PRINTER'S NO. 2522

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2090

Session of

2021

INTRODUCED BY McCLINTON, STURLA, KINSEY, KIM, GUENST,

SCHLOSSBERG, D. WILLIAMS, N. NELSON, HOWARD, ZABEL, HANBIDGE,

HILL-EVANS, HOHENSTEIN, T. DAVIS, DALEY, SANCHEZ, KRUEGER,

REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 14, 2021

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,

sites; providing for electronic poll books and for electronic

poll books and election infrastructure equipment bonds; in

preparation for and conduct of primaries and elections,

further providing 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

and for deadline for receipt of valid voter registration

application; providing for early voting in elections; in

voting by qualified absentee electors, further providing for

date of application for absentee ballot, for approval of

mail-in ballots and for voting by mail-in electors; and

making an editorial change.

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, in registration system, further providing for SURE

system; in voter registration, further providing for

qualifications to register, for methods of voter

registration, for application with driver's license

application and for government agencies, providing for same-

day voter registration and further providing for preparation

and distribution of applications and for approval of

Section 1. Section 102 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 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.7) The words "ballot drop box" shall mean a secure

receptacle established by a county board of elections or county

election official by which a voted absentee ballot or mail-in

institution of the Pennsylvania State System of Higher Education

established under section 2002-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, and a

State-related university as defined in section 4(d) of the act

of November 26, 1997 (P.L.508, No.55), known as the Institutions

of Purely Public Charity Act.

(z.9) The words "community college" shall mean a public

college or technical institute which is established and operated

in accordance with the provisions of section 1901-A of the

(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.

* * *

Section 3. Article V heading of the act is amended to read:

ARTICLE V

Section 4. Article V of the act is amended by adding a

locations within the county.

(1) The county board of elections shall inform the secretary

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of the ballot drop box locations at least sixty-five days prior

to the primary election, special election, municipal election or

general election.

(2) The county board of elections shall publicly announce,

not less than fifty-five days prior to any primary election,

special election, municipal election or general election, by

information. The list shall be available for public inspection

at the office of the county board of elections.

(3) If an additional ballot drop box is added, or a ballot

drop box is moved, the county board of elections must notify the

secretary immediately and simultaneously update the county's

publicly accessible Internet website with the new locations.

(b) Each county must provide at least two ballot drop boxes

within the county for each primary election, special election,

municipal election or general election. The ballot drop boxes

must be arrayed throughout the county in a manner that provides

for the greatest convenience for electors. Each ballot drop box

must be on sites that meet the accessibility requirements

applicable to polling places. A ballot drop box shall be

considered accessible if it is in compliance with the Americans

with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.

327). The county board of elections may add additional ballot

drop boxes, as necessary. Nothing in this section shall limit

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elections deems additional ballot drop boxes are necessary.

(c) In addition to the requirements under subsection (b),

for a primary election, special election, municipal election or

general election there must be a minimum number of ballot drop

boxes equal to at least one ballot drop box for every 50,000

residents of the county as determined by the most recent Federal

that has ten thousand or more enrolled students. The following

shall apply:

(1) As used in this subsection, the number of enrolled

students at a campus shall be the highest number of full-time,

part-time, graduate and undergraduate students, not including

students solely registered for online courses, during the fall

semester of the year of the previous general election according

to the data collected by the Department of Education.

(2) The data collected by the Secretary of Education shall

be reported to the secretary, on or before December 1 prior to

each general election year. The secretary shall determine from

the data which public university or community colleges meet the

enrollment thresholds and notify each respective county board of

elections at least eighty-five days prior to any election.

Section 531.2. Signage, Hours of Operation and Security.--

(a) Each ballot drop box must be labeled "Official Ballot Drop

Box" and must include the following:

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to be inserted. A ballot drop box may have more than one ballot

slot.

(2) Language stating counterfeiting, forging, tampering with

or destroying ballots is a second-degree misdemeanor under

sections 1816 and 1817 of this act.

(3) A statement that third-party return of a ballot is

(4) A statement requesting that the designated county

elections official shall be notified immediately if the ballot

drop box is full, not functioning or is damaged, including a

telephone number and email address for the designated county

elections official.

(b) While available, the ballot drop box shall be securely

fastened to a stationary surface, an immovable object or placed

behind a counter. The ballot drop box shall be secured by a lock

and shall include a tamper-evident seal. Only the county board

of elections, the county election official, county election

official staff or another individual designated by the county

election official shall have access to the means to unfasten the

lock.

(c) Ballot drop boxes must be made available for use by the

voter no less than forty days prior to a primary election,

special election, municipal election or general election.

(d) On the date of any primary election, special election,

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shall be closed when the election ends at eight o'clock P.M.

Section 531.3. Removal of Absentee Ballots and Mail-In

Ballots.--(a) Absentee and mail-in ballots must be removed from

each ballot drop box at least once every twenty-four hours,

excluding Saturdays and Sundays, by at least two people

designated by the county board of elections or the county

and mail-in ballots from the ballot drop boxes.

(c) A Ballot Drop Box Collection Form must be completed and

signed by the county designees each time absentee ballots and

mail-in ballots are removed from a ballot drop box. A Ballot

Drop Box Collection Form must include spaces for the following

information:

(1) The ballot drop box location and the unique identifying

number of the ballot drop box.

(2) The date and time ballots were emptied from the ballot

drop box.

(3) The names of the individuals removing the ballots from

the ballot drop box and the name of the individual who secured

and relocked the ballot drop box.

(4) The name of the county election official or designee

receiving the secured transport container.

(5) The date and time the county election official or

designee received the secured transport container.

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container.

(7) An area to mark if there is evidence of tampering on the

secured transport container.

(d) Absentee ballots and mail-in ballots from ballot drop

boxes must be returned to the county board of elections in

secured transport containers and immediately taken to a secure

(e) An individual may not interfere with the emptying of

ballot drop boxes. An individual who interferes with the removal

of ballots from a ballot drop box or inhibits or prevents a

voter or authorized agent from lawfully depositing a ballot

commits a criminal offense under section 1849.

Section 531.4. Canvassing of Ballots Collected from Ballot

Drop Boxes.--Each absentee ballot and mail-in ballot removed

from a ballot drop box shall be canvassed in accordance with

section 1308.

Section 5. The act is amended by adding articles to read:

ARTICLE XI-C

ELECTRONIC POLL BOOKS

Section 1101-C. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board." The county board of elections.

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"Electronic poll books." A secure and self-contained

electronic record system, consisting of hardware components

procured by a board and a software component distributed by the

secretary, constituting the voters' certificates, voting check

list, numbered lists of voters and district register, for an

election district or for use with multiple election districts,

(3) allows real-time tracking of voters for updates to

voter histories; and

(4) meets the standards published by the secretary under

section 1103-C.

"Secretary." The Secretary of the Commonwealth.

"SURE system." The Statewide Uniform Registry of Electors

established under 25 Pa.C.S. § 1222 (relating to SURE system).

Section 1102-C. Use.

Each board shall use electronic poll books that meet the

minimum standards published by the secretary under section 1103-

C for each primary and election held after December 31, 2024.

Electronic poll books shall replace paper-based poll books and

shall be used as all of the following in each voting location

allowed for by law in this Commonwealth:

(1) Voters' certificates.

(2) Voting check lists.

(3) Numbered lists of voters.

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The department's payment of the bond obligations, bond

administrative expenses and other financing costs due on the

bonds as service charges under an agreement or service agreement

shall be subject to and dependent upon the appropriation of

funds by the General Assembly to the department for payment of

the service charges. The service agreement may be amended or

on the authority's determination of which method will produce

the most benefit to counties and the Commonwealth.

Section 1106-D. Deposit of bond proceeds.

The net proceeds of bonds, other than refunding bonds,

exclusive of costs of issuance, reserves and any other financing

charges, shall be transferred by the authority to the State

Treasurer for deposit into a restricted account established in

the State Treasury and held solely for the purposes under

section 1102-D(b) to be known as the County Electronic Poll Book

and Election Infrastructure Equipment Reimbursement Account. The

department shall pay out the bond proceeds to the counties from

the account in accordance with this article.

Section 1107-D. Payment of bond-related obligations.

For each fiscal year in which bond obligations and bond

administrative expenses will be due, the authority shall notify

the department of the amount of bond obligations and the

estimated amount of bond administrative expenses in sufficient

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to request an appropriation sufficient to pay bond obligations

and bond administrative expenses that will be due and payable in

the following fiscal year. The authority's calculation of the

amount of bond obligations and bond administrative expenses that

will be due shall be subject to verification by the department.

Section 1108-D. Commonwealth not to impair bond-related

(i) pay bond obligations and bond administrative

expenses; and

(ii) comply with any other instrument or agreement

pertaining to bonds.

(2) Alter or limit the service agreement under section

1104-D(b).

(3) Impair the rights and remedies of the holders of

bonds, until each bond issued and the interest on the bond

are fully met and discharged.

Section 1109-D. Personal liability.

The members, directors, officers and employees of the

department and the authority shall not be personally liable as a

result of good faith exercise of the rights and responsibilities

granted under this article.

Section 1110-D. Annual report.

No later than March 1 of the year following the first full

year in which bonds have been issued under this article and for

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prior year, the department shall submit an annual report to the

chair and minority chair of the Appropriations Committee of the

Senate, the chair and minority chair of the Appropriations

Committee 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

necessary in the content of the report.

Section 1111-D. Reimbursement of county electronic poll book

and election infrastructure expenses.

(a) Application.--

(1) A county may apply to the department to receive

funding:

(i) to be reimbursed for its cost to purchase or

lease electronic poll books;

(ii) to fund its purchase or lease of electronic

poll books; or

(iii) to fund its purchase or lease of election

infrastructure equipment.

(2) Each county shall apply for funding on a form

containing information and documentation prescribed by the

department no later than July 1, 2022. The department may

allow a county to submit one or more applications.

(b) Documentation for prior purchase or lease.--If a county

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capital lease electronic poll books or election infrastructure

equipment that the county purchased or leased before the date

that the county submits its application to the department, the

county's application shall include documentation prescribed by

the department to substantiate the county's cost to purchase or

lease the electronic poll books or election infrastructure

county seeks funding to purchase or lease electronic poll books

or election infrastructure equipment that the county will

purchase or lease after the date that the county submits its

application to the department, the county's application shall

include documentation prescribed by the department to

substantiate the county's estimate to purchase or lease the

electronic poll books or election infrastructure equipment,

including copies of fully executed electronic poll book

contracts or election infrastructure equipment bids or price

quotes submitted to the county and other price estimates or cost

proposals.

(d) Review.--The department shall review each county's

application on a rolling basis and shall either approve or deny

each county's application within 90 days of the date the

application is received by the department. A county may

supplement or amend submitted applications during the 90-day

review period in consultation with the department.

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approves a county's application submitted under subsection (b),

the department and the county shall enter into a written grant

agreement through which the department shall reimburse the

county at the amount determined under subsection (g).

(f) Approval for subsequent purchase or lease.--If the

department approves a county's application under subsection (c),

account. The county shall deliver quarterly reports to the

department of the electronic poll book costs or election

infrastructure equipment costs paid from the grant money in a

form prescribed by the department. The county shall return any

unspent grant money to the department within 30 days of the

expiration of the grant agreement.

(g) Payments.--

(1) A county shall only receive amounts under this

section to the extent that the department has bond proceeds

available in the account from which to make payments.

(2) Except as provided under paragraph (3), a county

which submitted an application approved under subsection (e)

or (f) may receive 100% of the total amount submitted under

subsection (b) or (c) which may be reimbursed or paid.

(3) If the total amount submitted by all counties under

paragraph (2) exceeds the total amount available for

reimbursement or payment, a county may receive a portion of

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the county under subsection (b) or (c) which may be

reimbursed or paid, divided by the total amount submitted by

all counties under subsection (b) or (c) which may be

reimbursed or paid.

(4) The department shall prioritize the funding of

electronic poll books over the funding of election

(a.4) * * *

(5) (i) Except as provided in subclause (ii), if it is

determined that the individual was registered and entitled to

vote at the election district where the ballot was cast,

including where the individual registers under 25 Pa.C.S. §

1325.1 (relating to same-day voter registration) and casts a

provisional ballot, the county board of elections shall compare

the signature on the provisional ballot envelope with the

signature on the elector's registration form and, if the

signatures are determined to be genuine, shall count the ballot

if the county board of elections confirms that the individual

did not cast any other ballot, including an absentee ballot, in

the election.

(ii) A provisional ballot shall not be counted if:

(A) either the provisional ballot envelope under clause (3)

or the affidavit under clause (2) is not signed by the

individual;

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signature required under clause (2) are either not genuine or

are not executed by the same individual;

(C) a provisional ballot envelope does not contain a secrecy

envelope;

(D) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

and cast a provisional ballot and that the elector is indigent

and unable to obtain proof of identification without the payment

of a fee;

(E) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the elector fails to appear before the county board of

elections to present proof of identification and execute an

affirmation or the county board of elections does not receive an

electronic, facsimile or paper copy of the proof of

identification and an affirmation affirming, under penalty of

perjury, that the elector is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot; [or]

(F) the elector's absentee ballot or mail-in ballot is

timely received by a county board of elections[.] except if the

voter was provided information by the county board of elections

of a defect in the voter's absentee ballot or mail-in ballot and

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Cure Form; or

(G) an application for voter registration was made under 25

Pa.C.S. § 1325.1, but the application was rejected by the

appropriate commission.

* * *

Section 7. Section 1231(b)(1), (3) and (4) of the act are

elector is registered to vote in an election when the applicant

has met any of the following conditions:

(1) In the case of voter registration with a motor vehicle

driver's license application under 25 Pa.C.S. § 1323 (relating

to application with driver's license application), if the valid

voter registration application is received by the [appropriate

commission] Department of Transportation not later than fifteen

days before the election.

* * *

(3) In the case of voter registration at a voter

registration agency under 25 Pa.C.S. § 1325 (relating to

government agencies), if the valid voter registration

application is received by the appropriate commission or the

Department of State not later than fifteen days before the

election.

(3.1) In the case of same-day voter registration under 25

Pa.C.S. § 1325.1 (relating to same-day voter registration), if

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accepted in the appropriate electoral district by the presiding

judge of elections.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission or the Department of State not later than fifteen

days before the election.

each county board shall provide for a period of early voting in

elections as provided for under this article.

(b) Issuance of ballots and voting booths.--The following

apply:

(1) If a request is made to vote early by a registered

elector, the county board shall issue a ballot to the

registered elector, except in districts where electronic

voting systems are used in accordance with Article XI-A, for

in-person early voting. Except as otherwise provided under

this article, each ballot issued to registered electors for

early voting must be voted on the premises of the county

board and returned to the county board.

(2) On the dates for early voting prescribed under

section 1203-A, each county board shall provide voting booths

with electronic voting systems certified by the secretary and

other suitable equipment for voting on the premises of the

county board and at any other early voting location

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voting in accordance with this article. Each ballot style

must be available in each early voting location, allowing any

registered voter of the county to vote in any of the early

voting locations.

(c) Lists of early voters.--The county board shall maintain

a list of each registered elector in each election district who

establish at least one early voting location for in-person early

voting at a location in the county.

(b) Minimum population requirement.--In addition to the

requirement under subsection (a), a county board shall establish

one early voting location for in-person early voting for every

100,000 residents of the county as determined by the most recent

Federal decennial census and each annual American Community

Survey population update.

(c) Additional locations.--In addition to the requirements

for early voting locations under subsections (a) and (b), a

county board may establish additional early voting locations for

in-person early voting.

(d) Location.--Early voting locations may be located in any

location eligible to be selected as a polling place under

Article V.

(e) Voting.--A registered elector entitled to early voting

may vote early at any early voting location established by the

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absentee ballot received from an applicant who presents his or

her own application at an office of the county board shall be

processed if received not later than five o'clock P.M. of the

day prior to the day of any primary or election.

* * *

Section 10. Sections 1302.2(c), 1304 and 1306 of the act,

the qualifications of such applicant by verifying the proof of

identification and comparing the information set forth on such

application with the information contained on the applicant's

permanent registration card. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked "approved." Such approval

decision shall be final and binding, except that challenges may

be made only on the ground that the applicant was not a

qualified elector. Such challenges must be made to the county

board of elections prior to five o'clock p.m. on the Friday

prior to the election or prior to the pre-canvass of an

elector's absentee ballot, whichever is earlier: Provided,

however, That a challenge to an application for an absentee

ballot shall not be permitted on the grounds that the elector

used an application for an absentee ballot instead of an

application for a mail-in ballot or on the grounds that the

elector used an application for a mail-in ballot instead of an

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* * *

Section 1304. Envelopes for Official Absentee Ballots.--

(a) The county boards of election shall provide two

additional envelopes for each official absentee ballot of such

size and shape as shall be prescribed by the Secretary of the

Commonwealth, in order to permit the placing of one within the

Election Mail logo, a prepaid reply mail option under subsection

(b), the form of the declaration of the elector, and the name

and address of the county board of election of the proper

county. The larger envelope shall also contain information

indicating the local election district of the absentee voter.

Said form of declaration and envelope shall be as prescribed by

the Secretary of the Commonwealth and shall contain among other

things a statement of the electors qualifications, together with

a statement that such elector has not already voted in such

primary or election. The mailing envelope addressed to the

elector shall contain the two envelopes, the official absentee

ballot, lists of candidates, when authorized by section 1303

subsection (b) of this act, the uniform instructions in form and

substance as prescribed by the Secretary of the Commonwealth and

nothing else.

(b) The county board of election shall provide prepaid

postage for the larger of the two additional envelopes. The

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Service prepaid reply mail option.

(c) The county board of election shall include a United

States Postal Service Intelligent Mail barcode or successor

system allowing mail tracking as specified by the Secretary of

the Commonwealth, on both the mailing envelope and larger

envelope.

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 either said county board of election or at a ballot

drop box.

(2) Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

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of the department or chief of division or bureau in which the

elector is employed, setting forth the identity of the elector,

spouse of the elector or dependent of the elector.

(3) Any elector who has filed his application in accordance

with section 1302 subsection (e)(2), and is unable to sign his

declaration because of illness or physical disability, shall be

my signature.

.............................. .......................(Mark)

(Date)

.............................. .............................

(b) (1) Any elector who receives and votes an absentee

ballot pursuant to section 1301 shall not be eligible to vote at

a polling place on election day. The district register at each

polling place shall clearly identify electors who have received

and voted absentee ballots as ineligible to vote at the polling

place, and district election officers shall not permit electors

who voted an absentee ballot to vote at the polling place.

(2) An elector who requests an absentee ballot and who is

not shown on the district register as having voted the ballot

may vote by provisional ballot under section 1210(a.4)(1).

(3) Notwithstanding paragraph (2), an elector who requests

an absentee ballot and who is not shown on the district register

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elector remits the ballot and the envelope containing the

declaration of the elector to the judge of elections to be

spoiled and the elector signs a statement subject to the

penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) in substantially the following

form:

be spoiled and therefore request that my absentee ballot or

mail-in ballot be voided.

(Date)

(Signature of Elector)..</