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PRINTER'S NO. 3207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2369
Session of
2024
INTRODUCED BY McCLINTON, KENYATTA, McNEILL, SANCHEZ, WAXMAN,
VENKAT, HARKINS, GIRAL, MALAGARI, PROBST, HOHENSTEIN, PIELLI,
HOWARD, T. DAVIS, D. WILLIAMS, A. BROWN, FIEDLER, BRIGGS,
STURLA, CONKLIN, BURGOS, BENHAM, MADDEN, KINKEAD, ROZZI, KIM,
BOROWSKI, SAPPEY, KINSEY, ISAACSON, WARREN, HARRIS, DEASY,
O'MARA, CEPHAS, FLEMING, SMITH-WADE-EL, WEBSTER, BRENNAN,
KRUEGER, SCOTT, SHUSTERMAN, CEPEDA-FREYTIZ, MUNROE, DELLOSO,
KOSIEROWSKI, PARKER, GUENST, SCHWEYER, SAMUELSON, PASHINSKI,
KHAN, HADDOCK, SCHLOSSBERG, OTTEN, RABB, BOYD, MAYES, KAZEEM,
HILL-EVANS, DONAHUE, NEILSON, HANBIDGE, FRANKEL, STEELE,
SALISBURY, BULLOCK, CERRATO, DALEY, N. NELSON AND SIEGEL,
JUNE 3, 2024
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 2024
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," 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; and providing for in-person early
voting in elections.
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in registration system, further providing for SURE
system; in voter registration, further providing for methods
of voter registration, providing for same-day voter
registration on election day and for same-day voter
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registration during early voting and further providing for
preparation and distribution of applications and for approval
of registration applications; and, in changes in records,
repealing provisions relating to removal notices, to transfer
of registration and to change of enrollment of political
party.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, 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.
"Department." The Department of State of the Commonwealth.
"Electronic poll books." A secure and self-contained
electronic record system examined, approved and certified by the
secretary, constituting the voters' certificates, voting check
list, numbered lists of voters, district register and general
register for the county that:
(1) has the ability to enable a poll worker to perform
by electronic means each of the same functions performed
using a paper district register during an election;
(2) receives and stores electronically the name,
address, date of birth, identifying municipality, particular
election district from which the voter is registered,
signature of voters and any other necessary voter
information;
(3) securely downloads and uploads voter information in
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concert with the SURE system;
(4) contains information regarding whether a registered
voter already voted in the particular election, requested an
absentee or mail-in ballot or returned an absentee or mail-in
ballot;
(5) allows real-time tracking of voters in a county for
updates to voter histories;
(6) verifies whether additional identifying documents or
proof of residency are needed to complete a voter's
registration under 25 Pa.C.S. § 1325.1 (relating to same-day
voter registration on election day);
(7) redirects an in-person voter to their correct
polling place;
(8) provides an auditable record of the district
register for a particular election; and
(9) has any other capability or standard deemed
appropriate by the secretary.
"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.
(a) Standards.--Each board shall use electronic poll books
that meet the minimum standards published by the secretary under
section 1103-C in all early voting locations under Article XII-A
and in 50% of precincts on election day for each primary and
election held after December 31, 2025. Each board shall use
electronic poll books in all early voting locations and all
precincts on election day for each primary and election held
after December 31, 2026. Electronic poll books shall serve as
the district register and shall be used for all of the following
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purposes in each voting location allowed for by law in this
Commonwealth:
(1) Voters' certificates.
(2) Voting check lists.
(3) Numbered lists of voters.
(4) District registers.
(5) For the management of district registers during
elections.
(6) Any other use deemed appropriate by the secretary.
(b) Poll book standards.--An electronic poll book may not be
used for voting unless it meets the standards established and
published by the secretary under section 1103-C and is examined,
approved and certified in accordance with the secretary's
directive.
Section 1103-C. Standards.
(a) General.--The secretary, in coordination with the Office
of Administration and Office of Information Technology, shall
examine commercially available electronic poll books and, upon
successful completion of the examination, approve certain poll
books for use. The secretary shall issue a directive
establishing requirements and specifications which shall define
the minimum standards required, capabilities and security
requirements of electronic poll books for certification by the
secretary. The requirements and specifications shall include
compatibility with the SURE system, screen size, technology
documentation, user safety, accessibility, durability, device
and system security standards, data encryption, audit log, data
and power backup, signature capture requirements, voter data
fields and any other requirements identified as necessary to
meet the needs for each voting location allowed by law in this
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Commonwealth.
(b) Compatibility.--To have compatibility with the SURE
system, an electronic poll book must include the ability to
import the records of each registered voter in the election
district and county and update those records before election
day, to record edits to the records on election day, and to
export to the SURE system all of the election activity and voter
participation information that occurs each day and the
capability to generate a report of all election activity and
participation information for, if necessary, manual entry into
the SURE system.
(c) Prohibited interest.--The secretary, the department
staff involved with implementation, maintenance or upkeep of the
SURE system or electronic poll books or any member of a board
may not hold a pecuniary interest in an electronic poll book
company, components of an electronic poll book or in the design,
manufacture or sale of an electronic poll book.
(d) Access to poll books.--The county board shall secure
each electronic poll book and prohibit third-party access not
authorized by the secretary. The secretary shall develop
standards and issue a directive for secure storage of electronic
poll books during and at any time before or after an election.
Failure of a county board or election worker to comply with the
secretary's directive may result in a decertification or
decommissioning of the county's electronic poll books and fines
as prescribed by the secretary.
(e) Standards and requirements.--The secretary shall develop
standards and requirements for a board to ensure that a paper
version of the district register and all necessary documents,
including the numbered list of voters, are available at a
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polling place on election day and can be updated in the event of
a failure of or inability to use an electronic poll book.
Section 1104-C. Funding for acquisition.
(a) Declaration of policy.--The General Assembly finds and
declares that funding of the acquisition of electronic poll
books for the management of voter data for each polling place in
this Commonwealth is in the best interest of this Commonwealth.
(b) Appropriation.--
(1) The General Assembly appropriates $2,000,000 from
the General Fund to the department for the examination and
approval of commercially available electronic poll books that
shall be compatible with the SURE system and for the
development and implementation of a secure electronic poll
book network to be used by counties.
(2) Except as provided by law, any part of the
appropriations made in this subsection that remain
unexpended, uncommitted or unencumbered as of December 31,
2025, shall automatically lapse as of December 31, 2025.
ARTICLE XI-D
ELECTRONIC POLL BOOKS AND
ELECTION INFRASTRUCTURE EQUIPMENT BONDS
Section 1101-D. 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:
"Account." The County Electronic Poll Book and Election
Infrastructure Equipment Reimbursement Account established under
section 1106-D.
"Authority." The Pennsylvania Economic Development Financing
Authority.
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"Bond." Any type of revenue obligation, including a bond or
series of bonds, note, certificate or other instrument, issued
by the authority for the benefit of the department under this
article.
"Bond administrative expenses." Expenses incurred to
administer bonds as provided under the Financing Law, or as
necessary to ensure compliance with Federal or State law.
"Bond obligations." The principal of a bond and any premium
and interest payable on a bond, together with any amount owed
under a related credit agreement or a related resolution of the
authority authorizing a bond.
"Credit agreement." A loan agreement, a revolving credit
agreement, an agreement establishing a line of credit, a letter
of credit or another agreement that enhances the marketability,
security or creditworthiness of a bond.
"Department." The Department of State of the Commonwealth.
"Election infrastructure equipment." As follows:
(1) Hardware or software, or both, that is used by a
county in running elections. The term includes, but is not
limited to, mail-ballot processing equipment, such as
envelope openers, and information technology equipment, such
as:
(i) broadband, Internet or cellular infrastructure;
(ii) system security, including firewalls and
intrusion detection sensors, deployed to enhance the
security of electronic voting systems, electronic poll
books and other election systems by detecting and
reporting hacking attempts and other election security
breaches; or
(iii) other information technology infrastructure,
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including data storage equipment, servers and other
network equipment.
(2) The term does not include electronic voting systems
or electronic poll books.
"Electronic poll book." The components of electronic poll
books as defined in section 1101-C.
"Electronic voting system." As defined in section 1101-A.
"Financing Law." The act of August 23, 1967 (P.L.251,
No.102), known as the Economic Development Financing Law.
Section 1102-D. Bond issuance.
(a) Declaration of policy.--The General Assembly finds and
declares that funding for electronic poll books and election
infrastructure equipment, including interest, through the
authority, is in the best interest of this Commonwealth.
(b) Authority.--Notwithstanding any other law, the following
shall apply:
(1) The department may be a project applicant under the
Financing Law and may apply to the authority for the funding
of electronic poll books and election infrastructure
equipment.
(2) The authority may issue bonds under the Financing
Law, consistent with this article, to finance a project or
projects consisting of funding the purchase, replacement or
lease of electronic poll books by the counties, the
reimbursement to the counties for their cost to purchase or
lease electronic poll books, and for the purchase or lease of
election infrastructure equipment by the counties.
(3) Participation of an industrial and commercial
development authority shall not be required to finance the
projects or to issue the bonds described under this article.
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(c) Debt or liability.--
(1) Bonds issued under this article shall not be a debt
or liability of the Commonwealth and shall not create or
constitute an indebtedness, liability or obligation of the
Commonwealth.
(2) Bond obligations and bond administrative expenses
shall be payable solely from revenues or money pledged or
available for repayment as authorized under this article.
This paragraph shall include the proceeds of any issuance of
bonds.
(3) Each bond shall contain on the bond's face a
statement that:
(i) the authority is obligated to pay the principal
or interest on the bonds only from the revenues or money
pledged or available for repayment as authorized under
this article;
(ii) neither the Commonwealth nor a county is
obligated to pay the principal or interest; and
(iii) the full faith and credit of the Commonwealth
or any county is not pledged to the payment of the
principal of or the interest on the bonds.
Section 1103-D. Criteria for bond issuance.
(a) Application.--
(1) The department shall apply to the authority to issue
bonds to provide financing to the department to:
(i) reimburse each county for the county's cost to
purchase or lease electronic poll books;
(ii) fund a county's purchase or lease of electronic
poll books; or
(iii) fund the purchase or lease of election
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infrastructure equipment.
(2) The choice of the funding options under paragraph
(1)(i) or (ii) and the choice of type of electronic poll
books shall be at the discretion of the Secretary of the
Commonwealth.
(b) Issuance.--Bonds may be issued in one or more series,
and each series may finance reimbursement grants to one or more
counties.
(c) Terms.--
(1) The department, with the approval of the Office of
the Budget, shall specify in its application to the
authority:
(i) the maximum principal amount of the bonds for
each bond issue; and
(ii) the maximum term of the bonds consistent with
applicable law.
(2) The total principal amount for all bonds, not
including refunding bonds, issued under this article may not
exceed $60,000,000.
(3) The term of the bonds issued under this article may
not exceed 10 years from the respective date of original
issuance.
(d) Expiration.--For the purpose of this article, the
authorization to issue bonds, except for the authorization to
issue refunding bonds, shall expire December 31, 2026.
Section 1104-D. Issuance of bonds and sources of payments.
(a) Issuance.--The authority shall consider issuing the
bonds upon application by the department. Bonds issued under
this article shall be subject to the provisions of the Financing
Law, unless otherwise specified under this article.
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(b) Service agreement authorized.--The authority and the
department may enter into an agreement or service agreement to
effectuate this article, including an agreement to secure bonds
issued for the purposes under section 1102-D(b), pursuant to
which the department shall agree to pay the bond obligations and
bond administrative expenses to the authority in each fiscal
year that the bonds or refunding bonds are outstanding in
amounts sufficient to timely pay in full the bond obligations,
bond administrative expenses and any other financing costs due
on the bonds issued for the purposes under section 1102-D(b).
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
supplemented by the authority and the department in connection
with the issuance of any series of bonds or refunding bonds
authorized under this article.
Section 1105-D. Sale of bonds.
The authority shall offer the bonds for sale by means of a
public, competitive sale or by means of a negotiated sale based
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
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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
time, as determined by the department, to permit the department
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
obligations.
The Commonwealth pledges that it shall not do any of the
following:
(1) Limit or alter the rights and responsibilities of
the authority or the department under this article, including
the responsibility to:
(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
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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
each year thereafter in which bond obligations existed in the
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
Committee of the House of Representatives and publish the report
on the department's publicly accessible Internet website
providing all data available on bonds issued or existing in the
prior year. The report shall include existing and anticipated
bond principal, interest and administrative costs, revenue,
repayments, refinancing, overall benefits to counties and any
other relevant data, facts and statistics that the department
believes 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
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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, 2025. The department may
allow a county to submit one or more applications.
(b) Documentation for prior purchase or lease.--If a county
seeks reimbursement of the county's cost to purchase or lease by
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
equipment, including copies of fully executed electronic poll
book contracts, fully executed copies of election infrastructure
equipment contracts, invoices and proof of payment to the vendor
of the electronic poll book or election infrastructure
equipment.
(c) Documentation for subsequent purchase or lease.--If a
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,
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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.
(e) Approval for prior purchase or lease.--If the department
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 submitted under
subsection (c), the department and the county shall enter into a
written grant agreement through which the department shall
provide funding to the county to purchase or lease electronic
poll books or election infrastructure equipment at the amount
determined under subsection (g). The county shall hold the grant
money in an account of the county that is separate from each
other county 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.--
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(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 has had an application approved under subsection (e) or
(f) may receive as reimbursement or payment no more than 100%
of the total amount submitted in their application.
(3) If the total amount of reimbursement or payment
approved by the department under subsections (e) and (f)
exceeds the total amount available for reimbursement or
payment, a county may receive as reimbursement or payment a
portion of the amount available that is equal to the total
amount approved by the department for that respective county
divided by the total amount approved by the department for
all counties under subsection (b) or (c).
(4) The department shall prioritize the funding of
electronic poll books over the funding of election
infrastructure equipment.
Section 2. Section 1210(a.4)(5)(i) and (ii) of the act are
amended to read:
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.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 on election day)
and casts a provisional ballot, the county board of elections
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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;
(B) the signature required under clause (3) and the
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
election the elector fails to appear before the county board of
elections to execute an affirmation or the county board of
elections does not receive an electronic, facsimile or paper
copy of 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 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
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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[.], unless the
county board of elections determines that the elector's absentee
or mail-in ballot will not be counted; or
(G) an application for voter registration was made under 25
Pa.C.S. § 1325.1 (relating to same-day voter registration on
election day), but the application was rejected by the
appropriate commission.
* * *
Section 3. Section 1231(b) of the act is amended by adding a
paragraph to read:
Section 1231. Deadline for Receipt of Valid Voter
Registration Application.--* * *
(b) In the administration of voter registration, each
commission shall ensure that an applicant who is a qualified
elector is registered to vote in an election when the applicant
has met any of the following conditions:
* * *
(3.1) In the case of same-day voter registration under 25
Pa.C.S. § 1325.1 (relating to same-day voter registration on
election day), if the valid voter registration application of
the applicant is accepted in the appropriate electoral district
by the presiding election officer.
* * *
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Section 4. The act is amended by adding an article to read:
ARTICLE XII-A
IN-PERSON EARLY VOTING IN ELECTIONS
Section 1201-A. Conduct.
(a) Authority.--Notwithstanding any law to the contrary,
each county board shall provide for a period of in-person early
voting in elections as provided for under this article.
(b) Issuance of ballots and voting booths.--
(1) A registered elector may request to vote early in
person at any early voting location in the county of their
residence. The county board shall issue a ballot to the
registered elector or, in the case of an electronic voting
system under Article XI-A, permit the registered elector to
vote on the county voting system for in-person early voting.
Except as otherwise provided under this article, a registered
elector who appears for early voting must vote on the
premises designated by the county board for early voting and
must be offered the same voting system in use by the county
on election day.
(2) During the period for early voting prescribed under
section 1203-A, each county board shall provide ballots or
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 all other early voting
locations established by the county board for the conduct of
early 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.
(3) In conducting early voting under this article, an
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early voting election official shall verify the signature of
the early voter by comparison with the signature on the
district register and shall verify:
(i) that the voter is a registered elector;
(ii) the election district in which the voter is
registered;
(iii) that the voter has not already voted;
(iv) the proper ballot of the election district in
which the registered elector resides and is entitled to
vote before providing an early voting ballot to the
applicant, in accordance with section 1210; and
(v) the voter's registration from the most recent
district register provided by the county board. If the
voter is not listed, the election official shall contact
the office of the county board to determine what further
action the voter must take to register or vote.
(4) The election official shall maintain a list of all
voters who appeared to vote in person. At the end of each
early voting day, the list of voters who appeared and cast an
early voting ballot shall be transmitted to the county board
and entered into the SURE system.
(c) Lists of early voters.--The county board shall maintain
a list of each registered elector in each election district who
votes. The list must be maintained for each election district in
the county and updated daily. The county board shall deliver an
updated district register listing voters who have already voted
at each early voting location before the start of early voting
the following day. All electronic poll books shall be updated to
reflect the same.
(d) General register.--The county board shall indicate in
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the general register, or any other system used to update voter
histories in real time, whether a voter has voted early in the
election. A voter who is listed in the general register as
having voted early shall not be permitted to vote by any other
method permitted by law, including at their polling place on any
primary or election day.
(e) Provisional ballot.--Notwithstanding any other provision
in this section, a voter who believes they have been erroneously
listed as having voted shall be permitted to vote a provisional
ballot in accordance with section 1210.
Section 1202-A. Early voting locations.
(a) Minimum location requirement.--A county board shall
establish at least two early voting locations for in-person
early voting in the county. At least one location shall be at an
office of the county board.
(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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county board.
(f) Factors.--For an early voting location established under
this section or section 1204-A and not located at an office of
the county board, the site must be geographically located to
provide all voters in the county an equal opportunity to cast a
ballot, as much as practicable, and must provide sufficient
nonpermitted parking to accommodate the anticipated number of
voters. The county board shall consider the following factors:
(1) proximity to public transportation lines and
availability of parking;
(2) proximity to communities which will provide the
greatest opportunity for residents of rural areas to vote
during the early voting period;
(3) proximity to nursing homes, hospitals, long-term
care facilities, and public universities or community
colleges;
(4) travel time to the early voting location;
(5) commuter traffic patterns;
(6) geographic features that may affect an elector's
equitable access to early voting locations;
(7) population density;
(8) use of existing voting locations that typically
serve a significant number of electors;
(9) use of public buildings that are known to electors
in the county, especially to the extent that using the
buildings results in cost savings compared to other potential
locations; and
(10) if private locations are considered or designated
as early voting locations, methods and standards to ensure
the security of voting conducted at the locations.
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(g) Accessibility.--Early voting locations shall be
accessible to persons with disabilities and provide accessible
voting systems or a means for a person with a disability to
vote.
(h) Prohibition.--An individual within an early voting
location or temporary early voting location may not electioneer
or solicit votes for a political party, political body,
candidate or in support or opposition of a ballot question.
Written or printed material may not be posted within the early
voting location or temporary early voting location, except as
required under this act.
(i) Distance.--All persons except for an appointed election
officer, county designated election official, clerk, machine
inspector, overseer, watcher, person in the course of voting,
including a person delivering an absentee or mail-in ballot to a
ballot drop box located in the early voting location, person
lawfully giving assistance to a voter and peace or police
officer, when permitted under this act, must remain at least 10
feet distant from the early voting location or temporary early
voting location during the progress of the voting.
(j) Early voting location officials.--
(1) The county board shall designate a county employee
or, if a county employee is unavailable, appoint a duly
elected judge of elections from any election district in the
county to serve as the presiding election officer in charge
at an early voting location.
(2) The county board shall also appoint as many
additional election officials and clerks as needed to
sufficiently staff and operate an early voting location.
(3) If appointing election officials at early voting
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locations, the county board shall appoint individuals from
different political parties, including nonaffiliated voters.
(4) The duties of the election officials in carrying out
the procedures of voting at early voting locations shall
comply with the duties of district election officers under
this act.
(5) All individuals appointed to serve at early voting
locations must attend training provided by the county board
before they can serve at the early voting location.
(6) An election officer, elected or appointed in an
election district, may be appointed as an election official
or clerk in an early voting location, unless prohibited by
law.
(7) The secretary shall issue requirements and
qualifications for training and appropriate daily rates, as
permitted by law, for compensation of staff at early voting
locations.
(8) All early voting location officials and staff must
be registered voters of the county.
(k) Watcher.--Each candidate and each party or political
body may appoint one watcher consistent with section 417 who
shall be present within the early voting location or temporary
early voting location from the time that county designees meet
prior to the opening of the early voting location or temporary
early voting location until the time that county designees
depart the early voting location or temporary early voting
location. A watcher must be a qualified elector of the county in
which the watcher serves and must show their certificate if
requested to do so.
(l) Voters permitted to vote.--When the hour for closing the
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early voting location arrives, all qualified electors who have
already qualified, and are inside the enclosed space, shall be
permitted to vote. Qualified electors who are in the early
voting location outside the enclosed space waiting to vote and
voters who are in line either inside or outside of the early
voting location waiting to vote, shall be permitted to vote.
Section 1203-A. Period for early voting.
(a) Commencement and ending.--The period for in-person early
voting shall begin on the 17th day preceding the date of an
election and extend through 8 p.m. on the Sunday before election
day.
(b) Schedule.--Except as provided under subsection (c), each
early voting location must remain open beginning the 17th day
before an election during the hours of 7 a.m. through 8 p.m. the
Sunday before election day.
(c) Emergency closure.--Notwithstanding subsection (b), a
county board may close an early voting location if the building
in which the early voting location is located has been closed in
response to a severe weather emergency or other emergency. The
county board shall notify the Secretary of the Commonwealth of
each closure and shall make reasonable efforts to provide notice
to the public of an alternative early voting location under
section 1204-A.
(d) Security of ballots and voting equipment.--The county
board shall ensure that each ballot, scanner and other voting
equipment used during the early voting period are secured in
accordance with Article XI-A. The following shall apply:
(1) At the beginning of each day of early voting, the
early voting location officials shall examine every ballot
box, scanner and tabulator, if applicable, to ensure that
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they remain locked and sealed. Upon completion of their
examination, the early voting location officials shall sign a
declaration attesting to the same on a form prescribed by the
Secretary of the Commonwealth.
(2) At the end of each day of early voting, the early
voting location officials shall examine every ballot box,
scanner and tabulator, if applicable, to ensure that they
remain locked and sealed. Upon completion of their
examination, the early voting location officials shall sign a
declaration attesting to the same on a form prescribed by the
Secretary of the Commonwealth.
(3) All voting equipment and materials shall be secured
each day in a manner that ensures that access shall be
limited only to designated election officials. A daily
written record of persons who entered the secured locations
shall be kept and transmitted to the county board at the end
of the early voting period.
(4) At the conclusion of each day of early voting, the
ballot box containing paper ballots or voter verified paper
records shall be emptied and the paper ballots or voter
verified paper records shall be placed in a secure transit
container, locked and sealed with a tamper evident seal. The
ballots shall be transported by at least two election
officials from the early voting location or others designated
by the county board, each from a different major political
party, to the county board for secure storage until official
canvass of votes.
(5) At the conclusion of the early voting period,
election officials shall follow the procedures for closing
the polls as provided for in this act. All voting materials,
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paper ballots, voter verified paper records and all digital
storage devices shall be securely transmitted to the county
board for inclusion in the official tally of the election
returns. Provided, that no results of early voting shall be
disclosed until after the close of the polls on primary or
election day.
(6) The secretary shall issue directives or instructions
for secure chain of custody protocols for early voting
locations consistent with national best practices.
Section 1204-A. Designation of temporary early voting
locations.
(a) Temporary early voting locations.--In addition to early
voting locations established under section 1202-A, the county
board may establish temporary early voting locations for early
voting due to an emergency closure under section 1202-A or to
provide sufficient access to voters in the county. Temporary
early voting locations may be located in any location eligible
to be selected as a polling place under Article V.
(b) Applicability of schedule.--
(1) The schedule for the conduct of early voting under
section 1203-A(b) shall apply to temporary early voting
locations unless an exception is granted by the secretary.
Early voting at temporary early voting locations may be
conducted on one or more days and during hours within the
early voting period established for in-person early voting
under section 1203-A(b) if permitted by the secretary.
(2) The schedule for the conduct of early voting at a
temporary early voting location shall not need to be uniform
among the temporary early voting locations if approved by the
secretary.
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(3) Publication of temporary early voting locations and
schedules under section 1206-A shall occur at least 10 days
before early voting begins unless the temporary early voting
location is established within 10 days of early voting
beginning or is established after early voting begins, in
which case:
(i) a notice of the temporary early voting location
shall be posted at the original early voting location
with the address for the temporary early voting location
and the hours of operation;
(ii) as soon as the county board determines the
temporary voting location, notice of the address and
schedule shall be published; and
(iii) notice of the early voting location and
schedule shall be posted on the county's publicly
accessible Internet website.
Section 1205-A. Public buildings.
(a) Early voting locations.--
(1) Upon request by a county board, the governing body
of a municipality shall make public buildings within the
county available as early voting locations without charge. A
request to use a public building shall include reasonably
necessary time before and after the period that early voting
will be conducted at the public building.
(2) A municipality making a public building available as
an early voting location shall ensure that any portion of the
building made available is accessible to voters with
disabilities and elderly voters.
(b) Use of school.--Notwithstanding any other provision of
law, a school may only be used as an in-person early voting
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location if voting can occur separately without access to other
areas of the school or school children and the location and
access comply with the general security procedures in force at
the school.
Section 1206-A. Publication of early voting locations and
schedules.
(a) Notice.--No later than 30 days before an election, the
county board shall publish in a newspaper of general circulation
in the county a schedule stating:
(1) the location of each early voting location;
(2) the location of each temporary early voting
location; and
(3) the dates and hours that early voting will be
conducted at each early voting and temporary early voting
location.
(b) Posting requirements.--Each county board shall post a
copy of the schedule at an office or other location that is to
be used as an early voting or temporary early voting location.
The schedule must be posted continuously and updated for a
period beginning not later than the 10th day before the
commencement of early voting and ending on the last day of the
early voting period.
(c) Copies.--The county board must make copies of the
schedule available to the public in reasonable quantities
without charge during the period of posting.
(d) Electronic posting.--
(1) If the county board maintains a publicly accessible
Internet website, the county board shall make the schedule
available on the website no later than 30 days before the
election.
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(2) A municipality within the county that maintains a
publicly accessible Internet website shall also make the
schedule available on the website no later than 30 days
before the election.
(e) Prohibition and exception after schedule publication.--
(1) Additional early voting locations may not be
established after the schedule is published under this
section.
(2) Additional temporary early voting locations may be
established after the schedule is published if the temporary
early voting locations are open to each registered elector.
The locations, dates and hours of each additional temporary
early voting location shall be reported to the Secretary of
the Commonwealth and posted on the publicly accessible
Internet website of the county board, the county and any
municipality located within the county.
Section 1207-A. List of early voting locations.
No later than 30 days before the commencement of early
voting, each county board shall provide the Secretary of the
Commonwealth with a list of each early voting location and the
hours each location will be open for early voting. The secretary
shall develop a tool on the department's publicly accessible
Internet website for voters find early voting location and
temporary early voting locations in their counties.
Section 1208-A. Results.
Results of early voting may not be made available to the
public other than through the tabulation process used for votes
cast on election day, after the closing of polls.
Section 1209-A. Directives of secretary.
(a) General rule.--The secretary shall issue a directive to
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counties specifying in-person early voting polling procedures
and best practices to ensure uniform implementation in every
county.
(b) Additional directives.--The secretary may issue
additional directives as necessary in order to facilitate the
administration of early voting and temporary early voting
locations.
Section 5. Sections 1222(c) and 1321 of Title 25 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 1222. SURE system.
* * *
(c) Requirements.--The SURE system shall be developed as a
single, uniform integrated computer system. All commissions
shall be connected electronically to the SURE system and shall
maintain their registration records in the system. The SURE
system shall, at a minimum, do all of the following:
* * *
(22) Facilitate the use of electronic poll books.
* * *
§ 1321. Methods of voter registration.
An individual qualified to register to vote under section
1301(a) (relating to qualifications to register) may apply to
register as follows:
* * *
(5) Under section 1325.1 (relating to same-day voter
registration on election day).
Section 6. Title 25 is amended by adding sections to read:
§ 1325.1. Same-day voter registration on election day.
(a) General rule.--A qualified elector who is not registered
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to vote in this Commonwealth, or was previously registered to
vote and has moved to a different address, may register on
election day and vote by appearing in person at the polling
place for the electoral district in which the individual
maintains residence by completing and submitting a registration
application to the judge of election, or other designated
official, and providing proof of identification and residence.
(b) Valid forms of identification.--
(1) In addition to providing a completed voter
registration form, an applicant must provide a valid form of
identification, including any of the following:
(i) A valid driver's license or identification card
issued by the Department of Transportation.
(ii) A valid identification card issued by any other
agency of the Commonwealth.
(iii) A valid identification card issued by the
Federal Government.
(iv) A valid identification card issued by a county,
municipality or school district of this Commonwealth.
(v) A valid United States passport.
(vi) A valid student identification card.
(vii) A valid employee identification card.
(viii) A valid identification card issued by the
armed forces of the United States.
(ix) A valid identification card issued by a
federally recognized tribal government certifying tribal
membership.
(x) A birth certificate.
(xi) A valid identification card issued by another
state if proof of current residency in the Commonwealth
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and district is also presented under paragraph (2).
(2) If the applicant does not have photo identification
as provided for in paragraph (1) or the proof of
identification provided by the applicant does not include
proof of the applicant's residential address, the applicant
shall present for examination one of the following forms of
identification that show the name and address of the elector:
(i) Nonphoto identification issued by the
Commonwealth or an agency thereof.
(ii) Nonphoto identification issued by the Federal
Government or an agency thereof.
(iii) A firearm permit.
(iv) Nonphoto identification issued by any county,
municipality or school district of this Commonwealth.
(v) A current utility bill that has a due date not
later than 30 days after the election, including a bill
from a cellular telecommunications provider.
(vi) A current bank statement that was issued not
more than 30 days before the election.
(vii) A paycheck that was issued not more than 30
days before the election.
(viii) A government check that was issued not more
than 30 days before the election.
(ix) In the case of an applicant who is a student at
an institution of higher education, a registration or fee
statement from the institution that has the applicant's
name and current address.
(x) A current residential lease.
(c) Distribution of voter registration form.--The commission
shall distribute to each polling place in the county, including
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early voting locations, the voter registration application forms
as required by section 1327 (relating to preparation and
distribution of applications) for use in registering voters on
election day. The secretary shall approve the form of the
application and is authorized to issue directives that shall
include instructions to inform the applicant of the same-day
voter registration application process and the process for
counting the applicant's vote and verifying the applicant's