PRINTER'S NO. 435
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
416
Session of
2019
INTRODUCED BY KILLION, FOLMER, SCHWANK, ARGALL, SANTARSIERO,
COSTA, DiSANTO, K. WARD, YUDICHAK, BROWNE AND BREWSTER,
MARCH 19, 2019
REFERRED TO STATE GOVERNMENT, MARCH 19, 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 election districts and polling places, further
providing for creation of new election districts by court and
providing for vote centers; and, in preparation for and
conduct of primaries and elections, providing for
definitions, further providing for assistance in voting and
providing for inability to enter polling place, for ballot
marking and for unlawful assistance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended to
read:
Section 502. Court to Create New Election Districts.--
Subject to the provisions of section 501 of this act and except
as provided under section 529.2 of this act, the court of common
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pleas of the county in which the same are located, may form or
create new election districts by dividing or redividing any
borough, township, ward or election district into two or more
election districts of compact and contiguous territory, having
boundaries with clearly visible physical features conforming
with census block lines from the most recently completed Federal
decennial census and wholly contained within any larger district
from which any Federal, State, county, municipal or school
district officers are elected, or alter the bounds of any
election district, or form an election district out of two or
more adjacent districts or parts of districts, or consolidate
adjoining election districts or form an election district out of
two or more adjacent wards, so as to suit the convenience of the
electors and to promote the public interests. Except for good
cause shown, election districts so formed shall not contain more
than one thousand two hundred (1,200) registered electors. No
election district shall be formed that shall contain less than
one hundred (100) registered electors. When a school district
crosses county lines, the regions of the school district shall
be composed of contiguous election districts.
Section 2. The act is amended by adding sections to read:
Section 529.2. Vote Centers.--(a) A county board of
elections may establish one or more vote centers in a county for
the purpose of providing qualified voters with convenient
polling places.
(b) A county board of elections shall hold at least one
public hearing with qualified voters at least one year prior to
the establishment of a vote center. A county board of elections
shall provide qualified voters with a list of possible locations
for each proposed vote center.
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(c) Each proposed location for a vote center shall do all of
the following:
(1) Be conveniently situated as an alternative to existing
polling places.
(2) Create minimal inconvenience for:
(i) minorities;
(ii) disabled individuals; or
(iii) indigent individuals.
(3) Be open for primary and general election day voting.
(4) Have adequate space to accommodate qualified voters to
minimize waiting times.
(5) Have adequate cyber security.
(6) Have sufficient facility security, public accessibility
and parking.
(d) If a county election board has chosen a proposed
location as a vote center, the county election board shall hold
a second public hearing with qualified voters at least six
months prior to a primary election to educate qualified voters
about the vote center and changes made to previous locations of
polling places. Instructions to qualified voters shall include:
(1) How qualified voters may cast ballots at the vote center
notwithstanding if the vote center is located outside the
boundaries of the voter's established precinct.
(2) Procedures that will be used to allow qualified voters
from one or more precincts to cast ballots at the same vote
center.
(e) The county board of elections shall do all of the
following:
(1) Provide notice of the location of each vote center.
(2) Ensure that each vote cast by a qualified elector at a
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vote center complies with this act.
Section 1200. Definitions.--As used in this article:
"Assisting a voter" means any of the following by a person
other than the voter that occurs while the person is in the
presence of the voter's ballot:
(1) Reading the ballot to the voter.
(2) Directing the voter to read the ballot.
(3) Marking the voter's ballot.
(4) Directing the voter to mark the ballot.
Section 3. Section 1218(b) of the act is amended to read:
Section 1218. Assistance in Voting.--
* * *
(b) Any elector who is entitled to receive assistance in
voting under the provisions of this section shall be permitted
by the judge of election to select a person of the elector's
choice to enter the voting compartment or voting machine booth
with him to assist him in voting, such assistance to be rendered
inside the voting compartment or voting machine booth except as
otherwise provided under subsection (c) and except that the
judge of election, the elector's employer or an agent of the
employer or an officer or agent of the elector's union shall not
be eligible to assist the elector.
* * *
Section 4. The act is amended by adding sections to read:
Section 1218.1. Inability to Enter Polling Place.--(a) If a
voter is physically unable to enter the polling place without
personal assistance or without likelihood of injuring the voter,
on the voter's request, an election officer shall deliver a
ballot to the voter at the polling place entrance or curb.
(b) After the voter is accepted for voting, the voter shall
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mark the ballot and give the ballot to the election officer, who
shall record the ballot.
(c) Upon the voter's request, a person accompanying the
voter may select the voter's ballot and have the ballot
recorded.
Section 1218.2. Ballot Marking.--(a) A voter may receive
assistance in marking a ballot if the voter cannot prepare the
ballot because of:
(1) a physical disability that renders the voter unable to
write or see; or
(2) an inability to read the language in which the ballot is
written.
(b) Except as provided under subsection (c), up to two
election officers shall provide assistance. If a voter is
assisted under this subsection:
(1) In the general election for State and county officers,
each election officer must be aligned with a different political
party unless there are not two or more election officers serving
the polling place who are aligned with different parties.
(2) One of the election officers shall read the entire
ballot to the voter or, if the voter tells the election officer
that the voter desires to vote only on certain offices or
measures, the election officer shall read the items on the
ballot specified by the voter.
(c) A voter may request assistance from a person selected by
the voter other than the voter's employer, an agent of the
voter's employer or an officer or agent of a labor union to
which the voter belongs. If a voter is assisted under this
subsection:
(1) An election officer shall enter the person's name and
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address on the poll list beside the voter's name.
(2) An election officer shall ask the voter being assisted
whether the voter wants the entire ballot read to the voter. If
the voter wants the entire ballot read, the officer shall
instruct the person assisting the voter to read the entire
ballot to the voter.
Section 1218.3. Unlawful Assistance.--(a) A person may not
knowingly:
(1) provide assistance to a voter who is not eligible for
assistance;
(2) prepare, while assisting a voter, the voter's ballot in
a way other than as directed by the voter or without direction
from the voter;
(3) suggest, while assisting a voter, by word, sign or
gesture how the voter should vote; or
(4) provide assistance to a voter who has not requested
assistance or select a person to assist the voter.
(b) An election officer may not knowingly permit a person to
provide assistance to a voter who is not eligible for
assistance.
(c) If assistance is provided to a voter in violation of
this section, the voter's ballot may not be counted.
Section 5. The following shall apply:
(1) In order to facilitate the prompt implementation of
section 529.2 of the act, the Department of State shall
promulgate temporary regulations that shall expire not later
than two years following the publication of the temporary
regulations. The temporary regulations shall not be subject
to:
(i) Sections 201, 202, 203, 204 and 205 of the act
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of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(2) The department's authority to adopt temporary
regulations under paragraph (1) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
(3) The department shall transmit temporary regulations
to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin no later than 180 days after the
effective date of this section.
Section 6. This act shall take effect in 90 days.
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