voter.
11      (c)   Notices issued under subsection (b) shall include:
12      (1)   The ballot return deadline.
13      (2)   A list of county election offices and secure ballot
14   return receptacles, including building names and street
15   addresses.
16      (3)   The days and hours of operation of secure ballot return
17   receptacles, including election day hours and if a secure ballot
18   return receptacle will be available twenty-four hours per day,
19   seven days per week.
20      (4)   Contact information for the county board of elections.
21      (5)   Accessibility information.
22      (d)   A secure ballot return receptacle shall be fully ADA
23   compliant and in a well-lit, fixed location.
24      (e)   The county board of elections shall determine the hours
25   of operation, which shall begin no later than thirty days prior
26   to the election and include election day. Hours of operation
27   shall include at a minimum one weeknight and one weekend time
28   period during the five days prior to the primary or election.
29      (f)   A secure ballot return receptacle shall be tamper-
30   resistant, locked and secured to ensure immobility while in use.

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 1      (g)   Staff authorized by the county board of elections shall
 2   monitor the secure ballot return receptacle during hours of
 3   operation, either in person or via video surveillance. Video
 4   recording shall be retained for one year from recording.
 5      (h)   A secure ballot return receptacle shall have a sign
 6   posted on or near the receptacle that includes:
 7      (1)   A label that states "Official Ballot Return Site."
 8      (2)   A notice that the voter should return only his or her
 9   own ballot and that third-party return of ballots, including
10   those of family members, is prohibited unless the individual is
11   officially authorized to return another individual's ballot.
12      (3)   The penalties for tampering with the secure ballot
13   return receptacles and intimidating voters, including forging or
14   destroying ballots.
15      (i)   Ballots shall be collected at the end of operating hours
16   of each day that a secure ballot return receptacle is available
17   for use. Ballots shall be collected at the same time each day,
18   as determined by the county elections office, if the secure
19   ballot return receptacle is available for use on a twenty-four
20   hours per day, seven days per week schedule. Two county employes
21   shall be appointed to collect ballots. At least one shall be an
22   employe assigned to the board of elections and the other may be
23   a member of law enforcement, including a constable. The county
24   board of elections shall use a chain of custody log approved by
25   the department and deposit collected ballots in a secure
26   container within the county board of elections office.
27      Section 3.     Sections 1302-D(g), 1302.1-D(a), 1302.2-D(b),
28   1304-D(a) and 1306-D(a) of the act are amended to read:
29   Section 1302-D.    Applications for official mail-in ballots.
30      * * *

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 1      (g)   [Permanent] Annual mail-in voting list.--
 2            (1)   Any qualified registered elector may request to be
 3      placed on [a permanent] an annual mail-in ballot list file at
 4      any time during the calendar year. A mail-in ballot
 5      application shall be mailed to every person otherwise
 6      eligible to receive a mail-in ballot application by the first
 7      Monday in February each year or within 48 hours of receipt of
 8      the request, whichever is later, so long as the person does
 9      not lose the person's voting rights by failure to vote as
10      otherwise required by this act. A mail-in ballot application
11      mailed to an elector under this section, which is completed
12      and timely returned by the elector, shall serve as an
13      application for any and all primary, general or special
14      elections to be held in the remainder of that calendar year
15      and for all special elections to be held before the third
16      Monday in February of the succeeding year.
17            (2)   The Secretary of the Commonwealth may develop an
18      electronic system through which all qualified electors may
19      apply for a mail-in ballot and request [permanent] annual
20      mail-in voter status under this section, provided the system
21      is able to capture a digitized or electronic signature of the
22      applicant. A county board of elections shall treat an
23      application or request received through the electronic system
24      as if the application or request had been submitted on a
25      paper form or any other format used by the county.
26            (3)   The transfer of a qualified registered elector on [a
27      permanent] an annual mail-in voting list from one county to
28      another county shall only be permitted upon the request of
29      the qualified registered elector.
30   Section 1302.1-D.    Date of application for mail-in ballot.

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 1      (a)   General rule.--Applications for mail-in ballots shall be
 2   received in the office of the county board of elections not
 3   earlier than 50 days before the primary or election, except that
 4   if a county board of elections determines that it would be
 5   appropriate to the county board of elections' operational needs,
 6   any applications for mail-in ballots received more than 50 days
 7   before the primary or election may be processed before that
 8   time. Applications for mail-in ballots that are made in person
 9   at the county board of elections office shall be processed if
10   received not later than five o'clock P.M. of the first Tuesday
11   prior to the day of any primary or election. All other
12   applications for mail-in ballots that are received via United
13   States mail or online shall be processed if received not later
14   than the twelfth day prior to the day of any primary or
15   election.
16      * * *
17   Section 1302.2-D.   Approval of application for mail-in ballot.
18      * * *
19      (b)   Duties of county boards of elections and registration
20   commissions.--The duties of the county boards of elections and
21   the registration commissions with respect to the insertion of
22   the mail-in voter's record shall include only the applications
23   as are received in person on or before the first Tuesday prior
24   to the primary or election and applications as are received via
25   United States mail or online on or before the twelfth day prior
26   to the primary or election.
27      * * *
28   Section 1304-D.   Envelopes for official mail-in ballots.
29      (a)   Additional envelopes.--The county boards of election
30   shall provide two additional envelopes for each official mail-in

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 1   ballot of a size and shape as shall be prescribed by the
 2   Secretary of the Commonwealth, in order to permit the placing of
 3   one within the other and both within the mailing envelope. On
 4   the smaller of the two envelopes to be enclosed in the mailing
 5   envelope shall be printed, stamped or endorsed the words
 6   "Official Election Ballot," and nothing else. On the larger of
 7   the two envelopes, to be enclosed within the mailing envelope,
 8   shall be printed the form of the declaration of the elector and
 9   the name and address of the county board of election of the
10   proper county. The larger envelope shall also contain
11   information indicating the local election district of the mail-
12   in voter. Use of the inner envelope shall be in the discretion
13   of the voter. Failure to use the inner envelope may not be a
14   valid reason for disqualification of the ballot.
15      * * *
16   Section 1306-D.   Voting by mail-in electors.
17      (a)   General rule.--At any time after receiving an official
18   mail-in ballot, but on or before eight o'clock P.M. the day of
19   the primary or election, the mail-in elector shall, in secret,
20   proceed to mark the ballot only in black lead pencil, indelible
21   pencil or blue, black or blue-black ink, in fountain pen or ball
22   point pen, and then fold the ballot, enclose and securely seal
23   the same in the envelope on which is printed, stamped or
24   endorsed "Official Election Ballot." This envelope shall then be
25   placed in the second one, on which is printed the form of
26   declaration of the elector, and the address of the elector's
27   county board of election and the local election district of the
28   elector. The elector shall then fill out, date and sign the
29   declaration printed on [such envelope. Such] the envelope. The
30   date written on the envelope shall be the date the elector has

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 1   signed the declaration. Failure to sign the envelope or signing
 2   the envelope with a date that is not within the time period
 3   between the date the ballot was received by the voter and when
 4   the ballot was received by the county board of election shall
 5   not disqualify the ballot if the declaration is otherwise
 6   properly executed. The envelope shall then be securely sealed
 7   and the elector shall send same by mail, postage prepaid, except
 8   where franked, or deliver it in person to said county board of
 9   election.
10      * * *
11      Section 4.   This act shall take effect in 60 days.




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