S0421B1292A03394 AJB:AAS 10/23/19 #90 A03394
AMENDMENTS TO SENATE BILL NO. 421
Sponsor: REPRESENTATIVE HOHENSTEIN
Printer's No. 1292
Amend Bill, page 2, line 38, by inserting after "ELECTORS"
and for voting assistance
Amend Bill, page 80, line 23, by striking out "AN ARTICLE"
and inserting
articles
Amend Bill, page 92, by inserting between lines 8 and 9
ARTICLE XIII-E
VOTING ASSISTANCE
Section 1301-E. 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:
"County election board." The board of elections of a county.
"Department." The Department of State of the Commonwealth.
"Election official." As follows:
(1) An election officer required to conduct an election
in an election district in accordance with this article.
(2) The term includes any of the following:
(i) A judge of elections.
(ii) A majority or minority inspector elected or
appointed by a county election board.
(iii) A clerk or machine inspector appointed by a
county election board.
"Impaired dexterity." A condition which impacts the use of
an individual's hands or body.
"Individual who is blind." An individual:
(1) whose central acuity does not exceed 20/200 in the
better eye with correcting lenses; or
(2) whose visual acuity, if better than 20/200, is
accompanied by a limit of the field of vision in the better
eye to a degree that its widest diameter subtends an angle of
no greater than 20 degrees.
"Individual who is deafblind." An individual:
(1) Who has a central visual acuity of 20/200 or less in
the better eye with corrective lenses or a field defect such
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that the peripheral diameter of visual field subtends an
angular distance no greater than 20 degrees or a progressive
visual loss having a prognosis leading to one or both
conditions.
(2) Who has a chronic hearing impairment so severe that
most speech cannot be understood with optimum amplification
or a progressive hearing loss having a prognosis leading to
this condition.
(3) For whom the combination of impairments described
under paragraphs (1) and (2) causes extreme difficulty in
attaining independence in daily life activities, achieving
psychosocial adjustment or obtaining a vocation.
(4) Who despite the inability to be measured accurately
for hearing and vision loss due to cognitive or behavioral
constraints, or both, can be determined through functional
and performance assessment to have severe hearing and visual
disabilities that cause extreme difficulty in attaining
independence in daily life activities, achieving psychosocial
adjustment or obtaining vocation objectives.
"Individual with a disability." Any of the following:
(1) An individual who is blind.
(2) An individual who is deafblind.
(3) An individual who is visually impaired.
(4) An individual with impaired dexterity.
(5) An individual with a mental health, developmental or
intellectual disability.
"Provisional ballot." A ballot which is used to record a
vote by an individual who claims to be a qualified elector when
there is an issue regarding whether the individual is a
qualified elector and which must be resolved before the vote can
count.
"Support service provider." An individual who is trained to
treat or who otherwise assists or provides services to an
individual with a disability.
Section 1302-E. Assistance for certain qualified electors.
In consultation with county election boards, election
officials, individuals with a disability and support service
providers, the department shall ensure that qualified electors
who are individuals with a disability are able to cast ballots
privately, independently and in a verifiable manner in
accordance with this article.
Section 1303-E. Online voting system.
(a) Availability and purpose.--By September 1, 2020, each
county election board shall make available to each qualified
elector who is an individual with a disability and who wishes to
cast a ballot in an election under the jurisdiction of the
county election board an Internet system which:
(1) Provides a software interface designed to assist the
qualified elector to cast the ballot privately and
independently without the assistance of another individual.
(2) Permits the qualified elector to verify in a private
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and independent manner the votes selected by the qualified
elector on the ballot before the ballot is cast and counted.
(3) Provides the qualified elector with the opportunity
in a private and independent manner to change the ballot or
correct an error before the ballot is cast and counted,
including the opportunity to correct the error through the
issuance of a replacement ballot if the qualified elector was
otherwise unable to change the ballot or correct an error.
(4) Notifies the qualified elector of any votes cast for
more than the maximum number of selections allowed in a
contest and provides the qualified elector with a chance to
correct the error.
(5) Allows the qualified elector to cast a provisional
ballot.
(b) Duties of department.--In the development,
implementation and maintenance of the system under subsection
(a), the department shall:
(1) Provide technical assistance to each county election
board.
(2) Coordinate resources and databases to ensure the
system provides uniform, official, centralized, interactive
and integrated processes capable of audit.
(c) Verification.--A qualified elector who is an individual
with a disability shall provide a letter or other documentation
from the qualified elector's attending physician verifying that
the qualified elector has a disability which may impact the
ability of the qualified elector to cast a ballot privately and
independently through traditional voting mechanisms. The
following apply:
(1) The specific nature of the disability need not be
disclosed.
(2) The letter or other documentation need only be
provided once to the appropriate county election board for
the qualified elector to be eligible to cast a ballot using
the online voting system under this section.
Section 1304-E. Devices at polling places.
(a) Availability and purpose.--By February 1, 2022, each
polling place shall make available to each qualified elector who
is an individual with a disability at least one device which:
(1) Permits the qualified elector to cast the ballot
privately and independently and in a verifiable manner
without the assistance of another individual.
(2) Permits the qualified elector to verify in a private
and independent manner the votes selected by the qualified
elector on the ballot before the ballot is cast and counted.
(3) Provides the qualified elector with the opportunity
in a private and independent manner to change the ballot or
correct an error before the ballot is cast and counted,
including the opportunity to correct the error through the
issuance of a replacement ballot if the qualified elector was
otherwise unable to change the ballot or correct an error.
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(4) Notifies the qualified elector of any votes cast for
more than the maximum number of selections allowed in a
contest and provides the qualified elector with a chance to
correct the error.
(5) Allows the qualified elector to cast a provisional
ballot.
(b) Duties of department.--In the development,
implementation and maintenance of the devices under subsection
(a), the department shall:
(1) Provide technical assistance to each county election
board.
(2) Coordinate resources and databases to ensure that
the devices are uniform and functional and provide integrated
processes capable of audit.
Section 1305-E. Penalties.
(a) Violation.--A person who willfully violates this article
by preventing or otherwise obstructing the development,
implementation or maintenance of the system or devices under
this article commits a misdemeanor of the first degree.
(b) Applicability.--The provisions of 25 Pa.C.S. Ch. 17
(relating to penalties) and Article XVIII shall be applicable to
this article.
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See A03394 in
the context
of SB0421