Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1218 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1366 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1218 
Session of 
2025 
INTRODUCED BY GROVE, CUTLER, STENDER, KAUFFMAN, ROWE AND KUZMA, 
APRIL 15, 2025 
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2025 
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 
"An act concerning elections, including general, municipal, 
special and primary elections, the nomination of candidates, 
primary and election expenses and election contests; creating 
and defining membership of county boards of elections; 
imposing duties upon the Secretary of the Commonwealth, 
courts, county boards of elections, county commissioners; 
imposing penalties for violation of the act, and codifying, 
revising and consolidating the laws relating thereto; and 
repealing certain acts and parts of acts relating to 
elections," in the Secretary of the Commonwealth, further 
providing for powers and duties of the Secretary of the 
Commonwealth; in county boards of elections, further 
providing for powers and duties of county boards; in voting 
by qualified absentee electors, further providing for 
canvassing of official absentee ballots and mail-in ballots; 
and, in recounts and contests, providing for independent 
prosecutor and for election integrity officers.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Sections 201, 302 and 1308 of the act of June 3, 
1937 (P.L.1333, No.320), known as the Pennsylvania Election 
Code, are 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 
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26 this act, and shall perform all the duties imposed upon him by 
this act, which shall include the following:
* * *
(i)  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. 
All information received through the hotline shall be 
automatically transmitted to the independent prosecutor under 
section 1778 and the county election integrity officer under 
section 1779.
(j)  To cooperate with an independent prosecutor under 
section 1778 for each election cycle to review election 
complaints received by the secretary and the county boards of 
elections.
(k)  To provide annual training to district attorneys and 
their employees on Federal and State election laws and 
procedures.
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:
* * *
(n.1)  To cooperate with the election integrity officer under 
section 1779 in their county and to include the election 
integrity officer in their county in all correspondence related 
to the conduct of the election.
(n.2)  To cooperate with an independent prosecutor under 
section 1778 for each election cycle to review election 
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30 complaints received by the county boards of elections.
* * *
Section 1308.  Canvassing of Official Absentee Ballots and 
Mail-in Ballots.--* * *
(j)  Notwithstanding any other provision of law, the 
following apply to authorized representatives regarding the 
oversight of election results:
(1)  The authorized representatives shall be provided with 
meaningful access to view and observe the entire process of pre-
canvassing or canvassing activities, including allowing the 
authorized representatives to easily read the text on any ballot 
or envelope at any point in the process of pre-canvassing or 
canvassing activities.
(2)  A county board of elections shall designate an official 
to respond to issues reported by authorized representatives.
(3)  The Department of State shall establish a procedure for 
authorized representatives to report any concerns arising from 
any pre-canvass meeting.
(4)  The Department of State and county board of elections 
shall investigate and report on any concerns raised in each 
election.
(5)  All information regarding the oversight of elections 
under this subsection shall be turned over to the independent 
prosecutor under section 1778.
(6)  A county board of elections shall record the pre-canvass 
and canvass meetings with audio and visual recording. The entire 
recording under this paragraph shall be made available only 
after the close of the polls.
Section 2.  The act is amended by adding sections to read:
Section 1778.  Independent Prosecutor.--(a)  At least ninety 
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30 days prior to each primary election, the Attorney General shall 
appoint an independent prosecutor, which appointment shall be 
subject to the approval of a majority of the members elected to 
the Senate. T he Attorney General shall appoint and fix the  
compensation of the independent prosecutor.
( b)  The independent prosecutor shall have experience  
prosecuting election law violations.
(c)  The independent prosecutor shall:
(1)  Review election complaints received by the Department of 
State and the county boards of elections for elections occurring 
during the calendar year in which the independent prosecutor is 
appointed and until the next independent prosecutor is 
appointed.
(2)  Coordinate election oversight efforts with each level of 
law enforcement.
(d)  The independent prosecutor shall publish a report 
following each election during the term of service of the 
independent prosecutor. The following apply:
(1)  Each report shall include the following for elections 
occurring during the term of service of the independent 
prosecutor:
(i)  The total number of complaints filed and the entities to 
which the complaints were filed.
(ii)  A summary of how each complaint was investigated by the 
independent prosecutor.
(iii)  Recommendations to the General Assembly, the 
Department of State and county boards of elections for reducing 
future complaints.
(2)  Each report shall be a public record under the act of 
February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
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30 Law."
Section 1779.  Election Integrity Officers.-- 	The district 
attorney of a county or a designee of the district attorney 
shall serve as the county's election integrity officer. The 
election integrity officer shall work with its respective county 
board of elections, director of elections and judge of elections 
to develop chain of custody procedures and internal control 
procedures to:
(1)  Ensure the integrity of elections.
(2)  Prevent fraud and illegal voting.
(3)  Recommend data analytic tools to prevent fraud and 
illegal voting.
(4)  Ensure that proper evidence can be developed to 
prosecute violations of Federal and State election laws.
Section 3.  This act shall take effect immediately.
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