PRINTER'S NO. 1365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1217
Session of
2025
INTRODUCED BY GROVE, CUTLER, STENDER, KAUFFMAN, ROWE, SMITH AND
JAMES, 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," as follows:
in preliminary provisions, further providing for definitions,
repealing provisions relating to public funding of
elections, providing for legislative authority over
elections, establishing the Bureau of Election Audits and
providing for special standing in challenges to the
Election Code;
in the Secretary of the Commonwealth, further providing for
powers and duties of the Secretary of the Commonwealth
and providing for reports on implementation of elections;
in county boards of elections, further providing for powers
and duties of county boards and providing fo r county
boards of elections and satellite offices;
in district election officers, further providing for district
election boards and election, for qualifications of
election officers, for tie votes for judge and inspector,
for clerks of election and machine inspectors, for
vacancies in election boards, appointment, judge and
majority inspector to be members of majority party and
minority inspector to be member of minority party, for
election officers to be sworn, for oath of judge of
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31 election, for oaths of inspectors of election, for oaths
of clerks of election, for oath of machine inspectors,
for power of election officers to administer oaths , for
compensation of district election officers and for
appointment of watchers;
in election districts and polling places, further providing
for polling places to be selected by county board, for
public buildings to be used where possible and portable
polling places and for temporary polling places;
providing for registration of electors;
in ballots, further providing for form of official election
ballot and for number of ballots to be printed and
specimen ballots;
in voting machines, further providing for examination and
approval of voting machines by the Secretary of the
Commonwealth, for requirements of voting machines, for
preparation of voting machines by county election boards
and for delivery of voting machines and supplies by
county election boards to election officers;
in electronic voting systems, further providing for
experimental use of electronic voting systems and for
statistical sample and providing for requirements of
accessible voting machines and for voting system defects,
disclosure, investigations and penalties;
repealing provisions relating to voting apparatus bonds;
providing for election equipment funding;
in preparation for and conduct of primaries and elections,
providing for voter's bill of rights, for senior voter's
bill of rights and for disabled voter's bill of rights
and further providing for delivery of ballots and
supplies to judges of election, for time for opening and
closing polls, for opening of polls, posting cards of
instruction and notices of penalties and voters' rights
and examination of voting machines, for manner of
applying to vote, persons entitled to vote, voter's
certificates, entries to be made in district register,
numbered lists of voters and challenges, for assistance
in voting and for deadline for receipt of valid voter
registration application and providing for prohibitions ;
in voting by qualified absentee electors, further providing
for applications for official absentee ballots , for date
of application for absentee ballot, for delivering or
mailing ballots and for voting by absentee electors,
providing for supervised voting by qualified absentee
electors in certain facilities and further providing for
canvassing of official absentee ballots and mail-in
ballots;
in voting by qualified mail-in electors, further providing
for applications for official mail-in ballots, for date
of application for mail-in ballot, for delivering or
mailing ballots and for voting by mail-in electors;
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51 in Pennsylvania Election Law Advisory Board, further
providing for Pennsylvania Election Law Advisory Board;
providing for early voting by qualified electors;
in returns of primaries and elections, further providing for
returns to be open to public inspection and exceptio ns
and for computation of returns by county board,
certification and issuance of certificates of electio n;
repealing provisions relating to Election Integrity Grant
Program;
in recounts and contests, providing for p owers and duties of
the Attorney General relating to elections and for powers
and duties of district attorneys relating to elections;
in penalties, further providing for d isobeying lawful
instructions, for perjury, for false affidavits of
candidates, for refusal to permit inspection of papers,
destruction or removal and Secretary of the Commonwealth,
for refusal to permit inspection of papers, destruction
or removal and county boards of elections, for insertion
and alteration of entries in documents, removal and
refusal to deliver, for refusal to permit overseers,
watchers, attorneys or candidates to act, for driving
away watchers, attorneys, candidates or overseers, for
refusal to permit election officers, clerks and machine
inspectors to act and driving away said persons, for
refusal to administer oath and acting without being
sworn, for violation of oath of office by election
officers, for peace officers, failure to render
assistance and hindering or delaying county board members
and others, for nomination petitions and papers and
offenses by signers, for false signatures and statements
in nomination petitions and papers, for nomination
petitions, certificates and papers, destruction,
fraudulent filing and suppression, for offenses by
printers of ballots, for unlawful possession of ballots
and counterfeiting ballots, for forging and destroying
ballots, for tampering with voting machines, for
destroying, defacing or removing notices, et cetera, for
police officers at polling places, for peace officer,
failure to quell disturbances at polls and hindering or
delaying election officers and others, for election
officers permitting unregistered electors to vote,
challenges and refusing to permit qualified electors to
vote, for election officers refusing to permit elector to
vote in proper party at primaries, for frauds by election
officers, for prying into ballots, for interference with
primaries and elections, frauds and conspiracy, for
persons interfering in other districts, for assault and
battery at polls, for unlawful assistance in voting, for
election officers permitting unlawful assistance, for
failure to keep and return record of assisted voters, for
unlawful voting, for elector voting ballot of wrong party
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51 at primary, for repeat voting at elections, for removing
ballots, for commissioners to take soldiers' votes, for
fraudulent voting by soldiers, for bribery at elections,
for receipts and disbursements of primary and election
expenses by persons other than candidates and treasurers,
for receipts of primary and election expenses by
unauthorized persons, for contributions by corporations
or unincorporated associations, for failure to file
expense account, for prohibiting duress and intimidation
of voters and interference with the free exercise of the
elective franchise, for failure to perform duty, for
hindering or delaying performance of duty, for violation
of any provision of act and for violations of provisions
relating to absentee and mail-in ballots and repealing
provisions relating to violation of public funding of
elections and providing for unlawful collection of
ballots and for prohibiting duress and intimidation of
elections officials;
providing for reimbursements and withholding; and
making an appropriation and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(e) and (z.5) of the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are amended and the section is amended by adding
subsections 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:
* * *
(e) The words "district register" shall mean the [ cards]
electronic poll book containing all or any part of the registry
list of qualified electors of the same election district, as
prepared by the registration commissions.
* * *
(z.5) The words "proof of identification" shall mean:
[(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
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38 a valid-without-photo identification card issued by the
Department of Transportation.
(2) For an elector who appears to vote under section 1210, a
document that:
(i) shows the name of the individual to whom the document
was issued and the name substantially conforms to the name of
the individual as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date and is not expired,
except:
(A) for a document issued by the Department of
Transportation which is not more than twelve (12) months past
the expiration date; or
(B) in the case of a document from an agency of the Armed
forces of the United States or their reserve components,
including the Pennsylvania National Guard, establishing that the
elector is a current member of or a veteran of the United States
Armed Forces or National Guard which does not designate a
specific date on which the document expires, but includes a
designation that the expiration date is indefinite; and
(iv) was issued by one of the following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employee of
that municipality.
(D) An accredited Pennsylvania public or private institution
of higher learning.
(E) A Pennsylvania care facility.
(3) For a qualified absentee elector under section 1301 or a
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30 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). ]
(1) In the case of any elector, at least one of the
following:
(i) the elector's driver's license;
(ii) in the case of an elector who has a religious objection
to being photographed, a copy of a valid-without-photo driver's
license or a valid-without-photo identification card issued by
the Department of Transportation;
(iii) the elector's voter registration card with scannable
identification number and a copy of the elector's signature, as
issued by a county under section 302;
(iv) a document from an agency of the armed forces of the
United States or their reserve components, including the
Pennsylvania National Guard, establishing that the elector is a
current member of or a veteran of the United States Armed Forces
or National Guard which does not designate a specific date on
which the document expires, but includes a designation that that
expiration date is indefinite;
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30 (v) a document issued by the secretary under section 201(n);
(vi) an affidavit provided to an elector by elections
officers, on which the elector shall affirm his or her identity,
including his or her signature and the last four digits of his
or her Social Security number. The affidavit shall include
disclosure of the penalties under section 1802; or
(vii) a document that shows the name and photograph of the
individual to whom the document was issued, includes an
expiration date and is not expired and is issued by one of the
following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employee of
that municipality.
(D) An accredited public or private institution of higher
learning located in this Commonwealth.
(E) A care facility located in this Commonwealth.
(2) (Reserved).
* * *
(z.7) The words "ballot-comparison risk-limiting audit"
shall mean a statistical audit that compares the interpretation
of individual ballots according to the voting system to a human
interpretation of the same individual ballots.
(z.8) The words "risk limit" shall mean the maximum chance
that an audit will not progress to a full hand recount if the
voting system record is incorrect.
(z.9) The words "ballot-polling risk-limiting audit" shall
mean a statistical audit that selects ballots at random and
interprets the ballots by hand until there is strong evidence
that the recorded outcome in an election is correct, or until
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30 all the votes have been counted by hand.
(z.10) The words "care facility" shall mean any of the
following:
(1) A long-term care nursing facility as defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
"Health Care Facilities Act."
(2) An assisted living residence or a personal care home as
defined in section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the "Human Services Code."
Section 2. Section 107 of the act is repealed:
[Section 107. Public Funding of Elections.--(a) The cost
and expense to State and local governments relating to the
registration of voters and the preparation, administration and
conduct of elections in this Commonwealth shall be funded only
upon lawful appropriation of the Federal, State and local
governments, and the source of funding shall be limited to money
derived from taxes, fees and other sources of public revenue.
(b) State and local governments, including their public
officers, public officials, employees and agents, acting in
their official capacity, may not solicit, apply for, enter into
a contract for or receive or expend gifts, donations, grants or
funding from any individual, business, organization, trust,
foundation, or any nongovernmental entity for the registration
of voters or the preparation, administration or conducting of an
election in this Commonwealth.
(c) This section shall not be construed to apply to the
collection of fees authorized by law or to the donation or use
of:
(1) a location for voting purposes;
(2) services that are provided without remuneration; or
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30 (3) goods that have a nominal value of less than one hundred
($100) dollars.]
Section 3. The act is amended by adding sections to read:
Section 108. Legislative Authority Over Elections.--Section
5 of Article I of the Constitution of the United States and
Article VII of the Constitution of Pennsylvania vest authority
for prescribing election law in the General Assembly.
Section 109. Bureau of Election Audits.--(a) The Bureau of
Election Audits is established in the Department of the Auditor
General. The Bureau of Election Audits shall have subpoena power
to request from the department or a county any documents,
records, papers, data, ballots, election materials or testimony
necessary for the efficient completion of the audits required
under this section.
(b) The Auditor General shall conduct independent election
audits in accordance with generally accepted governmental audit
standards and appropriate service organization control standards
and shall ensure that the audit methodology will verify the
accuracy of the election and the accuracy of election equipment
used.
(c) For audits that occur during an election year in which
the Auditor General stands for election , the Auditor General
shall appoint an independent special auditor who shall be a
licensed certified public accountant and shall have experience
in completing election audits to oversee the operation of the
Bureau of Election Audits.
(d) The Bureau of Election Audits shall ensure continuous
improvement of the election audits required under this section
to ensure the accuracy of election results and compliance with
Federal and State laws.
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30 (e) The duties of the Bureau of Election Audits shall
include:
(1) Except if a full manual recount of an election is
undertaken or an election is uncontested, to conduct result-
confirming audits of each election in this Commonwealth,
completed by the third Friday following the election. The audits
shall include:
(i) A statistically sound, ballot-comparison risk-limiting
audit or ballot-polling risk-limiting audit of ballots for an
election, as provided under section 1117-A, unless a full manual
recount of the election is conducted.
(ii) An audit of election machine logs.
(iii) An audit of the returned absentee and mail-in ballots
in each county, including a comparison of retained envelopes on
which the executed declarations appear, for mail-in and absentee
ballots, secrecy envelopes and the total number of absentee and
mail-in ballots canvassed.
(iv) An audit comparing each canvassed and retained paper
ballot in each county with the number of votes recorded.
(v) An audit of the pre-election testing of election
equipment conducted by each county.
(vi) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the outcome of each
election.
(2) To conduct performance audits of the operations of
elections systems and processes at least once every five years.
The audits shall include:
(i) An audit of each county election office in this
Commonwealth.
(ii) An audit of the Department of State's election
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30 equipment certification process.
(iii) An audit of the Statewide Uniform Registry of Electors
system, including an audit of the accuracy of the list of
registered electors.
(iv) An audit of the Department of State's administration of
elections.
(v) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the election
administration in this Commonwealth.
(3) To publicly post audit methodologies for each of the
audits required under this section, including on the Auditor
General's publicly accessible Internet website and the
Department of State's publicly accessible Internet website.
(4) To publicly post the results of each audit required
under this section, including on the Auditor General's publicly
accessible Internet website, the Department of State's publicly
accessible Internet website and each county's publicly
accessible Internet website.
(5) To monitor corrective action plans developed by entities
audited under this section, ensuring that the corrective action
plan addresses deficiencies identified by an audit and that the
plan is successfully executed to remediate deficiencies.
(f) The duties of the county board of elections shall
include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of audits required under subsection (d).
(2) Cooperating with the Bureau of Election Audits to post
the results of audits conducted in that county as required under
subsection (e)(4).
(3) Holding a public meeting between the third Saturday
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30 after an election and the fourth Thursday after an election, at
which the board shall make publicly available to the residents
of the county the results of audits conducted under subsection
(d).
(4) Submitting to the Department of State, along with the
certified results of the election, a report with the results of
the audits conducted under subsection (e)(3). The report shall
include the following:
(i) The overall accuracy of election results as confirmed by
the audits under subsection (e)(3).
(ii) A description of any problem or discrepancies
encountered in the administration of the election.
(iii) The identified causes of any problems or
discrepancies.
(5) Submitting to the Department of State, within ninety
(90) days after any election, recommended corrective actions
with respect to avoiding or mitigating any problems or
discrepancies in future elections.
(6) Developing a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
(g) The duties of the Department of State shall include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of each audit required under subsection (e).
(2) Cooperating with the Bureau of Election Audits to post
the methodologies and results of audits conducted in this
Commonwealth as required under subsection (e)(3) and (4).
(3) To develop a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
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30 Section 110. Special Standing in Challenges to the Election
Code.--(a) In a judicial proceeding in which all or part of
this act is alleged to be unconstitutional, either or both
chambers of the General Assembly, subject to subsection (b),
shall have special standing to intervene as a party in the
action and to defend the act.
(b) The following shall apply:
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Subcommittee on Management Operation as provided under
section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the "Legislative Officers and Employes
Law."
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require a
majority vote by the House of Representatives.
(c) Intervention by either or both chambers of the General
Assembly under this section shall not constitute a waiver of
sovereign immunity, legislative privilege or other privilege or
immunity.
(d) This section shall not make either or both chambers of
the General Assembly a necessary or indispensable party to an
action. A party to an action may not name either or both
chambers of the General Assembly as a party or move to join
either or both chambers of the General Assembly as a party based
on this section.
(e) Nothing in this section shall be construed to limit the
standing of either or both chambers or an individual member of
the General Assembly in a judicial proceeding in which the
subject matter relates to specific powers unique to a
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30 legislator's functions under the Constitution of Pennsylvania
being diminished or impaired.
Section 4. Section 201(f), (f.1) and (g) of the act are
amended and the section is amended by adding subsections to
read:
Section 201. Powers and Duties of the Secretary of the
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:
* * *
(f) To receive from county boards of elections the returns
of primaries and elections, to canvass and compute the votes
cast for candidates and upon questions as required by the
provisions of this act; to proclaim the results of such
primaries and elections within three days after receipt of
returns from all counties , and to issue certificates of election
to the successful candidates at such elections, except in cases
where that duty is imposed by law on another officer or board.
[(f.1) To develop a voluntary professional certification and
poll worker training program for county election officials in
consultation with county boards of elections. ]
* * *
(g) To perform only such other duties relating to elections
as [may be prescribed by law. ] authorized by this act or by 25
Pa.C.S. (relating to elections). Any actions or duties relating
to elections not explicitly authorized by this act or by 25
Pa.C.S. are prohibited.
* * *
(i) To obtain and maintain uniformity in the interpretation
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30 and implementation of election laws.
(j) To provide uniform standards for the proper, accurate
and uniform implementation of voter registration laws and
records.
(k) To actively seek out and collect the data and statistics
necessary to knowledgeably scrutinize the effectiveness of
election laws.
(l) To provide technical assistance to election directors.
(m) To maintain a hotline for the reporting of any known or
suspected election fraud or intimidation or duress of poll
workers, judges of elections, election officials or election
observers, and to provide election fraud education to the
public.
(n) To provide to any registered elector upon request, and
free of charge, a durable photo identification card which may be
used for the purposes of voting.
(o) To transmit to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin by December 31 of each
odd-numbered year the official instructions and procedures
manual prescribed by the Pennsylvania Election Law Advisory
Board.
(p) To receive any private donations intended to contribute
to election administration or voter education in this
Commonwealth, and to distribute the funds, or any public funds
used for the purposes of voter education, equally across this
Commonwealth based upon the most recent census estimate of
citizen voting age population. A distribution of private funds
must be approved by the Pennsylvania Election Law Advisory
Board.
(q) To maintain a publicly accessible Internet website using
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30 a .gov domain name, on which the secretary shall post
information required by this act. The website shall additionally
adhere to generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To retain and make publicly available any communications
relating to election administration and sent between the
department and at least three county election directors.
(s) To develop a uniform application for registered electors
to update their signature of record or to provide a medical
doctor's assessment of signature inconsistency due to a medical
condition.
(t) To cooperate with an independent prosecutor appointed by
the Attorney General for each election cycle to review election
complaints received by the secretary and the county boards of
elections.
(u) To publish on the department's publicly accessible
Internet website the list of registered electors in each county
and Statewide, at least five days prior to an election.
(v) To reimburse counties for the cost of annual training
required under section 1302-E.
(w) To create and publish, prior to the proclamation of
results in a primary or election, a combined record of the
registered electors in this Commonwealth as of the date of the
primary or election, together with the record of participation
in the primary or election by each registered elector, submitted
by counties under this act. The record shall be published on the
department's publicly accessible Internet website, made
available upon request to any elector and retained for a period
of five years. A physical copy of the record required under this
subsection must be created, dated and retained for a period of
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(x) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in records), to seek a record of all deaths
among residents of this Commonwealth, and each month to compare
the records with the list of electors in the Statewide Uniform
Registry of Electors, and for any elector found to be deceased,
to notify the elector's county of residence.
(y) In addition to the requirements of 25 Pa.C.S. Ch. 15, to
fully participate in the Electronic Registration Information
Center and to utilize all available information received through
that system and through the National Change of Address Program
of the United States Postal Service to ensure the accuracy of
the Statewide Uniform Registry of Electors and the continued
eligibility of all registered electors in this Commonwealth.
(z) To receive from counties a monthly report of any newly
registered elector who was previously registered in another
state and to notify the chief elections administrator in that
state of the elector's registration in this Commonwealth.
(z.1) To create and maintain a tracking system for each
qualified mail-in or absentee elector to track the status of an
application for a mail-in or absentee ballot, the date on which
an elector's ballot is prepared, the date on which an elector's
ballot is mailed, the date on which an elector's ballot is
received and the date on which an elector's ballot is pre-
canvassed or canvassed.
(z.2) To develop and offer the training prescribed by the
Election Law Advisory Board under section 1302-E, and to make
such training available free of charge to any individual
required to complete the training.
Section 5. The act is amended by adding a section to read:
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30 Section 209. Reports on Implementation of Elections.--(a)
No later than 75 days after an election, the Bureau of
Commissions, Elections and Legislation of the Department of
State shall issue a report to 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. A copy of the report shall also be made
available on the Department of State's publicly accessible
Internet website.
(b) The report under subsection (a) shall include only the
following information relating to the administration of the
election by the Department of State, a county board of elections
or a registration commission established under 25 Pa.C.S. ยง
1203(a) (relating to commissions):
(1) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
received by the county board of elections.
(2) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were received
by the county board of elections.
(3) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were approved
by the county board of elections.
(5) For each county and the sum for this Commonwealth, the
number of absentee ballots which were voted by qualified
electors.
(6) For each county and the sum for this Commonwealth, the
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30 number of mail-in ballots which were voted by qualified
electors.
(7) For each county and the sum for this Commonwealth, the
number of provisional ballots cast under section 1210(a.4).
(8) For each county and the sum for this Commonwealth, the
number of qualified electors voting by a provisional ballot
under section 1306(b)(2).
(9) For each county and the sum for this Commonwealth, the
number of qualified electors voting by provisional ballot under
section 1306-D(b)(2).
(10) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (7) which were
canvassed.
(11) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (8) which were
canvassed.
(12) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (9) which were
canvassed.
(13) (Reserved).
(14) For each county and the sum for this Commonwealth, the
number of polling places in school buildings.
(15) For each county, the date, starting time and ending
time that the county board of elections met to pre-canvass
absentee ballots and mail-in ballots under section 1308(g)(1.1).
(16) For each county, the date, starting time and ending
time that the county board of elections met to canvass absentee
ballots and mail-in ballots under section 1308(g)(2).
(17) For each county and the sum for this Commonwealth, the
number of absentee ballots which were challenged under section
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30 1302.2(c).
(18) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were challenged under this act.
(19) For each county and the sum for this Commonwealth, the
number of absentee ballots subject to challenges under paragraph
(17) which were not canvassed.
(20) For each county and the sum for this Commonwealth, the
number of mail-in ballots subject to challenges under paragraph
(18) which were not canvassed.
(21) The number of incidents known to the Department of
State, county boards of elections or registration commissions
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to
the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by
an individual other than the individual who applied for the
absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means other than
permitted by law.
(22) To the extent consistent with Federal and State law, a
review of any action taken by the Department of State, county
board of elections or registration commissions in response to an
incident under paragraph (21), including determinations made on
the incident, legal actions filed and referrals to law
enforcement.
(23) A review of issues or incidents encountered with an
electronic voting system that received the approval of the
Secretary of the Commonwealth under section 1105-A, including
technical issues encountered at polling places.
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30 (c) The Department of State shall develop a process to
collect data required to be included in the report under
subsection (b) from each county board of elections which
conducts an election and each registration commission under 25
Pa.C.S. Pt. IV (relating to voter registration) in a county
which conducts an election, as applicable. A county board of
elections or registration commission under this subsection shall
comply with the process for submission of data under this
subsection no later than 60 days after an election.
Section 6. Section 302(f), (k) and (m) of the act are
amended and the section is amended by adding subsections to
read:
Section 302. Powers and Duties of County Boards.--The county
boards of elections, within their respective counties, shall
exercise, in the manner provided by this act, all powers granted
to them by this act, and shall perform all the duties imposed
upon them by this act, which shall include the following:
* * *
(f) [To make and issue such rules, regulations and
instructions, not inconsistent with law, as they may deem
necessary for the guidance of voting machine custodians,
elections officers and electors. ] To follow and obey rules,
regulations and instructions as are included for each election
in the manual of operations published under section 201. Any
actions or duties relating to elections not explicitly
authorized by this act or by 25 Pa.C.S. (relating to elections)
or by the manual of operations published under section 201 are
prohibited.
* * *
(k) To receive from district election officers the returns
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30 of all primaries and elections, to canvass and compute the same,
and to certify, no later than the [ third Monday] fourth Fr iday
following the primary or election, the results thereof to the
Secretary of the Commonwealth, as may be provided by law, and to
such other authorities as may be provided by law. The
certification shall include the number of votes received in each
election district by each candidate for the General Assembly[ .]
and a complete record of each registered elector in the county
on the date of the election, including which registered electors
are recorded as participating in that election and the article
of this act under which each elector voted.
* * *
(m) To prepare and submit, [ not later than five days prior
to] within twenty days after the last day to register to vote in
each primary, municipal and general election, a report to the
Secretary of the Commonwealth in the form prescribed by him,
which shall contain a statement of the total number of electors
registered in each election district, together with a breakdown
of registration by each political party or other designation.
Copies of said statement shall be furnished, upon request, to
the county chairman of each political party and political
body[.] and shall be posted to the county board of election's
publicly accessible Internet website. The Secretary of the
Commonwealth shall forthwith submit such information to the
Legislative Data Processing Center and shall publicly report the
total number of registered electors for each political party or
other designation in each county [ prior to election day. ] not
later than five days prior to the primary, municipal or general
election.
* * *
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30 (q) To maintain a publicly accessible Internet website using
a .gov domain name. The website shall additionally adhere to
generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To decline to accept any private donation or
contribution for the purposes of operating elections, employing
staff or selecting and equipping a polling place or for use in
voter education, unless received from the secretary under a
distribution provided for in section 201(p) .
(s) To provide to each registered elector in a county,
within one year of the effective date of this subsection and
upon new or updated registration after the effective date of
this subsection, or at the request of an elector, a durable
voter registration card, including a scannable identification
code and a likeness of a registered elector's signature. A
county board of elections shall investigate the circumstances of
any registration card returned as undeliverable by the United
States Postal Service. The investigation shall include
contacting the applicant, further attempts to have his or her
registration card delivered and the correction or
reconsideration of his or her registration status and registered
address, if they are found to be incorrect.
(t) To capture and store signatures submitted by an elector
for use in matching an elector's signature under the
requirements of this act.
(u) To implement the minimum voter education standards
established under section 1302-E and to conduct additional
nonpartisan education efforts as necessary to ensure that
electors have a working knowledge of the voting process.
(v) To report to the Pennsylvania Election Law Advisory
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30 Board, by December 31 of each general election year, a detailed
description of the voter education programs implemented and any
other information that may be useful in evaluating the
effectiveness of voter education.
(w) To purchase electronic poll books for use as the
district register in each election district within one year
after the effective date of this subsection. The electronic poll
books must provide an elector with the ability to scan his or
her driver's license or his or her voter registration card in
order to have his or her eligibility to vote verified, and must
have a means for an elector to electronically record his or her
signature. Notwithstanding any other provision of this act, for
elections held within one year of the effective date of this
subsection, paper district register cards may still be utilized
by any county. After the purchase of electronic poll books,
paper district register cards may be retained for use in the
event of an unforeseen issue in using electronic poll books at
an election.
(x) To provide each election district with at least one
accessible voting machine approved by the secretary under this
act.
(y) To publish at each polling place the voter's bill of
rights, senior voter's bill of rights and disabled voter's bill
of rights established by this act.
(z) To provide copies of the voter's bill of rights, senior
voter's bill of rights and disabled voter's bill of rights
during the process of supervised voting established by this act.
(z.1) To review any polling place where voters waited longer
than 30 minutes to cast a ballot and to identify and enact plans
to alleviate any such waiting time for future elections.
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30 (z.2) For counties with a population of fewer than 100,000
at the time of the most recent Federal decennial census, to
collaborate with other counties to share resources or property
required for the administration of voting by absentee and mail-
in electors. The collaboration is not required and participation
in any resource sharing shall be at the discretion of each
county board.
(z.3) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in records), to seek a record of all deaths
among residents of the county and each month to compare the
records with the list of registered electors in the county. A
registered elector whose first and last name, date of birth and
last four digits of the elector's Social Security number are
found on a death record shall be subject to immediate removal
from the Statewide Uniform Registry of Electors. The local
commission shall notify the elector by mail of its action.
(z.4) To enter into an agreement with the Unified Judicial
System of Pennsylvania to receive a record of any county
resident who claims ineligibility for service as a juror under
42 Pa.C.S. ยง 4502 (relating to qualifications of jurors) and to
investigate the registration status of any registered elector
who claimed ineligibility to serve as a juror on the basis of a
lack of citizenship.
(z.5) To cooperate with the Department of State to any
degree necessary in the creation of the system required under
section 201(z.1).
(z.6) To cooperate with the election integrity officer
appointed in the county under section 1779, and to include the
election integrity officer in all correspondence related to the
conduct of the election.
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30 (z.7) As follows:
(1) To pre-canvass or canvass all mail-in and absentee
ballots received prior to election day by no later than nine o'
clock P. M. on election day.
(2) To canvass all mail-in and absentee ballots received on
election day and prior to eight o'clock P. M. by no later than
two o'clock A. M. on the day following the election.
(3) To compute all returns from each precinct, with the
exception of provisional ballots, and all canvassed mail-in or
absentee ballots, with the exception of ballots set aside for a
determination of compliance with this act, by no later than six
o'clock A. M. on the day following the election.
(4) A county may receive no reimbursements under this act
for an election in which the deadlines under this subsection are
not met.
(5) Ballots returned by qualified absentee military or
overseas electors shall not be subject to the deadlines in this
subsection.
Section 7. The act is amended by adding a section to read:
Section 313. County Boards of Elections and Satellite
Offices.--In addition to the permanent offices operated by any
county board of elections, the board may, as necessary,
establish additional satellite election offices if the satellite
election office established under this section complies with the
following requirements:
(a) A satellite election office must meet the requirements
for and be subject to the same restrictions as a polling place
under this act.
(b) A satellite election office must offer the same services
and capabilities as the permanent offices maintained by the
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30 county board of elections.
(c) A satellite election office must be operated by paid
staff of the county board of elections.
(d) A board establishing satellite election offices must
ensure that the locations of the offices are geographically
distributed across the county.
(e) A satellite election office must be established within a
permanent building. For purposes of this section, a permanent
building is any existing structure not temporarily erected for
use as a satellite election office.
(f) The location and hours of operation of a satellite
election office shall be published under section 106 at least 30
days prior to its establishment.
(g) After the establishment of in-person early voting under
Article XIII-F, a satellite election office may only be
established at the same premises as early voting locations in a
county.
Section 8. Sections 401, 402, 403, 404, 405, 406, 407, 408,
409, 410, 411, 412.2, 417(b), 526, 527 and 528 of the act are
amended to read:
Section 401. District Election Boards; Election.-- (a) All
primaries and elections shall be conducted in each election
district by a district election board consisting of a judge of
election, a majority inspector of election and a minority
inspector of election, assisted by two clerks and machine
inspectors [in certain cases, as hereinafter provided ] as
provided in this act . The judge and inspectors of election of
each election district shall be elected [ by the electors
thereof] at the municipal election[ ,] and shall hold office for
a term of four years from the first Monday of January next
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30 succeeding [their] the election. Each elector may vote for one
[person] individual as judge and for one [ person] individual as
inspector[, and the person]. The individual receiving the
highest number of votes for judge shall be declared elected
judge of election, the [ person] individual receiving the highest
number of votes for inspector shall be declared elected majority
inspector of election[ , and the person] and the individual
receiving the second highest number of votes for inspector shall
be declared elected minority inspector of election.
(b) The county board shall fill all vacancies in conjunction
with the county parties. All vacancies must be filled two months
prior to a general election and one month prior to special
elections, midterm elections and primaries.
(c) The county board shall submit a status report to the
Department of State at the beginning of each month notifying the
Department of State of the number of vacancies.
(d) The county board and county parties shall be provided
money to advertise the vacancies and recruit new election day
workers. Advertising may include television, radio and social
media.
(e) Each county board shall place information about county
board vacancies on the board's publicly accessible Internet
websites and shall produce public service announcements to
recruit workers.
(f) The county board and parties shall meet each month for
progress updates.
Section 402. Qualifications of Election Officers.--(a)
Except as provided in subsection (b), election officers shall be
qualified registered electors of the [ district in which they]
county in which the election officers are elected or appointed.
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qualified to run or serve as an election officer who [ shall
hold, or shall within two months have held, ] holds or in the
previous two months has held any office, appointment or
employment in or under the Government of the United States or of
this [State] Commonwealth or of any city or county or poor
district, of any municipal board, commission or trust in any
city, [save only district justices ] except magisterial district
judges, notaries public and persons in the militia service of
the [State; nor shall any ] Commonwealth. An election officer
shall not be eligible to any civil office [ to be] voted for at a
primary or election at which [ he shall serve] the election
officer serves, except that of an election officer.
(b) The county board may appoint students , notwithstanding
[their] the student's eligibility to vote , to serve as a clerk
or machine inspector [ pursuant to the following ]. The following
shall apply:
(1) The county board may not appoint [no] more than two
students per precinct.
(2) [The] A judge of elections shall have direct supervision
of the student.
(3) The county board may compensate the student.
(4) The county board shall comply with all applicable
Federal and State laws.
(5) The student must at the time of the election for which
the student shall serve:
(i) be at least [seventeen (17)] 17 years of age;
(ii) be a United States citizen and a resident of the county
in which [he] the student was appointed to serve;
(iii) be enrolled in a secondary educational institution
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educational institution;
(iv) be approved by the principal or director of the
secondary educational institution; and
(v) have obtained the consent of [ their] the student's
parent or guardian.
(6) The student may not serve as a judge of election or
[majority or minority ] inspector.
Section 403. Tie Votes for Judge and Inspector.--If at any
municipal election in any district there [ shall be] is a tie
vote for the office of judge of election, the majority inspector
of election [elected at said election ] shall decide the tie
vote. If at any municipal election in any district there is a
tie vote for inspectors, the two candidates who receive the same
number of votes shall determine by lot which of [ them] the
candidate's shall be the majority inspector .[, and the other
candidate shall be the minority inspector, and in case of a tie
vote also for judge of election at said election, the tie shall
be decided by the person so determined to be majority inspector.
The county board shall be notified immediately upon the
determination of any such tie vote. ]
Section 404. Clerks of Election, Machine Inspectors.--[ Prior
to the opening of the polls at each primary and election in
districts in which voting machines are not used, each ] Each
inspector shall appoint one clerk to serve at [ such] a primary
or election. [One clerk shall be appointed by the minority
inspector in each district in which a voting machine or machines
are used, and in each district in which more than one voting
machine is used, the ] The county board of elections shall, prior
to each primary [and] or election, appoint for [ each additional
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30 voting machine to be used in such ] every two voting machines in
each district, one qualified registered elector of the county to
serve as machine inspector [ therein for such primary or
election]. The qualifications of clerks and machine inspectors
shall be the same as [ herein] those provided for election
officers.
Section 405. Vacancies in Election Boards; Appointment;
Judge and Majority Inspector to Be Members of Majority Party;
Minority Inspector to Be Member of Minority Party.--(a)
Vacancies in election boards existing by reason of the
disqualification, removal, resignation or death of an election
officer, or from any other cause, occurring prior to the fifth
day before any primary or election, shall[ , in all cases,] be
filled by appointment[ , by the court of the proper county of
competent persons, qualified in accordance with the provisions
of this act, who ] by the county board of elections, in
consultation with the county parties, and the appointed
individual shall serve for the unexpired term of the [ person]
individual whose place [he] the appointed individual is
appointed to fill[: Provided, however, That any ]. A district
election officer who, after [ his] election or appointment,
changes [his] political affiliation, [ shall not thereby become ]
is not disqualified to serve on [ said] the election board, and
[shall not thereby] may not be subject to removal. In making
[such] appointments, the [ court] county board shall receive and
consider any petitions filed by qualified electors of the
district affected[, and shall make no] and may not make an
appointment to fill any vacancy unless notice of the time at
which [they will make such appointment shall have been posted on
the polling place of such district, and in the immediate
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will make the appointment was posted in the district polling
place at least five days prior to the appointment. In the
appointment of inspectors in any election district, both shall
not be of the same political party at the time of [ said]
appointment, but one shall be of the party having the largest
number of votes and the other shall be of the party having the
second largest number of votes in [ said] the district at the
last preceding November election, as [ nearly as the judge or
judges can ascertain the fact ] determined by the county board .
The judge of election shall, in all cases of appointment, be of
the political party having the majority of votes in [ said] the
district at the last preceding November election, as [ nearly as
the judge or judges can ascertain the fact. Immediately upon the
entry of an order of court filling any vacancy on an election
board, the clerk of said court shall forthwith transmit a
certified copy of said order to the county board, giving the
name and address of said appointee ] determined by the county
board. Notwithstanding any provisions to the contrary, in
counties which have adopted home rule charters or optional plans
and which appoint the members of the county election board under
section 301(b), vacancies in the county board of elections shall
be filled consistent with the provisions for appointment of
county election board members under [ that] section 301.
(a.1) Vacancies in county boards existing by reason of the
disqualification, removal, resignation or death of a clerk or
machine inspector appointed [ pursuant to] under section 404 or a
vacancy of a clerk or machine inspector from any other cause
occurring prior to the day of any primary or election may be
filled by a student [ pursuant to] under section 402(b).
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30 (b) The first election board for any new district shall be
selected, by the court of the proper county, of competent
[persons] individuals, qualified in accordance with the
provisions of this act, who shall serve until the next municipal
election at which all election officials are elected under the
provisions of section 401.
(c) Vacancies in election boards occurring at any time
during the five days immediately preceding any primary or
election or on the day of the primary or election may be filled
by appointment by the county board [ of elections] from a pool of
competent [persons] individuals who are qualified registered
electors of the county and who have been trained by the county
to perform the duties of election officers [ which are required
by] required under this act. [Any person] An individual
appointed to fill a vacancy in accordance with this subsection
shall serve as a member of the election board on the day of the
primary or election only. Any election board position filled in
accordance with this subsection shall be deemed vacant on the
day immediately following the primary or election and
subsequently shall be filled in accordance with subsection (a).
Section 406. Election Officers to Be Sworn.--All judges,
inspectors, clerks of election and machine inspectors shall,
before entering upon [ their] duties at any primary or election,
[be duly sworn in the presence of each other and of the watchers
and overseers, if any. The judge shall first be sworn by the
minority inspector or by a magistrate, alderman or justice of
the peace, and the inspectors, clerks and machine inspectors
shall then be sworn by the judge. Each of them shall forthwith
sign in duplicate the oath taken by him upon forms to be
furnished by the county board, and the same shall be attested by
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30 the officer who administered the oath. ] sign a written oath of
office which the judges shall transmit to the county board of
elections after the polling place closes. The Department of
State shall promulgate the text of the written oath for all
judges, inspectors, clerks and machine operators.
[Section 407. Oath of Judge of Election.--The following
shall be the oath of each judge of election:
"I (John Doe) do swear (or affirm) that I will as judge duly
attend the ensuing election (or primary) during the continuance
thereof, and in cooperation with the inspectors, faithfully
carry on the same; that I will not give my consent to the
admission of any person to vote, except such as I firmly believe
to be registered and entitled to vote at such election (or
primary), according to the provisions of the Constitution and
laws of this Commonwealth, and that I will use my best endeavors
to prevent any fraud, deceit or abuse in carrying on the same,
and that I will make a true and perfect return of the said
election (or primary), and will at all times impartially and
faithfully perform my duty respecting the same, to the best of
my judgment and ability; and that I am not directly or
indirectly interested in any bet or wager on the result of this
election (or primary)."
Section 408. Oaths of Inspectors of Election.--The following
shall be the form of the oath to be taken by each inspector:
"I (John Doe) do swear (or affirm) that I will as an
inspector duly attend the ensuing election (or primary) during
the continuance thereof, and that I will not admit any person to
vote, except such as I shall firmly believe to be registered and
entitled to vote at such election (or primary), according to the
provisions of the Constitution and laws of this Commonwealth,
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30 that I will not vexatiously delay or refuse to permit any person
to vote whom I shall believe to be entitled to vote as
aforesaid, that I will make a true and perfect return of the
said election (or primary), and that I will in all things truly,
impartially and faithfully perform my duties therein, to the
best of my judgment and ability; and that I am not directly or
indirectly interested in any bet or wager on the result of this
election (or primary)."
Section 409. Oaths of Clerks of Election.--The following
shall be the form of the oath to be taken by each clerk:
"I (John Doe) do swear (or affirm) that I will as a clerk
attend the ensuing election (or primary) during the continuance
thereof, that I will carefully and truly record the number of
votes that shall be given for each candidate at the election (or
primary) as often as his name shall be read to me by the judge
or inspectors thereof, and in all things truly and faithfully
perform my duty respecting the same to the best of my judgment
and ability; and that I am not directly or indirectly interested
in any bet or wager on the result of this election (or
primary)."
Section 410. Oath of Machine Inspectors.--The following
shall be the form of the oath to be taken by each machine
inspector:
"I (John Doe) do swear (or affirm) that I will as a machine
inspector attend the ensuing election (or primary) during the
continuance thereof, that I will in all things truly and
faithfully perform my duty respecting the same to the best of my
judgment and ability; and that I am not directly or indirectly
interested in any bet or wager on the result of this election
(or primary)."
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30 Section 411. Power of Election Officers to Administer
Oaths.--The judge and inspectors of election shall each have the
power to administer oaths to any person claiming the right to
vote, or to his witnesses, or in any matter or thing required to
be done or inquired into by them under this act. ]
Section 412.2. Compensation of District Election Officers.--
(a) In all counties regardless of class, 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, which amount shall be at least [ $75] $175 and not
more than [$200] $300.
(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 the duties for
one-half of an election day, 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.
(c) The county board of elections may establish different
per diem rates within 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.
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30 (4) 501 to 750 votes.
(5) 751 votes and over.
(d) For transmitting returns of elections and the ballot box
or boxes, all judges of election shall be entitled to receive
the additional sum of $20.
(e) The county board of elections may 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 $20.
(f) The 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 35ยข] the
standard mileage rate set by the Internal Revenue Service for
the current year per circular mile from the polling place to the
county court house. The name of the individual shall appear on
the voucher of the judge of election 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, the elections shall be construed as one election for
the purpose of receiving compensation.
(i) Compensation and other payments received by election
officials 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."
(j) The Department of State shall reimburse counties for
half the cost of payments made under subsections (a) and (f).
Section 417. Appointment of Watchers.--
* * *
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30 (b) Each watcher so appointed must be a qualified registered
elector of the county in which the election district for which
the watcher was appointed is located and must have completed
training required for poll watchers under section 1302-E(c)(7) .
Each watcher so appointed shall be authorized to serve in the
election district for which the watcher was appointed and, when
the watcher is not serving in the election district for which
the watcher was appointed, in any other election district in the
county in which the watcher is a qualified registered elector:
Provided, That only one watcher for each candidate at primaries,
or for each party or political body at general, municipal or
special elections, shall be present in the polling place at any
one time from the time that the election officers meet prior to
the opening of the polls under section 1208 until the time that
the counting of votes is complete and the district register and
voting check list is locked and sealed, and all watchers in the
room shall remain outside the enclosed space. It shall not be a
requirement that a watcher be a resident of the election
district for which the watcher is appointed. After the close of
the polls and while the ballots are being counted or voting
machine canvassed, all the watchers shall be permitted to be in
the polling place outside the enclosed space. Each watcher shall
be provided with a certificate from the county board of
elections, stating his name and the name of the candidate, party
or political body he represents. Watchers shall be required to
show their certificates when requested to do so. Watchers
allowed in the polling place under the provisions of this act,
shall be permitted to keep a list of voters and shall be
entitled to challenge any person making application to vote and
to require proof of his qualifications, as provided by this act.
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30 During those intervals when voters are not present in the
polling place either voting or waiting to vote, the judge of
elections shall permit watchers, upon request, to inspect the
voting check list and either of the two numbered lists of voters
maintained by the county board: Provided, That the watcher shall
not mark upon or alter these official election records. The
judge of elections shall supervise or delegate the inspection of
any requested documents.
* * *
Section 526. Polling Places to Be Selected by County
Board.--(a) The county board of elections shall select and fix
the polling place within each new election district and may, at
any time[, for any reason that may seem proper to it ], but not
less than 14 days before an election , either on [its own] board
motion or on petition of [ ten] 10 qualified registered electors
of an election district, change the polling place within any
election district. Except in case of an emergency or unavoidable
event occurring within [ twenty] 14 days of a primary or
election, which renders any polling place unavailable for use at
[such] a primary or election, the county board shall not change
any polling place until at least five days after notice of the
proposed change shall have been posted on the existing polling
place and in the immediate vicinity [ thereof] of the polling
place, and until at least five days after written notice of the
proposed change shall have been given to the occupant or owner
of [said] the polling place, or [ their] the owner's agent.
(b) Except in case of emergency or unavoidable event,
occurring within [twenty] 14 days of a primary or election,
which renders any polling place unavailable for use, if a
petition [be] is presented to the county board on or before the
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30 day set for hearing of the petition for change of polling place,
signed by a majority of the registered electors of the district,
objecting to the proposed change, [ said] the change shall not be
ordered.
(c) The county board of elections shall publicly announce
and post on the board's publicly accessible Internet website ,
not less than [twenty] 14 days prior to the primary election,
special election, municipal election or general election, by
posting at [its] the board's office in a conspicuous place, a
list of the places at which the election is to be held in the
various election districts of the county. The list shall be
available for public inspection at the office of the county
board of elections. The posting on the publicly accessible
Internet website shall include the name and contact information
of all election officers in the county.
Section 527. Public Buildings to Be Used Where Possible;
Portable Polling Places.--(a) In selecting polling places, the
county board of elections shall, [ wherever] if possible and
practicable, select schoolhouses, municipal buildings or rooms,
or other public buildings for that purpose. Any board of public
education or school directors, or county or the municipal
authorities shall, upon request of the county board, make
arrangements for the use of school property, or of county or
municipal property for polling places. In selecting polling
places, the county board of elections shall make every effort to
select polling places that provide all electors with an
environment that is free from intimidation and [ violence]
accessible to all electors .
[In the event no available ] If a public building as
contemplated under this section is not situated within the
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30 boundaries of any election district, the county board of
elections may, not less than [ twenty] 20 days prior to any
election, designate as the polling place for [ such] the election
district any [such public building situated in another election
district within the same or immediately adjacent ward, or, if
there are no wards, then within the same borough or township as
the case may be, provided such other building is located in an
election district which is immediately adjacent to the boundary
of the election district for which it is to be the polling place
and is directly accessible therefrom by public street or
thoroughfare.] building that is located in the election district
and is accessible to all electors. If no building is available
in the election district, a polling place may be identified in a
public building within an adjacent election district. If no
public building can be identified, a building location in the
adjacent election district accessible to all electors may be
used. Two or more polling places may be located in the same
public building under this section. A polling place may be
selected and designated [ hereunder less than twenty ] less than
20 days prior to any election, with the approval of a court of
competent jurisdiction.
[(b) In the event no available public building as
contemplated under subsection (a) is situated within the
boundaries of a borough which constitutes a single election
district, the county board of elections may, not less than ten
days prior to any election, designate as the polling place for
such election district a municipal building owned by that
borough and located in an adjoining second class township:
Provided, That the municipal building which is to serve as the
polling place is located in an election district immediately
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30 adjacent to the boundary of such borough and is directly
accessible from the borough by public street or thoroughfare.
Such municipal building may be designated as the polling place
for an election less than ten days prior to that election, with
the approval of a court of competent jurisdiction. ]
(c) The board[, in its discretion, ] may procure and provide
portable or movable polling places of adequate size and
facilities for any or all election districts if no public
building or other usable building is available for use .
Section 528. Temporary Polling Places.--If, in any election
district, no proper polling place can be obtained, the county
board of elections shall cause to be constructed for [ such] the
district, a temporary room of adequate size to be used as a
polling place. Moveable polling places and temporary polling
places may be used if no public building or other usable
building is available for use.
Section 9. The act is amended by adding an article to read:
ARTICLE VII-A
REGISTRATION OF ELECTORS
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 700-A. 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:
"Applicant." An individual who applies to be registered to
vote as provided for under this article and 25 Pa.C.S. Pt. IV
(relating to voter registration).
"Commission." A registration commission established under 25
Pa.C.S. ยง 1203 (relating to commissions).
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30 "Commissioner." A member of a commission.
"County." A county of this Commonwealth. The term includes a
county within which is located a city of the first class or with
which a city of the first class is coextensive.
"Department." The Department of State of the Commonwealth.
"District." An election district or precinct of a
municipality.
"District register." The list of registered electors
prepared by the commission under 25 Pa.C.S. ยง 1402 (relating to
district registers).
"Election." A general, special, municipal or primary
election.
"General election." The election which the Constitution of
Pennsylvania requires to be held in even-numbered years.
"General register." The list of registered electors prepared
by the commission under 25 Pa.C.S. ยง 1401 (relating to general
register).
"Individual in the merchant marine." Any of the following:
(1) Individuals employed as officers or members of crews
of vessels documented under the law of the United States or
of vessels owned by the United States or of vessels of
foreign-flag registry under charter to or control of the
United States. This paragraph does not include individuals in
military service.
(2) Individuals enrolled with the United States for
employment or for training for employment or maintained by
the United States for emergency relief service as officers or
members of crews of vessels referred to in paragraph (1). The
term does not include individuals in military service or
individuals employed or enrolled for employment or for
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30 training for employment or maintained for emergency relief on
the Great Lakes or the inland waterways.
"In military service." Serving in the uniformed services as
defined under 37 U.S.C. ยง 101 (relating to definitions).
"Military elector." Any of the following:
(1) An individual in military service and the
individual's spouse and dependents.
(2) An individual in the merchant marine and the
individual's spouse and dependents.
(3) An individual in a religious or welfare group
officially attached to and serving with the armed forces of
the United States and the individual's spouse and dependents.
(4) An individual who is a civilian employee of the
United States outside the territorial limits of the United
States, whether or not the individual is subject to the civil
service laws and whether or not the individual is paid from
funds appropriated by Congress, and the individual's spouse
and dependents.
"Municipal election." The election which the Constitution of
Pennsylvania requires to be held in odd-numbered years.
"Municipality." A city, borough, town or township.
"Party." Any of the following:
(1) A party or political body, one of whose candidates
at the general election immediately preceding the primary:
(i) polled, in each of at least 10 counties, at
least 2% of the largest entire vote cast in the county
for any elected candidate; and
(ii) polled a total vote in this Commonwealth equal
to at least 2% of the largest entire vote cast in this
Commonwealth for any elected candidate.
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30 (2) A party or political body, one of whose candidates
at either the general or municipal election preceding the
primary polled at least 5% of the largest entire vote cast
for any elected candidate in any county.
"Political body." A political body not recognized as a
political party which has filed proper nomination papers as
required by law.
"Primary election." An election for the nomination of
candidates.
"Qualified elector." An applicant who possesses all of the
qualifications for voting prescribed by the Constitution of
Pennsylvania and the laws of this Commonwealth or who, being
otherwise qualified by continued residence in the election
district, obtains such qualifications before the next ensuing
election. The term does not include a military elector.
"Registrant" or "registered elector." A qualified elector
who is registered to vote in accordance with this article and 25
Pa.C.S. Pt. IV.
"Registration card." A registration record containing all
information required on the registration application, including
the elector's signature, and suitable space for the insertion by
the appropriate official of the following information:
(1) The ward and election district of residence.
(2) The registrant's street address.
(3) Data required to be given upon removal from the
registrant's residence.
(4) The date of each election at which the registrant
votes.
(5) The number and letter of the stub of the ballot
issued to the registrant or the registrant's number in the
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30 order of admission to the voting machines.
(6) The initials of the election officer who enters the
record of voting in the district register.
(7) Whether the registrant needs assistance to vote and,
if so, the nature of the disability.
"Registration record." The general register, district
register and any other record of registration maintained by a
commission. The term includes any record maintained by the
commission on the Statewide Uniform Registry of Electors.
"Secretary." The Secretary of the Commonwealth.
"Statewide Uniform Registry of Electors" or "SURE system."
The integrated voter registration system of all registered
electors in this Commonwealth established in 25 Pa.C.S. Ch. 12
Subch. B (relating to Statewide Uniform Registry of Electors
(SURE)).
SUBARTICLE B
QUALIFICATIONS
Section 701-A. Qualifications to register.
(a) Eligibility.--An individual who will be at least 18
years of age on the day of the next election, who has been a
citizen of the United States for at least one month prior to the
next election and who has resided in this Commonwealth and the
election district where the individual offers to vote for at
least 30 days prior to the next ensuing election shall be
eligible to register as provided in this act.
(b) Effect.--No individual shall be permitted to vote at any
election unless the individual is registered under this
subsection, except as provided by law or by order of a court of
common pleas. No registered elector shall be required to
register again for any election while the elector continues to
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(c) Removal of residence.--Except as otherwise provided
under this article and 25 Pa.C.S. Pt. IV (relating to voter
registration), a registered elector who removes residence from
one place to another outside the elector's last election
district shall not be entitled to vote in the election district
of the elector's last residence except under this section and 25
Pa.C.S. ยงยง 1501(b) (relating to removal notices), 1502 (relating
to transfer of registration) and 1902 (relating to procedure for
voting following failure to return notification card).
Section 702-A. Residence of electors.
(a) Circumstances.--
(1) For the purpose of registration and voting, no
individual shall be deemed to have gained a residence by
reason of presence or lost a residence by reason of absence
in any of the following circumstances:
(i) Being employed in the service, either civil or
military, of this Commonwealth or of the United States.
(ii) Being engaged in the navigation of the waters
of this Commonwealth or of the United States or on the
high seas.
(iii) Being in an institution at public expense.
This subparagraph does not apply to a veteran who resides
in a home for disabled and indigent soldiers and sailors
maintained by the Commonwealth. Such a veteran may elect
to utilize that residence for registration and voting or
elect to vote as an absentee elector by the use of an
absentee ballot.
(2) Nothing under paragraph (1) shall preclude any
elector eligible under section 701-A from establishing the
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30 district of residence as the election district of residence
under subsection (b).
(3) Except as otherwise provided in this subsection, no
individual who is confined in a penal institution shall be
deemed a resident of the election district where the
institution is located. The individual shall be deemed to
reside where the individual was last registered before being
confined in the penal institution, or, if there was no
registration prior to confinement, the individual shall be
deemed to reside at the last known address before
confinement.
(4) An individual who resides at a mental health
facility, if otherwise qualified under section 701-A, shall
be deemed at the individual's option a resident in one of the
following:
(i) The district where the institution is located.
(ii) The district where the individual was last
registered to vote before entering the institution. For
purposes of this subparagraph, if the individual was not
registered before entering the institution, the
individual shall be deemed to reside at the last known
address before entering the institution.
(b) Rules for determination.--
(1) A place shall be considered the residence of an
individual in which habitation is fixed and to which,
whenever the individual is absent, the individual has the
intention of returning.
(2) An individual shall not be considered to have lost
residence if the individual leaves home and goes into another
state or another election district for temporary purposes
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30 only, with the intention of returning.
(3) An individual shall not be considered to have gained
a residence in an election district if the individual comes
into that district for temporary purposes only, without the
intention of making that election district a permanent place
of abode.
(4) If an individual removes to another state with the
intention of making that state the permanent residence, the
individual shall be considered to have lost residence in this
Commonwealth.
(5) If an individual removes to another state with the
intention of remaining there an indefinite time and making
that state the place of residence, the individual shall be
considered to have lost residence in this Commonwealth,
notwithstanding an intention to return at some indefinite
future period.
(6) If an individual goes into another state and, while
there, votes in an election held by that state, the
individual shall be considered to have lost residence in this
Commonwealth.
(7) An individual employed in the service of the Federal
Government or of the Commonwealth and required thereby to be
absent from the municipality where the individual resided
when entering that employment and the spouse of the
individual may remain registered in the district where the
individual resided immediately prior to entering that
employment, and the individual and the spouse shall be
enrolled in the political party designated by the individual
or spouse without declaring a residence by street and number
as follows:
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30 (i) An individual who registers under this paragraph
for Commonwealth employment must produce a certificate
from the head of the State agency, under the seal of
office, providing that the individual or the individual's
spouse is actually employed in the service of the
Commonwealth and providing the nature of the employment
and the time when the employee first entered the
employment. The commission shall retain certificates
under this subparagraph.
(ii) The commission shall note on the registration
record of each individual registered under this paragraph
the fact of Federal or State employment.
(iii) At least once every two years the commission
shall verify the employment of the individuals registered
under this paragraph at the proper Federal or State
office. If an individual is found to be no longer a
Federal or State employee, the individual's registration
shall be canceled under 25 Pa.C.S. Ch. 15 (relating to
changes in records).
SUBARTICLE C
PROCEDURE
Section 721-A. Methods of voter registration.
An individual qualified to register to vote under section
701-A(a) may apply to register as follows:
(1) Under section 722-A.
(2) Under section 723-A.
(3) Under section 724-A.
(4) Under section 725-A.
Section 722-A. In-person and online voter registration.
(a) In-person application.--Applications may be submitted to
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30 register to vote or change party enrollment or name or address
on a current registration record in person before the commission
or a commissioner, a registrar or a clerk at the office of the
commission or at a place designated by the commission. The
applicant shall be advised that any intentional false statement
on the application constitutes perjury and will be punishable as
such. The applicant shall provide the information required on
the registration application and sign the registration
declaration. The commission shall prepare and provide voter
registration applications for the purpose of registering
qualified electors in accordance with this section.
Notwithstanding any other provision of this article and 25
Pa.C.S. Pt. IV (relating to voter registration), the commission
may use a mail registration application for in-person
registration. The commission shall mail the qualified elector an
identification card in accordance with section 728-A.
(b) Notice.--The commission shall, at least 30 days prior to
each establishment's opening, publish under section 106, the
address of each place of registration, the address of each
office of the commission established for the registration of
qualified electors other than its main office and the days and
hours when the place or office is open for the registration of
qualified electors. The announcement shall be made by posting
notice at the place or office and at the commission's main
office and by other means as the commission deems advisable.
(c) Polls.--The election board of each county shall cause
any polling place to be open, in proper order for use, as a
place of registration on each day when the polling place is
desired by the commission or required by the provisions of this
article and 25 Pa.C.S. Pt. IV for use as a place of
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30 registration. The appropriating authority of the county shall
provide for the payment of rentals for such polling places and
other places of registration.
(d) Schools.--The board of public education or the board of
school directors shall furnish suitable space in any public
school building under its jurisdiction or control and shall
cause the space to be open and in proper order for use as a
place of registration on each day when the space is desired by
the commission for use as a place of registration in accordance
with the provisions of this article and 25 Pa.C.S. Pt. IV. Use
under this subsection may not interfere with school instruction.
(e) Municipal buildings.--The proper authority in the county
or municipality shall furnish suitable space in a building under
its jurisdiction or control and shall cause the space to be open
and in proper order for use as a place of registration on each
day when the space is desired by the commission for use as a
place of registration. Use under this subsection may not
interfere with the use for which the space is primarily
designed.
(f) Online application.--
(1) An application may be submitted to register to vote
or change party enrollment or name or address on a current
registration record through an online application developed
by the secretary and provided on the department's publicly
accessible Internet website. The applicant shall provide the
information required on the registration application and
electronically sign the registration declaration.
(2) Except for an application developed under paragraph
(1), no other application or third-party interface may be
approved or used for the purposes of voter registration.
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30 Section 723-A. Application with driver's license application.
(a) Duty to provide simultaneous application.--
(1) The Department of Transportation shall provide for
simultaneous application for voter registration in
conjunction with the process under 75 Pa.C.S. ยง 1510
(relating to issuance and content of driver's license). An
application under this subsection shall serve as an
application to register to vote unless the applicant fails to
sign the voter registration application. The secretary has
the primary responsibility for implementing and enforcing the
driver's license voter registration system created under this
section. The secretary, in consultation with the Secretary of
Transportation, may promulgate regulations for implementing
this section.
(2) An application for voter registration submitted to
the Department of Transportation under this subsection shall
be considered as updating any previous voter registration
information by a registrant.
(3) Any change of address submitted to the Department of
Transportation for the purposes of driver licensing shall
serve as notification of change of address for voter
registration for the registrant involved unless the
registrant indicates that the change of address is not for
voter registration purposes.
(b) Process.--
(1) The Department of Transportation shall provide for
an application for voter registration as part of a driver's
license application.
(2) The format of the driver's license/voter
registration application shall be determined and prescribed
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30 by the secretary and the Secretary of Transportation.
(3) The voter registration application portion of the
application shall contain all the requirements of an official
voter registration application specified in section 727-A.
The voter registration portion of the application:
(i) may not require any information that duplicates
information required in the driver's license portion of
the form, other than a second signature; and
(ii) may require only the minimum amount of
information necessary to prevent duplicate voter
registration, to enable the commission to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process.
(c) Transmission.--
(1) The Department of Transportation shall forward
completed applications or contents of the completed voter
registration applications in machine-readable format to the
department by the close of registration for the ensuing
election.
(2) The department shall transmit the material to the
appropriate commission within 10 days after the date of its
receipt by the Department of Transportation. If a voter
registration application is received by the Department of
Transportation within five days before the last day to
register before an election, the application shall be
transmitted to the appropriate commission not later than five
days after the date of its receipt by the Department of
Transportation.
(3) Upon receipt of the completed voter registration
information from the department, the commission shall make a
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30 record of the date of the receipt of the application and
process the application. No applicant shall be deemed
eligible to vote until the commission has received and
approved the application.
(4) After the Department of Transportation is connected
to the SURE system and notwithstanding paragraphs (1), (2)
and (3), the Department of Transportation shall transmit
electronically the contents of a completed voter registration
application within five days of receipt of the application.
Upon receipt of the information from the Department of
Transportation, a commission shall make a record of the date
of the receipt of the application and process the application
in accordance with section 728-A. If the commission of the
county of residence has not been connected to the SURE
system, the Department of Transportation shall forward the
completed application or contents of the completed
application to the department in accordance with paragraph
(1). No applicant shall be deemed eligible to vote until the
commission has received and approved an application in
accordance with section 728-A.
(5) Changes of address shall comply with the following:
(i) Before the Department of Transportation is
connected to the SURE system, the Department of
Transportation shall notify the department of changes of
address received under subsection (a)(3). The department
shall notify the commission of the county of the
registrant's former residence. After the Department of
Transportation is connected to the SURE system, the
Department of Transportation shall notify the commission
of the county of the registrant's former residence. If
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30 the registrant has moved to an address outside this
Commonwealth, the commission shall verify the address
change in accordance with 25 Pa.C.S. ยง 1901 (relating to
removal of electors). Except as provided in subparagraph
(ii), if the registrant confirms in accordance with 25
Pa.C.S. ยง 1901(d) that he or she has moved to another
county, the commission shall cancel the registration and
forward the registrant's registration information to the
commission of the registrant's new county of residence.
Except as provided in subparagraph (ii), if the
registrant has moved to an address within the
commission's jurisdiction, the commission shall promptly
update the registration record of the registrant in
accordance with section 728-A. All changes of address
received by the Department of Transportation under this
section at least 30 days before an election must be
processed by the commission for the ensuing election. For
the purpose of this paragraph, the term "registration
information" means the registration card and any other
record of registration maintained by a commission.
(ii) In the case of changes of address received by
the Department of Transportation which do not contain a
signature of the registrant, the commission receiving the
change of address notification shall mail a notice to the
registrant at the new residence address requesting
verification of the address change. If the change of
address is to a new residence outside the commission's
jurisdiction, the commission shall mail the following
notice:
Date.................
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30 Office of the Registration Commission
.......... County, Pennsylvania
....... (Address and Telephone No. of County)
We have been notified by the Department of Transportation
that you recently changed your address
from ................. (old residence address)
to ............... (new residence address) and that this
change of address is to serve as a change of address for
voter registration purposes. Unless you notify this
office within 10 days from the date of this notice that
this information is not correct, your voter registration
will be transferred to ........ County. You may notify
this office by writing your residence address, the date
and your signature on the bottom of this form and mailing
this notice to this office. You need not notify this
office if this information is correct.
............................
Chief Clerk
If the address change is within the commission's
jurisdiction, the commission shall mail a voter's
identification card to the registrant at the new
residence address.
(iii) If the registrant does not return the notice
under subparagraph (ii) within the 10-day period, the
commission shall process the change of address according
to subparagraph (i). If the registrant notifies the
commission that the information is incorrect and the
commission is satisfied with the registrant's explanation
of the discrepancy, the address of the registrant's
registration shall remain unchanged. If the verification
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30 notification or voter identification card is returned by
the post office as undeliverable as addressed or with a
forwarding address, the commission shall send a
confirmation notice to the registrant's address of former
residence in accordance with 25 Pa.C.S. ยง 1901(d)(2).
(6) Upon notification and confirmation of any change of
address, a commission shall promptly update information
contained in its registration record.
(d) Prohibition.--An individual who is not a qualified
elector is ineligible to register to vote under this section.
(e) Effect.--Failure to properly complete a voter
registration application shall not affect the validity of an
application for a driver's license, a renewal application or an
identification card application.
(f) Use of information.--No information regarding a
declination to register to vote in connection with an
application made under this section may be used for any purpose
other than voter registration.
(g) Staff.--Agents and employees working on behalf of the
Department of Transportation assisting in the completion of
voter registration applications shall conduct themselves in a
manner consistent with the following principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make a statement to an applicant or
take an action the purpose or effect of which is to
discourage the applicant from registering to vote.
(3) Applicants wishing to register to vote under this
section shall be given the same degree of assistance with the
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30 voter registration application as with all other Department
of Transportation forms.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
(h) Retention.--The Department of Transportation shall
retain complete records of voter registration information
received, processed and submitted to the SURE system by the
Department of Transportation. The records shall only be for the
purpose of supporting audit and accounting controls established
to ensure accurate and complete electronic transmission of
records between the SURE system and the Department of
Transportation.
(i) Agreement with department.--The Department of
Transportation shall enter into an agreement with the department
to match information in the SURE system with information in the
database of the Department of Transportation to the extent to
verify the accuracy of the driver's license number,
identification number or last four digits of the Social Security
number provided on an application for voter registration.
(j) Agreement with Commissioner of Social Security.--The
Department of Transportation shall enter into an agreement with
the Commissioner of Social Security to verify the last four
digits of the Social Security number provided in an application
for voter registration.
Section 724-A. Application by mail.
(a) Submission of application.--An application to register
to vote or to change party enrollment or name or address on a
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30 current registration may be submitted by voter registration mail
application in the manner provided in this section. An
application may be submitted by mail or by representative to the
commission on an official mail registration application, the
form of which shall be determined and prescribed by the
secretary or the Federal Election Commission under 52 U.S.C. Ch.
205 (relating to national voter registration). The applicant
must complete the information required on the registration
application and sign the registration declaration.
(b) Time.--Registration under this section may be made at
any time. If a registration application is received by a
commission beyond the deadline for registration provided in
section 1231, the application shall be retained by the
commission until the beginning of the next period during which
registration can be made.
(c) Military electors.--
(1) A military elector may apply at any time for
registration on an official registration application or any
form prescribed by the Federal Government for such purpose.
(2) The status of a military elector to register under
this section with respect to residence shall remain as the
same home residence status from which the military elector is
qualified to register. If, at the time of leaving that home
address, the military elector had not resided in this
Commonwealth or in a particular election district for a
sufficient time to have been entitled to be registered but,
by continued residence, would have become entitled to be
registered, the military elector shall be entitled to be
registered at the time the military elector would have been
entitled to register had the military elector not left that
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30 home address but continued to reside there.
(3) The commission is authorized to consider a request
for an absentee ballot as a request for an official
registration application and to forward to the requester all
of the following:
(i) An absentee ballot and balloting material.
(ii) An official registration application.
(4) The military elector must complete and file these
documents in accordance with the applicable provisions of
this act.
(5) The right to be registered pursuant to this
subsection shall not be subject to challenge for any reason
other than failure to have furnished the commission a
properly completed registration application.
Section 725-A. Government agencies.
(a) Duty to administer system.--The secretary shall
administer a system whereby all offices in this Commonwealth
that provide public assistance, each county clerk of orphans'
court, including each marriage license bureau, all offices in
this Commonwealth that provide State-funded programs primarily
engaged in providing services to persons with disabilities and
all armed forces recruitment centers do all of the following:
(1) Distribute voter registration applications with each
application, reapplication and application for
recertification, renewal or change of address.
(2) Assist applicants with completion of the
registration application unless assistance is refused.
(3) Accept completed registration applications.
(4) Transmit completed applications to the appropriate
commission.
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30 (b) Forms.--An agency designated in subsection (a) shall
provide a form for office visits or, if the agency provides
services to persons with disabilities, for home visits which
contains all of the following:
(1) The question "If you are not registered to vote
where you live now, would you like to apply to register to
vote today?"
(2) If the agency provides public assistance, the
statement "Applying to register or declining to register to
vote will not affect the amount of assistance that you will
be provided by this agency."
(3) Boxes for the applicant to check to indicate whether
the applicant would like to register or decline to register
to vote. In close proximity to the boxes the following words
shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
TO VOTE AT THIS TIME."
(4) The statement "In order to be qualified to register
to vote, you must be at least 18 years of age on the day of
the next election, you must have been a citizen of the United
States for at least one month prior to the next election and
have resided in Pennsylvania and the election district where
you plan to vote for at least 30 days prior to the next
election."
(5) The statement "If you would like help in filling out
the voter registration application form, we will help you.
The decision whether to seek help is yours. You may fill out
the form in private."
(6) The statement "If you believe that someone has
interfered with your right to register or to decline to
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30 register to vote, your right to privacy in deciding whether
to register or in applying to register to vote or your right
to choose your own political party or other political
preference, you may file a complaint with the Secretary of
the Commonwealth, Pennsylvania Department of State,
Harrisburg, PA 17120." The secretary shall establish and
publish a toll-free telephone number for the purpose of
receiving complaints.
(c) Effect.--Failure to check either box under subsection
(b)(3) shall be considered a declination to register to vote.
(d) Staff.--Agency employees assisting in the completion of
voter registration applications shall conduct themselves in a
manner consistent with the following principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to
discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to lead
the applicant to believe that a decision to register or not
to register has any bearing on the availability of services
or benefits.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
(e) Encouraging registration.--An agency designated in
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30 subsection (a) shall provide reasonable space for nonpartisan
signs or posters encouraging voter registration. The signs and
posters shall be provided by the secretary.
(f) Transmission.--An agency designated in subsection (a)
shall forward all completed applications to the appropriate
commission within 10 days after the date of receipt. If a voter
registration application is received within five days before the
last day to register before an election, the application shall
be transmitted to the appropriate commission not later than five
days after the date of its receipt by the agency.
(g) Confidentiality.--The identity of the voter registration
agency through which any particular voter is registered in
accordance with this section shall not be disclosed to the
public.
(h) Use of information.--No information relating to a
declination to register to vote in connection with an
application made at an office described in this section may be
used for any purpose other than voter registration.
(i) Assistance.--Each agency shall provide to each applicant
who chooses to register to vote the same degree of assistance
with regard to the completion of the registration application
form as is provided by the office with regard to the completion
of its own forms unless the applicant refuses such assistance.
(j) Regulation.--The secretary shall promulgate regulations
regarding the maintenance and destruction of forms used pursuant
to this section.
Section 726-A. (Reserved).
Section 727-A. Preparation and distribution of applications.
(a) Form.--
(1) The secretary shall prescribe the form of an
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30 official voter registration application. The official voter
registration application shall provide space for the
following information about the applicant:
(i) Full name.
(ii) Address of residence. If the residence is a
portion only of the house, the location or number of the
room, apartment or floor which is occupied.
(iii) Mailing address if different than address of
residence.
(iv) Name and residence address on previous
registration and the year of that registration.
(v) Designation of political party, for the purpose
of voting at a primary election.
(vi) Date of birth.
(vii) Telephone number. An application shall not be
rejected because of noncompliance with this subparagraph.
(viii) Race. An application shall not be rejected
because of noncompliance with this subparagraph.
(ix) Last four digits of Social Security number. An
application without the last four digits of an
applicant's Social Security number shall be considered
incomplete. An applicant who does not have a Social
Security number may have his or her identity confirmed
through an alternate record.
(x) A Department of Transportation driver's license
number or a Department of Transportation identification
card number. An application may not be rejected because
of noncompliance with this subparagraph.
(2) Data required on the voter registration application
shall not be more nor less than the minimum data elements
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30 permissible for Federal voter registration.
(3) Any person who assists in the completion of the
registration application shall sign the application and
indicate the person's address. In the case of those
registering under sections 723-A and 725-A, the person
providing assistance shall insert the person's initials or
employee or agent identification number on a separate or
detachable portion of the application or computer data file.
(4) A voter registration application shall be printed on
stock of good quality and shall be of suitable uniform size.
Nothing under this article and 25 Pa.C.S. Pt. IV (relating to
voter registration) shall prohibit the design and use of an
electronic voter registration application which includes the
applicant's digitized or electronic signature. The
registration application shall contain the following
information; however, the information may be provided on a
separate form for voter registration made under section 723-A
or 725-A:
(i) Notice that a registered elector does not need
to reregister unless the registered elector has moved.
(ii) Instructions on how to fill out and submit the
application and notification of when the application must
be submitted to a voter registration office in order to
be registered for the ensuing election.
(iii) Notice that the applicant must be a citizen of
the United States for at least one month prior to the
next election and a resident of this Commonwealth and the
election district for at least 30 days and must be at
least 18 years of age by the day of the next ensuing
election. The notice required in this subparagraph shall
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(b).
(iv) Notice that political party enrollment is
mandatory to vote in a primary election of a political
party.
(v) Notice that the commission will mail by
nonforwardable mail to the applicant a voter's
identification card upon acceptance of the application
and that the applicant should contact the commission if
the identification card is not received within 14 days
from the date the application is sent to the registration
office.
(vi) Notice that registration is not complete until
the application is processed and accepted by the
commission.
(vii) A warning to the applicant that making a false
registration or furnishing false information is perjury.
The notice required in this subparagraph shall be in
print identical to the declaration under subsection (b).
(viii) Instructions to Federal or State employees
who wish to retain voting residence in county of last
residence to so indicate on the application.
(ix) Notice that, if an individual declines to
register to vote, the fact that the individual has
declined to register will remain confidential and will be
used only for voter registration purposes. The notice
required in this subparagraph shall be in print identical
to the declaration under subsection (b).
(x) Notice that, if an individual does register to
vote, the office at which the individual submits a voter
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will be used for voter registration purposes only. The
notices required in this subparagraph shall be in print
identical to the declaration in subsection (b).
(5) In jurisdictions where there is a single language
minority, the secretary may print a bilingual application.
(6) In jurisdictions where a single language minority
exceeds 5% of the population, the secretary shall:
(i) print a bilingual application; and
(ii) conduct a public educational program among that
language group alerting both organizations and
individuals of that group of the availability of the
bilingual application and encouraging individuals to
register.
(7) To implement section 724-A, the secretary shall
print an official voter registration mail application
designed to preserve the confidentiality of the information
required to be submitted. The application shall contain
information required by this section and shall include the
name of each county seat, its post office mailing address and
zip code and its telephone number. Voter registration mail
applications shall contain information indicating whether the
application is a new registration, change of party
enrollment, change of address or change of name.
(8) Nothing under this article and 25 Pa.C.S. Pt. IV
shall prohibit a private organization or individual from
printing blank voter registration applications or shall
prohibit the use of such applications by any other
individual, provided that the form, content and paper quality
of such voter registration application complies with
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approval from the secretary.
(b) Registration declaration.--
(1) The official voter registration application shall
contain a registration declaration. On the declaration, the
applicant shall state all of the following:
(i) The applicant has been a citizen of the United
States for at least one month prior to the next election.
(ii) On the day of the next ensuing election, the
applicant shall be at least 18 years of age.
(iii) On the day of the next ensuing election, the
applicant shall have resided in this Commonwealth and in
the election district for at least 30 days.
(iv) The applicant is legally qualified to vote.
(2) The applicant shall affirm all of the following:
(i) The information provided in the registration
declaration is true.
(ii) The applicant understands that:
(A) the registration declaration will be
accepted for all purposes as the equivalent of an
affidavit; and
(B) if the registration contains a material
false statement, the applicant shall be subject to
penalties for perjury.
(3) The registration declaration shall contain the
printed name and signature of the applicant and the date of
signing. An applicant unable to sign the voter registration
application shall make a mark before a person of the
applicant's choice other than the applicant's employer or an
agent of the applicant's union. The person shall insert the
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an employee or agent of the Department of Transportation or
another agency as provided under section 725-A and is
assisting the applicant in an official capacity, the employee
or agent shall insert the initials and identification number
of the employee or agent. In the case of applicants
registering under section 723-A or 725-A, the person
providing assistance shall insert initials or employee or
agent identification number on a separate or detachable
portion of the application or computer data file.
(4) The official registration application shall contain
a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
notice shall advise the applicant that if a person signs an
official registration application knowing a statement
declared in the application to be false, the person commits
perjury. The notice shall specify the penalty for perjury.
(c) Distribution.--
(1) The secretary shall supply official registration
applications to commissions.
(2) The secretary shall make available for distribution
official voter registration applications to public libraries,
public schools, State-related institutions of higher
education, offices operated by the Department of Revenue,
offices operated by the Department of Aging, area agencies on
aging, offices operated by the Pennsylvania Game Commission
or any of its authorized license-issuing agents, offices
operated by the Pennsylvania Fish and Boat Commission or any
of its issuing agents and offices that provide unemployment
compensation.
(3) Each participating agency identified under paragraph
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(i) Provide that official voter registration mail
applications are available on the premises and displayed
prominently in a conspicuous location during normal
business hours.
(ii) Provide an official voter registration mail
application to any individual requesting one.
(iii) Provide reasonable space for nonpartisan signs
or posters indicating the availability of official voter
registration mail applications on the premises.
(4) The secretary may provide technical assistance to
commissions upon request and agencies designated under
paragraph (2).
(5) The secretary shall print and distribute mail
registration applications which are not postage paid and
which shall not be specific to any county registration
office. Along with the distribution of such applications, the
secretary shall also include instructions to inform the
applicant where the application is to be sent.
(6) The secretary and commissions shall supply
applications to all of the following:
(i) Persons and organizations who request
applications.
(ii) Federal, State and political subdivision
offices.
(iii) Political parties and political bodies.
(iv) Candidates.
(d) Staff.--Agency employees assisting in the distribution
of voter registration applications under subsection (c) shall
conduct themselves in a manner consistent with the following
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(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to
discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to lead
the applicant to believe that a decision to register or not
to register has any bearing on the availability of services
or benefits.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
Section 728-A. Approval of registration applications.
(a) Examination.--Upon receiving a voter registration
application, a commissioner, clerk or registrar of a commission
shall do all of the following:
(1) Initial and date the receipt of the application.
(2) Examine the application to determine all of the
following:
(i) Whether the application is complete.
(ii) Whether the applicant is a qualified elector,
including verification of the last four digits of the
applicant's Social Security number and the applicant's
Department of Transportation driver's license number or
Department of Transportation identification card number,
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(iii) Whether the applicant has an existing
registration record. After the commission is connected to
the SURE system, the commissioner, clerk or registrar
shall search the SURE system on a Statewide basis to
determine if the applicant has an existing registration
record. The commissioner, clerk or registrar shall take
special care to scrutinize any registration for a similar
name at the same registered address.
(iv) Whether the applicant is entitled or qualified
to receive the requested transfer or change, if
applicable.
(b) Decision.--A commission shall do one of the following:
(1) Record and forward a voter registration application
to the proper commission if the commission finds during its
examination under subsection (a) that the applicant does not
reside within the commission's county but resides elsewhere
in this Commonwealth.
(2) Reject a voter registration application, indicate
the rejection and the reasons for the rejection on the
application and notify the applicant by first class
nonforwardable mail, return postage guaranteed of the
rejection and the reason if the commission finds during its
examination under subsection (a) any of the following:
(i) The application was not properly completed and,
after reasonable efforts by the commission to ascertain
the necessary information, the application remains
incomplete or inconsistent.
(ii) The applicant is not a qualified elector.
(iii) The applicant is not entitled to a transfer of
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(iv) The applicant is not legally qualified for a
change of name.
A rejection shall be made no later than 25 days before the
election succeeding the filing of the application.
(3) Process a voter registration application in
accordance with subsection (c) if the commission finds during
its examination under subsection (a) all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(4) Process a voter registration application in
accordance with subsection (c) and update its registration
records if the commission finds during its examination under
subsection (a) all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(5) Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
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(iii) The applicant is currently a registered
elector of another county.
(6) Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests a transfer of
registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(7) Process a voter registration application in
accordance with subsection (c) and update its registration if
the commission finds during its examination under subsection
(a) all of the following:
(i) The application requests a change of address.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(8) Process a voter registration application in
accordance with subsection (c) and update its registration
records if the commission finds during its examination under
subsection (a) all of the following:
(i) The application requests a change of name.
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of name.
(iii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iv) The applicant is currently a registered elector
of the county.
(c) Processing of voter registration.--
(1) When a commission has accepted a voter registration
application under subsection (b)(3), the commission shall
assign each applicant a unique identification number in the
SURE system. The commission shall mail a durable, wallet-
sized voter's identification card to the individual by first
class nonforwardable mail, return postage guaranteed, which
shall serve as notice of the acceptance of the application.
The card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) An image of the individual's signature or mark.
(vii) The unique identification number of the
individual.
(viii) A statement that the individual must notify
the commission within 10 days from the date it was mailed
if any information on the card is incorrect otherwise,
the information shall be deemed correct for voter
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(ix) A scannable identification code or strip.
(2) When a commission has accepted a voter registration
application under subsection (b)(4), (5), (6), (7) or (8),
the commission shall mail a durable, wallet-sized voter's
identification card to the individual by first class
nonforwardable mail, return postage guaranteed, which shall
serve as notice of the acceptance of the application. The
card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) An image of the individual's signature or mark.
(vii) The SURE registration number of the
individual.
(viii) A statement that the individual must notify
the commission within 10 days from the date it was mailed
if any information on the card is incorrect, otherwise,
the information shall be deemed correct for voter
registration purposes.
(ix) A scannable identification code or strip.
(3) An envelope containing a voter identification card
shall be marked on the outside with a request to the
postmaster to return it within five days if it cannot be
delivered to the addressee at the address given.
(d) Transfer of registration records.--
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30 (1) If, during application, an individual discloses that
the individual is a registered elector of another county, the
commission of the individual's new county of residence shall
direct a cancellation notice to the commission of the
individual's former county of residence in accordance with
regulations promulgated under this article or 25 Pa.C.S. Pt.
IV.
(2) Upon receipt of a notice transmitted in accordance
with paragraph (1), the commission of the individual's former
county of residence shall investigate. If the commission
finds that the individual is a registered elector of the
county, the commission shall verify the address change with
the registered elector in accordance with this article and 25
Pa.C.S. Pt. IV. Upon verifying that the registered elector
has moved to another county of residence, the commission
shall cancel the registered elector's registration, transfer
a copy of the canceled registration record to the commission
of the registered elector's new county of residence and
retain a record of the transfer. The commission of both
counties shall promptly update information contained in their
registration records.
(e) Challenges.--All challenges to applications for
registration shall be made as provided in section 729-A.
Section 728.1-A. SURE registration number.
Each registered elector shall be assigned a single and unique
SURE registration number in accordance with sections 728-A and
25 Pa.C.S. ยง 1514 (relating to conversion of registration
records). Once assigned, a SURE registration number shall not be
changed, modified or altered.
Section 729-A. Challenges.
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registered may be challenged by a commissioner, registrar or
clerk or by a qualified elector of the municipality.
(b) Complaint.--To make a challenge, a complainant must file
a challenge affidavit in a form prescribed by the secretary
containing the following information:
(1) Name of challenged individual.
(2) Address of challenged individual.
(3) Name of complainant.
(4) Address of complainant.
(5) Date of affidavit.
(6) Reason for challenge.
(c) Response.--An individual who is challenged must respond
to the challenge affidavit as provided in subsection (b) in a
written statement sworn or affirmed by the individual. The
challenged individual must produce such other evidence as may be
required to satisfy the registrar or commissioner as to the
individual's qualifications as a qualified elector.
(d) Resolution.--If the challenged individual establishes to
the satisfaction of the commission the right to be registered as
required under this article and 25 Pa.C.S. Pt. IV (relating to
voter registration), the challenged individual shall be
registered. If the challenged individual does not establish to
the satisfaction of the commission the right to be registered as
provided under this article and 25 Pa.C.S. Pt. IV, the
challenged individual's registration, if any, shall be canceled,
and the commission shall promptly update information contained
in its registration records.
Section 730-A. (Reserved).
Section 731-A. Privacy in voter registration.
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30 The secretary shall provide a means for an elector who has an
active protection from abuse order under 23 Pa.C.S. Ch. 61
(relating to protection from abuse) entered against another
party to have the elector's birth date recorded in the SURE
system so that the birth year shall be listed as not fewer than
18 years and not greater than 50 years prior to the year in
which the claim was made. The secretary shall ensure that the
accommodation under this section shall end when the protection
from abuse order expires.
Section 10. Section 1003(f) of the act is amended and the
section is amended by adding a subsection to read:
Section 1003. Form of Official Election Ballot.--
* * *
[(f) In order that each elector may have the opportunity of
designating his choice for all the candidates nominated by one
political party or political body, there shall be printed on the
extreme left of the ballot, and separated from the rest of the
ballot by a space of at least one-half inch, a list of the names
of all the political parties or political bodies represented on
such ballot which have nominated candidates to be voted for at
such election. Such names shall be arranged in the order of the
votes obtained at the last gubernatorial election by the
candidate for Governor of the parties or bodies nominating,
beginning with the party that received the highest number of
votes cast. Following the names of such political parties and
political bodies shall be the names of the parties and bodies
not represented on the ballot at the last gubernatorial
election, arranged alphabetically, according to the party name
or appellation. A square of sufficient size for the convenient
insertion of a cross mark shall be placed at the right of each
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* * *
(h) The official ballots shall be printed on paper of the
correct size for the machines used by a county and watermarked
with the name of the county in which it shall be used.
Section 11. Section 1007(a) of the act is amended to read:
Section 1007. Number of Ballots to Be Printed; Specimen
Ballots.--(a) The county board of each county shall provide for
each election district a supply of official election ballots
for:
[(7) any primary election in an amount equal to at least 50%
of the total number of registered electors in an election
district, less the number of registered electors in the election
district who have requested an absentee or mail-in ballot; and
(8) any general election in an amount equal to at least 100%
of the total number of registered electors in an election
district, less the number of registered electors in the election
district who have requested an absentee or mail-in ballot. ]
(9) 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;
(10) 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
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nominated;
(11) 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;
(12) 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;
(13) 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 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
(14) 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.
* * *
Section 12. Sections 1106, 1107 and 1111 of the act are
amended by adding subsections to read:
Section 1106. Examination and Approval of Voting Machines by
the Secretary of the Commonwealth.--
* * *
(g) Examination shall include, but is not limited to,
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operation, the ballot reader, the digital printer, the fail-safe
operations, the counting center environmental requirements and
the equipment reliability estimate.
(h) For the purposes of examining the system, the secretary
shall employ or contract for the services of at least one
individual who is an expert in one or more fields of data
processing, mechanical engineering and public administration and
shall require from the individual a written report of his or her
examination.
(i) Within thirty days after completing the examination and
upon approval of any electronic or electromechanical voting
system, the secretary shall make and maintain a report on the
system, together with a written or printed description and
drawings and photographs clearly identifying the system and the
operation thereof. As soon as practicable after the filing, the
department shall send a notice of certification and upon
request, a copy of the report to county boards of elections in
this Commonwealth. The report under this subsection shall be a
public record under the act of February 14, 2008 (P.L.6, No.3),
known as the "Right-to-Know Law."
(j) After a voting system has been approved by the
secretary, any change or improvement in the system must be
approved by the secretary prior to the adoption of the change or
improvement by a county. If the change or improvement does not
comply with the requirements of this act, the secretary shall
suspend sales of the equipment or system in this Commonwealth
until the equipment or system complies with the requirements of
this act.
(k) The secretary shall examine and approve at least two
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section 1123-A .
(l) The secretary shall examine and approve all electronic
or electromechanical devices used in the casting, processing or
tabulation of ballots or in the recording of electors,
including, but not limited to, ballot sorters, envelope
extractors, ballot scanners and electronic pollbooks.
(m) The examination and approval under subsection (l) shall
ensure that the device conforms with standards to provide
timeliness and accuracy in the casting and counting of ballots
or in the recording of electors.
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:
* * *
(u) It shall immediately reject a ballot where the number of
votes for an office or question exceeds the number which the
elector is entitled to cast or where the tabulating equipment
reads the ballot as a ballot with no votes cast.
(v) It shall be capable of providing records from which the
operation of the voting system may be audited.
(w) It shall be capable of recording votes from ballots of
different political parties from the same precinct for a primary
election.
(x) It shall be manufactured in the United States and sold
by a vendor with a primary place of business within the United
States.
(y) It shall utilize open-source software code.
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30 (z) It shall fully comply with the most recently adopted
Voluntary Voting System Guidelines developed by the Election
Assistance Commission.
(z.1) The requirements of subsections (u), (v), (w), (x),
(y) and (z) shall apply only to machines newly examined or
approved by the secretary after 2025. No machines purchased by a
county prior to 2025 shall be decertified on the basis of
noncompliance with subsection (u), (v), (w), (x), (y) or (z).
Section 1111. Preparation of Voting Machines by County
Election Boards.--
* * *
(g) On any day not more than thirty-five (35) days before
the commencement of voting, the county election board shall have
the automatic tabulating equipment publicly tested to ascertain
that the equipment will correctly count the votes cast for all
offices and on all measures. If the ballots to be used at the
polling place on election day are not available at the time of
the testing, the county election board may conduct an additional
test not more than ten (10) days before election day. Public
notice of the time and place of the test shall be given at least
forty-eight (48) hours prior to the test by publication on the
county election board's publicly accessible Internet website and
once in one or more newspapers of general circulation in the
county or, if there is no newspaper of general circulation in
the county, by posting the notice in at least four conspicuous
places in the county. The county election board shall provide
written notice to each candidate for election of the time and
location of the public preelection test. The test shall be open
to representatives of the political parties, the press and the
public and shall be video recorded and broadcast simultaneously
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30 on a publicly accessible Internet website. Each political party
may designate one person with expertise in the computer field
who shall be allowed in the central counting room when tests are
being conducted and when the official votes are being counted.
The designee shall not interfere with the normal operation of
the canvassing board.
(h) For electronic or electromechanical voting systems
configured to tabulate mail-in or absentee ballots at a central
or regional site, the public testing shall be conducted by
processing a preaudited group of ballots so produced as to
record a predetermined number of valid votes for each candidate
and on each measure and to include one or more ballots for each
office which have activated voting positions in excess of the
number allowed by law in order to test the ability of the
automatic tabulating equipment to reject the votes. If an error
is detected, the cause of the error shall be corrected and an
errorless count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated and errorless
results must be achieved immediately before the start of the
official count of the ballots and again after the completion of
the official count. The programs and ballots used for testing
shall be sealed and retained under the custody of the county
election board.
(i) For electronic or electromechanical voting systems
configured to include electronic or electromechanical tabulation
devices which are distributed to the precincts, all or a sample
of the devices to be used in the election shall be publicly
tested. If a sample is to be tested, the sample shall consist of
a random selection of at least ten per cent of the devices. The
test shall be conducted by processing a group of ballots,
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30 causing the device to output results for the ballots processed
and comparing the output of results to the results expected for
the ballots processed. The group of ballots shall be produced so
as to record a predetermined number of valid votes for each
candidate and on each measure and to include for each office one
or more ballots which have activated voting positions in excess
of the number allowed by law in order to test the ability of the
tabulating device to reject such votes.
(j) If a tested tabulating device is found to have an error
in tabulation, it shall be deemed unsatisfactory. For each
device deemed unsatisfactory, the county election board shall
take steps to determine the cause of the error, shall attempt to
identify and test other devices that could reasonably be
expected to have the same error and shall test a number of
additional devices sufficient to determine that each device is
satisfactory. Upon deeming a device unsatisfactory, the county
election board may require all devices to be tested or may
declare that all devices are unsatisfactory.
(k) If the operation or output of any tested tabulation
device, such as spelling or the order of candidates on a report,
is in error, the problem shall be reported to the county
election board, which shall determine if the reported problem
warrants the county election board deeming the device
unsatisfactory.
(l) At the completion of testing under this section, the
county election board, the representatives of the political
parties and the candidates or their representatives who attended
the test shall witness the resetting of each device that passed
to a preelection state of readiness and the sealing of each
device that passed in such a manner as to secure its state of
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30 readiness until the opening of the polls.
(m) The county election board shall execute a written
statement setting forth the tabulation devices tested, the
results of the testing, the protective counter numbers, if
applicable, of each tabulation device, the number of the seal
securing each tabulation device at the conclusion of testing,
any problems reported to the board as a result of the testing
and whether each device tested is satisfactory or
unsatisfactory. The written statement under this subsection
shall be a public record under the act of February 14, 2008
(P.L.6, No.3), known as the "Right-to-Know Law."
(n) Any tabulating device deemed unsatisfactory shall be
recoded, repaired or replaced and shall be made available for
retesting. The device must be determined by the county election
board to be satisfactory before the device may be used in an
election. The county election board shall announce at the close
of the first testing the date, place and time that an
unsatisfactory device will be retested or may, at the option of
the board, notify by telephone each person who was present at
the first testing as to the date, place and time that the
retesting will occur.
(o) Records must be kept of all preelection testing of
electronic or electromechanical tabulation devices used in an
election. The records shall be present and available for
inspection and reference during public preelection testing by
any person in attendance during the testing. The need of the
county election board for access to the records during the
testing shall take precedence over the need of other attendees
to access such records so that the work of the county election
board will not be delayed or hindered. Records of testing must
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30 include, for each device, the name of each person who tested the
device and the date, place, time and results of each test.
Records of testing shall be retained as part of the official
records of the election in which any device was used and shall
be public records u nder the "Right-to-Know Law."
(p) The county election board shall submit a copy of all
records required under this section to the Office of the Auditor
General.
Section 13. Sections 1112(c)1, 1106-A and 1117-A of the act
are amended to read:
Section 1112. Delivery of Voting Machines and Supplies by
County Election Boards to Election Officers.--
* * *
(c) The county election board shall furnish, at the expense
of the county, and deliver with each voting machine:
1. A [lantern] flashlight, or a proper substitute for one,
which, in the case of a loss of electricity, shall give
sufficient light to enable voters, while in the voting machine
booth, to read the ballot labels, and suitable for the use of
election officers in examining the counters. The [ lantern]
flashlight, or proper substitute therefor, shall be prepared and
in good order for use before the opening of the polls.
* * *
Section 1106-A. Experimental Use of Electronic Voting
Systems.--(a) The county board of elections of any county may
provide for experimental use at any primary or election in one
or more election districts of said county, of an electronic
voting system, and the use of such system shall be as valid for
all purposes as if the electronic voting system had been adopted
in accordance with the provisions of this act.
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30 (b) The Secretary of the Commonwealth may approve the use of
an experimental electronic voting system by the county board of
elections of any county which complies with section 1306(a) for
absentee voters as provided for in the Uniformed and Overseas
Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924)
and for disabled voters if the system allows the elector to mark
his electronic ballot in secrecy as provided for paper absentee
ballots pursuant to section 1306(a). The system shall be exempt
from the requirements of sections 1107-A, 1302, 1303, 1304, 1305
and 1306.
(c) The Secretary of the Commonwealth shall investigate the
use and viability of blockchain technology for the purposes of
electronic voting by disabled voters and absentee voters as
provided for in the Uniformed and Overseas Citizens Absentee
Voting Act.
Section 1117-A. [Statistical Sample.--The county board of
elections, as part of the computation and canvass of returns,
shall conduct a statistical recount of a random sample of
ballots after each election using manual, mechanical or
electronic devices of a type different than those used for the
specific election. The sample shall include at least two (2) per
centum of the votes cast or two thousand (2,000) votes whichever
is the lesser.] Post-election Audit.--The county board of
elections, as part of the computation and canvass of returns,
and prior to certification, shall cooperate in a result-
confirming audit conducted by the department of the Auditor
General. The audit shall be a ballot-comparison risk-limiting
audit, conducted with a risk limit of one (1) per centum for
mail-in and absentee ballots and for ballots cast on voting
machines, the audit shall be a ballot-polling risk-limiting
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30 audit, conducted with a risk limit of one (1) per centum.
Section 14. The act is amended by adding sections to read:
Section 1123-A. Requirements of Accessible Voting
Machines.--An accessible voting machine may not, upon any
examination or reexamination, be approved by the Secretary of
the Commonwealth, or by an examiner appointed by the secretary,
unless the accessible voting machine satisfies the following
requirements:
(1) The voting system must provide a tactile input or audio
input device, or both.
(2) The voting system must provide a method by which voters
can confirm any tactile or audio input by having the capability
of audio output using synthetic or recorded human speech that is
reasonably phonetically accurate.
(3) Any operable controls on the input device which are
needed for voters who are visually impaired must be discernible
tactilely without actuating the keys.
(4) Audio and visual access approaches must be able to work
both separately and simultaneously.
(5) If a nonaudio access approach is provided, the system
may not require color perception. The system must use black text
or graphics, or both, on white background or white text or
graphics, or both, on black background, unless the office of the
secretary approves other high-contrast color combinations that
do not require color perception.
(6) Any voting system that requires any visual perception
must offer the election official who programs the system, prior
to its being sent to the polling place, the capability to set
the font size, as it appears to the voter, from a minimum of 14
points to a maximum of 24 points.
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30 (7) The voting system must provide audio information,
including any audio output using synthetic or recorded human
speech or any auditory feedback tones that are important for the
use of the audio approach, through at least one mode, by handset
or headset, in enhanced auditory fashion (increased
amplification), and must provide incremental volume control with
output amplification up to a level of at least 97 db spl.
(8) For transmitted voice signals to the voter, the voting
system must provide a gain adjustable up to a minimum of 20 db
spl with at least one intermediate step of 12 db spl of gain.
(9) For the safety of others, if the voting system has the
possibility of exceeding 120 db spl, a mechanism must be
included to reset the volume automatically to the voting
system's default volume level after every use.
(10) If sound cues and audible information such as "beeps"
are used, there must be simultaneous corresponding visual cues
and information.
(11) Controls and operable mechanisms must be operable with
one hand, including operability with a closed fist and
operability without tight grasping, pinching or twisting of the
wrist.
(12) The force required to operate or activate the controls
must be no greater than five pounds of force.
(13) Voting booths must have voting controls at a minimum
height of 36 inches above the finished floor with a minimum knee
clearance of 27 inches high, 30 inches wide and 19 inches deep,
or the accessible voter interface devices must be designed so as
to allow their use on top of a table to meet these requirements.
Tabletop installations must include adequate privacy.
(14) Any audio ballot must provide the voter with the
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(i) After the initial instructions that the system requires
election officials to provide to each voter, the voter should be
able to independently operate the voter interface through the
final step of casting a ballot without assistance.
(ii) The voter must be able to determine the races that he
or she is allowed to vote in and to determine which candidates
are available in each race.
(iii) The voter must be able to determine how many
candidates may be selected in each race.
(iv) The voter must be able to have confidence that the
physical or vocal inputs given to the system have selected the
candidates that he or she intended to select.
(v) The voter must be able to review the candidate
selections that he or she has made.
(vi) Prior to the act of casting the ballot, the voter must
be able to change any selections previously made and confirm a
new selection.
(vii) The system must communicate to the voter the fact that
the voter has failed to vote in a race or has failed to vote the
number of allowable candidates in any race and require the voter
to confirm his or her intent to undervote before casting the
ballot.
(viii) The system must prevent the voter from overvoting any
race.
(ix) The voter must be able to input a candidate's name in
each race that allows a write-in candidate.
(x) The voter must be able to review his or her write-in
input to the interface, edit that input and confirm that the
edits meet the voter's intent.
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voter takes to "cast" the ballot. The system must make clear to
the voter how to take this action so that the voter has minimal
risk of taking the action accidentally but, when the voter
intends to cast the ballot, the action can be easily performed.
(xii) Once the ballot is cast, the system must confirm to
the voter that the action has occurred and that the voter's
process of voting is complete.
(xiii) Once the ballot is cast, the system must preclude the
voter from modifying the ballot cast or voting or casting
another ballot.
Section 1124-A. Voting System Defects, Disclosure,
Investigations and Penalties.-- (a) No lat er than January 1 of
every odd-numbered year, each vendor shall file a written
disclosure with the department identifying any known defect in
the voting system or the fact that there is no known defect, the
effect of any defect on the operation and use of the approved
voting system and any known corrective measures to cure a
defect, including, but not limited to, advisories and bulletins
issued to system users.
(b) Implementation of corrective measures approved by the
department which enable a system to conform to the standards and
ensure the timeliness and accuracy of the casting and counting
of ballots constitutes a cure of a defect.
(c) If a vendor becomes aware of the existence of a defect,
the vendor must file a new disclosure with the department as
provided in subsection (a) within 30 days of the date the vendor
determined or reasonably should have determined that the defect
existed.
(d) If a vendor discloses to the department that a defect
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30 exists, the department may suspend all sales or leases of the
voting system in this Commonwealth and may suspend the use of
the system in any election in this Commonwealth. The department
shall provide written notice of a suspension under this
subsection to the affected vendor and county boards of
elections. If the department determines that the defect no
longer exists, the department shall lift the suspension and
provide written notice to each affected vendor and supervisor of
elections.
(e) If a vendor fails to file a required disclosure for a
voting system previously approved by the department, that system
may not be sold, leased or used for elections in this
Commonwealth until the voting system has been submitted for
examination and approval under this act. The department shall
provide written notice to each county board of elections that
the system is no longer approved.
(f) If the department has reasonable cause to believe a
voting system approved under this act contains a defect either
before, during or after an election which has not been disclosed
pursuant to this section, the department shall investigate
whether the voting system has a defect.
(g) The department shall initiate an investigation on its
own initiative or upon the written request of the board of
elections of a county that purchased a voting system that
contains the alleged defect.
(h) Upon initiation of an investigation, the department
shall provide written notice to the vendor and each county board
of elections.
(i) If the department determines by a preponderance of the
evidence that a defect exists in the voting system, or that
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the department shall provide written notice to the affected
vendor and county board of elections.
(j) A vendor who receives notice of a defect shall, within
ten days of receipt of the notice under subsection (i) , file a
written response to the department which:
(1) denies that the alleged defect exists or existed as
alleged by the department or that the vendor failed to timely
disclose a defect and sets forth the reasons for the denial; or
(2) admits that the defect exists or existed as alleged by
the department or that the vendor failed to timely disclose a
defect.
(k) If the defect has been cured, the vendor shall provide
an explanation of how the defect was cured.
(l) If the defect has not been cured, the vendor shall
inform the department whether the defect can be cured and shall
provide the department with a plan for curing the defect.
(m) If the defect can be cured, the department shall
establish a time frame within which to cure the defect.
(n) If, after receiving a response from the vendor, the
department determines that a defect does not exist or has been
cured within the time frame established by the department, the
department shall take no further action.
(o) If the department determines that a vendor failed to
timely disclose a defect or that a defect exists and a vendor
has not filed a written response or has failed to cure the
defect within the time frame established by the department, or
if the defect cannot be cured, the department shall impose a
civil penalty of $25,000 for the defect plus an amount equal to
the actual costs incurred by the department in conducting the
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(p) If the department finds that a defect existed:
(1) The department may suspend all sales and leases of the
voting system and may suspend its use in any county in this
Commonwealth. The department shall provide written notice of the
suspension to each affected vendor and county board of
elections.
(2) If the department determines that a defect no longer
exists in a voting system that has been suspended from use under
this section, the department shall lift the suspension and
authorize the sale, lease and use of the voting system in any
election in this Commonwealth. The department shall provide
written notice that the suspension has been lifted to each
affected vendor and county board of elections.
(3) If the defect cannot be cured, the department may
disapprove the voting system for use in elections in this
Commonwealth. The department shall provide written notice to all
directors of elections that the system is no longer approved.
After approval of a system that has been withdrawn under this
paragraph, the system may not be sold, leased or used in this
Commonwealth until it has been resubmitted for examination and
approval and adopted for use under this act.
(4) A vendor for whom a civil penalty was imposed under this
section may not submit a voting system for approval by the
department or enter into a contract for sale or lease of a
voting system in this Commonwealth until each civil penalty has
been paid and the department provides written confirmation of
the payment to the county board of elections.
(q) The department shall prepare a written report of any
investigation conducted under this section and submit the report
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30 to the President pro tempore of the Senate, the Speaker of the
House of Representatives, the Majority Leader and Minority
Leader of the Senate, the Majority Leader and Minority Leader 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.
(r) The authority of the department under this section shall
be in addition to, and not exclusive of, any other authority
provided by law.
(s) For the purposes of this section:
"Defect" means a failure, fault or flaw in an electronic or
electro-mechanic voting system approved under this act, which
results in nonconformance with the standards in a manner that
affects the timeliness or accuracy of the casting or counting of
ballots or a failure or inability of the voting system
manufacturer or vendor to make available and provide approved
replacements of hardware or software to the counties that have
purchased the approved voting system, the unavailability of
which results in the system's nonconformance with the standards
in a manner that affects the timeliness or accuracy of the
casting or counting of ballots.
"Department" means the Department of State of the
Commonwealth.
Section 15. Article XI-B of the act is repealed:
[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
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"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.
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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.
(c) Debt or liability.--
(1) Bonds issued under this article shall not be a debt
or liability of the Commonwealth and shall not create or
constitute any indebtedness, liability or obligation of the
Commonwealth.
(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
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(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
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(3) The term of the bonds issued under this article may
not exceed 10 years from the respective date of original
issuance.
(c) Expiration.--For the purpose of this article,
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
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30 with the issuance of any series of bonds or refunding bonds
authorized under this section.
(c) Security.--Bond obligations and bond administrative
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.
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30 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
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30 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 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
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30 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.
(c) Documentation for subsequent purchase or lease.--If a
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
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30 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 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),
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30 (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. ยง 1901(b)(1) (relating to removal of electors) and
mailed notices required under 25 Pa.C.S. ยง 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. ยง
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 16. The act is amended by adding an article to read:
ARTICLE XI-C
ELECTION EQUIPMENT FUNDING
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30 Section 1101-C. 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 Election Equipment Funding Program Account
established under section 1105-C(c).
"Authority." The Commonwealth Financing Authority.
"Board." The board of directors of the authority.
"Election equipment." Any of the following:
(1) Voting machines.
(2) Sorters.
(3) Extractors.
(4) Electronic poll books.
(5) Servers for data storage.
(6) Tabulators.
"Program." The Election Equipment Funding Program
established under section 1102-C.
Section 1102-C. Establishment.
The Election Equipment Funding Program is established. The
authority shall administer and act as the fiscal agent for the
program and shall be responsible for receiving and reviewing
grant applications and awarding grants. The purpose of the
program shall be to award grants to counties for the purchase
and maintenance of election equipment.
Section 1103-C. Grant awards.
Grant awards shall be at the discretion of the authority and
shall be limited to amounts appropriated to the authority for
the program.
Section 1104-C. Application.
(a) Period.--The authority shall establish an annual
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30 application period during which applications for grant funding
under the program may be submitted. The annual application
period shall be no fewer than 21 days and no longer than 60
days.
(b) Form and contents.--An application shall be submitted to
the authority . An application shall include the following
information:
(1) A receipt for the equipment purchased.
(2) Verification that the specific equipment purchased
has been certified by the Election Assistance Commission and
the Department of State.
(3) A copy of the security protocols for each type of
equipment.
(4) A copy of the most recent post-election audit
conducted in that county.
(5) A copy of the Auditor General's report on the most
recent election conducted in that county, including any
corrective action plan issued under section 109(e)(6).
(6) A copy of any service contract agreed to as part of
the purchase of equipment.
(c) Review.--In reviewing an application, the authority
shall conduct a review of each item required under subsection
(b) to ensure that the county and equipment being purchased is
in full compliance with this act.
(d) Criteria.--The authority shall award grants based on a
county's compliance with this act. Specific criteria to be
considered when weighing an application shall be:
(1) Whether the county submitting an application has
provided proof of full compliance with this act during the
most recent election.
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30 (2) Whether the equipment purchased qualifies for
reimbursement under this act.
Section 1105-C. Implementation.
(a) Requirements.--
(1) The requirements for the administration of the
program shall be as follows:
(i) An application for a grant under this section
must be received by a deadline established by the
authority.
(ii) The authority shall execute a grant agreement
between the board and a county before the payment of a
grant award.
(iii) A county shall maintain full and accurate
records for the purchase or maintenance of election
equipment.
(iv) A county shall submit to the authority copies
of all canceled checks or other records verifying
expenditures of grant money.
(2) The authority may establish additional requirements
for the program as the authority deems necessary to
administer the program.
(b) Restrictions and limitations.--
(1) Any unused portion of a grant award shall be
returned to the authority.
(2) Grant money may not be used for any of the
following:
(i) The operation of satellite election offices or
ballot return locations.
(ii) The mailing of applications for mail-in or
absentee ballots to electors.
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30 (iii) A voter education or election awareness
program.
(3) The authority may establish additional restrictions
and limitations as the authority deems necessary to
administer the program.
(c) Account.--
(1) The authority shall establish the Election Equipment
Funding Program Account.
(2) The purpose of the account shall be to award grants
under this act.
(3) The following shall be sources of funding for the
account:
(i) Appropriations, including Federal money.
(ii) Return on the money in the account.
(4) Money in the account is appropriated on a continuing
basis to the authority.
(d) Guidelines.--Within 180 days of the effective date of
this section, the board shall adopt guidelines to implement this
section. The guidelines shall include provisions for submission,
review and approval of applications and award of grants.
Section 17. The act is amended by adding sections to read:
Section 1201.3. Voter's Bill of Rights.-- Each registered
voter in this Commonwealth shall have the right to:
(1) Vote and have his or her vote accurately counted.
(2) Cast a vote if he or she is in line at the time of the
closing of polls.
(3) Ask for and receive assistance in voting.
(4) Receive up to two replacement ballots if he or she makes
a mistake prior to the ballot being cast.
(5) Receive an explanation if his or her registration or
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30 identity is in question.
(6) Cast a provisional ballot, if his or her registration or
identity is in question.
(7) Receive written instructions to use when voting and,
upon request, oral instructions from elections officers to use
when voting.
(8) Vote free from coercion or intimidation by elections
officers or any other person.
(9) Vote on a voting system that is in working condition and
that will allow votes to be accurately cast and accurately
counted.
(10) Any other rights as provided by Federal, State or local
law.
Section 1201.4. Senior Voter's Bill of Rights.--In addition
to the rights of a voter under section 1201.3, a voter in this
Commonwealth who is 70 years of age or older shall have the
right to:
(1) Receive any assistance necessary to successfully cast a
ballot.
(2) Move to the front of the line upon arrival at a polling
place.
(3) Receive assistance through supervised voting under
section 1306.2.
(4) Any other rights as provided by Federal, State or local
law.
Section 1201.5. Disabled Voter's Bill of Rights.--In
addition to the rights of a voter under section 1201.3, a voter
in this Commonwealth who is disabled shall have the right to:
(1) Receive any assistance necessary to successfully cast a
ballot.
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30 (2) Move to the front of the line upon arrival at a polling
place.
(3) Bring into a polling place or elections office a service
animal qualified under 42 U.S.C. Ch. 126 (relating to equal
opportunity for individuals with disabilities).
(4) Vote using an accessible voting machine approved under
this act.
(5) Have all polling places in this Commonwealth meet
accessibility requirements under 42 U.S.C. Ch. 126.
(6) For a polling place that meets accessibility
requirements under the Americans with Disabilities Act of 1990
(Public Law 101-336, 104 Stat. 327), request that a ballot be
brought by election officers outside the polling place of the
qualified elector, provided that:
(i) A qualified elector's vote under this section shall be
cast within one hundred fifty (150) feet of the entrance to the
polling place.
(ii) The qualified elector shall mark the ballot in the
presence of two election officers, with one representing each of
the political parties with the greatest number of registered
electors in this Commonwealth.
(iii) The qualified elector shall mark the ballot in a
secret manner and, obscuring the vote, return the ballot to the
election officers. The election officers shall immediately
return to the polling place and deposit the ballot in the voting
machine.
(iv) The electronic poll book utilized by the polling place
shall be brought to the qualified elector, if possible, or
otherwise made to record the qualified elector's participation
in the election.
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30 (v) A record shall be made of each elector voting under this
section and of each election officer assisting in the casting of
each such ballot.
(7) Any other rights as provided by Federal, State or local
law.
Section 18. Sections 1204, 1205, 1209(a), 1210(a.3)(4),
1218(a) and 1231(a) and (b)(1), (3) and (4) of the act are
amended to read:
Section 1204. Delivery of Ballots and Supplies to Judges of
Election.--(a) The [cards of instruction, return sheets, tally
papers, statements, oaths of election officers, affidavits,
voter's certificates, and other forms and supplies required for
use in each election district, and also the district register of
such district, and in districts in which ballots are used, the
official and specimen ballots prepared for use therein, shall be
packed by the county board of elections in separate sealed
packages for each election district, marked on the outside so as
to clearly designate the districts for which they are intended,
and, in the case of districts in which ballots are used, the
number of ballots of each kind enclosed. They shall then be
delivered by the county board, ] following materials shall be
prepared by the county board and delivered to all districts:
(1) Cards of instruction.
(2) Return sheets.
(3) Tally papers.
(4) Statements.
(5) Written oaths of election officers.
(6) Affidavits.
(7) Voter's certificates.
(8) Other forms and supplies.
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30 (9) The district register of each district.
(10) The official and sample ballots prepared.
(b) The materials shall be delivered by the election board,
together with the ballot box , which shall bear the name and
number of the election district, to the judges of election in
the [several] election districts[ ,] not later than the day prior
to the day of the primary or election[ : Provided, however, That
if,]. If, for any reason, it is impossible to deliver [ such] the
packages to the judge of election in any district, [ such] the
packages may be delivered to one of the inspectors [ therein] or
the judges or inspectors may pick up the materials . The
respective judges of election or inspectors shall, [ on delivery
to them of such packages, ] upon delivery, return receipts
[therefor] to the county board[ , which]. The board shall keep a
record of the time [ when and the] and manner in which the
[several] packages are delivered. [ The county board may, in its
discretion, require the respective judges of election to call at
its office to obtain the said packages. ]
Section 1205. Time for Opening and Closing Polls.--At all
primaries and elections the polls shall be opened at 7 A.M.[ ,
Eastern Standard Time, ] local time and shall remain open
continuously until 8 P.M.[ , Eastern Standard Ti me] local time,
at which time they shall be closed.
Section 1209. Opening of Polls; Posting Cards of Instruction
and Notices of Penalties and Voters' Rights; Examination of
Voting Machines.--(a) [ In districts in which ballots are used,
the election officers shall, after taking the oath, open the
ballot boxes which have been furnished to them, and burn and
totally destroy all the ballots and other papers which they may
find therein, before the opening of the polls.
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30 Whenever during any emergency, it becomes necessary to save
waste paper on account of a shortage thereof, the Governor of
the Commonwealth may, by proclamation, suspend the foregoing
provisions relating to the destruction of ballots and papers,
and in that case, the election board shall set the ballots and
other papers aside and they shall be collected and disposed of
by such means and in such manner as may be determined by the
county election board. ] When the polling place is opened, the
ballot box shall be securely locked[ ,] and shall not be opened
until the close of the polls, as provided in section 1221. At
the opening of the polls the seals of the packages furnished by
the county board shall be publicly broken[ , and the said
packages] and the packages shall be opened by the judge of
election. The cards of instruction and notices of penalties
shall be immediately posted in each voting compartment, and not
less than three [such] cards and notices of penalties and
voters' rights[,] and not less than five [ specimen] sample
ballots (at primaries five of each party)[ ,] shall be
immediately posted in or about the voting room outside the
enclosed space[, and such cards]. Cards of instruction, notices
of penalties and [specimen] sample ballots shall be given to any
elector [at his request, so long as there are any on hand. ] upon
request if the cards or sample ballots are available.
* * *
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.3) * * *
(4) As each voter is found to be qualified and votes, the
election officer in charge of the district register shall [ write
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30 or stamp] record the date of the election or primary, his number
in the order of admission to the voting machines, and at
primaries a letter or abbreviation designating the party in
whose primary he votes, and shall sign [ his name or initials in
the proper space on the registration card of such voter
contained in the district register. ] electronically.
* * *
Section 1218. Assistance in Voting.--
(a) [No voter shall be permitted to ] (1) Voters may not
receive any assistance in voting at any primary or election,
unless [there is recorded upon his registration card his
declaration], upon arriving to vote, the voter signs an
affidavit that, by reason of blindness, disability, or inability
to read or write, [he is] the voter:
(i) is unable to read the names on the ballot or on the
voting machine labels[ , or that he] or;
(ii) has a physical disability which renders [ him] the voter
unable to see or mark the ballot or operate the voting
machine[,] or to enter the voting compartment or voting machine
booth without assistance .[, the exact nature of such condition
being recorded on such registration card, and unless the
election officers are satisfied that he still suffers from the
same condition.]
(2) Election officers must be satisfied that the voter
suffers from the same condition in the affidavit in order to
receive assistance under paragraph (1).
(3) If the voter is blind or has impaired vision, an
election officer shall read the affidavit to the voter and
provide assistance in completion of the affidavit.
* * *
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30 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. A commission may not accept the registration
application of an individual until after the commission has
confirmed the individual's eligibility to register to vote under
Article VII-A.
(b) In the administration of voter registration, each
commission shall ensure that an applicant who is a qualified
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. ยง 1323 (relating
to application with driver's license application) ] section 723-
A, if the valid voter registration application is received by
the appropriate commission not later than [ fifteen] thirty days
before the election.
* * *
(3) In the case of voter registration at a voter
registration agency under 25 Pa.C.S. ยง 1325 (relating to
government agencies), if the valid voter registration
application is received by the appropriate commission not later
than [fifteen] thirty days before the election.
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30 (4) In any other case, if the valid voter registration
application of the applicant is received by the appropriate
commission not later than [ fifteen] thirty days before the
election.
* * *
Section 19. The act is amended by adding a section to read:
Section 1234. Prohibitions.--The Department of State, a
county or a municipality may not permit the following to be
established or offered at any election in this Commonwealth:
(1) Except as provided under section 1201.5, a polling place
at which electors may vote without leaving their vehicles.
(2) The mailing of any ballot to an elector who has not
requested one for that election under the provisions of this
act.
(3) The determination of the result of an election through
any method of ranked choice voting or a means by which electors
may cast any number of votes for candidates for an office
greater than the number of positions available for that office.
(4) The entering of any interstate compact relating to the
determination of the recipient of the Commonwealth's delegation
in the electoral college.
(5) The registration of any eligible voter who has not
submitted a valid application for registration to vote.
Section 20. Sections 1302(b), (i)(2) and (k), 1302.1(a) and
(a.3)(1) and (2) and 1305(b) of the act are amended to read:
Section 1302. Applications for Official Absentee Ballots.--*
* *
(b) The following shall apply:
(1) An application for a qualified elector under subsection
(a) shall contain the following information[ :], without which
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30 the application shall be rejected:
(i) 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 ] if
applicable.
(ii) Date of birth.[, length of time a resident of voting
district, voting district if known, party ]
(iii) Party choice in case of primary[ , name and, for a
military].
(iv) Name.
(v) For a military elector, his stateside military address,
FPO or APO number and serial number.
(vi) At least two of the following:
(A) Last four digits of the elector's Social Security
number.
(B) If the elector has a Pennsylvania driver's license, the
license number.
(C) The elector's voter registration number.
(1.1) A qualified elector's application shall contain the
following, but the application shall not be rejected if the
information is unknown or not provided:
(i) Voting district.
(ii) Length of time a resident of voting district.
(iii) Length of time a citizen.
(iv) Length of residence in this Commonwealth.
(2) 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.
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30 (3) When such application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
* * *
(i) * * *
(2) Nothing in this act shall prohibit a private
organization or individual from printing blank voter
applications for absentee ballots or shall prohibit the use of
such applications by another individual, provided the form,
content and paper quality have been approved by the Secretary of
the Commonwealth. Voter applications for absentee ballots
distributed under this section must clearly indicate that they
have not been sent or distributed by a county or by the
department and must be blank upon distribution to any elector.
* * *
(k) The Secretary of the Commonwealth [ may] shall develop an
electronic system through which all qualified electors may apply
for an absentee ballot and request permanent absentee voter
status under subsection (e.1), provided the system is able to
capture a digitized or electronic signature of the applicant. A
county board of elections shall treat any application or request
received through the electronic system as if the application or
request had been submitted on a paper form or any other format
used by the county.
Section 1302.1. Date of Application for Absentee Ballot.--
(a) Except as provided in subsection (a.3), applications for
absentee ballots shall be received in the office of the county
board of elections not earlier than fifty (50) days before the
primary or election, except that if a county board of elections
determines that it would be appropriate to its operational
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30 needs, any applications for absentee ballots received more than
fifty (50) days before the primary or election may be processed
before that time. Applications for absentee ballots shall be
processed if received not later than five o'clock P.M. of the
[first Tuesday] fifteenth day prior to the day of any primary or
election.
(a.3) (1) The following categories of electors may apply
for an absentee ballot under this subsection, if otherwise
qualified:
(i) An elector whose physical disability or illness
prevented the elector from applying for an absentee ballot
before five o'clock P.M. on the [ first Tuesday] fifteenth day
prior to the day of the primary or election.
(ii) An elector who, because of the elector's business,
duties or occupation, was unable to apply for an absentee ballot
before five o'clock P.M. on the [ first Tuesday] fifteenth day
prior to the day of the primary or election.
(iii) An elector who becomes so physically disabled or ill
after five o'clock P.M. on the [ first Tuesday] fifteenth day
prior to the day of the primary or election that the elector is
unable to appear at the polling place on the day of the primary
or election.
(iv) An elector who, because of the conduct of the elector's
business, duties or occupation, will necessarily be absent from
the elector's municipality of residence on the day of the
primary or election, which fact was not and could not reasonably
be known to the elector on or before five o'clock P.M. on the
[first Tuesday] fifteenth day prior to the day of the primary or
election.
(2) An elector described in paragraph (1) may submit an
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30 application for an absentee ballot at any time up until the time
of the closing of the polls on the day of the primary or
election. The application shall include a declaration describing
the circumstances that prevented the elector from applying for
an absentee ballot before five o'clock P.M. on the [ first
Tuesday] fifteenth day prior to the day of the primary or
election or that prevent the elector from appearing at the
polling place on the day of the primary or election, and the
elector's qualifications under paragraph (1). The declaration
shall be made subject to the provisions of 18 Pa.C.S. ยง 4904
(relating to unsworn falsification to authorities).
* * *
Section 1305. Delivering or Mailing Ballots.--
* * *
(b) (1) The county board of elections upon receipt and
approval of an application filed by any elector qualified in
accordance with the provisions of section 1301, subsections (i)
to (l), inclusive, shall commence to deliver or mail official
absentee ballots [as soon as a ballot is certified and the
ballots are available ] on the day after the deadline for
registering to vote in any election . While any proceeding is
pending in a Federal or State court which would affect the
contents of any ballot, the county board of elections may await
a resolution of that proceeding but in any event, shall commence
to deliver or mail official absentee ballots not later than the
second Tuesday prior to the primary or election. For those
applicants whose proof of identification was not provided with
the application or could not be verified by the board, the board
shall send the notice required under section 1302.2(d) with the
absentee ballot. As additional applications are received and
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30 approved after the time that the county board of elections
begins delivering or mailing official absentee and mail-in
ballots, the board shall deliver or mail official absentee
ballots to such additional electors within forty-eight hours.
[(2) Notwithstanding any other provisions of this act and
notwithstanding the inclusion of a mailing address on an
absentee or mail-in ballot application, a voter who presents the
voter's own application for an absentee or mail-in ballot within
the office of the county board of elections during regular
business hours may request to receive the voter's absentee or
mail-in ballot while the voter is at the office. This request
may be made orally or in writing. Upon presentation of the
application and the making of the request and upon approval
under sections 1302.2 and 1302.2-D, the county board of
elections shall promptly present the voter with the voter's
absentee or mail-in ballot. If a voter presents the voter's
application within the county board of elections' office in
accordance with this section, a county board of elections may
not deny the voter's request to have the ballot presented to the
voter while the voter is at the office unless there is a bona
fide objection to the absentee or mail-in ballot application. ]
(2) A county board of elections shall investigate the
circumstances of any absentee ballot returned as undeliverable
by the United States Postal Service. The investigation shall
include contacting the absentee elector, further attempts to
have the absentee ballot delivered and the correction or
reconsideration of the absentee elector's registration status
and registered address, if these are found to be incorrect.
(3) If a qualified absentee elector directs the qualified
elector's ballot to be mailed to an address other than the
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30 qualified elector's registered address, a county board of
elections shall additionally mail a notice of the request to the
qualified elector's registered address.
* * *
Section 21. Section 1306(a) introductory paragraph of the
act is amended and the section is amended by adding a subsection
to read:
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before eight o'clock P.M.
the day of the primary or election, the elector shall, in
secret, proceed to mark the ballot only in black lead pencil,
indelible pencil or blue, black or blue-black ink, in fountain
pen or ball point pen, and then fold the ballot, enclose and
securely seal the same in the envelope on which is printed,
stamped or endorsed "Official Election Ballot." This envelope
shall then be placed in the second one, on which is printed the
form of declaration of the elector, and the address of the
elector's county board of election and the local election
district of the elector. The elector shall then fill out, date
and sign the declaration printed on such envelope. [ Such
envelope shall then be securely sealed and the elector shall
send same by mail, postage prepaid, except where franked, or
deliver it in person to said county board of election. ]
* * *
(a.1) The elector shall, prior to eight o'clock P.M. on
election day, return his or her completed absentee ballot by one
of the following methods only:
(1) Delivery through the United States Postal Service to the
offices of his or her county board of elections.
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30 (2) Delivery in person to the permanent offices of his or
her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return location established under
the following conditions:
(i) A ballot return location may only be operated during the
hours of seven o'clock A.M. to eight o'clock P.M. during the
seven days prior to an election.
(ii) Ballot return locations may be established by a county
board of elections as necessary. The following shall apply:
(A) A county shall maintain at least one ballot return
location and may maintain an additional ballot return location
for each 100,000 residents of that county as of the most recent
census. The county board of election office may serve as a
ballot return location.
(B) Ballot return locations must be monitored by at least
one inspector of elections from each of the two parties with the
highest number of registered electors in this Commonwealth. If
two such inspectors of elections are unavailable to appear at a
ballot return location on any particular day, a county shall not
operate the ballot return location. Each inspector of elections
shall receive the same compensation provided for an election
under this act for each day on which he monitors a ballot return
location.
(C) The inspectors of election monitoring a ballot return
location shall verify the identification of each individual
returning a ballot consistent with the provisions of this act.
The inspectors of election shall also review each ballot prior
to the ballot's return to ensure completeness of the declaration
of the elector, signature and date. If, upon inspection and
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30 review of a ballot being returned, either inspector of election
believes the ballot or its method of return to be in violation
of any provision of this act, the ballot shall be secured
separately from all other ballots at the ballot return location,
and the inspectors of election shall record the date, time,
identity of the elector and a record of each ballot being
returned in potential violation of this act. The county board of
elections shall determine whether the ballots are in violation
of any provision of this act and, only if the county board of
elections is satisfied that a ballot is not in violation, shall
direct the ballot to be pre-canvassed or canvassed.
(D) Ballot return locations must be monitored by video
recording during each hour of operation. The recording must be
made available for public inspection and retained for a period
of two (2) years.
(E) Ballots returned to a location established under this
section must be promptly collected and secured each evening
after eight o'clock P.M., or immediately upon being closed for
the day, whichever is earlier.
(F) Each ballot return location intended to be established
in an election must be published under section 106 at least
thirty (30) days prior to establishment.
(G) Each ballot return location must be considered a polling
place for the requirements of this act, including accessibility,
access of observers and restriction of political activity.
(H) Ballot return locations must be established at a fixed
location for the duration of the seven (7) days prior to an
election.
(I) Ballot return locations must be evenly distributed
throughout a county to ensure equal access of voters.
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30 (J) After the establishment of in-person early voting under
Article XIII-F, ballot return locations may only be established
at the same premises as early voting locations in a county.
(K) No reimbursement shall be provided by the department or
the State Treasury for the costs that a county incurs in
operating ballot return locations.
(4) Nothing in this section shall be construed to prohibit
an elector from returning the completed ballot of another member
of his household, registered at the same residential address and
unit number. At any time that an elector appears with the intent
of returning more than one completed ballot, the inspectors of
election shall review the ballots for compliance with this
subsection.
* * *
Section 22. The act is amended by adding a section to read:
Section 1306.2. Supervised Voting by Qualified Absentee
Electors in Certain Facilities.--(a) The county board of
elections shall provide supervised voting for absent electors
residing in an assisted living facility or nursing home facility
within that county at the request of an administrator of the
facility. The request for supervised voting in the facility
shall be made by submitting a written request to the board of
elections no later than twenty-one (21) days prior to the
election for which that request is submitted. The request shall
specify the name and address of the facility and the name of
electors who wish to vote absentee in that election. If the
request contains the names of fewer than five voters, the board
of elections is not required to provide supervised voting.
(b) The county board of elections may, in the absence of a
request from the administrator of a facility, provide for
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30 supervised voting in the facility for persons who have requested
an absentee ballot. The county board of elections shall notify
the administrator of a facility that supervised voting will
occur.
(c) The county board of elections shall, in cooperation with
the administrator of a facility, select a date and time when the
supervised voting will occur.
(d) The county board of elections shall designate supervised
voting teams to provide services prescribed by this section.
Each supervised voting team shall include at least two persons.
Each supervised voting team must include representatives of at
least the two parties with the largest number of registered
electors in this Commonwealth, except that, in a primary
election to nominate party nominees in which only one party has
candidates appearing on the ballot, each supervised voting team
may be of only members of that party. Supervised voting teams
shall not be required to be employed by a county and may be
volunteers from each party, except that a candidate may not
provide supervised voting services.
(e) The supervised voting team shall deliver the ballots to
the respective absentee electors and each member of the team
shall jointly supervise the voting of the ballots. If an elector
requests assistance in voting, the oath prescribed under this
act shall be completed and the elector may receive the
assistance of two members of the supervised voting team or some
other person of the elector's choice to assist the elector in
casting the elector's ballot.
(f) Before providing assistance, the supervised voting team
shall disclose to the elector that the ballot may be retained to
vote at a later time and that the elector has the right to seek
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30 assistance in voting from some other person of the elector's
choice without the presence of the supervised voting team.
(g) If an elector declines to vote a ballot or is unable to
vote a ballot, the supervised voting team shall mark the ballot
"refused to vote" or "unable to vote."
(h) After the ballots have been voted or marked in
accordance with the provisions of this section, the supervised
voting team shall deliver the ballots to the county board of
elections.
(i) The department shall provide training and information to
assisted living facilities and nursing home facilities in order
to assist residents in voting, including applicable laws
regarding assistance in voting and penalties for violation of
election laws.
Section 23. Sections 1308(g)(1.1), (2) and (3), 1302-D(b)
and (g), 1302.1-D(a) and 1305-D of the act are amended to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) * * *
(1.1) The county board of elections shall meet [ no earlier
than seven o'clock A.M. on ] at least twice prior to election day
to pre-canvass all ballots received prior to the meeting.
Meetings to pre-canvass ballots may occur only between seven
o'clock A.M. and eleven o'clock P.M. on the five days prior to
election day and while polls are open on election day . A county
board of elections shall provide at least forty-eight hours'
notice of a pre-canvass meeting by publicly posting a notice of
a pre-canvass meeting on its publicly accessible Internet
website. One authorized representative of each candidate in an
election, one authorized representative of the county
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30 chairperson of each political party and one representative
[from] of each political party shall be permitted to remain in
the room in which the absentee ballots and mail-in ballots are
pre-canvassed. Authorized representatives shall be provided with
meaningful access to view and observe the entire process of pre-
canvassing or canvassing activities. Such access shall allow all
authorized representatives to easily read the text on any ballot
or envelope at any point in the process of pre-canvassing or
canvassing activities. A county board of elections must
designate an official to respond to issues reported by
authorized representatives. The department shall establish a
procedure for authorized representatives to report any concerns
arising from any pre-canvass meeting and the department must
investigate and report on any concerns raised in each election.
A county board of elections shall record the pre-canvassing and
canvassing meetings with audio and visual recording. The entire
recording under this section shall be made available only after
the close of the polls. No person observing, attending or
participating in a pre-canvass meeting may disclose the results
of any portion of any pre-canvass meeting prior to the close of
the polls.
(2) The county board of elections shall meet [no earlier
than] immediately upon the close of polls on the day of the
election [and no later than the third day following the
election] to begin canvassing absentee ballots and mail-in
ballots not included in the pre-canvass meeting. The meeting
under this paragraph shall continue until all absentee ballots
and mail-in ballots received prior to the close of the polls
have been canvassed. The county board of elections shall not
record or publish any votes reflected on the ballots prior to
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through the eighth day following the election for valid
military-overseas ballots timely received under 25 Pa.C.S. ยง
3511 (relating to receipt of voted ballot). A county board of
elections shall provide at least forty-eight hours' notice of a
canvass meeting by publicly posting a notice on its publicly
accessible Internet website. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are canvassed.
(3) When the county board of elections meets to pre-canvass
or canvass absentee ballots and mail-in ballots under paragraphs
(1), (1.1) and (2), the board shall [ examine] do all of the
following:
(i) Examine the declaration on the envelope of each ballot
not set aside under subsection (d) and shall compare the
information and signature thereon with that contained in the
"Registered Absentee and Mail-in Voters File," the absentee
voters' list and/or the "Military Veterans and Emergency
Civilians Absentee Voters File," whichever is applicable.
(ii) A county board of elections shall use an automated
sorting or extracting machine to assist in its processing of
absentee ballots and mail-in ballots, the machine must possess
capabilities as a signature verification device, and the
capabilities must additionally be used by the county board of
elections to assist in comparing the signature on each ballot
with the signature in a voter's file.
(iii) If the county board of elections has verified the
proof of identification as required under this act and is
satisfied that the declaration is sufficient [ and], that the
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Voters File," the absentee voters' list and/or the "Military
Veterans and Emergency Civilians Absentee Voters File" verifies
his right to vote[,] and that the signature on the ballot
matches the signature on file, the county board of elections
shall provide a list of the names of electors whose absentee
ballots or mail-in ballots are to be pre-canvassed or canvassed.
(iv) For absentee ballots or mail-in ballots which the
county board of elections is not satisfied that proof of
identification has been provided due to an inability to match
the signature present on the ballot to the signature on file, or
for a ballot on which the declaration of the elector is
incomplete, or are unsigned or undated, the county board shall:
(A) Attempt to notify the elector by mail, email, telephone
or text message that the elector's ballot is incomplete and will
not be counted unless action is taken by the elector prior to
the closing of polls on election day.
(B) Direct the elector to appear before the county board of
elections to complete the missing information or to provide an
electronic, facsimile or paper copy to the county board of
elections, including:
(I) proof of identification and an executed affirmation
attesting, under penalty of perjury, that the elector is the
same individual who personally remitted the absentee ballot or
mail-in ballot; or
(II) an executed affirmation attesting, under penalty of
perjury, that the elector is the same individual who personally
remitted the absentee ballot or mail-in ballot and that the
elector is indigent and unable to obtain proof of identification
without the payment of a fee.
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30 (v) For absentee ballots or mail-in ballots with incurable
errors, including lacking a secrecy envelope, or the marking of
identifying information on the secrecy envelope, the county
board shall:
(A) attempt to notify the elector by mail, email, telephone
or text message that the elector's ballot cannot be counted due
to an incurable error; and
(B) direct the elector to vote on election day using a
provisional ballot; or
(C) if the elector is unable to appear at his or her polling
place on election day due to a reason listed under section 1301,
direct the elector to apply for an emergency absentee ballot.
* * *
Section 1302-D. Applications for official mail-in ballots.
* * *
(b) Content.--The following shall apply:
(1) The qualified elector's application shall contain
the following information , without which the application
shall be rejected:
(i) Date of birth.
[(ii) Length of time a resident of voting district.
(iii) Voting district, if known. ]
(iv) Party choice in case of primary.
(v) Name.
(vi) At least two of the following:
(A) Last four digits of the elector's Social
Security number.
(B) If the elector has a Pennsylvania driver's
license, the license number.
(C) The elector's voter registration number.
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30 (1.1) The qualified elector's application shall contain
the following, but the application shall not be rejected if
this information is unknown or not provided:
(i) Voting district.
(ii) Length of time a resident of voting district.
(2) A qualified elector shall, in addition, [ specify the
address to which the ballot is to be sent, the relationship
where necessary and other information as may be determined by
the Secretary of the Commonwealth. ] specify his or her
registered address, or the mailing address associated with
his or her voter registration record, to which the ballot
must be delivered by mail.
(3) When an application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
* * *
(g) Permanent mail-in voting list.--
[(1) Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
during the calendar year. A mail-in ballot application shall
be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
required by this act. A mail-in ballot application mailed to
an elector under this section, which is completed and timely
returned by the elector, shall serve as an application for
any and all primary, general or special elections to be held
in the remainder of that calendar year and for all special
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the succeeding year. ]
(1) Neither the department nor the county shall maintain
a permanent mail-in voting list. A qualified elector must
separately request a mail-in ballot for each election in
which the qualified elector chooses to vote by mail,
including for each election held within the same calendar
year.
(2) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may
apply for a mail-in ballot [and request permanent mail-in
voter status] under this section, provided the system is able
to capture a digitized or electronic signature of the
applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
[(3) The transfer of a qualified registered elector on a
permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector. ]
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall be
received in the office of the county board of elections not
earlier than 50 days before the primary or election, except that
if a county board of elections determines that it would be
appropriate to the county board of elections' operational needs,
any applications for mail-in ballots received more than 50 days
before the primary or election may be processed before that
time. Applications for mail-in ballots shall be processed if
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30 received not later than five o'clock P.M. of the [ first Tuesday]
fifteenth day prior to the day of any primary or election.
* * *
Section 1305-D. Delivering or mailing ballots.
(a) Duty of county board of elections.-- The county board of
elections, upon receipt and approval of an application filed by
a qualified elector under section 1301-D, shall commence to
deliver or mail official mail-in ballots [ as soon as a ballot is
certified and the ballots are available ] on the day after the
deadline for registering to vote in an election . While any
proceeding is pending in a Federal or State court which would
affect the contents of any ballot, the county board of elections
may await a resolution of that proceeding but in any event,
shall commence to deliver or mail official mail-in ballots not
later than the second Tuesday prior to the primary or election.
For applicants whose proof of identification was not provided
with the application or could not be verified by the board, the
board shall send the notice required under section 1302.2-D(c)
with the mail-in ballot. As additional applications are received
and approved, the board shall deliver or mail official mail-in
ballots to the additional electors within 48 hours.
(b) Investigation by the county board of elections.--The
county board of elections shall investigate the circumstances of
any mail-in ballot returned as undeliverable by the United
States Postal Service. The investigation shall include
contacting the mail-in elector, further attempts to have his
ballot delivered, and the correction or reconsideration of his
registration status and registered address, if these are found
to be incorrect.
Section 24. Section 1306-D(a) of the act is amended and the
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30 section is amended by adding a subsection to read:
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in elector shall, in secret,
proceed to mark the ballot only in black lead pencil, indelible
pencil or blue, black or blue-black ink, in fountain pen or ball
point pen, and then fold the ballot, enclose and securely seal
the same in the envelope on which is printed, stamped or
endorsed "Official Election Ballot." This envelope shall then be
placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
county board of election and the local election district of the
elector. The elector shall then fill out, date and sign the
declaration printed on such envelope. [ Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election. ]
* * *
(a.2) Return of completed mail-in ballots.--The elector
shall, prior to eight o'clock P.M. on election day, return his
or her completed mail-in ballot by one of the following methods
only:
(1) Delivery through the United States Postal Service to
the offices of his county board of elections.
(2) Delivery in person to the permanent offices of his
or her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return location established
under the following conditions:
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during the hours of seven o'clock A.M. to eight o'clock
P.M. during the seven days prior to an election.
(ii) Ballot return locations may be established by a
county board of elections as necessary, provided that:
(A) A county shall maintain at least one ballot
return location and may maintain an additional ballot
return location for each 100,000 residents of that
county as of the most recent census. A county board
of election office may serve as a ballot return
location.
(B) Ballot return locations must be monitored by
at least one inspector of elections from each of the
two parties with the highest number of registered
electors in this Commonwealth. If two such inspectors
of elections are unavailable to appear at a ballot
return location on any particular day, a county shall
not operate the ballot return location. Each
inspector of elections shall receive the same
compensation provided for an election under this act
for each day on which he monitors a ballot return
location.
(C) The inspectors of election monitoring any
ballot return location shall verify the
identification of each individual returning a ballot
consistent with the provisions of this act. The
inspectors of election shall also ensure review of
each ballot prior to the ballot's return to ensure
completeness of the declaration of the elector,
signature and date. If, upon inspection and review of
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30 a ballot being returned, either inspector of election
believes the ballot or its method of return to be in
violation of any provision of this act, the ballot
shall be secured separately from all other ballots at
the ballot return location, and the inspectors of
election shall record the date, time, identity of the
elector and a record of each ballot being returned in
potential violation of this act. The county board of
elections shall determine whether the ballots are in
violation of any provision of this act and, only if
the county board of elections is satisfied that a
ballot is not in violation, shall direct the ballot
to be pre-canvassed or canvassed.
(D) Ballot return locations must be monitored by
video recording during each hour of operation. The
recording shall be made available for public
inspection and retained for a period of two years.
(E) Ballots returned to a location established
under this section must be promptly collected and
secured each evening after eight o'clock P.M., or
immediately upon being closed for the day, whichever
is earlier.
(F) Each ballot return location must be
considered a polling place for all requirements of
this act, including accessibility, access of
observers and restriction of political activity.
(G) Ballot return locations must be established
at a fixed location for the duration of the seven
days prior to an election.
(H) Ballot return locations must be evenly
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access of voters.
(I) After the establishment of in-person early
voting under Article XIII-F, ballot return locations
may only be established at the same premises as early
voting locations in a county.
(J) No reimbursement shall be provided by the
Department of State for the costs that a county
incurs in operating ballot return locations.
(4) Nothing in this subsection shall be construed to
prohibit an elector from returning the completed ballot of
another member of his or her household, registered at the
same residential address and unit number. At any time that an
elector appears with the intent of returning more than one
completed ballot, the inspectors of election shall review the
ballots for compliance with this subsection.
* * *
Section 25. Section 1302-E(c)(4) of the act is amended by
adding a subparagraph and the subsection is amended by adding
paragraphs to read:
Section 1302-E. Pennsylvania Election Law Advisory Board.
* * *
(c) Duties.--The board shall have the following duties:
* * *
(4) Evaluate and make recommendations on:
* * *
(iii) The rules prescribed in the official
instructions and procedures manual under this section
shall include regulations and restrictions governing any
vendors contracted by counties or the Department of State
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* * *
(6) To establish a working group with directors of
elections from a minimum of 10 counties, and together , to
prescribe rules to achieve and maintain the maximum degree of
correctness, impartiality, uniformity and efficiency on the
procedures for early voting and voting and of producing,
distributing, collecting, counting, tabulating and storing
ballots. The board shall also adopt rules regarding
transmittal of unvoted ballots, ballot requests, voted
ballots and other election materials to and from a qualified
absentee military or overseas elector, as defined under 52
U.S.C. ยง 20310 (relating to definitions) . The following shall
apply:
(i) The rules shall be prescribed in an official
instructions and procedures manual to be issued not later
than December 31 of each odd-numbered year immediately
preceding the general election. Before its issuance, the
manual shall be submitted to the President pro tempore of
the Senate, the Speaker of the House of Representatives,
the Majority Leader and Minority Leader of the Senate,
the Majority Leader and Minority Leader of the House of
Representatives, the chair and minority chair of the
State Government Committee of the Senate, the chair and
minority chair of the State Government Committee of the
House of Representatives and the Governor not later than
October 1 of the year before each general election.
(ii) Each rule included in the official instructions
and procedures manual must provide citations to relevant
provisions of this act.
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requirements for all county election officials, poll workers,
election observers, judges of elections and election
integrity officers. Training to fulfill the requirements must
be conducted by the Department of State and must be made
available on all business days.
(8) To adopt rules prescribing minimum standards for
nonpartisan voter education. The standards shall, at a
minimum, address:
(i) voter registration;
(ii) balloting procedures, by mail and polling
place;
(iii) voter rights and responsibilities;
(iv) distribution of sample ballots; and
(v) public service announcements.
(9) To receive reports from county boards of elections
required under section 302, to reexamine the rules adopted
under paragraph (8), and to use the findings in the reports
as a basis for modifying the rules to incorporate successful
voter education programs and techniques, as necessary.
* * *
Section 26. The act is amended by adding an article to read:
ARTICLE XIII-F
EARLY VOTING BY QUALIFIED ELECTORS
Section 1301-F. In-person early voting.
Beginning with the 2025 primary election, and for each
election thereafter, each county board of elections must provide
electors with the opportunity to vote at an early voting center,
prior to election day.
Section 1302-F. Operation.
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30 (a) Early voting centers.--
(1) Each early voting center shall be considered a
polling place for the purposes of this act.
(2) Early voting centers shall be established beginning
on the second Friday prior to an election and ending on the
first Wednesday prior to an election. A county shall operate
at least one early voting center, with an additional early
voting center for each 100,000 residents of the county at the
time of the most recent census, except that no county shall
be required to operate more than five early voting centers.
(3) Early voting centers shall be open from 7 A.M to 8
P.M. each day.
(4) The board shall provide at least 30 days' notice
prior to the establishment of any early voting center,
including location and intended hours of operation. The
notice under this paragraph shall be published under section
106.
(5) Early voting centers may be established only at a
permanent building which provides the security required under
paragraph (10), and which is a public library facility,
public or private school, college or university building,
courthouse or a municipal, county or Commonwealth owned
building.
(6) Early voting centers shall be established at
locations distributed throughout the county so as to ensure
equal access to all voters.
(7) An early voting center shall utilize electronic poll
books with the capability of scanning an elector's
identification and printing the appropriate ballot for that
elector.
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the requirements of 42 U.S.C. Ch. 126 (relating to equal
opportunity for individuals with disabilities).
(9) Voting at early voting centers shall be conducted
using the same type of voting machines utilized by that
county on election day.
(10) An early voting center shall be continually
secured, monitored by staff and monitored by video recording
from the beginning of the period provided for early voting
until the end, including overnight. Video recording shall be
retained and made available publicly.
(b) Duty of county board of elections.--During any early
voting period, each county board of elections shall make
available the total number of electors having cast a ballot at
each early voting location during the previous day. Each county
board shall prepare an electronic data file listing the
individual electors who cast a ballot during the early voting
period. This information shall be updated and made available no
later than noon of each day and shall be provided to the public
upon request.
Section 1303-F. Reimbursement.
Counties shall be reimbursed by the department for half of
the costs incurred in the operation of early voting centers.
Section 27. Section 1402 of the act is amended by adding a
subsection to read:
Section 1402. Returns to Be Open to Public Inspection;
Exceptions.--* * *
(a.1) Each ballot cast in an election shall be open to
public inspection at the office of the county board as soon as
practicable after an election, and for as long as the ballots
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shall be monitored to ensure the safety and integrity of each
ballot and shall be subject to the following:
(1) A county official and sheriff shall be present during a
public inspection of ballots.
(2) A ballot may not be altered, damaged, moved or destroyed
in the course of a public inspection.
(3) For the 2025 primary election, and for each election
thereafter, digital copies of each ballot shall be created,
retained and provided upon request, subject to the same
conditions as physical ballots.
* * *
Section 28. Section 1404(f) of the act is amended and the
section is amended by adding a subsection to read:
Section 1404. Computation of Returns by County Board;
Certification; Issuance of Certificates of Election.--
* * *
(c.1) It shall be the duty of each county board of
elections, before certification or the issuance of certificates
of election, to record the participation of each elector and the
article of this act by which the elector voted, in the voter
registration record established in 25 Pa.C.S. Ch. 12 Subch. B
(relating to Statewide Uniform Registry of Electors (SURE)). If
it appears that the total number of ballots cast in an election
district, or that the total number of votes returned for a
candidate for the same office or nomination at an election
exceeds the number of electors recorded as participating in that
election in that district, the excess shall be deemed a
discrepancy and palpable error, shall be investigated by the
return board and no votes shall be recorded from the district
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30 until an investigation is conducted. The excess shall authorize
the following:
(1) The summoning of the election officers, overseers,
machine inspectors and clerks to appear with any election papers
in their possession.
(2) The production of the ballot box before the return
board, the examination and scrutiny of its contents and of the
registration and election documents relating to the district, in
the presence of representatives of each party and candidate
interested who are attending the canvass of such votes.
(3) The recount of the ballots contained in the ballot box,
either generally or respecting the particular office,
nomination, or question as to which the excess exists, in the
discretion of the return board.
(4) The correction of the returns in accordance with the
result of the recount.
(5) In the discretion of the return board, the exclusion of
the poll of the district, either as to all offices, candidates,
questions and parties, or as to a particular office, candidate,
question or party as to which the excess exists, if the ballot
box is found to contain more ballots:
(i) than there are electors registered or enrolled in the
election district;
(ii) of one party than there are electors registered or
enrolled in the district as members of that party;
(iii) than the number of voters who voted at the election;
or
(iv) of one party than the number of voters of the party who
voted at the election.
(6) A report of the facts of the case to the district
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* * *
(f) (1) As the returns from each election district are
read, computed and found to be correct or corrected as
aforesaid, they shall be recorded on the blanks prepared for the
purpose until all the returns from the various election
districts which are entitled to be counted shall have been duly
recorded, when they shall be added together, announced and
attested by the clerks who made and computed the entries
respectively and signed by the members of the county board.
Returns under this subsection shall be considered unofficial for
five (5) days. The county board shall submit the unofficial
returns to the Secretary of the Commonwealth [ by five o'clock P.
M. on the Tuesday following the election. ] incrementally and as
often as practicable until all returns have been submitted. The
submission shall be as directed by the secretary for public
office which appears on the ballot in every election district in
this Commonwealth or for a ballot question which appears on the
ballot in every election district in this Commonwealth.
(2) The unofficial returns shall be posted to the Department
of State's publicly accessible Internet website and to each
county board of elections' publicly accessible Internet website.
The Secretary of the Commonwealth shall establish, for the use
of each website displaying unofficial returns, a consistent
template and interface which shall provide, in electronic
spreadsheet form:
(i) The total number of ballots voted in this Commonwealth,
in each county and in each voting district.
(ii) The total number of ballots voted by electors under
each article of this act.
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each voting district and each county, and the sum for the
Commonwealth, including the number of votes received by each
candidate or question under each article of this act.
(iv) The percentage of voting districts having reported
results .
(v) The percentage of registered electors who are recorded
as having voted in this Commonwealth, each county and each
voting district .
(vi) The total number of registered electors in this
Commonwealth, each county and each voting district .
(vii) The total number of mail-in and absentee ballots sent
by each county and the sum for this Commonwealth.
(viii) The total number of overseas and military ballots
mailed.
(ix) A website displaying unofficial returns shall provide
an interactive map allowing the information under subparagraphs
(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) to be viewed
for each election district, county and this Commonwealth. At any
time that unofficial results data previously posted to the
Department of State or a county's publicly accessible Internet
website is amended, corrected, deleted or updated in a manner
other than the inclusion of additional results, the Department
of State and an affected county shall post a disclosure to the
unofficial returns website explicitly noting the time such
update occurred, the reason and the impact on unofficial
returns.
(3) At the expiration of five (5) days after the completion
of the computation of votes, in case no petition for a recount
or recanvass has been filed in accordance with the provisions of
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30 this act, or upon the completion of the recount or recanvass if
a petition therefor has been filed within five (5) days after
the completion of the computation of votes, the county board
shall certify the returns so computed in said county in the
manner required by this act, unless upon appeals taken from any
decision, the court of common pleas shall have directed any
returns to be revised, or unless in case of a recount, errors in
the said returns shall have been found, in which case said
returns shall be revised, corrected and certified accordingly.
The county board shall thereupon, in the case of elections,
issue certificates of election to the successful candidates for
all county, city, borough, township, ward, school district, poor
district and election offices, and local party offices to be
filled by the votes of the electors of said county, or of any
part thereof.
* * *
Section 29. Article XVI-A of the act is repealed:
[ARTICLE XVI-A
Election Integrity Grant Program
Section 1601-A. 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 Election Integrity Restricted Account
established under section 1732-A.2 of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Program." The Election Integrity Grant Program established
under section 1602-A.
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30 Section 1602-A. Funding for elections.
(a) Election Integrity Grant Program.--The Election
Integrity Grant Program is established within the department to
provide grants to counties for the administration of elections.
(b) Appropriation.--Money in the account is appropriated to
the department on a continuing basis for the purposes under this
article.
(c) (Reserved).
(d) Application.--The following shall apply:
(1) By August 1, 2022, and each August 1 thereafter, the
department shall begin accepting applications from counties
seeking grant money under this section. The department shall
develop a form for a county to certify that the county
intends to use grant money for an eligible use under
subsection (f).
(2) If a county is seeking grants under this section,
the county shall apply to the department no later than August
15, 2022, and each August 15 thereafter.
(e) Distribution.--Each county shall be entitled to an
allotment equal to the total amount appropriated to the program
under this section multiplied by the quotient of the county's
number of registered voters divided by the total number of
registered voters in all counties. For the purposes of this
subsection, the department shall use the county's total number
of registered voters for the most recent primary election as
certified to the Secretary of the Commonwealth under section
302(m).
(f) Eligible uses.--A county shall use grant money awarded
under this section for any of the following purposes:
(1) Payment of staff needed to pre-canvass and canvass
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(2) Physical security and transparency costs for
centralized pre-canvassing and canvassing.
(3) Post-election procedures required under this act.
(4) List maintenance activities under 25 Pa.C.S. ยง
1901(b)(1) and (3) (relating to removal of electors).
(5) The printing of ballots.
(6) Training costs for district election officials.
(7) Payment of staff at polling places on election day.
(8) Secure preparation, transportation, storage and
management of voting apparatuses, tabulation equipment and
required polling place materials.
(9) Costs of county board of election duties related to
processing of voter registration applications.
(g) Payments.--The department shall make payments to
counties that applied for a grant under this section no later
than September 1, 2022, and each September 1 thereafter.
(h) Reporting.--No later than 90 days after the date of each
general, municipal and primary election, a county that received
a grant under this section shall report to the department, the
chairperson and minority chairperson of the State Government
Committee of the Senate and the chairperson and minority
chairperson of the State Government Committee of the House of
Representatives, on a form prescribed by the Department of
State, how the county used the grant money received under this
section.
(i) Clawback.--If a county fails to substantially comply
with the requirements of this section, the county shall return
the grant money received to the department for deposit into the
account. If a county fails to return the grant money, the county
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period of one year.
(j) Grant agreement.--The grant agreement between the
department and the county under this section shall include the
following requirements for counties:
(1) The county shall begin pre-canvassing at 7 a.m. on
election day and shall continue without interruption until
each mail-in ballot and absentee ballot received by 7 a.m. on
election day is pre-canvassed.
(2) The county shall begin canvassing mail-in ballots
and absentee ballots at 8 p.m. on election day and shall
continue without interruption until each ballot has been
canvassed.
(3) No later than 12:01 a.m. on the day following the
election, the county board of elections shall announce and
post on its publicly accessible Internet website an
unofficial number of absentee ballots and mail-in ballots
received for the election.
(4) A county shall certify to the department that the
county has completed a program under 25 Pa.C.S. ยง 1901(b)(1)
and mailed notices required under 25 Pa.C.S. ยง 1901(b)(3)
within the prior 12 months.
(5) The outcome of any post-election audit required
under this act shall be submitted with the certification to
the Secretary of the Commonwealth of the results of the
primary or general election under section 302(k) and shall be
posted on the Department of State's publicly accessible
Internet website.
Section 1603-A. County report.
(a) Report.--No later than 75 days after the effective date
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internal review of practices and certify to the Department of
State that the county is in compliance with each of the
following:
(1) Approval of voter registration applications under 25
Pa.C.S. ยง 1328(a) (relating to approval of registration
applications).
(2) Cancellation of deceased electors under 25 Pa.C.S. ยง
1505 (relating to death of registrant).
(3) Voter removal programs under 25 Pa.C.S. ยง 1901(b)(1)
and (3) (relating to removal of electors).
(4) Safe keeping of voted ballots under sections 1308(a)
and 1113-A.
(5) Enforcing the voter identification provisions of
sections 1302.2(b) and 1302.2-D.
(6) Pre-canvassing and canvassing of absentee ballots
and mail-in ballots under section 1308.
(b) Posting.--The certification by each county under
subsection (a) shall be posted on the Department of State's
publicly accessible Internet website. ]
Section 30. The act is amended by adding sections to read:
Section 1778. Powers and Duties of the Attorney General
Relating to Elections.--(a) The Attorney General shall, at
least ninety days prior to each primary election, nominate an
independent prosecutor for confirmation by the Senate. The
independent prosecutor shall review election complaints received
by the Department of State and the county boards of elections
for elections occurring during that calendar year. The
independent prosecutor shall have experience prosecuting
election law violations and shall coordinate efforts with each
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publish a report following each election including:
(1) The total number of complaints filed and to which entity
the complaint was filed.
(2) A summary of how each complaint was investigated by the
independent prosecutor.
(3) Recommendations to the General Assembly, the Department
of State and county boards of elections for reducing future
complaints.
(b) The report under this section shall be a public record
under the act of February 14, 2008 (P.L.6, No.3), known as the
"Right-to-Know Law."
Section 1779. Powers and Duties of District Attorneys
Relating to Elections.--The district attorney of each county in
this Commonwealth, or an appointee, shall serve as a county
election integrity officer for elections occurring in that
county. In an election year in which a district attorney is a
candidate in any election, the district attorney shall appoint
an independent prosecutor at least ninety days prior to a
primary election to serve as a county election integrity officer
for elections occurring during that calendar year.
Section 31. Sections 1801, 1802, 1802.1, 1803, 1804, 1805,
1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815,
1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824, 1825, 1826,
1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836,
1837, 1838, 1839, 1840, 1841, 1843, 1845, 1847, 1848, 1849, 1850
and 1853 of the act are amended to read:
Section 1801. Disobeying Lawful Instructions.--Any person
who wilfully disobeys any lawful instruction or order of any
county board of elections, or who refuses to obey their subpoena
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30 duly issued and served under the provisions of this act, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [ five hundred ($500)]
one thousand ($1,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1802. Perjury.--Any wilful false statement made
under oath or affirmation or in writing, stating that it is so
made, although such oath or affirmation may not have actually
been made, by any person regarding any material matter or thing
relating to any subject being investigated, heard, determined or
acted upon by any county board of elections, or member thereof,
or by any court or judge thereof, judge of election, inspector
of election, or overseer, in accordance with the terms of this
act, shall be perjury, a misdemeanor of the first degree, and
any person, upon conviction thereof, shall be sentenced to pay a
fine not exceeding [ ten thousand ($10,000) ] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [five (5)] ten (10) years, or both, in the discretion of
the court.
Section 1802.1. False Affidavits of Candidates.--Any
candidate for State, county, city, borough, incorporated town,
township or school district office or for the office of United
States Senator or Representative in Congress or any other
elective public office who knowingly makes a false statement
regarding his eligibility or qualifications for such office in
his candidate's affidavit shall, in litigation which results in
the removal of the candidate from the ballot, be liable for
court costs, including filing fees, attorney fees, investigation
fees and similar costs, in an amount up to [ ten thousand
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30 ($10,000)] twenty thousand ($20,000) dollars.
Section 1803. Refusal to Permit Inspection of Papers;
Destruction or Removal; Secretary of the Commonwealth.--Any
Secretary of the Commonwealth, deputy, or employe of his office,
who shall refuse to permit the public inspection or copying as
authorized, except when in use in his office, by this act, of
any return, nomination petition, certificate or paper, other
petition, account, contract, report or any other document or
record in his custody which, under the provisions of this act,
is required to be open to public inspection; or who shall
destroy or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in his office; or who shall remove any such
document or record from his office during said period, or permit
the same to be removed, except pursuant to the direction of any
competent court or any committee required to determine any
contested primary or election, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000) ] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [ one (1)
month] two (2) months nor more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1804. Refusal to Permit Inspection of Papers;
Destruction or Removal; County Boards of Elections.--Any member,
chief clerk or other employe of any county board of elections,
who shall refuse to permit the public inspection or copying, as
authorized by this act, of any general or duplicate return
sheet, tally paper, affidavit, nomination petition, certificate
or paper, other petition, witness list, account, contract,
report or any other document or record in the custody of such
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30 county board which, under the provisions of this act, is
required to be open to public inspection; or who shall destroy
or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in the office of such county board; or who
shall remove any such document or record from the office of such
county board during said period, or permit the same to be
removed, except pursuant to the direction of any competent court
or any committee required to determine any contested primary or
election, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [ one (1) month] two (2) months
nor more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1805. Insertion and Alteration of Entries in
Documents; Removal; Refusal to Deliver.--Any member, chief clerk
or employe of any county board of elections or judge, inspector
or clerk of election, machine inspector, overseer, or other
person, who knowingly inserts or knowingly permits to be
inserted any fictitious name, false figure or other fraudulent
entry on or in any registration card, district register, voter's
certificate, list of voters, affidavit, tally paper, general or
duplicate return sheet, statement, certificate, oath, voucher,
account, ballot or other record or document authorized or
required to be made, used, signed, returned or preserved for any
public purpose in connection with any primary or election; or
who materially alters or intentionally destroys any entry which
has been lawfully made therein, except by order of the county
board of elections or court of competent jurisdiction, or who
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30 takes or removes any such book, affidavit, return, account,
ballot or other document or record from the custody of any
person having lawful charge thereof, in order to prevent the
same from being used or inspected or copied as required or
permitted by this act, or who neglects or refuses, within the
time and in the manner required by this act, to deliver the same
into the custody of the officers who are required by this act to
use or keep the same, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) ] two thousand ($2,000) dollars,
or to undergo an imprisonment of not less than [ one (1) month]
two (2) months or more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1806. Refusal to Permit Overseers, Watchers,
Attorneys or Candidates to Act.--Any member of a county board of
elections, judge of election or inspector of election who shall
refuse to permit any overseer or watcher, attorney or candidate
to be present, as authorized by this act, at any session of a
county board, computation and canvassing of returns of any
primary or election, recount of ballots or recanvass of voting
machines, as authorized by this act, or at any polling place
during the time the polls are open at any primary or election,
and after the close of the polls during the time the ballots are
counted or voting machine canvassed and until the returns of
such primary or election have been made up and signed, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ one thousand ($1,000) ]
two thousand ($2,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
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30 Section 1807. Driving away Watchers, Attorneys, Candidates
or Overseers.--Any person who by violence or intimidation shall
threaten or drive away any watcher, attorney, candidate or
overseer, or representative of the county board of elections, or
of the Secretary of the Commonwealth, required or permitted to
be present at any polling place, or who shall in any manner
prevent any overseer, or representative of the county board of
elections or of the Secretary of the Commonwealth from
performing his duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ one thousand ($1,000) ] two thousand
($2,000) dollars, or to undergo an imprisonment of not less than
[one (1) month] two (2) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1808. Refusal to Permit Election Officers, Clerks
and Machine Inspectors to Act; Driving away Said Persons.--Any
person, including any election officer, who shall refuse to
permit any election officer, clerk or machine inspector, duly
elected or appointed and authorized to act, to perform the
duties imposed on him or to act as permitted by this act; or who
shall by violence or intimidation threaten or drive away, any
such election officer, clerk or machine inspector or who shall,
in any manner, prevent any such election officer, clerk or
machine inspector from performing his rights and duties under
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [ one (1) month] two (2) months
or more than [two (2)] four (4) years, or both, in the
discretion of the court.
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30 Section 1809. Refusal to Administer Oath; Acting Without
Being Sworn.--If any judge of election or minority inspector of
election refuses or fails to administer the oath to the officers
of election, in the manner required by this act, or if any judge
of election, inspector of election, clerk of election, or
machine inspector, shall act without being first duly sworn, or
if any such person shall sign the written form of oath without
being duly sworn, or if any judge of election or minority
inspector of election or any other person authorized to
administer oaths shall certify that any such person was sworn
when he was not, he shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one hundred ($100)] two hundred ($200) dollars, or to
undergo an imprisonment not exceeding [ six (6) months] one (1)
year, or both, in the discretion of the court.
Section 1810. Violation of Oath of Office by Election
Officers.--Any judge of election, inspector of election, clerk
of election, or machine inspector who shall wilfully violate any
of the provisions of his oath of office, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ one thousand ($1,000) ] two thousand
($2,000) dollars, or to undergo an imprisonment not exceeding
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1811. Peace Officers; Failure to Render Assistance;
Hindering or Delaying County Board Members and Others.--Any
sheriff, deputy sheriff, constable, deputy constable, police or
other peace officer, who shall fail upon demand of any member of
a county board of elections, judge or inspector of election, or
overseer to render such aid and assistance to him as he shall
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30 request in the maintenance of peace and in the making of
arrests, as herein provided, or who shall wilfully hinder or
delay or attempt to hinder or delay any member of a county
board, judge or inspector of election, or overseer in the
performance of any duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ five hundred ($500)] one thousand
($1,000) dollars, or to undergo an imprisonment of not less than
[three (3)] six (6) months nor more than [ two (2)] four (4)
years, or both, in the discretion of the court.
Section 1812. Nomination Petitions and Papers; Offenses by
Signers.--If any person shall knowingly and wilfully sign any
nomination petition or nomination paper, without having the
qualifications prescribed by this act, or if any person shall
set opposite a signature on a nomination petition or paper, a
date other than the actual date such signature was affixed
thereto, or if any person shall set opposite the signature on a
nomination petition or nomination paper, a false statement of
the signer's place of residence or occupation, or if any person
shall sign more nomination petitions or nomination papers than
permitted by the provisions of this act, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ one hundred ($100)] two hundred ($200)
dollars, or to undergo an imprisonment of not less than [ three
(3)] six (6) months nor more than [two (2)] four (4) years, or
both, at the discretion of the court.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers.--If any person shall knowingly make a
false statement in any affidavit required by the provisions of
this act, to be appended to or to accompany a nomination
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30 petition or a nomination paper, or if any person shall
fraudulently sign any name not his own to any nomination
petition or nomination paper, or if any person shall
fraudulently alter any nomination petition or nomination paper
without the consent of the signers, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ five hundred ($500)] one thousand
($1,000) dollars, or to undergo imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1814. Nomination Petitions; Certificates and Papers;
Destruction; Fraudulent Filing; Suppression.--Any person who
shall falsely make any nomination certificate or who shall
wilfully deface or destroy any nomination petition, nomination
certificate or nomination paper, or any part thereof, or any
letter of withdrawal, or who shall file any nomination petition,
nomination certificate or nomination paper or letter of
withdrawal knowing the same, or any part thereof, to be falsely
made, or who shall suppress any nomination petition, nomination
certificate or nomination paper, or any part thereof, which has
been duly filed, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) ] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [ one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1815. Offenses by Printers of Ballots.--Any printer
employed by any county board of elections to print any official
ballots, or any person engaged in printing the same who shall
appropriate to himself or give or deliver or knowingly permit to
be taken any of said ballots by any other person than such
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30 county board of election or their duly authorized agent, or who
shall wilfully print or cause to be printed any official ballot
in any form other than that prescribed by such county board or
with any other names or printing, or with the names spelled
otherwise than as directed by them or the names or printing
thereon arranged in any other way than that authorized and
directed by this act, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) ] two thousand ($2,000) dollars,
or to undergo an imprisonment of not less than [ six (6) months]
one (1) year nor more than [five (5)] ten (10) years, or both,
in the discretion of the court.
Section 1816. Unlawful Possession of Ballots; Counterfeiting
Ballots.--Any person other than an officer charged by law with
the care of ballots, or a person entrusted by any such officer
with the care of the same for a purpose required by law, who
shall have in his possession outside the polling place any
official ballot, or any person who shall make or have in his
possession any counterfeit of an official ballot, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five thousand ($5,000) ] ten thousand ($10,000)
dollars, or to undergo an imprisonment of not more than [ two
(2)] four (4) years, or both, in the discretion of the court.
Section 1817. Forging and Destroying Ballots.--Any person
who shall forge or falsely make the official endorsement on any
ballot or wilfully destroy or deface any ballot or wilfully
delay the delivery of any ballots shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ five thousand
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30 ($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [ two (2)] four (4) years, or both,
in the discretion of the court.
Section 1818. Tampering with Voting Machines.--Any election
officer or other person who shall unlawfully open or who shall
tamper with or injure or attempt to injure any voting machine to
be used or being used at any primary or election, or who shall
prevent or attempt to prevent the correct operation of such
machine, or any unauthorized person who shall make or have in
his possession a key to a voting machine to be used or being
used in any primary or election, shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [ two (2)] four (4) years, or both,
in the discretion of the court.
Section 1819. Destroying, Defacing or Removing Notices, Et
Cetera.--Any person who shall, prior to any primary or election,
wilfully deface, remove or destroy any notice or list of
candidates posted in accordance with the provisions of this act,
or who, during any primary or election, shall wilfully deface,
tear down, remove or destroy any card of instructions, notice of
penalties, specimen ballot or diagram printed or posted for the
instruction of electors, or who shall, during any primary or
election, wilfully remove or destroy any of the supplies or
conveniences furnished by the county board of elections to any
polling place in order to enable electors to vote, or the
election officers to perform their duties, or who shall wilfully
hinder the voting of others, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
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30 not exceeding [one hundred ($100)] two hundred ($200) dollars,
or to undergo an imprisonment of not more than [ three (3)] six
(6) months, or both, in the discretion of the court.
Section 1820. Police Officers at Polling Places.--Any police
officer in commission, whether in uniform or in citizen's
clothes, who shall be within one hundred (100) feet of a polling
place during the conduct of any primary or election, except in
the exercise of his privilege of voting or for the purpose of
serving warrants, or in accordance with the provisions of the
exception set forth in section 1207 of this act where the police
station or headquarters is located in the same building or on
the premises where the polling place is located or unless called
upon to preserve the peace, as provided by this act, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1821. Peace Officer; Failure to Quell Disturbances
at Polls; Hindering or Delaying Election Officers and Others.--
Any mayor, chief burgess, sheriff, deputy sheriff, constable,
deputy constable, police officer or other peace officer who
shall neglect or refuse to clear an avenue to the door of any
polling place which is obstructed in such a way as to prevent
electors from approaching, or who shall neglect or refuse to
maintain order and quell any disturbance if such arises at any
polling place upon the day of any primary or election, when
called upon so to do by any election officer or any three
qualified electors of the election district, or who shall
wilfully hinder or delay, or attempt to hinder or delay, any
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overseer in the performance of any duty under this act, shall be
guilty of a misdemeanor in office, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment of not more than [ one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1823. Election Officers Permitting Unregistered
Electors to Vote; Challenges; Refusing to Permit Qualified
Electors to Vote.--Any judge or inspector of election who
permits any person to vote at any primary or election who is not
registered in accordance with law, except a person in actual
military service or a person as to whom a court of competent
jurisdiction has ordered that he shall be permitted to vote, or
who permits any registered elector to vote knowing that such
registered elector is not qualified to vote, whether or not such
person has been challenged, or who permits any person who has
been lawfully challenged to vote at any primary or election
without requiring the proof of the right of such person to vote
which is required by law, or who refuses to permit any duly
registered and qualified elector to vote at any primary or
election, with the knowledge that such elector is entitled to
vote, shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000) ] thirty thousand ($30,000)
dollars, and to undergo an imprisonment of not more than [ seven
(7)] fourteen (14) years, or both.
Section 1824. Election Officers Refusing to Permit Elector
to Vote in Proper Party at Primaries.--Any judge, inspector or
clerk of election who refuses to permit an elector at any
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30 primary at which ballots are used to receive the ballot of the
party with which he is enrolled, or who gives to any such
elector the ballot of any party in which he is not enrolled, or
any judge, or inspector of election, or machine inspector who,
at any primary at which voting machines are used, adjusts any
voting machine about to be used by an elector so as not to
permit him to vote for the candidates of the party in which he
is enrolled, or so as to permit him to vote for the candidates
of any party in which he is not enrolled, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [ five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1825. Frauds by Election Officers.--Any judge,
inspector or clerk of election or machine inspector who shall be
guilty of any wilful fraud in the conduct of his duties at a
primary or election, and any person who shall make a false
return of the votes cast at any primary or election, or who
shall deposit fraudulent ballots in the ballot box or certify as
correct a return of ballots in the ballot box which he knows to
be fraudulent, or who shall register fraudulent votes upon any
voting machine or certify as correct a return of votes cast upon
any voting machine which he knows to be fraudulently registered
thereon, or who shall make any false entries in the district
register, or who shall fail to insert in the voting check list
the voter's certificate of any elector actually voting at any
primary or election, or who shall fail to record voting
information as required herein, or who shall fail to insert in
the numbered lists of voters the name of any person actually
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30 voting, or who shall wilfully destroy or alter any ballot,
voter's certificate, or registration card contained in any
district register, or who shall wilfully tamper with any voting
machine, or who shall prepare or insert in the voting check list
any false voter's certificates not prepared by or for an elector
actually voting at such primary or election, for the purpose of
concealing the destruction or removal of any voter's
certificate, or for the purpose of concealing the deposit of
fraudulent ballots in the ballot box, or the registering of
fraudulent votes upon any voting machine or of aiding in the
perpetration of any such fraud, or who shall fail to return to
the county board of election following any primary or election
any keys of a voting machine, ballot box, general or duplicate
return sheet, tally paper, oaths of election officers,
affidavits of electors and others, record of assisted voters,
numbered list of voters, district register, voting check list,
unused, spoiled and cancelled ballots, ballots deposited,
written or affixed in or upon a voting machine, or any
certificate, or any other paper or record required to be
returned under the provisions of this act; or who shall conspire
with others to commit any of the offenses herein mentioned, or
in any manner to prevent a free and fair primary or election,
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000) ] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [ seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1826. Prying into Ballots.--Any judge, inspector or
clerk of election, or other person, who, before any ballot is
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30 deposited in the ballot box as provided by this act, shall
unfold, open or pry into any such ballot, with the intent to
discover the manner in which the same has been marked, shall be
guilty of a misdemeanor, and upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1827. Interference with Primaries and Elections;
Frauds; Conspiracy.--If any person shall prevent or attempt to
prevent any election officers from holding any primary or
election, under the provisions of this act, or shall use or
threaten any violence to any such officer; or shall interrupt or
improperly interfere with him in the execution of his duty; or
shall block up or attempt to block up the avenue to the door of
any polling place; or shall use or practice any intimidation,
threats, force or violence with design to influence unduly or
overawe any elector, or to prevent him from voting or restrain
his freedom of choice; or shall prepare or present to any
election officer a fraudulent voter's certificate not signed in
the polling place by the elector whose certificate it purports
to be; or shall deposit fraudulent ballots in the ballot box; or
shall register fraudulent votes upon any voting machine; or
shall tamper with any district register, voting check list,
numbered lists of voters, ballot box or voting machine; or shall
conspire with others to commit any of the offenses herein
mentioned, or in any manner to prevent a free and fair primary
or election, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000) ] thirty thousand
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30 ($30,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
Section 1828. Persons Interfering in Other Districts.--Any
person who shall on the day of any primary or election visit any
polling place at which he is not entitled to vote and at which
he is not entitled to be present under any provision of this
act, and shall use any intimidation or violence for the purpose
of preventing any election officer from performing the duties
required of him by this act, or for the purpose of preventing
any qualified elector from exercising his right to vote or from
exercising his right to challenge any person offering to vote,
or for the purpose of influencing the vote of any elector, he
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000) ] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [ seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1829. Assault and Battery at Polls.--Any person who
shall unlawfully strike, wound or commit an assault and battery
upon the person of any elector at or near the polling place
during the time of any primary or election shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [ five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1830. Unlawful Assistance in Voting.--Any elector at
any primary or election who shall allow his ballot or the face
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30 of the voting machine voted by him to be seen by any person with
the apparent intention of letting it be known how he is about to
vote; or in districts in which ballots are used, shall cast or
attempt to cast any other than the official ballot which has
been given to him by the proper election officer; or who,
without having made the declaration under oath or affirmation
required by section 1218 of this act, or when the disability
which he declared before any registration commission no longer
exists, shall permit another to accompany him into the voting
compartment or voting machine booth, or to mark his ballot or
prepare the voting machine for voting by him; or who shall mark
his ballot or prepare the voting machine for voting while
another is unlawfully present in the voting machine compartment
or voting machine booth with him; or who shall state falsely to
any election officer that because of illiteracy he is unable to
read the names on the ballot or ballot labels or that by reason
of physical disability he cannot see or mark the ballot or enter
the voting compartment without assistance or that he cannot see
or operate the voting machine or enter the voting machine booth
without assistance; or who shall state, as his reason for
requiring assistance, a disability from which he does not
suffer; or any person who shall go into the voting compartment
or voting machine booth with another while voting or be present
therein while another is voting, or mark the ballot of another
or prepare the voting machine for voting with another, except in
strict accordance with the provisions of this act; or any person
who shall interfere with any elector when inside the enclosed
space or when marking his ballot, or preparing the voting
machine for voting, or who shall endeavor to induce any elector
before depositing his ballot to show how he marks or has marked
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30 his ballot; or any person giving assistance who shall attempt to
influence the vote of the elector whom he is assisting or who
shall mark a ballot or prepare a voting machine for voting in
any other way than that requested by the voter whom he is
assisting, or who shall disclose to anyone the contents of any
ballot which has been marked or any voting machine which has
been prepared for voting with his assistance, except when
required to do so in any legal proceeding, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [ one thousand ($1,000) ] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1831. Election Officers Permitting Unlawful
Assistance.--Any election officer who shall permit a voter to be
accompanied by another into the voting compartment or voting
machine booth when the registration card of such person contains
no declaration that such person requires assistance, or when
such person has not made, under oath or affirmation, the
statement required by section 1218 of this act, or when such
election officer knows that the disability which the elector
declared before any registration commission no longer exists, or
who shall permit any person to accompany an elector into the
voting compartment or voting machine booth, except as provided
by this act, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) ] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [ one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1832. Failure to Keep and Return Record of Assisted
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30 Voters.--Any judge of election who shall fail to record, as
required by section 1218 (c) of this act, the name of each
elector who received assistance or who is accompanied by another
into the voting compartment or voting machine booth; or who
shall insert in the record of assisted voters the name of any
elector who does not receive assistance or is not accompanied by
another into the voting compartment or voting machine booth; or
who shall fail to record the exact disability of any assisted
elector which makes the assistance necessary, or shall record in
respect of any assisted elector a disability, other than that
stated by the elector; or who shall fail to record the name of
each person rendering assistance to an elector as prescribed by
this act; or who shall knowingly record as the name of such
person giving assistance a name which is not the name of such
person; or who shall fail or neglect to return the record of
assisted voters to the county board of elections as required by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [ two (2)] four (4) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1833. Unlawful Voting.--Any person who votes or
attempts to vote at any primary or election, knowing that he
does not possess all the qualifications of an elector at such
primary or election, as set forth in this act, shall be guilty
of a misdemeanor of the first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ ten
thousand ($10,000)] twenty thousand ($20,000) dollars, or to
undergo an imprisonment of not more than [ five (5)] ten (10)
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30 years, or both, in the discretion of the court.
Section 1834. Elector Voting Ballot of Wrong Party at
Primary.--Any elector who shall wilfully vote at any primary the
ballot of a party in which he is not enrolled, in violation of
the provisions of this act, shall be guilty of a misdemeanor of
the second degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ five thousand ($5,000) ]
ten thousand ($10,000) dollars, or to undergo an imprisonment of
not more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1835. Repeat Voting at Elections.--If any person
shall vote in more than one election district, or otherwise
fraudulently vote more than once at the same primary or
election, or shall vote a ballot other than the ballot issued to
him by the election officers, or shall advise or procure another
so to do, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000) ] thirty thousand
($30,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
Section 1836. Removing Ballots.--Any person removing any
ballot from any book of official ballots, except in the manner
provided by this act, shall be guilty of a misdemeanor of the
second degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [ five thousand ($5,000) ] ten
thousand ($10,000) dollars, or to undergo an imprisonment of not
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1837. Commissioners to Take Soldiers' Votes.--Any
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30 commissioner appointed by or under the provisions of Article
XIII of this act who shall knowingly violate his duty or
knowingly omit or fail to do his duty thereunder or violate any
part of his oath, shall be guilty of perjury, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) ] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [ one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1838. Fraudulent Voting by Soldiers.--Any person who
shall vote or attempt to vote at any election by electors in
military service under the provisions of Article XIII of this
act, not being qualified to vote at such election, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ one thousand ($1,000) ]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1839. Bribery at Elections.--Any person who shall,
directly or indirectly, give or promise or offer to give any
gift or reward in money, goods or other valuable thing to any
person, with intent to induce him to vote or refrain from voting
for any particular candidate or candidates or for or against any
constitutional amendment or other question at any primary or
election; or who shall, directly or indirectly, procure for or
offer or promise to procure for such person any such gift or
reward with the intent aforesaid; or, who with the intent to
influence or intimidate such person to give his vote or to
refrain from giving his vote for any particular candidate or
candidates or for or against any constitutional amendment or
other question at any primary or election, shall give to or
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30 obtain for or assist in obtaining for or offer or promise to
give to or obtain for or assist in obtaining for such person any
office, place, appointment or employment, public or private, or
threaten such person with dismissal or discharge from any
office, place, appointment or employment, public or private,
then held by him, shall be guilty of a felony of the third
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [ fifteen thousand ($15,000) ] thirty
thousand ($30,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
discretion of the court.
Section 1840. Receipts and Disbursements of Primary and
Election Expenses by Persons Other Than Candidates and
Treasurers.--Any member of a political committee who shall
receive or disburse any money or incur any liability for primary
or election expenses, except through the treasurer of such
political committee, and any person not a candidate or member of
a political committee who shall receive or disburse any money or
incur any liability for primary or election expenses, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ one thousand ($1,000) ]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not less than [one (1) month] two (2) months nor more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1841. Receipts of Primary and Election Expenses by
Unauthorized Persons.--Any person or any political committee who
receives money on behalf of any candidate without being
authorized to do so under the provisions of section 1623, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [ five thousand dollars
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30 ($5,000)] ten thousand dollars ($10,000) , or to undergo an
imprisonment of not less than [ one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1843. Contributions by Corporations or
Unincorporated Associations.--Any corporation or unincorporated
association, which shall pay, give or lend or agree to pay, give
or lend any money belonging to such corporation or
unincorporated association or in its custody or control, in
violation of the provisions of section 1633, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine of not less than [ one thousand dollars ($1,000) ]
two thousand dollars ($2,000) nor more than [ten thousand
dollars ($10,000)] twenty thousand dollars ($20,000) . Any
director, officer, agent or employe of any corporation or
unincorporated association who shall on behalf of such
corporation or unincorporated association pay, give or lend or
authorize to be paid, given or lent any money belonging to such
corporation or unincorporated association or in its custody or
control in violation of the provisions of section 1633, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ ten thousand dollars
($10,000)] twenty thousand dollars ($20,000) , or to undergo an
imprisonment of not less than [ one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1845. Failure to File Expense Account.--Any
candidate or treasurer of a political committee or person acting
as such treasurer who shall fail to file an account of primary
or election expenses, as required by this act, shall be guilty
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30 of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ five thousand dollars
($5,000)] ten thousand dollars ($10,000) , or to undergo an
imprisonment of not less than [ one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1847. Prohibiting Duress and Intimidation of Voters
and Interference with the Free Exercise of the Elective
Franchise.--Any person or corporation who, directly or
indirectly--(a) uses or threatens to use any force, violence or
restraint, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices
intimidation or coercion upon or against any person, in order to
induce or compel such person to vote or refrain from voting at
any election, or to vote or refrain from voting for or against
any particular person, or for or against any question submitted
to voters at such election, or to place or cause to be placed or
refrain from placing or causing to be placed his name upon a
register of voters, or on account of such person having voted or
refrained from voting at such election, or having voted or
refrained from voting for or against any particular person or
persons or for or against any question submitted to voters at
such election, or having registered or refrained from
registering as a voter; or (b) by abduction, duress or coercion,
or any forcible or fraudulent device or contrivance, whatever,
impedes, prevents, or otherwise interferes with the free
exercise of the elective franchise by any voter, or compels,
induces, or prevails upon any voter to give or refrain from
giving his vote for or against any particular person at any
election; or (c) being an employer, pays his employes the salary
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30 or wages due in "pay envelopes" upon which or in which there is
written or printed any political motto, device, statement or
argument containing threats, express or implied, intended or
calculated to influence the political opinions or actions of
such employes, or within ninety days of any election or primary
puts or otherwise exhibits in the establishment or place where
his employes are engaged in labor, any handbill or placard
containing any threat, notice, or information that if any
particular ticket or candidate is elected or defeated work in
his place or establishment will cease, in whole or in part, his
establishment be closed up, or the wages of his employes
reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his
employes, shall be guilty of a misdemeanor of the second degree.
Any person or corporation, convicted of a violation of any of
the provisions of this section, shall be sentenced to pay a fine
not exceeding [five thousand ($5,000) ] ten thousand ($10,000)
dollars, or such person or the officers, directors or agents of
such corporation responsible for the violation of this section,
shall be sentenced to undergo an imprisonment of not more than
[two (2)] four (4) years, or both, in the discretion of the
court.
Section 1848. Failure to Perform Duty.--Any Secretary of the
Commonwealth, member of a county board of elections, chief
clerk, employe, overseer, judge of election, inspector of
election, clerk of election, machine inspector or custodian or
deputy custodian of voting machines on whom a duty is laid by
this act who shall wilfully neglect or refuse to perform his
duty, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ one
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30 thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not more than [ two (2)] four (4) years, or
both, in the discretion of the court.
Section 1849. Hindering or Delaying Performance of Duty.--
Any person who intentionally interferes with, hinders or delays
or attempts to interfere with, hinder or delay any other person
in the performance of any act or duty authorized or imposed by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ five
hundred ($500)] one thousand ($1,000) dollars, or to undergo an
imprisonment of not more than [ one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1850. Violation of Any Provision of Act.--Any person
who shall violate any of the provisions of this act, for which a
penalty is not herein specifically provided, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [ one thousand ($1,000) ] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1853. Violations of Provisions Relating to Absentee
and Mail-in Ballots.--If any person shall sign an application
for absentee ballot, mail-in ballot or declaration of elector on
the forms prescribed knowing any matter declared therein to be
false, or shall vote any ballot other than one properly issued
to the person, or vote or attempt to vote more than once in any
election for which an absentee ballot or mail-in ballot shall
have been issued to the person, or shall disclose results of a
pre-canvassing meeting under section 1308(g)(1.1), or shall
violate any other provisions of Article XIII or Article XIII-D
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30 of this act, the person shall be guilty of a misdemeanor of the
third degree, and, upon conviction, shall be sentenced to pay a
fine not exceeding [ two thousand five hundred dollars ($2,500) ]
five thousand dollars ($5,000) , or be imprisoned for a term not
exceeding [two (2)] four (4) years, or both, at the discretion
of the court.
If any person who is chief clerk or a member of a board of
elections, member of a return board or member of a board of
registration commissioners, shall neglect or refuse to perform
any of the duties prescribed by Article XIII or Article XIII-D
of this act, or shall reveal or divulge any of the details of
any ballot cast in accordance with the provisions of Article
XIII or Article XIII-D of this act, or shall disclose results of
a pre-canvassing meeting under section 1308(g)(1.1), or shall
count an absentee ballot or mail-in ballot knowing the same to
be contrary to Article XIII or Article XIII-D, or shall reject
an absentee ballot or mail-in ballot without reason to believe
that the same is contrary to Article XIII or Article XIII-D, or
shall permit an elector to cast the elector's ballot other than
a provisional ballot at a polling place knowing that there has
been issued to the elector an absentee ballot or mail-in ballot,
the [elector] person shall be guilty of a felony of the third
degree, and, upon conviction, shall be punished by a fine not
exceeding [fifteen thousand dollars ($15,000) ] thirty thousand
dollars ($30,000), or be imprisoned for a term not exceeding
[seven (7)] fourteen (14) years, or both, at the discretion of
the court.
Section 32. Section 1855 of the act is repealed:
[Section 1855. Violation of Public Funding of Elections.--
Any person who violates section 107 shall be guilty of a
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30 misdemeanor of the second degree and shall, upon conviction
thereof, be sentenced to pay a fine not exceeding five thousand
dollars ($5,000), or to undergo an imprisonment of not more than
two (2) years, or both, in the discretion of the court. ]
Section 33. The act is amended by adding sections to read:
Section 1856. Unlawful Collection of Ballots.--A person who
willfully collects or returns absentee or mail-in ballots in
violation of this act commits a felony of the third degree and,
upon conviction, shall be punished by a fine not exceeding
thirty thousand dollars ($30,000), or be imprisoned for a term
not exceeding fourteen (14) years, or both, at the discretion of
the court.
Section 1857. Prohibiting Duress and Intimidation of
Elections Officials.--Any person who directly or indirectly uses
or threatens to use any force, violence or restraint, or
inflicts or threatens to inflict any injury, damage, harm or
loss, or in any other manner practices intimidation or coercion
upon or against any election official, administrator, judge of
elections or poll worker in the course of their duties in
administering an election shall be guilty of a misdemeanor of
the second degree. Any person convicted of a violation of this
section shall be fined ten thousand ($10,000) dollars, sentenced
to undergo an imprisonment of not more than four (4) years, or
both, in the discretion of the court.
Section 34. The act is amended by adding an article to read:
ARTICLE XVII-C
MISCELLANEOUS PROVISIONS
Section 1801-C. Reimbursements.
The State Treasurer shall reimburse counties for 100% of the
cost of issuing registration cards required under section 302(s)
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30 within one year of the effective date of this section.
Section 1802-C. Withholding.
The State Treasurer shall withhold all reimbursements and
election funding provided for under this act from any county
which is in violation of this act or for which an audit or
recount has identified violations or irregularities in voting
until the issue has been successfully resolved as certified by
the Auditor General.
Section 35. The sum of $3,100,000 is appropriated to the
Auditor General for the purpose of establishing and operating a
Bureau of Election Audits.
Section 36. The provisions of this act are nonseverable. If
any provision of this act or its application to any person or
circumstance is held invalid, the remaining provisions or
applications of this act are void.
Section 37. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
Article VII-A of the act.
(2) 25 Pa.C.S. Ch. 13 is repealed.
Section 38. This act shall apply to elections held on or
after the effective date of this section.
Section 39. This act shall take effect immediately.
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