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PRINTER'S NO. 338
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
366
Session of
2021
INTRODUCED BY KENYATTA, KOSIEROWSKI, FREEMAN, HANBIDGE,
SCHLOSSBERG, KINSEY, HOWARD, DALEY, SANCHEZ, SHUSTERMAN,
GALLOWAY, HILL-EVANS, D. WILLIAMS, CIRESI, CONKLIN, SIMS,
NEILSON, O'MARA, ISAACSON, WEBSTER, McCLINTON, WARREN, STURLA
AND LEE, FEBRUARY 3, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 2021
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," providing for early in-person voting in
elections; and, in voting by qualified absentee electors,
further providing for canvassing of official absentee ballots
and mail-in ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding an
article to read:
ARTICLE XII-A
EARLY IN-PERSON VOTING IN ELECTIONS
Section 1201-A. Period for early in-person voting.
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Notwithstanding any other provision of this act, a county
board shall provide for early in-person voting, which shall
begin 30 days prior to the date of each election established
under Article VI. The early in-person voting period shall
continue through the end of the day before the date of the
election established under Article VI.
Section 1202-A. Polling places for early in-person voting.
(a) Designation.--A county board shall designate polling
places for early in-person voting where electors may cast
ballots during the early in-person voting period established
under section 1201-A. The polling places may include the main
office of the county board and any other site designated by the
county board.
(b) Equipment and staff.--At each polling place designated
for early in-person voting, a county board shall:
(1) Make available the same equipment under Article XI
as would be used on the day of the election.
(2) Provide the same level of staff as would be provided
on the day of the election.
(c) Number.--During each election:
(1) A county board in a county with a population of
500,000 or more shall establish at least four permanent
polling places for early in-person voting.
(2) A county board in a county with a population of
250,000 or more but less than 500,000 shall establish at
least three permanent polling places for early in-person
voting.
(3) A county board in a county with a population of
100,000 or more but less than 250,000 shall establish at
least two permanent polling places for early in-person
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voting.
(4) A county board in a county with a population of less
than 100,000 shall establish at least one permanent polling
place for early in-person voting.
(d) Location.--
(1) The polling places designated for early in-person
voting shall be geographically located to provide electors in
the election district an equal opportunity to cast a ballot.
(2) A polling place designated for early in-person
voting within a county shall not be located within two miles
of another polling place designated for early in-person
voting within the county unless the polling place is within a
county with a population of 500,000 or more.
(e) Population figures.--All population figures enumerated
in this section shall be determined by the most recent Federal
decennial census.
Section 1203-A. Days and times for early in-person voting.
A county board shall designate the days and hours that
polling places designated for early in-person voting shall be
open. The polling places shall:
(1) Have uniform days and hours.
(2) Be open eight hours each weekday.
(3) Be open a minimum of an aggregate eight hours each
weekend.
(4) Not open prior to 7:00 a.m., Eastern Standard Time.
(5) Not close prior to 7:00 p.m., Eastern Standard Time.
Section 1204-A. Notice of early in-person voting.
During the week immediately preceding the commencement of
early in-person voting, a county board shall give notice of
early in-person voting by newspaper publication in the county in
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accordance with the provisions of section 106. The following
apply:
(1) The notice shall be published twice in counties of
the first class and once in all other counties.
(2) The county board shall post the notice on the county
board's publicly accessible Internet website.
(3) The notice shall be made available at the main
office of the county board.
Section 1205-A. Notice to Secretary of the Commonwealth.
At least 10 days before the commencement of early in-person
voting, each county board shall provide the Secretary of the
Commonwealth with a list of all polling places designated for
early in-person voting and the hours that each polling place
will be open for early in-person voting.
Section 1206-A. Voter's certificate.
As provided under section 1203, a county board shall prepare
a suitable number of voter's certificates at each polling place
designated for early in-person voting.
Section 1207-A. Proof of identification.
An elector who appears to vote at a polling place designated
for early in-person voting shall complete a voter's certificate
and shall present to an election officer proof of identification
as provided under section 1210.
Section 1208-A. Voting check list.
A county board shall maintain a voting check list as provided
under section 1212 in a manner to ensure that each elector is
prohibited from casting an additional ballot at a polling place
designated for early in-person voting or on the day of an
election at the elector's precinct.
Section 1209-A. Disposition of returns.
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A county board shall track votes by precinct but may not
tabulate votes prior to the close of the polls on election day.
Section 2. Section 1308(g)(1.1) of the act, added March 27,
2020 (P.L.41, No.12), is amended to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) * * *
(1.1) The county board of elections shall meet no earlier
than [seven o'clock A.M. on] fourteen (14) days before election
day to pre-canvass all ballots received prior to the meeting. A
county board of elections shall provide at least forty-eight
hours' notice of a pre-canvass meeting by publicly posting a
notice of a pre-canvass meeting on its publicly accessible
Internet website. One authorized representative of each
candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are pre-
canvassed. No person observing, attending or participating in a
pre-canvass meeting may disclose the results of any portion of
any pre-canvass meeting prior to the close of the polls.
* * *
Section 3. This act shall take effect in 60 days.
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