PRINTER'S NO. 1594

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1477

Session of

2021

INTRODUCED BY RYAN, STAMBAUGH, KAUFFMAN, METCALFE, HAMM, GLEIM,

COX, GREINER, MOUL, KEEFER, ZIMMERMAN, WHEELAND, MILLARD,

SAYLOR, WARNER, ARMANINI, GILLEN AND B. MILLER, MAY 21, 2021

hereby enacts as follows:

Section 1. Title 25 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

3801. Definitions.

3802. Authorization.

3803. Standards for automated and independent audit system.

3804. Notice.

context clearly indicates otherwise:

"Audit." The official inspection and review of the returns

of an election in accordance with this chapter.

" County." A county of this Commonwealth. The term includes a

county within which is located a city of the first class or with

which a city of the first class is coextensive.

"County election board." The board of elections of a county.

"Department." The Department of State of the Commonwealth.

"Election." A general election, municipal election, primary

election or special election.

general election or municipal election.

"Special election." An election authorized by law, other

than a general election, municipal election or primary election.

§ 3802. Authorization.

Notwithstanding any other provision of law, prior to the

certification of the results of an election, a county election

board shall conduct a manual audit or an automated and

independent audit of the voting systems used in randomly

selected precincts. The following apply:

(1) The manual audit shall consist of a public manual

provisional ballots, in at least 1% but no more than 2%

of the precincts chosen at random by the county election

board.

(ii) If 1% of the precincts is less than one entire

precinct, the audit shall be conducted using at least one

precinct chosen at random by the county election board.

(iii) The precincts shall be selected at a publicly

noticed meeting of the county election board.

(2) The automated audit shall consist of a public

automated tally of the votes cast across every race that

noticed meeting of the county election board.

§ 3803. Standards for automated and independent audit system.

The department shall adopt rules for approval of an

automated, independent audit system that provide that the

system, at a minimum, must be:

(1) Completely independent of the primary voting system.

(2) Fast enough to produce final audit results within

the prescribed time frame.

(3) Capable of demonstrating that the ballots of record

have been accurately adjudicated by the audit system.

(b) Contents.--The notice shall include the date, time and

place of the audit under this chapter.

§ 3805. Purpose.

(a) Compatible results.--An audit under this chapter shall

determine whether the number of electors casting election day

ballots, absentee ballots, mail-in ballots and provisional

ballots is compatible with the total number of electors

registered to vote in the county precincts.

(b) Certification.--A county election board may not certify

the results of an election unless the county election board can

an audit under this chapter.

(2) Information contained in the SURE system immediately

prior to an election shall be archived for the purpose of any

audit of the results of the election, which is performed to

ensure the integrity of the electoral process in this

Commonwealth.

§ 3806. Reports.

(a) Submittal.--Within 15 days after completion of the audit

under this chapter, the county election board shall provide a

report with the results of the audit to the department in a

(2) A description of any problems or discrepancies

encountered.

(3) The likely cause of any problems or discrepancies.

(4) Recommended corrective action with respect to

avoiding or mitigating any problems or discrepancies in

future elections.

§ 3807. Applicability.

An audit under this chapter of the results of an election

shall not be necessary if a manual recount of the results of the

election is undertaken in accordance with law.