A07899
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
1100
Session of
2020
INTRODUCED BY TOPPER, NOVEMBER 17, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 17, 2020
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
coordinate a risk-limiting audit of ballots canvassed in the
2020 general election.
WHEREAS, The 2020 Pennsylvania general election results have
generated a significant amount of interest among our citizens;
and
WHEREAS, Counties across Pennsylvania continue their work to
count ballots and certify election returns; and
WHEREAS, Actions taken by the Pennsylvania Supreme Court and
the Department of State in the weeks leading up to the general
election have created confusion for citizens and county election
officials; and
WHEREAS, The enactment of Act 77 of 2019 and Act 12 of 2020
provided comprehensive amendments to the Pennsylvania Election
Code and made significant changes to the elections process in
Pennsylvania which were used for the first time in the 2020
primary and general elections; and
WHEREAS, A litany of inconsistencies have followed from
Federal and State court decisions, orders and administrative
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guidance, including the dismissal of signature requirements for
mail-in ballots, certain counties allowing for curative
measures, counties not following the United States Supreme Court
ruling requiring ballots received after election day to be
segregated and more; and
WHEREAS, Pennsylvania citizens have questioned the process by
which the 2020 general election has been conducted, regardless
of which candidate or party may prevail; and
WHEREAS, The Commonwealth must take every possible step to
ensure that all Pennsylvanians and all Americans know that our
Commonwealth has conducted the 2020 general election with
integrity; therefore be it
RESOLVED, That the House of Representatives direct the
Legislative Budget and Finance Committee to coordinate and
manage a risk-limiting audit of the 2020 general election; and
be it further
RESOLVED, That the audit shall include statistically
significant samples chosen from each county in this
Commonwealth; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
may contract with an outside auditing agency or firm to conduct
the audit; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
shall issue a report, as directed by this resolution, of the
2020 general election to accompany the audit; and be it further
RESOLVED, That the report issued pursuant to this resolution
by the Legislative Budget and Finance Committee shall include,
but not be limited to, the following data relating to the
administration of the 2020 general election by the Department of
State, a county board of elections under Article III of the
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Pennsylvania Election Code or a registration commission
established under 25 Pa.C.S. ยง 1203:
(1) For each county and the sum for this Commonwealth,
the number of applications for an absentee ballot which were
received by the county boards 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 returned by qualified electors
which were canvassed.
(6) For each county and the sum for this Commonwealth,
the number of mail-in ballots returned by qualified electors
which were canvassed.
(7) For each county and the sum for this Commonwealth,
the number of qualified electors voting by a provisional
ballot under section 1210(a.4) of the Pennsylvania Election
Code.
(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) of the Pennsylvania Election
Code.
(9) For each county and the sum for this Commonwealth,
the number of qualified electors voting by provisional ballot
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under section 1306-D(b)(2) of the Pennsylvania Election Code.
(10) For each county and the sum for this Commonwealth,
the number of provisional ballots under paragraphs (7), (8)
and (9) which were canvassed.
(11) For each county and the sum for this Commonwealth,
the number of applications for an absentee ballot by an
individual who was not a registered elector at the time of
the application and for whom a voter registration application
was timely received after the application for an absentee
ballot was received.
(12) For each county and the sum for this Commonwealth,
the number of applications for a mail-in ballot by an
individual who was not a registered elector at the time of
the application and for whom a voter registration application
was timely received.
(13) For each county and the sum for this Commonwealth,
the number of voter registration applications under section
1231 of the Pennsylvania Election Code and 25 Pa.C.S. Pt. IV
which were received:
(i) Fewer than 30 days before the 2020 general
election.
(ii) Fewer than 15 days before the 2020 general
election.
(14) For each county, the date and time that the county
board of elections began pre-canvassing absentee ballots and
mail-in ballots under section 1308(g)(1.1) of the
Pennsylvania Election Code.
(15) For each county, the date and time that the county
board of elections began canvassing absentee ballots and
mail-in ballots under section 1308(g)(2) of the Pennsylvania
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Election Code.
(16) The number of incidents known to the Department of
State, county board of elections or registration commission
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was
sent to the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was
voted by an individual other than the individual who
applied for the absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means
other than that which is permissible by law,
notwithstanding any court opinion or order.
(17) 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 commission in
response to an incident under paragraph (16), including
determinations made on the incident, legal actions filed and
referrals to law enforcement.
(18) 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 of the
Pennsylvania Election Code, including any technical issues or
software problems encountered in polling places and
recommendations for spot verifications of tabulated votes as
compared to reported votes.
(19) A review of any inconsistent treatment of mail-in
ballots received by counties after 8 p.m. on November 3,
2020, under Articles XIII and XIII-D of the Pennsylvania
Election Code.
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(20) A review of any inconsistencies in the manner in
which counties processed deficient ballots under Articles
XIII and XIII-D of the Pennsylvania Election Code.
(21) A review of the access given to poll watchers as
provided for under section 417 of the Pennsylvania Election
Code, including any inconsistencies in the standards used in
allowing access or disparate treatment of poll watchers due
to political affiliation.
(22) A review of the access given to authorized
representatives as provided for under section 1308(g)(1.1)
and (2) of the Pennsylvania Election Code, including any
inconsistencies in the standards used in allowing access or
disparate treatment of authorized representatives due to
political affiliation
(23) A review of issues or incidents regarding the use
of drop boxes, the monitoring of drop boxes and any
inconsistencies with the monitoring and usage of drop boxes
by counties.
(24) A review of issues or incidents of the review
process of absentee, mail-in, in-person and provisional
ballots and any inconsistencies in the standards applied to
determine the eligibility of voters or ballots by counties;
and be it further.
(25) A review of issues or incidents related to delayed
mail service by the United States Postal Service;
and be it further
RESOLVED, That the Department Of State shall assist the
Legislative Budget and Finance Committee in collecting the data
required to be included in the report from each county board of
elections which conducts an election and each registration
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commission under 25 Pa.C.S. Pt. IV in a county which conducts an
election; and be it further
RESOLVED, That the Chief Clerk of the House of
Representatives reimburse the Legislative Budget and Finance
Committee for expenses from any contracted services related to
the work directed by this resolution; and be it further
RESOLVED, That a county board of elections or registration
commission shall comply with the request for submission of data
under this resolution no later than 45 days after the 2020
general election unless an extension of not more than 30 days is
deemed necessary by the Legislative Budget and Finance
Committee; and be it further
RESOLVED, That the Legislative Budget and Finance Committee,
or the auditing entity that the Legislative Budget and Finance
Committee contracts with, shall notify the Speaker of the House
of Representatives if a county board of elections or
registration commission or the Department of State does not
respond to a request for the submission of data under this
resolution; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
issue the audit and final report of findings no later than 60
days after the 2020 general election to the Speaker of the House
of Representatives, the Minority Leader of the House of
Representatives and the Secretary of the Commonwealth unless an
extension of not more than 30 days is deemed necessary by the
Legislative Budget and Finance Committee; and be it further
RESOLVED, That a copy of the report shall be made available
on the Legislative Budget and Finance Committee's publicly
accessible Internet website and the Department of State's
publicly accessible Internet website.
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