Amicus Curiae Brief — Jake Corman, et al., Petitioners v. Pennsylvania Democratic Party, et al.

Supreme Court briefNov 30, 2020

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No. 20-574

IN THE

Supreme Court of the United States

__________

JOSEPH B. SCARNATI, III., et al.

Petitioners

PENNSYLVANIA DEMOCRATIC PARTY ET AL. et al.

Respondents

On Petition for Certiorari from the Pennsylvania

Supreme Court

Motion for Leave to file Amicus Curiae Brief of

White House Watch Fund a project of United

States Public Policy Council et al., in support of

Petitioners

David W. T. Carroll, Esq.

Carroll, Ucker & Hemmer LLC

1955 Coventry Road

Columbus, Ohio 43212

Direct Telephone: (614) 423-9820

Counsel of Record for United of White

House Watch Fund a project of United

States Public Policy

November 30, 2020

MOTION FOR LEAVE TO FILE

Proposed Amici respectfully move for leave to file

the attached brief as amici curiae in support of

Petitioners. The Applicants consent to, and the

Respondents expected to oppose the stay applications

do not object to, the filing of the enclosed amici brief

in support of the opposition to Applicants’ emergency

stay applications.

Amici respectfully request that the Court consider

the arguments herein and in the enclosed amici brief

in support of the petitioner's position that the manner

for direction of the selection of elect doors to the

electoral college is a delegated federal function which

the United States Constitution, specifically delegates to

the state legislature.

No counsel for any party authored the amici brief in

whole or in part and no person or entity other than

amici made a monetary contribution to its preparation

or submission.

Statement of Movants' Interest.

The White House Watch Fund (WHWF) (formerly

White House Defense Fund) is a project of the U.S. Public

Policy Council, a non-profit, public policy organization

recognized under Section 501(c)(4) of the IRS code.

WHWF monitors and provides information and analysis

on public policy proposals or changes of the White House.

WHWF is associated with the Freedom Center

Foundation, recognized under Section 501(c)3 of the IRS

Tax Code and which has helped pay for expenses

associated with the filing of this brief.

Much of the programmatic work of WHWF involved

defense against attacks on the White House as an

institution. WHWF has over 300,000 active, recent

supporters from every state in the union and all

Congressional Districts.

WHWF delivered a quarter of a million petitions in a

presentation at the House of Representatives on

September 23, 2020 concerning Speaker of the House

Nancy Pelosi’s and House Intelligence Committee

Chairman Adam Schiff’s dishonesty and malfeasance in

the impeachment of the President.

WHWF is especially interested to see that the

Constitution is followed in federal elections, especially

where it states that only the Congress determines the

date of voting, and only the state legislatures determine

the details of that voting, such as what time polls close

and when late ballots are not to be counted.

Its past work defending the White House against

dishonest partisan attacks, WHWF’s supporters are

alarmed and concerned that no future election in our

nation will be trusted if governing laws can be so

massively and readily ignored now.

The Conservative Christian Center (CCC) of

Pennsylvania is a project of United States Public Policy

Council with active clubs in York County and Cumberland

County. Its central mission is to increase the number of

voters from the church-going, faith communities and to

increase their interest and influence on public policy

questions. They have for eight years published a twice

annual Value Voters Guide, in general elections and for

primary elections, showing the candidate’s response to ten

public policy questions, to enable faith voters to cast an

informed vote based upon the issues of interest to them

and the position that candidates take on those issues.

America First Agenda (AFA) (formerly Americans for

the Trump Agenda), also a project of United States Public

Policy Council, has been supportive during the four years

of the Trump Administration of the programs and policies

proposed or enacted by President Donald Trump and

wishes to have its views represented to the Court through

this brief.

Former Representative Will Tallman, on behalf of

himself and the GOP majority in both chambers of the

Pennsylvania State Legislature, has a fundamental

interest in defending his unique prerogatives specifically

enumerated in the Constitution regarding the election of

a President and the method by which the Electoral

College votes are allocated, and wishes to have his views

considered by the Court before it renders a decision on

this matter.

Citizens who reside in South Central Pennsylvania,

and who do hereby associate with Conservative Christian

Center and join as Amicus, include:

2020 GOP National Convention Delegates Ronald

Wilcox and William E. Saracino, not residents of

Pennsylvania, wish to be listed as Amicus because of their

interest in helping President Donald Trump and their

interest in upholding the Constitution.

Andrew W. Barbin, Ross Cleveland, Carter Cluz,

Donna Ellingsen, Julie Haertsch, Maxine Kaufmann,

Laszlo Pazstor, Jr., Corbin Kauffman, Mario Eckert,

Cynthia A Voggenreiter, and Michael Ebersole are

residents and voters of Pennsylvania who wish to make

sure that their votes in elections such as the 2020 contest

for President, are not diminished or reduced by disparate

treatment of votes cast in liberal-Democrat controlled

cities in Pennsylvania, such as Philadelphia versus the

more accurate and strict treatment of the handling of

votes, in accordance with the rules approved by the state

legislature in accordance with the United States

Constitution and they pray that the Court will consider

their views as Amicus as stated in this brief.

Thomas C. Bivona, Dr. Daniel A. Brubaker, PhD.,

Richard Buck, Dr. Roger Canfield, PhD., Gerald R.

Geddes, Gary Giordano, Lt. Col. Dennis Gillem, USA

(Ret.), Sant Gupta, Owen Jones, Jim Logue, Greg

Penglis, Kevin E. Peterson, Dr. John J. Sainsbury Phd.

are residents of other states who have an interest in the

Constitutional issues raised in this brief because the

same issues may affect the outcome of their elections in

their respective states about who will be leading this

country for the next four years, and who thus wish to

have their views considered by the Court as Amicus as

stated in this brief

II.

Statement Regarding Brief

Amici gave notice to all parties below of the intent to

file an amici brief in support of petitioners. If the Writ

is granted, it is likely that is case will be fast-moving due

to the nature of it, so Amici cannot wait additional time

before submitting the motion. The Petitioners consented

on November 30, 2020. Republican Party consented on

November 29, 2020. Respondents Armstrong, Bedford,

Blair, Centre, Columbia, Dauphin, Fayette, Huntingdon,

Indiana, Lackawanna, Lawrence, Lebanon, Montour,

Northumberland, Venango, and York County Boards of

Elections. Consented on November 30, 2020. We had no

response from any of the other parties. The above

justifies the request to file the enclosed amici brief

supporting Petitioners without 10 days’ advance notice

to the parties of intent to file.

CONCLUSION

The Court should grant amici curiae leave to file

the attached Amicus Curiae brief in support of

Petitioners.

Respectfully submitted,

s/ David W. T. Carroll

David W. T. Carroll, Esq.

Carroll, Ucker & Hemmer LLC

1955 Coventry Road

Columbus, Ohio 43212

Direct Telephone: (614) 423-9820

Counsel of Record for United of

White House Watch Fund a project

of United States Public Policy

CERTIFICATE OF SERVICE

Amici, by counsel, certifies that a copy of the

foregoing Motion for Leave to File Amicus Curiae Brief

with the Proposed Amicus Brief attached were served,

upon the attorney of record in this Court for the

Appellant by first class U.S. mail, postage prepaid, on

November 30, 2020:

Attorneys for Petitioners:

John Matthew Gore

Jones Day

51 Louisiana Avenue, N.W.

Washington, DC 20001

jmgore@jonesday.com 2028793939

Party name: Republican Party of Pennsylvania

Jason Brett Torchinsky

Holtzman Vogel Josefiak Torchinsky PLLC

15405 John Marshall Hwy

Haymarket, VA 20169

Jtorchinsky@hvjt.law 540 341 8808

Party name: Joseph B. Scarnati, III, et al.

Attorneys for Respondents

Joseph Matthias Cosgrove

Selingo Guagliardo LLC

345 Market Street

Kingston, PA 18704-0000

jmcosgro@msn.com

570-287-2400

Party name: Luzerne County Board of Elections

John Bartley DeLone

Attorney General's Office

Pennsylvania Office of Attorney General -Appellate

Litigation Section

15th Floor, Strawberry Square

Harrisburg, PA 17120

jdelone@attorneygeneral.gov 717-712-3818

Party name: Secretary of State Kathy Boockvar

Gerard Joseph Geiger

Newman, Williams, et al.

712 Monroe St.

P.O. Box 511

Stroudsburg, PA 18360

ggeiger@newmanwilliams.com

(570) 421-9090

Party name: Carbon County Board of Elections,

Monroe County Board of Elections, Pike County Board of

Elections, Wayne County Board of Elections, Schuylkill

County Board of Elections

Molly Elizabeth Meacham

Babst Calland Clements and Zomnir, PC

Two Gateway Center, 603 Stanwix Street

Pittsburgh, PA 15222

mmeacham@babstcalland.com

4126008528

Party name: Boards of Elections for Armstrong,

Bedford, Blair, Centre, Columbia, Dauphin, Fayette,

Huntingdon, Indiana, Lackawanna, Lawrence, Lebanon,

Montour, Northumberland, Venango and York Counties

Donald B. Verrilli Jr.

Munger, Tolles & Olson LLP

601 Massachusetts Avenue, NW

Suite 500E

Washington, DC 20001-5369

donald.verrilli@mto.com

202-220-1101

Party name: Pennsylvania Democratic Party

Stephanie L. Fera

Cafardi Ferguson Wyrick Weis & Gabriel, LLC

2605 Nicholson Road, Suite 2201

Sewickley, PA 15143

Party name: Clarion County Board of Elections/Tioga

County Board of Elections

Thomas R Shaffer

Glassmire and Shaffer Law Offices, P.C.

5 East Third Street

Coudersport, PA 16915

Party name: Potter County Board of Elections

Other

Benjamin Michael Flowers

Ohio Attorney General Dave Yost

30 E. Broad St.

Columbus, OH 43215

benjamin.flowers@ohioattorneygeneral.gov

Party name: State of Ohio

Mithun Mansinghani

Solicitor General

Office of the Oklahoma Attorney General

313 NE 21st Street

Oklahoma City, OK 73105

mithun.mansinghani@oag.ok.gov 405-522-4392

Party name: State of Oklahoma

D. John Sauer

Office of the Attorney General

Supreme Court Building, 207 West High Street

P.O. Box 899

Jefferson City, MO 65102

john.sauer@ago.mo.gov

573-751-3321

Party name: State of Missouri

Jay Alan Sekulow

Constitutional Litigation and Advocacy Group, P.C.

1700 Pennsylvania Ave. NW, Suite 200

Washington, DC 20006

jsekulow@claglaw.com 2025468890

Party name: Donald J. Trump for President, Inc.

Also, in compliance with Rule 29 of the Rules of the

Supreme Court, an electronic copy of this Brief was also

sent by electronic mail (email) on the same date in

electronic / computer PDF format to all attorneys for the

principal parties.

s/ David W. T. Carroll

David W. T. Carroll

No. 20-574

IN THE

Supreme Court of the United States

__________

JOSEPH B. SCARNATI, III., et al.

Petitioners

PENNSYLVANIA DEMOCRATIC PARTY ET AL. et al.

Respondents

On Petition for Certiorari from the Pennsylvania

Supreme Court

Amicus Curiae Brief of White House Watch

Fund a project of United States Public Policy

Council et al., for Petitioners

David W. T. Carroll, Esq.

Carroll, Ucker & Hemmer LLC

1955 Coventry Road

Columbus, Ohio 43212

Direct Telephone: (614) 423-9820

Counsel of Record for United of

White House Watch Fund a

project of United States Public

Policy

November 30, 2020

TABLE OF CONTENTS

TABLE OF AUTHORITIES ................................. iv

INTRODUCTORY STATEMENT: ......................... 1

INTEREST OF AMICI CURIAE ............................ 1

SUMMARY OF ARGUMENT ................................ 5

ARGUMENT ........................................................... 8

I. FEDERAL POWER DELEGATED TO

STATE LEGISLATURES ................................... 8

The election for president and vice

president is a federal function under federal

authority. ......................................................... 8

The Plain Text of the Elector Clause

Delegated Federal Authority to the State

Legislature and to No Other State Body or

Official ............................................................ 12

Exclusive Federal Authority

Delegation................................................... 12

No State Government Official or

Agency May Redesign Elections for

President. ................................................... 15

The Constitution Provides No

Pandemic Exception ................................... 18

II.

PENNSYLVANIA VIOLATED EQUAL

PROTECTION RIGHTS OF VOTERS ..... Error!

Bookmark not defined.

If a State Legislature Chooses Popular

Election of Electoral College Electors, it Must

Treat Voters Equally .. Error! Bookmark not

defined.

Pennsylvania’s Non-Legislative Officials

Violated the Equal Protection Rights of Voters

Error! Bookmark not defined.

III. REMEDIES AVAILABLE TO

PENNSYLVANIA ............................................. 20

The Statutory Deadlines ...................... 20

Two Possible Remedies. ....................... 21

IV.

CONCLUSION ........................................ 24

CERTIFICATE OF COMPLIANCE ..................... 25

STATEMENT OF SERVICE .... Error! Bookmark

not defined.

iii

TABLE OF AUTHORITIES 1

Cases

Ariz. v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1, 133

S.Ct. 2247, 186 L.Ed.2d 239 (2013) ............................30

Arizona State Legislature v. Arizona Independent

Redistricting Commission, 576 U.S. 787 (2015). ........17

Baca v. Colo. Dep't of State, 935 F.3d 887, 907 (10th Cir.

2019). ...........................................................................13

Bush v. Palm Beach County Canvassing Bd., 531 U.S. 70

(2000) ...........................................................................12

Democratic Nat'l Comm. v. Wis. State Legislature, Case no.

20A66] .........................................................................14

Fitzgerald v. Green, 10 S.Ct. 586, 134 U.S. 377, 33 L.Ed.

951 (1890) ....................................................................13

James Carson, Eric Lucero v. Steve Simon, et al, Record

No. 20-3139, U.S. Court of Appeals For the Eighth

Circuit (October 29, 2020) ...........................................15

Lyman v. Baker, 954 F.3d 351, 354-355 (1st Cir. 2020) 12,

26, 30

Pherson v. Blacker, 146 U.S. 1, 27, 13 S.Ct. 3, 36 L.Ed. 869

(1892) .....................................................................16, 30

Ray v. Blair, 343 U.S. 214, 224-225, 72 S.Ct. 654, 96 L.Ed.

894 (1952) ....................................................................12

Twelfth Amendment ........................................................11

Williams v. Rhodes, 393 U.S. 23 (1968) ..........................25

Statutes

3 U.S.C. § 1 ............................................................9, 10, 28

Amici reviewed all of every precedent in the Federal

Judiciary system mentioning “electoral college.” The choice of

precedents relied upon is driven by limited, relevant cases.

3 U.S.C. § 7 ......................................................................28

U.S. Constitution, Seventeenth Amendment ...................14

Rules

Rule 37.3 of the Rules of the Supreme Court1

INTRODUCTORY STATEMENT:

This brief supports the Petition for a Writ of

Certiorari and the substantive requests for relief of

the Petitioners, and proposed intervenor, Donald J.

Trump for President, Inc. (the principal, official,

election campaign committee for the re-election of

President Donald J. Trump and Vice President

Mike Pence), of candidate for re-election President

Donald J. Trump, of Pennsylvania voter (termed an

“elector” in Pennsylvania law) Lawrence Roberts,

and of Pennsylvania voter David John Henry.

Pursuant to Rule 37.3 of the Rules of the

Supreme Court, the parties who have given consent

are identified in the motion for leave to file.

INTEREST OF AMICI CURIAE

The White House Watch Fund (WHWF)

(formerly White House Defense Fund) is a project

of the U.S. Public Policy Council, a non-profit,

public policy organization recognized under Section

501(c)(4) of the IRS code. WHWF monitors and

provides information and analysis on public policy

proposals or changes of the White House.

WHWF is associated with the Freedom Center

Foundation, recognized under Section 501(c)3 of

the IRS Tax Code and which has helped pay for

expenses associated with the filing of this brief.

Much of the programmatic work of WHWF

involved defense against attacks on the White

House as an institution. WHWF has over 300,000

active, recent supporters from every state in the

union and all Congressional Districts.

WHWF delivered a quarter of a million petitions

in a presentation at the House of Representatives

on September 23, 2020 concerning Speaker of the

House Nancy Pelosi’s and House Intelligence

Committee Chairman Adam Schiff’s dishonesty

and malfeasance in the impeachment of the

President.

WHWF is especially interested to see that the

Constitution is followed in federal elections,

especially where it states that only the Congress

determines the date of voting, and only the state

legislatures determine the details of that voting,

such as what time polls close and when late ballots

are not to be counted.

Its past work defending the White House against

dishonest partisan attacks, WHWF’s supporters

are alarmed and concerned that no future election

in our nation will be trusted if governing laws can

be so massively and readily ignored now.

The Conservative Christian Center (CCC) of

Pennsylvania is a project of United States Public

Policy Council with active clubs in York County and

Cumberland County. Its central mission is to

increase the number of voters from the churchgoing, faith communities and to increase their

interest and influence on public policy questions.

They have for eight years published a twice annual

Value Voters Guide, in general elections and for

primary elections, showing the candidate’s

response to ten public policy questions, to enable

faith voters to cast an informed vote based upon the

issues of interest to them and the position that

candidates take on those issues.

America First Agenda (AFA) (formerly

Americans for the Trump Agenda), also a project of

United States Public Policy Council, has been

supportive during the four years of the Trump

Administration of the programs and policies

proposed or enacted by President Donald Trump

and wishes to have its views represented to the

Court through this brief.

Former Representative Will Tallman, on behalf

of himself and the GOP majority in both chambers

of the Pennsylvania State Legislature, has a

fundamental interest in defending his unique

prerogatives specifically enumerated in the

Constitution regarding the election of a President

and the method by which the Electoral College

votes are allocated, and wishes to have his views

considered by the Court before it renders a decision

on this matter.

Citizens who reside in South Central

Pennsylvania, and who do hereby associate with

Conservative Christian Center and join as Amicus,

include:

2020 GOP National Convention Delegates

Ronald Wilcox and William E. Saracino, not

residents of Pennsylvania, wish to be listed as

Amicus because of their interest in helping

President Donald Trump and their interest in

upholding the Constitution.

Andrew W. Barbin, Ross Cleveland, Carter Cluz,

Donna Ellingsen, Julie Haertsch, Maxine

Kaufmann, Laszlo Pazstor, Jr., Corbin Kauffman,

Mario Eckert, Cynthia A Voggenreiter, and Michael

Ebersole are residents and voters of Pennsylvania

who wish to make sure that their votes in elections

such as the 2020 contest for President, are not

diminished or reduced by disparate treatment of

votes cast in liberal-Democrat controlled cities in

Pennsylvania, such as Philadelphia versus the

more accurate and strict treatment of the handling

of votes, in accordance with the rules approved by

the state legislature in accordance with the United

States Constitution and they pray that the Court

will consider their views as Amicus as stated in this

brief.

Thomas C. Bivona, Dr. Daniel A. Brubaker,

PhD., Richard Buck, Dr. Roger Canfield, PhD.,

Gerald R. Geddes, Gary Giordano, Lt. Col. Dennis

Gillem, USA (Ret.), Sant Gupta, Owen Jones, Jim

Logue, Greg Penglis, Kevin E. Peterson, Dr. John

J. Sainsbury Phd. are residents of other states who

have an interest in the Constitutional issues raised

in this brief because the same issues may affect the

outcome of their elections in their respective states

about who will be leading this country for the next

four years, and who thus wish to have their views

considered by the Court as Amicus as stated in this

brief.

SUMMARY OF ARGUMENT

Amici Curiae (hereafter “Amici”) propose to

assist the Court by presenting a different and

deeper conceptual analysis of the matter presented

by the Petitioners (who will be presumably

Appellants) of the relationship of Article II, Section

1, of the U.S. Constitution (the "Elector Clause")

and state action. The Elector Clause governs the

selection of electors to the Electoral College who

vote for the President and the vice President. The

language could not be more clear, "Each State shall

appoint, in such manner as the Legislature

thereof may direct, a number of electors, equal to

the whole of number of Senators and

Representatives to which the State may be entitled

in the Congress…."[emphasis added]. The Elector

Clause expressly delegates federal power to the

state legislatures to direct the selection of electors.

this

case,

the

legislature

the

Commonwealth of Pennsylvania established a

process for the acceptance of votes by mail

mandating that to be counted, the ballot must be

received by the date established by Congress as

election day. On September 17, 2020, without any

legislative approval, the Supreme Court of

Pennsylvania decided to change the date by which

an eligible vote must be received to be counted.

The Elector Clause in Article II, Section 1,

delegated federal authority to the legislature of the

Commonwealth of Pennsylvania, but not to the

Supreme Court of Pennsylvania. Only to the

legislature of Pennsylvania. During the election,

Pennsylvania election officials accepted and

counted ballots that were ineligible under the

statutory law enacted by the Pennsylvania

legislature but purportedly authorized by the

Pennsylvania Supreme Court.

As a result, any votes certified by the

Commonwealth of Pennsylvania for the election of

electors to the Electoral College are void as long as

it contains ineligible ballots received after the date

set by the United States Congress as election day,

as mandated by the Pennsylvania legislature under

the Elector Clause.

Because Pennsylvania apparently counted the

valid ballots received by the statutory deadline set

by the Pennsylvania legislature, even if the actual

ballots were not necessarily preserved, it appears

possible to redress this violation by excluding from

the voting tabulations ballots received after the

statutory deadline.

Also, wisely or unwisely, the state legislature did

not establish for the purpose of elections for U.S.

President a procedure for the correction of

defectively completed or submitted absentee

ballots.

Whereas 3 U.S.C. § 1, sets one and only one

uniform nationwide day for the election,

Pennsylvania’s legislature provided for limited

ability to vote by mail under precise conditions and

requirements. Since November 3, 2020, was the

date of the election set by federal statute in 3 U.S.C.

§ 1, voting by absentee ballot is the exception, not

the default.

We recall Justice Amy Coney Barrett in her

confirmation hearing saying that she rejected the

courts substituting their own ideas for those of the

legislature and saying that as a Justice she cannot

impose “the law of Amy.” However tempting it

might be to let absentee voters correct their

defective ballots, doing so is incompatible with

Article II, Section 1 of the U.S. Constitution.

Indeed, the concept of voting remotely by mail is

incompatible with a voter coming to the election

office to correct a ballot in person.

ARGUMENT

In Act 77, the Pennsylvania legislature

authorized mail-in ballots to be counted only if

received by the election day established by the

United States Congress. In a questionable exercise

of judicial authority, the Pennsylvania Supreme

Court usurped the power of the Pennsylvania

legislature and decreed that ballots would be

counted if received within seven days after the

date established by Congress as election day as long

as they were postmarked by election day. The

Pennsylvania Supreme Court reasoned that the

COVID epidemic amounted to a natural disaster

that somehow authorized it to extend the received

by deadline for mail-in ballots. Pennsylvania

Democratic Party v. Kathy Boockvar, Case no. 133

MM 2020 (September 17, 2020) [Slip Op. 35].

I. FEDERAL POWER DELEGATED

STATE LEGISLATURES

A. The Election for President and Vice

President is a Federal Function under

Federal Constitutional Authority.

As authorized by the United States Constitution,

Congress established election day in 3 U.S.C. § 1,

specifically the Tuesday next after the first Monday

in November in every fourth year.

In 2020, November 3 was the day Congress

established, not the entire month of November, not

November 10. One day. Only One day.

Congress established the date of the election, but

the Constitution delegated federal authority to

each state legislature to direct the manner of

selection of the electors to the Electoral College,

which, by congressional enactment, meets on the

first Monday after the second Wednesday in

December following their appointment. 3 U.S.C § 7.

Accordingly, the Electoral College is scheduled to

meet on December 14, 2020.

This Court should make clear once and forever

that the selection of the United States President is

exclusively and unalterably a federal function

arising exclusively from the

United States

Constitution and is not an exercise of state

government authority.

If this important detail is not clarified, we fear

that future United states elections will devolve into

chaos and corruption.

The United States elects its President and Vice

President through the Electoral College, which is a

body of electors appointed by each state in

proportion to its representation in the Senate and

the House of Representatives. Article II, §1, of the

United States Constitution and the Twelfth

Amendment. The candidate that receives a

majority of those electors' votes wins the

presidency. See id. Amend. XII, cl. 1. Lyman v.

Baker, 954 F.3d 351, 354-355 (1st Cir. 2020)

“The presidential electors exercise a federal

function in balloting for president and vice

president but they are not federal officers or agents

any more than the state elector who votes for

congressmen. They act by authority of the state

that in turn receives its authority from the federal

constitution.” Ray v. Blair, 343 U.S. 214, 224-225,

72 S.Ct. 654, 96 L.Ed. 894 (1952)

In Bush v. Palm Beach County Canvassing Bd.,

531 U.S. 70 (2000) this Court made the matter

unmistakably clear. Although the Court would

normally defer to a state court's interpretation of

the state statute,

But in the case of a law enacted by a state

legislature applicable not only to elections

to state offices, but also to the selection of

presidential electors, the legislature is not

acting solely under the authority given it

by the people of the state, but by virtue of

a direct grant of authority made under

Art. II, § 1, cl. 2, of the United States

Constitution.

Similarly,

And although presidential electors are not

federal officials, they exercise a federal

function. See Ray v. Blair, 343 U.S. 214,

224, 72 S.Ct. 654, 96 L.Ed. 894 (1952)

("The presidential electors exercise a

federal function in balloting for President

and Vice-President but they are not

federal officers or agents any more than

the state elector who votes for

congressmen.").

Baca v. Colo. Dep't of State, 935 F.3d 887, 907 (10th

Cir. 2019).

Fitzgerald v. Green, 10 S.Ct. 586, 134 U.S. 377,

33 L.Ed. 951 (1890), also may appear to be to the

contrary, but is distinguishable. It was argued that

the State could not prosecute crimes of fraudulent

voting because the selection of electors to the

Electoral College is a federal function. But in

Fitzgerald, the U.S. Supreme Court argued that the

Electoral College is “no more” of a federal function

than the state legislature appointing a U.S.

Senator.

Arguably, both are federal functions. To say that

choosing a U.S. President is “no more” a federal

function than choosing a U.S. Senator is not really

making a distinction useful to us here now -- except

that Senators are no longer chosen by state

legislatures. See, U.S. Constitution, Seventeenth

Amendment.

B. The Plain Text of the Elector Clause

Delegated Federal Authority to the

State Legislature and to No Other

State Body or Official

1. Exclusive Federal Authority Delegation

In Democratic Nat'l Comm. v. Wis. State

Legislature, 20A66, this Court declined to take up

the full case but denied the application to vacate a

stay that had issued by the Court of Appeals of a

District Court's change to Wisconsin's election

rules. In his concurring opinion in footnote 1,

Justice Kavanaugh addressed precisely the

situation in this case:

[U]nder the U. S. Constitution, the state

courts do not have a blank check to rewrite

state election laws for federal elections.

Article II expressly provides that the rules

for Presidential elections are established

by the States "in such Manner as the

Legislature thereof may direct." §1, cl. 2

(emphasis added). The text of Article II

means that "the clearly expressed intent

of the legislature must prevail" and that a

state court may not depart from the state

election code enacted by the legislature.

Bush v. Gore, 531 U. S. 98, 120 (2000)

(Rehnquist, C. J., concurring) …

In a case involving the 2020 election, the Eighth

Circuit Court of Appeals decided a remarkably

similar case. In James Carson, Eric Lucero v. Steve

Simon, et al, Record No. 20-3139, U.S. Court of

Appeals For the Eighth Circuit (October 29, 2020)),

the Minnesota Alliance for Retired Persons

Education give fund had sued the Minnesota

Secretary of State and entered into a consent decree

purporting to change rules established by the

Minnesota legislature by which the Secretary

would count as the ballots received up to a week

after election date, notwithstanding Minnesota

law. Candidates for Electoral College filed an action

in the District Court to enjoin the consent decree.

The District Denied the injunction. On appeal, the

Eighth Circuit reversed finding that the electors

are likely to succeed on the merits because the

Secretary's action in altering the deadline for mailin ballots likely violated the Electors Clause of

Article II, Section 1 of the United States

Constitution. The Court reasoned that the Electors

Clause that the power to determine the manner of

selecting electors in the legislature of each state.

[Slip op. at 11-12.]

As long ago as 1879 in Pherson v. Blacker, 146

U.S. 1, 27, 13 S.Ct. 3, 36 L.Ed. 869 (1892) , this

Court recognized that the Constitution leaves the

selection of Electoral College electors to the state

legislatures exclusively. In Pherson, the legislature

of the state of Michigan had established that the

electors to the Electoral College would be chosen by

popular election. Several potential electors insisted

that the legislature as a body politic had the

obligation to choose the electors. Confirming that

the state legislature was the sole authority in

determining how electors would be chosen, the

state legislature had every right to establish that it

would be by popular election.

Arizona

State

Legislature

Arizona

Independent

Redistricting

Commission,

576 U.S. 787 (2015). is not to the contrary. In the

Arizona case, this Court approved of the Arizona

citizens exercising legislative authority under the

Arizona Constitution through citizen initiative,

stating that the initiative process qualified as part

of the authority of the legislature under Article II,

Section 1.

Each state has three branches of government:

legislative, executive, and judicial. In the Arizona

case, the Arizona Constitution authorized

legislative authority to be exercised by initiative

petition. In the present case, the Pennsylvania

judicial branch does not have and cannot properly

exercise legislative authority the United States

Constitution delegated to the Pennsylvania

legislature.

There is another substantial difference between

the Arizona case in the present case: The Arizona

redistricting of congressional and legislative

districts within Arizona did not change the rules or

procedures for choosing electors to the Electoral

College. The lines drawn for each congressional

district every ten years are not an alteration of

rules or procedures of how a state chooses its

electors.

2. No State Government Official or Agency

May Redesign Elections for President.

The plain text of the United States

Constitution’s Elector Clause delegates federal

authority to the state legislatures alone the duty to

determine that manner of choosing Electors of the

Electoral College. The text of the Elector Clause

implicitly and necessarily excludes any role for any

other State government officials, authorities, or

agencies in the process of setting the rules and

procedures for electing the President.

To the extent that they alter, re-interpret, waive,

modify, suspend, or rewrite the procedures, rules,

laws, rights, and/or obligations for choosing the

electors previously established by the state

legislature, all of the following state actions are

null and void because they fall outside the

delegated federal authority:  A State Governor’s decisions, orders,

guidance, interpretations, or instructions.

 A State Secretary of State’s decisions, orders,

guidance, interpretations, or instructions

from.

 Decisions, orders, guidance, interpretations,

or instructions from a State, County, local,

precinct, or district election official.

 Consent orders entered or approved by any

court.

 Decisions,

orders,

injunctions,

interpretations from a State, County, or local

court.

Furthermore,

 Ballots received that fail to conform to law

enacted by the state legislature in its

federally delegated power are void without

discretion or decision.

 Ballots

received

after

the

deadlines

established by the state legislature under it

federally delegated power might potentially

be accepted as votes for State or local offices,

but not for the selection of electors for

the President, which is fundamentally

and Constitutionally distinct.

 Ballots for the election of President received

after the deadline established by the state

legislature acting under federally delegated

power are null and void and may not be

considered.

 Modifications

ballot

signature

requirements established by the state

legislature acting under federally delegated

power are null and void with regard to the

election of the President.

 Modifications to absentee ballot witness

requirements are void for to the election of

the President if the modifications depart

from the legislature's federally delegated

enactment.

 Ballots that do not comply with the state

legislature's pre-existing statutory law

enacted under its federally delegated power

for selection of electors for the Electoral

College in presidential elections are void.

The state legislatures act exclusively under

delegated federal authority and do not act simply

as creatures of their respective states when they

direct manner of selecting electors under the

Elector Clause.

The Pennsylvania Supreme Court excused its

changing of the date and process for determining

eligible mail in votes because of the pandemic. A

failure to plan is not an emergency.

3. The United States Constitution Has No

Pandemic Exception

The Pennsylvania Supreme Court had no

authority to revise the manner of selection of

electors established by the Pennsylvania

legislature under its federally delegated power.

In his concurring opinion denying the motion to

stay in Democratic Nat'l Comm., supra, Justice

Kavanaugh made it clear that there is no pandemic

exception in the United States Constitution. [Slip

Op. at 12.]

Each State legislature has been fully aware of

circumstances possibly arguing for modifications of

their statutes since the President of the United

States issued a National Public Health Emergency

on January 31, 2020,2 followed by a March 13,

“Secretary Azar Declares Public Health Emergency

for United States for 2019 Novel Coronavirus,” Press Office,

2020, more standard declaration of a National

Emergency. 3 Similarly, all voters had extensive

knowledge of concerns about the impact of the

pandemic on the election. It is difficult to conjure

up by speculation a scenario in which a voter

worried about voting in person would need to or

have a right to mail an absentee ballot at the last

minute, so that it arrived days late, after the

statutory deadline. Might someone do so? Yes.

Does the law provide a “right” to vote late? No.

The national discussion from March 2020

constantly debated these concerns. No one was

taken by surprise that the election was on

November 3, 2020, and that the volume of mailedin ballots would be enormous. Waiting until the

last minute might be human, but there exists no

legal right to vote late.4

U.S. Department of Health and Human Services, January 31,

2020, https://www.hhs.gov/about/news/2020/01/31/secretaryazar-declares-public-health-emergency-us-2019-novelcoronavirus.html

3 Charlie Savage, “Trump Declared an Emergency Over

Coronavirus.,” The New York Times, March 13, 2020,

https://www.nytimes.com/2020/03/13/us/politics/coronavirusnational-emergency.html

4 Charlie Savage, “Trump Declared an Emergency

Over Coronavirus.,” The New York Times, March

13, 2020,

https://www.nytimes.com/2020/03/13/us/politics/co

ronavirus-national-emergency.html

In summary, the Pennsylvania Supreme Court

usurped federal power delegated to the

Pennsylvania legislature, resulting in many

ineligible votes being cast in the selection for

Elector of the Electoral College. The unfortunate

result is that the Secretary of State certification of

the results of the Pennsylvania election for the

President and Vice President is invalid and void.

II. REMEDIES

AVAILABLE

PENNSYLVANIA LEGISLATURE

THE

A. The Statutory Deadlines

The United States Congress provided date for

presidential elections in 3 U.S.C. § 1, specifically

"the Tuesday next after the first Monday in

November, in every fourth year…." Accordingly,

November 3, 2020, was the one and only day

designated for electing a President.

3 U.S.C. § 7, Meeting and vote of electors,

provides that the electors shall meet and give their

votes on the first Monday after the second

Wednesday in December next following their

appointment…." The Electoral College is required

to meet and vote on December 14, 2020.

B. Two Possible Remedies.

Amici understand that this Court may be

concerned about potential disenfranchisement of

voters who acted in reliance on the usurpation of

power by the Pennsylvania Supreme Court. Amici

see this as a political issue. The Pennsylvania

voters have every right and opportunity to cast

their ballots in a state election for Pennsylvania

Supreme Court to express their concerns over any

disenfranchisement

resulting

from

the

Pennsylvania Supreme Court's usurpation of state

legislative power in violation of the United States

Constitution. If restoration of the integrity of the

2020 Election results in disenfranchisement of

Pennsylvania voters, it will have been the justices

the

Pennsylvania

Supreme

Court

disenfranchised them by refusing to conform to the

United States Constitution.

The Commonwealth of Pennsylvania has at least

two remedies which may be exercised by its

legislature. 1) the legislature may direct emergency

legislation appointing electors to the Electoral

College consistent with the Electors Clause and

3 U.S.C. §2 which allows the state legislature to

direct the appointment of electors after election

day. If the state fails to make the choice on the day

prescribed by Congress; or 2) the Pennsylvania

legislature may decline to certify any electors for

any presidential and vice presidential candidate.

Amici are not saying that these are the only

remedies possible or the best remedies, but only

that there are at least two remedies available.

While the process for choosing electors cannot

violate Equal Protection of the Law concerns of

voters, an invalid election may require the state

legislature to remedy an invalid election by making

its best judgment, which may include the

legislature selecting the electors to the Electoral

College. Legislators selecting the electors has

historical precedent in the United States.:

In Pherson v. Blacker, 146 U.S. 1, 13 S.Ct. 3, 36

L.Ed. 869 (1892) this Court noted that in the second

presidential election this country, nine of the state

legislators chose the electors to the Electoral

College. In the third presidential election, nine

states again appointed the electors.

In Lyman v. Baker, 954 F.3d 351 (1st Cir. 2020),

potential electors to the Electoral College

challenged the Massachusetts statutory scheme by

which the election of Electoral College electors was

winner take all. Affirming the District Court's

dismissal of the complaint, the Court of Appeals in

footnote 7 noted that in 1800, " the Massachusetts

legislature took back the appointment power from

its citizens and picked the electors itself."

Justice Alito's dissent in Ariz. v. Inter Tribal

Council of Ariz., Inc., 570 U.S. 1, 133 S.Ct. 2247,

186 L.Ed.2d 239 (2013) similarly acknowledges our

history in which legislatures selected the electors to

the Electoral College.

FOOTNOTE 2. As late as 1824, six State

Legislatures chose Electoral College

delegates, and South Carolina continued

to follow this model through the 1860

election. 1 Guide to U.S. Elections 821

(6th ed. 2010). Legislatures in Florida in

1868 and Colorado in 1876 chose

delegates, id., at 822, and in recent

memory, the Florida Legislature in 2000

convened a special session to consider how

to allocate its 25 electoral votes if the

winner of the popular vote was not

determined in time for delegates to

participate in the Electoral College, see

James, Election 2000: Florida Legislature

Faces Own Disputes over Electors, Wall

Street Journal, Dec. 11, 2000, p. A16,

though it ultimately took no action. See

Florida's Senate Adjourns Without

Naming Electors, Wall Street Journal,

Dec. 15, 2000, p. A6.

If the Pennsylvania legislature does not

otherwise act, the invalid and void certification by

the Secretary of State of Pennsylvania will result in

Pennsylvania's electoral votes not being counted

toward the 270 electoral votes necessary for the

election of the President and Vice President.

III. CONCLUSION

Amici respectfully urge this Court to grant

Certiorari to clarify that the Pennsylvania

Supreme Court wrongfully usurped federal power

when it changed the Pennsylvania legislature's

statutory rule for what constituted an eligible vote

in the 2020 election. Unless the Secretary of State

can demonstrate that the state segregated the mailin ballots received after election day and that the

number is less than the improperly certified margin

of victory for Joseph Biden, the Pennsylvania

election should be declared void and any

certification a nullity.

Respectfully submitted,

BY COUNSEL

S/ DAVID W. T. CARROLL

DAVID W. T. CARROLL, ESQ.

(Ohio #10406)

(SUP. Ct. 1980)

Carroll, Ucker & Hemmer LLC

1955 Coventry Road

Columbus, Ohio 43212

Telephone: (614) 423-9820

Email: dcarroll@cuhlaw.com

Counsel of Record for Proposed

Amici

Not appearing:

Jonathon A. Moseley, Esq.

Virginia State Bar #41058

3823 Wagon Wheel Lane

Woodbridge, Virginia 22192

Telephone: (703) 656-1230

Email: Contact@JonMoseley.com

Assisting Counsel of Record in

Preparing Briefing for Proposed

Amici, Not Admitted in This Court

CERTIFICATE OF COMPLIANCE

I certify that this petition is formatted and

printed in typeface Century Schoolbook, 12 point

font size, and contains 4387 words, excluding the

parts of the petition that are exempted by

Supreme Court Rule 33.1(d).

/s David W. T. Carroll

DAVID W. T. CARROLL, ESQ.

CERTIFICATE OF SERVICE

Amici, by counsel, certifies that a copy of the

foregoing Motion for Leave to File Amicus Curiae

Brief with the Proposed Amicus Brief attached

were served, upon the attorney of record in this

Court for the Appellant by first class U.S. mail,

postage prepaid, on November 30, 2020:

Attorneys for Petitioners:

John Matthew Gore

Jones Day

51 Louisiana Avenue, N.W.

Washington, DC 20001

jmgore@jonesday.com 2028793939

Party name: Republican Party of Pennsylvania

Jason Brett Torchinsky

Holtzman Vogel Josefiak Torchinsky PLLC

15405 John Marshall Hwy

Haymarket, VA 20169

Jtorchinsky@hvjt.law 540 341 8808

Party name: Joseph B. Scarnati, III, et al.

Attorneys for Respondents

Joseph Matthias Cosgrove

Selingo Guagliardo LLC

345 Market Street

Kingston, PA 18704-0000

jmcosgro@msn.com

570-287-2400

Party name: Luzerne County Board of

Elections

John Bartley DeLone

Attorney General's Office

Pennsylvania Office of Attorney General Appellate Litigation Section

15th Floor, Strawberry Square

Harrisburg, PA 17120

jdelone@attorneygeneral.gov 717-712-3818

Party name: Secretary of State Kathy Boockvar

Gerard Joseph Geiger

Newman, Williams, et al.

712 Monroe St.

P.O. Box 511

Stroudsburg, PA 18360

ggeiger@newmanwilliams.com

(570) 4219090

Party name: Carbon County Board of Elections,

Monroe County Board of Elections, Pike County

Board of Elections, Wayne County Board of

Elections, Schuylkill County Board of Elections

Molly Elizabeth Meacham

Babst Calland Clements and Zomnir, PC

Two Gateway Center, 603 Stanwix Street

Pittsburgh, PA 15222

mmeacham@babstcalland.com

4126008528

Party name: Boards of Elections for Armstrong,

Bedford, Blair, Centre, Columbia, Dauphin,

Fayette, Huntingdon, Indiana, Lackawanna,

Lawrence, Lebanon, Montour, Northumberland,

Venango and York Counties

Donald B. Verrilli Jr.

Munger, Tolles & Olson LLP

601 Massachusetts Avenue, NW

Suite 500E

Washington, DC 20001-5369

donald.verrilli@mto.com

202-220-1101

Party name: Pennsylvania Democratic Party

Stephanie L. Fera

Cafardi Ferguson Wyrick Weis & Gabriel, LLC

2605 Nicholson Road, Suite 2201

Sewickley, PA 15143

Party name: Clarion County Board of

Elections/Tioga County Board of Elections

Thomas R Shaffer

Glassmire and Shaffer Law Offices, P.C.

5 East Third Street

Coudersport, PA 16915

Party name: Potter County Board of Elections

Other

Benjamin Michael Flowers

Ohio Attorney General Dave Yost

30 E. Broad St.

Columbus, OH 43215

benjamin.flowers@ohioattorneygeneral.gov

Party name: State of Ohio

Mithun Mansinghani

Solicitor General

Office of the Oklahoma Attorney General

313 NE 21st Street

Oklahoma City, OK 73105

mithun.mansinghani@oag.ok.gov 405-5224392

Party name: State of Oklahoma

D. John Sauer

Office of the Attorney General

Supreme Court Building, 207 West High Street

P.O. Box 899

Jefferson City, MO 65102

john.sauer@ago.mo.gov

573-751-3321

Party name: State of Missouri

Jay Alan Sekulow

Constitutional Litigation and Advocacy Group,

P.C.

1700 Pennsylvania Ave. NW, Suite 200

Washington, DC 20006

jsekulow@claglaw.com 2025468890

Party name: Donald J. Trump for President,

Inc.

Also, in compliance with Rule 29 of the Rules of

the Supreme Court, an electronic copy of this Brief

was also sent by electronic mail (email) on the

same date in electronic / computer PDF format to

all attorneys for the principal parties.

s/ David W. T. Carroll

David W. T. Carroll

LIST OF AMICI

White house Watch Fund, a project of the United

States Public Policy Council, a Virginia nonprofit

corporation

Concerning the Christian Center of Pennsylvania,

a project of the United States Public Policy

Council, a Virginia nonprofit corporation.

America First Agenda, a project of the United

States Public Policy Council

Former Pennsylvania State Representative

Hon. Will Tallman

Pennsylvania Residents/Voters:

Andrew W. Barbin, Esq.

Ross Cleveland

Carter Cluz

Mario Eckert

Donna Ellingsen

Julie Haertsch

Ethan Hake

Maxine Kaufmann

Laszlo Pazstor, Jr.

Cynthia A Voggenreiter

Michael Ebersole

Non-Pennsylvania Residents/Voters:

Ronald Wilcox, 2020 GOP National Convention

Delegate

William E. Saracino 2020 GOP National

Convention Delegate

Thomas C. Bivona

Dr. Daniel A. Brubaker, Ph.D

Richard Buck

Dr. Roger Canfield, Ph.D

Gerald R. Geddes

Gary Giordano

Lt. Col. Dennis Gillem, USA (Ret.)

Sant D. Gupta

Owen Jones

Jim Logue

Greg Penglis

Kevin Peterson

Dr. John J. Sainsbury, Ph.D.

APPENDIX

The following are attached:

Pennsylvania Act 77

Pennsylvania Democratic Party et al. v.

Kathy Boockvar et al, Supreme Court of

Pennsylvania, case number133MM 2020, 2020

WL 5554644 (September 17, 2020)

James Carson, Eric Lucero v. Steve Simon, et

al, Record No. 20-3139, U.S. Court of Appeals For

the Eighth Circuit (October 29, 2020)

Democratic Nat'l Comm.v.Wisc. United

States Supreme Court Case No. 20A66 (Justice

Kavanaugh, concurring)

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PENNSYLVANIA ELECTION CODE - OMNIBUS AMENDMENTS

Act of Oct. 31, 2019, P.L. 552, No. 77

Session of 2019

No. 2019-77

Cl. 25

SB 421

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An

act concerning elections, including general, municipal, special

and primary elections, the nomination of candidates, primary

and election expenses and election contests; creating and

defining membership of county boards of elections; imposing

duties upon the Secretary of the Commonwealth, courts, county

boards of elections, county commissioners; imposing penalties

for violation of the act, and codifying, revising and

consolidating the laws relating thereto; and repealing certain

acts and parts of acts relating to elections," in preliminary

provisions, further providing for definitions; in the Secretary

of the Commonwealth, providing for requirements for disapproval

or decertification of voting apparatuses and for census

outreach; in district election officers, further providing for

compensation of district election officers; in election

districts and polling places, further providing for

restrictions on alteration; in nomination of candidates,

further providing for petition may consist of several sheets

and affidavit of circulator, for manner of signing nomination

petitions and time of circulating and for nominations by

political bodies; in ballots, further providing for form of

official primary ballot, for form of official election ballot,

for number of ballots to be printed and specimen ballots and

for forms of ballots on file and open to public inspection and

ballots and diagrams to be furnished to candidates and parties;

in voting machines, further providing for requirements of

voting machines and for form of ballot labels on voting

machines; in electronic voting systems, further providing for

requirements of electronic voting systems, for forms, for

election day procedures and the process of voting and for post

election procedures; providing for voting apparatus bonds; in

preparation for and conduct of primaries and elections, further

providing for manner of applying to vote and persons entitled

to vote and voter's certificates and entries to be made in

district register and numbered lists of voters and challenges,

for method of marking ballots and depositing same in districts

in which ballots are used, for instructions of voters and

manner of voting in districts in which voting machines are

used, for count and return of votes in districts in which

ballots are used, for what ballots shall be counted, manner of

counting and defective ballots and for canvass and return of

votes in districts in which voting machines are used and

providing for deadline for receipt of valid voter registration

application, for appeals and for appeals to court of common

pleas; in voting by qualified absentee electors, further

providing for applications for official absentee ballots, for

date of application for absentee ballot, for approval of

application for absentee ballot, for absentee electors files

and lists, for official absentee voters ballots, for delivering

or mailing ballots, for voting by absentee electors, for

canvassing of official absentee ballots and for public records;

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providing for voting by qualified mail-in electors; in returns

of primaries and elections, further providing for manner of

computing irregular ballots; providing for dissemination of

information and for jurisdiction; removing references to the

Traffic Court of Philadelphia; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania hereby

enacts as follows:

Section 1. Section 102(z.5)(3) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended and the section is amended by adding a subsection to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.5) The words "proof of identification" shall mean:

* * *

(3) For a qualified absentee elector under section 1301 or a

qualified mail-in elector under section 1301-D:

(i) in the case of an elector who has been issued a current

and valid driver's license, the elector's driver's license number;

(ii) in the case of an elector who has not been issued a

current and valid driver's license, the last four digits of the

elector's Social Security number;

(iii) in the case of an elector who has a religious objection

to being photographed, a copy of a document that satisfies

paragraph (1); or

(iv) in the case of an elector who has not been issued a

current and valid driver's license or Social Security number, a

copy of a document that satisfies paragraph (2).

(z.6) The words "qualified mail-in elector" shall mean a

qualified elector who is not a qualified absentee elector.

Section 2. The act is amended by adding sections to read:

Section 207. Requirements for Disapproval or Decertification

of Voting Apparatuses.--(a) The Commonwealth may not disapprove

or decertify a voting apparatus in 50% or more counties until the

requirements of this section have been met.

(b) If the Commonwealth intends to make a disapproval or

decertification under subsection (a), the Department of State must

submit a written plan to the President pro tempore of the Senate,

the Speaker of the House of Representatives, the Appropriations

Committee of the Senate, the Appropriations Committee of the House

of Representatives, the State Government Committee of the Senate

and the State Government Committee of the House of Representatives

at least 180 days prior to the effective date of the replacement

voting apparatuses, containing all of the following information:

(1) The reason for the disapproval or decertification.

(2) The estimated cost to replace the disapproved or

decertified voting apparatus and the plan for how funding will be

obtained to cover the estimated cost.

(3) A plan for replacing the disapproved or decertified voting

apparatus.

(4) The effective date of the replacement voting apparatus.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Electronic voting system" shall have the meaning given to the

term in section 1101-A.

"Voting apparatus" shall mean a kind or type of electronic

voting system that received the approval of the Secretary of the

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Commonwealth under section 1105-A.

Section 208. Census Outreach.--The Department of State may

utilize up to $4,000,000 of funds not expended, encumbered or

committed from appropriations from the General Fund for a fiscal

year ending before July 1, 2020, for an executive branch agency,

which is subject to the policy, supervision and control of the

Governor, for communication, administration and assistance within

each county of the Commonwealth for the purpose of ensuring a

complete and accurate census count of the Commonwealth in the 2020

Federal decennial census. The funds shall be transferred by the

Secretary of the Budget to a restricted account as necessary to

make payments under this section and, when transferred, are hereby

appropriated to carry out the provisions of this section. The

Secretary of the Budget may make a transfer of funds if the

transfer will not result in a deficit in an appropriation from

which funds are transferred. The Secretary of the Budget shall

provide at least 10 days prior notification of a transfer to the

chair and minority chair of the Appropriations Committee of the

Senate and the chair and minority chair of the Appropriations

Committee of the House of Representatives.

Section 3. Sections 412.2, 536(a) and (b), 630.1, 908, 909,

910, 951(d), 976, 981.1, 993(a), 998(a) and (b), 1002(a) and (b),

1003(a) and (e), 1004, 1007, 1008, 1107(b), 1110(h), 1107-A(3),

1109-A(a)(2) and (d), 1112-A(a)(2) and (4) and (b)(4) and 1113A(d) of the act are amended to read:

Section 412.2. Compensation of District Election

Officers.--(a) In all counties regardless of class, [the

compensation of] judges of election, inspectors of election,

clerks and machine operators shall be paid compensation as fixed

by the county board of elections for each election [in accordance

with the following:

Election Officers

Minimum

Maximum

Compensation

Judges of election

$75

$200

Inspectors of election

$75

$195

Clerks and machine operators

$70

$195]

, which amount shall be at least $75 and not more than $200.

(a.1) An election officer shall receive additional

compensation, as fixed by the county board of elections, for

participating in election training.

(a.2) A judge of election shall receive additional

compensation, as fixed by the county board of elections, for

picking up and returning election materials.

(b) If a county board of elections authorizes that the duties

of a clerk of elections or machine operator may be performed by

two individuals who each perform [such] the duties for one-half of

an election day, [such individuals shall each] each individual

shall be compensated at one-half of the rate authorized for a

single individual who performs the duties for the entire election

day.

establish different per diem rates within [the minima and maxima

provided for in] minimum and maximum rates provided for under

subsection (a) based on the number of votes cast for the following

groups:

(1) 150 votes or fewer.

(2) 151 to 300 votes.

(3) 301 to 500 votes.

(4) 501 to 750 votes.

(5) 751 votes and over.

(d) For transmitting returns of elections and the ballot box

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or boxes, all judges of election shall be entitled to receive the

additional sum of [twenty dollars ($20)] $20.

(e) The county board of elections may[, in its discretion,]

require the minority inspector of election to accompany the judge

of election in transmitting the returns of elections, in which

case the minority inspector of election shall be entitled to

receive the additional sum of [twenty dollars ($20)] $20.

(f) The [person] individual furnishing transportation to the

judge of election and the minority inspector in transmitting

returns and ballot boxes shall be entitled to a minimum of

[thirty-five cents (35¢)] 35¢ per circular mile from the polling

place to the county court house. The name of [such person] the

individual shall appear on the voucher of the judge of election[,

and only one person shall] and only one individual may receive

mileage compensation.

(h) When a primary and special election or a special election

and a general or municipal election take place on the same date,

[they] the elections shall be construed as one election for the

purpose of receiving compensation.

(i) Compensation and other payments received by election

officials [pursuant to] under this section shall not be deemed

income classified and categorized under section 303 of the act of

March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of

1971."

Section 536. Restrictions on Alteration.--(a) Except as

provided in subsection (b), there shall be no power to establish,

abolish, divide, consolidate or alter in any manner an election

district during the period [July 15, 2009] from December 31, 2019,

through November 30, [2012] 2022, or through resolution of all

judicial appeals to the [2012] 2022 Congressional Redistricting

Plan, whichever occurs later.

(b) During the period from [July 15, 2009] December 31, 2019,

through December 31, [2010] 2020, an election district may be

divided or election districts may be combined if the following are

met:

(1) In the case of the division of an election district, the

boundary of each resulting district is composed entirely of

clearly visible physical features conforming with the census block

lines or portions of the original boundary of the election

district which was divided.

(2) In the case of the combination of election districts, the

boundary of each resulting district is composed entirely of

portions of the original boundaries of the election districts

which were combined.

* * *

Section 630.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

school district or poor district office, or for the office of

United States Senator or Representative in Congress, selected as

provided in section 630 of this act, shall file with the

nomination certificate an affidavit stating--(a) his residence,

with street and number, if any, and his post-office address; (b)

his election district, giving city, borough, town or township; (c)

the name of the office for which he consents to be a candidate;

(d) that he is eligible for such office; (e) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting election expenses and prohibiting corrupt

practices in connection therewith; (f) unless he is a candidate

for judge of a court of common pleas, the Philadelphia Municipal

Court [or the Traffic Court of Philadelphia,] or for the office of

school board in a district where that office is elective or for

the office of justice of the peace, that he is not a candidate for

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the same office of any party or political body other than the one

designated in such certificate; (g) that he is aware of the

provisions of section 1626 of this act requiring election and

post-election reporting of campaign contributions and

expenditures; and (h) that he is not a candidate for an office

which he already holds, the term of which is not set to expire in

the same year as the office subject to the affidavit.

Section 908. Manner of Signing Nomination Petitions; Time of

Circulating.--Each signer of a nomination petition shall sign but

one such petition for each office to be filled, and shall declare

therein that he is a registered and enrolled member of the party

designated in such petition: Provided, however, That where there

are to be elected two or more persons to the same office, each

signer may sign petitions for as many candidates for such office

as, and no more than, he could vote for at the succeeding

election. He shall also declare therein that he is a qualified

elector of the county therein named, and in case the nomination is

not to be made or candidates are not to be elected by the electors

of the State at large, of the political district therein named, in

which the nomination is to be made or the election is to be held.

He shall add his [residence] address where he is duly registered

and enrolled, giving city, borough or township, with street and

number, if any, and shall legibly print his name and add the date

of signing, expressed in words or numbers: Provided, however, That

if the said political district named in the petition lies wholly

within any city, borough or township, or is coextensive with same,

it shall not be necessary for any signer of a nomination petition

to state therein the city, borough or township of his residence.

No nomination petition shall be circulated prior to the thirteenth

Tuesday before the primary, and no signature shall be counted

unless it bears a date affixed not earlier than the thirteenth

Tuesday nor later than the tenth Tuesday prior to the primary.

Section 909. Petition May Consist of Several Sheets;

[Affidavit] Statement of Circulator.--Said nomination petition may

be on one or more sheets, and different sheets must be used for

signers resident in different counties. If more than one sheet is

used, they shall be bound together when offered for filing if they

are intended to constitute one petition, and each sheet shall be

numbered consecutively beginning with number one, at the foot of

each page. In cases of petitions for delegate or alternate

delegate to National conventions, each sheet shall contain a

notation indicating the presidential candidate to whom he is

committed or the term "uncommitted." Each sheet shall have

appended thereto the [affidavit] statement of the circulator of

each sheet, setting forth, subject to the penalties of 18 Pa.C.S.

§ 4904 (relating to unsworn falsification to authorities)--(a)

that he or she is a qualified elector of the Commonwealth, who is

duly registered and enrolled as a member of the [designated party

of the State, or of the political district, as the case may be,

referred to] party designated in said petition, unless said

petition relates to the nomination of a candidate for a court of

common pleas, for the Philadelphia Municipal Court [or for the

Traffic Court of Philadelphia] or for justice of the peace, in

which event the circulator need not be a duly registered and

enrolled member of the designated party; (b) his residence, giving

city, borough or township, with street and number, if any; (c)

that the signers thereto signed with full knowledge of the

contents of the petition; (d) that their respective residences are

correctly stated therein; (e) that they all reside in the county

named in the [affidavit] statement; (f) that each signed on the

date set opposite his name; and (g) that, to the best of

[affiant's] the circulator's knowledge and belief, the signers are

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qualified electors and duly registered and enrolled members of the

designated party of the State, or of the political district, as

the case may be.

Section 910. Affidavits of Candidates.--Each candidate for any

State, county, city, borough, incorporated town, township, ward,

school district, poor district, election district, party office,

party delegate or alternate, or for the office of United States

Senator or Representative in Congress, shall file with his

nomination petition his affidavit stating--(a) his residence, with

street and number, if any, and his post-office address; (b) his

election district, giving city, borough, town or township; (c) the

name of the office for which he consents to be a candidate; (d)

that he is eligible for such office; (e) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting nomination and election expenses and

prohibiting corrupt practices in connection therewith; (f) unless

he is a candidate for judge of a court of common pleas, the

Philadelphia Municipal Court [or the Traffic Court of

Philadelphia,] or for the office of school director in a district

where that office is elective or for the office of justice of the

peace that he is not a candidate for nomination for the same

office of any party other than the one designated in such

petition; (g) if he is a candidate for a delegate, or alternate

delegate, member of State committee, National committee or party

officer, that he is a registered and enrolled member of the

designated party; (h) if he is a candidate for delegate or

alternate delegate the presidential candidate to whom he is

committed or the term "uncommitted"; (i) that he is aware of the

provisions of section 1626 of this act requiring pre-election and

post-election reporting of campaign contributions and

expenditures; and (j) that he is not a candidate for an office

which he already holds, the term of which is not set to expire in

the same year as the office subject to the affidavit. In cases of

petitions for delegate and alternate delegate to National

conventions, the candidate's affidavit shall state that his

signature to the delegate's statement, as hereinafter set forth,

if such statement is signed by said candidate, was affixed to the

sheet or sheets of said petition prior to the circulation of same.

In the case of a candidate for nomination as President of the

United States, it shall not be necessary for such candidate to

file the affidavit required in this section to be filed by

candidates, but the post-office address of such candidate shall be

stated in such nomination petition.

Section 951. Nominations by Political Bodies.--* * *

(d) Nomination papers may be on one or more sheets and

different sheets must be used for signers resident in different

counties. If more than one sheet is used, they shall be bound

together when offered for filing if they are intended to

constitute one nomination paper, and each sheet shall be numbered

consecutively, beginning with number one (1) at the foot of each

page. Each sheet shall have appended thereto the [affidavit]

statement of some person, not necessarily a signer, and not

necessarily the same person on each sheet, setting forth, subject

to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities)--[(1) that the affiant is a

qualified elector of the State, or of the electoral district, as

the case may be, referred to in the nomination paper;] (2) [his]

the person's residence, giving city, borough or township with

street and number, if any; (3) that the signers signed with full

knowledge of the contents of the nomination paper; (4) that their

respective residences are correctly stated therein; (5) that they

all reside in the county named in the [affidavit] statement; (6)

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that each signed on the date set opposite his name; and (7) that,

to the best of [affiant's] the person's knowledge and belief, the

signers are qualified electors of the State, or of the electoral

district, as the case may be.

* * *

Section 976. Examination of Nomination Petitions, Certificates

and Papers; Return of Rejected Nomination Petitions, Certificates

and Papers.--When any nomination petition, nomination certificate

or nomination paper is presented in the office of the Secretary of

the Commonwealth or of any county board of elections for filing

within the period limited by this act, it shall be the duty of the

said officer or board to examine the same. No nomination petition,

nomination paper or nomination certificate shall be permitted to

be filed if--(a) it contains material errors or defects apparent

on the face thereof, or on the face of the appended or

accompanying affidavits; or (b) it contains material alterations

made after signing without the consent of the signers; or (c) it

does not contain a sufficient number of signatures as required by

law; Provided, however, That the Secretary of the Commonwealth or

the county board of elections, although not hereby required so to

do, may question the genuineness of any signature or signatures

appearing thereon, and if he or it shall thereupon find that any

such signature or signatures are not genuine, such signature or

signatures shall be disregarded in determining whether the

nomination petition, nomination paper or nomination certificate

contains a sufficient number of signatures as required by law; or

(d) in the case of nomination petitions, if nomination petitions

have been filed for printing the name of the same person for the

same office, except the office of judge of a court of common

pleas, the Philadelphia Municipal Court [or the Traffic Court of

Philadelphia,] or the office of school director in districts where

that office is elective or the office of justice of the peace upon

the official ballot of more than one political party; or (e) in

the case of nomination papers, if the candidate named therein has

filed a nomination petition for any public office for the ensuing

primary, or has been nominated for any such office by nomination

papers previously filed; or (f) if the nomination petitions or

papers are not accompanied by the filing fee or certified check

required for said office; or (g) in the case of nomination papers,

the appellation set forth therein is identical with or deceptively

similar to the words used by any existing party or by any

political body which has already filed nomination papers for the

same office, or if the appellation set forth therein contains part

of the name, or an abbreviation of the name or part of the name of

an existing political party, or of a political body which has

already filed nomination papers for the same office. The

invalidity of any sheet of a nomination petition or nomination

paper shall not affect the validity of such petition or paper if a

sufficient petition or paper remains after eliminating such

invalid sheet. The action of said officer or board in refusing to

receive and file any such nomination petition, certificate or

paper, may be reviewed by the court upon an application to compel

its reception as of the date when it was presented to the office

of such officer or board: Provided, however, That said officer or

board shall be entitled to a reasonable time in which to examine

any petitions, certificates or papers, and to summon and

interrogate the candidates named therein, or the persons

presenting said petitions, certificates or papers, and his or

their retention of same for the purpose of making such examination

or interrogation shall not be construed as an acceptance or

filing.

Upon completion of any examination, if any nomination petition,

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certificate or paper is found to be defective, it shall forthwith

be rejected and returned to the candidate or one of the candidates

named therein, together with a statement of the reasons for such

rejection:

Provided further, That no nomination petition, nomination paper

or nomination certificate shall be permitted to be filed, if the

political party or political body referred to therein shall be

composed of a group of electors whose purposes or aims, or one of

whose purposes or aims, is the establishment, control, conduct,

seizure or overthrow of the Government of the Commonwealth of

Pennsylvania or the United States of America by the use of force,

violence, military measure or threats of one or more of the

foregoing. The authority to reject such nomination petition, paper

or certificate for this reason shall, when filed with the

Secretary of the Commonwealth, be vested in a committee composed

of the Governor, the Attorney General and the Secretary of the

Commonwealth, and when filed with any county board of elections

shall be vested in such board. If in such case the committee or

board, as the case may be, shall conclude that the acceptance of

such nomination petition, paper or certificate should be refused,

it shall within two days of the filing of such nomination

petition, paper or certificate fix a place and a time five days in

advance for hearing the matter, and notice thereof shall be given

to all parties affected thereby. At the time and place so fixed

the committee or board, as the case may be, shall hear testimony,

but shall not be bound by technical rules of evidence. The

testimony presented shall be stenographically recorded and made a

part of the record of the committee or board. Within two days

after such hearing the committee or board, if satisfied upon

competent evidence that the said nomination petition, paper or

certificate is not entitled to be accepted and filed, it shall

announce its decision and immediately notify the parties affected

thereby. Failure to announce decision within two days after such

hearing shall be conclusive that such nomination petition, paper

or certificate has been accepted and filed. The decision of said

committee or board in refusing to accept and file such nomination

petition, paper or certificate may be reviewed by the court upon

an application to compel its reception as of the date when

presented to the Secretary of the Commonwealth or such board. The

application shall be made within two days of the time when such

decision is announced. If the application is properly made, any

judge of said court may fix a time and place for hearing the

matter in dispute, of which notice shall be served with a copy of

said application upon the Secretary of the Commonwealth or the

county board of elections, as the case may be. At the time so

fixed, the court, or any judge thereof assigned for the purpose,

shall hear the case de novo. If after such hearing the said court

shall find that the decision of the committee or the board was

erroneous, it shall issue its mandate to the committee or board to

correct its decision and to accept and file the nomination paper,

petition or certificate. From any decision of the court an appeal

may be taken within two days after the entry thereof. It shall be

the duty of the said court to fix the hearing and to announce its

decision within such period of time as will permit the Secretary

of the Commonwealth or the county board of elections to permit the

names of the candidates affected by the court's decision to be

printed on the ballot, if the court should so determine.

Section 981.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district or election district office,

or for the office of United States Senator or Representative in

Congress, selected as provided in sections 979 and 980 of this

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act, shall file with the substituted nomination certificate an

affidavit stating--(a) his residence, with street and number, if

any, and his post-office address; (b) his election district,

giving city, borough, town or township; (c) the name of the office

for which he consents to be a candidate; (d) that he is eligible

for such office; (e) that he will not knowingly violate any

provision of this act, or of any law regulating and limiting

election expenses and prohibiting corrupt practices in connection

therewith; (f) unless he is a candidate for judge of a court of

common pleas, the Philadelphia Municipal Court [or the Traffic

Court of Philadelphia,] or for the office of school board in a

district where that office is elective or for the office of

justice of the peace, that he is not a candidate for the same

office of any party or political body other than the one

designated in such certificate; (g) that he is aware of the

provisions of section 1626 of this act requiring election and

post-election reporting of campaign contributions and

expenditures; and (h) that he is not a candidate for an office

which he already holds, the term of which is not set to expire in

the same year as the office subject to the affidavit.

Section 993. Filling of Certain Vacancies in Public Office by

Means of Nomination Certificates and Nomination Papers.--(a) In

all cases where a vacancy shall occur for any cause in an elective

public office, including that of judge of a court of record, at a

time when such vacancy is required by the provisions of the

Constitution or the laws of this Commonwealth to be filled at the

ensuing election but at a time when nominations for such office

cannot be made under any other provision of this act, nominations

to fill such vacancies shall be made by political parties in

accordance with party rules relating to the filling of vacancies

by means of nomination certificates in the form prescribed in

section nine hundred ninety-four of this act, and by political

bodies by means of nomination papers in accordance with the

provisions of sections nine hundred fifty-one, nine hundred fiftytwo and nine hundred fifty-four of this act. No such nomination

certificate shall nominate any person who has already been

nominated by any other political party or by any political body

for the same office unless such person is a candidate for the

office of judge of a court of common pleas, the Philadelphia

Municipal Court [or the Traffic Court of Philadelphia,] or for the

office of school director in districts where that office is

elective or for the office of justice of the peace. No such

nomination papers shall nominate any person who has already been

nominated by any political party or by any other political body

for any office to be filled at the ensuing November election,

unless such person is a candidate for the office of judge of a

court of common pleas, the Philadelphia Municipal Court [or the

Traffic Court of Philadelphia,] or for the office of school

director in districts where that office is elective or for the

office of justice of the peace.

* * *

Section 998. Substituted Nominations to Fill Certain Vacancies

for a November Election.--(a) Any vacancy happening or existing

in any party nomination made in accordance with the provisions of

section nine hundred ninety-three of this act for a November

election by reason of the death or withdrawal of any candidate may

be filled by a substituted nomination made by such committee as is

authorized by the rules of the party to make nominations in the

event of vacancies on the party ticket, in the form prescribed by

section nine hundred ninety-four of this act. But no substituted

nomination certificate shall nominate any person who has already

been nominated by any other political party or by any political

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body for the same office, unless such person is a candidate for

the office of judge of a court of common pleas, the Philadelphia

Municipal Court [or the Traffic Court of Philadelphia,] or for the

office of school director in districts where that office is

elective or for the office of justice of the peace.

(b) In case of the death or withdrawal of any candidate

nominated by a political body for an election, the committee named

in the original nomination papers may nominate a substitute in his

place by filing a substituted nomination certificate in the form

and manner prescribed by section nine hundred eighty of this act.

In the case of a vacancy caused by the death of any candidate,

said nomination certificate shall be accompanied by a death

certificate properly certified. No substituted nomination

certificate shall nominate any person who has already been

nominated by any political party or by any other political body

for any office to be filled at the ensuing November election,

unless such person is a candidate for the office of judge of a

court of common pleas, the Philadelphia Municipal Court [or the

Traffic Court of Philadelphia,] or for the office of school

director in districts where that office is elective or for the

office of justice of the peace.

* * *

Section 1002. Form of Official Primary Ballot.--(a) At

primaries separate official ballots shall be prepared for each

party which shall be in substantially the following form:

Official............................... Primary Ballot.

(Name of Party)

........District,........Ward, City of........................,

County of..............................., State of Pennsylvania

........Primary election held on the.....day of........., 19...

Make a cross (X) or check (ˆš) in the square to the right of

each candidate for whom you wish to vote. If you desire to vote

for a person whose name is not on the ballot, write[, print or

paste] or stamp his name in the blank space provided for that

purpose. Mark ballot only in black lead pencil, indelible pencil

or blue, black or blue-black ink in fountain pen or ball point

pen. Use the same pencil or pen for all markings you place on the

ballot.

President of the United States.

(Vote for one)

John Doe

Richard Roe

John Stiles

United States Senator.

(Vote for one)

John Doe

Richard Roe

John Stiles

Governor.

(Vote for one)

John Doe

Richard Roe

John Stiles

Representative in Congress.....District.

(Vote for one)

John Doe

Richard Roe

John Stiles

Delegates at Large to National Convention.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

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John Stiles

(Uncommitted)

Delegate to National Convention.....District.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

John Stiles

(Uncommitted)

Senator in the General Assembly.....District.

(Vote for one)

John Doe

Richard Roe

John Stiles

Member of State Committee.

(Vote for one)

John Doe

Richard Roe

John Stiles

Party Committeemen.

(Vote for.....)

John Doe

Richard Roe

John Stiles

(b) On the back of each ballot shall be printed in prominent

type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"

followed by the designation of the election district for which it

is prepared, the date of the primary and the facsimile signatures

of the members of the county board of elections. The names of

candidates shall in all cases be arranged under the title of the

office for which they are candidates, and be printed thereunder in

the order determined by the casting of lots as provided by this

act. Under the title of such offices where more than one candidate

is to be voted for, shall be printed "Vote for not more than

........" (the blank space to indicate the number of candidates to

be voted for the particular office.) At the right of the name of

each candidate there shall be a square of sufficient size for the

convenient insertion of a cross (x) or check (ˆš) mark. There

shall be left at the end of the list of candidates for each office

(or under the title of the office itself in case there be no

candidates who have filed nomination petitions therefor) as many

blank spaces as there are persons to be voted for, for such

office, in which space the elector may insert, by writing or

stamping, the name of any person whose name is not printed on the

ballot as a candidate for such office. Opposite or under the name

of each candidate, except candidates for the office of President

of the United States and candidates for delegate or alternate

delegate to a National Party Convention, who is to be voted for by

the electors of more than one county, shall be printed the name of

the county in which such candidate resides; and opposite or under

the name of each candidate except candidates for delegate or

alternate delegate to a National Party Convention who is to be

voted for by the electors of an entire county or any

congressional, senatorial or representative district within the

county, shall be printed the name of the city, borough, township

or ward, as the case may be, in which such candidate resides.

* * *

Section 1003. Form of Official Election Ballot.-(a) The official ballots for general, municipal and special

elections shall be in substantially the following form:

OFFICIAL BALLOT

....................... District, ........................ Ward,

City of ........................, County of ...................,

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State of Pennsylvania ..........................................

Election held on the .......... day of ................, [19]

20.....

A cross (X) or check (ˆš) mark in the square opposite the name of

any candidate indicates a vote for that candidate.

[To vote a straight party ticket, mark a cross (X) or check

(ˆš) in the square, in the Party Column, opposite the name of

the party of your choice. To vote for an individual candidate of

another party after making a mark in the party square, mark a

cross (X) or check (ˆš) opposite his name. For an office where

more than one candidate is to be voted for, the voter, after

marking in the party square, may divide his vote by marking a

cross (X) or check (ˆš) to the right of each candidate for whom he

or she desires to vote. For such office votes shall not be counted

for candidates not individually marked.]

To vote for a person whose name is not on the ballot, write[,

print or paste] or stamp his name in the blank space provided for

that purpose. A cross (X) or check (ˆš) mark in the square

opposite the names of the candidates of any party for President

and Vice-President of the United States indicates a vote for all

the candidates of that party for presidential elector. To vote for

individual candidates for presidential elector, write[, print or

paste] or stamp their names in the blank spaces provided for that

purpose under the title "Presidential Electors." Mark ballot only

in black lead pencil, indelible pencil or blue, black or blueblack ink, in fountain pen or ball point pen; use the same pencil

or pen for all markings you place on the ballot.

Before leaving the voting compartment, fold this ballot,

without displaying the markings thereon, in the same way it was

folded when received, then leave the compartment and exhibit the

ballot to one of the election officers who shall ascertain by an

inspection of the number appearing upon the right hand corner of

the back of the ballot whether the ballot so exhibited to him is

the same ballot which the elector received before entering the

voting compartment. If it is the same, the election officer shall

direct the elector, without unfolding the ballot, to remove the

perforated corner containing the number, and the elector shall

immediately deposit the ballot in the ballot box. Any ballot

deposited in a ballot box at any primary or election without

having the said number torn off shall be void and shall not be

counted.

[Party Column

Presidential Electors

To Vote a Straight Party Ticket

(Vote for the candidates of

Mark a Cross (X) or Check (ˆš)

one party for President and

in this Column.

Vice-President, or insert the

names of candidates.)

For

John Stiles

and

Democratic

Richard Doe,

Democratic ...................

Republican

Socialist

For

John Doe

and

Richard Roe,

Republican ...................

For

John Smith

and

William Jones,

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Socialist ....................

Citizens]

Presidential Electors.

(Vote for the candidates of one party for President and Vice

President, or insert the names of candidates)

For

John Stiles and Richard Doe......................... Democratic

For

John Doe and Richard Roe............................ Republican

For

John Smith and William Jones......................... Socialist

For

........................ Citizens

United States Senator.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Governor.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Representatives in Congress,

....... District.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Senator in the General Assembly,

....... District.

(Vote for one)

John Doe ............................................ Democratic

Richard Roe ......................................... Republican

* * *

(e) There shall be left at the end of the group of candidates

for President and Vice-President of the United States under the

title "Presidential Electors," as many blank spaces as there are

presidential electors to be elected, in which spaces the elector

may insert, by writing or stamping, the names of any individual

candidates for presidential electors for whom he desires to vote.

There shall also be left at the end of each group of candidates

for each other office (or under the title of the office itself in

case no candidates have been nominated therefor), as many blank

spaces as there are persons to be voted for for such office, in

which space the elector may insert the name of any person or

persons whose name is not printed on the ballot as a candidate for

such office.

* * *

Section 1004. Form of Ballots; Printing Ballots; Stubs;

Numbers.--From the lists furnished by the Secretary of the

Commonwealth under the provisions of sections 915 and 984, and

from petitions and papers filed in their office, the county

election board shall print the official primary and election

ballots in accordance with the provisions of this act: Provided,

however, That in no event, shall the name of any person consenting

to be a candidate for nomination for any one office, except the

office of judge of a court of common pleas, the Philadelphia

Municipal Court [or the Traffic Court of Philadelphia,] or the

office of school director in districts where that office is

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elective or the office of justice of the peace be printed as a

candidate for such office upon the official primary ballot of more

than one party. All ballots for use in the same election district

at any primary or election shall be alike. They shall be at least

six inches long and four inches wide, and shall have a margin

extending beyond any printing thereon. They shall be printed with

the same kind of type (which shall not be smaller than the size

known as "brevier" or "eight point body") upon white paper of

uniform quality, without any impression or mark to distinguish one

from another, and with sufficient thickness to prevent the printed

matter from showing through. Each ballot shall be attached to a

stub, and all the ballots for the same election district shall be

bound together in books of fifty, in such manner that each ballot

may be detached from its stub and removed separately. The ballots

for each party to be used at a primary shall be bound separately.

The stubs of the ballots shall be consecutively numbered, and in

the case of primary ballots, the number shall be preceded by an

initial or abbreviation designating the party name. The number and

initial or abbreviation which appears upon the stub shall also be

printed in the upper right hand corner of the back of the ballot,

separated from the remainder of the ballot by a diagonal

perforated line so prepared that the upper right hand corner of

the back of the ballot containing the number may be detached from

the ballot before it is deposited in the ballot box and beside

that corner shall also be printed, "Remove numbered stub

immediately before depositing your ballot in ballot box."

Section 1007. Number of Ballots to Be Printed; Specimen

Ballots.--(a) The county board of each county shall provide for

each election district [in which a primary is to be held, one book

of fifty official ballots of each party for every forty-five

registered and enrolled electors of such party and fraction

thereof, appearing upon the district register, and shall provide

for each election district in which an election is to be held one

book of fifty official ballots for every forty-five registered

electors and fraction thereof appearing upon the district

(1) the general primary election held in even-numbered years

in which candidates for the office of President of the United

States are not nominated in an amount of at least 10% greater than

the highest number of ballots cast in the election district in any

of the previous three general primary elections at which

candidates for the office of President of the United States were

not nominated;

(2) the general primary election held in even-numbered years

in which candidates for the office of President of the United

States are nominated in an amount of at least 15% greater than the

highest number of ballots cast in the election district in any of

the previous three general primary elections at which candidates

for the office of President of the United States were nominated;

(3) the municipal primary election held in odd-numbered years

in an amount of at least 10% greater than the highest number of

ballots cast in any of the previous three municipal primary

elections in the election district;

(4) the general election held in even-numbered years in which

candidates for the office of President of the United States are

not elected in an amount of at least 10% greater than the highest

number of ballots cast in the election district in any of the

previous three general elections at which candidates for the

office of President of the United States were not elected;

(5) the general election held in even-numbered years in which

candidates for the office of President of the United States are

elected in an amount of at least 15% greater than the highest

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number of ballots cast in the election districts in any of the

previous three general elections at which candidates for the

office of President of the United States were elected; and

(6) the municipal election held in odd-numbered years in an

amount of at least 10% greater than the highest number of ballots

cast in any of the previous three municipal elections in the

election district.

(b) The county board of each county shall also, in addition to

the number of ballots required to be printed for general

distribution, maintain a sufficient supply of such ballots at the

office of the county board for the use of absentee electors or

mail-in electors and for the use of any district, the ballots for

which may be lost, destroyed or stolen. They shall also cause to

be printed on tinted paper, and without the facsimile

endorsements, permanent binding or stubs, copies of the form of

ballots provided for each polling place at each primary or

election therein, which shall be called specimen ballots, and

which shall be of the same size and form as the official ballots,

and at each election they shall deliver to the election officers,

in addition to the official ballots to be used at such election, a

suitable supply of specimen ballots for the use of the electors.

At each primary, a suitable supply of specimen ballots of each

party shall be furnished.

Section 1008. Forms of Ballots on File and Open to Public

Inspection; Ballots and Diagrams to Be Furnished to Candidates and

Parties.-(a) The county board of elections shall have on file in its

office[, on and] after the Thursday [preceding] before each

primary and election, open to public inspection, forms of the

ballots and ballot labels[, with the names and such statements and

notations as may be required by the provisions of this act,

printed thereon, which shall be used in each election district

within the county]. The forms of the ballots and ballot labels

shall be published on the county board's publicly accessible

Internet website.

(b) On the Thursday [preceding] before each primary, the

county board shall, upon request made at their office, [there]

deliver to each candidate whose name is printed on the ballot of

any party, or to his authorized representative, without charge,

three [specimen] sample ballots of such party for the entire

district [in which such candidate is to be voted for, and the

candidate may, at his own expense, have printed on different

colored paper as many copies as he requires for conducting his

campaign].

the county board shall, upon request made at their office, [there]

deliver to the county chairman or other authorized representative

of each political party and political body in the county, without

charge, two [specimen] sample ballots [or diagrams] for each

election district within the county in which candidates of such

party or political body are [to be voted for, and such political

party or political body may, at its own expense, have printed on

different colored paper as many copies as it requires for

conducting its campaign.] running for office.

Section 1107. Requirements of Voting Machines.--No voting

machine shall, upon any examination or reexamination, be approved

by the Secretary of the Commonwealth, or by any examiner appointed

by him, unless it shall, at the time, satisfy the following

requirements:

* * *

[(b) It shall permit each voter, at other than primary

elections, to vote a straight political party ticket in one

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operation, and, in one operation, to vote for all the candidates

of one political party for presidential electors, and, in one

operation, to vote for all the candidates of one political party

for every office to be voted for, except those offices as to which

he votes for individual candidates.]

* * *

Section 1110. Form of Ballot Labels on Voting Machines.-* * *

(h) The names of all candidates of a political party shall

appear in the same row or column, and except in cases of names of

presidential commitments of nominees for delegate or alternate

delegate to political party National conventions no other names

shall appear in the same row or column[, to the left or top of

which shall be a straight party lever, by means of which an

elector may, in one operation, vote for all the candidates of that

political party for every office to be voted for]. Where the names

of the delegate or alternate delegate and the presidential

candidate he is supporting shall both appear, the print size of

the name of the delegate or alternate delegate shall be equal to

the size of the name of the particular presidential candidate to

whom he is committed, or in the case where he is uncommitted, the

word "uncommitted" shall appear in the same size print. The names

of such candidates shall be arranged under or opposite the title

of the office for which they are candidates, and shall appear in

the order of the votes obtained by the candidate for Governor of

the party nominated at the last gubernatorial election, beginning

with the party obtaining the highest number of votes: Provided,

however, That in the case of parties or bodies not represented on

the ballot at the last gubernatorial election, the names of the

candidates of such parties shall be arranged alphabetically,

according to the party or body name. The names of all candidates

of a political body shall appear in the same row or column, and,

if the number of parties and bodies permits, each political body

shall be entitled exclusively to a separate row or column[, with a

straight party lever]. If, however, the number of political

parties and political bodies renders it impossible or

impracticable to so arrange the political bodies, in such case

said bodies shall not be entitled to a separate row or column [and

a straight party lever], but shall be listed by political

appellations on the first left hand or top row, with the

designating letter and number of the ballot label where their

candidates may be found, together with the political appellations

of other political bodies, whose candidates may be interspersed on

the same row or column. Subject to the aforesaid limitations, the

form and arrangement of ballot labels, as to the placing thereon

of political bodies, shall be within the discretion of the county

board.

* * *

Section 1107-A. Requirements of Electronic Voting Systems.--No

electronic voting system shall, upon any examination or

reexamination, be approved by the Secretary of the Commonwealth,

or by any examiner appointed by him, unless it shall be

established that such system, at the time of such examination or

reexamination:

* * *

[(3) Permits each voter, at other than primary elections, to

vote a straight political party ticket by one mark or act and, by

one mark or act, to vote for all the candidates of one political

party for presidential electors and, by one mark or act, to vote

for all the candidates of one political party for every office to

be voted for, and every such mark or act shall be equivalent to

and shall be counted as a vote for every candidate of the

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political party so marked including its candidates for

presidential electors, except with respect to those offices as to

which the voter has registered a vote for individual candidates of

the same or another political party or political body, in which

case the automatic tabulating equipment shall credit the vote for

that office only for the candidate individually so selected,

notwithstanding the fact that the voter may not have individually

voted for the full number of candidates for that office for which

he was entitled to vote.]

* * *

Section 1109-A. Forms.--(a) * * *

(2) The pages placed on the voting device shall be of

sufficient number to include, following the listing of particular

candidates, the names of candidates for any nonpartisan offices

and any measures for which a voter may be qualified to vote on a

given election day, provided further that for municipal, general

or special elections, the first ballot page shall list in the

order that such political parties are entitled to priority on the

ballot, the names of such political parties [with designating

arrows so as to indicate the voting square or position on the

ballot card where the voter may insert by one mark or punch the

straight party ticket of his choice].

* * *

[(d) In partisan elections the ballot cards shall include a

voting square or position whereby the voter may by one punch or

mark record a straight party ticket vote for all the candidates of

one party or may vote a split ticket for the candidates of his

choice.]

* * *

Section 1112-A. Election Day Procedures and the Process of

Voting.--(a) In an election district which uses an electronic

voting system in which votes are registered electronically, the

following procedures will be applicable for the conduct of the

election at the election district:

* * *

(2) At [primary] all elections, the voter shall be able to

vote for each candidate individually by the means provided. [At

all other elections, he may vote for each candidate individually,

or he may vote a straight political party ticket in one operation

by operating the straight political party mechanism of the

political party or political body of his choice. He may also,

after having operated the straight party mechanism and before

recording his vote, cancel the vote for any candidate of such

political party or political body and may thereupon vote for a

candidate of another party, or political body for the same

office.] The voter may also vote individually for or against a

question submitted to the vote of the electors.

* * *

(4) At any general election at which presidential electors are

to be chosen, each elector shall be permitted to vote by one

operation for all the presidential electors of a political party

or political body. For each party or body nominating presidential

electors, a ballot label shall be provided containing only the

words "Presidential Electors," preceded by the names of the party

or body and followed by the names of the candidates thereof for

the Office of President and Vice-President, and the corresponding

counter or registering device shall register votes cast for said

electors when thus voted for collectively. If any elector desires

to vote a ticket for presidential electors made up of the names of

persons nominated by different parties or bodies, or partially of

names of persons so in nomination and partially of names of

persons not in nomination by any party or body, he may write or

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deposit a paper ballot prepared by himself in the receptacle

provided in or on the voting device for that purpose, or he may

list their names on the write-in ballot or envelope provided for

that purpose. The voting device shall be so constructed that it

will not be possible for any one voter to vote a straight party

ticket for presidential electors and at the same time to deposit a

ballot for presidential electors in a receptacle as [hereinabove]

provided in this section. When the votes for presidential electors

are counted, the votes appearing upon the counter or registering

device corresponding to the ballot label containing the names of

the candidates for President and Vice-President of any party or

body shall be counted as votes for each of the candidates for

presidential elector of such party or body, and thereupon all

candidates for presidential elector shall be credited, in

addition, with the votes cast for them upon the ballots deposited

in the machine, as [hereinabove] provided in this section.

* * *

(b) In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

* * *

(4) [If the voter desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check (ˆš)

or punch or mark sense mark in the square opposite the name of the

party or political body so marked, including its candidates for

presidential electors, except for those offices as to which he has

indicated a choice for individual candidates of the same or

another party or political body, by making a cross (X) or check

(ˆš) or punch or mark sense mark opposite their names in the

manner hereinabove provided, as to which offices his ballot shall

be counted only for the candidates which he has thus individually

marked, notwithstanding the fact that he made a mark in the party

column, and even though in the case of an office for which more

than one candidate is to be voted for, he has not individually

marked for such office the full number of candidates for which he

is entitled to vote.] If he desires to vote for the entire group

of presidential electors nominated by any party or political body,

he may make a cross (X) or check (ˆš) or punch or mark sense mark

in the appropriate space opposite the names of the candidates for

President and Vice-President of such party or body. If he desires

to vote a ticket for presidential electors made up of the names of

persons nominated by different parties or political bodies, or

partially of names of persons so in nomination and partially of

names of persons not in nomination by any party or political body,

or wholly of names of persons not in nomination by any party or

political body, he shall insert, by writing or stamping, the names

of the candidates for presidential electors for whom he desires to

vote in the blank spaces provided therefor on the write-in ballot

under the title of the office "Presidential Electors". In case of

a question submitted to the vote of the electors, he may make a

cross (X) or check (ˆš) or punch or mark sense mark in the

appropriate square opposite the answer which he desires to give.

* * *

Section 1113-A. Post Election Procedures.--* * *

(d) In returning any votes cast for any person whose name is

not printed on the official ballot, the election officers shall

record any such names exactly as they were written[, stamped or

applied to the ballot by sticker] or stamped.

* * *

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Section 3.1.

The act is amended by adding an article to read:

ARTICLE XI-B

VOTING APPARATUS BONDS

Section 1101-B. Definitions.

The following words and phrases when used in this article shall

have the meanings given to them in this section unless the context

clearly indicates otherwise:

"Account." The County Voting Apparatus Reimbursement Account

established under section 1106-B.

"Authority." The Pennsylvania Economic Development Financing

Authority.

"Bond." Any type of revenue obligation, including a bond or

series of bonds, note, certificate or other instrument, issued by

the authority for the benefit of the department under this

article.

"Bond administrative expenses." Expenses incurred to

administer bonds as provided under the Financing Law, or as

otherwise necessary to ensure compliance with applicable Federal

or State law.

"Bond obligations." The principal of a bond and any premium

and interest payable on a bond, together with any amount owed

under a related credit agreement or a related resolution of the

authority authorizing a bond.

"Credit agreement." A loan agreement, a revolving credit

agreement, an agreement establishing a line of credit, a letter of

credit or another agreement that enhances the marketability,

security or creditworthiness of a bond.

"Department." The Department of State of the Commonwealth.

"Election security equipment." Information technology such as

intrusion detection sensors and other infrastructure deployed to

enhance the security of voting apparatus and election systems by

detecting and reporting hacking attempts and other election

security breaches.

"Electronic voting system." As defined in section 1101-A.

"Financing Law." The act of August 23, 1967 (P.L.251, No.102),

known as the Economic Development Financing Law.

"Voting apparatus." A kind or type of electronic voting system

that received the approval of the Secretary of the Commonwealth

under section 1105-A.

Section 1102-B. Bond issuance.

(a) Declaration of policy.--The General Assembly finds and

declares that funding the replacement of voting apparatuses,

including interest, through the authority, is in the best

interest of this Commonwealth.

(b) Authority.--Notwithstanding any other law, the following

shall apply:

(1) The department may be a project applicant under the

Financing Law and may apply to the authority for the funding of

the replacement of voting apparatuses.

(2) The authority may issue bonds under the Financing Law,

consistent with this article, to finance projects to fund the

replacement of county voting apparatuses or to reimburse

counties for their cost to purchase or enter into capital

leases for voting apparatuses.

(3) Participation of an industrial and commercial

development authority shall not be required to finance the

replacement of voting apparatuses.

liability of the Commonwealth and shall not create or

constitute any indebtedness, liability or obligation of the

Commonwealth.

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(2) Bond obligations and bond administrative expenses

shall be payable solely from revenues or money pledged or

available for repayment as authorized under this article. This

paragraph shall include the proceeds of any issuance of bonds.

(3) Each bond shall contain on its face a statement that:

(i) the authority is obligated to pay the principal or

interest on the bonds only from the revenues or money

pledged or available for repayment as authorized under this

article;

(ii) neither the Commonwealth nor a county is

obligated to pay the principal or interest; and

(iii) the full faith and credit of the Commonwealth or

any county is not pledged to the payment of the principal

of or the interest on the bonds.

Section 1103-B. Criteria for bond issuance.

(a) Determination.--If the department decertifies one or more

voting apparatuses that are in use in any county of this

Commonwealth, the department shall apply to the authority to issue

bonds for reimbursements to each county for the cost of procuring

new voting apparatuses.

(a.1) Issuance.--Bonds may be issued in one or more series,

and each series may finance reimbursement grants to one or more

counties.

(b) Terms.-(1) The department, with the approval of the Office of the

Budget, shall specify in its application to the authority:

(i) the maximum principal amount of the bonds for each

bond issue; and

(ii) the maximum term of the bonds consistent with

applicable law.

(2) The total principal amount for all bonds issued under

this article may not exceed $90,000,000.

(3) The term of the bonds issued under this article may

not exceed 10 years from the respective date of original

issuance.

authorization to issue bonds, not including refunding bonds, shall

expire December 31, 2020.

Section 1104-B. Issuance of bonds, security and sources of

payments.

(a) Issuance.--The authority shall consider issuance of bonds

upon application by the department. Bonds issued under this

article shall be subject to the provisions of the Financing Law,

unless otherwise specified under this article.

(b) Service agreement authorized.--The authority and the

department may enter into an agreement or service agreement to

effectuate this article, including an agreement to secure bonds

issued for the purposes under section 1102-B(b), pursuant to which

the department shall agree to pay the bond obligations and bond

administrative expenses to the authority in each fiscal year that

the bonds or refunding bonds are outstanding in amounts sufficient

to timely pay in full the bond obligations, bond administrative

expenses and any other financing costs due on the bonds issued for

the purposes under section 1102-B(b). The department's payment of

the bond obligations, bond administrative expenses and other

financing costs due on the bonds as service charges under an

agreement or service agreement shall be subject to and dependent

upon the appropriation of funds by the General Assembly to the

department for payment of the service charges. The service

agreement may be amended or supplemented by the authority and the

department in connection with the issuance of any series of bonds

or refunding bonds authorized under this section.

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expenses may be secured, for the benefit of the holders of the

bonds and the obligees under credit agreements or the agreements

under subsection (b), by pledge of a security interest in and

first lien on the following:

(1) Money relating to the bonds held on deposit in any

other fund or account under an instrument or agreement

pertaining to the bonds, including bond reserves and interest

income on the money.

(2) The security provided under this subsection shall not

apply to money in any fund relating to arbitrage rebate

obligations.

Section 1105-B. Sale of bonds.

The authority shall offer the bonds for sale by means of a

public, competitive sale or by means of a negotiated sale based on

the authority's determination of which method will produce the

most benefit to counties and the Commonwealth.

Section 1106-B. Deposit of bond proceeds.

The net proceeds of bonds, other than refunding bonds,

exclusive of costs of issuance, reserves and any other financing

charges, shall be transferred by the authority to the State

Treasurer for deposit into a restricted account established in the

State Treasury and held solely for the purposes under section

1102-B(b) to be known as the County Voting Apparatus Reimbursement

Account. The department shall pay out the bond proceeds to the

counties from the account in accordance with this article.

Section 1107-B. Payment of bond-related obligations.

For each fiscal year in which bond obligations and bond

administrative expenses will be due, the authority shall notify

the department of the amount of bond obligations and the estimated

amount of bond administrative expenses in sufficient time, as

determined by the department, to permit the department to request

an appropriation sufficient to pay bond obligations and bond

administrative expenses that will be due and payable in the

following fiscal year. The authority's calculation of the amount

of bond obligations and bond administrative expenses that will be

due shall be subject to verification by the department.

Section 1108-B. Commonwealth not to impair bond-related

obligations.

The Commonwealth pledges that it shall not do any of the

following:

(1) Limit or alter the rights and responsibilities of the

authority or the department under this article, including the

responsibility to:

(i) pay bond obligations and bond administrative

expenses; and

(ii) comply with any other instrument or agreement

pertaining to bonds.

(2) Alter or limit the service agreement under section

1104-B(b).

(3) Impair the rights and remedies of the holders of

bonds, until each bond issued at any time and the interest on

the bond are fully met and discharged.

Section 1109-B. (Reserved).

Section 1110-B. Personal liability.

The members, directors, officers and employees of the

department and the authority shall not be personally liable as a

result of good faith exercise of the rights and responsibilities

granted under this article.

Section 1111-B. Annual report.

No later than March 1 of the year following the first full year

in which bonds have been issued under this article and for each

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year thereafter in which bond obligations existed in the prior

year, the department shall submit an annual report to the chair

and minority chair of the Appropriations Committee of the Senate,

the chair and minority chair of the Appropriations Committee of

the House of Representatives, the chair and minority chair of the

State Government Committee of the Senate and the chair and

minority chair of the State Government Committee of the House of

Representatives providing all data available on bonds issued or

existing in the prior year. The report shall include existing and

anticipated bond principal, interest and administrative costs,

revenue, repayments, refinancing, overall benefits to counties and

any other relevant data, facts and statistics that the department

believes necessary in the content of the report.

Section 1112-B. Reimbursement of county voting apparatus

expenses.

(a) Application.--A county may apply to the department to

receive funding to replace the county's voting apparatuses or to

reimburse the county's cost to purchase or lease by capital lease

voting apparatuses. Each county shall submit an application for

funding on a form containing information and documentation

prescribed by the department no later than July 1, 2020.

(b) Documentation for prior purchase or lease.--If a county

seeks reimbursement of the county's cost to purchase or lease by

capital lease a voting apparatus that the county purchased or

leased before the date that the county submits its application to

the department, the county's application shall include

documentation prescribed by the department to substantiate the

county's cost to purchase or lease the voting apparatus, including

copies of fully executed voting apparatus contracts, invoices and

proof of payment to the vendor of the voting apparatus.

county seeks funding to purchase or lease by capital lease a

voting apparatus that the county will purchase or lease after the

date that the county submits its application to the department,

the county's application shall include documentation prescribed by

the department to substantiate the county's estimate to purchase

or lease the voting apparatus, including copies of fully executed

voting apparatus contracts, bids or price quotes submitted to the

county by voting apparatus vendors and other price estimates or

cost proposals.

(d) Review.--The department shall review each county

application on a rolling basis and shall either approve or deny

each county's application within 90 days of the date the

application is received by the department. A county may supplement

or amend submitted applications during the 90-day review period in

consultation with the department.

(e) Approval for prior purchase or lease.--If the department

approves a county's application submitted under subsection (b),

the department and the county shall enter into a written grant

agreement through which the department shall reimburse the county

at the amount determined under subsection (g).

(f) Approval for subsequent purchase or lease.--If the

department approves a county's application under subsection (c),

the department and the county shall enter into a written grant

agreement through which the department will provide funding to

reimburse the county's cost to purchase or lease a voting

apparatus at the amount determined under subsection (g). The

county shall hold the grant money in an account of the county that

is separate from each other county account. The county shall

deliver quarterly reports to the department of the voting

apparatus costs paid from the grant money in a form prescribed by

the department. The county shall return any unspent grant money to

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the department within 30 days of the expiration of the grant

agreement.

(g) Payments.-(1) A county shall only receive amounts under this section

to the extent that the department has bond proceeds available

in the account from which to make payments.

(2) Except as provided under paragraph (3), a county which

submitted an application approved under subsection (e) or (f)

shall receive 60% of the total amount submitted under

subsection (b) or (c) which may be reimbursed or paid.

(3) If the total amount submitted by all counties under

paragraph (2) exceeds the total amount available for

reimbursement or payment, a county shall receive a portion of

the amount available equal to the total amount submitted by the

county under subsection (b) or (c) which may be reimbursed or

paid, divided by the total amount submitted by all counties

under subsection (b) or (c) which may be reimbursed or paid.

(4) If any bond proceeds remain after the department has

issued all reimbursements in accordance with paragraphs (1),

(2) and (3), the department may utilize the remaining balance

for grants for counties for the purchase and distribution to

the counties of election security equipment. The department

shall provide notice to each county no later than 30 days prior

to receiving applications for grants under this paragraph.

(h) Certification.--A county shall only receive the

reimbursement or funding under this article after making a

certification to the department, the President pro tempore of the

Senate, the Speaker of the House of Representatives, the Minority

Leader of the Senate, the Minority Leader of the House of

Representatives, the chair and minority chair of the

Appropriations Committee of the Senate, the chair and minority

chair of the Appropriations Committee of the House of

Representatives, the chair and minority chair of the State

Government Committee of the Senate and the chair and minority

chair of the State Government Committee of the House of

Representatives that the county has completed a program under 25

Pa.C.S. § 1901(b)(1) (relating to removal of electors) and mailed

notices required under 25 Pa.C.S. § 1901(b)(3) within the prior 12

months. The certification shall include information on whether the

county has undertaken a canvass under 25 Pa.C.S. § 1901(b)(2).

(i) Department application.--The department shall apply to the

authority for funding under section 1102-B only if the department

has approved county applications under this article which total at

least $50,000,000.

Section 3.2. Sections 1210(a.4)(1) and (5)(ii), 1215(b) and

(c), 1216(d) and (f), 1222, 1223(a) and 1227(d) of the act are

amended to read:

Section 1210. Manner of Applying to Vote; Persons Entitled to

Vote; Voter's Certificates; Entries to Be Made in District

(a.4) (1) At all elections an individual who claims to be

properly registered and eligible to vote at the election district

but whose name does not appear on the district register and whose

registration cannot be determined by the inspectors of election or

the county election board shall be permitted to cast a provisional

ballot. Individuals who appear to vote shall be required to

produce proof of identification pursuant to subsection (a) and if

unable to do so shall be permitted to cast a provisional ballot.

An individual presenting a judicial order to vote shall be

permitted to cast a provisional ballot. An elector who appears to

vote on election day having requested an absentee ballot or mailin ballot and who is not shown on the district register as having

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voted an absentee ballot or mail-in ballot shall be permitted to

cast a provisional ballot.

* * *

(5) * * *

(ii) A provisional ballot shall not be counted if:

(A) either the provisional ballot envelope under clause (3) or

the affidavit under clause (2) is not signed by the individual;

(B) the signature required under clause (3) and the signature

required under clause (2) are either not genuine or are not

executed by the same individual;

envelope;

(D) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

election the elector fails to appear before the county board of

elections to execute an affirmation or the county board of

elections does not receive an electronic, facsimile or paper copy

of an affirmation affirming, under penalty of perjury, that the

elector is the same individual who personally appeared before the

district election board on the day of the election and cast a

provisional ballot and that the elector is indigent and unable to

obtain proof of identification without the payment of a fee; [or]

(E) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the elector fails to appear before the county board of

elections to present proof of identification and execute an

affirmation or the county board of elections does not receive an

electronic, facsimile or paper copy of the proof of identification

and an affirmation affirming, under penalty of perjury, that the

elector is the same individual who personally appeared before the

district election board on the day of the election and cast a

provisional ballot[.]; or

(F) the elector's absentee ballot or mail-in ballot is timely

received by a county board of elections.

* * *

Section 1215. Method of Marking Ballots and Depositing Same in

Districts in Which Ballots are Used.--* * *

(b) At primaries, the elector shall prepare his ballot in the

following manner: He shall vote for the candidates of his choice

for nomination or election, according to the number of persons to

be voted for by him, for each office, by making a cross (X) or

check (ˆš) mark in the square opposite the name of the candidate,

or he may insert by writing[,] or stamping [or sticker,] in the

blank space provided therefor, any name not already printed on the

ballot, and such insertion shall count as a vote without the

making of a cross (X) or check (ˆš) mark. In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots.

following manner: He may vote for the candidates of his choice for

each office to be filled according to the number of persons to be

voted for by him for each office, by making a cross (X) or check

(ˆš) mark in the square opposite the name of the candidate, or he

may insert by writing[,] or stamping [or sticker,] in the blank

spaces provided therefor, any name not already printed on the

ballot, and such insertion shall count as a vote without the

making of a cross (X) or check (ˆš) mark. In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots. If he desires

to vote for every candidate of a political party or political

body, except its candidates for offices as to which he votes for

individual candidates in the manner hereinafter provided, he may

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make a cross (X) or check (ˆš) mark in the square opposite the

name of the party or political body of his choice in the party

column on the left of the ballot, and every such cross (X) or

check (ˆš) mark shall be equivalent to and be counted as a vote

for every candidate of a party or political body so marked,

including its candidates for presidential electors, except for

those offices as to which he has indicated a choice for individual

candidates of the same or another party or political body, by

making a cross (X) or check (ˆš) mark opposite their names in the

manner hereinabove provided, as to which offices his ballot shall

be counted only for the candidates which he has thus individually

marked, notwithstanding the fact that he made a mark in the party

column, and even though in the case of an office for which more

than one candidate is to be voted for, he has not individually

marked for such office the full number of candidates for which he

is entitled to vote. If he desires to vote for the entire group of

presidential electors nominated by any party or political body, he

may make a cross (X) or check (ˆš) mark in the appropriate square

at the right of the names of the candidates for President and

Vice-President of such party or body. If he desires to vote a

ticket for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert, by writing or stamping, the names

of the candidates for presidential electors for whom he desires to

vote in the blank spaces provided therefor under the title of the

office "Presidential Electors." In case of a question submitted to

the vote of the electors, he may make a cross (X) or check (ˆš)

mark in the appropriate square opposite the answer which he

desires to give.

* * *

Section 1216. Instructions of Voters and Manner of Voting in

Districts in Which Voting Machines are Used.-* * *

(d) At [primaries, he] all elections, the elector shall vote

for each candidate individually by operating the key, handle,

pointer or knob, upon or adjacent to which the name of such

candidate is placed. [At elections, he may vote for each candidate

individually by operating the key, handle, pointer or knob, upon

or adjacent to which the names of candidates of his choice are

placed, or he may vote a straight political party ticket in one

operation by operating the straight political party lever of the

political party or political body of his choice, if such machine

has thereon a separate lever for all the candidates of the

political body. He may also, after having operated the straight

party lever, and before recording his vote, cancel the vote for

any candidate of such political party or political body by

replacing the individual key, handle, pointer or knob of such

candidate, and may thereupon vote for a candidate of another

party, or political body for the same office by operating the key,

handle, pointer or knob, upon or adjacent to which the name of

such candidate appears.] In the case of a question submitted to

the vote of the electors, the elector shall operate the key,

handle, pointer or knob corresponding to the answer which he

desires to give.

* * *

(f) At any general election at which presidential electors are

to be chosen, each elector shall be permitted to vote by one

operation for all the presidential electors of a political party

or political body. For each party or body nominating presidential

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electors, a ballot label shall be provided containing only the

words "Presidential Electors," preceded by the names of the party

or body and followed by the names of the candidates thereof for

the office of President and Vice-President, and the corresponding

counter or registering device shall register votes cast for said

electors when thus voted for collectively. If an elector desires

to vote a ticket for presidential electors made up of the names of

persons nominated by different parties or bodies, or partially of

names of persons so in nomination and partially of names of

persons not in nomination by any party or body, or wholly of names

of persons not in nomination by any party or body, he may write or

deposit a paper ballot prepared by himself in the receptacle

provided in or on the machine for the purpose. The machine shall

be so constructed that it will not be possible for any one voter

to vote a straight party ticket for presidential electors and at

the same time to deposit a ballot for presidential electors in a

receptacle as [hereinabove] provided in this section. When the

votes for presidential electors are counted, the votes appearing

upon the counter or registering device corresponding to the ballot

label containing the names of the candidates for President and

Vice-President of any party or body shall be counted as votes for

each of the candidates for presidential elector of such party or

body, and thereupon all candidates for presidential elector shall

be credited, in addition, with the votes cast for them upon the

ballots deposited in the machine, as [hereinabove] provided in

this section.

* * *

Section 1222. Count and Return of Votes in Districts in Which

Ballots are Used.-(a) As soon as all the ballots have been properly accounted

for, and those outside the ballot box, as well as the "Voting

Check List," numbered lists of voters and district register

sealed, the election officers shall forthwith open the ballot box,

and take therefrom all ballots therein, and at primaries, separate

the same according to the party to which they belong. The ballots

shall then be counted one by one, and a record made of the total

number, and at primaries of the total number cast for each party.

Then the judge, under the scrutiny of the minority inspector, or

the minority inspector, under the scrutiny of the judge, in the

presence of the other officers, clerks, and of the overseers, if

any, and within the hearing and sight of the watchers outside the

enclosed space, shall read aloud the names of the candidates

marked or inserted upon each ballot (at primaries the ballots of

each party being read in sequence), together with the office for

which the person named is a candidate, and the answers contained

on the ballots to the questions submitted, if any, and the

majority inspector and clerks shall carefully enter each vote as

read, and keep account of the same in ink in triplicate tally

papers (triplicate tally papers for each party at primaries) to be

provided by the county board of elections for that purpose, all

three of which shall be made at the same time.[: Provided, That at

all general, municipal and special elections, in entering each

vote received by candidates at such election, it shall not be

necessary to enter separate tally marks for each vote received by

such candidates upon the ballots containing the same votes for the

same names, commonly known, and in this act designated as

"Straight Party Tickets" for such purpose straight party ticket

votes shall be entered carefully as each straight party ticket

vote is read on the triplicate tally sheets under the heading

"Number of votes received upon the ..............................

straight party tickets." Upon completing the number of votes

received by each straight party ticket, the number so tallied for

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each party shall be entered numerically on the extreme right hand

margin of each such tally paper.] All ballots, after being removed

from the box, shall be kept within the unobstructed view of all

persons in the voting room until replaced in the box. No person

while handling the ballots shall have in his hand any pencil, pen,

stamp or other means of marking or spoiling any ballot. The

election officers shall forthwith proceed to canvass and compute

the votes cast, and shall not adjourn or postpone the canvass or

computation until it shall have been fully completed.

(b) When the vote cast for the different persons named upon

the ballots and upon the questions, if any, appearing thereon,

shall have been fully recorded in the tally papers and counted,

the election officers shall duly certify to the number of votes

cast for each person (upon the respective party tickets at

primaries), and shall prepare in ink two (2) general returns,

showing, in addition to the entries made thereon as aforesaid, the

total number of ballots received from the county board (the total

of each party at primaries), the number of ballots cast (the

number of each party at primaries), the number of ballots (of each

party at primaries) declared void, and the number of ballots

spoiled and cancelled, and any blank ballots cast, as well as the

votes cast for each candidate. At elections, the number of votes

cast for each candidate by each political party or political body

of which such candidate is a nominee shall be separately stated.[:

Provided, That the number of votes received by each set of

candidates upon "straight party tickets" shall be entered opposite

the names of the respective candidates in a column immediately

adjoining upon the left which column shall be of convenient width

and shall be headed "number of votes received upon straight party

tickets."] In an immediate column to the left thereto, the number

of votes received by each candidate upon all ballots [other than

"straight party tickets" including all ballots known as "split

tickets"] shall be entered, such column to be of convenient width

and shall be headed "number of votes [received other than upon

straight party tickets." The number of votes received by each

candidate as shown in the column headed "number of votes received

upon straight party tickets" shall then be added, together with

the number of votes received by each candidate as shown in the

column headed "number of votes received other than upon straight

party tickets" and thereupon, the] received." The total number of

votes received by each candidate shall be entered in a column on

the extreme right-hand side of the return sheets, which column

shall be of convenient width and shall be headed "total number of

votes."

Nothing in this section contained shall be construed to

authorize or permit the canvassing, counting or tallying ballots

with any less degree of strictness than otherwise required by

law.[, the intention of this section being to dispense with the

individual tally marks only so far as the so-called "straight

party tickets" are concerned, and all other operations of

tallying, counting, canvassing and announcing the votes shall

proceed as near as may be in accordance with the other provisions

of this act.]

not printed on the ballot, the election officers shall record any

such names exactly as they were written[,] or stamped [or applied

to] upon the ballot [by sticker]. In districts in which paper

ballots or ballot cards are electronically tabulated, stickers or

labels may not be used to mark ballots. A vote cast by means of a

sticker or label affixed to a ballot or ballot card shall be void

and may not be counted.

Section 1223. What Ballots Shall Be Counted; Manner of

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Counting; Defective Ballots.--(a) No ballot which is so marked as

to be capable of identification shall be counted. Any ballot that

is marked in blue, black or blue-black ink, in fountain pen or

ball point pen, or black lead pencil or indelible pencil, shall be

valid and counted: Provided, That all markings on the ballot are

made by the same pen or pencil. Any ballot marked by any other

mark than an (X) or check (ˆš) in the spaces provided for that

purpose shall be void and not counted: Provided, however, That no

vote recorded thereon shall be declared void because a cross (X)

or check (ˆš) mark thereon is irregular in form. [Any erasure,

mutilation or defective marking of the straight party column at

November elections shall render the entire ballot void, unless the

voter has properly indicated his choice for candidates in any

office block, in which case the vote or votes for such candidates

only shall be counted.] Any erasure or mutilation in the vote in

any office block shall render void the vote for any candidates in

said block, but shall not invalidate the votes cast on the

remainder of the ballot, if otherwise properly marked. Any ballot

indicating a vote for any person whose name is not printed on the

ballot, by writing[, stamping or sticker] or stamping, shall be

counted as a vote for such person, if placed in the proper space

or spaces provided for that purpose, whether or not an (X) or

check (ˆš) is placed after the name of such person: Provided,

however, That if such writing[, stamping or sticker] or stamping

is placed over the name of a candidate printed on the ballot, it

shall render the entire vote in said office block void. In

districts in which paper ballots or ballot cards are

electronically tabulated, stickers or labels may not be used to

mark ballots. A vote cast by means of a sticker or label affixed

to a ballot or ballot card shall be void and may not be counted.

If an elector shall mark his ballot for more persons for any

office than there are candidates to be voted for for such office,

or if, for any reason, it may be impossible to determine his

choice for any office, his ballot shall not be counted for such

office, but the ballot shall be counted for all offices for which

it is properly marked. Ballots not marked, or improperly or

defectively marked, so that the whole ballot is void, shall be set

aside and shall be preserved with the other ballots.

* * *

Section 1227. Canvass and Return of Votes in Districts in

Which Voting Machines are Used.--* * *

(d) The election officers, on the foregoing returns, shall

record any votes which have been cast for a person whose name is

not printed on the ballot labels, by means of an irregular ballot,

as defined herein. In returning any such votes which have been

written[,] or deposited [or affixed] upon receptacles or devices

provided for the purpose, the election officers shall record any

such names exactly as they were written[,] or deposited [or

affixed].

Section 4. The act is amended by adding sections to read:

Section 1231. Deadline for Receipt of Valid Voter Registration

Application.--(a) Except as provided under subsection (b), each

commission, commissioner and registrar or clerk appointed by the

commission shall receive, during ordinary business hours and

during additional hours as the commission prescribes, at the

office of the commission and at additional places as the

commission designates, applications from individuals who apply to

be registered to vote as provided under 25 Pa.C.S. Pt. IV

(relating to voter registration) who appear and claim that they

are entitled to be registered as electors of a municipality.

(b) In the administration of voter registration, each

commission shall ensure that an applicant who is a qualified

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elector is registered to vote in an election when the applicant

has met any of the following conditions:

(1) In the case of voter registration with a motor vehicle

driver's license application under 25 Pa.C.S. § 1323 (relating to

application with driver's license application), if the valid voter

registration application is received by the appropriate commission

not later than fifteen days before the election.

(2) (Reserved).

(3) In the case of voter registration at a voter registration

agency under 25 Pa.C.S. § 1325 (relating to government agencies),

if the valid voter registration application is received by the

appropriate commission not later than fifteen days before the

election.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission not later than fifteen days before the election.

congressional, senatorial or representative district held on a day

other than the day of a primary, general or municipal election,

the registration application forms shall not be processed in the

wards and election districts comprising the district for the

fifteen days prior to the special election for such election.

(2) No applications shall be received as follows:

(i) On Sundays.

(ii) On holidays.

(iii) On the day of the election.

(iv) During the fifteen days next preceding each general,

municipal and primary election except as provided under subsection

(b).

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Commission" shall mean a registration commission established

under 25 Pa.C.S. § 1203 (relating to commissions).

"Commissioner" shall mean a member of a commission.

Section 1232. Appeals.--(a) An individual whose application

to be registered has been denied under section 1231 or 25 Pa.C.S.

Pt. IV (relating to voter registration) may file with the

commission a petition to be registered, setting forth the grounds

of the petition under oath or affirmation. The petition must be

filed by the eighth day prior to an election.

(b) (1) The commission shall fix a time for a public hearing

at its office not later than the fifth day prior to the election.

(2) The commission shall give the person responsible for the

rejection forty-eight hours' notice of the hearing.

(3) At the hearing, a clerk, inspector of registration or

qualified elector of the county may offer evidence as to why the

petitioner should not be registered.

(4) The commission, if satisfied that the petitioner is

entitled to be registered, shall direct registration.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Commission" shall mean a registration commission established

under 25 Pa.C.S. § 1203 (relating to commissions).

Section 1233. Appeals to Court of Common Pleas.--(a) An

applicant whose claim for registration under section 1231 and 25

Pa.C.S. Pt. IV (relating to voter registration) has been denied

shall have standing to appeal an action of a commission to the

appropriate court of common pleas.

(b) An appeal under subsection (a) must be made by the third

day preceding an election.

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relief.

(d) Upon timely receipt of an appeal under this section, the

court shall conduct a hearing.

(e) If the court finds that an injustice has been done, the

court shall reverse or modify the ruling of the commission and

issue appropriate injunctive relief.

(f) The following shall apply:

(1) Except as provided in paragraph (2), the court may award

costs for the appeal to the prevailing party.

(2) Costs may not be assessed against a commission or a

county.

(g) As used in this section, "commission" shall mean a

registration commission established under 25 Pa.C.S. § 1203

(relating to commissions).

Section 5. Section 1302(b), (c), (d), (e.1) and (i) of the act

are amended and the section is amended by adding subsections to

read:

Section 1302. Applications for Official Absentee Ballots.--* *

(b) [The application] An application for a qualified elector

under subsection (a) shall contain the following information: Home

residence at the time of entrance into actual military service or

Federal employment, length of time a citizen, length of residence

in Pennsylvania, date of birth, length of time a resident of

voting district, voting district if known, party choice in case of

primary, name and, for a military elector, his stateside military

address, FPO or APO number and serial number. Any elector other

than a military elector shall in addition specify the nature of

his employment, the address to which ballot is to be sent,

relationship where necessary, and such other information as may be

determined and prescribed by the Secretary of the Commonwealth.

When such application is received by the Secretary of the

Commonwealth it shall be forwarded to the proper county board of

election.

(b.1) An application for a qualified elector other than under

subsection (a) shall contain the following information: Date of

birth, length of time a resident of voting district, voting

district if known, party choice in case of primary and name. The

elector shall in addition specify the nature of his or her

employment, the address to which ballot is to be sent,

relationship where necessary, and other information as may be

determined and prescribed by the Secretary of the Commonwealth.

When the application is received by the Secretary of the

Commonwealth it shall be forwarded to the proper county board of

election.

section 1301(a), (b), (c), (d), (e), (f), (g) and (h), for an

official absentee ballot in any primary or election may not be

made over the signature of any person, other than the qualified

elector or an adult member of his immediate family, as required in

the preceding subsection.] A qualified absentee military or

overseas elector, as defined by the Uniformed and Overseas

Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924),

may submit his application for an official absentee ballot by

[facsimile method if the original application is received prior to

the election by the county election office. The absentee ballot of

the qualified military or overseas elector shall not be counted

unless the elector's original application is received prior to the

election by the county election office. The facsimile] electronic

transmission method. The electronic transmission method shall not

be acceptable for the official absentee ballot. As used in this

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Act of Oct. 31, 2019,P.L. 552, No. 77 Cl. 25 - PENNSYLVANIA E...

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https://www.legis.state.pa.us//WU01/LI/LI/US/HTM/2019/0/0077....

subsection, "electronic transmission method" means any technology

that can transmit a document or an image of a document via

electronic or electromechanical means, including, but not limited

to, facsimile method. An elector entitled to submit an application

for an official absentee ballot under a method authorized under 25

Pa.C.S. Ch. 35 (relating to uniform military and overseas voters)

may submit an application using a method authorized under 25

Pa.C.S. Ch. 35, in addition to the methods authorized in this

article.

(d) The application of any qualified elector, as defined in

preceding section 1301, subsections [(b)] (a) to (h), inclusive,

for an official absentee ballot in any primary or election shall

be signed by the applicant[.], except that for electors under

section 1301(a), an adult member of the applicant's immediate

family may sign the application on the elector's behalf.

* * *

(e.1) Any qualified registered elector[, including any

qualified bedridden or hospitalized veteran,] who is unable

because of illness or physical disability to attend his polling

place on the day of any primary or election or operate a voting

machine and state distinctly and audibly that he is unable to do

so as required by section 1218 of this act may, with the

certification by his attending physician that he is permanently

disabled, and physically unable to attend the polls or operate a

voting machine and make the distinct and audible statement

required by section 1218 appended to the application hereinbefore

required, be placed on a permanently disabled absentee ballot list

file. An absentee ballot application shall be mailed to every such

person [for each primary or election] otherwise eligible to

receive one, by the first Monday in February each year, so long as

he does not lose his voting rights by failure to vote as otherwise

required by this act. Such person shall not be required to file a

physician's certificate of disabi

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