PRINTER'S NO. 478

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 419 Session of 1991


        INTRODUCED BY VROON, BUNT, TIGUE, FAJT, SCHULER, PERZEL,
           E. Z. TAYLOR, TRELLO, BELARDI, BILLOW, THOMAS, SERAFINI,
           OLASZ AND SEMMEL, MARCH 11, 1991

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 11, 1991

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
     2     "An act concerning elections, including general, municipal,
     3     special and primary elections, the nomination of candidates,
     4     primary and election expenses and election contests; creating
     5     and defining membership of county boards of elections;
     6     imposing duties upon the Secretary of the Commonwealth,
     7     courts, county boards of elections, county commissioners;
     8     imposing penalties for violation of the act, and codifying,
     9     revising and consolidating the laws relating thereto; and
    10     repealing certain acts and parts of acts relating to
    11     elections," providing for the modernization of election
    12     equipment upon the approval of the electors of counties; and
    13     providing for grants to counties for a portion of the cost.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  The act of June 3, 1937 (P.L.1333, No.320), known
    17  as the Pennsylvania Election Code, is amended by adding an
    18  article to read:
    19                           ARTICLE XVII-A
    20                Modernization of Election Equipment
    21     Section 1701-A.  Authorization of Modernizing Election
    22  Equipment.--In each county where a majority vote in favor of the
    23  question of modernizing the county's election equipment, the

     1  county board of elections shall modernize the election equipment
     2  of the county.
     3     Section 1702-A.  Placing Modernization Question on Ballot.--
     4  (a)  The county election board may, upon their own motion, or
     5  shall, upon the filing of a petition with them signed by
     6  qualified electors of the county equal in number to at least
     7  fifteen (15) per centum of the total number of electors who
     8  voted in the county at the preceding general or municipal
     9  election, submit to the qualified registered electors of the
    10  county, at the next primary or election, the question "Shall the
    11  election equipment of the county of              be modernized?"
    12     (b)  The county board shall cause the said question to be
    13  submitted at the primary or election, in accordance with the
    14  provisions of this act relating to elections.
    15     (c)  The election on said question shall be held at the
    16  places, during the hours, and under the regulations, provided by
    17  law for holding primaries and elections, and shall be conducted
    18  by the election officers provided by law to conduct such
    19  elections. The election officers shall count the votes cast at
    20  the elections on said question, and shall make return thereof to
    21  the county election board of the county, as required by law. The
    22  returns shall be computed by the county election board, or other
    23  return board, and, when so computed, a certificate of the total
    24  number of electors voting "Yes" and of the total number of
    25  electors voting "No" on such question shall be filed in the
    26  office of the county election board. Copies of the return so
    27  filed shall be certified by the county election board and shall
    28  forthwith be furnished to the Secretary of the Commonwealth and
    29  to the county commissioners or other appropriate authority of
    30  the county.
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     1     (d)  If a majority of the electors of any county voting on
     2  such question shall vote against the modernization of election
     3  equipment, the question shall not again be submitted to the
     4  voters of that county for a period of three (3) years.
     5     (e)  Whenever, under the provisions of this act, the question
     6  of the modernization of election equipment is to be submitted to
     7  the electors of any county, the county board of elections shall
     8  publicize and inform the electors of the county of the need for
     9  and nature of the proposed modernization. The county board of
    10  elections shall further inform the electors that fifty (50) per
    11  centum of the approved cost of the election equipment
    12  modernization will be paid to the county by a grant from the
    13  Commonwealth.
    14     Section 1703-A.  Action on Approval by Electors.--If a
    15  majority voting on the question in any county vote in favor of
    16  the modernization of election equipment, the county board of
    17  elections of that county shall prepare a plan describing the
    18  modernization of election equipment it proposes to undertake.
    19  The modernization plan shall be in the form and with the
    20  explanation as may be required by the Secretary of the
    21  Commonwealth. The plan together with an application for a grant
    22  for payment of a portion of the cost thereof shall be submitted
    23  to the Secretary of the Commonwealth. The application shall be
    24  made on a form prepared and furnished by the Secretary of the
    25  Commonwealth.
    26     Section 1704-A.  Grants.--Upon application from a county, the
    27  Secretary of the Commonwealth shall award to the county a grant
    28  in the amount of fifty (50) per centum of the cost of projects
    29  for modernization of election equipment set forth in the plan
    30  which is approved by the secretary.
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     1     Section 1705-A.  Modernization.--Upon receipt of a grant as
     2  provided for in section 1704-A, the county board of elections
     3  shall promptly undertake the approved projects for modernization
     4  of election equipment. The portion of the cost of modernization
     5  of election equipment beyond the grant received from the
     6  Secretary of the Commonwealth shall be borne by the county.
     7     Section 2.  The sum of $30,000,000, or as much thereof as may
     8  be necessary, is hereby appropriated to the Department of State
     9  for use by the Secretary of the Commonwealth in making grants
    10  authorized by this act.
    11     Section 3.  This act shall take effect in 60 days.













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