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PRINTER'S NO. 3459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2473
Session of
2024
INTRODUCED BY SANCHEZ AND GROVE, JULY 1, 2024
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 1, 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," in returns of primaries and elections, further
providing for appeals to court from decisions of the county
board and for Secretary of the Commonwealth to tabulate,
compute and canvass returns; and, in recounts and contests,
further providing for entry and effect of decision and
providing for appeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1407 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended by adding a subsection to read:
Section 1407. Appeals to Court from Decisions of the County
Board.--
* * *
(c) The court on an appeal shall proceed without delay to
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hear the appeal, shall give the appeal precedence over other
business before it and shall finally determine the appeal as
expeditiously as possible but no later than seven (7) days after
the date the appeal was filed.
Section 2. Sections 1409 and 1732 of the act are amended to
read:
Section 1409. Secretary of the Commonwealth to Tabulate,
Compute and Canvass Returns.--(a) Upon receiving the certified
returns of any primary [or election] from the various county
boards, the Secretary of the Commonwealth shall forthwith
proceed to tabulate, compute and canvass the votes cast for all
candidates enumerated in section 1408, and upon all questions
voted for by the electors of the State at large, and shall
thereupon certify and file in his office the tabulation thereof.
(b) Upon receiving the certified returns of any general,
municipal or special election from the various county boards,
the Secretary of the Commonwealth shall forthwith proceed to
tabulate, compute and canvass the votes cast for all candidates
enumerated in section 1408, and upon all questions voted for by
the electors of the State at large, and shall thereupon certify
and file in his office the tabulation thereof no later than the
fifth Tuesday after election day.
(c) (1) If the Secretary of the Commonwealth has reason to
believe that the tabulation under subsection (b) will not be
certified and filed by the time specified, the Secretary of the
Commonwealth shall, no later than seven (7) days before the
fifth Tuesday after election day, provide a notice to the
following:
(i) The President pro tempore of the Senate.
(ii) The Speaker of the House of Representatives.
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(iii) The chairperson and minority chairperson of the State
Government Committee of the Senate.
(iv) The chairperson and minority chairperson of the State
Government Committee of the House of Representatives.
(2) The notice under clause (1) shall include detailed
information regarding the concerns and potential barriers to
timely certification.
Section 1732. Entry and Effect of Decision.--After the
hearing of the said case, the said judges shall, [without
unnecessary delay] as expeditiously as possible but no later
than seven (7) days after the petition's filing, decide which of
the candidates voted for received the greatest number of legal
votes, and is entitled to the nomination or office which
decision shall be entered of record to the case in the said
court, and a certified copy thereof shall, within five (5) days
from the rendering thereof, be delivered to the Secretary of the
Commonwealth, whereupon the person who, by the decision of the
court, shall appear to have received the largest number of
votes, shall be entitled to the nomination or to the office, and
be commissioned accordingly.
Section 3. The act is amended by adding a section to read:
Section 1733. Appeal.--A party aggrieved by the judge's
decision under section 1732 may appeal the decision to the
Supreme Court within one (1) day of the rendering of the
decision. The Supreme Court, within six (6) days of the appeal's
filing, but no later than seven (7) days before the date for the
meeting of presidential electors specified under 3 U.S.C. ยง 7
(relating to meeting and vote of electors), whichever is
earlier, shall issue its determination of the appeal.
Section 4. This act shall take effect immediately.
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