Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 95.53. Procedures for mail ballot elections.

§ 95.53. Procedures for mail ballot elections.

 (a)  Ballot packet. Each eligible voter will be mailed a packet containing a ballot, a ballot envelope, a preaddressed stamped return envelope and instructions. The return envelopes will have a key number assigned to each voter to assist identification at the ballot count.

 (b)  Instructions. The instructions will direct the voter to mark the ballot in secret placing an ‘‘X’’ in the square of the desired choice without identifying the voter. The ballot shall then be folded, inserted into the ballot envelope, the ballot envelope sealed and inserted into the return envelope. The return envelope shall be sealed and the voter shall sign his name in the box provided on the reverse of the sealed return envelope. The instructions will also advise the voter of the date, established in the election order, by which return envelopes must be received by the Board to be canvassed.

 (c)  Duplicate packets. The posted election order will advise voters of a date by which voters who do not receive an election packet should contact the Board at the address or telephone number provided to receive a duplicate packet. The duplicate packets will contain the materials referenced in subsection (a) and be key numbered to prevent casting of more than one ballot by a voter.

 (d)  Ballot count. Returned ballots will be kept secure by the Board and remain unopened in their return envelopes until the date set for counting the ballots. Either by mail before the ballot count, with a copy to all parties, or at the ballot count, each party and the Board shall have an opportunity to challenge any ballots prior to the opening of the return envelopes. Appropriately challenged ballots will not be tallied and will remain in their return envelopes for subsequent proceedings and identification if necessary. Ballots which have not been challenged will be compared to the eligibility list, removed from the return envelope and the return envelopes destroyed. The ballots will then be commingled while remaining sealed in ballot envelopes. The ballot envelopes will then be opened and the results tabulated.

Authority

   The provisions of this §  95.53 amended under section 502 of the Public Employe Relations Act (43 P. S. §  1101.502); section 4(f) of the Pennsylvania Labor Relations Act (43 P. S. §  211.4(f)); and the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § §  271.1—271.12).

Source

   The provisions of this §  95.53 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2182. Immediately preceding text appears at serial page (174941).

Cross References

   This section cited in 34 Pa. Code §  93.18 (relating to elections).



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