THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD AND SIPTROTH, JANUARY 20, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 20, 2010  

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." further providing for provisional ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1210(a.4)(4) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

amended October 8, 2004 (P.L.807, No.97), is amended to read:

Section 1210.  Manner of Applying to Vote; Persons Entitled

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

Register; Numbered Lists of Voters; Challenges.--* * *

(a.4)  * * *

(4)  Within seven calendar days of the election, the county

board of elections shall examine each provisional ballot

envelope that is received to determine if the individual voting

that ballot was entitled to vote at the election district in the

election. One authorized representative of each candidate in an

election and one representative from each political party shall

be permitted to remain in the room in which the determination is

being made. Representatives shall be permitted to keep a list of

those persons who cast a provisional ballot and shall be

entitled to challenge any determination of the county board of

elections with respect to the counting or partial counting of

the ballot under this section. Upon challenge of any provisional

ballot under this clause, the ballot envelope shall be marked

"challenged" together with the reason for the challenge, and the

provisional ballot shall be set aside pending final

determination of the challenge according to the following

procedure:

(i)  Provisional ballots marked "challenged" shall be placed

unopened in a secure, safe and sealed container in the custody

of the county board of elections until it shall fix a time and

place for a formal hearing of all such challenges, and notice

shall be given where possible to all provisional electors thus

challenged and to every attorney, watcher or candidate who made

the challenge. The county board shall appoint a nonpartisan

hearing committee to hear the challenge.

(ii)  The time for the hearing shall not be later than seven

days after the date of the challenge.

(iii)  On the day fixed for the hearing, the [county board]

hearing committee shall proceed without delay to hear the

challenges and, in hearing the testimony, the [county board]

hearing committee shall not be bound by the Pennsylvania Rules

of Evidence.

(iv)  The testimony presented shall be stenographically

recorded and made part of the record of the hearing.

(v)  The decision of the [county board] hearing committee in

upholding or dismissing any challenge may be reviewed by the

court of common pleas of the county upon a petition filed by any

petitioner aggrieved by the decision [of the county board]. The

appeal shall be taken, within two days after the decision was

made, whether the decision was reduced to writing or not, to the

court of common pleas setting forth the objections to the

[county board's] decision and praying for an order reversing the

decision.

(vi)  Pending the final determination of all appeals, the

county board shall suspend any action in canvassing and

computing all challenged provisional ballots irrespective of

whether or not an appeal was taken from the [county board's]

hearing committee's decision.

(vii)  Upon completion of the computation of the returns of

the county, the votes cast upon the challenged official

provisional ballots shall be added to the other votes cast

within the county.

* * *

Section 2.  The amendment of section 1210(a.4)(4) of the act

shall apply to elections conducted after December 31, 2009.

Section 3.  This act shall take effect in 60 days.