THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY LONGIETTI, B. BOYLE, BROOKS, BURNS, CALTAGIRONE, COHEN, D. COSTA, CRUZ, DeLUCA, DeWEESE, FREEMAN, GEORGE, HALUSKA, HARHAI, HENNESSEY, HORNAMAN, KOTIK, MAHONEY, MILLER, M. O'BRIEN, PRESTON, STABACK, TALLMAN AND YOUNGBLOOD, MARCH 16, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 2012  

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 recounts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1404(g) of the act of June 3, 1937

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

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

Section 1404.  Computation of Returns by County Board;

Certification; Issuance of Certificates of Election.--

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(g)  This subsection relates to recounts and recanvasses

ordered by the secretary.

(1)  Except as set forth in subsection (h), the secretary

shall order a recount and recanvass to all county boards if the

unofficial returns prepared in accordance with subsection (f)

reflect any of the following:

(i)  [A candidate for a public office which appears on the

ballot in every election district in this Commonwealth was

defeated by one-half of a percent or less of the votes cast for

the office. This subclause includes a candidate for retention to

a Statewide judicial office] A candidate for a public office

which appears on the ballot in a Statewide election, in an

election within any political subdivision of this Commonwealth

or in an election in a State legislative district was defeated

by one-half of a percent or less of the votes cast for the

office. This subclause includes, but is not limited to, a

candidate for retention or reelection to a judicial office of

the Commonwealth.

(ii)  A ballot question appearing on the ballot in every

election district in this Commonwealth was approved or rejected

by one-half of a percent or less of the votes cast on the

question.

(2)  The secretary shall issue an order under clause (1) by

five o'clock P. M. of the second Thursday following the day of

the election.

(3)  The secretary shall provide twenty-four (24) hours

notice of an order under clause (1) to each candidate and to the

county chairman of each party or political body affected by the

recount and recanvass. Notice shall be by press release, the

World Wide Web site or other means.

(4)  A candidate affected by the recount and recanvass may be

present, in person or by attorney, at the recount and recanvass.

A party or body affected by the recount and recanvass may send

two representatives to the recount and recanvass.

(5)  The recount and recanvass shall:

(i)  follow procedures specified in subsection (e);

(ii)  be scheduled to be held by the third Wednesday

following the day of the election; and

(iii)  be completed by noon on the following Tuesday.

(6)  The results of the recount and recanvass shall be

submitted to the secretary by 12 o'clock noon on the day

following completion of the recount and recanvass.

(7)  The secretary shall issue a press release and publish on

the World Wide Web site all results received from the county

boards of election.

(8)  Following the completion of the recount and recanvass,

the Commonwealth shall pay to each county the sum specified in

sections 1701 and 1702. The amounts necessary to pay the

counties are hereby appropriated, upon approval of the Governor,

to the Department of State.

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Section 2.  This act shall take effect in 60 days.