PRINTER'S NO. 1926
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1704
Session of
2021
INTRODUCED BY DAVIDSON AND SANCHEZ, JUNE 24, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 24, 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," in preliminary provisions, further providing for
definitions; 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. Sections 102(a.1) and (q.1) and 1308(a), (d) and
(g)(1), (1.1), (2), (3) and (4) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended or added March 27, 2020 (P.L.41, No.12), are amended to
read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
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* * *
(a.1) The word "canvass" shall mean the gathering of ballots
[after the final pre-canvass meeting] and the counting,
computing and tallying of the votes reflected on the ballots.
* * *
(q.1) The word "pre-canvass" shall mean the inspection and
opening of all envelopes containing official absentee ballots or
mail-in ballots, the removal of such ballots from the envelopes
and [the counting, computing and tallying of the votes reflected
on the ballots.] the preparation of those ballots for scanning,
including unfolding, straightening and duplicating if the ballot
is damaged in some way that prevents it from being scanned but
where the voter's intent is still clear. It shall also include
scanning the ballot into a voting machine or other automatic
tabulating device, if the equipment used by the county board of
elections permits a ballot to be scanned without tabulating or
counting the votes on the ballot scanned. The term does not
include the recording or publishing of the votes reflected on
the ballots.
* * *
Section 1308. [Canvassing] Processing of Official Absentee
Ballots and Mail-in Ballots.--(a) The county boards of
election, upon receipt of official absentee ballots in sealed
official absentee ballot envelopes as provided under this
article and mail-in ballots as in sealed official mail-in ballot
envelopes as provided under Article XIII-D, shall safely keep
the ballots in sealed or locked containers until they are to be
[canvassed] processed by the county board of elections. An
absentee ballot, whether issued to a civilian, military or other
voter during the regular or emergency application period, shall
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be [canvassed] processed in accordance with subsection (g). A
mail-in ballot shall be [canvassed] processed in accordance with
subsection (g).
* * *
(d) Whenever it shall appear by due proof that any absentee
elector or mail-in elector who has returned his ballot in
accordance with the provisions of this act has died prior to the
opening of the polls on the day of the primary or election, the
ballot of such deceased elector shall be rejected by the
[canvassers] county board of election but the counting of the
ballot of an absentee elector or a mail-in elector thus deceased
shall not of itself invalidate any nomination or election.
* * *
(g) (1) (i) An absentee ballot cast by any qualified
absentee elector as defined in section 1301(a), (b), (c), (d),
(e), (f), (g) and (h) shall be canvassed in accordance with this
subsection if the ballot is cast, submitted and received in
accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
uniform military and overseas voters).
(ii) [An] Subject to the provisions of paragraph (1.1), an
absentee ballot cast by any absentee elector as defined in
section 1301(i), (j), (k), (l), (m) and (n), an absentee ballot
under section [1302(a.3)] 1302.1(a.3) or a mail-in ballot cast
by a mail-in elector shall be canvassed in accordance with this
subsection if the absentee ballot or mail-in ballot is received
in the office of the county board of elections no later than
eight o'clock P.M. on the day of the primary or election.
(1.1) The county board of elections [shall meet no earlier
than seven o'clock A.M. on election day to pre-canvass all
ballots received prior to the meeting.] may begin processing
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official absentee ballots and mail-in ballots no earlier than
seven o'clock A.M. on the fourteenth day immediately preceding
the election, during the hours of seven o'clock A.M. to seven
o'clock P.M. each day, including holidays and weekends, if the
number of absentee ballots and mail-in ballots sent by the
county to registered voters indicates that extra time will be
needed to ensure that all ballots can be processed, counted and
tallied prior to eleven o'clock P.M. on the day of the election.
A county board of elections shall provide at least forty-eight
hours' notice of [a pre-canvass meeting] the first day that pre-
election day ballot processing will begin by publicly posting a
notice [of a pre-canvass meeting] of the dates and times
processing will occur 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] processed. No person
observing, attending or participating [in a pre-canvass meeting]
any ballot processing activities may disclose the results of any
portion of any [pre-canvass meeting] ballot processing prior to
the close of the polls[.] on election day. A person who makes an
unauthorized disclosure under this paragraph shall be guilty of
a misdemeanor of the first degree.
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election and no later than
the third day following the election to begin canvassing
absentee ballots and mail-in ballots not [included in the pre-
canvass meeting] processed under paragraph (1). The meeting
under this paragraph shall continue until all absentee ballots
and mail-in ballots received prior to the close of the polls
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have been canvassed. The county board of elections shall not
record or publish any votes reflected on the ballots prior to
the close of the polls. The canvass process shall continue
through the eighth day following the election for valid
military-overseas ballots timely received under 25 Pa.C.S. ยง
3511 (relating to receipt of voted ballot). A county board of
elections shall provide at least forty-eight hours' notice of a
canvass meeting by publicly posting a notice 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 canvassed.
(3) When the county board meets to [pre-canvass] process or
canvass absentee ballots and mail-in ballots under paragraphs
(1), (1.1) and (2), the board shall examine the declaration on
the envelope of each ballot not set aside under subsection (d)
and shall compare the information thereon with that contained in
the "Registered Absentee and Mail-in Voters File," the absentee
voters' list and/or the "Military Veterans and Emergency
Civilians Absentee Voters File," whichever is applicable. If the
county board has verified the proof of identification as
required under this act and is satisfied that the declaration is
sufficient and the information contained in the "Registered
Absentee and Mail-in Voters File," the absentee voters' list
and/or the "Military Veterans and Emergency Civilians Absentee
Voters File" verifies his right to vote, the county board shall
provide a list of the names of electors whose absentee ballots
or mail-in ballots are to be [pre-canvassed] processed or
canvassed.
(4) All absentee ballots which have not been challenged
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under section 1302.2(c) and all mail-in ballots which have not
been challenged under section 1302.2-D(a)(2) and that have been
verified under paragraph (3) shall be counted and included with
the returns of the applicable election district as follows:
(i) The county board shall open the envelope of every
unchallenged absentee elector and mail-in elector in such manner
as not to destroy the declaration executed thereon.
(ii) If any of the envelopes on which are printed, stamped
or endorsed the words "Official Election Ballot" contain any
text, mark or symbol which reveals the identity of the elector,
the elector's political affiliation or the elector's candidate
preference, the envelopes and the ballots contained therein
shall be set aside and declared void.
(iii) [The] The following apply:
(A) In the case of absentee ballots and mail-in ballots
processed during the time allotted in paragraph (1.1), after the
ballots have been processed, they shall be locked and sealed in
tamper-proof containers and secured in a locked secure location
at the county board of election's physical location and
otherwise retained subject to the provisions of this act
regarding retention and safekeeping of canvassed ballots in
general.
(B) In the case of absentee ballots and mail-in ballots not
processed under paragraph (1.1), the county board shall then
break the seals of such envelopes, remove the ballots and count,
compute and tally the votes.
(iv) Following the close of the polls, the county board
shall record and publish the votes reflected on the ballots.
* * *
Section 2. This act shall take effect immediately.
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