Amendment 2942 to House Bill 1800 P.N. 2125, Regular Session 2021-2022

H1800B2125A02942 NAD:EJH 11/10/21 #90 A02942

AMENDMENTS TO HOUSE BILL NO. 1800

Sponsor: REPRESENTATIVE CONKLIN

Printer's No. 2125

Amend Bill, page 1, lines 1 through 30; page 2, lines 1

through 60; page 3, lines 1 through 51; by striking out all of

said lines on said pages and inserting

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 preliminary provisions, further providing for

definitions; in district election officers, further providing

for compensation of district election officers; in election

districts and polling places, providing for ballot return

sites; providing for electronic poll books and for electronic

poll books and election infrastructure equipment bonds; in

preparation for and conduct of primaries and elections,

further providing for manner of applying to vote, persons

entitled to vote, voter's certificates, entries to be made in

district register, numbered lists of voters and challenges

and for deadline for receipt of valid voter registration

application; providing for early voting in elections; in

voting by qualified absentee electors, further providing for

date of application for absentee ballot, for approval of

application for absentee ballot, for envelopes for official

absentee ballots, for voting by absentee electors and for

canvassing of official absentee ballots and mail-in ballots;

in voting by qualified mail-in electors, further providing

for date of application for mail-in ballots, for approval of

application for mail-in ballot, for envelopes for official

mail-in ballots and for voting by mail-in electors; and

making an editorial change.

Amend Bill, page 3, lines 54 and 55; pages 4 through 182,

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lines 1 through 30; page 183, lines 1 through 16; by striking

out all of said lines on said pages and inserting

Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended by

adding subsections to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.7) The words "ballot drop box" shall mean a secure

receptacle established by a county board of elections or county

election official by which a voted absentee ballot or mail-in

ballot may be deposited by hand by the voter, including language

about tampering, and constructed to withstand vandalism by being

capable of securely receiving and holding the absentee ballots

and mail-in ballots and being locked, with a clearly identified

ballot insertion slot and a unique identifying number.

(z.8) The words "public university" shall mean an

institution of the Pennsylvania State System of Higher Education

established under section 2002-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, and a

State-related university as defined in section 4(d) of the act

of November 26, 1997 (P.L.508, No.55), known as the Institutions

of Purely Public Charity Act.

(z.9) The words "community college" shall mean a public

college or technical institute which is established and operated

in accordance with the provisions of section 1901-A of the

Public School Code of 1949, by a local sponsor which provides a

two-year, postsecondary, college parallel, terminal general,

terminal technical, out of school-youth or adult education

program or any combination of the programs.

Section 2. Section 412.2(a) of the act is amended to read:

Section 412.2. Compensation of District Election Officers.--

(a) In all counties regardless of class, judges of election,

inspectors of election, clerks and machine operators shall be

paid compensation as fixed by the county board of elections for

each election, which amount shall be at least [$75] $175 and not

more than [$200] $300.

* * *

Section 3. Article V heading of the act is amended to read:

ARTICLE V

Election Districts [and], Polling Places and Ballot Drop Boxes

Section 4. Article V of the act is amended by adding a

subarticle to read:

(b.1) Ballot Drop Boxes

Section 531.1. Drop Off Locations to be Selected by County

Board of Elections.--(a) The county board of elections shall

select and fix the ballot drop box locations within each county

and may, at any time, for any reason, change the ballot drop box

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locations within the county.

(1) The county board of elections shall inform the secretary

of the ballot drop box locations at least sixty-five days prior

to the primary election, special election, municipal election or

general election.

(2) The county board of elections shall publicly announce,

not less than fifty-five days prior to any primary election,

special election, municipal election or general election, by

posting at its office in a conspicuous place and prominently

featured on the county's publicly accessible Internet website, a

list of the ballot drop box locations within the county. The

list must include the address, dates and hours of operation of

the ballot drop boxes, ballot return deadline, contact

information for the county board of elections and accessibility

information. The list shall be available for public inspection

at the office of the county board of elections.

(3) If an additional ballot drop box is added, or a ballot

drop box is moved, the county board of elections must notify the

secretary immediately and simultaneously update the county's

publicly accessible Internet website with the new locations.

(b) Each county must provide at least two ballot drop boxes

within the county for each primary election, special election,

municipal election or general election. The ballot drop boxes

must be arrayed throughout the county in a manner that provides

for the greatest convenience for electors. Each ballot drop box

must be on sites that meet the accessibility requirements

applicable to polling places. A ballot drop box shall be

considered accessible if it is in compliance with the Americans

with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.

327). The county board of elections may add additional ballot

drop boxes, as necessary. Nothing in this section shall limit

counties to only two ballot drop boxes if the county board of

elections deems additional ballot drop boxes are necessary.

for a primary election, special election, municipal election or

general election there must be a minimum number of ballot drop

boxes equal to at least one ballot drop box for every 50,000

residents of the county as determined by the most recent Federal

decennial census, and each annual American Community Survey

(ACS) population update.

(d) A minimum of one ballot drop box must be within one mile

of each public university or community college that has five

thousand or more enrolled students. At least one ballot drop box

shall be on each campus of a public university or college campus

that has ten thousand or more enrolled students. The following

shall apply:

(1) As used in this subsection, the number of enrolled

students at a campus shall be the highest number of full-time,

part-time, graduate and undergraduate students, not including

students solely registered for online courses, during the fall

semester of the year of the previous general election according

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to the data collected by the Department of Education.

(2) The data collected by the Secretary of Education shall

be reported to the secretary, on or before December 1 prior to

each general election year. The secretary shall determine from

the data which public university or community colleges meet the

enrollment thresholds and notify each respective county board of

elections at least eighty-five days prior to any election.

Section 531.2. Signage, Hours of Operation and Security.--

(a) Each ballot drop box must be labeled "Official Ballot Drop

Box" and must include the following:

(1) Specific points identifying the slot where ballots are

to be inserted. A ballot drop box may have more than one ballot

slot.

(2) Language stating counterfeiting, forging, tampering with

or destroying ballots is a second-degree misdemeanor under

sections 1816 and 1817 of this act.

(3) A statement that third-party return of a ballot is

prohibited unless the individual returning the ballot:

(i) is rendering assistance to a disabled voter or an

emergency absentee voter as authorized by law; or

(ii) is a member of the same household as the voter and the

third-party is registered at the same residential address and

unit number.

(4) A statement requesting that the designated county

elections official shall be notified immediately if the ballot

drop box is full, not functioning or is damaged, including a

telephone number and email address for the designated county

elections official.

(b) While available, the ballot drop box shall be securely

fastened to a stationary surface, an immovable object or placed

behind a counter. The ballot drop box shall be secured by a lock

and shall include a tamper-evident seal. Only the county board

of elections, the county election official, county election

official staff or another individual designated by the county

election official shall have access to the means to unfasten the

lock.

voter no less than forty days prior to a primary election,

special election, municipal election or general election.

(d) On the date of any primary election, special election,

municipal election or general election, the ballot drop box

shall be closed when the election ends at eight o'clock P.M.

Section 531.3. Removal of Absentee Ballots and Mail-In

Ballots.--(a) Absentee and mail-in ballots must be removed from

each ballot drop box at least once every twenty-four hours,

excluding Saturdays and Sundays, by at least two people

designated by the county board of elections or the county

election official. Each person removing ballots from any ballot

drop box shall display proper identification.

(b) As directed by the secretary, each county board of

elections shall develop ballot collection and chain of custody

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procedures. Each county shall create and use a form entitled the

Ballot Drop Box Collection Form when retrieving absentee ballots

and mail-in ballots from the ballot drop boxes.

signed by the county designees each time absentee ballots and

mail-in ballots are removed from a ballot drop box. A Ballot

Drop Box Collection Form must include spaces for the following

information:

(1) The ballot drop box location and the unique identifying

number of the ballot drop box.

(2) The date and time ballots were emptied from the ballot

drop box.

(3) The names of the individuals removing the ballots from

the ballot drop box and the name of the individual who secured

and relocked the ballot drop box.

(4) The name of the county election official or designee

receiving the secured transport container.

(5) The date and time the county election official or

designee received the secured transport container.

(6) The number of ballots delivered in the secured transport

container.

(7) An area to mark if there is evidence of tampering on the

secured transport container.

(d) Absentee ballots and mail-in ballots from ballot drop

boxes must be returned to the county board of elections in

secured transport containers and immediately taken to a secure

location established by the county board of elections. The

county election official or the official's designee shall take

control of the secured transport container and inspect the

container for tampering. The county election official or

official's designee shall complete the Ballot Drop Box

Collection Form.

(e) An individual may not interfere with the emptying of

ballot drop boxes. An individual who interferes with the removal

of ballots from a ballot drop box or inhibits or prevents a

voter or authorized agent from lawfully depositing a ballot

commits a criminal offense under section 1849.

Section 531.4. Canvassing of Ballots Collected from Ballot

Drop Boxes.--Each absentee ballot and mail-in ballot removed

from a ballot drop box shall be canvassed in accordance with

section 1308.

Section 5. The act is amended by adding articles to read:

ARTICLE XI-C

ELECTRONIC POLL BOOKS

Section 1101-C. 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:

"Board." The county board of elections.

"Department." The Department of State of the Commonwealth.

"Electronic poll books." A secure and self-contained

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electronic record system, consisting of hardware components

procured by a board and a software component distributed by the

secretary, constituting the voters' certificates, voting check

list, numbered lists of voters and district register, for an

election district or for use with multiple election districts,

that:

(1) receives and stores electronically the signature of

voters appearing to vote and any other necessary voter

information;

(2) securely downloads and uploads voter information in

concert with county voter management systems;

(3) allows real-time tracking of voters for updates to

voter histories; and

(4) meets the standards published by the secretary under

section 1103-C.

"Secretary." The Secretary of the Commonwealth.

"SURE system." The Statewide Uniform Registry of Electors

established under 25 Pa.C.S. § 1222 (relating to SURE system).

Section 1102-C. Use.

Each board shall use electronic poll books that meet the

minimum standards published by the secretary under section 1103-

C for each primary and election held after December 31, 2024.

Electronic poll books shall replace paper-based poll books and

shall be used as all of the following in each voting location

allowed for by law in this Commonwealth:

(1) Voters' certificates.

(2) Voting check lists.

(3) Numbered lists of voters.

(4) District registers.

(5) For the management of election district voter rolls

during elections.

Section 1103-C. Standards.

The secretary, in coordination with the Office of

Administration and Office of Information Technology, shall

establish and publish requirements and specifications which

shall define the minimum standards required of electronic poll

books to ensure interoperability with the SURE system. The

requirements and specifications may include system

compatibility, screen size, security standards, signature

capture requirements, voter data fields and any other

requirements identified as necessary to meet the needs for each

voting location allowed by law in this Commonwealth.

Section 1104-C. Components.

(a) Hardware.--Each board shall be responsible for procuring

the hardware components of the electronic poll books. The

hardware components shall meet the specifications published by

the secretary in accordance with section 1103-C.

(b) Software.--The secretary shall distribute the software

component of the electronic poll books. The software component

shall be owned, maintained and be subject to restrictions

published by the department.

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staff involved with implementation, maintenance or upkeep of the

SURE system or electronic poll books or any member of a board

may not hold a pecuniary interest in an electronic poll book,

components of an electronic poll book or in the design,

manufacture or sale of an electronic poll book.

Section 1105-C. Funding for acquisition.

(a) Declaration of policy.--The General Assembly finds and

declares that funding of the acquisition of electronic poll

books for the management of voter data for each polling place in

this Commonwealth is in the best interest of this Commonwealth.

(b) Appropriation.--

(1) The General Assembly appropriates $7,000,000 from

the General Fund to the department for the procurement of the

software component of the electronic poll book that builds on

and shall integrate with the SURE system and for the

development and implementation of a secure electronic poll

book network to be used by counties.

(2) The department shall retain ownership of the

software licenses and the contract management duties for the

software component of the electronic poll book. Except as

provided by law, any part of the appropriations made in this

subsection that remain unexpended, uncommitted or

unencumbered as of December 31, 2024, shall automatically

lapse as of December 31, 2024.

ARTICLE XI-D

ELECTRONIC POLL BOOKS AND

ELECTION INFRASTRUCTURE EQUIPMENT BONDS

Section 1101-D. 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:

"Account." The County Electronic Poll Book and Election

Infrastructure Equipment Reimbursement Account established under

section 1106-D.

"Authority." The Pennsylvania Economic Development Financing

Authority.

"Bond." Any type of revenue obligation, including a bond or

series of bonds, note, certificate or other instrument, issued

by the authority for the benefit of the department under this

article.

"Bond administrative expenses." Expenses incurred to

administer bonds as provided under the Financing Law, or as

necessary to ensure compliance with Federal or State law.

"Bond obligations." The principal of a bond and any premium

and interest payable on a bond, together with any amount owed

under a related credit agreement or a related resolution of the

authority authorizing a bond.

"Credit agreement." A loan agreement, a revolving credit

agreement, an agreement establishing a line of credit, a letter

of credit or another agreement that enhances the marketability,

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security or creditworthiness of a bond.

"Department." The Department of State of the Commonwealth.

"Election infrastructure equipment." Hardware or software,

or both, that is used by a county in running elections. The term

includes mail-ballot processing equipment, such as envelope

openers, and information technology equipment, such as intrusion

detection sensors, deployed to enhance the security of

electronic voting systems, electronic poll books and other

election systems by detecting and reporting hacking attempts and

other election security breaches. The term does not include

electronic voting systems or electronic poll books.

"Electronic poll book." The components of electronic poll

books as defined in section 1101-C.

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

"Financing Law." The act of August 23, 1967 (P.L.251,

No.102), known as the Economic Development Financing Law.

Section 1102-D. Bond issuance.

(a) Declaration of policy.--The General Assembly finds and

declares that funding for electronic poll books and election

infrastructure equipment, including interest, through the

authority, is in the best interest of this Commonwealth.

(b) Authority.--Notwithstanding any other law, the following

shall apply:

(1) The department may be a project applicant under the

Financing Law and may apply to the authority for the funding

of electronic poll books and election infrastructure

equipment.

(2) The authority may issue bonds under the Financing

Law, consistent with this article, to finance a project or

projects consisting of funding the purchase, replacement or

lease of electronic poll books by the counties, the

reimbursement to the counties for their cost to purchase or

lease electronic poll books and for the purchase or lease of

election infrastructure equipment by the counties.

(3) Participation of an industrial and commercial

development authority shall not be required to finance the

projects or to issue the bonds described under this article.

(1) Bonds issued under this article shall not be a debt

or liability of the Commonwealth and shall not create or

constitute an indebtedness, liability or obligation of the

Commonwealth.

(2) Bond obligations and bond administrative expenses

shall be payable solely from revenues or money pledged or

available for repayment as authorized under this article.

This paragraph shall include the proceeds of any issuance of

bonds.

(3) Each bond shall contain on the bond's face a

statement that:

(i) the authority is obligated to pay the principal

or interest on the bonds only from the revenues or money

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pledged or available for repayment as authorized under

this article;

(ii) neither the Commonwealth nor a county is

obligated to pay the principal or interest; and

(iii) the full faith and credit of the Commonwealth

or any county is not pledged to the payment of the

principal of or the interest on the bonds.

Section 1103-D. Criteria for bond issuance.

(a) Application.--

(1) The department shall apply to the authority to issue

bonds to provide financing to the department to:

(i) reimburse each county for the county's cost to

purchase or lease electronic poll books;

(ii) fund a county's purchase or lease of electronic

poll books; or

(iii) fund the purchase or lease of election

infrastructure equipment.

(2) The choice of the funding options under paragraph

(1)(i) or (ii) and the choice of type of electronic poll

books shall be at the discretion of the Secretary of the

Commonwealth.

(b) Issuance.--Bonds may be issued in one or more series,

and each series may finance reimbursement grants to one or more

counties.

(1) The department, with the approval of the Office of

the Budget, shall specify in its application to the

authority:

(i) the maximum principal amount of the bonds for

each bond issue; and

(ii) the maximum term of the bonds consistent with

applicable law.

(2) The total principal amount for all bonds, not

including refunding bonds, issued under this article may not

exceed $60,000,000.

(3) The term of the bonds issued under this article may

not exceed 10 years from the respective date of original

issuance.

(d) Expiration.--For the purpose of this article, the

authorization to issue bonds, except for the authorization to

issue refunding bonds, shall expire December 31, 2024.

Section 1104-D. Issuance of bonds and sources of payments.

(a) Issuance.--The authority shall consider issuing the

bonds upon application by the department. Bonds issued under

this article shall be subject to the provisions of the Financing

Law, unless otherwise specified under this article.

(b) Service agreement authorized.--The authority and the

department may enter into an agreement or service agreement to

effectuate this article, including an agreement to secure bonds

issued for the purposes under section 1102-D(b), pursuant to

which the department shall agree to pay the bond obligations and

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bond administrative expenses to the authority in each fiscal

year that the bonds or refunding bonds are outstanding in

amounts sufficient to timely pay in full the bond obligations,

bond administrative expenses and any other financing costs due

on the bonds issued for the purposes under section 1102-D(b).

The department's payment of the bond obligations, bond

administrative expenses and other financing costs due on the

bonds as service charges under an agreement or service agreement

shall be subject to and dependent upon the appropriation of

funds by the General Assembly to the department for payment of

the service charges. The service agreement may be amended or

supplemented by the authority and the department in connection

with the issuance of any series of bonds or refunding bonds

authorized under this article.

Section 1105-D. Sale of bonds.

The authority shall offer the bonds for sale by means of a

public, competitive sale or by means of a negotiated sale based

on the authority's determination of which method will produce

the most benefit to counties and the Commonwealth.

Section 1106-D. Deposit of bond proceeds.

The net proceeds of bonds, other than refunding bonds,

exclusive of costs of issuance, reserves and any other financing

charges, shall be transferred by the authority to the State

Treasurer for deposit into a restricted account established in

the State Treasury and held solely for the purposes under

section 1102-D(b) to be known as the County Electronic Poll Book

and Election Infrastructure Equipment Reimbursement Account. The

department shall pay out the bond proceeds to the counties from

the account in accordance with this article.

Section 1107-D. Payment of bond-related obligations.

For each fiscal year in which bond obligations and bond

administrative expenses will be due, the authority shall notify

the department of the amount of bond obligations and the

estimated amount of bond administrative expenses in sufficient

time, as determined by the department, to permit the department

to request an appropriation sufficient to pay bond obligations

and bond administrative expenses that will be due and payable in

the following fiscal year. The authority's calculation of the

amount of bond obligations and bond administrative expenses that

will be due shall be subject to verification by the department.

Section 1108-D. Commonwealth not to impair bond-related

obligations.

The Commonwealth pledges that it shall not do any of the

following:

(1) Limit or alter the rights and responsibilities of

the authority or the department under this article, including

the responsibility to:

(i) pay bond obligations and bond administrative

expenses; and

(ii) comply with any other instrument or agreement

pertaining to bonds.

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(2) Alter or limit the service agreement under section

1104-D(b).

(3) Impair the rights and remedies of the holders of

bonds, until each bond issued and the interest on the bond

are fully met and discharged.

Section 1109-D. Personal liability.

The members, directors, officers and employees of the

department and the authority shall not be personally liable as a

result of good faith exercise of the rights and responsibilities

granted under this article.

Section 1110-D. Annual report.

No later than March 1 of the year following the first full

year in which bonds have been issued under this article and for

each year thereafter in which bond obligations existed in the

prior year, the department shall submit an annual report to the

chair and minority chair of the Appropriations Committee of the

Senate, the chair and minority chair of the Appropriations

Committee of the House of Representatives, 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 providing all data

available on bonds issued or existing in the prior year. The

report shall include existing and anticipated bond principal,

interest and administrative costs, revenue, repayments,

refinancing, overall benefits to counties and any other relevant

data, facts and statistics that the department believes

necessary in the content of the report.

Section 1111-D. Reimbursement of county electronic poll book

and election infrastructure expenses.

(a) Application.--

(1) A county may apply to the department to receive

funding:

(i) to be reimbursed for its cost to purchase or

lease electronic poll books;

(ii) to fund its purchase or lease of electronic

poll books; or

(iii) to fund its purchase or lease of election

infrastructure equipment.

(2) Each county shall apply for funding on a form

containing information and documentation prescribed by the

department no later than July 1, 2022. The department may

allow a county to submit one or more applications.

(b) Documentation for prior purchase or lease.--If a county

seeks reimbursement of the county's cost to purchase or lease by

capital lease electronic poll books or election infrastructure

equipment that the county purchased or leased before the date

that the county submits its application to the department, the

county's application shall include documentation prescribed by

the department to substantiate the county's cost to purchase or

lease the electronic poll books or election infrastructure

equipment, including copies of fully executed electronic poll

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book contracts, fully executed copies of election infrastructure

equipment contracts, invoices and proof of payment to the vendor

of the electronic poll book or election infrastructure

equipment.

county seeks funding to purchase or lease electronic poll books

or election infrastructure equipment that the county will

purchase or lease after the date that the county submits its

application to the department, the county's application shall

include documentation prescribed by the department to

substantiate the county's estimate to purchase or lease the

electronic poll books or election infrastructure equipment,

including copies of fully executed electronic poll book

contracts or election infrastructure equipment bids or price

quotes submitted to the county and other price estimates or cost

proposals.

(d) Review.--The department shall review each county's

application on a rolling basis and shall either approve or deny

each county's application within 90 days of the date the

application is received by the department. A county may

supplement or amend submitted applications during the 90-day

review period in consultation with the department.

(e) Approval for prior purchase or lease.--If the department

approves a county's application submitted under subsection (b),

the department and the county shall enter into a written grant

agreement through which the department shall reimburse the

county at the amount determined under subsection (g).

(f) Approval for subsequent purchase or lease.--If the

department approves a county's application under subsection (c),

the department and the county shall enter into a written grant

agreement through which the department shall provide funding to

the county to purchase or lease electronic poll books or

election infrastructure equipment at the amount determined under

subsection (g). The county shall hold the grant money in an

account of the county that is separate from each other county

account. The county shall deliver quarterly reports to the

department of the electronic poll book costs or election

infrastructure equipment costs paid from the grant money in a

form prescribed by the department. The county shall return any

unspent grant money to the department within 30 days of the

expiration of the grant agreement.

(g) Payments.--

(1) A county shall only receive amounts under this

section to the extent that the department has bond proceeds

available in the account from which to make payments.

(2) Except as provided under paragraph (3), a county

which submitted an application approved under subsection (e)

or (f) may receive 100% of the total amount submitted under

subsection (b) or (c) which may be reimbursed or paid.

(3) If the total amount submitted by all counties under

paragraph (2) exceeds the total amount available for

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reimbursement or payment, a county may receive a portion of

the amount available equal to the total amount submitted by

the county under subsection (b) or (c) which may be

reimbursed or paid, divided by the total amount submitted by

all counties under subsection (b) or (c) which may be

reimbursed or paid.

(4) The department shall prioritize the funding of

electronic poll books over the funding of election

infrastructure equipment.

Section 6. Section 1210(a.4)(5)(i) and (ii) of the act are

amended to read:

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(a.4) * * *

(5) (i) Except as provided in subclause (ii), if it is

determined that the individual was registered and entitled to

vote at the election district where the ballot was cast,

including where the individual registers under 25 Pa.C.S. §

1325.1 (relating to same-day voter registration) and casts a

provisional ballot, the county board of elections shall compare

the signature on the provisional ballot envelope with the

signature on the elector's registration form and, if the

signatures are determined to be genuine, shall count the ballot

if the county board of elections confirms that the individual

did not cast any other ballot, including an absentee ballot, in

the election.

(ii) A provisional ballot shall not be counted if:

(A) either the provisional ballot envelope under clause (3)

or the affidavit under clause (2) is not signed by the

individual;

(B) the signature required under clause (3) and the

signature required under clause (2) are either not genuine or

are not executed by the same individual;

envelope;

(D) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

election the elector fails to appear before the county board of

elections to execute an affirmation or the county board of

elections does not receive an electronic, facsimile or paper

copy of an affirmation affirming, under penalty of perjury, that

the elector is the same individual who personally appeared

before the district election board on the day of the election

and cast a provisional ballot and that the elector is indigent

and unable to obtain proof of identification without the payment

of a fee;

(E) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the elector fails to appear before the county board of

elections to present proof of identification and execute an

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affirmation or the county board of elections does not receive an

electronic, facsimile or paper copy of the proof of

identification and an affirmation affirming, under penalty of

perjury, that the elector is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot; [or]

(F) the elector's absentee ballot or mail-in ballot is

timely received by a county board of elections[.] except if the

voter was provided information by the county board of elections

of a defect in the voter's absentee ballot or mail-in ballot and

has not returned a completed Absentee Ballot and Mail-in Ballot

Cure Form; or

(G) an application for voter registration was made under 25

Pa.C.S. § 1325.1, but the application was rejected by the

appropriate commission.

* * *

Section 7. Section 1231(b)(1), (3) and (4) of the act are

amended and the subsection is amended by adding a paragraph to

read:

Section 1231. Deadline for Receipt of Valid Voter

Registration Application.--* * *

(b) In the administration of voter registration, each

commission shall ensure that an applicant who is a qualified

elector is registered to vote in an election when the applicant

has met any of the following conditions:

(1) In the case of voter registration with a motor vehicle

driver's license application under 25 Pa.C.S. § 1323 (relating

to application with driver's license application), if the valid

voter registration application is received by the [appropriate

commission] Department of Transportation not later than fifteen

days before the election.

* * *

(3) In the case of voter registration at a voter

registration agency under 25 Pa.C.S. § 1325 (relating to

government agencies), if the valid voter registration

application is received by the appropriate commission or the

Department of State not later than fifteen days before the

election.

(3.1) In the case of same-day voter registration under 25

Pa.C.S. § 1325.1 (relating to same-day voter registration), if

the valid voter registration application of the applicant is

accepted in the appropriate electoral district by the presiding

judge of elections.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission or the Department of State not later than fifteen

days before the election.

* * *

Section 8. The act is amended by adding an article to read:

ARTICLE XII-A

EARLY VOTING IN ELECTIONS

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Section 1201-A. Conduct.

(a) Authority.--Notwithstanding any law to the contrary,

each county board shall provide for a period of early voting in

elections as provided for under this article.

(b) Issuance of ballots and voting booths.--The following

apply:

(1) If a request is made to vote early by a registered

elector, the county board shall issue a ballot to the

registered elector, except in districts where electronic

voting systems are used in accordance with Article XI-A, for

in-person early voting. Except as otherwise provided under

this article, each ballot issued to registered electors for

early voting must be voted on the premises of the county

board and returned to the county board.

(2) On the dates for early voting prescribed under

section 1203-A, each county board shall provide voting booths

with electronic voting systems certified by the secretary and

other suitable equipment for voting on the premises of the

county board and at any other early voting location

established by the county board for the conduct of early

voting in accordance with this article. Each ballot style

must be available in each early voting location, allowing any

registered voter of the county to vote in any of the early

voting locations.

a list of each registered elector in each election district who

vote during the early voting period. The list must be maintained

for each election district in the county.

(d) District Register.--The district register shall indicate

whether a voter has voted early under this article.

Section 1202-A. Early voting locations.

(a) Minimum location requirement.--A county board shall

establish at least one early voting location for in-person early

voting at a location in the county.

(b) Minimum population requirement.--In addition to the

requirement under subsection (a), a county board shall establish

one early voting location for in-person early voting for every

100,000 residents of the county as determined by the most recent

Federal decennial census and each annual American Community

Survey population update.

for early voting locations under subsections (a) and (b), a

county board may establish additional early voting locations for

in-person early voting.

(d) Location.--Early voting locations may be located in any

location eligible to be selected as a polling place under

Article V.

(e) Voting.--A registered elector entitled to early voting

may vote early at any early voting location established by the

county board.

(f) Factors.--If more than one early voting location or

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temporary early voting location is established under this

section or section 1204-A, a county board shall consider the

following factors:

(1) proximity to public transportation lines and

availability of parking;

(2) travel time to the early voting location;

(3) commuter traffic patterns;

(4) geographic features that tend to affect access and

convenience;

(5) equitable distribution across the county so as to

afford maximally convenient options for electors;

(6) population density;

(7) use of existing voting locations that typically

serve a significant number of electors;

(8) use of public buildings that are known to electors

in the county, especially to the extent that using the

buildings results in cost savings compared to other potential

locations; and

(9) if private locations are considered or designated as

early voting locations, methods and standards to ensure the

security of voting conducted at the locations.

(g) Accessibility.--Early voting locations shall not be

subject to the same provisions as polling places but shall be

accessible to persons with disabilities.

(h) Prohibition.--An individual, if within an early voting

location or temporary early voting location, may not

electioneer or solicit votes for a political party, political

body or candidate. Written or printed material may not be posted

within the early voting location or temporary early voting

location, except as required under this act.

(i) Distance.--An individual, except a county designee,

watcher, person in the course of voting, person lawfully giving

assistance to a voter and peace and police officer, if permitted

under this act, must remain at least 10 feet distant from the

early voting location or temporary early voting location during

the progress of the voting.

(j) Watcher.--Each candidate and each party or political

body may appoint one watcher consistent with section 417 who

shall be present within the early voting location or temporary

early voting location from the time that county designees meet

prior to the opening of the early voting location or temporary

early voting location until the time that county designees

depart the early voting location or temporary early voting

location. A watcher must be a qualified elector of the county in

which the watcher serves and must show their certificates if

requested to do so.

Section 1203-A. Period for early voting.

(a) Commencement and ending.--The period for in-person early

voting shall begin on the 17th day preceding the date of an

election and extend through 5 p.m. on the Saturday before

election day.

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(b) Schedules.--Except as provided under subsection (c), the

following shall apply for each election:

(1) Each early voting location must remain open

beginning the 17th day before an election through 5 p.m. the

Saturday before election day as follows:

(i) during the hours of 9 a.m. to 5 p.m.;

(ii) during the hours of 8 a.m. to 7 p.m. on the

second weekend before election day and any holiday; and

(iii) a county board may establish longer hours for

early voting locations in compliance with section 1206-A

and 1207-A.

(2) (Reserved).

county board may close an early voting location if the building

in which the early voting location is located has been closed by

a State, county or local agency in response to a severe weather

emergency or other emergency. The county board shall notify the

Secretary of the Commonwealth of each closure and shall make

reasonable efforts to provide notice to the public of an

alternative early voting location.

(d) Security of ballots and voting equipment.--The county

board shall ensure that each ballot, scanner and other voting

equipment used during the early voting period are secured in

accordance with Article XI-A. The following shall apply:

(1) At the beginning of each day of early voting, the

early voting location officials shall examine every ballot

box, scanner and tabulator, if applicable, to ensure that

they remain locked and sealed. Upon completion of their

examination, the early voting location officials shall sign a

declaration attesting to the same on a form prescribed by the

Secretary of the Commonwealth.

(2) At the end of each day of early voting, the early

voting location officials shall examine every ballot box,

scanner and tabulator, if applicable, to ensure that they

remain locked and sealed. Upon completion of their

examination, the early voting location officials shall sign a

declaration attesting to the same on a form prescribed by the

Secretary of the Commonwealth.

Section 1204-A. Designation of temporary early voting

locations.

(a) Temporary early voting locations.--In addition to early

voting locations established under section 1202-A, the county

board may establish temporary early voting locations for early

voting.

(b) Applicability of schedule.--The following apply:

(1) The schedules for the conduct of early voting under

section 1203-A(b) shall not apply to temporary early voting

locations. Early voting at temporary early voting locations

may be conducted on one or more days and during hours within

the early voting period established for in-person early

voting under section 1203-A(b), as determined by the county

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board.

(2) The schedules for the conduct of early voting at a

temporary early voting location shall not need to be uniform

among the temporary early voting locations.

Section 1205-A. Public buildings.

(a) Early voting locations.--The following apply:

(1) Upon request by a county board, the governing body

of a municipality shall make public buildings within the

county available as early voting locations without charge. A

request to use a public building shall include reasonably

necessary time before and after the period that early voting

will be conducted at the public building.

(2) A municipality making a public building available as

an early voting location shall ensure that any portion of the

building made available is accessible to voters with

disabilities and elderly voters.

(b) (Reserved).

Section 1206-A. Publication of early voting locations and

schedules.

(a) Notice.--During the week immediately preceding the

commencement of early voting and at least once each week during

the period of early voting, the county board shall publish in a

newspaper of general circulation in the county a schedule

stating:

(1) the location of each early voting location; and

(2) the dates and hours that early voting will be

conducted at each temporary early voting location.

(b) Posting requirements.--Each county board shall post a

copy of the schedule at an office or other location that is to

be used as a temporary early voting location. The schedule must

be posted continuously for a period beginning not later than the

10th day before the commencement of early voting and ending on

the last day of the early voting period.

schedule available to the public in reasonable quantities

without charge during the period of posting.

(d) Electronic posting.--If the county board maintains a

publicly accessible Internet website, the county board shall

make the schedule available on the website during the period of

posting.

(e) Prohibition and exception after schedule publication.--

The following apply:

(1) Additional early voting locations may not be

established after the schedule is published under this

section.

(2) Additional temporary early voting locations may be

established after the schedule is published if the temporary

early voting locations are open to each registered elector.

The locations, dates and hours of each additional temporary

early voting location shall be reported to the Secretary of

the Commonwealth and posted on the county board's publicly

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accessible Internet website.

Section 1207-A. List of early voting locations.

At least 10 days before the commencement of early voting,

each county board shall provide the Secretary of the

Commonwealth with a list of each early voting location and the

hours each location will be open for early voting.

Section 1208-A. Results.

Results of early voting may not be made available to the

public other than through the tabulation process used for votes

cast on election day, after the closing of polls.

Section 9. Section 1302.1(a) of the act is amended and the

section is amended by adding a subsection to read:

Section 1302.1. Date of Application for Absentee Ballot.--

(a) Except as provided in subsection (a.3), applications for

absentee ballots shall be received in the office of the county

board of elections not earlier than fifty (50) days before the

primary or election, except that if a county board of elections

determines that it would be appropriate to its operational

needs, any applications for absentee ballots received more than

fifty (50) days before the primary or election may be processed

before that time. [Applications] Except as provided under

subsection (a.1), applications for absentee ballots shall be

processed if received not later than five o'clock P.M. [of the

first Tuesday] on the fifteenth day prior to the day of any

primary or election.

(a.1) Notwithstanding subsection (a), an application for an

absentee ballot received from an applicant who presents his or

her own application at an office of the county board shall be

processed if received not later than five o'clock P.M. of the

day prior to the day of any primary or election.

* * *

Section 10. Sections 1302.2(c), 1304 and 1306 of the act,

amended March 27, 2020 (P.L.41, No.12), are amended to read:

Section 1302.2. Approval of Application for Absentee

Ballot.--* * *

application of a qualified elector required to be registered

under the provisions of preceding section 1301, shall determine

the qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

application with the information contained on the applicant's

permanent registration card. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked "approved." Such approval

decision shall be final and binding, except that challenges may

be made only on the ground that the applicant was not a

qualified elector. Such challenges must be made to the county

board of elections prior to five o'clock p.m. on the Friday

prior to the election or prior to the pre-canvass of an

elector's absentee ballot, whichever is earlier: Provided,

however, That a challenge to an application for an absentee

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ballot shall not be permitted on the grounds that the elector

used an application for an absentee ballot instead of an

application for a mail-in ballot or on the grounds that the

elector used an application for a mail-in ballot instead of an

application for an absentee ballot.

* * *

Section 1304. Envelopes for Official Absentee Ballots.--

(a) The county boards of election shall provide two

additional envelopes for each official absentee ballot of such

size and shape as shall be prescribed by the Secretary of the

Commonwealth, in order to permit the placing of one within the

other and both within the mailing envelope. On the smaller of

the two envelopes to be enclosed in the mailing envelope shall

be printed, stamped or endorsed the words "Official Election

Ballot," and nothing else. On the larger of the two envelopes,

to be enclosed within the mailing envelope, shall be printed,

stamped or endorsed the United States Postal Service's Official

Election Mail logo, a prepaid reply mail option under subsection

(b), the form of the declaration of the elector, and the name

and address of the county board of election of the proper

county. The larger envelope shall also contain information

indicating the local election district of the absentee voter.

Said form of declaration and envelope shall be as prescribed by

the Secretary of the Commonwealth and shall contain among other

things a statement of the electors qualifications, together with

a statement that such elector has not already voted in such

primary or election. The mailing envelope addressed to the

elector shall contain the two envelopes, the official absentee

ballot, lists of candidates, when authorized by section 1303

subsection (b) of this act, the uniform instructions in form and

substance as prescribed by the Secretary of the Commonwealth and

nothing else.

(b) The county board of election shall provide prepaid

postage for the larger of the two additional envelopes. The

county board of election shall utilize a United States Postal

Service prepaid reply mail option.

States Postal Service Intelligent Mail barcode or successor

system allowing mail tracking as specified by the Secretary of

the Commonwealth, on both the mailing envelope and larger

envelope.

Section 1306. Voting by Absentee Electors.--(a) Except as

provided in paragraphs (2) and (3), at any time after receiving

an official absentee ballot, but on or before eight o'clock P.M.

the day of the primary or election, the elector shall, in

secret, proceed to mark the ballot only in black lead pencil,

indelible pencil or blue, black or blue-black ink, in fountain

pen or ball point pen, and then fold the ballot, enclose and

securely seal the same in the envelope on which is printed,

stamped or endorsed "Official Election Ballot." This envelope

shall then be placed in the second one, on which is printed the

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form of declaration of the elector, and the address of the

elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to either said county board of election or at a ballot

drop box.

(2) Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

by the Secretary of the Commonwealth, to be signed by the head

of the department or chief of division or bureau in which the

elector is employed, setting forth the identity of the elector,

spouse of the elector or dependent of the elector.

(3) Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

declaration because of illness or physical disability, shall be

excused from signing upon making a declaration which shall be

witnessed by one adult person in substantially the following

form: I hereby declare that I am unable to sign my declaration

for voting my absentee ballot without assistance because I am

unable to write by reason of my illness or physical disability.

I have made or received assistance in making my mark in lieu of

my signature.

.............................. .......................(Mark)

(Date)

.............................. .............................

(Complete Address of Witness) (Signature of Witness)

(b) (1) Any elector who receives and votes an absentee

ballot pursuant to section 1301 shall not be eligible to vote at

a polling place on election day. The district register at each

polling place shall clearly identify electors who have received

and voted absentee ballots as ineligible to vote at the polling

place, and district election officers shall not permit electors

who voted an absentee ballot to vote at the polling place.

(2) An elector who requests an absentee ballot and who is

not shown on the district register as having voted the ballot

may vote by provisional ballot under section 1210(a.4)(1).

(3) Notwithstanding paragraph (2), an elector who requests

an absentee ballot and who is not shown on the district register

as having voted the ballot may vote at the polling place if the

elector remits the ballot and the envelope containing the

declaration of the elector to the judge of elections to be

spoiled and the elector signs a statement subject to the

penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) in substantially the following

form:

I hereby declare that I am a qualified registered elector who

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has obtained an absentee ballot or mail-in ballot. I further

declare that I have not cast my absentee ballot or mail-in

ballot, and that instead I remitted my absentee ballot or

mail-in ballot and the envelope containing the declaration of

the elector to the judge of elections at my polling place to

be spoiled and therefore request that my absentee ballot or

mail-in ballot be voided.

(Date)

(Signature of Elector)................(Address of Elector)

(Local Judge of Elections)

receipt of voted ballot), a completed absentee ballot must be

received in the office of the county board of elections or

delivered to a ballot drop box no later than eight o'clock P.M.

on the day of the primary or election.

(d) Nothing under this section shall be construed to

prohibit an elector from returning the completed ballot of

another member of the elector's household, registered at the

same residential address and unit number.

Section 11. Section 1308(a) and (g)(1)(ii) and (1.1) and (4)

(ii) and (iii) of the act, amended March 27, 2020 (P.L.41,

No.12), are amended and subsections (a) and (g) are amended by

adding paragraphs to read:

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--(a) The county boards of election, upon

receipt of official absentee ballots in sealed official absentee

ballot envelopes as provided under this article and mail-in

ballots as in sealed official mail-in ballot envelopes as

provided under Article XIII-D, shall [safely keep the ballots in

sealed or locked containers until they are to be canvassed by

the county board of elections. An absentee ballot, whether

issued to a civilian, military or other voter during the regular

or emergency application period, shall be canvassed in

accordance with subsection (g). A mail-in ballot shall be

canvassed in accordance with subsection (g).] mark the date of

receipt in the voter's record and shall examine the ballot

envelope containing the declaration of the elector to verify

completion of the declaration as required under sections 1306

and 1306-D. The following shall apply:

(1) If the declaration of the elector has been completed as

required under sections 1306 and 1306-D, the absentee and mail-

in ballots shall safely be kept in sealed or locked containers

until the ballots are to be pre-canvassed or canvassed by the

county board of elections. An absentee ballot, notwithstanding

if the absentee ballot is issued to a civilian, military or

other voter during the regular or emergency application period,

shall be pre-canvassed or canvassed in accordance with

subsection (g). A mail-in ballot shall be pre-canvassed in

accordance with subsection (g).

(2) If the declaration of the elector has not been correctly

signed as required under sections 1306 and 1306-D, the county

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board of elections shall enter into the voter's record in the

voter registration system that the absentee ballot or mail-in

ballot has an issue with the voter's declaration requiring

correction in order for the absentee ballot or mail-in ballot to

be counted. Absentee ballots or mail-in ballots with erroneous

declaration of the elector shall be kept in a separate sealed or

locked container. The following shall apply:

(i) Within twenty-four (24) hours of a finding under

paragraph (2), the county board of elections shall notify the

voter by letter, by email if the voter has provided an email

address and by phone if the voter has provided a phone number,

of the error and shall provide an Absentee Ballot and Mail-in

Ballot Cure Form. The form shall be created by the Secretary of

the Commonwealth and shall contain a location for the voter to

place the voter's Pennsylvania driver's license or Department of

Transportation identification card number or last four digits of

the voter's Social Security number and instructions on how to

return the form. Instead of providing a driver's license,

Department of Transportation identification card number or the

last four digits of the voter's Social Security number, a voter

may provide a legible copy or photograph of a government-issued

document, including an official Federal, State, county or