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PRINTER'S NO. 2125
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1800
Session of
2021
INTRODUCED BY GROVE, RYAN, STAMBAUGH, FEE, SCHMITT, PICKETT,
R. MACKENZIE, HICKERNELL, BERNSTINE, STAATS, WHEELAND, HELM,
ROTHMAN, M. MACKENZIE, MILLARD, COOK, SCHLEGEL CULVER,
JOZWIAK, PENNYCUICK, COX, GLEIM, SMITH, MOUL, SAYLOR, RADER,
KERWIN, MENTZER, JAMES, FRITZ, OWLETT, STRUZZI AND ROWE,
SEPTEMBER 20, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 20, 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," as follows:
in preliminary provisions, further providing for definitions,
providing for legislative authority over elections,
establishing the Bureau of Election Audits and providing for
special standing in challenges to the Election Code;
in the Secretary of the Commonwealth, further providing for
powers and duties of the Secretary of the Commonwealth and
providing for reports on implementation of elections;
in county boards of elections, further providing for powers and
duties of county boards and providing for county boards of
elections and satellite offices;
in district election officers, further providing for district
election boards and election, for qualifications of election
officers, for tie votes for judge and inspector, for clerks
of election and machine inspectors, for vacancies in election
boards, appointment, judge and majority inspector to be
members of majority party and minority inspector to be member
of minority party, for election officers to be sworn, for
oath of judge of election, for oaths of inspectors of
election, for oaths of clerks of election, for oath of
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machine inspectors, for power of election officers to
administer oaths, for compensation of district election
officers and for appointment of watchers;
in election districts and polling places, further providing for
polling places to be selected by county board, for public
buildings to be used where possible and portable polling
places and for temporary polling places;
providing for registration of electors;
in ballots, further providing for form of official election
ballot and for number of ballots to be printed and specimen
ballots;
in voting machines, further providing for examination and
approval of voting machines by the Secretary of the
Commonwealth, for requirements of voting machines, for
preparation of voting machines by county election boards and
for delivery of voting machines and supplies by county
election boards to election officers;
in electronic voting systems, further providing for experimental
use of electronic voting systems and for statistical sample
and providing for requirements of accessible voting machines
and for voting system defects, disclosure, investigation and
penalties;
repealing provisions relating to voting apparatus bonds and
providing for election equipment funding;
in preparation for and conduct of primaries and elections,
providing for voter's bill of rights, for senior voter's bill
of rights and for disabled voter's bill of rights and further
providing for delivery of ballots and supplies to judges of
election, for time for opening and closing polls, for opening
of polls, posting cards of instruction and notices of
penalties and voters' rights and examination of voting
machines, for manner of applying to vote, persons entitled to
vote, voter's certificates, entries to be made in district
register, numbered lists of voters and challenges, for
assistance in voting and for deadline for receipt of valid
voter registration application;
in voting by qualified absentee electors, further providing for
applications for official absentee ballots, for date of
application for absentee ballot, for delivering or mailing
ballots and for voting by absentee electors, providing for
supervised voting by qualified absentee electors in certain
facilities and further providing for canvassing of official
absentee ballots and mail-in ballots;
in voting by qualified mail-in electors, further providing for
applications for official mail-in ballots, for date of
application for mail-in ballot, for delivering or mailing
ballots and for voting by mail-in electors;
in Pennsylvania Election Law Advisory Board, further providing
for Pennsylvania Election Law Advisory Board;
providing for early voting by qualified electors;
in returns of primaries and elections, further providing for
returns to be open to public inspection and exceptions and
for computation of returns by county board, certification and
issuance of certificates of election;
in recounts and contest, providing for powers and duties of the
Attorney General relating to elections and for powers and
duties of district attorneys relating to elections;
in penalties, further providing for disobeying lawful
instructions, for perjury, for false affidavits of
candidates, for refusal to permit inspection of papers,
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destruction or removal and Secretary of the Commonwealth, for
refusal to permit inspection of papers, destruction or
removal and county boards of elections, for insertion and
alteration of entries in documents, removal and refusal to
deliver, for refusal to permit overseers, watchers, attorneys
or candidates to act, for driving away watchers, attorneys,
candidates or overseers, for refusal to permit election
officers, clerks and machine inspectors to act and driving
away said persons, for refusal to administer oath and acting
without being sworn, for violation of oath of office by
election officers, for peace officers, failure to render
assistance and hindering or delaying county board members and
others, for nomination petitions and papers and offenses by
signers, for false signatures and statements in nomination
petitions and papers, for nomination petitions, certificates
and papers, destruction, fraudulent filing and suppression,
for offenses by printers of ballots, for unlawful possession
of ballots and counterfeiting ballots, for forging and
destroying ballots, for tampering with voting machines, for
destroying, defacing or removing notices, et cetera, for
police officers at polling places, for peace officer, failure
to quell disturbances at polls and hindering or delaying
election officers and others, for election officers
permitting unregistered electors to vote, challenges and
refusing to permit qualified electors to vote, for election
officers refusing to permit elector to vote in proper party
at primaries, for frauds by election officers, for prying
into ballots, for interference with primaries and elections,
frauds and conspiracy, for persons interfering in other
districts, for assault and battery at polls, for unlawful
assistance in voting, for election officers permitting
unlawful assistance, for failure to keep and return record of
assisted voters, for unlawful voting, for elector voting
ballot of wrong party at primary, for repeat voting at
elections, for removing ballots, for commissioners to take
soldiers' votes, for fraudulent voting by soldiers, for
bribery at elections, for receipts and disbursements of
primary and election expenses by persons other than
candidates and treasurers, for receipts of primary and
election expenses by unauthorized persons, for contributions
by corporations or unincorporated associations, for failure
to file expense account, for prohibiting duress and
intimidation of voters and interference with the free
exercise of the elective franchise, for failure to perform
duty, for hindering or delaying performance of duty, for
violation of any provision of act and for violations of
provisions relating to absentee and mail-in ballots and
providing for unlawful collection of ballots and for
prohibiting duress and intimidation of elections officials;
providing for reimbursements and withholding; and making an
appropriation and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(e), (n), (p), (r), (s), (t), (z-1),
(z.4) and (z.5) of the act of June 3, 1937 (P.L.1333, No.320),
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known as the Pennsylvania Election Code, are amended and the
section is amended by adding subsections 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:
* * *
(e) [The] Except as provided in section 700-A, the words
"district register" shall mean the [cards] electronic poll book
containing all or any part of the registry list of qualified
electors of the same election district, as prepared by the
registration commissions.
* * *
(n) [The] Except as provided in section 700-A, the word
"party" shall mean a political party, as defined in section 801
of this act.
* * *
(p) [The] Except as provided in section 700-A, the words
"political body" shall mean an independent body of electors, as
defined in section 801 of this act.
* * *
(r) [The] Except as provided in section 700-A, the words
"primary" or "primary election" shall mean any election held for
the purpose of electing party officers and nominating candidates
for public offices to be voted for at an election.
* * *
(s) [The] Except as provided in section 700-A, the words
"public office" shall include every public office to which
persons can be elected by a vote of the electors under the laws
of this State.
(t) [The] Except as provided in section 700-A, the words
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"qualified elector" shall mean any person who shall possess all
of the qualifications for voting now or hereafter prescribed by
the Constitution of this Commonwealth, or who, being otherwise
qualified by continued residence in his election district, shall
obtain such qualifications before the next ensuing election.
* * *
(z-1) [The] Except as provided in section 700-A, the words
"in military service" shall mean the uniformed services as
defined in section 102 of the Career Compensation Act of 1949
(63 Stat. 804 U.S. Code, Title 37, Par. 231).
* * *
(z.4) [The] Except as provided in section 700-A, the word
"municipality" shall mean a city, borough, incorporated town,
township or any similar general purpose unit of government which
may be created by the General Assembly.
(z.5) The words "proof of identification" shall mean:
[(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
a valid-without-photo identification card issued by the
Department of Transportation.
(2) For an elector who appears to vote under section 1210, a
document that:
(i) shows the name of the individual to whom the document
was issued and the name substantially conforms to the name of
the individual as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date and is not expired,
except:
(A) for a document issued by the Department of
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Transportation which is not more than twelve (12) months past
the expiration date; or
(B) in the case of a document from an agency of the Armed
forces of the United States or their reserve components,
including the Pennsylvania National Guard, establishing that the
elector is a current member of or a veteran of the United States
Armed Forces or National Guard which does not designate a
specific date on which the document expires, but includes a
designation that the expiration date is indefinite; and
(iv) was issued by one of the following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employee of
that municipality.
(D) An accredited Pennsylvania public or private institution
of higher learning.
(E) A Pennsylvania care facility.
(3) For a qualified absentee elector under section 1301 or a
qualified mail-in elector under section 1301-D:
(i) in the case of an elector who has been issued a current
and valid driver's license, the elector's driver's license
number;
(ii) in the case of an elector who has not been issued a
current and valid driver's license, the last four digits of the
elector's Social Security number;
(iii) in the case of an elector who has a religious
objection to being photographed, a copy of a document that
satisfies paragraph (1); or
(iv) in the case of an elector who has not been issued a
current and valid driver's license or Social Security number, a
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copy of a document that satisfies paragraph (2).]
(1) In the case of any elector, at least one of the
following:
(i) the elector's driver's license;
(ii) in the case of an elector who has a religious objection
to being photographed, a copy of a valid-without-photo driver's
license or a valid-without-photo identification card issued by
the Department of Transportation;
(iii) the elector's voter registration card with scannable
identification number and a copy of the elector's signature, as
issued by a county under section 302;
(iv) a document from an agency of the armed forces of the
United States or their reserve components, including the
Pennsylvania National Guard, establishing that the elector is a
current member of or a veteran of the United States Armed Forces
or National Guard which does not designate a specific date on
which the document expires, but includes a designation that that
expiration date is indefinite;
(v) a document issued by the secretary under section 201(n);
(vi) an affidavit provided to an elector by elections
officers, on which the elector shall affirm his or her identity,
including his or her signature and the last four digits of his
or her Social Security number. The affidavit shall include
disclosure of the penalties under section 1802; or
(vii) a document that shows the name and photograph of the
individual to whom the document was issued, includes an
expiration date and is not expired and is issued by one of the
following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
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(C) A municipality of this Commonwealth to an employe of
that municipality.
(D) An accredited public or private institution of higher
learning located in this Commonwealth.
(E) A care facility located in this Commonwealth.
(2) (Reserved).
* * *
(z.7) The words "ballot comparison risk-limiting audit"
shall mean a statistical audit that compares the interpretation
of individual ballots according to the voting system to a human
interpretation of the same individual ballots.
(z.8) The words "risk limit" shall mean the maximum chance
that an audit will not progress to a full hand recount if the
voting system record is incorrect.
(z.9) The words "ballot-polling risk-limiting audit" shall
mean a statistical audit that selects ballots at random and
interprets the ballots by hand until there is strong evidence
that the recorded outcome in an election is correct, or until
all the votes have been counted by hand.
(z.10) The words "care facility" shall mean any of the
following:
(1) A long-term care nursing facility as defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the
"Health Care Facilities Act."
(2) An assisted living residence or a personal care home as
defined in section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the "Human Services Code."
Section 2. The act is amended by adding sections to read:
Section 107. Legislative Authority Over Elections.--Article
I, section 5 of the Constitution of the United States and
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Article VII of the Constitution of Pennsylvania vest authority
for prescribing election law in the General Assembly.
Section 108. Bureau of Election Audits.--(a) The Bureau of
Election Audits is established in the Department of the Auditor
General. The Bureau of Election Audits shall have subpoena power
to request from the department or a county any documents,
records, papers, data, ballots, election materials or testimony
necessary for the efficient completion of the audits required
under this section.
(b) The Auditor General shall conduct independent election
audits in accordance with generally accepted governmental audit
standards (GAGAS) and appropriate Service Organization Control
standards and shall ensure that the audit methodology will
verify the accuracy of the election and the accuracy of
election equipment used.
(c) For audits that occur during an election year in which
the Auditor General stands for election , the Auditor General
shall appoint an independent special auditor who shall be a
licensed certified public accountant and shall have experience
in completing election audits to oversee the operation of the
Bureau of Election Audits.
(d) The Bureau of Election Audits shall ensure continuous
improvement of the election audits required under this section
to ensure the accuracy of election results and compliance with
Federal and State laws.
(e) The duties of the Bureau of Election Audits shall
include:
(1) Except if a full manual recount of an election is
undertaken or an election is uncontested, to conduct result-
confirming audits of each election in this Commonwealth,
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completed by the third Friday following the election. The audits
shall include:
(i) A statistically sound, ballot-comparison or ballot-
polling, risk-limiting audit of ballots for each election, as
provided under section 1117-A.
(ii) An audit of election machine logs.
(iii) An audit of the returned absentee and mail-in ballots
in each county, including a comparison of retained envelopes on
which the executed declarations appear, for mail-in and absentee
ballots, secrecy envelopes and the total number of absentee and
mail-in ballots canvassed.
(iv) An audit comparing each canvassed and retained paper
ballot in each county with the number of votes recorded.
(v) An audit of the pre-election testing of election
equipment conducted by each county.
(vi) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the outcome of each
election.
(2) To conduct performance audits of the operations of
elections systems and processes at least once every five years.
The audits shall include:
(i) An audit of each county election office in the
Commonwealth.
(ii) An audit of the Department of State's election
equipment certification process.
(iii) An audit of the Statewide Uniform Registry of Electors
(SURE) system, including an audit of the accuracy of the list of
registered electors.
(iv) An audit of the Department of State's administration of
elections.
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(v) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the election
administration in this Commonwealth.
(3) To publicly post audit methodologies for each of the
audits required under this section, including on the Auditor
General's publicly accessible Internet website and the
Department of State's publicly accessible Internet website.
(4) To publicly post the results of each audit required
under this section, including on the Auditor General's publicly
accessible Internet website, the Department of State's publicly
accessible Internet website and each county's publicly
accessible Internet website.
(5) To monitor corrective action plans developed by entities
audited under this section, ensuring that the corrective action
plan addresses deficiencies identified by an audit and that the
plan is successfully executed to remediate deficiencies.
(6) If a full manual recount of an election is undertaken,
the Bureau of Election audits shall not be required to perform
the audit required under paragraph (1)(i).
(f) The duties of the county board of elections shall
include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of audits required under subsection (d).
(2) Cooperating with the Bureau of Election Audits to post
the results of audits conducted in that county as required under
subsection (e)(4).
(3) Holding a public meeting between the third Saturday
after an election and the fourth Thursday after an election, at
which the board shall make publicly available to the residents
of the county the results of audits conducted under subsection
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(d).
(4) Submitting to the Department of State, along with the
certified results of the election, a report with the results of
the audits conducted under subsection (e)(3). The report shall
include the following:
(i) The overall accuracy of election results as confirmed by
the audits under subsection (e)(3).
(ii) A description of any problem or discrepancies
encountered in the administration of the election.
(iii) The identified causes of any problems or
discrepancies.
(4.1) Submitting to the Department of State, within ninety
(90) days after any election, recommended corrective actions
with respect to avoiding or mitigating any problems or
discrepancies in future elections.
(5) Developing a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
(g) The duties of the Department of State shall include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of each audit required under subsection (e).
(2) Cooperating with the Bureau of Election Audits to post
the methodologies and results of audits conducted in this
Commonwealth as required under subsection (e)(3) and (4).
(3) To develop a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
Section 109. Special Standing in Challenges to the Election
Code.--(a) In a judicial proceeding in which all or part of
this act is alleged to be unconstitutional, either or both
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chambers of the General Assembly, subject to subsection (b),
shall have special standing to intervene as a party in the
action and to defend the act.
(b) The following shall apply:
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Subcommittee on Management Operation as provided under
section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law.
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require a
majority vote by the House of Representatives.
(c) Intervention by either or both chambers of the General
Assembly under this section shall not constitute a waiver of
sovereign immunity, legislative privilege or other privilege or
immunity.
(d) This section shall not make either or both chambers of
the General Assembly a necessary or indispensable party to an
action. A party to an action may not name either or both
chambers of the General Assembly as a party or move to join
either or both chambers of the General Assembly as a party based
on this section.
(e) Nothing in this section shall be construed to limit the
standing of either or both chambers or an individual member of
the General Assembly in a judicial proceeding in which the
subject matter relates to specific powers unique to a
legislator's functions under the Constitution of Pennsylvania
being diminished or impaired.
Section 3. Section 201 of the act is amended to read:
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Section 201. Powers and Duties of the Secretary of the
Commonwealth.--The Secretary of the Commonwealth shall exercise
in the manner provided by this act all powers granted to him by
this act, and shall perform all the duties imposed upon him by
this act, which shall include the following:
(a) To determine, in accordance with the provisions of this
act, the forms of nomination petitions and papers, expense
accounts and all other forms and records, the form of which he
is required to determine under the provisions of this act.
(b) To examine and reexamine voting machines, and to approve
or disapprove them for use in this State, in accordance with the
provisions of this act. The secretary shall not approve any
voting machine for any election, Federal or State, in this
Commonwealth, that does not comply with the requirements of
section 301 of the Help America Vote Act of 2002 (Public Law
107-252, 42 U.S.C. § 15481).
(c) To certify to county boards of elections for primaries
and elections the names of the candidates for President and
Vice-President of the United States, presidential electors,
United States senators, representatives in Congress and all
State offices, including senators, representatives, and judges
of all courts of record, and delegates and alternate delegates
to National Conventions, and members of State committees, and
the form and wording of constitutional amendments or other
questions to be submitted to the electors of the State at large.
(d) To receive and determine, as hereinafter provided, the
sufficiency of nomination petitions, certificates and papers of
candidates for President of the United States, presidential
electors, United States senators, representatives in Congress
and all State offices, including senators, representatives and
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judges of all courts of record, and delegates and alternate
delegates to National Conventions and members of State
committees.
(e) To receive such reports from county boards of elections
as are required by this act, and to demand such additional
reports on special matters as he may deem necessary.
(e.1) To receive from county boards of elections information
on voting system errors or difficulties or other election data
pursuant to regulation.
(f) To receive from county boards of elections the returns
of primaries and elections, to canvass and compute the votes
cast for candidates and upon questions as required by the
provisions of this act; to proclaim the results of such
primaries and elections, within three days after receipt of
returns from all counties and to issue certificates of election
to the successful candidates at such elections, except in cases
where that duty is imposed by law on another officer or board.
[(f.1) To develop a voluntary professional certification and
poll worker training program for county election officials in
consultation with county boards of elections.]
(f.2) To order a county board to conduct a recount or
recanvass of an election under section 1404 for a public office
which appears on the ballot in every election district in this
Commonwealth or for a ballot question which appears on the
ballot in every election district in this Commonwealth.
(g) To perform only such other duties relating to elections
as [may be prescribed by law.] authorized by this act or by 25
Pa.C.S. (relating to elections).
(h) To establish a system for the remedy of complaints
regarding the administration of the provisions of Title III of
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the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C.
§ 15481 et seq.).
(i) To obtain and maintain uniformity in the interpretation
and implementation of election laws.
(j) To provide uniform standards for the proper, accurate
and uniform implementation of voter registration laws and
records.
(k) To actively seek out and collect the data and statistics
necessary to knowledgeably scrutinize the effectiveness of
election laws.
(l) To provide technical assistance to election directors.
(m) To maintain a hotline for the reporting of any known or
suspected election fraud or intimidation or duress of poll
workers, judges of elections, election officials or election
observers, and to provide election fraud education to the
public.
(n) To provide to any registered elector upon request, and
free of charge, a durable photo identification card which may be
used for the purposes of voting.
(o) To submit to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin by December 31 of each
odd-numbered year the official instructions and procedures
manual prescribed by the Pennsylvania Election Law Advisory
Board.
(p) To receive any private donations intended to contribute
to election administration or voter education in this
Commonwealth, and to distribute the funds, or any public funds
used for the purposes of voter education, equally across this
Commonwealth based upon the most recent census estimate of
citizen voting age population. A distribution of private funds
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must be approved by the Election Law Advisory Board.
(q) To maintain a publicly accessible Internet website using
a .gov domain name, on which the secretary shall post
information required by this act. The website shall additionally
adhere to generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To retain and make publicly available any communications
relating to election administration and sent between the
department and at least three county election directors.
(s) To develop a uniform application for registered electors
to update their signature of record or to provide a medical
doctor's assessment of signature inconsistency due to a medical
condition.
(t) To cooperate with an independent prosecutor appointed by
the Attorney General for each election cycle to review election
complaints received by the secretary and the county boards of
elections.
(u) To publish on the department's publicly accessible
Internet website the list of registered electors in each county
and Statewide, at least five days prior to an election.
(v) To reimburse counties for the cost of annual training
required under section 1302-E.
(w) To create and publish, prior to the proclamation of
results in a primary or election, a combined record of the
registered electors in this Commonwealth as of the date of the
primary or election, together with the record of participation
in the primary or election by each registered elector, submitted
by counties under section 1404(c). The record shall be published
on the department's publicly accessible Internet website, made
available upon request to any elector and retained for a period
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of five years. A physical copy of the record required under this
subsection must be created, dated and retained for a period of
five years.
(x) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in record), to seek a record of all deaths
among residents of this Commonwealth, and each month to compare
the records with the list of electors in the Statewide Uniform
Registry of Electors, and for any elector found to be deceased,
to notify the elector's county of residence.
(y) In addition to the requirements of 25 Pa.C.S. Ch. 15, to
fully participate in the Electronic Registration Information
Center (ERIC) and to utilize all available information received
through that system and through the National Change of Address
system to ensure the accuracy of the Statewide Uniform Registry
of Electors and the continued eligibility of all registered
electors in this Commonwealth.
(z) To receive from counties a monthly report of any newly
registered elector who was previously registered in another
state and to notify the chief elections administrator in that
state of the elector's registration in this Commonwealth.
(z.1) To create and maintain a tracking system for each
qualified mail-in or absentee elector to track the status of an
application for a mail-in or absentee ballot, the date on which
an elector's ballot is prepared, the date on which an elector's
ballot is mailed, the date on which an elector's ballot is
received and the date on which an elector's ballot is pre-
canvassed or canvassed.
(z.2) To develop and offer the training prescribed by the
Election Law Advisory Board under section 1302-E, and to make
such training available free of charge to any individual
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required to complete the training.
Section 4. The act is amended by adding a section to read:
Section 209. Reports on Implementation of Elections.--(a)
No later than 75 days after an election, the Bureau of
Commissions, elections and legislation of the Department of
State shall issue a report to the chair and minority chair of
the State Government Committee of the Senate and the chair and
minority chair of the State Government Committee of the House of
Representatives. A copy of the report shall also be made
available on the Department of State's publicly accessible
Internet website.
(b) The report under subsection (a) shall include only the
following information relating to the administration of the
election by the Department of State, a county board of elections
or a registration commission established under 25 Pa.C.S. §
1203(a) (relating to commissions):
(1) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
received by the county board of elections.
(2) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were received
by the county board of elections.
(3) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were approved
by the county board of elections.
(5) For each county and the sum for this Commonwealth, the
number of absentee ballots which were voted by qualified
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electors.
(6) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were voted by qualified
electors.
(7) For each county and the sum for this Commonwealth, the
number of provisional ballots cast under section 1210(a.4).
(8) For each county and the sum for this Commonwealth, the
number of qualified electors voting by a provisional ballot
under section 1306(b)(2).
(9) For each county and the sum for this Commonwealth, the
number of qualified electors voting by provisional ballot under
section 1306-D(b)(2).
(10) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (7) which were
canvassed.
(11) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (8) which were
canvassed.
(12) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (9) which were
canvassed.
(13) (Reserved).
(14) For each county and the sum for this Commonwealth, the
number of polling places in school buildings.
(15) For each county, the date, starting time and ending
time that the county board of elections met to pre-canvass
absentee ballots and mail-in ballots under section 1308(g)(1.1).
(16) For each county, the date, starting time and ending
time that the county board of elections met to canvass absentee
ballots and mail-in ballots under section 1308(g)(2).
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(17) For each county and the sum for this Commonwealth, the
number of absentee ballots which were challenged under section
1302.2(c).
(18) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were challenged under section
1302.2-D(a)(2).
(19) For each county and the sum for this Commonwealth, the
number of absentee ballots subject to challenges under paragraph
(17) which were not canvassed.
(20) For each county and the sum for this Commonwealth, the
number of mail-in ballots subject to challenges under paragraph
(18) which were not canvassed.
(21) The number of incidents known to the Department of
State, county boards of elections or registration commissions
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to
the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by
an individual other than the individual who applied for the
absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means other than
permitted by law.
(22) To the extent consistent with Federal and State law, a
review of any action taken by the Department of State, county
board of elections or registration commissions in response to an
incident under paragraph (21), including determinations made on
the incident, legal actions filed and referrals to law
enforcement.
(23) A review of issues or incidents encountered with an
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electronic voting system that received the approval of the
Secretary of the Commonwealth under section 1105-A, including
technical issues encountered at polling places.
(c) The Department of State shall develop a process to
collect data required to be included in the report under
subsection (b) from each county board of elections which
conducts an election and each registration commission under 25
Pa.C.S. Pt. IV (relating to voter registration) in a county
which conducts an election, as applicable. A county board of
elections or registration commission under this subsection shall
comply with the process for submission of data under this
subsection no later than 60 days after an election.
Section 5. Section 302(f), (k) and (m) of the act are
amended and the section is amended by adding subsections to
read:
Section 302. Powers and Duties of County Boards.--The county
boards of elections, within their respective counties, shall
exercise, in the manner provided by this act, all powers granted
to them by this act, and shall perform all the duties imposed
upon them by this act, which shall include the following:
* * *
(f) [To make and issue such rules, regulations and
instructions, not inconsistent with law, as they may deem
necessary for the guidance of voting machine custodians,
elections officers and electors.] To follow and obey rules,
regulations and instructions as are included for each election
in the manual of operations published under section 201.
* * *
(k) To receive from district election officers the returns
of all primaries and elections, to canvass and compute the same,
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and to certify, no later than the [third Monday] fourth Friday
following the primary or election, the results thereof to the
Secretary of the Commonwealth, as may be provided by law, and to
such other authorities as may be provided by law. The
certification shall include the number of votes received in each
election district by each candidate for the General Assembly[.]
and a complete record of each registered elector in the county
on the date of the election, including which registered electors
are recorded as participating in that election and the article
of this act under which each elector voted.
* * *
(m) To prepare and submit, within twenty days after the last
day to register to vote in each primary, municipal and general
election, a report to the Secretary of the Commonwealth in the
form prescribed by him, which shall contain a statement of the
total number of electors registered in each election district,
together with a breakdown of registration by each political
party or other designation. Copies of said statement shall be
furnished, upon request, to the county chairman of each
political party and political body[.] and shall be posted to the
county board of election's publicly accessible Internet website.
The Secretary of the Commonwealth shall forthwith submit such
information to the Legislative Data Processing Center and shall
publicly report the total number of registered electors for each
political party or other designation in each county not later
than five days prior to the primary, municipal or general
election.
* * *
(q) To maintain a publicly accessible Internet website using
a .gov domain name. The website shall additionally adhere to
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generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To decline to accept any private donation or
contribution for the purposes of operating elections, employing
staff or selecting and equipping a polling place or for use in
voter education, unless received from the secretary under a
distribution provided for in section 201(h) .
(s) To provide to each registered elector in a county,
within one year of the effective date of this subsection and
upon new or updated registration after the effective date of
this subsection, or at the request of an elector, a durable
voter registration card, including a scannable identification
code and a likeness of a registered elector's signature. A
county board of elections shall investigate the circumstances of
any registration card returned as undeliverable by the United
States Postal Service. The investigation shall include
contacting the applicant, further attempts to have his or her
registration card delivered and the correction or
reconsideration of his or her registration status and registered
address, if they are found to be incorrect.
(t) To capture and store signatures submitted by an elector
for use in matching an elector's signature under the
requirements of this act.
(u) To implement the minimum voter education standards
established under section 1302-E and to conduct additional
nonpartisan education efforts as necessary to ensure that
electors have a working knowledge of the voting process.
(v) To report to the election law advisory board, by
December 31 of each general election year, a detailed
description of the voter education programs implemented and any
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other information that may be useful in evaluating the
effectiveness of voter education.
(w) To purchase electronic poll books for use as the
district register in each election district within one year
after the effective date of this subsection. The electronic poll
books must provide an elector with the ability to scan his or
her driver's license or his or her voter registration card in
order to have his or her eligibility to vote verified, and must
have a means for an elector to electronically record his or her
signature. Notwithstanding any other provision of this act, for
elections held within one year of the effective date of this
section, paper district register cards may still be utilized by
any county. After the purchase of electronic poll books, paper
district register cards may be retained for use in the event of
an unforeseen issue in using electronic poll books at an
election.
(x) To provide each election district with at least one
accessible voting machine approved by the secretary under this
act.
(y) To publish at each polling place the voter bill of
rights, senior voter bill of rights and disabled voter bill of
rights established by this act.
(z) To provide copies of the voter bill of rights, senior
voter bill of rights and disabled voter bill of rights during
the process of supervised voting established by this act.
(z.1) To review any polling place where voters waited longer
than 30 minutes to cast a ballot and to identify and enact plans
to alleviate any such waiting time for future elections.
(z.2) For counties with a population of fewer than 100,000
at the time of the most recent Federal decennial census, to
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collaborate with other counties to share resources or property
required for the administration of voting by absentee and mail-
in electors. The collaboration is not required and participation
in any resource sharing shall be at the discretion of each
county board.
(z.3) In addition to the requirements of 25 Pa.C.S. Ch. 15,
to seek a record of all deaths among residents of the county and
each month to compare the records with the list of registered
electors in the county. A registered elector whose first and
last name, date of birth and last four digits of the elector's
Social Security number are found on a death record shall be
subject to immediate removal from the SURE system. The local
commission shall notify the elector by mail of its action.
(z.4) To enter into an agreement with the Unified Judicial
System of Pennsylvania to receive a record of any county
resident who claims ineligibility for service as a juror under
42 Pa.C.S. § 4502 (relating to qualifications of jurors) and to
investigate the registration status of any registered elector
who claimed ineligibility to serve as a juror on the basis of a
lack of citizenship.
(z.5) To cooperate with the department to any degree
necessary in the creation of the system required under section
201(z.1).
(z.6) To cooperate with the election integrity officer
appointed in the county under section 1779, and to include the
election integrity officer in all correspondence related to the
conduct of the election.
Section 6. The act is amended by adding a section to read:
Section 313. County Boards of Elections and Satellite
Offices.--In addition to the permanent offices operated by any
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county board of elections, the board may, as necessary,
establish additional satellite election offices if the satellite
election office established under this section complies with the
requirements under this section. The following shall apply:
(a) A satellite election office must meet the requirements
for and be subject to the same restrictions as a polling place
under this act.
(b) A satellite election office must offer the same services
and capabilities as the permanent offices maintained by the
county board of elections.
(c) A satellite election office must be operated by paid
staff of the county board of elections.
(d) A board establishing satellite election offices must
ensure that the location of the offices are geographically
distributed across the county.
(e) A satellite election office must be established within a
permanent building. For purposes of this section, a permanent
building is any existing structure not temporarily erected for
use as a satellite election office.
(f) The location and hours of operation of a satellite
election office shall be published under section 106 at least 30
days prior to its establishment.
(g) After the establishment of in-person early voting under
Article XIII-F, a satellite election office may only be
established at the same premises as early voting locations in a
county.
Section 7. Sections 401, 402, 403, 404, 405, 406, 407, 408,
409, 410, 411, 412.2, 417(b), 526, 527 and 528 of the act are
amended to read:
Section 401. District Election Boards; Election.--(a) All
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primaries and elections shall be conducted in each election
district by a district election board consisting of a judge of
election, a majority inspector of election and a minority
inspector of election, assisted by two clerks and machine
inspectors [in certain cases, as hereinafter provided] as
provided in this act. The judge and inspectors of election of
each election district shall be elected [by the electors
thereof] at the municipal election[,] and shall hold office for
a term of four years from the first Monday of January next
succeeding [their] the election. Each elector may vote for one
[person] individual as judge and for one [person] individual as
inspector[, and the person]. The individual receiving the
highest number of votes for judge shall be declared elected
judge of election, the [person] individual receiving the highest
number of votes for inspector shall be declared elected majority
inspector of election[, and the person] and the individual
receiving the second highest number of votes for inspector shall
be declared elected minority inspector of election.
(b) The county board shall fill all vacancies in conjunction
with the county parties. All vacancies must be filled two months
prior to a general election and one month prior to special
elections, midterm elections and primaries.
(c) The county board shall submit a status report to the
Department of State at the beginning of each month notifying the
department of the number of vacancies.
(d) The county board and county parties shall be provided
money to advertise the vacancies and recruit new election day
workers. Advertising may include television, radio and social
media.
(e) Each county board shall place information about county
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board vacancies on the board's publicly accessible Internet
websites and shall produce public service announcements to
recruit workers.
(f) The county board and parties shall meet each month for
progress updates.
Section 402. Qualifications of Election Officers.-- (a)
Except as provided in subsection (b), election officers shall be
qualified registered electors of the [district in which they]
county in which the election officers are elected or appointed.
[No person shall be qualified to] No individual shall be
qualified to run or serve as an election officer who [shall
hold, or shall within two months have held,] holds or in the
previous two months has held any office, appointment or
employment in or under the Government of the United States or of
this [State] Commonwealth or of any city or county or poor
district, of any municipal board, commission or trust in any
city, [save only district justices] except magisterial district
judges, notaries public and persons in the militia service of
the [State; nor shall any] Commonwealth. An election officer
shall not be eligible to any civil office [to be] voted for at a
primary or election at which [he shall serve] the election
officer serves, except that of an election officer.
(b) The county board may appoint students, notwithstanding
[their] the student's eligibility to vote, to serve as a clerk
or machine inspector [pursuant to the following]. The following
shall apply:
(1) The county board may not appoint [no] more than two
students per precinct.
(2) [The] A judge of elections shall have direct supervision
of the student.
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(3) The county board may compensate the student.
(4) The county board shall comply with all applicable
Federal and State laws.
(5) The student must at the time of the election for which
the student shall serve:
(i) be at least [seventeen (17)] 17 years of age;
(ii) be a United States citizen and a resident of the county
in which [he] the student was appointed to serve;
(iii) be enrolled in a secondary educational institution
with an exemplary academic record as determined by the
educational institution;
(iv) be approved by the principal or director of the
secondary educational institution; and
(v) have obtained the consent of [their] the student's
parent or guardian.
(6) The student may not serve as a judge of election or
[majority or minority] inspector.
Section 403. Tie Votes for Judge and Inspector.--If at any
municipal election in any district there [shall be] is a tie
vote for the office of judge of election, the majority inspector
of election [elected at said election] shall decide the tie
vote. If at any municipal election in any district there is a
tie vote for inspectors, the two candidates who receive the same
number of votes shall determine by lot which of [them] the
candidate's shall be the majority inspector.[, and the other
candidate shall be the minority inspector, and in case of a tie
vote also for judge of election at said election, the tie shall
be decided by the person so determined to be majority inspector.
The county board shall be notified immediately upon the
determination of any such tie vote.]
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Section 404. Clerks of Election, Machine Inspectors.--[Prior
to the opening of the polls at each primary and election in
districts in which voting machines are not used, each] Each
inspector shall appoint one clerk to serve at [such] a primary
or election. [One clerk shall be appointed by the minority
inspector in each district in which a voting machine or machines
are used, and in each district in which more than one voting
machine is used, the] The county board of elections shall, prior
to each primary [and] or general election, appoint for [each
additional voting machine to be used in such] every two voting
machines in each district, one qualified registered elector of
the county to serve as machine inspector [therein for such
primary or election]. The qualifications of clerks and machine
inspectors shall be the same as [herein] those provided for
election officers.
Section 405. Vacancies in Election Boards; Appointment;
Judge and Majority Inspector to Be Members of Majority Party;
Minority Inspector to Be Member of Minority Party.--(a)
Vacancies in election boards existing by reason of the
disqualification, removal, resignation or death of an election
officer, or from any other cause, occurring prior to the fifth
day before any primary or election, shall[, in all cases,] be
filled by appointment[, by the court of the proper county of
competent persons, qualified in accordance with the provisions
of this act, who ] by the county board of elections, in
consultation with the county parties and the appointed
individual shall serve for the unexpired term of the [person]
individual whose place [he] the appointed individual is
appointed to fill[: Provided, however, That any]. A district
election officer who, after [his] election or appointment,
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changes [his] political affiliation, [shall not thereby become]
is not disqualified to serve on [said] the election board, and
[shall not thereby] may not be subject to removal. In making
[such] appointments, the [court] county board shall receive and
consider any petitions filed by qualified electors of the
district affected[, and shall make no] and may not make an
appointment to fill any vacancy unless notice of the time at
which [they will make such appointment shall have been posted on
the polling place of such district, and in the immediate
vicinity thereof, at least five days prior thereto.] the board
will make the appointment was posted in the district polling
place at least five days prior to the appointment. In the
appointment of inspectors in any election district, both shall
not be of the same political party at the time of [said]
appointment, but one shall be of the party having the largest
number of votes and the other shall be of the party having the
second largest number of votes in [said] the district at the
last preceding November election, as [nearly as the judge or
judges can ascertain the fact] determined by the county board.
The judge of election shall, in all cases of appointment, be of
the political party having the majority of votes in [said] the
district at the last preceding November election, as [nearly as
the judge or judges can ascertain the fact. Immediately upon the
entry of an order of court filling any vacancy on an election
board, the clerk of said court shall forthwith transmit a
certified copy of said order to the county board, giving the
name and address of said appointee] determined by the county
board. Notwithstanding any provisions to the contrary, in
counties which have adopted home rule charters or optional plans
and which appoint the members of the county election board under
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section 301(b), vacancies in the county board of elections shall
be filled consistent with the provisions for appointment of
county election board members under [that] section 301.
(a.1) Vacancies in county boards existing by reason of the
disqualification, removal, resignation or death of a clerk or
machine inspector appointed [pursuant to] under section 404 or a
vacancy of a clerk or machine inspector from any other cause
occurring prior to the day of any primary or election may be
filled by a student [pursuant to] under section 402(b).
(b) The first election board for any new district shall be
selected, by the court of the proper county, of competent
[persons] individuals, qualified in accordance with the
provisions of this act, who shall serve until the next municipal
election at which all election officials are elected under the
provisions of section 401.
(c) Vacancies in election boards occurring at any time
during the five days immediately preceding any primary or
election or on the day of the primary or election may be filled
by appointment by the county board [of elections] from a pool of
competent [persons] individuals who are qualified registered
electors of the county and who have been trained by the county
to perform the duties of election officers [which are required
by] required under this act. [Any person] An individual
appointed to fill a vacancy in accordance with this subsection
shall serve as a member of the election board on the day of the
primary or election only. Any election board position filled in
accordance with this subsection shall be deemed vacant on the
day immediately following the primary or election and
subsequently shall be filled in accordance with subsection (a).
Section 406. Election Officers to Be Sworn.--All judges,
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inspectors, clerks of election and machine inspectors shall,
before entering upon [their] duties at any primary or election,
[be duly sworn in the presence of each other and of the watchers
and overseers, if any. The judge shall first be sworn by the
minority inspector or by a magistrate, alderman or justice of
the peace, and the inspectors, clerks and machine inspectors
shall then be sworn by the judge. Each of them shall forthwith
sign in duplicate the oath taken by him upon forms to be
furnished by the county board, and the same shall be attested by
the officer who administered the oath.
Section 407. Oath of Judge of Election.--The following shall
be the oath of each judge of election:
"I (John Doe) do swear (or affirm) that I will as judge duly
attend the ensuing election (or primary) during the continuance
thereof, and in cooperation with the inspectors, faithfully
carry on the same; that I will not give my consent to the
admission of any person to vote, except such as I firmly believe
to be registered and entitled to vote at such election (or
primary), according to the provisions of the Constitution and
laws of this Commonwealth, and that I will use my best endeavors
to prevent any fraud, deceit or abuse in carrying on the same,
and that I will make a true and perfect return of the said
election (or primary), and will at all times impartially and
faithfully perform my duty respecting the same, to the best of
my judgment and ability; and that I am not directly or
indirectly interested in any bet or wager on the result of this
election (or primary)."
Section 408. Oaths of Inspectors of Election.--The following
shall be the form of the oath to be taken by each inspector:
"I (John Doe) do swear (or affirm) that I will as an
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inspector duly attend the ensuing election (or primary) during
the continuance thereof, and that I will not admit any person to
vote, except such as I shall firmly believe to be registered and
entitled to vote at such election (or primary), according to the
provisions of the Constitution and laws of this Commonwealth,
that I will not vexatiously delay or refuse to permit any person
to vote whom I shall believe to be entitled to vote as
aforesaid, that I will make a true and perfect return of the
said election (or primary), and that I will in all things truly,
impartially and faithfully perform my duties therein, to the
best of my judgment and ability; and that I am not directly or
indirectly interested in any bet or wager on the result of this
election (or primary)."
Section 409. Oaths of Clerks of Election.--The following
shall be the form of the oath to be taken by each clerk:
"I (John Doe) do swear (or affirm) that I will as a clerk
attend the ensuing election (or primary) during the continuance
thereof, that I will carefully and truly record the number of
votes that shall be given for each candidate at the election (or
primary) as often as his name shall be read to me by the judge
or inspectors thereof, and in all things truly and faithfully
perform my duty respecting the same to the best of my judgment
and ability; and that I am not directly or indirectly interested
in any bet or wager on the result of this election (or
primary)."
Section 410. Oath of Machine Inspectors.--The following
shall be the form of the oath to be taken by each machine
inspector:
"I (John Doe) do swear (or affirm) that I will as a machine
inspector attend the ensuing election (or primary) during the
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continuance thereof, that I will in all things truly and
faithfully perform my duty respecting the same to the best of my
judgment and ability; and that I am not directly or indirectly
interested in any bet or wager on the result of this election
(or primary)."
Section 411. Power of Election Officers to Administer
Oaths.--The judge and inspectors of election shall each have the
power to administer oaths to any person claiming the right to
vote, or to his witnesses, or in any matter or thing required to
be done or inquired into by them under this act.] sign a written
oath of office which the judges shall transmit to the county
board of elections after the polling place closes. The
Department of State shall promulgate the text of the written
oath for all judges, inspectors, clerks and machine operators.
Section 412.2. Compensation of District Election Officers.--
(a) In all counties regardless of class, judges of election,
inspectors of election, clerks and machine operators shall be
paid compensation as fixed by the county board of elections for
each election, which amount shall be at least [$75] $175 and not
more than [$200] $300.
(a.1) An election officer shall receive additional
compensation, as fixed by the county board of elections, for
participating in election training.
(a.2) A judge of election shall receive additional
compensation, as fixed by the county board of elections, for
picking up and returning election materials.
(b) If a county board of elections authorizes that the
duties of a clerk of elections or machine operator may be
performed by two individuals who each perform the duties for
one-half of an election day, each individual shall be
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compensated at one-half of the rate authorized for a single
individual who performs the duties for the entire election day.
(c) The county board of elections may establish different
per diem rates within minimum and maximum rates provided for
under subsection (a) based on the number of votes cast for the
following groups:
(1) 150 votes or fewer.
(2) 151 to 300 votes.
(3) 301 to 500 votes.
(4) 501 to 750 votes.
(5) 751 votes and over.
(d) For transmitting returns of elections and the ballot box
or boxes, all judges of election shall be entitled to receive
the additional sum of $20.
(e) The county board of elections may require the minority
inspector of election to accompany the judge of election in
transmitting the returns of elections, in which case the
minority inspector of election shall be entitled to receive the
additional sum of $20.
(f) The individual furnishing transportation to the judge of
election and the minority inspector in transmitting returns and
ballot boxes shall be entitled to [a minimum of 35¢] the
standard mileage rate set by the Internal Revenue Service for
the current year per circular mile from the polling place to the
county court house. The name of the individual shall appear on
the voucher of the judge of election and only one individual may
receive mileage compensation.
(h) When a primary and special election or a special
election and a general or municipal election take place on the
same date, the elections shall be construed as one election for
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the purpose of receiving compensation.
(i) Compensation and other payments received by election
officials under this section shall not be deemed income
classified and categorized under section 303 of the act of March
4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
(j) The department shall reimburse counties for half the
cost of payments made under subsections (a) and (f).
Section 417. Appointment of Watchers.--
* * *
(b) Each watcher so appointed must be a qualified registered
elector of the county in which the election district for which
the watcher was appointed is located and must have completed
training required for poll watchers under section 1302-E(c)(7).
Each watcher so appointed shall be authorized to serve in the
election district for which the watcher was appointed and, when
the watcher is not serving in the election district for which
the watcher was appointed, in any other election district in the
county in which the watcher is a qualified registered elector:
Provided, That only one watcher for each candidate at primaries,
or for each party or political body at general, municipal or
special elections, shall be present in the polling place at any
one time from the time that the election officers meet prior to
the opening of the polls under section 1208 until the time that
the counting of votes is complete and the district register and
voting check list is locked and sealed, and all watchers in the
room shall remain outside the enclosed space. It shall not be a
requirement that a watcher be a resident of the election
district for which the watcher is appointed. After the close of
the polls and while the ballots are being counted or voting
machine canvassed, all the watchers shall be permitted to be in
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the polling place outside the enclosed space. Each watcher shall
be provided with a certificate from the county board of
elections, stating his name and the name of the candidate, party
or political body he represents. Watchers shall be required to
show their certificates when requested to do so. Watchers
allowed in the polling place under the provisions of this act,
shall be permitted to keep a list of voters and shall be
entitled to challenge any person making application to vote and
to require proof of his qualifications, as provided by this act.
During those intervals when voters are not present in the
polling place either voting or waiting to vote, the judge of
elections shall permit watchers, upon request, to inspect the
voting check list and either of the two numbered lists of voters
maintained by the county board: Provided, That the watcher shall
not mark upon or alter these official election records. The
judge of elections shall supervise or delegate the inspection of
any requested documents.
* * *
Section 526. Polling Places to Be Selected by County
Board.--(a) The county board of elections shall select and fix
the polling place within each new election district and may, at
any time [for any reason that may seem proper to it,], but not
less than 14 days before an election, either on [its own] board
motion or on petition of [ten] 10 qualified registered electors
of an election district, change the polling place within any
election district. Except in case of an emergency or unavoidable
event occurring within [twenty] 14 days of a primary or
election, which renders any polling place unavailable for use at
[such] a primary or election, the county board shall not change
any polling place until at least five days after notice of the
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proposed change shall have been posted on the existing polling
place and in the immediate vicinity [thereof] of the polling
place, and until at least five days after written notice of the
proposed change shall have been given to the occupant or owner
of [said] the polling place, or [their] the owner's agent.
(b) Except in case of emergency or unavoidable event,
occurring within [twenty] 14 days of a primary or election,
which renders any polling place unavailable for use, if a
petition [be] is presented to the county board on or before the
day set for hearing of the petition for change of polling place,
signed by a majority of the registered electors of the district,
objecting to the proposed change, [said] the change shall not be
ordered.
(c) The county board of elections shall publicly announce
and post on the board's publicly accessible Internet website,
not less than [twenty] 14 days prior to the primary election,
special election, municipal election or general election, by
posting at [its] the board's office in a conspicuous place, a
list of the places at which the election is to be held in the
various election districts of the county. The list shall be
available for public inspection at the office of the county
board of elections. The posting on the Internet website shall
include the name and contact information of all election
officers in the county.
Section 527. Public Buildings to Be Used Where Possible;
Portable Polling Places.--(a) In selecting polling places, the
county board of elections shall, [wherever] if possible and
practicable, select schoolhouses, municipal buildings or rooms,
or other public buildings for that purpose. Any board of public
education or school directors, or county or the municipal
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authorities shall, upon request of the county board, make
arrangements for the use of school property, or of county or
municipal property for polling places. In selecting polling
places, the county board of elections shall make every effort to
select polling places that provide all electors with an
environment that is free from intimidation and [violence]
accessible to all electors.
[In the event no available] If a public building as
contemplated under this section is not situated within the
boundaries of any election district, the county board of
elections may, not less than [twenty] 20 days prior to any
election, designate as the polling place for [such] the election
district any [such public building situated in another election
district within the same or immediately adjacent ward, or, if
there are no wards, then within the same borough or township as
the case may be, provided such other building is located in an
election district which is immediately adjacent to the boundary
of the election district for which it is to be the polling place
and is directly accessible therefrom by public street or
thoroughfare.] building that is located in the election district
and is accessible to all electors. If no building is available
in the election district, a polling place may be identified in a
public building within an adjacent election district. If