See other bills
under the
same topic
PRINTER'S NO. 2261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1971
Session of
2021
INTRODUCED BY CONKLIN, OCTOBER 13, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 13, 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 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 ballot return sites;
in district election officers, providing for district canvass
inspectors and further providing for compensation of district
election officers;
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 statistical
sample and providing for requirements of accessible voting
machines;
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in voting apparatus bonds, providing for voting system defects,
disclosure, investigations and penalties;
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 time for opening and closing polls and 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;
in voting by qualified absentee electors, further providing for
applications for official absentee 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 and for voting by mail-in
electors;
providing for early voting by qualified electors;
in returns of primaries and elections, further providing for
computation of returns by county board, certification and
issuance of certificates of election;
in penalties, further providing for disobeying lawful
instructions, for perjury, for false affidavits of
candidates, for refusal to permit inspection of papers,
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, 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
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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
providing for reimbursements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding subsections to read:
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:
* * *
(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.
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(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 voter fraud hotline and provide election
fraud education to the public.
(n) To publish by December 31 of each odd-numbered year the
official instructions and procedures manual prescribed by the
secretary with the recommendations of the Pennsylvania Election
Law Advisory Board.
(o) 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.
(p) To retain any communications relating to election
administration.
(q) To review election complaints received by the secretary
and the county boards of elections each election cycle.
(r) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in record), to seek a record of all deaths
of residents in 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.
(s) 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
Program to ensure the accuracy of the Statewide Uniform Registry
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of Electors established under 25 Pa.C.S. § 1222 (relating to
SURE system) and the continued eligibility of all registered
electors in this Commonwealth.
(t) To receive from counties a monthly report of any newly
registered electors who were previously registered in another
state and to notify the chief elections administrator in that
state of the elector's registration in this Commonwealth.
(u) To create and maintain a tracking system for each
qualified mail-in elector or absentee elector to track the
status of that elector's application for a mail-in or absentee
ballot, the date on which that elector's ballot is prepared, the
date on which that elector's ballot is mailed, the date on which
that elector's ballot is received and the date on which that
elector's ballot is pre-canvassed or canvassed.
Section 2. The act is amended by adding a section to read:
Section 209. Reports on Implementation of Elections.--(a)
No later than 90 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
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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
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
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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).
(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.
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(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
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 45 days after an election.
Section 3. Section 302(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
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to them by this act, and shall perform all the duties imposed
upon them by this act, which shall include the following:
* * *
(k) To receive from district election officers the returns
of all primaries and elections, to canvass and compute the same,
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.
* * *
(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
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a "gov" domain name. The website shall additionally adhere to
generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To provide each election district with at least one
accessible voting machine approved by the secretary under this
act.
(s) 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.
(t) 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.
(u) To review any polling place where voters waited longer
than thirty minutes to cast a ballot and to identify and enact
plans to alleviate waiting time for future elections.
(v) For counties with a population of fewer than 100,000 at
the time of the most recent Federal decennial census, to
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.
(w) To cooperate with the Department of State to any degree
necessary in the creation of the system required under section
201(u).
(x) 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
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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.
Section 4. The act is amended by adding sections to read:
Section 313. Ballot Return Sites and Secure Receptacles.--In
addition to the permanent offices operated by a county board of
elections, the county board may establish multiple ballot return
locations, including access to secure ballot return receptacles,
where electors may return their completed ballot. The following
shall apply:
(a) Sites may include, but shall not be limited to, city and
municipal facilities, public libraries, county facilities or
other locations designated by the county board of elections to
receive ballots. The Secretary of the Commonwealth, in
collaboration with the counties, shall issue minimum criteria
for considering locations to ensure availability and access to
electors.
(b) A list of the ballot return sites and county election
offices, including the dates and hours of operation, shall be
available to the public as early as possible by providing notice
of the county ' s ballot return plan in the county elections
office, in a highly visible location on the county ' s website and
at other such locations as the county board deems appropriate
for maximum notification to voters. The notice posted on the
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county ' s website shall be in a format that is accessible for
people with disabilities. In the event of any changes to site
location operations, the county board of elections shall post
the updated information on the official election website within
twenty-four hours. The notice shall include, at a minimum:
(1) Ballot return deadline.
(2) List of county election offices and ballot return sites,
including building names and street addresses.
(3) Days and hours of operation, including election day
hours.
(4) Contact information for the county board of elections.
(5) Accessibility information, including a list of ballot
return sites and secure receptacles that meet accessibility
requirements.
(c) All ballot return sites shall be accessible at least
during regular business hours beginning not less than thirty
days prior to an election and on the day of an election. County
boards may offer business hours outside of regular business
hours, including weeknights or weekends to enable maximum
accessibility for voters in compliance with this act.
(d) All ballot return sites shall have the same features and
be of substantially similar design, color scheme and signage to
facilitate easy identification by the public.
(e) A ballot return site may have a secure receptacle that
permits voters to return their completed ballot. A postage stamp
is not required on the return envelope when depositing a
completed ballot at a ballot return site or a secure receptacle.
(f) Secure receptacles shall be designed to function as
follows:
(1) Hardware shall be operable without any tight grasping,
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pinching, or twisting of the wrist.
(2) Hardware shall require no more that five pounds of
pressure for the voter to operate.
(3) Operable within reach-range of fifteen to forty-eight
inches from the floor or ground for a person utilizing a
wheelchair.
(4) Provide specific points identifying the slot where
completed ballots are to be inserted.
(5) Ensure that only ballot material can be deposited and
not be removed by anyone but designated county board of election
officials. This includes confirming that the opening slot of the
secure receptacle is too small to allow tampering or removal of
ballots, but is not so small to interfere with depositing
completed ballots.
(6) Ensure that the opening slot minimizes the ability for
liquid to be poured into the secure receptacle or rainwater to
seep inside.
(g) The secure receptacle shall be securely fastened to a
stationary surface, to an immovable object or placed behind a
counter.
(h) The county board of election shall determine the size of
the secure receptacle based on the use and needs of the
location.
(i) Each ballot return site shall be marked with official
signage designating the site. Signage shall adhere to the
following:
(1) Be in all languages required under the Voting Rights Act
of 1965 (Public Law 89-110, 52 U.S.C. § 10301 et seq.).
(2) Display language stating that counterfeiting, forging,
tampering with or destroying ballots is a misdemeanor of the
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second degree under sections 1816 and 1817.
(3) Provide a statement that third-party return of ballots
is prohibited unless provided for under this act or Federal or
State law.
(4) Provide a statement requesting that the designated
county elections official be notified immediately in the event a
secure receptacle is full, not functioning or is damaged in any
fashion. The statement shall include a telephone number and
email address for notification purposes.
(j) For security purposes, county boards of election shall
comply with the following when establishing secure receptacles
and ballot return sites:
(1) Only county board of elections personnel shall have
access to the completed ballots within a secure receptacle.
(2) Secure receptacles shall be secured in a manner to
prevent their unauthorized removal of ballots.
(3) All secure receptacles shall be secured by a lock and
sealed with a tamper-evident seal.
(4) Secure receptacles shall be securely fastened in a
manner as to prevent moving or tampering.
(5) During the hours when the ballot return site is closed
or otherwise unstaffed, the secure receptacle shall be places in
a secure area that is inaccessible to the public or otherwise
safeguarded.
(6) Adequate lighting shall be provided at all ballot return
sites when the sites is open and in use.
(7) All secure receptacles and ballot return sites shall be
monitored by a video security surveillance system or an internal
camera that can capture digital images or video. A video
security surveillance system may include existing systems on
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county, city, municipal or private buildings. Video surveillance
shall be retained by the county election office through 60 days
following the deadline to certify an election.
(8) The secure receptacle at a ballot return site located
outdoors shall be constructed of durable material able to
withstand vandalism, removal and inclement weather to prevent
physical damage and unauthorized entry.
(k) Ballots returned to a ballot return site shall be
collected promptly by an authorized county board personnel at
times determined by the county board, but at a minimum of every
24 hours every weekday.
(l) County board personnel designated to collect completed
ballots shall sign a declaration affirming that the official
personnel will timely and securely collect and return the
ballots in the secure ballot transfer container, will not permit
any person to tamper with a ballot return site, secure
receptacle or its contents, and that they will faithfully and
securely perform their duties.
(m) Ballots collected from any ballot return site or secure
receptacle shall be immediately transported to the county board
of elections where, upon arrival, the county board shall note
the time of arrival and number of ballots.
(n) The department shall promulgate rules and regulations to
implement this section.
(o) For the purposes of this section, " secure receptacle "
shall have the same meaning as a " ballot drop box " .
Section 401.1. District Canvass Inspectors.--At all
primaries and elections, the county board of elections shall be
assisted with its duties to pre-canvass and canvass ballots
under section 1308 by district canvass inspectors. The district
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canvass inspectors 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
election. Each elector may vote for one person as district
canvass inspector, and the person receiving the highest number
of votes for district canvass inspector shall be declared
elected majority district canvass inspector, and the person
receiving the second highest number of votes for district
canvass inspector shall be declared elected minority district
canvass inspector. The qualifications for district canvass
inspectors shall be the same as for judge of election.
Compensation for district canvass inspectors shall be the same
as for judge of election; Provided, however, that a district
canvass inspector shall be compensated separately for each day
of the pre-canvass and canvass of ballots.
Section 5. Sections 412.2(a) and (f) and 1003(f) of the act
are amended and the sections are amended by adding subsections
to read:
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.
* * *
(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
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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.
* * *
(j) The Department of State shall reimburse counties for
half the cost of payments made under subsections (a) and (f).
Section 1003. Form of Official Election Ballot.--
* * *
[(f) In order that each elector may have the opportunity of
designating his choice for all the candidates nominated by one
political party or political body, there shall be printed on the
extreme left of the ballot, and separated from the rest of the
ballot by a space of at least one-half inch, a list of the names
of all the political parties or political bodies represented on
such ballot which have nominated candidates to be voted for at
such election. Such names shall be arranged in the order of the
votes obtained at the last gubernatorial election by the
candidate for Governor of the parties or bodies nominating,
beginning with the party that received the highest number of
votes cast. Following the names of such political parties and
political bodies shall be the names of the parties and bodies
not represented on the ballot at the last gubernatorial
election, arranged alphabetically, according to the party name
or appellation. A square of sufficient size for the convenient
insertion of a cross mark shall be placed at the right of each
party name or appellation.]
* * *
(h) The official ballots shall be printed on paper of the
correct size for the machines used by a county and watermarked
with the name of the county in which the ballots shall be used.
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Section 6. Section 1007(a) of the act is amended to read:
Section 1007. Number of Ballots to Be Printed; Specimen
Ballots.--(a) The county board of each county shall provide for
each election district a supply of official election ballots
for:
[(1) the general primary election held in even-numbered
years in which candidates for the office of President of the
United States are not nominated in an amount of at least 10%
greater than the highest number of ballots cast in the election
district in any of the previous three general primary elections
at which candidates for the office of President of the United
States were not nominated;
(2) the general primary election held in even-numbered years
in which candidates for the office of President of the United
States are nominated in an amount of at least 15% greater than
the highest number of ballots cast in the election district in
any of the previous three general primary elections at which
candidates for the office of President of the United States were
nominated;
(3) the municipal primary election held in odd-numbered
years in an amount of at least 10% greater than the highest
number of ballots cast in any of the previous three municipal
primary elections in the election district;
(4) the general election held in even-numbered years in
which candidates for the office of President of the United
States are not elected in an amount of at least 10% greater than
the highest number of ballots cast in the election district in
any of the previous three general elections at which candidates
for the office of President of the United States were not
elected;
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(5) the general election held in even-numbered years in
which candidates for the office of President of the United
States are elected in an amount of at least 15% greater than the
highest number of ballots cast in the election districts in any
of the previous three general elections at which candidates for
the office of President of the United States were elected; and
(6) the municipal election held in odd-numbered years in an
amount of at least 10% greater than the highest number of
ballots cast in any of the previous three municipal elections in
the election district.]
(1.1) Any primary election, 50% of the registered electors
in an election district, less the number of electors in the
district who have requested an absentee ballot or mail-in
ballot.
(1.2) Any general election, 100% of the registered electors
in an election district, minus the number of electors in the
district who have requested an absentee ballots or mail-in
ballot.
* * *
Section 7. Sections 1106, 1107 and 1111 of the act are
amended by adding subsections to read:
Section 1106. Examination and Approval of Voting Machines by
the Secretary of the Commonwealth.--
* * *
(g) Examination shall include, but is not limited to,
testing of all software required for the voting system's
operation, the ballot reader, the digital printer, the fail-safe
operations, the counting center environmental requirements and
the equipment reliability estimate.
(h) For the purposes of examining the system, the Secretary
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of the Commonwealth shall employ or contract for the services of
at least one individual who is an expert in one or more fields
of data processing, mechanical engineering and public
administration and shall require from the individual a written
report of the individual's examination.
(i) Within 30 days after completing the examination and upon
approval of any electronic or electromechanical voting system,
the Secretary of the Commonwealth shall make and maintain a
report on the system, together with a written or printed
description and drawings and photographs clearly identifying the
system and the operation thereof. As soon as practicable after
the filing, the Department of State shall send a notice of
certification and upon request, a copy of the report to county
boards in this Commonwealth.
(j) After a voting system has been approved by the Secretary
of the Commonwealth, any change or improvement in the system
must be approved by the Secretary of the Commonwealth prior to
the adoption of the change or improvement by a county. If the
change or improvement does not comply with the requirements of
this act, the Secretary of the Commonwealth shall suspend sales
of the equipment or system in this Commonwealth until the
equipment or system complies with the requirements of this act.
(k) The Secretary of the Commonwealth shall examine and
approve at least two accessible voting machines which meet the
requirements of section 1107-A.
(l) The Secretary of the Commonwealth shall examine and
approve all electronic or electromechanical devices used in the
casting, processing or tabulation of ballots or in the recording
of electors, including, but not limited to, ballot sorters,
envelope extractors and ballot scanners.
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(m) The examination and approval under subsection (l) shall
ensure that the device conforms with standards to provide
timeliness and accuracy in the casting and counting of ballots
or in the recording of electors.
Section 1107. Requirements of Voting Machines.--No voting
machine shall, upon any examination or reexamination, be
approved by the Secretary of the Commonwealth, or by any
examiner appointed by him, unless it shall, at the time, satisfy
the following requirements:
* * *
(u) It shall immediately reject a ballot if the number of
votes for an office or question exceeds the number which the
elector is entitled to cast or where the tabulating equipment
reads the ballot as a ballot with no votes cast.
(v) It shall be capable of providing records from which the
operation of the voting system may be audited.
(w) It shall be capable of recording votes from ballots of
different political parties from the same precinct, for a
primary election.
(x) It shall be manufactured in the United States and sold
by a vendor with a primary place of business within the United
States.
(y) It shall fully comply with the most recently adopted
Voluntary Voting System Guidelines developed by the Election
Assistance Commission.
(z) It shall retain ballots cast in the order in which the
ballots are cast, so that a direct comparison may be made
between the machine interpretation of an individual ballot and a
human interpretation of the same ballot.
(z.1) The requirements of subsections (u), (v), (w), (x),
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(y) and (z) shall apply only to machines newly examined or
approved by the Secretary of the Commonwealth after 2024.
Section 1111. Preparation of Voting Machines by County
Election Boards.--
* * *
(g) On any day not more than twenty-five days before the
commencement of voting, the county election board shall have the
automatic tabulating equipment publicly tested to ascertain if
the equipment will correctly count the votes cast for all
offices and on all measures. If the ballots to be used at the
polling place on election day are not available at the time of
the testing, the county election board may conduct an additional
test not more than ten days before election day. Public notice
of the time and place of the test shall be given at least forty-
eight hours prior to the test by publication on the county
election board's publicly accessible Internet website and once
in one or more newspapers of general circulation in the county
or, if there is no newspaper of general circulation in the
county, by posting the notice in at least four conspicuous
places in the county. The county election board shall provide
written notice to each candidate for election of the time and
location of the public preelection test. The test shall be open
to representatives of the political parties, the press and the
public and shall be video recorded and broadcast simultaneously
on a publicly accessible Internet website. Each political party
may designate one person with expertise in the computer field
who shall be allowed in the central counting room when tests are
being conducted and when the official votes are being counted.
The designee shall not interfere with the normal operation of
the canvassing board.
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(h) For electronic or electromechanical voting systems
configured to tabulate mail-in ballots or absentee ballots at a
central or regional site, the public testing shall be conducted
by processing a preaudited group of ballots so produced as to
record a predetermined number of valid votes for each candidate
and on each measure and to include one or more ballots for each
office which have activated voting positions in excess of the
number allowed by law in order to test the ability of the
automatic tabulating equipment to reject the votes. If an error
is detected, the cause of the error shall be corrected and an
errorless count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated and errorless
results must be achieved immediately before the start of the
official count of the ballots and again after the completion of
the official count. The programs and ballots used for testing
shall be sealed and retained under the custody of the county
election board.
(i) For electronic or electromechanical voting systems
configured to include electronic or electromechanical tabulation
devices which are distributed to the precincts, all or a sample
of the devices to be used in the election shall be publicly
tested. If a sample is to be tested, the sample shall consist of
a random selection of at least ten per cent of the devices. The
test shall be conducted by processing a group of ballots,
causing the device to output results for the ballots processed
and comparing the output of results to the results expected for
the ballots processed. The group of ballots shall be produced so
as to record a predetermined number of valid votes for each
candidate and on each measure and to include for each office one
or more ballots which have activated voting positions in excess
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of the number allowed by law in order to test the ability of the
tabulating device to reject such votes.
(j) If a tested tabulating device is found to have an error
in tabulation, it shall be deemed unsatisfactory. For each
device deemed unsatisfactory, the county election board shall
take steps to determine the cause of the error, shall attempt to
identify and test other devices that could reasonably be
expected to have the same error and shall test a number of
additional devices sufficient to determine that each device is
satisfactory. Upon deeming a device unsatisfactory, the county
election board may require all devices to be tested or may
declare that all devices are unsatisfactory.
(k) If the operation or output of any tested tabulation
device, such as spelling or the order of candidates on a report,
is in error, the problem shall be reported to the county
election board, which shall determine if the reported problem
warrants the county election board deeming the device
unsatisfactory.
(l) At the completion of testing under this section, the
county election board, the representatives of the political
parties and the candidates or their representatives who attended
the test shall witness the resetting of each device that passed
to a preelection state of readiness and the sealing of each
device that passed in such a manner as to secure its state o f
readiness until the opening of the polls.
(m) The county election board shall execute a written
statement setting forth the tabulation devices tested, the
results of the testing, the protective counter numbers, if
applicable, of each tabulation device, the number of the seal
securing each tabulation device at the conclusion of testing,
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any problems reported to the county election board as a result
of the testing and whether each device tested is satisfactory or
unsatisfactory.
(n) Any tabulating device deemed unsatisfactory shall be
recoded, repaired or replaced and shall be made available for
retesting. The device must be determined by the county election
board to be satisfactory before the device may be used in an
election. The county election board shall announce at the close
of the first testing the date, place and time that an
unsatisfactory device will be retested or may, at the option of
the county election board, notify by telephone each person who
was present at the first testing as to the date, place and time
that the retesting will occur.
(o) Records must be kept of all preelection testing of
electronic or electromechanical tabulation devices used in an
election. The records shall be present and available for
inspection and reference during public preelection testing by
any person in attendance during the testing. The need of the
county election board for access to the records during the
testing shall take precedence over the need of other attendees
to access such records so that the work of the county election
board will not be delayed or hindered. Records of testing must
include, for each device, the name of each person who tested the
device and the date, place, time and results of each test.
Records of testing shall be retained as part of the official
records of the election in which any device was used.
(p) The county election board shall submit a copy of all
records required under this section to the Office of the Auditor
General.
Section 8. Sections 1112(c)1 and 1117-A of the act are
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amended to read:
Section 1112. Delivery of Voting Machines and Supplies by
County Election Boards to Election Officers.--
* * *
(c) The county election board shall furnish, at the expense
of the county, and deliver with each voting machine:
1. A lantern, [or a] flashlight or other proper substitute
[for one], which, in case of a loss of electricity, shall give
sufficient light to enable voters, while in the voting machine
booth, to read the ballot labels, and suitable for the use of
election officers in examining the counters. The lantern, [or]
flashlight or other proper substitute therefor, shall be
prepared and in good order for use before the opening of the
polls.
* * *
Section 1117-A. [Statistical Sample.--The county board of
elections, as part of the computation and canvass of returns,
shall conduct a statistical recount of a random sample of
ballots after each election using manual, mechanical or
electronic devices of a type different than those used for the
specific election. The sample shall include at least two (2) per
centum of the votes cast or two thousand (2,000) votes whichever
is the lesser.] Risk-limiting Audit.--(a) The Department of
State, in conjunction with the county boards of elections, shall
conduct risk-limiting audits after each primary, general,
municipal and special elections completed by the third Friday
following the election in accordance with the requirements of
this section.
(b) The audit shall be conducted as follows:
(1) The Secretary of the Commonwealth shall randomly
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determine what contests shall be subject to a risk-limiting
audit;
(2) The Secretary of the Commonwealth shall provide notice
of the time and place of the random selection of the audit units
to be manually tallied and of the times and places of the
audits;
(3) The Secretary of the Commonwealth shall make available
to the public a report of the vote-tabulating device results for
the contest, including the results for each audit unit in the
contest, prior to the random selection of audit units to be
manually tallied and prior to the commencement of the audit;
(4) The Secretary of the Commonwealth, in conjunction with
the county board of elections, shall conduct the audit upon th e
tabulation of the unofficial returns; and
(5) The Secretary of the Commonwealth, in conjunction with
the county board of elections, shall conduct the audit in public
view by manually interpreting the ballots according to rules
established by the secretary.
(c) If a risk-limiting audit of a contest leads to a full
manual tally of the ballots cast using the voting system, the
vote counts according to that manual tally shall replace the
vote.
(d) The results of audits conducted under this section shall
be published on the website of the Department of State within
forty-eight hours of being accepted by the Secretary of the
Commonwealth. If the audit involved a manual tally of one or
more entire precincts, then the names and numbers of all
precincts audited and a comparison of the vote tabulator results
with the hand counts for each precinct shall be published with
the audit results on the Department of State's publicly
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accessible Internet website.
(e) Any audit required under this section shall not commence
for any election subject to a recount until the conclusion of
the recount.
(f) The Secretary of the Commonwealth shall promulgate
rules, regulations and procedures as necessary to implement this
section.
(g) For purposes of this section, the following terms shall
have the following meanings:
"Audit unit" means a precinct, a set of ballots or a single
ballot. A precinct, a set of ballots or a single ballot may be
used as an audit unit for purposes of the section only if all of
the following conditions are satisfied:
(1) the relevant vote-tabulating device is able to produce a
report of the votes cast in the precinct, set of ballots or
single ballot; and
(2) each ballot is assigned to not more than one audit unit.
"Contest" means and election for an office.
"Risk-limiting audit" means a manual tally employing a
statistical method that ensures a large, predetermined minimum
chance of requiring a full manual tally when a full manual tally
would show an electoral outcome that differs from the outcome
reported by the vote-tabulating system for the audited contest.
A risk-limiting audit shall begin with a hand tally of the votes
in one or more audit units and shall continue to hand tally
votes in additional audit units until there is strong
statistical evidence that the electoral outcome is correct. In
the event that counting additional audit units does not provide
strong statistical evidence that the electoral outcome is
correct, the audit shall continue until there has been a full
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manual tally to determine the correct electoral outcome of the
audited contest.
Section 9. The act is amended by adding sections to read:
Section 1123-A. Requirements of Accessible Voting
Machines.--An accessible voting machine may not, upon any
examination or reexamination, be approved by the Secretary of
the Commonwealth, or by an examiner appointed by the secretary,
unless the accessible voting devices satisfies the following
requirements:
(1) The voting system must provide a tactile input or audio
input device, or both.
(2) The voting system must provide a method by which voters
can confirm any tactile or audio input by having the capability
of audio output using synthetic or recorded human speech that is
reasonably phonetically accurate.
(3) Any operable controls on the input voting device which
are needed for voters who are visually impaired must be
discernible in a tactile manner without actuating the keys.
(4) Audio and visual access approaches must be able to work
both separately and simultaneously.
(5) If a nonaudio access approach is provided, the system
may not require color perception. The system must use black text
or graphics, or both, on white background or white text or
graphics, or both, on black background, unless the office of the
Secretary of the Commonwealth approves other high-contrast color
combinations that do not require color perception.
(6) A voting system that requires any visual perception must
offer the election official who programs the voting system,
prior to its being sent to the polling place, the capability to
set the font size, as it appears to the voter, from a minimum of
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fourteen points to a maximum of twenty-four points.
(7) The voting system must provide audio information,
including any audio output using synthetic or recorded human
speech or any auditory feedback tones that are important for the
use of the audio approach, through at least one mode, by handset
or headset, in enhanced auditory fashion through increased
amplification, and must provide incremental volume control with
output amplification up to a level of at least 97 db spl.
(8) For transmitted voice signals to the voter, the voting
system must provide a gain adjustable up to a minimum of 20 db
spl with at least one intermediate step of 12 db spl of gain.
(9) For the safety of others, if the voting system has the
possibility of exceeding 120 db spl, a mechanism must be
included to reset the volume automatically to the voting
system's default volume level after every use.
(10) If sound cues and audible information such as beeps are
used, there must be simultaneous corresponding visual cues and
information.
(11) Controls and operable mechanisms must be operable with
one hand, including operability with a closed fist and operable
without tight grasping, pinching or twisting of the wrist.
(12) The force required to operate or activate the controls
must be no greater than five pounds of force.
(13) Voting booths must have voting controls at a minimum
height of thirty-six inches above the finished floor with a
minimum knee clearance of twenty-seven inches high, thirty
inches wide and nineteen inches deep, or the accessible voter
interface devices must be designed so as to allow use on top of
a table to meet these requirements. Tabletop installations must
include adequate privacy.
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(14) Any audio ballot must provide the voter with the
following functionalities:
(i) After the initial instructions that the system requires
election officials to provide to each voter, the voter should be
able to independently operate the voter interface through the
final step of casting a ballot without assistance.
(ii) The voter must be able to determine the races that he
or she is allowed to vote in and to determine which candidates
are available in each race.
(iii) The voter must be able to determine how many
candida tes may be selected in each race.
(iv) The voter must be able to have confidence that the
physical or vocal inputs given to the system have selected the
candidates that he or she intended to select.
(v) The voter must be able to review the candidate
selections made.
(vi) Prior to the act of casting the ballot, the voter must
be able to change any selections previously made and confirm a
new selection.
(vii) The system must communicate to the voter the fact that
the voter has failed to vote in a race or has failed to vote the
number of allowable candidates in any race and require the voter
to confirm his or her intent to undervote before casting the
ballot.
(viii) The system must prevent the voter from overvoting any
race.
(ix) The voter must be able to input a candidate's name in
each race that allows a write-in candidate.
(x) The voter must be able to review his or her write-in
input to the interface, edit that input and confirm that the
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edits meet the voter's intent.
(xi) There must be a clear, identifiable action that the
voter takes to cast the ballot. The system must make clear to
the voter how to cast the ballot so that the voter has minimal
risk of taking the action accidentally but, when the voter
intends to cast the ballot, the action can be easily performed.
(xii) Once the ballot is cast, the system must confirm to
the voter that the ballot has been cast and that the voter's
process of voting is complete.
(xiii) Once the ballot is cast, the system must preclude the
voter from modifying the ballot cast or voting or casting
another ballot.
Section 1113-B. Voting system defects, disclosure,
investigations and penalties.
(a) (Reserved).
(b) Disclosure.--No later than January 1 of every odd-
numbered year, each vendor shall file a written disclosure with
the Department of State identifying any known defect in the
voting system or state that there is no known defect, the effect
of any defect on the operation and use of the approved voting
system and any known corrective measures to cure a defect,
including, but not limited to, advisories and bulletins issued
to system users.
(c) Cure of defect.--Implementation of corrective measures
approved by the Department of State which enable a system to
conform to the standards and ensure the timeliness an d accuracy
of the casting and counting of ballots constitutes a cure of a
defect.
(d) New defect.--If a vendor becomes aware of the existence
of a defect, the vendor must file a new disclosure with the
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Department of State as provided in subsection (a) within 30 days
of the date the vendor determined or reasonably should have
determined that the defect existed.
(e) Suspension.--If a vendor discloses to the Department of
State that a defect exists, the department may suspend all sales
or leases of the voting system in this Commonwealth and may
suspend the use of the voting system in any election in this
Commonwealth. The Department of State shall provide written
notice of a suspension under this subsection to the affected
vendor and county boards of elections. If the Department of
State determines that the defect no longer exists, the
Department of State shall lift the suspension and provide
written notice to each affected vendor and supervisor of
elections.
(f) Prohibition.--If a vendor fails to file a required
disclosure for a voting system previously approved by the
Department of State, that system may not be sold, leased or used
for elections in this Commonwealth until the voting system has
been submitted for examination and approval under this act. The
Department of State shall provide written notice to each county
board of elections that the system is no longer approved.
(g) Investigation.--If the Department of State has
reasonable cause to believe a voting system approved under this
act contains a defect either before, during or after an election
which has not been disclosed pursuant to this section, the
department shall investigate whether the voting system has a
defect.
(h) Initiation of investigation.--The Department of State
may independently initiate an investigation or upon the written
request of the county board of elections that purchased a voting
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system that contains the alleged defect.
(i) Notice of investigation.--Upon initiation of an
investigation, the Department of State shall provide written
notice to the vendor and each county board of elections.
(j) Notice of defect.--If the Department of State determines
by a preponderance of the evidence that a defect exists in the
voting system or that vendor failed to timely disclose a defect
under this section, the department shall provide written notice
to the affected vendor and county board of elections.
(k) Response.--A vendor who receives notice of a defect
shall, within ten days of receipt of the notice under subsection
(j), file a written response to the Department of State which:
(1) denies that the alleged defect exists or existed as
alleged by the department or that the vendor failed to timely
disclose a defect and sets forth the reasons for the denial;
or
(2) admits that the defect exists or existed as alleged
by the department or that the vendor failed to timely
disclose a defect.
(l) Cure.--If the defect has been cured, the vendor shall
provide an explanation of how the defect was cured.
(m) Failure to cure.--If the defect has not been cured, the
vendor shall inform the Department of State whether the defect
can be cured and shall provide the department with a plan for
curing the defect.
(n) Time frame.--If the defect can be cured, the Department
of State shall establish a time frame within which to cure the
defect.
(o) Action.--If, after receiving a response from the vendor,
the Department of State determines that a defect does not exist
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or has been cured within the time frame established by the
department, the department shall take no further action.
(p) Civil penalty.--If the Department of State determines
that a vendor failed to timely disclose a defect or that a
defect exists and a vendor has not filed a written response or
has fail ed to cure within the time frame established by the
department, or if the defect cannot be cured, the department
shall impose a civil penalty of $25,000 for the defect plus an
amount equal to the actual costs incurred by the department in
conducting the investigation.
(q) Administrative penalty.--If the Department of State
finds that a defect existed:
(1) The Department of State may suspend all sales and
leases of the voting system and may suspend its use in any
county in this Commonwealth. The Department of State shall
provide written notice of the suspension to each affected
vendor and county board of elections.
(2) If the Department of State determines that a defect
no longer exists in a voting system that has been suspended
from use under this section, the Department of State shall
lift the suspension and authorize the sale, lease and use of
the voting system in any election in the State. The
Department of State shall provide written notice that the
suspension has been lifted to each affected vendor and county
board of elections.
(3) If the defect cannot be cured, the Department of
State may disapprove the voting system for use in elections
in this Commonwealth. The Department of State shall provide
written notice to all supervisors of elections that the
system is no longer approved. After approval of a system that
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has been withdrawn under this paragraph, the system may not
be sold, leased or used in this Commonwealth until it has
been resubmitted for examination and approval and adopted for
use under this act.
(4) A vendor for whom a civil penalty was imposed under
this section may not submit a voting system for approval by
the Department of State or enter into a contract for sale or
lease of a voting system in this Commonwealth until each
civil penalty has been paid and the department provides
written confirmation of the payment to the county board of
elections.
(r) Report.--The Department of State shall prepare a written
report of any investigation conducted pursuant to this section
and submit the report to the President pro tempore of the
Senate, the Speaker of the House of Representatives, the
Majority Leader and Minority Leader of the Senate, the Majority
Leader and Minority Leader of the House of Representatives, 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.
(s) Authority.--The authority of the Department of State
under this section shall be in addition to, and not exclusive
of, any other authority provided by law.
(t) Definition.--For the purposes of this section, the term
"defect" means a failure, fault or flaw in an electronic or
electro-mechanic voting system approved under this act, which
results in nonconformance with the standards in a manner that
affects the timeliness or accuracy of the casting or counting of
ballots or a failure or inability of the voting system
manufacturer or vendor to make available and provide approved
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replacements of hardware or software to the counties that have
purchased the approved voting system, the unavailability of
which results in the system's nonconformance with the standards
in a manner that affects the timeliness or accuracy of the
casting or counting of ballots.
Section 1201.3. Voter's Bill of Rights.--Each registered
voter in this Commonwealth shall have the right to:
(1) Vote and have his or her vote accurately counted.
(2) Cast a vote if he or she is in line at the time of the
closing of polls.
(3) Ask for and receive assistance in voting.
(4) Receive up to two replacement ballots if he or she makes
a mistake prior to the ballot being cast.
(5) Receive an explanation if his or her registration or
identity is in question.
(6) Cast a provisional ballot, if his or her registration or
identity is in question.
(7) Receive written instructions to use when voting and,
upon request, oral instructions from elections officers to use
when voting.
(8) Vote free from coercion or intimidation by elections
officers or any other person.
(9) Vote on a voting system that is in working condition and
that will allow votes to be accurately cast and accurately
counted.
Section 1201.4. Senior Voter's Bill of Rights.--In addition
to the rights of a voter under section 1201.3, a voter in this
Commonwealth who is seventy years of age or older shall have the
right to:
(1) Receive any assistance necessary to successfully cast a
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ballot.
(2) Move to the front of the line upon arrival at a polling
place.
(3) Receive assistance through supervised voting under
section 1306.2.
Section 1201.5. Disabled Voter's Bill of Rights.--In
addition to the rights of a voter under section 1201.3, a voter
in this Commonwealth who is disabled shall have the right to:
(1) Receive any assistance necessary to successfully cast a
ballot.
(2) Move to the front of the line upon arrival at a polling
place.
(3) Bring into a polling place or elections office a service
animal qualified under the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
(4) Vote using an accessible voting machine approved under
this act.
(5) Have all polling places in this Commonwealth meet
accessibility requirements under the Americans with Disabilities
Act of 1990.
(6) Request a ballot be brought by election officers outside
the polling place of the qualified elector, provided that:
(i) A qualified elector's vote under this section shall be
cast within one hundred fifty feet of the entrance to the
polling place.
(ii) The qualified elector shall mark the ballot in the
presence of the judge of elections or county election official.
(iii) The qualified elector shall mark the ballot in a
secret manner and, obscuring the vote, return the ballot to the
Judge of elections or county election official. The judge of
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elections or county election official shall immediately return
to the polling place and deposit the ballot in the voting
machine.
(iv) The district register utilized by the polling place
shall be brought to the qualified elector, if possible, or
otherwise made to record the qualified elector's participation
in the election.
(v) A record shall be made of each elector voting under this
section and of each Judge of elections or county election
official assisting in the casting of each such ballot.
Section 10. Sections 1205, 1210(a.3)(4) and 1302(i)(2) of
the act are amended to read:
Section 1205. Time for Opening and Closing Polls.--At all
primaries and elections the polls shall be opened at 7 A.M.[,
Eastern Standard Time,] local time and shall remain open
continuously until 8 P.M.[, Eastern Standard Time] local time,
at which time they shall be closed.
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.3) * * *
(4) As each voter is found to be qualified and votes, the
election officer in charge of the district register shall [write
or stamp] record the date of the election or primary, his number
in the order of admission to the voting machines, and at
primaries a letter or abbreviation designating the party in
whose primary he votes, and shall sign his name or initials in
the proper space on the registration card of such voter
contained in the district register.
* * *
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Section 1302. Applications for Official Absentee Ballots.--*
* *
(i) * * *
(2) Nothing in this act shall prohibit a private
organization or individual from printing blank voter
applications for absentee ballots or shall prohibit the use of
such applications by another individual, provided the form,
content and paper quality have been approved by the Secretary of
the Commonwealth. Voter applications of absentee ballots
distributed under this section must clearly indicate that they
have not been sent or distributed by a county or by the
Department of State and must be blank upon distribution to an
elector.
* * *
Section 11. Section 1306(a) introductory paragraph of the
act, amended March 27, 2020 (P.L.41, No.12), is amended and the
section is amended by adding a subsection to read:
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before eight o'clock P.M.
the day of the primary or election, the elector shall, in
secret, proceed to mark the ballot only in black lead pencil,
indelible pencil or blue, black or blue-black ink, in fountain
pen or ball point pen, and then fold the ballot, enclose and
securely seal the same in the envelope on which is printed,
stamped or endorsed "Official Election Ballot." This envelope
shall then be placed in the second one, on which is printed the
form of declaration of the elector, and the address of the
elector's county board of election and the local election
district of the elector. The elector shall then fill out, date
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and sign the declaration printed on such envelope. [Such
envelope shall then be securely sealed and the elector shall
send same by mail, postage prepaid, except where franked, or
deliver it in person to said county board of election.]
* * *
(a.1) The elector shall, prior to eight o'clock P.M. on
election day, return his or her completed absentee ballot by one
of the following methods only:
(1) Delivery through the United States Postal Service to the
offices of his or her county board of elections.
(2) Delivery in person to the permanent offices of his or
her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return site established under
section 313.
(4) Nothing in this section shall be construed to prohibit
an elector from returning the completed ballot of another member
of his household, registered at the same residentia l address and
unit number, or prohibit an elector from returning a completed
ballot of an elector for whom they are appointed as Power of
Attorney with valid proof thereof.
* * *
Section 12. The act is amended by adding a section to read:
Section 1306.2. Supervised Voting by Qualified Absentee
Electors in Certain Facilities.--(a) The county board of
elections shall provide supervised voting for absent electors
residing in an assisted living facility or nursing home facility
within that county at the request of an administrator of the
facility. The request for supervised voting in the facility
shall be made by submitting a written request to the board of
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elections no later than twenty-one days prior to the election
for which that request is submitted. The request shall specify
the name and address of the facility and the name of electors
who wish to vote absentee in that election. If the request
contains the names of fewer than five voters, the board of
elections is not required to provide supervised voting.
(b) The county board of elections may, in the absence of a
request from the administrator of a facility, provide for
supervised voting in the facility for persons who have requested
an absentee ballot. The county board of elections shall notify
the administrator of a facility that supervised voting will
occur.
(c) The county board of elections shall, in cooperation with
the administrator of a facility, select a date and time when the
supervised voting will occur.
(d) The county board of elections shall designate supervised
voting teams to provide services prescribed by this section.
Each supervised voting team shall include at least two persons.
Each supervised voting team must include representatives of at
least the two parties with the largest number of registered
electors in this Commonwealth, except that, in a primary
election to nominate party nominees in which only one party has
candidates appearing on the ballot, each supervised voting team
members may be of only that party. A candidate may not provide
supervised voting services.
(e) The supervised voting team shall deliver the ballots to
the respective absentee electors and each member of the team
shall jointly supervise the voting of the ballots. If an elector
requests assistance in voting, the oath prescribed under this
act shall be completed and the elector may receive the
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assistance of two members of the supervised voting team or some
other person of the elector's choice to assist the elector in
casting the elector's ballot.
(f) Before providing assistance, the supervised voting team
shall disclose to the elector that the ballot may be retained to
vote at a later time and that the elector has the right to seek
assistance in voting from some other person of the elector's
choice without the presence of the supervised voting team.
(g) If an elector declines to vote a ballot or is unable to
vote a ballot, the supervised voting team shall mark the ballot
"refused to vote" or "unable to vote."
(h) After the ballots have been voted or marked in
accordance with the provisions of this section, the supervised
voting team shall deliver the ballots to the county board of
elections.
(i) The Department of State shall provide training and
information to assisted living facilities and nursing home
facilities in order to assist residents in voting, including
applicable laws regarding assistance in voting and penalties for
violation of election laws.
Section 13. Sections 1308(g) and 1302-D(g) of the act,
amended March 27, 2020 (P.L.41, No.12), are amended to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) (1) (i) An absentee ballot cast by any 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).
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(ii) 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) 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] seven days prior to 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, one authorized representative of the county
chairperson of each political party and one representative
[from] of each political party shall be permitted to remain in
the room in which the absentee ballots and mail-in ballots are
pre-canvassed. Authorized representatives shall be provided with
meaningful access to view and observe the entire process of pre-
canvassing or canvassing activities. A county board of elections
must designate an official to respond to issues reported by
authorized representatives. The Department of State shall
establish a procedure for authorized representatives to report
any concerns arising from any pre-canvass meeting and the
department must investigate and report on any concerns raised in
each election. A county board of elections shall record the pre-
canvassing and canvassing meetings with audio and visual
recording. The entire recording under this section shall be made
available only after the close of the polls. No person
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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.
(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
eight o'clock A.M. on the [third] day following the election to
begin canvassing absentee ballots and mail-in ballots not
included in the pre-canvass meeting. The meeting under this
paragraph shall continue until all absentee ballots and mail-in
ballots received prior to the close of the polls 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. § 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 or canvass
absentee ballots and mail-in ballots under paragraphs (1), (1.1)
and (2), the board shall [examine] do all of the following:
(i) 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
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Voters File," whichever is applicable.
(ii) A county board of elections shall use an automated
sorting or extracting machine to assist in its processing of
absentee ballots and mail-in ballots.
(iii) 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 or
canvassed.
(iv) For absentee ballots or mail-in ballots which the
declaration of the elector is incomplete, or are unsigned or
undated, the county board shall notify the elector by mail,
email, telephone or text message that the elector's ballot is
incomplete and will not be counted unless action is taken by the
elector prior to the closing of polls on election day.
(v) For absentee ballots or mail-in ballots for which it is
discovered during the pre-canvassing or canvassing process that
the official election ballot envelope was not included or
unidentifiable marks are placed on the envelope, then the county
board shall place and seal the ballot into an empty official
election ballot envelope and place he secured envelope with the
other removed official election ballot envelopes to be
tabulated.
(4) All absentee ballots which have not been challenged
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
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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 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.
(5) Ballots received whose applications have been challenged
and ballots which have been challenged shall be placed unopened
in a secure, safe and sealed container in the custody of the
county board until it shall fix a time and place for a formal
hearing of all such challenges, and notice shall be given where
possible to all absentee electors and mail-in electors thus
challenged and to every individual who made a challenge. The
time for the hearing shall not be later than seven (7) days
after the deadline for all challenges to be filed. On the day
fixed for said hearing, the county board shall proceed without
delay to hear said challenges, and, in hearing the testimony,
the county board shall not be bound by the Pennsylvania Rules of
Evidence. The testimony presented shall be stenographically
recorded and made part of the record of the hearing.
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(6) The decision of the county board in upholding or
dismissing any challenge may be reviewed by the court of common
pleas of the county upon a petition filed by any person
aggrieved by the decision of the county board. The appeal shall
be taken, within two (2) days after the decision was made,
whether the decision was reduced to writing or not, to the court
of common pleas setting forth the objections to the county
board's decision and praying for an order reversing the
decision.
(7) Pending the final determination of all appeals, the
county board shall suspend any action in canvassing and
computing all challenged ballots received under this subsection
irrespective of whether or not appeal was taken from the county
board's decision. Upon completion of the computation of the
returns of the county, the votes cast upon the challenged
official absentee ballots that have been finally determined to
be valid shall be added to the other votes cast within the
county.
* * *
Section 1302-D. Applications for official mail-in ballots.
* * *
(g) Permanent mail-in voting list.--
(1) Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
during the calendar year. A mail-in ballot application shall
be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
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required by this act. A mail-in ballot application mailed to
an elector under this section, which is completed and timely
returned by the elector, shall serve as an application for
any and all primary, general or special elections to be held
in the remainder of that calendar year and for all [special]
elections to be held [before the third Monday in February of
the succeeding year] in subsequent years until an elector
requests to be removed.
(2) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may
apply for a mail-in ballot and request permanent mail-in
voter status under this section, provided the system is able
to capture a digitized or electronic signature of the
applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
(3) The transfer of a qualified registered elector on a
permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector.
Section 14. Section 1302.1-D(a) of the act is amended to
read:
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall be
received in the office of the county board of elections not
earlier than 50 days before the primary or election, except that
if a county board of elections determines that it would be
appropriate to the county board of elections' operational needs,
any applications for mail-in ballots received more than 50 days
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before the primary or election may be processed before that
time. Applications for mail-in ballots shall be processed if
received not later than five o'clock P.M. of the [first Tuesday]
fourteenth day prior to the day of any primary or election.
* * *
Section 15. Section 1306-D(a) of the act, amended March 27,
2020 (P.L.41, No.12), is amended and the section is amended by
adding a subsection to read:
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in elector shall, in secret,
proceed to mark the ballot only in black lead pencil, indelible
pencil or blue, black or blue-black ink, in fountain pen or ball
point pen, and then fold the ballot, enclose and securely seal
the same in the envelope on which is printed, stamped or
endorsed "Official Election Ballot." This envelope shall then be
placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
county board of election and the local election district of the
elector. The elector shall then fill out, date and sign the
declaration printed on such envelope. [Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election.]
* * *
(a.2) Return of completed mail-in ballots.--The elector
shall, prior to eight o'clock P.M. on election day, return their
completed mail-in ballot by one of the following methods only:
(1) Delivery through the United States Postal Service to
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the offices of his county board of elections.
(2) Delivery in person to the permanent offices of his
or her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return site established under
section 313.
(4) Nothing in this section shall be construed to
prohibit an elector from returning the completed ballot of
another member of his household, registered at the same
residential address and unit number, or prohibit an elector
from returning a completed ballot of an elector for whom they
are appointed as Power of Attorney with valid proof thereof.
* * *
Section 16. The act is amended by adding an article to read:
ARTICLE XIII-F
EARLY VOTING BY QUALIFIED ELECTORS
Section 1301-F. In-person early voting.
Beginning with the 2025 primary election, and for each
election thereafter, each county board of elections must provide
electors with the opportunity to vote at an early voting center,
prior to election day.
Section 1302-F. Operation.
The following shall apply:
(1) Each early voting center shall be considered a
county board of elections office for the purposes of this
act.
(2) Early voting centers may be established beginning on
the second Friday prior to an election and ending on the
first Wednesday prior to an election. A county shall operate
a minimum of one early voting center center.
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(3) Early voting centers may be open from 7 A.M to 8
P.M. each day.
(4) The county board of elections shall provide notice
prior to the establishment of any early voting center,
including location and intended hours of operation.
(5) A county may establish early voting centers,
distributed throughout the county so as to ensure equal
access to all voters.
(6) An early voting center shall utilize electronic poll
books with the capability of printing the appropriate ballot
for that elector.
(7) Each early voting center must be accessible under
the requirements of the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
(8) Voting at early voting centers shall be conducted
using the same type of voting machines utilized by that
county on election day.
(9) An early voting center shall be continually secured,
monitored by staff and monitored by video recording from the
beginning of the period provided for early voting until the
end, including overnight. Video recording shall be retained
and made available publicly.
Section 1303-F. Reimbursement.
Counties shall be reimbursed by the Department of State for
half of the costs incurred in the operation of early voting
centers.
Section 17. Sections 1404(f), 1801, 1802, 1802.1, 1803,
1804, 1805, 1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813,
1814, 1815, 1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824,
1825, 1826, 1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834,
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1835, 1836, 1837, 1838, 1839, 1840, 1841, 1843, 1845, 1847,
1848, 1849 and 1850 of the act are amended to read:
Section 1404. Computation of Returns by County Board;
Certification; Issuance of Certificates of Election.--
* * *
(f) As the returns from each election district are read,
computed and found to be correct or corrected as aforesaid, they
shall be recorded on the blanks prepared for the purpose until
all the returns from the various election districts which are
entitled to be counted shall have been duly recorded, when they
shall be added together, announced and attested by the clerks
who made and computed the entries respectively and signed by the
members of the county board. Returns under this subsection shall
be considered unofficial for five (5) days. The county board
shall submit the unofficial returns to the Secretary of the
Commonwealth [by five o'clock P. M. on the Tuesday following the
election] incrementally and as often as practicable until all
returns have been submitted. The submission shall be as directed
by the secretary for 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. The unofficial returns shall be posted to
the Department of State 's publicly accessible Internet website
and to each county board of elections' publicly accessible
Internet website. The Secretary of the Commonwealth shall
establish, for the use of each website displaying unofficial
returns, a consistent template and interface which shall
provide, in electronic spreadsheet form:
(1) The total number of ballots voted in this Commonwealth,
in each county and in each voting district.
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(2) The total number of ballots voted by electors under each
article of this act.
(3) The votes recorded for each candidate or question, in
each voting district and each county, and the sum for the
Commonwealth, including the number of votes received by each
candidate or question under each article of this act.
(4) The percentage of voting districts having reported
results.
(5) The percentage of registered electors who are recorded
as having voted in this Commonwealth, each county and each
voting district.
(6) The total number of registered electors in this
Commonwealth, each county and each voting district.
(7) The total number of mail-in ballots and absentee ballots
sent by each county and the sum for this Commonwealth.
(8) The total number of overseas and military ballots
mailed.
(9) A website displaying unofficial returns shall provide an
interactive map allowing the information under paragraphs (1),
(2), (3), (4), (5), (6), (7) and (8) to be viewed for each
election district, county and this Commonwealth. At any time
that unofficial results data previously posted to the Department
of State or a county's publicly accessible Internet website is
amended, corrected, deleted or updated in a manner other than
the inclusion of additional results, the department and an
affected county shall post a disclosure to the unofficial
returns website explicitly noting the time such update occurred,
the reason and the impact on unofficial returns. At the
expiration of five (5) days after the completion of the
computation of votes, in case no petition for a recount or
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recanvass has been filed in accordance with the provisions of
this act, or upon the completion of the recount or recanvass if
a petition therefor has been filed within five (5) days after
the completion of the computation of votes, the county board
shall certify the returns so computed in said county in the
manner required by this act, unless upon appeals taken from any
decision, the court of common pleas shall have directed any
returns to be revised, or unless in case of a recount, errors in
the said returns shall have been found, in which case said
returns shall be revised, corrected and certified accordingly.
The county board shall thereupon, in the case of elections,
issue certificates of election to the successful candidates for
all county, city, borough, township, ward, school district, poor
district and election offices, and local party offices to be
filled by the votes of the electors of said county, or of any
part thereof.
* * *
Section 1801. Disobeying Lawful Instructions.--Any person
who wilfully disobeys any lawful instruction or order of any
county board of elections, or who refuses to obey their subpoena
duly issued and served under the provisions of this act, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [five hundred ($500)]
one thousand ($1,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1802. Perjury.--Any wilful false statement made
under oath or affirmation or in writing, stating that it is so
made, although such oath or affirmation may not have actually
been made, by any person regarding any material matter or thing
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relating to any subject being investigated, heard, determined or
acted upon by any county board of elections, or member thereof,
or by any court or judge thereof, judge of election, inspector
of election, or overseer, in accordance with the terms of this
act, shall be perjury, a misdemeanor of the first degree, and
any person, upon conviction thereof, shall be sentenced to pay a
fine not exceeding [ten thousand ($10,000)] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [five (5)] ten (10) years, or both, in the discretion of
the court.
Section 1802.1. False Affidavits of Candidates.--Any
candidate for State, county, city, borough, incorporated town,
township or school district office or for the office of United
States Senator or Representative in Congress or any other
elective public office who knowingly makes a false statement
regarding his eligibility or qualifications for such office in
his candidate's affidavit shall, in litigation which results in
the removal of the candidate from the ballot, be liable for
court costs, including filing fees, attorney fees, investigation
fees and similar costs, in an amount up to [ten thousand
($10,000)] twenty thousand ($20,000) dollars.
Section 1803. Refusal to Permit Inspection of Papers;
Destruction or Removal; Secretary of the Commonwealth.--Any
Secretary of the Commonwealth, deputy, or employe of his office,
who shall refuse to permit the public inspection or copying as
authorized, except when in use in his office, by this act, of
any return, nomination petition, certificate or paper, other
petition, account, contract, report or any other document or
record in his custody which, under the provisions of this act,
is required to be open to public inspection; or who shall
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destroy or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in his office; or who shall remove any such
document or record from his office during said period, or permit
the same to be removed, except pursuant to the direction of any
competent court or any committee required to determine any
contested primary or election, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000)] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [one (1)
month] two (2) months nor more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1804. Refusal to Permit Inspection of Papers;
Destruction or Removal; County Boards of Elections.--Any member,
chief clerk or other employe of any county board of elections,
who shall refuse to permit the public inspection or copying, as
authorized by this act, of any general or duplicate return
sheet, tally paper, affidavit, nomination petition, certificate
or paper, other petition, witness list, account, contract,
report or any other document or record in the custody of such
county board which, under the provisions of this act, is
required to be open to public inspection; or who shall destroy
or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in the office of such county board; or who
shall remove any such document or record from the office of such
county board during said period, or permit the same to be
removed, except pursuant to the direction of any competent court
or any committee required to determine any contested primary or
election, shall be guilty of a misdemeanor, and, upon conviction
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thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [one (1) month] two (2) months
nor more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1805. Insertion and Alteration of Entries in
Documents; Removal; Refusal to Deliver.--Any member, chief clerk
or employe of any county board of elections or judge, inspector
or clerk of election, machine inspector, overseer, or other
person, who knowingly inserts or knowingly permits to be
inserted any fictitious name, false figure or other fraudulent
entry on or in any registration card, district register, voter's
certificate, list of voters, affidavit, tally paper, general or
duplicate return sheet, statement, certificate, oath, voucher,
account, ballot or other record or document authorized or
required to be made, used, signed, returned or preserved for any
public purpose in connection with any primary or election; or
who materially alters or intentionally destroys any entry which
has been lawfully made therein, except by order of the county
board of elections or court of competent jurisdiction, or who
takes or removes any such book, affidavit, return, account,
ballot or other document or record from the custody of any
person having lawful charge thereof, in order to prevent the
same from being used or inspected or copied as required or
permitted by this act, or who neglects or refuses, within the
time and in the manner required by this act, to deliver the same
into the custody of the officers who are required by this act to
use or keep the same, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
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or to undergo an imprisonment of not less than [one (1) month]
two (2) months or more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1806. Refusal to Permit Overseers, Watchers,
Attorneys or Candidates to Act.--Any member of a county board of
elections, judge of election or inspector of election who shall
refuse to permit any overseer or watcher, attorney or candidate
to be present, as authorized by this act, at any session of a
county board, computation and canvassing of returns of any
primary or election, recount of ballots or recanvass of voting
machines, as authorized by this act, or at any polling place
during the time the polls are open at any primary or election,
and after the close of the polls during the time the ballots are
counted or voting machine canvassed and until the returns of
such primary or election have been made up and signed, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1807. Driving away Watchers, Attorneys, Candidates
or Overseers.--Any person who by violence or intimidation shall
threaten or drive away any watcher, attorney, candidate or
overseer, or representative of the county board of elections, or
of the Secretary of the Commonwealth, required or permitted to
be present at any polling place, or who shall in any manner
prevent any overseer, or representative of the county board of
elections or of the Secretary of the Commonwealth from
performing his duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
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pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not less than
[one (1) month] two (2) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1808. Refusal to Permit Election Officers, Clerks
and Machine Inspectors to Act; Driving away Said Persons.--Any
person, including any election officer, who shall refuse to
permit any election officer, clerk or machine inspector, duly
elected or appointed and authorized to act, to perform the
duties imposed on him or to act as permitted by this act; or who
shall by violence or intimidation threaten or drive away, any
such election officer, clerk or machine inspector or who shall,
in any manner, prevent any such election officer, clerk or
machine inspector from performing his rights and duties under
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [one (1) month] two (2) months
or more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1809. Refusal to Administer Oath; Acting Without
Being Sworn.--If any judge of election or minority inspector of
election refuses or fails to administer the oath to the officers
of election, in the manner required by this act, or if any judge
of election, inspector of election, clerk of election, or
machine inspector, shall act without being first duly sworn, or
if any such person shall sign the written form of oath without
being duly sworn, or if any judge of election or minority
inspector of election or any other person authorized to
administer oaths shall certify that any such person was sworn
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when he was not, he shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one hundred ($100)] two hundred ($200) dollars, or to
undergo an imprisonment not exceeding [six (6) months] one (1)
year, or both, in the discretion of the court.
Section 1810. Violation of Oath of Office by Election
Officers.--Any judge of election, inspector of election, clerk
of election, or machine inspector who shall wilfully violate any
of the provisions of his oath of office, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment not exceeding
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1811. Peace Officers; Failure to Render Assistance;
Hindering or Delaying County Board Members and Others.--Any
sheriff, deputy sheriff, constable, deputy constable, police or
other peace officer, who shall fail upon demand of any member of
a county board of elections, judge or inspector of election, or
overseer to render such aid and assistance to him as he shall
request in the maintenance of peace and in the making of
arrests, as herein provided, or who shall wilfully hinder or
delay or attempt to hinder or delay any member of a county
board, judge or inspector of election, or overseer in the
performance of any duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [five hundred ($500)] one thousand
($1,000) dollars, or to undergo an imprisonment of not less than
[three (3)] six (6) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
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Section 1812. Nomination Petitions and Papers; Offenses by
Signers.--If any person shall knowingly and wilfully sign any
nomination petition or nomination paper, without having the
qualifications prescribed by this act, or if any person shall
set opposite a signature on a nomination petition or paper, a
date other than the actual date such signature was affixed
thereto, or if any person shall set opposite the signature on a
nomination petition or nomination paper, a false statement of
the signer's place of residence or occupation, or if any person
shall sign more nomination petitions or nomination papers than
permitted by the provisions of this act, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one hundred ($100)] two hundred ($200)
dollars, or to undergo an imprisonment of not less than [three
(3)] six (6) months nor more than [two (2)] four (4) years, or
both, at the discretion of the court.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers.--If any person shall knowingly make a
false statement in any affidavit required by the provisions of
this act, to be appended to or to accompany a nomination
petition or a nomination paper, or if any person shall
fraudulently sign any name not his own to any nomination
petition or nomination paper, or if any person shall
fraudulently alter any nomination petition or nomination paper
without the consent of the signers, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [five hundred ($500)] one thousand
($1,000) dollars, or to undergo imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
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Section 1814. Nomination Petitions; Certificates and Papers;
Destruction; Fraudulent Filing; Suppression.--Any person who
shall falsely make any nomination certificate or who shall
wilfully deface or destroy any nomination petition, nomination
certificate or nomination paper, or any part thereof, or any
letter of withdrawal, or who shall file any nomination petition,
nomination certificate or nomination paper or letter of
withdrawal knowing the same, or any part thereof, to be falsely
made, or who shall suppress any nomination petition, nomination
certificate or nomination paper, or any part thereof, which has
been duly filed, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1815. Offenses by Printers of Ballots.--Any printer
employed by any county board of elections to print any official
ballots, or any person engaged in printing the same who shall
appropriate to himself or give or deliver or knowingly permit to
be taken any of said ballots by any other person than such
county board of election or their duly authorized agent, or who
shall wilfully print or cause to be printed any official ballot
in any form other than that prescribed by such county board or
with any other names or printing, or with the names spelled
otherwise than as directed by them or the names or printing
thereon arranged in any other way than that authorized and
directed by this act, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not less than [six (6) months]
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one (1) year nor more than [five (5)] ten (10) years, or both,
in the discretion of the court.
Section 1816. Unlawful Possession of Ballots; Counterfeiting
Ballots.--Any person other than an officer charged by law with
the care of ballots, or a person entrusted by any such officer
with the care of the same for a purpose required by law, who
shall have in his possession outside the polling place any
official ballot, or any person who shall make or have in his
possession any counterfeit of an official ballot, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five thousand ($5,000)] ten thousand ($10,000)
dollars, or to undergo an imprisonment of not more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1817. Forging and Destroying Ballots.--Any person
who shall forge or falsely make the official endorsement on any
ballot or wilfully destroy or deface any ballot or wilfully
delay the delivery of any ballots shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1818. Tampering with Voting Machines.--Any election
officer or other person who shall unlawfully open or who shall
tamper with or injure or attempt to injure any voting machine to
be used or being used at any primary or election, or who shall
prevent or attempt to prevent the correct operation of such
machine, or any unauthorized person who shall make or have in
his possession a key to a voting machine to be used or being
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used in any primary or election, shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1819. Destroying, Defacing or Removing Notices, Et
Cetera.--Any person who shall, prior to any primary or election,
wilfully deface, remove or destroy any notice or list of
candidates posted in accordance with the provisions of this act,
or who, during any primary or election, shall wilfully deface,
tear down, remove or destroy any card of instructions, notice of
penalties, specimen ballot or diagram printed or posted for the
instruction of electors, or who shall, during any primary or
election, wilfully remove or destroy any of the supplies or
conveniences furnished by the county board of elections to any
polling place in order to enable electors to vote, or the
election officers to perform their duties, or who shall wilfully
hinder the voting of others, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one hundred ($100)] two hundred ($200) dollars,
or to undergo an imprisonment of not more than [three (3)] six
(6) months, or both, in the discretion of the court.
Section 1820. Police Officers at Polling Places.--Any police
officer in commission, whether in uniform or in citizen's
clothes, who shall be within one hundred (100) feet of a polling
place during the conduct of any primary or election, except in
the exercise of his privilege of voting or for the purpose of
serving warrants, or in accordance with the provisions of the
exception set forth in section 1207 of this act where the police
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station or headquarters is located in the same building or on
the premises where the polling place is located or unless called
upon to preserve the peace, as provided by this act, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1821. Peace Officer; Failure to Quell Disturbances
at Polls; Hindering or Delaying Election Officers and Others.--
Any mayor, chief burgess, sheriff, deputy sheriff, constable,
deputy constable, police officer or other peace officer who
shall neglect or refuse to clear an avenue to the door of any
polling place which is obstructed in such a way as to prevent
electors from approaching, or who shall neglect or refuse to
maintain order and quell any disturbance if such arises at any
polling place upon the day of any primary or election, when
called upon so to do by any election officer or any three
qualified electors of the election district, or who shall
wilfully hinder or delay, or attempt to hinder or delay, any
judge, inspector or clerk of election, machine inspector or
overseer in the performance of any duty under this act, shall be
guilty of a misdemeanor in office, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment of not more than [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1823. Election Officers Permitting Unregistered
Electors to Vote; Challenges; Refusing to Permit Qualified
Electors to Vote.--Any judge or inspector of election who
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permits any person to vote at any primary or election who is not
registered in accordance with law, except a person in actual
military service or a person as to whom a court of competent
jurisdiction has ordered that he shall be permitted to vote, or
who permits any registered elector to vote knowing that such
registered elector is not qualified to vote, whether or not such
person has been challenged, or who permits any person who has
been lawfully challenged to vote at any primary or election
without requiring the proof of the right of such person to vote
which is required by law, or who refuses to permit any duly
registered and qualified elector to vote at any primary or
election, with the knowledge that such elector is entitled to
vote, shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, and to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both.
Section 1824. Election Officers Refusing to Permit Elector
to Vote in Proper Party at Primaries.--Any judge, inspector or
clerk of election who refuses to permit an elector at any
primary at which ballots are used to receive the ballot of the
party with which he is enrolled, or who gives to any such
elector the ballot of any party in which he is not enrolled, or
any judge, or inspector of election, or machine inspector who,
at any primary at which voting machines are used, adjusts any
voting machine about to be used by an elector so as not to
permit him to vote for the candidates of the party in which he
is enrolled, or so as to permit him to vote for the candidates
of any party in which he is not enrolled, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
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shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1825. Frauds by Election Officers.--Any judge,
inspector or clerk of election or machine inspector who shall be
guilty of any wilful fraud in the conduct of his duties at a
primary or election, and any person who shall make a false
return of the votes cast at any primary or election, or who
shall deposit fraudulent ballots in the ballot box or certify as
correct a return of ballots in the ballot box which he knows to
be fraudulent, or who shall register fraudulent votes upon any
voting machine or certify as correct a return of votes cast upon
any voting machine which he knows to be fraudulently registered
thereon, or who shall make any false entries in the district
register, or who shall fail to insert in the voting check list
the voter's certificate of any elector actually voting at any
primary or election, or who shall fail to record voting
information as required herein, or who shall fail to insert in
the numbered lists of voters the name of any person actually
voting, or who shall wilfully destroy or alter any ballot,
voter's certificate, or registration card contained in any
district register, or who shall wilfully tamper with any voting
machine, or who shall prepare or insert in the voting check list
any false voter's certificates not prepared by or for an elector
actually voting at such primary or election, for the purpose of
concealing the destruction or removal of any voter's
certificate, or for the purpose of concealing the deposit of
fraudulent ballots in the ballot box, or the registering of
fraudulent votes upon any voting machine or of aiding in the
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perpetration of any such fraud, or who shall fail to return to
the county board of election following any primary or election
any keys of a voting machine, ballot box, general or duplicate
return sheet, tally paper, oaths of election officers,
affidavits of electors and others, record of assisted voters,
numbered list of voters, district register, voting check list,
unused, spoiled and cancelled ballots, ballots deposited,
written or affixed in or upon a voting machine, or any
certificate, or any other paper or record required to be
returned under the provisions of this act; or who shall conspire
with others to commit any of the offenses herein mentioned, or
in any manner to prevent a free and fair primary or election,
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1826. Prying into Ballots.--Any judge, inspector or
clerk of election, or other person, who, before any ballot is
deposited in the ballot box as provided by this act, shall
unfold, open or pry into any such ballot, with the intent to
discover the manner in which the same has been marked, shall be
guilty of a misdemeanor, and upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1827. Interference with Primaries and Elections;
Frauds; Conspiracy.--If any person shall prevent or attempt to
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prevent any election officers from holding any primary or
election, under the provisions of this act, or shall use or
threaten any violence to any such officer; or shall interrupt or
improperly interfere with him in the execution of his duty; or
shall block up or attempt to block up the avenue to the door of
any polling place; or shall use or practice any intimidation,
threats, force or violence with design to influence unduly or
overawe any elector, or to prevent him from voting or restrain
his freedom of choice; or shall prepare or present to any
election officer a fraudulent voter's certificate not signed in
the polling place by the elector whose certificate it purports
to be; or shall deposit fraudulent ballots in the ballot box; or
shall register fraudulent votes upon any voting machine; or
shall tamper with any district register, voting check list,
numbered lists of voters, ballot box or voting machine; or shall
conspire with others to commit any of the offenses herein
mentioned, or in any manner to prevent a free and fair primary
or election, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000)] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
Section 1828. Persons Interfering in Other Districts.--Any
person who shall on the day of any primary or election visit any
polling place at which he is not entitled to vote and at which
he is not entitled to be present under any provision of this
act, and shall use any intimidation or violence for the purpose
of preventing any election officer from performing the duties
required of him by this act, or for the purpose of preventing
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any qualified elector from exercising his right to vote or from
exercising his right to challenge any person offering to vote,
or for the purpose of influencing the vote of any elector, he
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1829. Assault and Battery at Polls.--Any person who
shall unlawfully strike, wound or commit an assault and battery
upon the person of any elector at or near the polling place
during the time of any primary or election shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1830. Unlawful Assistance in Voting.--Any elector at
any primary or election who shall allow his ballot or the face
of the voting machine voted by him to be seen by any person with
the apparent intention of letting it be known how he is about to
vote; or in districts in which ballots are used, shall cast or
attempt to cast any other than the official ballot which has
been given to him by the proper election officer; or who,
without having made the declaration under oath or affirmation
required by section 1218 of this act, or when the disability
which he declared before any registration commission no longer
exists, shall permit another to accompany him into the voting
compartment or voting machine booth, or to mark his ballot or
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prepare the voting machine for voting by him; or who shall mark
his ballot or prepare the voting machine for voting while
another is unlawfully present in the voting machine compartment
or voting machine booth with him; or who shall state falsely to
any election officer that because of illiteracy he is unable to
read the names on the ballot or ballot labels or that by reason
of physical disability he cannot see or mark the ballot or enter
the voting compartment without assistance or that he cannot see
or operate the voting machine or enter the voting machine booth
without assistance; or who shall state, as his reason for
requiring assistance, a disability from which he does not
suffer; or any person who shall go into the voting compartment
or voting machine booth with another while voting or be present
therein while another is voting, or mark the ballot of another
or prepare the voting machine for voting with another, except in
strict accordance with the provisions of this act; or any person
who shall interfere with any elector when inside the enclosed
space or when marking his ballot, or preparing the voting
machine for voting, or who shall endeavor to induce any elector
before depositing his ballot to show how he marks or has marked
his ballot; or any person giving assistance who shall attempt to
influence the vote of the elector whom he is assisting or who
shall mark a ballot or prepare a voting machine for voting in
any other way than that requested by the voter whom he is
assisting, or who shall disclose to anyone the contents of any
ballot which has been marked or any voting machine which has
been prepared for voting with his assistance, except when
required to do so in any legal proceeding, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one thousand ($1,000)] two thousand
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($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1831. Election Officers Permitting Unlawful
Assistance.--Any election officer who shall permit a voter to be
accompanied by another into the voting compartment or voting
machine booth when the registration card of such person contains
no declaration that such person requires assistance, or when
such person has not made, under oath or affirmation, the
statement required by section 1218 of this act, or when such
election officer knows that the disability which the elector
declared before any registration commission no longer exists, or
who shall permit any person to accompany an elector into the
voting compartment or voting machine booth, except as provided
by this act, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1832. Failure to Keep and Return Record of Assisted
Voters.--Any judge of election who shall fail to record, as
required by section 1218 (c) of this act, the name of each
elector who received assistance or who is accompanied by another
into the voting compartment or voting machine booth; or who
shall insert in the record of assisted voters the name of any
elector who does not receive assistance or is not accompanied by
another into the voting compartment or voting machine booth; or
who shall fail to record the exact disability of any assisted
elector which makes the assistance necessary, or shall record in
respect of any assisted elector a disability, other than that
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stated by the elector; or who shall fail to record the name of
each person rendering assistance to an elector as prescribed by
this act; or who shall knowingly record as the name of such
person giving assistance a name which is not the name of such
person; or who shall fail or neglect to return the record of
assisted voters to the county board of elections as required by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [two (2)] four (4) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1833. Unlawful Voting.--Any person who votes or
attempts to vote at any primary or election, knowing that he
does not possess all the qualifications of an elector at such
primary or election, as set forth in this act, shall be guilty
of a misdemeanor of the first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ten
thousand ($10,000)] twenty thousand ($20,000) dollars, or to
undergo an imprisonment of not more than [five (5)] ten (10)
years, or both, in the discretion of the court.
Section 1834. Elector Voting Ballot of Wrong Party at
Primary.--Any elector who shall wilfully vote at any primary the
ballot of a party in which he is not enrolled, in violation of
the provisions of this act, shall be guilty of a misdemeanor of
the second degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five thousand ($5,000)]
ten thousand ($10,000) dollars, or to undergo an imprisonment of
not more than [two (2)] four (4) years, or both, in the
discretion of the court.
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Section 1835. Repeat Voting at Elections.--If any person
shall vote in more than one election district, or otherwise
fraudulently vote more than once at the same primary or
election, or shall vote a ballot other than the ballot issued to
him by the election officers, or shall advise or procure another
so to do, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000)] thirty thousand
($30,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
Section 1836. Removing Ballots.--Any person removing any
ballot from any book of official ballots, except in the manner
provided by this act, shall be guilty of a misdemeanor of the
second degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [five thousand ($5,000)] ten
thousand ($10,000) dollars, or to undergo an imprisonment of not
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1837. Commissioners to Take Soldiers' Votes.--Any
commissioner appointed by or under the provisions of Article
XIII of this act who shall knowingly violate his duty or
knowingly omit or fail to do his duty thereunder or violate any
part of his oath, shall be guilty of perjury, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1838. Fraudulent Voting by Soldiers.--Any person who
shall vote or attempt to vote at any election by electors in
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military service under the provisions of Article XIII of this
act, not being qualified to vote at such election, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1839. Bribery at Elections.--Any person who shall,
directly or indirectly, give or promise or offer to give any
gift or reward in money, goods or other valuable thing to any
person, with intent to induce him to vote or refrain from voting
for any particular candidate or candidates or for or against any
constitutional amendment or other question at any primary or
election; or who shall, directly or indirectly, procure for or
offer or promise to procure for such person any such gift or
reward with the intent aforesaid; or, who with the intent to
influence or intimidate such person to give his vote or to
refrain from giving his vote for any particular candidate or
candidates or for or against any constitutional amendment or
other question at any primary or election, shall give to or
obtain for or assist in obtaining for or offer or promise to
give to or obtain for or assist in obtaining for such person any
office, place, appointment or employment, public or private, or
threaten such person with dismissal or discharge from any
office, place, appointment or employment, public or private,
then held by him, shall be guilty of a felony of the third
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [fifteen thousand ($15,000)] thirty
thousand ($30,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
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discretion of the court.
Section 1840. Receipts and Disbursements of Primary and
Election Expenses by Persons Other Than Candidates and
Treasurers.--Any member of a political committee who shall
receive or disburse any money or incur any liability for primary
or election expenses, except through the treasurer of such
political committee, and any person not a candidate or member of
a political committee who shall receive or disburse any money or
incur any liability for primary or election expenses, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not less than [one (1) month] two (2) months nor more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1841. Receipts of Primary and Election Expenses by
Unauthorized Persons.--Any person or any political committee who
receives money on behalf of any candidate without being
authorized to do so under the provisions of section 1623, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [five thousand dollars
($5,000)] ten thousand dollars ($10,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1843. Contributions by Corporations or
Unincorporated Associations.--Any corporation or unincorporated
association, which shall pay, give or lend or agree to pay, give
or lend any money belonging to such corporation or
unincorporated association or in its custody or control, in
violation of the provisions of section 1633, shall be guilty of
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a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine of not less than [one thousand dollars ($1,000)]
two thousand dollars ($2,000) nor more than [ten thousand
dollars ($10,000)] twenty thousand dollars ($20,000). Any
director, officer, agent or employe of any corporation or
unincorporated association who shall on behalf of such
corporation or unincorporated association pay, give or lend or
authorize to be paid, given or lent any money belonging to such
corporation or unincorporated association or in its custody or
control in violation of the provisions of section 1633, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [ten thousand dollars
($10,000)] twenty thousand dollars ($20,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1845. Failure to File Expense Account.--Any
candidate or treasurer of a political committee or person acting
as such treasurer who shall fail to file an account of primary
or election expenses, as required by this act, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five thousand dollars
($5,000)] ten thousand dollars ($10,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1847. Prohibiting Duress and Intimidation of Voters
and Interference with the Free Exercise of the Elective
Franchise.--Any person or corporation who, directly or
indirectly--(a) uses or threatens to use any force, violence or
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restraint, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices
intimidation or coercion upon or against any person, in order to
induce or compel such person to vote or refrain from voting at
any election, or to vote or refrain from voting for or against
any particular person, or for or against any question submitted
to voters at such election, or to place or cause to be placed or
refrain from placing or causing to be placed his name upon a
register of voters, or on account of such person having voted or
refrained from voting at such election, or having voted or
refrained from voting for or against any particular person or
persons or for or against any question submitted to voters at
such election, or having registered or refrained from
registering as a voter; or (b) by abduction, duress or coercion,
or any forcible or fraudulent device or contrivance, whatever,
impedes, prevents, or otherwise interferes with the free
exercise of the elective franchise by any voter, or compels,
induces, or prevails upon any voter to give or refrain from
giving his vote for or against any particular person at any
election; or (c) being an employer, pays his employes the salary
or wages due in "pay envelopes" upon which or in which there is
written or printed any political motto, device, statement or
argument containing threats, express or implied, intended or
calculated to influence the political opinions or actions of
such employes, or within ninety days of any election or primary
puts or otherwise exhibits in the establishment or place where
his employes are engaged in labor, any handbill or placard
containing any threat, notice, or information that if any
particular ticket or candidate is elected or defeated work in
his place or establishment will cease, in whole or in part, his
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establishment be closed up, or the wages of his employes
reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his
employes, shall be guilty of a misdemeanor of the second degree.
Any person or corporation, convicted of a violation of any of
the provisions of this section, shall be sentenced to pay a fine
not exceeding [five thousand ($5,000)] ten thousand ($10,000)
dollars, or such person or the officers, directors or agents of
such corporation responsible for the violation of this section,
shall be sentenced to undergo an imprisonment of not more than
[two (2)] four (4) years, or both, in the discretion of the
court.
Section 1848. Failure to Perform Duty.--Any Secretary of the
Commonwealth, member of a county board of elections, chief
clerk, employe, overseer, judge of election, inspector of
election, clerk of election, machine inspector or custodian or
deputy custodian of voting machines on whom a duty is laid by
this act who shall wilfully neglect or refuse to perform his
duty, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1849. Hindering or Delaying Performance of Duty.--
Any person who intentionally interferes with, hinders or delays
or attempts to interfere with, hinder or delay any other person
in the performance of any act or duty authorized or imposed by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [five
hundred ($500)] one thousand ($1,000) dollars, or to undergo an
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imprisonment of not more than [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1850. Violation of Any Provision of Act.--Any person
who shall violate any of the provisions of this act, for which a
penalty is not herein specifically provided, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 18. Section 1853 of the act, amended March 27, 2020
(P.L.41, No.12), is amended to read:
Section 1853. Violations of Provisions Relating to Absentee
and Mail-in Ballots.--If any person shall sign an application
for absentee ballot, mail-in ballot or declaration of elector on
the forms prescribed knowing any matter declared therein to be
false, or shall vote any ballot other than one properly issued
to the person, or vote or attempt to vote more than once in any
election for which an absentee ballot or mail-in ballot shall
have been issued to the person, or shall disclose results of a
pre-canvassing meeting under section 1308(g)(1.1), or shall
violate any other provisions of Article XIII or Article XIII-D
of this act, the person shall be guilty of a misdemeanor of the
third degree, and, upon conviction, shall be sentenced to pay a
fine not exceeding [two thousand five hundred dollars ($2,500)]
five thousand dollars ($5,000), or be imprisoned for a term not
exceeding [two (2)] four (4) years, or both, at the discretion
of the court.
If any chief clerk or member of a board of elections, member
of a return board or member of a board of registration
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commissioners, shall neglect or refuse to perform any of the
duties prescribed by Article XIII or Article XIII-D of this act,
or shall reveal or divulge any of the details of any ballot cast
in accordance with the provisions of Article XIII or Article
XIII-D of this act, or shall disclose results of a pre-
canvassing meeting under section 1308(g)(1.1), or shall count an
absentee ballot or mail-in ballot knowing the same to be
contrary to Article XIII or Article XIII-D, or shall reject an
absentee ballot or mail-in ballot without reason to believe that
the same is contrary to Article XIII or Article XIII-D, or shall
permit an elector to cast the elector's ballot other than a
provisional ballot at a polling place knowing that there has
been issued to the elector an absentee ballot or mail-in ballot,
the [elector] individual shall be guilty of a felony of the
third degree, and, upon conviction, shall be punished by a fine
not exceeding [fifteen thousand dollars ($15,000)] thirty
thousand dollars ($30,000), or be imprisoned for a term not
exceeding [seven (7)] fourteen (14) years, or both, at the
discretion of the court.
Section 19. The act is amended by adding a section to read:
Section 1855. Unlawful Collection of Ballots.--A person who
willfully collects or returns absentee or mail-in ballots in
violation of this act commits a felony of the third degree and,
upon conviction, shall be punished by a fine not exceeding
thirty thousand dollars ($30,000), or be imprisoned for a term
not exceeding fourteen (14) years, or both, at the discretion of
the court.
Section 20. The act is amended by adding an article to read:
ARTICLE XX
REIMBURSEMENTS
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Section 2001. General rule.
The following shall apply:
(1) The State Treasurer shall reimburse counties for
100% of the cost of replacing voting machines or ballot
processing machines.
(2) The State Treasurer shall reimburse counties for
100% of the cost of purchasing electronic poll books within
one year after the effective date of this section.
Section 2002. (Reserved).
Section 21. This act shall apply to elections held on or
after the effective date of this section.
Section 22. This act shall take effect immediately.
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