Amendment 1755 to House Bill 1300 P.N. 1760, Regular Session 2021-2022

H1300B1760A01755 NAD:JMT 06/16/21 #90 A01755

AMENDMENTS TO HOUSE BILL NO. 1300

Sponsor: REPRESENTATIVE GROVE

Printer's No. 1760

Amend Bill, page 1, line 23, by striking out "compensation of

district election officers" and inserting

qualifications of election officers, for compensation of

district election officers and for appointment of watchers

Amend Bill, page 3, line 23, by inserting after "ballots"

and prohibiting duress and intimidation of elections officials

Amend Bill, page 8, by inserting between lines 6 and 7

(z.10) The words "care facility" shall mean any of the

following:

(1) A long-term care nursing facility as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

"Health Care Facilities Act."

(2) An assisted living residence or a personal care home as

defined in section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the "Human Services Code."

Amend Bill, page 8, line 25, by striking out "If the Auditor

General is on the ballot" and inserting

For audits that occur during an election year in which the

Auditor General stands for election

Amend Bill, page 9, line 6, by striking out "To" and

inserting

Except if a full manual recount of an election is undertaken

or an election is uncontested, to

Amend Bill, page 9, lines 9 through 12, by striking out all

of said lines and inserting

(i) A statistically sound, ballot-comparison or ballot-

polling, risk limiting audit of ballots for each election, as

provided under section 1117-A.

Amend Bill, page 10, line 3, by striking out "voter

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registration" and inserting

Uniform Registry of Electors (SURE)

Amend Bill, page 11, line 19, by striking out "(iv)

Recommended" and inserting

(4.1) Submitting to the Department of State, within ninety

(90) days after any election, recommended

Amend Bill, page 15, line 18, by striking out "voter fraud

hotline and" and inserting

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

Amend Bill, page 15, line 23, by striking out "publish" and

inserting

submit to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin

Amend Bill, page 17, by inserting between lines 28 and 29

(z.2) To develop and offer the training prescribed by the

Election Law Advisory Board under section 1302-E, and to make

such training available free of charge to any individual

required to complete the training.

Amend Bill, page 18, line 1, by striking out "60" and

inserting

Amend Bill, page 21, line 9, by striking out "45" and

inserting

Amend Bill, page 24, line 7, by inserting after "signature."

Notwithstanding any other provision of this act, for

elections held within one year of the effective date of this

section, paper district register cards may still be utilized by

any county. After the purchase of electronic poll books, paper

district register cards may be retained for use in the event of

an unforeseen issue in using electronic poll books at an

election.

Amend Bill, page 26, line 8, by striking out "announced" and

inserting

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published under section 106

Amend Bill, page 26, by inserting between lines 13 and 14

Section 6.1. Section 402(a) of the act is amended to read:

Section 402. Qualifications of Election Officers.--(a)

Except as provided in subsection (b), election officers shall be

qualified registered electors of the [district in which they are

elected or appointed] county in which the polling place is

located. An election officer shall not be required to be a

qualified registered elector in the election district in which

the election officer is appointed. No person shall be qualified

to serve as an election officer who shall hold, or shall within

two months have held, any office, appointment or employment in

or under the Government of the United States or of this State or

of any city or county or poor district, of any municipal board,

commission or trust in any city, save only district justices,

notaries public and persons in the militia service of the State;

nor shall any election officer be eligible to any civil office

to be voted for at a primary or election at which he shall

serve, except that of an election officer.

* * *

Amend Bill, page 27, by inserting between lines 3 and 4

Section 7.1. Section 417(b) of the act is amended to read:

Section 417. Appointment of Watchers.--

* * *

(b) Each watcher so appointed must be a qualified registered

elector of the county in which the election district for which

the watcher was appointed is located and must have completed

training required for poll watchers under section 1302-E(c)(7).

Each watcher so appointed shall be authorized to serve in the

election district for which the watcher was appointed and, when

the watcher is not serving in the election district for which

the watcher was appointed, in any other election district in the

county in which the watcher is a qualified registered elector:

Provided, That only one watcher for each candidate at primaries,

or for each party or political body at general, municipal or

special elections, shall be present in the polling place at any

one time from the time that the election officers meet prior to

the opening of the polls under section 1208 until the time that

the counting of votes is complete and the district register and

voting check list is locked and sealed, and all watchers in the

room shall remain outside the enclosed space. It shall not be a

requirement that a watcher be a resident of the election

district for which the watcher is appointed. After the close of

the polls and while the ballots are being counted or voting

machine canvassed, all the watchers shall be permitted to be in

the polling place outside the enclosed space. Each watcher shall

be provided with a certificate from the county board of

elections, stating his name and the name of the candidate, party

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or political body he represents. Watchers shall be required to

show their certificates when requested to do so. Watchers

allowed in the polling place under the provisions of this act,

shall be permitted to keep a list of voters and shall be

entitled to challenge any person making application to vote and

to require proof of his qualifications, as provided by this act.

During those intervals when voters are not present in the

polling place either voting or waiting to vote, the judge of

elections shall permit watchers, upon request, to inspect the

voting check list and either of the two numbered lists of voters

maintained by the county board: Provided, That the watcher shall

not mark upon or alter these official election records. The

judge of elections shall supervise or delegate the inspection of

any requested documents.

* * *

Amend Bill, page 31, line 19, by striking out the period

after "election" and inserting

shall be eligible to register as provided in this act.

Amend Bill, page 36, lines 13 and 14, by striking out "within

a reasonable time, publicly announce " and inserting

at least 30 days prior to each establishment's opening,

publish under section 106,

Amend Bill, page 47, lines 21 through 23, by striking out

"and you must not have been confined in a penal" in line 21, all

of line 22 and "years" in line 23

Amend Bill, page 50, by inserting between lines 27 and 28

(1.1) Data required on the voter registration

application shall not be more nor less than the minimum data

elements permissible for Federal voter registration.

Amend Bill, page 64, line 30, by striking out "made a claim

for protection" and inserting

an active protection from abuse order

Amend Bill, page 65, line 1, by inserting after "abuse)"

entered against another party

Amend Bill, page 65, line 4, by inserting after "made."

The secretary shall ensure that the accommodation under this

section shall end when the protection from abuse order expires.

Amend Bill, page 68, line 12, by inserting after

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"Commonwealth."

The report under this subsection shall be a public record

under the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

Amend Bill, page 68, line 23, by striking out "1107-A" and

inserting

1123-A

Amend Bill, page 69, lines 25 through 29, by striking out "It

shall retain ballots cast in the order in which the" in line 25,

all of lines 26 through 28 and "(z.2)" in line 29

Amend Bill, page 69, line 30, by striking out ", (z) and

(z.1)" and inserting

and (z)

Amend Bill, page 70, line 1, by inserting after "2024."

No machines purchased by a county prior to 2024 shall be

decertified on the basis of noncompliance with subsection (u),

(v), (w), (x), (y) or (z).

Amend Bill, page 70, line 7, by striking out "25" and

inserting

Amend Bill, page 73, line 4, by inserting after

"unsatisfactory."

The written statement under this subsection shall be a

public record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

Amend Bill, page 73, line 27, by striking out the period

after "used" and inserting

and shall be public records under the Right-to-Know Law.

Amend Bill, page 74, lines 28 through 30; page 75, lines 1

through 3; by striking out ", except" in line 28, all of lines

29 and 30 on page 74 and all of lines 1 through 3 on page 75 and

inserting

for mail-in and absentee ballots and for ballots cast on

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voting machines, the audit shall be a ballot-polling, risk-

limiting audit, conducted with a risk limit of one (1) per

centum.

Amend Bill, page 83, by inserting between lines 18 and 19

(10) Any other rights as provided by Federal, State or local

law.

Amend Bill, page 83, by inserting between lines 28 and 29

(4) Any other rights as provided by Federal, State or local

law.

Amend Bill, page 85, by inserting between lines 3 and 4

(7) Any other rights as provided by Federal, State or local

law.

Amend Bill, page 89, line 12, by striking out "second" and

inserting

third

Amend Bill, page 92, line 14, by striking out the comma after

"location" where it occurs the first time

Amend Bill, page 92, line 14, by striking out the comma after

"location" where it occurs the second time

Amend Bill, page 92, line 16, by inserting after "census."

The county board of election office may serve as a ballot

return location.

Amend Bill, page 92, line 19, by inserting after

"Commonwealth."

If two such inspectors of elections are unavailable to

appear at a ballot return location on any particular day, a

county shall not operate the ballot return location.

Amend Bill, page 93, line 8, by striking out "publicly

announced" and inserting

published under section 106

Amend Bill, page 93, by inserting between lines 20 and 21

(K) No reimbursement shall be provided by the department or

the State Treasury for the costs that a county incurs in

operating ballot return locations.

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Amend Bill, page 95, line 3, by striking out "A" and

inserting

Supervised voting teams shall not be required to be employed

by a county and may be volunteers from each party, except that a

Amend Bill, page 96, lines 19 through 21, by striking out ",

including at nine" in line 19, all of line 20 and "first

Saturday" in line 21

Amend Bill, page 96, line 23, by striking out "nine" where it

occurs the first time and inserting

seven

Amend Bill, page 96, line 23, by striking out "nine" where it

occurs the second time and inserting

eleven

Amend Bill, page 97, line 22, by inserting a bracket before

"no"

Amend Bill, page 97, line 22, by inserting after "than"

] immediately upon

Amend Bill, page 97, line 23, by inserting a bracket before

"and"

Amend Bill, page 97, line 24, by striking out "eight o'clock

A.M. on"

Amend Bill, page 97, line 24, by striking out the bracket

before "third"

Amend Bill, page 97, line 24, by striking out the bracket

after "third"

Amend Bill, page 97, line 24, by inserting a bracket after

"election"

Amend Bill, page 102, line 30, by inserting after "address,"

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or the mailing address associated with his or her voter

registration record,

Amend Bill, page 103, line 30, by inserting a bracket before

"and"

Amend Bill, page 104, line 1, by inserting a bracket after

"status"

Amend Bill, page 104, line 23, by striking out "second" and

inserting

third

Amend Bill, page 107, line 4, by inserting after "census."

A county board of election office may serve as a

ballot return location.

Amend Bill, page 107, line 8, by inserting after

"Commonwealth."

If two such inspectors of elections are

unavailable to appear at a ballot return location on

any particular day, a county shall not operate the

ballot return location.

Amend Bill, page 108, by inserting between lines 12 and 13

(J) No reimbursement shall be provided by the

department or the State Treasury for the costs that a

county incurs in operating ballot return locations.

Amend Bill, page 109, lines 9 and 10, by striking out "After

consultation with each county board of elections " and inserting

To establish a working group with directors of elections

from a minimum of 10 counties, and together

Amend Bill, page 110, line 8, by inserting after "workers"

, election observers

Amend Bill, page 110, line 9, by inserting after "elections."

Training to fulfill the requirements must be conducted

by the department and must be made available on all business

days.

Amend Bill, page 111, line 7, by striking out "may" and

inserting

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shall

Amend Bill, page 111, line 9, by inserting after "operate"

at least

Amend Bill, page 111, line 10, by inserting after "center"

, with an additional early voting center

Amend Bill, page 111, lines 11 and 12, by striking out "with

a minimum" in line 11 and all of line 12 and inserting

except that no county shall be required to operate more

than five early voting centers.

Amend Bill, page 111, line 13, by striking out "may" and

inserting

shall

Amend Bill, page 111, line 17, by inserting after

"operation."

The notice under this paragraph shall be published under

section 106.

Amend Bill, page 111, line 18, by inserting after "a"

permanent

Amend Bill, page 111, line 20, by striking out "city hall,

permanent"

Amend Bill, page 111, line 21, by inserting after "facility,"

public or private school, college or university

building,

Amend Bill, page 111, line 22, by striking out "permanent"

Amend Bill, page 113, line 11, by striking out "1404(c) and

(f)" and inserting

1404(f)

Amend Bill, page 113, lines 11 and 12, by striking out "are

amended to read" and inserting

is amended and the section is amended by adding a subsection

to read

Amend Bill, page 113, lines 16 through 30; page 114, lines 1

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through 19; by striking out all of lines 16 through 30 on page

113, all of lines 1 through 18 and "(c)" in line 19 on page 114

and inserting

(c.1)

Amend Bill, page 118, line 17, by inserting after

"Elections.--"

(a)

Amend Bill, page 118, by inserting after line 30

(b) The report under this section shall be a public record

under the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

Amend Bill, page 134, lines 9 and 10, by striking out "twenty

thousand ($20,000) " and inserting

thirty thousand ($30,000)

Amend Bill, page 146, line 9, by striking out "a section" and

inserting

sections

Amend Bill, page 146, by inserting between lines 16 and 17

Section 1856. Prohibiting Duress and Intimidation of

Elections Officials.--Any person who directly or indirectly uses

or threatens to use any force, violence or restraint, or

inflicts or threatens to inflict any injury, damage, harm or

loss, or in any other manner practices intimidation or coercion

upon or against any election official, administrator, judge of

elections or poll worker in the course of their duties in

administering an election shall be guilty of a misdemeanor of

the second degree. Any person convicted of a violation of this

section shall be fined ten thousand ($10,000) dollars, sentenced

to undergo an imprisonment of not more than four (4) years, or

both, in the discretion of the court.

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