PRINTER'S NO. 1371
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1235
Session of
2025
INTRODUCED BY BURNS, K.HARRIS, HANBIDGE, STEELE, OTTEN, MERSKI,
M. MACKENZIE, NEILSON, KUZMA, HADDOCK, DONAHUE AND CIRESI,
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 electronic voting systems, further providing
for definitions and for supplies and preparation of the
voting system and of polling places and providing for pre-
election logic and accuracy testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1101-A of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended by adding definitions to read:
Section 1101-A. Definitions.--As used in this article:
* * *
"Ballot set" means one of any number of ballot types each
used for a particular method of voting, including absentee
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23 ballot voting, mail-in ballot voting, voting in-person at a
polling place and voting by emergency paper ballot.
"Ballot style" means a ballot's particular array of election
contests and candidates specific to an election district. Each
ballot set shall comprise ballots with various ballot styles.
* * *
Section 2. Section 1110-A(d) and (e) of the act are amended
to read:
Section 1110-A. Supplies; Preparation of the Voting System
and of Polling Places.--* * *
[(d) On or before the fortieth day preceding any election,
the county board of elections shall mail to the chairman of the
county committee of each political party which shall be entitled
under existing laws to participate in primary elections within
the county, and to the chairman or presiding officer of any
organization of citizens within the county which has as its
purpose or among its purposes the investigation or prosecution
of election frauds and which has registered its name and address
and the names of its principal officers with the county board of
elections at least fifty days before the election, a written
notice stating the times when and the place or places where
preparation of the system and its components for use in the
several election districts in the county or municipality will be
started. One representative of each such political party,
certified by the respective chairman of the county committee of
such party, and one representative of each such organization of
citizens, certified by the respective chairman or presiding
officer of such organization shall be entitled to be present
during the preparation of the voting system and its components
and to see that they are properly prepared and are in proper
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30 condition and order for use. Such representatives shall not
interfere with the preparation of the system and its components,
and the county board may make reasonable rules and regulations
governing the conduct of such representatives.
(e) Prior to the delivery of any automatic tabulating
equipment to any election district the county board of elections
shall examine or cause to have examined such equipment and shall
make a certificate stating:
(1) the identifying number and election district designation
of the equipment;
(2) that the equipment is suitable for use in the particular
election district designated;
(3) that the equipment has been tested to ascertain that it
will accurately compute the votes cast for all offices and all
questions;
(4) that the offices and questions on the official ballot
correspond in all respects with the ballot labels assigned to
such particular election district;
(5) that the public counter and the counters for each
candidate position and each question are all set at zero and
that element that generates a printed record of the results of
the election is functioning correctly; and
(6) the number on the seal with which the equipment is
sealed.]
* * *
Section 3. The act is amended by adding a section to read:
Section 1110.1-A. Pre-Election Logic and Accuracy Testing.--
(a) Prior to an election in which an electronic voting system
is to be used, the county board of elections shall complete
logic and accuracy testing for the electronic voting system in
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30 accordance with this section to ensure that voting equipment
functions as expected and votes are accurately tabulated.
(b) Logic and accuracy testing shall be sufficient to
determine that:
(1) The electronic voting system is properly programmed.
(2) The election is correctly defined on the electronic
voting system.
(3) All of the input, output and communication devices for
the electronic voting system are working properly.
(c) (1) Except as provided in paragraph (2), logic and
accuracy testing shall be completed as soon as ballots are
available.
(2) If a proceeding is pending in a Federal or State court
that would affect the contents of a ballot, logic and accuracy
testing shall be completed no later than the eleventh day prior
to the election.
(d) During logic and accuracy testing, the county board of
elections shall:
(1) For each voting device that will or may be used in the
upcoming election:
(i) Generate a report that shows the contest order and
confirm that the contest order as reported matches the expected
contest order.
(ii) Mark, in all available languages using the touchscreen
and any other assistive device provided by the manufacturer, and
print ballots for each ballot style using a predetermined voting
pattern designed such that each contest, and each choice within
each contest, is given a unique number of votes.
(iii) Review the printed ballots to ensure that the ballots
were accurately printed and the votes contained on the printed
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30 ballot match the choices designated by the tester.
(iv) Scan the printed ballots to ensure that the ballots
will scan and generate the expected results.
(v) Shut down, lock and seal the voting device.
(vi) Execute a written statement specifying:
(A) The electronic voting devices tested.
(B) The results of the testing.
(C) The protective counter numbers, if applicable, of each
tabulation device.
(D) The number of the seal securing each tabulation device
at the conclusion of testing.
(E) Any problems reported to the county board of elections
as a result of the testing.
(F) The identifying number and election district designation
of the device.
(G) Whether each device tested is satisfactory or
unsatisfactory.
(2) For each piece of automatic tabulating equipment that
will or may be used in the upcoming election:
(i) Generate a report that shows the total number of votes
for all contests and candidates and confirm that the totals show
as zero for all contests and candidates.
(ii) Scan premarked ballots for each ballot style using a
predetermined voting pattern designed such that each contest,
and each choice within each contest, is given a unique number of
votes.
(iii) Generate a report that shows the vote totals for each
contest and candidate and compare the reported results to the
expected results to ensure that the automatic tabulating
equipment will generate the expected results.
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30 (iv) Reset all vote totals, shut down, lock and seal the
automated tabulating equipment.
(v) Execute a written statement specifying:
(A) The automatic tabulation equipment tested.
(B) The results of the testing.
(C) The protective counter numbers, if applicable, of each
tabulation device.
(D) The number of the seal securing each tabulation device
at the conclusion of testing.
(E) Any problems reported to the county board of elections
as a result of the testing.
(F) Whether each device tested is satisfactory or
unsatisfactory.
(e) The Secretary of the Commonwealth may:
(1) Prescribe additional requirements relating to logic and
accuracy testing as the Secretary of the Commonwealth deems
appropriate.
(2) Issue directives and instructions for the implementation
and administration of this section, but only if the directives
and instructions do not conflict with the requirements of this
section.
(f) No later than seven days prior to beginning logic and
accuracy testing, the county board of elections shall give
notice of the times and places in which the logic and accuracy
testing will be conducted as follows:
(1) The county board of elections shall mail the notice to:
(i) The chairperson of the county committee of each
political party that is entitled to participate in primary
elections within the county.
(ii) The chairperson or presiding officer of each
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30 organization within the county whose purpose includes the
investigation or prosecution of election frauds and that has
registered its name and address and the names of its principal
officers with the county board of elections by the first Monday
in February of the year.
(2) The county board of elections shall post the notice on
its publicly accessible Internet website.
(3) The county board of elections shall publish the notice
in accordance with section 106, with the notice to be published
once.
(g) The county board of elections shall allow in-person
observation of logic and accuracy testing in accordance with the
following procedures:
(1) One representative from each political party whose
chairperson is entitled to receive notice under subsection (f)
(1)(i) may observe the logic and accuracy testing, if the
representative is certified by the chairperson of the county
committee of the party.
(2) One representative of each organization entitled to
receive notice under subsection (f)(1)(ii) may observe the logic
and accuracy testing if the representative is certified by the
chairperson or presiding officer of the organization.
(3) A registered elector of the county who gives the county
board of elections at least twenty-four hours' notice may
observe the logic and accuracy testing.
(4) A representative or a registered elector who observes
the logic and accuracy testing may not interfere with the
testing.
(5) The county board of elections may make reasonable rules
and regulations governing the conduct of the representatives and
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30 registered electors during the logic and accuracy testing. The
rules and regulations must be published as part of the notice
required under subsection (f).
(h) No later than five days after completing logic and
accuracy testing, the county board of elections shall certify
compliance with the requirements of this section to the
Secretary of the Commonwealth in a manner and on a form as
prescribed by the Secretary of the Commonwealth. The Department
of State shall post each certification received by the Secretary
of the Commonwealth under this subsection to its publicly
accessible Internet website.
(i) If the county board of elections fails to comply with
this section or with any directive or instruction issued by the
Secretary of the Commonwealth under this section, the following
shall apply:
(1) Except as provided in paragraph (2), the failure shall
not constitute competent evidence in any administrative,
legislative or judicial proceeding, including any petition for
recount under section 1404(e), 1701, 1702 or 1703.
(2) Notwithstanding paragraph (1), the Secretary of the
Commonwealth may bring an action to enforce this section and may
introduce as evidence the failure of the county board of
elections to comply with this section or any directive or
instruction issued by the Secretary of the Commonwealth under
this section.
(3) The failure shall not be cause or justification for
delaying or refusing to perform any duty assigned under this
act, including the county board of elections' duty to receive,
canvass, compute or certify the returns of each election under
section 302(k).
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30 Section 4. This act shall take effect immediately.
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