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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 20250HB1218PN1366 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB1218PN1366 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB1218PN1366 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250HB1218PN1366 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15