Amendment 2490 to Senate Bill 48 P.N. 1037, Regular Session 2019-2020

S0048B1037A02490 AJM:AAS 06/24/19 #90 A02490

AMENDMENTS TO SENATE BILL NO. 48

Sponsor: REPRESENTATIVE EVERETT

Printer's No. 1037

Amend Bill, page 9, line 16, by inserting after "BALLOTS.--"

(a)

Amend Bill, page 9, line 17, by inserting a bracket before

"IN" where it occurs the first time

Amend Bill, page 9, line 17, by striking out "PAPER BALLOT IS

USED IN A"

Amend Bill, page 9, line 18, by striking out the bracket

before "IS"

Amend Bill, page 9, line 18, by striking out "] OR ELECTION"

Amend Bill, page 9, line 18, by striking out the bracket

before "ONE"

Amend Bill, page 9, lines 21 through 23, by striking out "] A

SUPPLY OF OFFICIAL BALLOTS EQUAL TO TEN" in line 21 and all of

lines 22 and 23

Amend Bill, page 9, line 27, by inserting after "REGISTER."

] a supply of official election ballots for:

(1) 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 ten per centum

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;

(2) 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 ten per centum

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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 nominated;

(3) the municipal primary election held in odd-numbered

years in an amount of at least ten per centum greater than the

highest number of ballots cast in any of the previous three

municipal primary elections in the election district;

(4) 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 ten per centum

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;

(5) 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 ten per centum

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

(6) the municipal election held in odd-numbered years in an

amount of at least ten per centum greater than the highest

number of ballots cast in any of the previous three municipal

elections in the election district.

(b)

Amend Bill, page 15, lines 16 through 30; page 16, lines 1

through 19; by striking out all of said lines on said pages and

inserting

ARTICLE XI-B

VOTING SYSTEMS

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

context clearly indicates otherwise:

"Electronic voting system." As defined in section 1101-A.

"Voting apparatus." A kind or type of electronic voting

system that received approval by the Secretary of the

Commonwealth under section 1105-A.

Section 1102-B. Disapproval or decertification.

(a) Prohibition.--The Commonwealth may not disapprove of or

decertify voting apparatuses in 50% or more counties until the

requirements of this article have been met.

(b) Plan.--If the Commonwealth intends to disapprove or

decertify voting apparatuses in 50% or more counties, the

Department of State must submit a written plan to the President

Pro Tempore of the Senate and the Speaker of the House of

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Representatives at least 180 days prior to the effective date of

replacement, containing each of the following:

(1) The reason for disapproval or decertification.

(2) The estimated cost to replace the disapproved or

decertified voting apparatuses and the plan for how funding

is anticipated to be obtained.

(3) A plan for replacing the disapproved or decertified

voting apparatuses.

(4) The effective date of replacement.

(1) Within 10 days of receipt of the written plan under

subsection (b) by the President Pro Tempore of the Senate and

the Speaker of the House of Representatives, a commission

shall be established. The commission shall, within 90 days of

establishment, do all of the following:

(i) Review the written plan.

(ii) Hold at least two public hearings on the

matter, including the plan submitted under subsection

(b).

(iii) Issue a written report consistent with

subparagraph (iv) to each of the following:

(A) The President Pro Tempore of the Senate.

(B) The Speaker of the House of Representatives.

(D) The Majority Leader of the House of

Representatives.

(E) The Minority Leader of the Senate.

(F) The Minority Leader of the House of

Representatives.

(G) 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.

(iv) The written report shall include all of the

following:

(A) An estimated cost for the written plan and

estimated costs for the implementation of other

voting apparatuses and how the costs will be divided.

(B) Written justification for disapproval or

decertification.

commission.

(D) Recommended legislative action, if

necessary, including draft legislation.

(2) The commission shall be composed of the following

members:

(i) Two members appointed by the Governor, one of

whom shall be a county commissioner and one of whom shall

be a county election officer at the time of appointment.

(ii) The Secretary of the Commonwealth or a

designee.

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(iii) 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 or their designees.

(iv) One legislator from each of the four

legislative caucuses, to be appointed by the President

pro tempore of the Senate and the Speaker of the House of

Representatives, in consultation with the Majority Leader

and Minority Leader of the Senate and the Majority Leader

and Minority Leader of the House of Representatives or

their designees.

(3) The commission shall appoint a member to serve as

chair of the commission.

(4) The commission shall hold meetings at the call of

the chair.

(5) The General Assembly shall provide administrative

support, meeting space and any other assistance required by

the commission to carry out its duties under this section in

cooperation with the department.

(6) A member may not receive compensation for the

member's services, but shall be reimbursed for necessary

travel and other reasonable expenses incurred in connection

with the performance of the member's duties as members of the

commission.

Amend Bill, page 26, line 12, by inserting a bracket before

the comma after "ELECTIONS"

Amend Bill, page 26, line 14, by inserting a bracket after

"DISTRICT"

Amend Bill, page 30, line 23, by inserting a bracket before

"FIVE"

Amend Bill, page 30, line 24, by inserting after "TO"

] eight o'clock P.M. on the day of

Amend Bill, page 31, line 4, by inserting a bracket before

"IN"

Amend Bill, page 31, line 9, by striking out the bracket

before "HIM"

Amend Bill, page 31, line 9, by striking out "] THE ELECTOR"

Amend Bill, page 31, line 9, by striking out the bracket

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before "HIS"

Amend Bill, page 31, line 9, by striking out "] THE

ELECTOR'S"

Amend Bill, page 31, line 12, by striking out the bracket

before "HIM"

Amend Bill, page 31, line 12, by striking out "] THE ELECTOR"

Amend Bill, page 31, line 16, by inserting a bracket after

"FORTH."

Amend Bill, page 32, line 15, by inserting a bracket before

"(1),"

Amend Bill, page 32, line 15, by inserting a bracket after

"(1),"

Amend Bill, page 33, lines 7 through 13, by striking out all

of said lines and inserting

absentee ballot:

(1) an authorized representative designated by the elector

or any other individual authorized to deliver an absentee ballot

to the county board on behalf of the elector under section

1302.1(a.3)(4) or (5) shall deliver the elector's ballot to the

office no later than eight o'clock P.M. on the day of the

primary or election;

(2) an elector who delivers an absentee ballot in person to

the county board of elections shall do so no later than five

o'clock P.M. on the day immediately preceding the primary or

election; and

(3) an elector who mails an absentee ballot shall do so such

that it is postmarked no later than the day immediately

preceding the primary or election.

Amend Bill, page 33, line 14, by striking out "(2)" and

inserting

(4)

Amend Bill, page 33, line 23, by striking out "(3)" and

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inserting

(5)

Amend Bill, page 33, line 29, by striking out "AND (2)" and

inserting

, (2) and (4)

Amend Bill, page 37, line 22, by inserting a bracket before

"LOCAL"

Amend Bill, page 37, line 22, by inserting after "ELECTION"

] county

Amend Bill, page 37, line 23, by inserting a bracket before

"LOCAL"

Amend Bill, page 37, line 23, by inserting after "ELECTION"

] county

Amend Bill, page 38, line 18, by striking out ", (N) AND (O)"

and inserting

and (n)

Amend Bill, page 38, lines 22 through 26, by striking out all

of said lines and inserting

(A) by hand delivery by an authorized representative

designated by the elector or any other individual authorized to

deliver an absentee ballot on behalf of the elector under

section 1302.1(a.3)(4) or (5) no later than eight o'clock P.M.

on the day of the primary or election;

(B) by hand delivery by the elector no later than five

o'clock P.M. on the day immediately preceding the primary or

election; and

day following the primary or election if the absentee ballot is

postmarked no later than the day immediately preceding the

primary or election.

Amend Bill, page 39, by inserting between lines 10 and 11

(4) All absentee ballots [not], except for ballots

challenged for any of the reasons provided in paragraph (3) and

ballots cast by electors who appear at the polling place on

election day and vote in person pursuant to section 1306(b),

shall be counted and included with the returns of the applicable

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election district as follows[.]:

(i) The county board shall open the envelope of every

unchallenged absentee elector in such manner as not to destroy

the declaration executed thereon.

(ii) If any of the envelopes on which are printed, stamped

or endorsed the words "Official Absentee Ballot" contain any

extraneous marks or identifying symbols, the envelopes and the

ballots contained therein shall be set aside and declared void.

(iii) The county board shall then break the seals of such

envelopes, remove the ballots and record the votes.

* * *

Amend Bill, page 39, line 13, by inserting after "TO"

disapprovals and

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