PRINTER'S NO. 1258
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1197
Session of
2021
INTRODUCED BY RYAN, STAMBAUGH, KAUFFMAN, IRVIN, METCALFE, HAMM,
GLEIM, COX, GREINER, MOUL, ZIMMERMAN, KEEFER, WHEELAND,
MILLARD, SAYLOR, E. NELSON, ARMANINI AND GILLEN,
APRIL 16, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 16, 2021
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in conduct of elections, providing for audit of
elections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 25 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 37
AUDIT OF ELECTIONS
Sec.
3701. Definitions.
3702. Authorization.
3703. Method of audit.
3704. Timing of audit.
3705. Review of general election results.
3706. Penalties.
§ 3701. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Audit." The official inspection and review of the returns
of an election in accordance with this chapter.
"Department." The Department of State of the Commonwealth.
"Election." A general election, municipal election, primary
election or special election.
"General election." The election that the Constitution of
Pennsylvania requires to be held in even-numbered years.
"Municipal election." The election that the Constitution of
Pennsylvania requires to be held in odd-numbered years.
"Primary election." An election held for the purpose of
nominating candidates for public offices to be voted for at a
general election or municipal election.
"Special election." An election authorized by law, other
than a general election, municipal election or primary election.
§ 3702. Authorization.
Notwithstanding any other provision of law, the department
shall conduct an audit of the results of each election to ensure
the integrity of the electoral process in this Commonwealth.
§ 3703. Method of audit.
An audit shall compare the returns of an election in a county
with the information contained in the SURE system. The audit
shall:
(1) At a minimum involve a review of the first name,
last name and date of birth of each elector who casts a
ballot in the election.
(2) Determine whether other identifiers or signatures
are necessary to determine whether any discrepancy or
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irregularity, including the casting of more than one ballot
by an elector or the casting of a ballot by an unqualified
elector, exists between the returns of the election and the
information contained in the SURE system.
(3) Reconcile the ballot of each elector who casts a
ballot in the election with the historical data and other
information contained in the SURE system.
§ 3704. Timing of audit.
Not later than 90 days after an election, the department
shall conclude an audit of the election and refer any
discrepancy or irregularity to the Attorney General for further
investigation and possible prosecution.
§ 3705. Review of general election results.
(a) Verification with neighboring states.--Not later than
180 days after a general election, the department shall verify
with the neighboring states of this Commonwealth whether any
discrepancy or irregularity, including the casting of a ballot
in more than one state by an elector, exists regarding the
casting of ballots in the general election. The verification
shall include a review of, at a minimum, the first name, last
name and date of birth of each elector who casts a ballot in the
general election.
(b) Report.--Not later than 30 days after the verification
under subsection (a), the department shall report the findings
of the verification to the General Assembly, along with any
recommendations to eliminate or reduce the election fraud
demonstrated by the verification.
§ 3706. Penalties.
In addition to any other penalty prescribed by law, if an
individual casts a ballot in more than one state during the same
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general election, the individual shall be guilty of a felony of
the third degree and, upon conviction thereof, shall be
sentenced:
(1) To pay a fine of not more than $30,000 plus the
costs of investigation and prosecution of the offense.
(2) To undergo imprisonment of not more than seven
years.
(3) To both penalties under paragraphs (1) and (2), in
the discretion of the court.
Section 2. This act shall apply to an election that occurs
on or after the effective date of this act.
Section 3. This act shall take effect in 60 days.
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