Regular Session 2019-2020 House Bill 0429 P.N. 0416

PRINTER'S NO. 416

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

429

Session of

2019

INTRODUCED BY BENNINGHOFF, BARRAR, HERSHEY, IRVIN, JAMES,

KEEFER, LAWRENCE, LEWIS, MARKOSEK, MILLARD, B. MILLER, MURT,

RYAN, WARNER AND WHEELAND, FEBRUARY 11, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 11, 2019

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 provisions relating to the Secretary of the

Commonwealth, further providing for powers and duties of the

Secretary of the Commonwealth and for explanation of ballot

question; and, in ballots, further providing for form of

official election ballot.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended by

adding a subsection to read:

Section 201. Powers and Duties of the Secretary of the

Commonwealth.--The Secretary of the Commonwealth shall exercise

in the manner provided by this act all powers granted to him by

this act, and shall perform all the duties imposed upon him by

this act, which shall include the following:

* * *

(c.1) To certify to county boards of elections the

information contained in fiscal notes received from the Office

of the Budget under section 201.1(b).

* * *

Section 2. Sections 201.1 and 1003(g) of the act are amended

to read:

Section 201.1. Explanation of Ballot Question.--(a)

Whenever a proposed constitutional amendment or other State-wide

ballot question shall be submitted to the electors of the

Commonwealth in referendum, the Attorney General shall prepare a

statement in plain English which indicates the purpose,

limitations and effects of the ballot question on the people of

the Commonwealth. The Secretary of the Commonwealth shall

include such statement in his publication of a proposed

constitutional amendment as required by Article XI of the

Constitution of Pennsylvania. The Secretary of the Commonwealth

shall certify such statement to the county boards of elections

who shall publish such statement as a part of the notice of

elections required by section 1201 or any other provision of

this act. The county board of elections shall also require that

at least three copies of such statement be posted in or about

the voting room outside the enclosed space with the specimen

ballots and other instructions and notices of penalties. In

election questions which affect only one county or portion

thereof, the county board of elections shall fulfill these

requirements in the place of the Attorney General and the

Secretary of the Commonwealth.

(b) (1) In addition to the requirements of subsection (a),

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whenever a Statewide ballot question shall be submitted to the

electors of the Commonwealth in referendum for the issuance of

debt, the Office of the Budget shall prepare a fiscal note in

plain English, which includes a detailed description of the

project that may be funded by the debt, the total costs for the

project, the anticipated interest costs over the term of the

debt and any anticipated future costs for issuing the debt. The

fiscal note shall specify that the estimated costs of borrowing

are relevant within the period of time indicated by the Office

of the Budget. The Office of the Budget shall submit the fiscal

note to the Secretary of the Commonwealth, and the Secretary of

the Commonwealth shall certify the fiscal note to the county

boards of elections, who shall publish the fiscal note as a part

of the notice of elections required under section 1201 or any

other provision of this act. The county boards of elections

shall also require that at least three copies of the fiscal note

be posted in or about the voting room outside the enclosed space

with the specimen ballots and other instructions and notices of

penalties.

(2) In election questions for the issuance of debt that

affects only one county, city, borough, township, school

district or other political subdivision or incorporated district

contained in any county, the governing body of the local

government unit shall originate the fiscal note, which shall

include the description of the project that may be funded by the

debt, the total costs for the project, the anticipated interest

costs over the term of the debt and any anticipated future costs

for issuing the debt. The fiscal note shall specify that the

approximate costs of borrowing are relevant within the period of

time indicated in the information of the governing body that is

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seeking to acquire the electorate-approved debt. The governing

body of the local government unit shall submit the ballot

question and fiscal note to the county board of elections and

shall publish the fiscal note as a part of the notice of

elections required under section 1201 or any other provision of

this act. The county board of elections shall also require that

at least three copies of the fiscal note be posted in or about

the voting room outside the enclosed space with the specimen

ballots and other instructions and notices of penalties.

Section 1003. Form of Official Election Ballot.--

* * *

(g) The official ballots shall vary in form only as the

names of districts, offices, candidates or the provisions of

this act may require. When constitutional amendments or other

questions, including fiscal notes prepared by the Office of the

Budget or local government unit under section 201.1(b), are

submitted to a vote of the electors, each amendment or other

question, including fiscal notes, so submitted may be printed

upon the ballot below the groups of candidates for the various

offices, and, when required by law, shall be so printed.

Constitutional amendments so submitted shall be printed in brief

form, to be determined by the Secretary of the Commonwealth, and

other questions, including fiscal notes, so submitted shall be

printed in brief form, to be determined by the Secretary of the

Commonwealth in the case of questions to be voted on by the

electors of the State at large, and by the county boards in

other cases. To the right of each question there shall be placed

the words "yes" and "no," together with appropriate squares to

the right of each for the convenient insertion of a cross mark.

Section 3. This act shall apply to elections occurring at

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least 60 days after the effective date of this section.

Section 4. This act shall take effect in 60 days.

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