PRINTER'S NO. 1355 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.1207 Session of 2025 INTRODUCED BY ZIMMERMAN, B. MILLER, JAMES, HAMM, GAYDOS, PICKETT, KAUFFMAN, FINK AND T. JONES, APRIL 15, 2025 REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2025 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 the Secretary of the Commonwealth, further providing for powers and duties of the Secretary of the Commonwealth and for explanation of ballot question and providing for wording of ballot question; in dates of elections and primaries and special elections, further providing for elections on proposed constitutional amendments; in ballots, further providing for form of official election ballot; in voting machines, further providing for form of ballot labels on voting machines; and, in preparation for and conduct of primaries and elections, further providing for publishing constitutional amendments. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Sections 201(c) and 201.1 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, are amended to read: Section 201. Powers and Duties of the Secretary of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Commonwealth.--The Secretary of the Commonwealth shall exercise in the manner provided by this act all powers granted to him by this act, and shall perform all the duties imposed upon him by this act, which shall include the following: * * * (c) To certify to county boards of elections for primaries and elections the names of the candidates for President and Vice-President of the United States, presidential electors, United States senators, representatives in Congress and all State offices, including senators, representatives, and judges of all courts of record, and delegates and alternate delegates to National Conventions, and members of State committees, and the form and wording of constitutional amendments , as prescribed under section 201.2, or other questions to be submitted to the electors of the State at large. * * * Section 201.1. Explanation of Ballot Question.-- (a) Whenever a proposed constitutional amendment or other State-wide ballot question shall be submitted to the electors of the Commonwealth in referendum, the [ Attorney General] Legislative Reference Bureau shall prepare a statement in plain English which indicates the purpose, limitations and effects of the ballot question on the people of the Commonwealth. The Legislative Reference Bureau shall publish the statement in the Pennsylvania Bulletin and transmit the statement to the Secretary of the Commonwealth. (b) The Secretary of the Commonwealth shall include [ such statement in his] the statement under subsection (a) in the publication of a proposed constitutional amendment as required by Article XI of the Constitution of Pennsylvania. 20250HB1207PN1355 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (c) The Secretary of the Commonwealth shall certify [ such statement] the statement under subsection (a) to the county boards of elections who shall publish [ such] the statement as a part of the notice of elections required by section 1201 or any other provision of this act. (d) The county board of elections shall also require that at least three copies of [ such statement] the statement under subsection (a) be posted in or about the voting room outside the enclosed space with the specimen ballots and other instructions and notices of penalties. (e) In election questions which affect only one county or portion thereof, the county board of elections shall fulfill these requirements in the place of the [ Attorney General] Legislative Reference Bureau and the Secretary of the Commonwealth. Section 2. The act is amended by adding a section to read: Section 201.2. Wording of Ballot Question.--Unless the General Assembly prescribes otherwise with respect to a particular proposed amendment or amendments through the enactment of a statute, concurrent resolution or joint resolution, the Legislative Reference Bureau shall prescribe the wording of the question to be posed to the electors, publish the wording of the question in the next available issue of the Pennsylvania Bulletin and transmit the wording of the question to the Secretary of the Commonwealth. Section 3. Sections 605, 1003(g), 1110(b) and 1201.2 of the act are amended to read: Section 605. Elections on Proposed Constitutional Amendments.--Unless the General Assembly shall prescribe otherwise with respect to any particular proposed amendment or 20250HB1207PN1355 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 amendments and the manner and time of submitting to the qualified electors of the State any proposed amendment or amendments to the Constitution for the purpose of ascertaining whether the same shall be approved by a majority of those voting thereon, the said amendment or amendments which have heretofore, or which may hereafter be proposed, and which have not been submitted to the qualified electors of the State, shall be submitted to the qualified electors of the State for the purpose aforesaid, at the first municipal or general election at which such amendment or amendments may be legally submitted to the electors, which election shall occur at least three months after the date upon which such proposed amendment or amendments shall have been agreed to for the second time by a majority of the members elected to each house of the General Assembly, as provided in Article Eighteen, section one of the Constitution. Said election shall be conducted on said election day in the manner prescribed by the provisions of this act. Such proposed constitutional amendments shall be printed on the ballots or ballot labels in brief form to be determined by the Secretary of the Commonwealth with the approval of the Attorney General. The wording of the question shall be as prescribed under section 201.2. Section 1003. Form of Official Election Ballot.-- * * * (g) The official ballots shall vary in form only as the names of districts, offices, candidates or the provisions of this act may require. When constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices, 20250HB1207PN1355 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 and, when required by law, shall be so printed. Constitutional amendments so submitted shall be printed in brief form, to be determined by the Secretary of the Commonwealth and as prescribed under section 201.2 , and other questions so submitted shall be printed in brief form, to be determined by the Secretary of the Commonwealth in the case of questions to be voted on by the electors of the State at large and as prescribed under section 201.2, and by the county boards in other cases. To the right of each question there shall be placed the words "yes" and "no," together with appropriate squares to the right of each for the convenient insertion of a cross mark. Section 1110. Form of Ballot Labels on Voting Machines.-- * * * (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party, or question, to be voted on, shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than seventy-five words, to be determined by the Secretary of the Commonwealth in the case of constitutional amendments or other questions to be voted on by the electors of the State at large and as prescribed under section 201.2 , and by the county election board in other cases. * * * Section 1201.2. Publishing Constitutional Amendments.-- (a) In accordance with the requirements of section 1 of Article XI of the Constitution of Pennsylvania, the Secretary of the Commonwealth shall cause to have published in the manner prescribed all proposed amendments to the Constitution of 20250HB1207PN1355 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Pennsylvania. A publication under this subsection shall also include the wording of the ballot question transmitted to the Secretary of the Commonwealth under section 201.2. (b) Whenever a proposed constitutional amendment or other State-wide ballot question is submitted to the electors of the Commonwealth in referendum, the Secretary of the Commonwealth shall cause the explanation of the ballot question transmitted to the Secretary of the Commonwealth under section 201.1 to be included with the publication under subsection (a). (c) As much of the money, from time to time, in the General Fund as shall be deemed necessary by the Governor is hereby appropriated to the Department of State to pay the costs of [such] publications under this section. Section 4. This act shall take effect in 60 days. 20250HB1207PN1355 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14