AN ACT

 

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

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 1404(g) of the act of June 3, 1937
15(P.L.1333, No.320), known as the Pennsylvania Election Code,
16added October 8, 2004 (P.L.807, No.97), is amended to read:

17Section 1404. Computation of Returns by County Board;
18Certification; Issuance of Certificates of Election.--

19* * *

20(g) This subsection relates to recounts and recanvasses
21ordered by the secretary.

22(1) Except as set forth in subsection (h), the secretary

1shall order a recount and recanvass to all county boards if the
2unofficial returns prepared in accordance with subsection (f)
3reflect any of the following:

4(i) A candidate for a public office which appears on the
5ballot in [every election district in this Commonwealth] a 
6countywide election or in an election in a State legislative 
7district was defeated by one-half of a percent or less of the
8votes cast for the office. [This subclause includes a candidate
9for retention to a Statewide judicial office.]

10(ii) A ballot question appearing on the ballot in every
11election district in this Commonwealth was approved or rejected
12by one-half of a percent or less of the votes cast on the
13question.

14(2) The secretary shall issue an order under clause (1) by
15five o'clock P. M. of the second Thursday following the day of
16the election.

17(3) The secretary shall provide twenty-four (24) hours
18notice of an order under clause (1) to each candidate and to the
19county chairman of each party or political body affected by the
20recount and recanvass. Notice shall be by press release, the
21World Wide Web site or other means.

22(4) A candidate affected by the recount and recanvass may be
23present, in person or by attorney, at the recount and recanvass.
24A party or body affected by the recount and recanvass may send
25two representatives to the recount and recanvass.

26(5) The recount and recanvass shall:

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

28(ii) be scheduled to be held by the third Wednesday
29following the day of the election; and

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

1(6) The results of the recount and recanvass shall be
2submitted to the secretary by 12 o'clock noon on the day
3following completion of the recount and recanvass.

4(7) The secretary shall issue a press release and publish on
5the World Wide Web site all results received from the county
6boards of election.

7(8) Following the completion of the recount and recanvass,
8the Commonwealth shall pay to each county the sum specified in
9sections 1701 and 1702. The amounts necessary to pay the
10counties are hereby appropriated, upon approval of the Governor,
11to the Department of State.

12* * *

13Section 2. This act shall take effect in 60 days.