Regular Session 2019-2020 House Resolution 1032 P.N. 4432

PRINTER'S NO. 4432

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

1032

Session of

2020

INTRODUCED BY EVERETT, SEPTEMBER 28, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 28, 2020

A RESOLUTION

Establishing the Select Committee on Election Integrity to

investigate, review and make recommendations concerning the

regulation and conduct of the 2020 general election.

WHEREAS, The Elections Clause of the Constitution of the

United States, Article I, Section 4, Clause 1, as well as

provisions of the Constitution of Pennsylvania, provide that the

General Assembly is empowered to regulate the time, place and

manner of elections; and

WHEREAS, This Commonwealth has traditionally only allowed

absentee voting by individuals with a statutorily defined excuse

to do so, such as a physical disability or absence from their

municipality on election day; and

WHEREAS, Before the enactment of Act 77 of 2019, for an

individual to vote absentee in this Commonwealth, the individual

must have provided a permissible reason to do so, received an

absentee ballot and returned the absentee ballot no later than

5:00 p.m. on the Friday before election day; and

WHEREAS, In addition to allocating $90 million to ensure that

Pennsylvanians could vote safely and securely on modern voting

machines, Act 77 of 2019 created a new category of mail-in

voting; and

WHEREAS, As a result of Act 77 of 2019, mail-in voters do not

have to provide a customary reason to vote by mail and are able

to return their ballots several days later than had

traditionally been allowed; and

WHEREAS, After the enactment of Act 77 of 2019, the General

Assembly continued to work diligently to fine-tune these

election reforms by enacting Act 94 of 2019, which streamlined

operations to ensure that ballot materials were suitable to

allow the ballots to be properly scanned; and

WHEREAS, As the COVID-19 pandemic upended seemingly every

facet of American life, once again, the General Assembly

provided additional election reforms in Act 12 of 2020,

including numerous accommodations, to ensure that the 2020

primary election could be conducted even amidst the COVID-19

pandemic; and

WHEREAS, In addition to other election reforms, Act 12 of

2020 moved the date of the 2020 primary election to allow more

time to flatten the curve and protect the health of

Pennsylvania's voters; and

WHEREAS, After the 2020 primary election, the General

Assembly enacted Act 35 of 2020 to require a report on the 2020

primary election, including information concerning the recent

reforms of Act 77 of 2019 and Act 12 of 2020; and

WHEREAS, More recently, the House of Representatives

developed and passed House Bill No. 2626, Printer's No. 4335,

which provides for another series of reforms to improve the

election process in this Commonwealth; and

WHEREAS, The publicly accessible Internet website of the

20200HR1032PN4432 - 2 -

Department of State of the Commonwealth explains that "[t]he

Secretary is Pennsylvania's Chief Election Official"; and

WHEREAS, The Department of State has provided guidance

documents for distribution to the county boards of elections,

including guidance that naked ballots, without the secrecy

envelope, should be counted and that absentee or mail-in ballots

could not be set aside based solely on signature analysis; and

WHEREAS, In light of longstanding Pennsylvania law and as

recognized in the majority and concurring opinions of the

Supreme Court of Pennsylvania in Pennsylvania Democratic Party

v. Boockvar, the guidance documents provided by the Department

of State include clearly erroneous information; and

WHEREAS, The guidance documents and other communications from

the Department of State have apparently resulted in confusion

among county officials; and

WHEREAS, A recent media report noted that more than a dozen

counties have experienced the loss of election directors or

deputy directors in the last year; and

WHEREAS, The same media report quoted a county election

official saying that the Department of State, "keeps changing

everything so we have to keep throwing stuff away"; and

WHEREAS, Recent actions by the Department of State call into

question whether the Commonwealth's administration of election

laws should be assigned to a different entity; and

WHEREAS, It is imperative that the General Assembly, on

behalf of the people of this Commonwealth, have access to a

comprehensive investigation and review of the regulation and

conduct of the 2020 general election, as well as events leading

up to the 2020 general election, in order to determine the need

to enact legislation before or after the 2020 general election;

20200HR1032PN4432 - 3 -

therefore be it

RESOLVED, That the House of Representatives establish the

Select Committee on Election Integrity to investigate, review

and make recommendations concerning the regulation and conduct

of the 2020 general election; and be it further

RESOLVED, That the select committee be authorized and

empowered to investigate, review and make findings and

recommendations regarding the regulation and conduct of the 2020

general election, including all of the following:

(1) Actions taken, instructions provided and information

distributed by the Department of State and the Secretary of

the Commonwealth concerning the 2020 general election.

(2) Actions taken, instructions provided and information

distributed by the county boards of elections.

(3) Best practices of other states concerning the

regulation and conduct of the 2020 general election.

(4) Legislative, regulatory or other changes to improve

the conduct of the 2020 general election or subsequent

elections;

and be it further

RESOLVED, That the select committee consist of five members

of the House of Representatives, including three members from

the majority caucus of the House of Representatives and two

members from the minority caucus of the House of

Representatives; and be it further

RESOLVED, That the Speaker of the House of Representatives

appoint the chair of the select committee from among the members

of the select committee; and be it further

RESOLVED, That the select committee hold hearings, call

witnesses, take testimony and make investigations at places as

20200HR1032PN4432 - 4 -

the select committee deems necessary within this Commonwealth;

and be it further

RESOLVED, That the chair of the select committee, on behalf

of the select committee, be authorized and empowered to do all

of the following:

(1) Send for persons and papers and subpoena witnesses,

documents and other materials under the hand and seal of the

chair.

(2) Administer oaths to witnesses.

(3) Take testimony.

(4) Prepare and file pleadings and other legal

documents.

(5) Employ staff for the use of the select committee;

and be it further

RESOLVED, That the Sergeant-at-Arms or other person

designated by the chair of the select committee serve the

process of the select committee and execute the orders of the

chair and the select committee; and be it further

RESOLVED, That the select committee be authorized to sit

during the sessions of the House of Representatives; and be it

further

RESOLVED, That the expenses of the investigation be paid by

the Chief Clerk of the House of Representatives from

appropriation accounts under the Chief Clerk's exclusive control

and jurisdiction, upon a written request approved by the Speaker

of the House of Representatives, the Majority Leader of the

House of Representatives or the Minority Leader of the House of

Representatives; and be it further

RESOLVED, That the State Government Committee of the House of

Representatives assist the select committee to the fullest

20200HR1032PN4432 - 5 -

extent possible; and be it further

RESOLVED, That, upon adoption of this resolution by the House

of Representatives, the Chief Clerk of the House of

Representatives transmit a copy of this resolution to the

Secretary of the Commonwealth and each of the county boards of

elections; and be it further

RESOLVED, That the select committee submit interim and final

reports, as necessary, of its findings with its recommendations

for appropriate legislation or other action to the members of

the House of Representatives at the earliest practicable date.

20200HR1032PN4432 - 6 -