Regular Session 2021-2022 House Bill 2647 P.N. 3193

PRINTER'S NO. 3193

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2647

Session of

2022

INTRODUCED BY GROVE, FEE, LEWIS, STAATS, PEIFER, COX, MOUL,

MENTZER, MILLARD, RYAN, R. MACKENZIE, BERNSTINE, GLEIM AND

HERSHEY, JUNE 7, 2022

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 7, 2022

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

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

20220HB2647PN3193 - 2 -

section 1778 for each election cycle to review election

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:

20220HB2647PN3193 - 3 -

Section 1778. Independent Prosecutor.--(a) At least ninety

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.

(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

20220HB2647PN3193 - 4 -

February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know

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.

20220HB2647PN3193 - 5 -