PRIOR PRINTER'S NO. 1872
PRINTER'S NO. 3506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
34
Session of
2021
INTRODUCED BY DAY, R. BROWN, HAMM, MOUL, ZIMMERMAN, JONES AND
TWARDZIK, JUNE 22, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 20, 2022
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in preparation for and conduct of primaries and
elections, providing for cargo BALLOT securement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 1234. Cargo BALLOT Securement.--(a) Each county
board shall use a cargo securement procedure ADOPT BALLOT
SECURITY PROCEDURES , in accordance with this section, to ensure
that ballots cast in an election are not tampered with or
counted erroneously.
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(b) Ballots cast in an election shall be secured in a
transportation container with DURING ANY POINT IN WHICH THE
BALLOTS ARE NOT AT A VOTING PRECINCT OR COUNTY BOARD OF
ELECTIONS, UNLESS IN CUSTODY OF THE UNITED STATES POSTAL
SERVICE. THE TRANSPORTATION CONTAINER SHALL POSSESS a numbered
security tag that seals the transportation container and
includes an individually identifiable number.
(c) The following apply to a bill of lading FOR BALLOTS
OUTSIDE OF A VOTING PRECINCT OR COUNTY BOARD OF ELECTIONS :
(1) The cargo securement procedures BALLOT SECURITY
PROCEDURE under this section shall include a bill of lading
sealed within each transportation container described in
subsection (b), which shall accompany the ballots cast in the
election:
(i) at the location that the ballots are initially
collected;
(ii) while the ballots are in transit; and
(iii) at any storage location for the ballots UNTIL THE
BALLOTS ARE PRECANVASSED OR CANVASSED .
(2) The bill of lading shall include the location, date and
time that the ballots cast in the election were collected, along
with the numbered security tag number.
(3) The bill of lading shall remain with the ballots cast in
the election, with or without the accompanying security
envelopes for the ballots, through the final ballot storage
location. ANY BILLS OF LADING THAT ARE NOT SEALED IN A
TRANSPORTATION OR STORAGE CONTAINER SHALL BE KEPT IN ACCORDANCE
WITH THE COUNTY'S BALLOT SECURITY PROCEDURES AND SHALL BE
AVAILABLE FOR INSPECTION BY A POLL WATCHER.
(d) If the numbered security tag is broken, IT SHOULD BE
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STORED WITH THE BILL OF LADING AND the bill of lading shall be
marked with the:
(1) location, date and time regarding the incident;
(2) reason for the incident;
(3) broken numbered security tag number; and
(4) newly affixed numbered security tag number.
(e) If a ballot storage location is monitored by staff, the
staff TRANSPORTATION CONTAINER CONTAINING BALLOTS IS MOVED,
DOCUMENTATION SHALL BE KEPT WITH THE CONTAINER, INCLUDING THE
NAME OF THE INDIVIDUAL WHO HANDLED OR HAD CUSTODY OF THE
TRANSPORTATION CONTAINER. THE INDIVIDUAL shall record the
location, date, time and numbered security tag number regarding
the ballots cast in the election. STORAGE AND MAINTENANCE OF
CHAIN OF CUSTODY OF DOCUMENTS SHALL BE PRESCRIBED IN THE
COUNTY'S BALLOT SECURITY PROCEDURES.
(f) A poll watcher shall be entitled to know the numbered
security tag numbers and location of the stored ballots cast in
the election, NUMBER OF TRANSPORTATION AND STORAGE CONTAINERS
CONTAINING BALLOTS IN A GIVEN ELECTION, which are waiting to be
counted PRECANVASSED, CANVASSED or stored after counting.
Section 2. This act shall take effect in 60 days.
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