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A01754
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1300
Session of
2021
INTRODUCED BY GROVE, RYAN, E. NELSON, ORTITAY, SCHEMEL, LEWIS,
WHEELAND, OWLETT AND R. MACKENZIE, JUNE 10, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 2021
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," as follows:
in preliminary provisions, further providing for definitions,
providing for legislative authority over elections,
establishing the Bureau of Election Audits and providing for
special standing in challenges to the Election Code;
in the Secretary of the Commonwealth, further providing for
powers and duties of the Secretary of the Commonwealth and
providing for reports on implementation of elections;
in county boards of elections, further providing for powers and
duties of county boards and providing for county boards of
elections and satellite offices;
in district election officers, further providing for
compensation of district election officers;
providing for registration of electors;
in ballots, further providing for form of official election
ballot and for number of ballots to be printed and specimen
ballots;
in voting machines, further providing for examination and
approval of voting machines by the Secretary of the
Commonwealth, for requirements of voting machines, for
preparation of voting machines by county election boards and
for delivery of voting machines and supplies by county
election boards to election officers;
in electronic voting systems, further providing for statistical
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sample and providing for requirements of accessible voting
machines;
in voting apparatus bonds, providing for voting system defects,
disclosure, investigations and penalties;
in preparation for and conduct of primaries and elections,
providing for voter's bill of rights, for senior voter's bill
of rights, for disabled voter's bill of rights and further
providing for time for opening and closing polls, 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;
in voting by qualified absentee electors, further providing for
applications for official absentee ballots, for date of
application for absentee ballot, for delivering or mailing
ballots, for voting by absentee electors, providing for
supervised voting by qualified absentee electors in certain
facilities and further providing for canvassing of official
absentee ballots and mail-in ballots;
in voting by qualified mail-in electors, further providing for
applications for official mail-in ballots, for date of
application for mail-in ballot, for delivering or mailing
ballots and for voting by mail-in electors;
in Pennsylvania Election Law Advisory Board, further providing
for Pennsylvania Election Law Advisory Board;
providing for early voting by qualified electors;
in returns of primaries and elections, further providing for
returns to be open to public inspection and exceptions and
for computation of returns by county board, certification and
issuance of certificates of election;
in recounts and contest, providing for powers and duties of the
Attorney General relating to elections;
in penalties, further providing for disobeying lawful
instructions, for perjury, for false affidavits of
candidates, for refusal to permit inspection of papers,
destruction or removal and Secretary of the Commonwealth, for
refusal to permit inspection of papers, destruction or
removal and county boards of elections, for insertion and
alteration of entries in documents, removal and refusal to
deliver, for refusal to permit overseers, watchers, attorneys
or candidates to act, for driving away watchers, attorneys,
candidates or overseers, for refusal to permit election
officers, clerks and machine inspectors to act and driving
away said persons, for refusal to administer oath and acting
without being sworn, for violation of oath of office by
election officers, for peace officers, failure to render
assistance and hindering or delaying county board members and
others, for nomination petitions and papers and offenses by
signers, for false signatures and statements in nomination
petitions and papers, for nomination petitions, certificates
and papers, destruction, fraudulent filing and suppression,
for offenses by printers of ballots, for unlawful possession
of ballots and counterfeiting ballots, for forging and
destroying ballots, for tampering with voting machines, for
destroying, defacing or removing notices, et cetera, for
police officers at polling places and for peace officer,
failure to quell disturbances at polls, hindering or delaying
election officers and others, for election officers
permitting unregistered electors to vote, challenges and
refusing to permit qualified electors to vote, for election
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officers refusing to permit elector to vote in proper party
at primaries, for frauds by election officers, for prying
into ballots, for interference with primaries and elections,
frauds and conspiracy, for persons interfering in other
districts, for assault and battery at polls, for unlawful
assistance in voting, for election officers permitting
unlawful assistance, for failure to keep and return record of
assisted voters, for unlawful voting, for elector voting
ballot of wrong party at primary, for repeat voting at
elections, for removing ballots, for commissioners to take
soldiers' votes, for fraudulent voting by soldiers, for
bribery at elections, for receipts and disbursements of
primary and election expenses by persons other than
candidates and treasurers, for receipts of primary and
election expenses by unauthorized persons, for contributions
by corporations or unincorporated associations, for failure
to file expense account, for prohibiting duress and
intimidation of voters and interference with the free
exercise of the elective franchise, for failure to perform
duty, for hindering or delaying performance of duty, for
violation of any provision of act, for violations of
provisions relating to absentee and mail-in ballots and
providing for unlawful collection of ballots;
providing for reimbursements and withholding; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(e), (n), (p), (r), (s), (t), (z-1),
(z.4) and (z.5) of the act of June 3, 1937 (P.L.1333, No.320),
known as the Pennsylvania Election Code, are amended and the
section 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:
* * *
(e) [The] Except as provided in section 700-A, the words
"district register" shall mean the [cards] electronic poll book
containing all or any part of the registry list of qualified
electors of the same election district, as prepared by the
registration commissions.
* * *
(n) [The] Except as provided in section 700-A, the word
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"party" shall mean a political party, as defined in section 801
of this act.
* * *
(p) [The] Except as provided in section 700-A, the words
"political body" shall mean an independent body of electors, as
defined in section 801 of this act.
* * *
(r) [The] Except as provided in section 700-A, the words
"primary" or "primary election" shall mean any election held for
the purpose of electing party officers and nominating candidates
for public offices to be voted for at an election.
* * *
(s) [The] Except as provided in section 700-A, the words
"public office" shall include every public office to which
persons can be elected by a vote of the electors under the laws
of this State.
(t) [The] Except as provided in section 700-A, the words
"qualified elector" shall mean any person who shall possess all
of the qualifications for voting now or hereafter prescribed by
the Constitution of this Commonwealth, or who, being otherwise
qualified by continued residence in his election district, shall
obtain such qualifications before the next ensuing election.
* * *
(z-1) [The] Except as provided in section 700-A, the words
"in military service" shall mean the uniformed services as
defined in section 102 of the Career Compensation Act of 1949
(63 Stat. 804 U.S. Code, Title 37, Par. 231).
* * *
(z.4) [The] Except as provided in section 700-A, the word
"municipality" shall mean a city, borough, incorporated town,
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township or any similar general purpose unit of government which
may be created by the General Assembly.
(z.5) The words "proof of identification" shall mean:
[(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
a valid-without-photo identification card issued by the
Department of Transportation.
(2) For an elector who appears to vote under section 1210, a
document that:
(i) shows the name of the individual to whom the document
was issued and the name substantially conforms to the name of
the individual as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date and is not expired,
except:
(A) for a document issued by the Department of
Transportation which is not more than twelve (12) months past
the expiration date; or
(B) in the case of a document from an agency of the Armed
forces of the United States or their reserve components,
including the Pennsylvania National Guard, establishing that the
elector is a current member of or a veteran of the United States
Armed Forces or National Guard which does not designate a
specific date on which the document expires, but includes a
designation that the expiration date is indefinite; and
(iv) was issued by one of the following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employee of
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that municipality.
(D) An accredited Pennsylvania public or private institution
of higher learning.
(E) A Pennsylvania care facility.
(3) For a qualified absentee elector under section 1301 or a
qualified mail-in elector under section 1301-D:
(i) in the case of an elector who has been issued a current
and valid driver's license, the elector's driver's license
number;
(ii) in the case of an elector who has not been issued a
current and valid driver's license, the last four digits of the
elector's Social Security number;
(iii) in the case of an elector who has a religious
objection to being photographed, a copy of a document that
satisfies paragraph (1); or
(iv) in the case of an elector who has not been issued a
current and valid driver's license or Social Security number, a
copy of a document that satisfies paragraph (2).]
(1) In the case of any elector, at least one of the
following:
(i) the elector's driver's license;
(ii) in the case of an elector who has a religious objection
to being photographed, a copy of a valid-without-photo driver's
license or a valid-without-photo identification card issued by
the Department of Transportation;
(iii) the elector's voter registration card with scannable
identification number and a copy of the elector's signature, as
issued by a county under section 302;
(iv) a document from an agency of the armed forces of the
United States or their reserve components, including the
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Pennsylvania National Guard, establishing that the elector is a
current member of or a veteran of the United States Armed Forces
or National Guard which does not designate a specific date on
which the document expires, but includes a designation that that
expiration date is indefinite;
(v) a document issued by the secretary under section 201(n);
(vi) an affidavit provided to an elector by elections
officers, on which the elector shall affirm his or her identity,
including his or her signature and the last four digits of his
or her Social Security number. The affidavit shall include
disclosure of the penalties under section 1802; or
(vii) a document that shows the name and photograph of the
individual to whom the document was issued, includes an
expiration date and is not expired and is issued by one of the
following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employe of
that municipality.
(D) An accredited public or private institution of higher
learning located in this Commonwealth.
(E) A care facility located in this Commonwealth.
(2) (Reserved).
* * *
(z.7) The words "ballot comparison risk-limiting audit"
shall mean a statistical audit that compares the interpretation
of individual ballots according to the voting system to a human
interpretation of the same individual ballots.
(z.8) The words "risk limit" shall mean the maximum chance
that an audit will not progress to a full hand recount if the
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voting system record is incorrect.
(z.9) The words "ballot-polling risk-limiting audit" shall
mean a statistical audit that selects ballots at random and
interprets the ballots by hand until there is strong evidence
that the recorded outcome in an election is correct, or until
all the votes have been counted by hand.
Section 2. The act is amended by adding sections to read:
Section 107. Legislative Authority Over Elections.--Article
I, section 5 of the Constitution of the United States and
Article VII of the Constitution of Pennsylvania vest authority
for prescribing election law in the General Assembly.
Section 108. Bureau of Election Audits.--(a) The Bureau of
Election Audits is established in the Department of the Auditor
General. The Bureau of Election Audits shall have subpoena power
to request from the department or a county any documents,
records, papers, data, ballots, election materials or testimony
necessary for the efficient completion of the audits required
under this section.
(b) The Auditor General shall conduct independent election
audits in accordance with generally accepted governmental audit
standards (GAGAS) and appropriate Service Organization Control
standards and shall ensure that the audit methodology will
verify the accuracy of the election and the accuracy of
election equipment used.
(c) If the Auditor General is on the ballot, the Auditor
General shall appoint an independent special auditor who shall
be a licensed certified public accountant and shall have
experience in completing election audits to oversee the
operation of the Bureau of Election Audits.
(d) The Bureau of Election Audits shall ensure continuous
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improvement of the election audits required under this section
to ensure the accuracy of election results and compliance with
Federal and State laws.
(e) The duties of the Bureau of Election Audits shall
include:
(1) To conduct result-confirming audits of each election in
this Commonwealth, completed by the third Friday following the
election. The audits shall include:
(i) A statistically sound, ballot-comparison risk-limiting
audit of ballots for each election, except for an election which
is uncontested, and except as provided in section 1117-A where a
ballot-polling audit shall be conducted.
(ii) An audit of election machine logs.
(iii) An audit of the returned absentee and mail-in ballots
in each county, including a comparison of retained envelopes on
which the executed declarations appear, for mail-in and absentee
ballots, secrecy envelopes and the total number of absentee and
mail-in ballots canvassed.
(iv) An audit comparing each canvassed and retained paper
ballot in each county with the number of votes recorded.
(v) An audit of the pre-election testing of election
equipment conducted by each county.
(vi) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the outcome of each
election.
(2) To conduct performance audits of the operations of
elections systems and processes at least once every five years.
The audits shall include:
(i) An audit of each county election office in the
Commonwealth.
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(ii) An audit of the Department of State's election
equipment certification process.
(iii) An audit of the Statewide voter registration system,
including an audit of the accuracy of the list of registered
electors.
(iv) An audit of the Department of State's administration of
elections.
(v) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the election
administration in this Commonwealth.
(3) To publicly post audit methodologies for each of the
audits required under this section, including on the Auditor
General's publicly accessible Internet website and the
Department of State's publicly accessible Internet website.
(4) To publicly post the results of each audit required
under this section, including on the Auditor General's publicly
accessible Internet website, the Department of State's publicly
accessible Internet website and each county's publicly
accessible Internet website.
(5) To monitor corrective action plans developed by entities
audited under this section, ensuring that the corrective action
plan addresses deficiencies identified by an audit and that the
plan is successfully executed to remediate deficiencies.
(6) If a full manual recount of an election is undertaken,
the Bureau of Election audits shall not be required to perform
the audit required under paragraph (1)(i).
(f) The duties of the county board of elections shall
include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of audits required under subsection (d).
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(2) Cooperating with the Bureau of Election Audits to post
the results of audits conducted in that county as required under
subsection (e)(4).
(3) Holding a public meeting between the third Saturday
after an election and the fourth Thursday after an election, at
which the board shall make publicly available to the residents
of the county the results of audits conducted under subsection
(d).
(4) Submitting to the Department of State, along with the
certified results of the election, a report with the results of
the audits conducted under subsection (e)(3). The report shall
include the following:
(i) The overall accuracy of election results as confirmed by
the audits under subsection (e)(3).
(ii) A description of any problem or discrepancies
encountered in the administration of the election.
(iii) The identified causes of any problems or
discrepancies.
(iv) Recommended corrective actions with respect to avoiding
or mitigating any problems or discrepancies in future elections.
(5) Developing a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
(g) The duties of the Department of State shall include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of each audit required under subsection (e).
(2) Cooperating with the Bureau of Election Audits to post
the methodologies and results of audits conducted in this
Commonwealth as required under subsection (e)(3) and (4).
(3) To develop a corrective action plan to address any
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findings of error or deficiency within an audit conducted under
this section.
Section 109. Special Standing in Challenges to the Election
Code.--(a) In a judicial proceeding in which all or part of
this act is alleged to be unconstitutional, either or both
chambers of the General Assembly, subject to subsection (b),
shall have special standing to intervene as a party in the
action and to defend the act.
(b) The following shall apply:
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Subcommittee on Management Operation as provided under
section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law.
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require an
action of the Bi-partisan Management Committee as provided under
section 21.1 of the Legislative Officers and Employes Law.
(c) Intervention by either or both chambers of the General
Assembly under this section shall not constitute a waiver of
sovereign immunity, legislative privilege or other privilege or
immunity.
(d) This section shall not make either or both chambers of
the General Assembly a necessary or indispensable party to an
action. A party to an action may not name either or both
chambers of the General Assembly as a party or move to join
either or both chambers of the General Assembly as a party based
on this section.
(e) Nothing in this section shall be construed to limit the
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standing of either or both chambers or an individual member of
the General Assembly in a judicial proceeding in which the
subject matter relates to specific powers unique to a
legislator's functions under the Constitution of Pennsylvania
being diminished or impaired.
Section 3. Section 201 of the act is amended to read:
Section 201. Powers and Duties of the Secretary of the
Commonwealth.--The Secretary of the Commonwealth shall exercise
in the manner provided by this act all powers granted to him by
this act, and shall perform all the duties imposed upon him by
this act, which shall include the following:
(a) To determine, in accordance with the provisions of this
act, the forms of nomination petitions and papers, expense
accounts and all other forms and records, the form of which he
is required to determine under the provisions of this act.
(b) To examine and reexamine voting machines, and to approve
or disapprove them for use in this State, in accordance with the
provisions of this act. The secretary shall not approve any
voting machine for any election, Federal or State, in this
Commonwealth, that does not comply with the requirements of
section 301 of the Help America Vote Act of 2002 (Public Law
107-252, 42 U.S.C. § 15481).
(c) To certify to county boards of elections for primaries
and elections the names of the candidates for President and
Vice-President of the United States, presidential electors,
United States senators, representatives in Congress and all
State offices, including senators, representatives, and judges
of all courts of record, and delegates and alternate delegates
to National Conventions, and members of State committees, and
the form and wording of constitutional amendments or other
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questions to be submitted to the electors of the State at large.
(d) To receive and determine, as hereinafter provided, the
sufficiency of nomination petitions, certificates and papers of
candidates for President of the United States, presidential
electors, United States senators, representatives in Congress
and all State offices, including senators, representatives and
judges of all courts of record, and delegates and alternate
delegates to National Conventions and members of State
committees.
(e) To receive such reports from county boards of elections
as are required by this act, and to demand such additional
reports on special matters as he may deem necessary.
(e.1) To receive from county boards of elections information
on voting system errors or difficulties or other election data
pursuant to regulation.
(f) To receive from county boards of elections the returns
of primaries and elections, to canvass and compute the votes
cast for candidates and upon questions as required by the
provisions of this act; to proclaim the results of such
primaries and elections, within three days after receipt of
returns from all counties and to issue certificates of election
to the successful candidates at such elections, except in cases
where that duty is imposed by law on another officer or board.
[(f.1) To develop a voluntary professional certification and
poll worker training program for county election officials in
consultation with county boards of elections.]
(f.2) To order a county board to conduct a recount or
recanvass of an election under section 1404 for a public office
which appears on the ballot in every election district in this
Commonwealth or for a ballot question which appears on the
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ballot in every election district in this Commonwealth.
(g) To perform only such other duties relating to elections
as [may be prescribed by law.] authorized by this act or by 25
Pa.C.S. (relating to elections).
(h) To establish a system for the remedy of complaints
regarding the administration of the provisions of Title III of
the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C.
§ 15481 et seq.).
(i) To obtain and maintain uniformity in the interpretation
and implementation of election laws.
(j) To provide uniform standards for the proper, accurate
and uniform implementation of voter registration laws and
records.
(k) To actively seek out and collect the data and statistics
necessary to knowledgeably scrutinize the effectiveness of
election laws.
(l) To provide technical assistance to election directors.
(m) To maintain a voter fraud hotline and provide election
fraud education to the public.
(n) To provide to any registered elector upon request, and
free of charge, a durable photo identification card which may be
used for the purposes of voting.
(o) To publish by December 31 of each odd-numbered year the
official instructions and procedures manual prescribed by the
Pennsylvania Election Law Advisory Board.
(p) To receive any private donations intended to contribute
to election administration or voter education in this
Commonwealth, and to distribute the funds, or any public funds
used for the purposes of voter education, equally across this
Commonwealth based upon the most recent census estimate of
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citizen voting age population. A distribution of private funds
must be approved by the Election Law Advisory Board.
(q) To maintain a publicly accessible Internet website using
a .gov domain name, on which the secretary shall post
information required by this act. The website shall additionally
adhere to generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To retain and make publicly available any communications
relating to election administration and sent between the
department and at least three county election directors.
(s) To develop a uniform application for registered electors
to update their signature of record or to provide a medical
doctor's assessment of signature inconsistency due to a medical
condition.
(t) To cooperate with an independent prosecutor appointed by
the Attorney General for each election cycle to review election
complaints received by the secretary and the county boards of
elections.
(u) To publish on the department's publicly accessible
Internet website the list of registered electors in each county
and Statewide, at least five days prior to an election.
(v) To reimburse counties for the cost of annual training
required under section 1302-E.
(w) To create and publish, prior to the proclamation of
results in a primary or election, a combined record of the
registered electors in this Commonwealth as of the date of the
primary or election, together with the record of participation
in the primary or election by each registered elector, submitted
by counties under section 1404(c). The record shall be published
on the department's publicly accessible Internet website, made
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available upon request to any elector and retained for a period
of five years. A physical copy of the record required under this
subsection must be created, dated and retained for a period of
five years.
(x) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in record), to seek a record of all deaths
among residents of this Commonwealth, and each month to compare
the records with the list of electors in the Statewide Uniform
Registry of Electors, and for any elector found to be deceased,
to notify the elector's county of residence.
(y) In addition to the requirements of 25 Pa.C.S. Ch. 15, to
fully participate in the Electronic Registration Information
Center (ERIC) and to utilize all available information received
through that system and through the National Change of Address
system to ensure the accuracy of the Statewide Uniform Registry
of Electors and the continued eligibility of all registered
electors in this Commonwealth.
(z) To receive from counties a monthly report of any newly
registered elector who was previously registered in another
state and to notify the chief elections administrator in that
state of the elector's registration in this Commonwealth.
(z.1) To create and maintain a tracking system for each
qualified mail-in or absentee elector to track the status of an
application for a mail-in or absentee ballot, the date on which
an elector's ballot is prepared, the date on which an elector's
ballot is mailed, the date on which an elector's ballot is
received and the date on which an elector's ballot is pre-
canvassed or canvassed.
Section 4. The act is amended by adding a section to read:
Section 209. Reports on Implementation of Elections.--(a)
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No later than 60 days after an election, the Bureau of
Commissions, elections and legislation of the Department of
State shall issue a report to the chair and minority chair of
the State Government Committee of the Senate and the chair and
minority chair of the State Government Committee of the House of
Representatives. A copy of the report shall also be made
available on the Department of State's publicly accessible
Internet website.
(b) The report under subsection (a) shall include only the
following information relating to the administration of the
election by the Department of State, a county board of elections
or a registration commission established under 25 Pa.C.S. §
1203(a) (relating to commissions):
(1) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
received by the county board of elections.
(2) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were received
by the county board of elections.
(3) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were approved
by the county board of elections.
(5) For each county and the sum for this Commonwealth, the
number of absentee ballots which were voted by qualified
electors.
(6) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were voted by qualified
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electors.
(7) For each county and the sum for this Commonwealth, the
number of provisional ballots cast under section 1210(a.4).
(8) For each county and the sum for this Commonwealth, the
number of qualified electors voting by a provisional ballot
under section 1306(b)(2).
(9) For each county and the sum for this Commonwealth, the
number of qualified electors voting by provisional ballot under
section 1306-D(b)(2).
(10) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (7) which were
canvassed.
(11) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (8) which were
canvassed.
(12) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (9) which were
canvassed.
(13) (Reserved).
(14) For each county and the sum for this Commonwealth, the
number of polling places in school buildings.
(15) For each county, the date, starting time and ending
time that the county board of elections met to pre-canvass
absentee ballots and mail-in ballots under section 1308(g)(1.1).
(16) For each county, the date, starting time and ending
time that the county board of elections met to canvass absentee
ballots and mail-in ballots under section 1308(g)(2).
(17) For each county and the sum for this Commonwealth, the
number of absentee ballots which were challenged under section
1302.2(c).
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(18) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were challenged under section
1302.2-D(a)(2).
(19) For each county and the sum for this Commonwealth, the
number of absentee ballots subject to challenges under paragraph
(17) which were not canvassed.
(20) For each county and the sum for this Commonwealth, the
number of mail-in ballots subject to challenges under paragraph
(18) which were not canvassed.
(21) The number of incidents known to the Department of
State, county boards of elections or registration commissions
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to
the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by
an individual other than the individual who applied for the
absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means other than
permitted by law.
(22) To the extent consistent with Federal and State law, a
review of any action taken by the Department of State, county
board of elections or registration commissions in response to an
incident under paragraph (21), including determinations made on
the incident, legal actions filed and referrals to law
enforcement.
(23) A review of issues or incidents encountered with an
electronic voting system that received the approval of the
Secretary of the Commonwealth under section 1105-A, including
technical issues encountered at polling places.
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(c) The Department of State shall develop a process to
collect data required to be included in the report under
subsection (b) from each county board of elections which
conducts an election and each registration commission under 25
Pa.C.S. Pt. IV (relating to voter registration) in a county
which conducts an election, as applicable. A county board of
elections or registration commission under this subsection shall
comply with the process for submission of data under this
subsection no later than 45 days after an election.
Section 5. Section 302(f), (k) and (m) of the act are
amended and the section is amended by adding subsections to
read:
Section 302. Powers and Duties of County Boards.--The county
boards of elections, within their respective counties, shall
exercise, in the manner provided by this act, all powers granted
to them by this act, and shall perform all the duties imposed
upon them by this act, which shall include the following:
* * *
(f) [To make and issue such rules, regulations and
instructions, not inconsistent with law, as they may deem
necessary for the guidance of voting machine custodians,
elections officers and electors.] To follow and obey rules,
regulations and instructions as are included for each election
in the manual of operations published under section 201.
* * *
(k) To receive from district election officers the returns
of all primaries and elections, to canvass and compute the same,
and to certify, no later than the [third Monday] fourth Friday
following the primary or election, the results thereof to the
Secretary of the Commonwealth, as may be provided by law, and to
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such other authorities as may be provided by law. The
certification shall include the number of votes received in each
election district by each candidate for the General Assembly[.]
and a complete record of each registered elector in the county
on the date of the election, including which registered electors
are recorded as participating in that election and the article
of this act under which each elector voted.
* * *
(m) To prepare and submit, within twenty days after the last
day to register to vote in each primary, municipal and general
election, a report to the Secretary of the Commonwealth in the
form prescribed by him, which shall contain a statement of the
total number of electors registered in each election district,
together with a breakdown of registration by each political
party or other designation. Copies of said statement shall be
furnished, upon request, to the county chairman of each
political party and political body[.] and shall be posted to the
county board of election's publicly accessible Internet website.
The Secretary of the Commonwealth shall forthwith submit such
information to the Legislative Data Processing Center and shall
publicly report the total number of registered electors for each
political party or other designation in each county not later
than five days prior to the primary, municipal or general
election.
* * *
(q) To maintain a publicly accessible Internet website using
a .gov domain name. The website shall additionally adhere to
generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To decline to accept any private donation or
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contribution for the purposes of operating elections, employing
staff or selecting and equipping a polling place or for use in
voter education, unless received from the secretary under a
distribution provided for in section 201(h) .
(s) To provide to each registered elector in a county,
within one year of the effective date of this subsection and
upon new or updated registration after the effective date of
this subsection, or at the request of an elector, a durable
voter registration card, including a scannable identification
code and a likeness of a registered elector's signature. A
county board of elections shall investigate the circumstances of
any registration card returned as undeliverable by the United
States Postal Service. The investigation shall include
contacting the applicant, further attempts to have his or her
registration card delivered and the correction or
reconsideration of his or her registration status and registered
address, if they are found to be incorrect.
(t) To capture and store signatures submitted by an elector
for use in matching an elector's signature under the
requirements of this act.
(u) To implement the minimum voter education standards
established under section 1302-E and to conduct additional
nonpartisan education efforts as necessary to ensure that
electors have a working knowledge of the voting process.
(v) To report to the election law advisory board, by
December 31 of each general election year, a detailed
description of the voter education programs implemented and any
other information that may be useful in evaluating the
effectiveness of voter education.
(w) To purchase electronic poll books for use as the
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district register in each election district within one year
after the effective date of this subsection. The electronic poll
books must provide an elector with the ability to scan his or
her driver's license or his or her voter registration card in
order to have his or her eligibility to vote verified, and must
have a means for an elector to electronically record his or her
signature.
(x) To provide each election district with at least one
accessible voting machine approved by the secretary under this
act.
(y) To publish at each polling place the voter bill of
rights, senior voter bill of rights and disabled voter bill of
rights established by this act.
(z) To provide copies of the voter bill of rights, senior
voter bill of rights and disabled voter bill of rights during
the process of supervised voting established by this act.
(z.1) To review any polling place where voters waited longer
than 30 minutes to cast a ballot and to identify and enact plans
to alleviate any such waiting time for future elections.
(z.2) For counties with a population of fewer than 100,000
at the time of the most recent Federal decennial census, to
collaborate with other counties to share resources or property
required for the administration of voting by absentee and mail-
in electors. The collaboration is not required and participation
in any resource sharing shall be at the discretion of each
county board.
(z.3) In addition to the requirements of 25 Pa.C.S. Ch. 15,
to seek a record of all deaths among residents of the county and
each month to compare the records with the list of registered
electors in the county. A registered elector whose first and
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last name, date of birth and last four digits of the elector's
Social Security number are found on a death record shall be
subject to immediate removal from the SURE system. The local
commission shall notify the elector by mail of its action.
(z.4) To enter into an agreement with the Unified Judicial
System of Pennsylvania to receive a record of any county
resident who claims ineligibility for service as a juror under
42 Pa.C.S. § 4502 (relating to qualifications of jurors) and to
investigate the registration status of any registered elector
who claimed ineligibility to serve as a juror on the basis of a
lack of citizenship.
(z.5) To cooperate with the department to any degree
necessary in the creation of the system required under section
201(z.1).
Section 6. The act is amended by adding a section to read:
Section 313. County Boards of Elections and Satellite
Offices.--In addition to the permanent offices operated by any
county board of elections, the board may, as necessary,
establish additional satellite election offices if the satellite
election office established under this section complies with the
requirements under this section. The following shall apply:
(a) A satellite election office must meet the requirements
for and be subject to the same restrictions as a polling place
under this act.
(b) A satellite election office must offer the same services
and capabilities as the permanent offices maintained by the
county board of elections.
(c) A satellite election office must be operated by paid
staff of the county board of elections.
(d) A board establishing satellite election offices must
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ensure that the location of the offices are geographically
distributed across the county.
(e) A satellite election office must be established within a
permanent building. For purposes of this section, a permanent
building is any existing structure not temporarily erected for
use as a satellite election office.
(f) The location and hours of operation of a satellite
election office shall be announced at least 30 days prior to its
establishment.
(g) After the establishment of in-person early voting under
Article XIII-F, a satellite election office may only be
established at the same premises as early voting locations in a
county.
Section 7. Section 412.2(a) and (f) of the act are amended
and the section is amended by adding a subsection to read:
Section 412.2. Compensation of District Election Officers.--
(a) In all counties regardless of class, judges of election,
inspectors of election, clerks and machine operators shall be
paid compensation as fixed by the county board of elections for
each election, which amount shall be at least [$75] $175 and not
more than [$200] $300.
* * *
(f) The individual furnishing transportation to the judge of
election and the minority inspector in transmitting returns and
ballot boxes shall be entitled to [a minimum of 35¢] the
standard mileage rate set by the Internal Revenue Service for
the current year per circular mile from the polling place to the
county court house. The name of the individual shall appear on
the voucher of the judge of election and only one individual may
receive mileage compensation.
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* * *
(j) The department shall reimburse counties for half the
cost of payments made under subsections (a) and (f).
Section 8. The act is amended by adding an article to read:
ARTICLE VII-A
REGISTRATION OF ELECTORS
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 700-A. 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:
"Applicant." An individual who applies to be registered to
vote as provided for under this article and 25 Pa.C.S. Pt. IV
(relating to voter registration).
"Commission." A registration commission established under 25
Pa.C.S. § 1203 (relating to commissions).
"Commissioner." A member of a commission.
"County." A county of this Commonwealth. The term includes a
county within which is located a city of the first class or with
which a city of the first class is coextensive.
"Department." The Department of State of the Commonwealth.
"District." An election district or precinct of a
municipality.
"District register." The list of registered electors
prepared by the commission under 25 Pa.C.S. § 1402 (relating to
district registers).
"Election." A general, special, municipal or primary
election.
"General election." The election which the Constitution of
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Pennsylvania requires to be held in even-numbered years.
"General register." The list of registered electors prepared
by the commission under 25 Pa.C.S. § 1401 (relating to general
register).
"In military service." Serving in the uniformed services as
defined in section 102 of the Career Compensation Act of 1949
(Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
National Guard.
"Members of the United States merchant marine." Any of the
following:
(1) Individuals employed as officers or members of crews
of vessels documented under the law of the United States or
of vessels owned by the United States or of vessels of
foreign-flag registry under charter to or control of the
United States. This paragraph does not include individuals in
military service.
(2) Individuals enrolled with the United States for
employment or for training for employment or maintained by
the United States for emergency relief service as officers or
members of crews of vessels referred to in paragraph (1). The
term does not include individuals in military service or
individuals employed or enrolled for employment or for
training for employment or maintained for emergency relief on
the Great Lakes or the inland waterways.
"Military elector." Any of the following:
(1) An individual in military service and the
individual's spouse and dependents.
(2) An individual in the merchant marine and the
individual's spouse and dependents.
(3) An individual in a religious or welfare group
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officially attached to and serving with the armed forces of
the United States and the individual's spouse and dependents.
(4) An individual who is a civilian employee of the
United States outside the territorial limits of the United
States, whether or not the individual is subject to the civil
service laws and whether or not the individual is paid from
funds appropriated by Congress, and the individual's spouse
and dependents.
"Municipal election." The election which the Constitution of
Pennsylvania requires to be held in odd-numbered years.
"Municipality." A city, borough, town or township.
"Party." Any of the following:
(1) A party or political body, one of whose candidates
at the general election immediately preceding the primary:
(i) polled, in each of at least 10 counties, at
least 2% of the largest entire vote cast in the county
for any elected candidate; and
(ii) polled a total vote in this Commonwealth equal
to at least 2% of the largest entire vote cast in this
Commonwealth for any elected candidate.
(2) A party or political body, one of whose candidates
at either the general or municipal election preceding the
primary polled at least 5% of the largest entire vote cast
for any elected candidate in any county.
"Political body." A political body not recognized as a
political party which has filed proper nomination papers as
required by law.
"Primary election." An election for the nomination of
candidates.
"Public office." Any Federal, State or political
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subdivision, office or position of employment requiring the
individual elected or appointed to render public service for a
fixed fee or compensation. The term does not include the office
of notary public or commissioner of deeds.
"Qualified elector." An applicant who possesses all of the
qualifications for voting prescribed by the Constitution of
Pennsylvania and the laws of this Commonwealth or who, being
otherwise qualified by continued residence in the election
district, obtains such qualifications before the next ensuing
election. The term does not include a military elector.
"Registrant" or "registered elector." A qualified elector
who is registered to vote in accordance with this article and 25
Pa.C.S. Pt. IV.
"Registration card." A registration record containing all
information required on the registration application, including
the elector's signature, and suitable space for the insertion by
the appropriate official of the following information:
(1) The ward and election district of residence.
(2) The registrant's street address.
(3) Data required to be given upon removal from the
registrant's residence.
(4) The date of each election at which the registrant
votes.
(5) The number and letter of the stub of the ballot
issued to the registrant or the registrant's number in the
order of admission to the voting machines.
(6) The initials of the election officer who enters the
record of voting in the district register.
(7) Whether the registrant needs assistance to vote and,
if so, the nature of the disability.
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"Registration records." The general register, district
register and any other record of registration maintained by a
commission. The term includes any record maintained by the
commission on the Statewide Uniform Registry of Electors.
"Secretary." The Secretary of the Commonwealth.
"Statewide Uniform Registry of Electors" or "SURE system."
The integrated voter registration system of all registered
electors in this Commonwealth established in 25 Pa.C.S. Ch. 12
Subch. B (relating to Statewide Uniform Registry of Electors
(SURE)).
SUBARTICLE B
QUALIFICATIONS
Section 701-A. Qualifications to register.
(a) Eligibility.--An individual who will be at least 18
years of age on the day of the next election, who has been a
citizen of the United States for at least one month prior to the
next election and who has resided in this Commonwealth and the
election district where the individual offers to vote for at
least 30 days prior to the next ensuing election.
(b) Effect.--No individual shall be permitted to vote at any
election unless the individual is registered under this
subsection, except as provided by law or by order of a court of
common pleas. No registered elector shall be required to
register again for any election while the elector continues to
reside at the same address.
(c) Removal of residence.--Except as otherwise provided
under this article and 25 Pa.C.S. Pt. IV (relating to voter
registration), a registered elector who removes residence from
one place to another outside the elector's last election
district shall not be entitled to vote in the election district
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of the elector's last residence except pursuant to the
provisions of this section and 25 Pa.C.S. §§ 1501(b) (relating
to removal notices), 1502 (relating to transfer of registration)
and 1902 (relating to procedure for voting following failure to
return notification card).
Section 702-A. Residence of electors.
(a) General rule.--
(1) For the purpose of registration and voting, no
individual shall be deemed to have gained a residence by
reason of presence or lost a residence by reason of absence
in any of the following circumstances:
(i) Being employed in the service, either civil or
military, of this Commonwealth or of the United States.
(ii) Being engaged in the navigation of the waters
of this Commonwealth or of the United States or on the
high seas.
(iii) Being in an institution at public expense.
This subparagraph does not apply to a veteran who resides
in a home for disabled and indigent soldiers and sailors
maintained by the Commonwealth. Such a veteran may elect
to utilize that residence for registration and voting or
elect to vote as an absentee elector by the use of an
absentee ballot.
(2) Nothing in paragraph (1) shall preclude any elector
eligible under section 701-A from establishing the district
of residence as the election district of residence under
subsection (b).
(3) Except as otherwise provided in this subsection, no
individual who is confined in a penal institution shall be
deemed a resident of the election district where the
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institution is located. The individual shall be deemed to
reside where the individual was last registered before being
confined in the penal institution, or, if there was no
registration prior to confinement, the individual shall be
deemed to reside at the last known address before
confinement.
(4) An individual who resides at a mental health
facility, if otherwise qualified under section 701-A, shall
be deemed at the individual's option a resident in one of the
following:
(i) The district where the institution is located.
(ii) The district where the individual was last
registered to vote before entering the institution. For
purposes of this subparagraph, if the individual was not
registered before entering the institution, the
individual shall be deemed to reside at the last known
address before entering the institution.
(b) Rules for determination.--The following apply:
(1) That the place shall be considered the residence of
an individual in which habitation is fixed and to which,
whenever the individual is absent, the individual has the
intention of returning.
(2) An individual shall not be considered to have lost
residence if the individual leaves home and goes into another
state or another election district for temporary purposes
only, with the intention of returning.
(3) An individual shall not be considered to have gained
a residence in an election district if the individual comes
into that district for temporary purposes only, without the
intention of making that election district a permanent place
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of abode.
(4) If an individual removes to another state with the
intention of making that state the permanent residence, the
individual shall be considered to have lost residence in this
Commonwealth.
(5) If an individual removes to another state with the
intention of remaining there an indefinite time and making
that state the place of residence, the individual shall be
considered to have lost residence in this Commonwealth,
notwithstanding an intention to return at some indefinite
future period.
(6) If an individual goes into another state and, while
there, votes in an election held by that state, the
individual shall be considered to have lost residence in this
Commonwealth.
(7) An individual employed in the service of the Federal
Government or of the Commonwealth and required thereby to be
absent from the municipality where the individual resided
when entering that employment and the spouse of the
individual may remain registered in the district where the
individual resided immediately prior to entering that
employment, and the individual and the spouse shall be
enrolled in the political party designated by the individual
or spouse without declaring a residence by street and number
as follows:
(i) An individual who registers under this paragraph
for Commonwealth employment must produce a certificate
from the head of the State agency, under the seal of
office, providing that the individual or the individual's
spouse is actually employed in the service of the
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Commonwealth and providing the nature of the employment
and the time when the employee first entered the
employment. The commission shall retain certificates
under this subparagraph.
(ii) The commission shall note on the registration
record of each individual registered under this paragraph
the fact of Federal or State employment.
(iii) At least once every two years the commission
shall verify the employment of the individuals registered
under this paragraph at the proper Federal or State
office. If an individual is found to be no longer a
Federal or State employee, the individual's registration
shall be canceled under 25 Pa.C.S. Ch. 15 (relating to
changes in records).
SUBARTICLE C
PROCEDURE
Section 721-A. Methods of voter registration.
An individual qualified to register to vote under section
701-A(a) may apply to register as follows:
(1) Under section 722-A.
(2) Under section 722.1-A.
(3) Under section 723-A.
(4) Under section 724-A.
(5) Under section 725-A.
Section 722-A. In-person voter registration.
(a) General rule.--Applications may be submitted to register
to vote or change party enrollment or name or address on a
current registration record in person before the commission or a
commissioner, a registrar or a clerk at the office of the
commission or at a place designated by the commission. The
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applicant shall be advised that any intentional false statement
on the application constitutes perjury and will be punishable as
such. The applicant shall provide the information required on
the registration application and sign the registration
declaration. The commission shall prepare and provide voter
registration applications for the purpose of registering
qualified electors in accordance with this section.
Notwithstanding any other provision of this article and 25
Pa.C.S. Pt. IV (relating to voter registration), the commission
may use a mail registration application for in-person
registration. The commission shall mail the qualified elector an
identification card in accordance with section 728-A.
(b) Notice.--The commission shall, within a reasonable time,
publicly announce the address of each place of registration, the
address of each office of the commission established for the
registration of qualified electors other than its main office
and the days and hours when the place or office is open for the
registration of qualified electors. The announcement shall be
made by posting notice at the place or office and at the
commission's main office and by other means as the commission
deems advisable.
(c) Polls.--The election board of each county shall cause
any polling place to be open, in proper order for use, as a
place of registration on each day when the polling place is
desired by the commission or required by the provisions of this
article and 25 Pa.C.S. Pt. IV for use as a place of
registration. The appropriating authority of the county shall
provide for the payment of rentals for such polling places and
other places of registration.
(d) Schools.--The board of public education or the board of
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school directors shall furnish suitable space in any public
school building under its jurisdiction or control and shall
cause the space to be open and in proper order for use as a
place of registration on each day when the space is desired by
the commission for use as a place of registration in accordance
with the provisions of this article and 25 Pa.C.S. Pt. IV. Use
under this subsection may not interfere with school instruction.
(e) Municipal buildings.--The proper authority in the county
or municipality shall furnish suitable space in a building under
its jurisdiction or control and shall cause the space to be open
and in proper order for use as a place of registration on each
day when the space is desired by the commission for use as a
place of registration. Use under this subsection may not
interfere with the use for which the space is primarily
designed.
Section 722.1-A. Online voter registration.
(a) Application.--An application may be submitted to
register to vote or change party enrollment or name or address
on a current registration record through an online application
developed by the secretary and provided on the department's
publicly accessible Internet website. The applicant shall
provide the information required on the registration application
and electronically sign the registration declaration.
(b) Prohibition.--Except for an application developed under
subsection (a), no other application or third-party interface
may be approved or used for the purposes of voter registration.
Section 723-A. Application with driver's license application.
(a) General rule.--
(1) The Department of Transportation shall provide for
simultaneous application for voter registration in
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conjunction with the process under 75 Pa.C.S. § 1510
(relating to issuance and content of driver's license). An
application under this subsection shall serve as an
application to register to vote unless the applicant fails to
sign the voter registration application. The secretary has
the primary responsibility for implementing and enforcing the
driver's license voter registration system created under this
section. The secretary, in consultation with the Secretary of
Transportation, may promulgate regulations for implementing
this section.
(2) An application for voter registration submitted to
the Department of Transportation under this subsection shall
be considered as updating any previous voter registration
information by a registrant.
(3) Any change of address submitted to the Department of
Transportation for the purposes of driver licensing shall
serve as notification of change of address for voter
registration for the registrant involved unless the
registrant indicates that the change of address is not for
voter registration purposes.
(b) Process.--
(1) The Department of Transportation shall provide for
an application for voter registration as part of a driver's
license application.
(2) The format of the driver's license/voter
registration application shall be determined and prescribed
by the secretary and the Secretary of Transportation.
(3) The voter registration application portion of the
application shall contain all the requirements of an official
voter registration application specified in section 727-A.
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The voter registration portion of the application:
(i) may not require any information that duplicates
information required in the driver's license portion of
the form, other than a second signature; and
(ii) may require only the minimum amount of
information necessary to prevent duplicate voter
registration, to enable the commission to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process.
(c) Transmission.--
(1) The Department of Transportation shall forward
completed applications or contents of the completed voter
registration applications in machine-readable format to the
department by the close of registration for the ensuing
election.
(2) The department shall transmit the material to the
appropriate commission within 10 days after the date of its
receipt by the Department of Transportation. If a voter
registration application is received by the Department of
Transportation within five days before the last day to
register before an election, the application shall be
transmitted to the appropriate commission not later than five
days after the date of its receipt by the Department of
Transportation.
(3) Upon receipt of the completed voter registration
information from the department, the commission shall make a
record of the date of the receipt of the application and
process the application. No applicant shall be deemed
eligible to vote until the commission has received and
approved the application.
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(3.1) After the Department of Transportation is
connected to the SURE system and notwithstanding paragraphs
(1), (2) and (3), the Department of Transportation shall
transmit electronically the contents of a completed voter
registration application within five days of receipt of the
application. Upon receipt of the information from the
Department of Transportation, a commission shall make a
record of the date of the receipt of the application and
process the application in accordance with section 728-A. If
the commission of the county of residence has not been
connected to the SURE system, the Department of
Transportation shall forward the completed application or
contents of the completed application to the department in
accordance with paragraph (1). No applicant shall be deemed
eligible to vote until the commission has received and
approved an application in accordance with section 728-A.
(4) Changes of address shall comply with the following:
(i) Before the Department of Transportation is
connected to the SURE system, the Department of
Transportation shall notify the department of changes of
address received under subsection (a)(3). The department
shall notify the commission of the county of the
registrant's former residence. After the Department of
Transportation is connected to the SURE system, the
Department of Transportation shall notify the commission
of the county of the registrant's former residence. If
the registrant has moved to an address outside this
Commonwealth, the commission shall verify the address
change in accordance with 25 Pa.C.S. § 1901 (relating to
removal of electors). Except as provided in subparagraph
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(ii), if the registrant confirms in accordance with 25
Pa.C.S. § 1901(d) that he or she has moved to another
county, the commission shall cancel the registration and
forward the registrant's registration information to the
commission of the registrant's new county of residence.
Except as provided in subparagraph (ii), if the
registrant has moved to an address within the
commission's jurisdiction, the commission shall promptly
update the registration record of the registrant in
accordance with section 728-A. All changes of address
received by the Department of Transportation under this
section at least 30 days before an election must be
processed by the commission for the ensuing election. For
the purpose of this paragraph, the term "registration
information" means the registration card and any other
record of registration maintained by a commission.
(ii) In the case of changes of address received by
the Department of Transportation which do not contain a
signature of the registrant, the commission receiving the
change of address notification shall mail a notice to the
registrant at the new residence address requesting
verification of the address change. If the change of
address is to a new residence outside the commission's
jurisdiction, the commission shall mail the following
notice:
Date.................
Office of the Registration Commission
.......... County, Pennsylvania
....... (Address and Telephone No. of County)
We have been notified by the Department of Transportation
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that you recently changed your address
from ................. (old residence address)
to ............... (new residence address) and that this
change of address is to serve as a change of address for
voter registration purposes. Unless you notify this
office within 10 days from the date of this notice that
this information is not correct, your voter registration
will be transferred to ........ County. You may notify
this office by writing your residence address, the date
and your signature on the bottom of this form and mailing
this notice to this office. You need not notify this
office if this information is correct.
............................
Chief Clerk
If the address change is within the commission's
jurisdiction, the commission shall mail a voter's
identification card to the registrant at the new
residence address.
(iii) If the registrant does not return the notice
under subparagraph (ii) within the 10-day period, the
commission shall process the change of address according
to subparagraph (i). If the registrant notifies the
commission that the information is incorrect and the
commission is satisfied with the registrant's explanation
of the discrepancy, the address of the registrant's
registration shall remain unchanged. If the verification
notification or voter identification card is returned by
the post office as undeliverable as addressed or with a
forwarding address, the commission shall send a
confirmation notice to the registrant's address of former
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residence in accordance with 25 Pa.C.S. § 1901(d)(2).
(5) Upon notification and confirmation of any change of
address, a commission shall promptly update information
contained in its registration record.
(d) Prohibition.--An individual who is not a qualified
elector is ineligible to register to vote under this section.
(e) Effect.--Failure to properly complete a voter
registration application shall not affect the validity of an
application for a driver's license, a renewal application or an
identification card application.
(f) Use of information.--No information regarding a
declination to register to vote in connection with an
application made under this section may be used for any purpose
other than voter registration.
(g) Staff.--Agents and employees working on behalf of the
Department of Transportation assisting in the completion of
voter registration applications shall conduct themselves in a
manner consistent with the following principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make a statement to an applicant or
take an action the purpose or effect of which is to
discourage the applicant from registering to vote.
(3) Applicants wishing to register to vote under this
section shall be given the same degree of assistance with the
voter registration application as with all other Department
of Transportation forms.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
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impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
(h) Retention.--The Department of Transportation shall
retain complete records of voter registration information
received, processed and submitted to the SURE system by the
Department of Transportation. The records shall only be for the
purpose of supporting audit and accounting controls established
to ensure accurate and complete electronic transmission of
records between the SURE system and the Department of
Transportation.
(i) Agreement with department.--The Department of
Transportation shall enter into an agreement with the department
to match information in the SURE system with information in the
database of the Department of Transportation to the extent to
verify the accuracy of the driver's license number,
identification number or last four digits of the Social Security
number provided on an application for voter registration.
(j) Agreement with Commissioner of Social Security.--The
Department of Transportation shall enter into an agreement with
the Commissioner of Social Security to verify the last four
digits of the Social Security number provided in an application
for voter registration.
Section 724-A. Application by mail.
(a) General rule.--An application to register to vote or to
change party enrollment or name or address on a current
registration may be submitted by voter registration mail
application in the manner provided in this section. An
application may be submitted by mail or by representative to the
commission on an official mail registration application, the
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form of which shall be determined and prescribed by the
secretary or the Federal Election Commission pursuant to the
National Voter Registration Act of 1993 (Public Law 103-31, 52
U.S.C. § 1973gg et seq.). The applicant must complete the
information required on the registration application and sign
the registration declaration.
(b) Time.--Registration under this section may be made at
any time. If a registration application is received by a
commission beyond the deadline for registration provided in
section 1231, the application shall be retained by the
commission until the beginning of the next period during which
registration can be made.
(c) Military electors.--
(1) A military elector may apply at any time for
registration on an official registration application or any
form prescribed by the Federal Government for such purpose.
(2) The status of a military elector to register under
this section with respect to residence shall remain as the
same home residence status from which the military elector is
qualified to register. If, at the time of leaving that home
address, the military elector had not resided in this
Commonwealth or in a particular election district for a
sufficient time to have been entitled to be registered but,
by continued residence, would have become entitled to be
registered, the military elector shall be entitled to be
registered at the time the military elector would have been
entitled to register had the military elector not left that
home address but continued to reside there.
(3) The commission is authorized to consider a request
for an absentee ballot as a request for an official
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registration application and to forward to the requester all
of the following:
(i) An absentee ballot and balloting material.
(ii) An official registration application.
(4) The military elector must complete and file these
documents in accordance with the applicable provisions of
this act.
(5) The right to be registered pursuant to this
subsection shall not be subject to challenge for any reason
other than failure to have furnished the commission a
properly completed registration application.
Section 725-A. Government agencies.
(a) General rule.--The secretary shall administer a system
whereby all offices in this Commonwealth that provide public
assistance, each county clerk of orphans' court, including each
marriage license bureau, all offices in this Commonwealth that
provide State-funded programs primarily engaged in providing
services to persons with disabilities and all armed forces
recruitment centers do all of the following:
(1) Distribute voter registration applications with each
application, reapplication and application for
recertification, renewal or change of address.
(2) Assist applicants with completion of the
registration application unless assistance is refused.
(3) Accept completed registration applications.
(4) Transmit completed applications to the appropriate
commission.
(b) Forms.--An agency designated in subsection (a) shall
provide a form for office visits or, if the agency provides
services to persons with disabilities, for home visits which
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contains all of the following:
(1) The question "If you are not registered to vote
where you live now, would you like to apply to register to
vote today?"
(2) If the agency provides public assistance, the
statement "Applying to register or declining to register to
vote will not affect the amount of assistance that you will
be provided by this agency."
(3) Boxes for the applicant to check to indicate whether
the applicant would like to register or decline to register
to vote. In close proximity to the boxes the following words
shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
TO VOTE AT THIS TIME."
(4) The statement "In order to be qualified to register
to vote, you must be at least 18 years of age on the day of
the next election, you must have been a citizen of the United
States for at least one month prior to the next election and
have resided in Pennsylvania and the election district where
you plan to vote for at least 30 days prior to the next
election and you must not have been confined in a penal
institution for a conviction of a felony within the last five
years."
(5) The statement "If you would like help in filling out
the voter registration application form, we will help you.
The decision whether to seek help is yours. You may fill out
the form in private."
(6) The statement "If you believe that someone has
interfered with your right to register or to decline to
register to vote, your right to privacy in deciding whether
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to register or in applying to register to vote or your right
to choose your own political party or other political
preference, you may file a complaint with the Secretary of
the Commonwealth, Pennsylvania Department of State,
Harrisburg, PA 17120." The secretary shall establish and
publish a toll-free telephone number for the purpose of
receiving complaints.
(c) Effect.--Failure to check either box under subsection
(b)(3) shall be considered a declination to register to vote.
(d) Staff.--Agency employees assisting in the completion of
voter registration applications shall conduct themselves in a
manner consistent with the following principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to
discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to lead
the applicant to believe that a decision to register or not
to register has any bearing on the availability of services
or benefits.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
(e) Encouraging registration.--An agency designated in
subsection (a) shall provide reasonable space for nonpartisan
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signs or posters encouraging voter registration. The signs and
posters shall be provided by the secretary.
(f) Transmission.--An agency designated in subsection (a)
shall forward all completed applications to the appropriate
commission within 10 days after the date of receipt. If a voter
registration application is received within five days before the
last day to register before an election, the application shall
be transmitted to the appropriate commission not later than five
days after the date of its receipt by the agency.
(g) Confidentiality.--The identity of the voter registration
agency through which any particular voter is registered in
accordance with this section shall not be disclosed to the
public.
(h) Use of information.--No information relating to a
declination to register to vote in connection with an
application made at an office described in this section may be
used for any purpose other than voter registration.
(i) Assistance.--Each agency shall provide to each applicant
who chooses to register to vote the same degree of assistance
with regard to the completion of the registration application
form as is provided by the office with regard to the completion
of its own forms unless the applicant refuses such assistance.
(j) Regulation.--The secretary shall promulgate regulations
regarding the maintenance and destruction of forms used pursuant
to this section.
Section 726-A. (Reserved).
Section 727-A. Preparation and distribution of applications.
(a) Form.--
(1) The secretary shall prescribe the form of an
official voter registration application. The official voter
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registration application shall provide space for the
following information about the applicant:
(i) Full name.
(ii) Address of residence. If the residence is a
portion only of the house, the location or number of the
room, apartment or floor which is occupied.
(iii) Mailing address if different than address of
residence.
(iv) Name and residence address on previous
registration and the year of that registration.
(v) Designation of political party, for the purpose
of voting at a primary election.
(vi) Date of birth.
(vii) Telephone number. An application shall not be
rejected because of noncompliance with this subparagraph.
(viii) Race. An application shall not be rejected
because of noncompliance with this subparagraph.
(ix) Last four digits of Social Security number. An
application without the last four digits of an
applicant's Social Security number shall be considered
incomplete. An applicant who does not have a Social
Security number may have his or her identity confirmed
through an alternate record.
(x) A Department of Transportation driver's license
number or a Department of Transportation identification
card number. An application may not be rejected because
of noncompliance with this subparagraph.
(2) Any person who assists in the completion of the
registration application shall sign the application and
indicate the person's address. In the case of those
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registering under sections 723-A and 725-A, the person
providing assistance shall insert the person's initials or
employee or agent identification number on a separate or
detachable portion of the application or computer data file.
(3) A voter registration application shall be printed on
stock of good quality and shall be of suitable uniform size.
Nothing under this article and 25 Pa.C.S. Pt. IV (relating to
voter registration) shall prohibit the design and use of an
electronic voter registration application which includes the
applicant's digitized or electronic signature. The
registration application shall contain the following
information; however, the information may be provided on a
separate form for voter registration made under section 723-A
or 725-A:
(i) Notice that a registered elector does not need
to reregister unless the registered elector has moved.
(ii) Instructions on how to fill out and submit the
application and notification of when the application must
be submitted to a voter registration office in order to
be registered for the ensuing election.
(iii) Notice that the applicant must be a citizen of
the United States for at least one month prior to the
next election and a resident of this Commonwealth and the
election district for at least 30 days and must be at
least 18 years of age by the day of the next ensuing
election. The notice required in this subparagraph shall
be in print identical to the declaration under subsection
(b).
(iv) Notice that political party enrollment is
mandatory to vote in a primary election of a political
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party.
(v) Notice that the commission will mail by
nonforwardable mail to the applicant a voter's
identification card upon acceptance of the application
and that the applicant should contact the commission if
the identification card is not received within 14 days
from the date the application is sent to the registration
office.
(vi) Notice that registration is not complete until
the application is processed and accepted by the
commission.
(vii) A warning to the applicant that making a false
registration or furnishing false information is perjury.
The notice required in this subparagraph shall be in
print identical to the declaration under subsection (b).
(viii) Instructions to Federal or State employees
who wish to retain voting residence in county of last
residence to so indicate on the application.
(ix) Notice that, if an individual declines to
register to vote, the fact that the individual has
declined to register will remain confidential and will be
used only for voter registration purposes. The notice
required in this subparagraph shall be in print identical
to the declaration under subsection (b).
(x) Notice that, if an individual does register to
vote, the office at which the individual submits a voter
registration application will remain confidential and
will be used for voter registration purposes only. The
notices required in this subparagraph shall be in print
identical to the declaration in subsection (b).
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(4) In jurisdictions where there is a single language
minority, the secretary may print a bilingual application.
(5) In jurisdictions where a single language minority
exceeds 5% of the population, the secretary shall:
(i) print a bilingual application; and
(ii) conduct a public educational program among that
language group alerting both organizations and
individuals of that group of the availability of the
bilingual application and encouraging individuals to
register.
(6) To implement section 724-A, the secretary shall
print an official voter registration mail application
designed to preserve the confidentiality of the information
required to be submitted. The application shall contain
information required by this section and shall include the
name of each county seat, its post office mailing address and
zip code and its telephone number. Voter registration mail
applications shall contain information indicating whether the
application is a new registration, change of party
enrollment, change of address or change of name.
(7) Nothing under this article and 25 Pa.C.S. Pt. IV
shall prohibit a private organization or individual from
printing blank voter registration applications or shall
prohibit the use of such applications by any other
individual, provided that the form, content and paper quality
of such voter registration application complies with
department regulations for the forms or has received prior
approval from the secretary.
(b) Registration declaration.--
(1) The official voter registration application shall
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contain a registration declaration. On the declaration, the
applicant shall state all of the following:
(i) The applicant has been a citizen of the United
States for at least one month prior to the next election.
(ii) On the day of the next ensuing election, the
applicant shall be at least 18 years of age.
(iii) On the day of the next ensuing election, the
applicant shall have resided in this Commonwealth and in
the election district for at least 30 days.
(iv) The applicant is legally qualified to vote.
(2) The applicant shall affirm all of the following:
(i) The information provided in the registration
declaration is true.
(ii) The applicant understands that:
(A) the registration declaration will be
accepted for all purposes as the equivalent of an
affidavit; and
(B) if the registration contains a material
false statement, the applicant shall be subject to
penalties for perjury.
(3) The registration declaration shall contain the
printed name and signature of the applicant and the date of
signing. An applicant unable to sign the voter registration
application shall make a mark before a person of the
applicant's choice other than the applicant's employer or an
agent of the applicant's union. The person shall insert the
person's name, address and telephone number. If the person is
an employee or agent of the Department of Transportation or
another agency as provided under section 725-A and is
assisting the applicant in an official capacity, the employee
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or agent shall insert the initials and identification number
of the employee or agent. In the case of applicants
registering under section 723-A or 725-A, the person
providing assistance shall insert initials or employee or
agent identification number on a separate or detachable
portion of the application or computer data file.
(4) The official registration application shall contain
a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
notice shall advise the applicant that if a person signs an
official registration application knowing a statement
declared in the application to be false, the person commits
perjury. The notice shall specify the penalty for perjury.
(c) Distribution.--
(1) The secretary shall supply official registration
applications to commissions.
(2) The secretary shall make available for distribution
official voter registration applications to public libraries,
public schools, State-related institutions of higher
education, offices operated by the Department of Revenue,
offices operated by the Department of Aging, area agencies on
aging, offices operated by the Pennsylvania Game Commission
or any of its authorized license-issuing agents, offices
operated by the Pennsylvania Fish and Boat Commission or any
of its issuing agents and offices that provide unemployment
compensation.
(3) Each participating agency identified under paragraph
(2) shall:
(i) Provide that official voter registration mail
applications are available on the premises and displayed
prominently in a conspicuous location during normal
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business hours.
(ii) Provide an official voter registration mail
application to any individual requesting one.
(iii) Provide reasonable space for nonpartisan signs
or posters indicating the availability of official voter
registration mail applications on the premises.
(4) The secretary may provide technical assistance to
commissions upon request and agencies designated under
paragraph (2).
(5) The secretary shall print and distribute mail
registration applications which are not postage paid and
which shall not be specific to any county registration
office. Along with the distribution of such applications, the
secretary shall also include instructions to inform the
applicant where the application is to be sent.
(6) The secretary and commissions shall supply
applications to all of the following:
(i) Persons and organizations who request
applications.
(ii) Federal, State and political subdivision
offices.
(iii) Political parties and political bodies.
(iv) Candidates.
(d) Staff.--Agency employees assisting in the distribution
of voter registration applications under subsection (c) shall
conduct themselves in a manner consistent with the following
principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
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(2) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to
discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to lead
the applicant to believe that a decision to register or not
to register has any bearing on the availability of services
or benefits.
Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
Section 728-A. Approval of registration applications.
(a) Examination.--Upon receiving a voter registration
application, a commissioner, clerk or registrar of a commission
shall do all of the following:
(1) Initial and date the receipt of the application.
(2) Examine the application to determine all of the
following:
(i) Whether the application is complete.
(ii) Whether the applicant is a qualified elector,
including verification of the last four digits of the
applicant's Social Security number and the applicant's
Department of Transportation driver's license number or
Department of Transportation identification card number,
if available.
(iii) Whether the applicant has an existing
registration record. After the commission is connected to
the SURE system, the commissioner, clerk or registrar
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shall search the SURE system on a Statewide basis to
determine if the applicant has an existing registration
record. The commissioner, clerk or registrar shall take
special care to scrutinize any registration for a similar
name at the same registered address.
(iv) Whether the applicant is entitled or qualified
to receive the requested transfer or change, if
applicable.
(b) Decision.--A commission shall do one of the following:
(1) Record and forward a voter registration application
to the proper commission if the commission finds during its
examination under subsection (a) that the applicant does not
reside within the commission's county but resides elsewhere
in this Commonwealth.
(2) Reject a voter registration application, indicate
the rejection and the reasons for the rejection on the
application and notify the applicant by first class
nonforwardable mail, return postage guaranteed of the
rejection and the reason if the commission finds during its
examination under subsection (a) any of the following:
(i) The application was not properly completed and,
after reasonable efforts by the commission to ascertain
the necessary information, the application remains
incomplete or inconsistent.
(ii) The applicant is not a qualified elector.
(iii) The applicant is not entitled to a transfer of
registration or a change of address.
(iv) The applicant is not legally qualified for a
change of name.
A rejection shall be made no later than 25 days before the
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election succeeding the filing of the application.
(3) Process a voter registration application in
accordance with subsection (c) if the commission finds during
its examination under subsection (a) all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(4) Process a voter registration application in
accordance with subsection (c) and update its registration
records if the commission finds during its examination under
subsection (a) all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(5) Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(6) Process a voter registration application in
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accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests a transfer of
registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(7) Process a voter registration application in
accordance with subsection (c) and update its registration if
the commission finds during its examination under subsection
(a) all of the following:
(i) The application requests a change of address.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(8) Process a voter registration application in
accordance with subsection (c) and update its registration
records if the commission finds during its examination under
subsection (a) all of the following:
(i) The application requests a change of name.
(ii) The applicant is legally qualified to a change
of name.
(iii) The application contains the required
information indicating that the applicant is a qualified
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elector of the county.
(iv) The applicant is currently a registered elector
of the county.
(c) Processing of voter registration.--
(1) When a commission has accepted a voter registration
application under subsection (b)(3), the commission shall
assign each applicant a unique identification number in the
SURE system. The commission shall mail a durable, wallet-
sized voter's identification card to the individual by first
class nonforwardable mail, return postage guaranteed, which
shall serve as notice of the acceptance of the application.
The card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) An image of the individual's signature or mark.
(vii) The unique identification number of the
individual.
(viii) A statement that the individual must notify
the commission within 10 days from the date it was mailed
if any information on the card is incorrect otherwise,
the information shall be deemed correct for voter
registration purposes.
(ix) A scannable identification code or strip.
(2) When a commission has accepted a voter registration
application under subsection (b)(4), (5), (6), (7) or (8),
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the commission shall mail a durable, wallet-sized voter's
identification card to the individual by first class
nonforwardable mail, return postage guaranteed, which shall
serve as notice of the acceptance of the application. The
card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) An image of the individual's signature or mark.
(vii) The SURE registration number of the
individual.
(viii) A statement that the individual must notify
the commission within 10 days from the date it was mailed
if any information on the card is incorrect, otherwise,
the information shall be deemed correct for voter
registration purposes.
(ix) A scannable identification code or strip.
(3) An envelope containing a voter identification card
shall be marked on the outside with a request to the
postmaster to return it within five days if it cannot be
delivered to the addressee at the address given.
(4) (Reserved).
(5) (Reserved).
(d) Transfer of registration records.--
(1) If, during application, an individual discloses that
the individual is a registered elector of another county, the
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commission of the individual's new county of residence shall
direct a cancellation notice to the commission of the
individual's former county of residence in accordance with
regulations promulgated under this article or 25 Pa.C.S. Pt.
IV.
(2) Upon receipt of a notice transmitted in accordance
with paragraph (1), the commission of the individual's former
county of residence shall investigate. If the commission
finds that the individual is a registered elector of the
county, the commission shall verify the address change with
the registered elector in accordance with this article and 25
Pa.C.S. Pt. IV. Upon verifying that the registered elector
has moved to another county of residence, the commission
shall cancel the registered elector's registration, transfer
a copy of the canceled registration record to the commission
of the registered elector's new county of residence and
retain a record of the transfer. The commission of both
counties shall promptly update information contained in their
registration records.
(e) Challenges.--All challenges to applications for
registration shall be made as provided in section 729-A.
Section 728.1-A. SURE registration number.
Each registered elector shall be assigned a single and unique
SURE registration number in accordance with sections 728-A and
25 Pa.C.S. § 1514 (relating to conversion of registration
records). Once assigned, a SURE registration number shall not be
changed, modified or altered.
Section 729-A. Challenges.
(a) Standing.--An individual claiming the right to be
registered may be challenged by a commissioner, registrar or
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clerk or by a qualified elector of the municipality.
(b) Complaint.--To make a challenge, a complainant must file
a challenge affidavit in a form prescribed by the secretary
containing the following information:
(1) Name of challenged individual.
(2) Address of challenged individual.
(3) Name of complainant.
(4) Address of complainant.
(5) Date of affidavit.
(6) Reason for challenge.
(c) Response.--An individual who is challenged must respond
to the challenge affidavit as provided in subsection (b) in a
written statement sworn or affirmed by the individual. The
challenged individual must produce such other evidence as may be
required to satisfy the registrar or commissioner as to the
individual's qualifications as a qualified elector.
(d) Resolution.--If the challenged individual establishes to
the satisfaction of the commission the right to be registered as
required under this article and 25 Pa.C.S. Pt. IV (relating to
voter registration), the challenged individual shall be
registered. If the challenged individual does not establish to
the satisfaction of the commission the right to be registered as
provided under this article and 25 Pa.C.S. Pt. IV, the
challenged individual's registration, if any, shall be canceled,
and the commission shall promptly update information contained
in its registration records.
Section 730-A. (Reserved).
Section 731-A. Privacy in voter registration.
The secretary shall provide a means for an elector who has
made a claim for protection under 23 Pa.C.S. Ch. 61 (relating to
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protection from abuse) to have the elector's birth date recorded
in the Statewide Uniform Registry of Electors so that the birth
year shall be listed as not fewer than 18 years and not greater
than 50 years prior to the year in which the claim was made.
Section 9. Section 1003(f) of the act is amended and the
section is amended by adding a subsection to read:
Section 1003. Form of Official Election Ballot.--
* * *
[(f) In order that each elector may have the opportunity of
designating his choice for all the candidates nominated by one
political party or political body, there shall be printed on the
extreme left of the ballot, and separated from the rest of the
ballot by a space of at least one-half inch, a list of the names
of all the political parties or political bodies represented on
such ballot which have nominated candidates to be voted for at
such election. Such names shall be arranged in the order of the
votes obtained at the last gubernatorial election by the
candidate for Governor of the parties or bodies nominating,
beginning with the party that received the highest number of
votes cast. Following the names of such political parties and
political bodies shall be the names of the parties and bodies
not represented on the ballot at the last gubernatorial
election, arranged alphabetically, according to the party name
or appellation. A square of sufficient size for the convenient
insertion of a cross mark shall be placed at the right of each
party name or appellation.]
* * *
(h) The official ballots shall be printed on paper of the
correct size for the machines used by a county and watermarked
with the name of the county in which it shall be used.
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Section 10. Sections 1007(a) and 1102 of the act are amended
to read:
Section 1007. Number of Ballots to Be Printed; Specimen
Ballots.--(a) The county board of each county shall provide for
each election district a supply of official election ballots
for:
[(1) the general primary election held in even-numbered
years in which candidates for the office of President of the
United States are not nominated in an amount of at least 10%
greater than the highest number of ballots cast in the election
district in any of the previous three general primary elections
at which candidates for the office of President of the United
States were not nominated;
(2) the general primary election held in even-numbered years
in which candidates for the office of President of the United
States are nominated in an amount of at least 15% greater than
the highest number of ballots cast in the election district in
any of the previous three general primary elections at which
candidates for the office of President of the United States were
nominated;
(3) the municipal primary election held in odd-numbered
years in an amount of at least 10% greater than the highest
number of ballots cast in any of the previous three municipal
primary elections in the election district;
(4) the general election held in even-numbered years in
which candidates for the office of President of the United
States are not elected in an amount of at least 10% greater than
the highest number of ballots cast in the election district in
any of the previous three general elections at which candidates
for the office of President of the United States were not
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elected;
(5) the general election held in even-numbered years in
which candidates for the office of President of the United
States are elected in an amount of at least 15% greater than the
highest number of ballots cast in the election districts in any
of the previous three general elections at which candidates for
the office of President of the United States were elected; and
(6) the municipal election held in odd-numbered years in an
amount of at least 10% greater than the highest number of
ballots cast in any of the previous three municipal elections in
the election district.]
(1) Any primary election, 50% of the registered electors in
an election district, less the number of electors in the
district who have requested an absentee or mail-in ballot.
(2) Any general election, 100% of the registered electors in
an election district, less the number of electors in the
district who have requested an absentee or mail-in ballot.
* * *
Section 11. Sections 1106 and 1107 of the act are amended by
adding subsections to read:
Section 1106. Examination and Approval of Voting Machines by
the Secretary of the Commonwealth.--
* * *
(g) Examination shall include, but is not limited to,
testing of all software required for the voting system's
operation, the ballot reader, the digital printer, the fail-safe
operations, the counting center environmental requirements and
the equipment reliability estimate.
(h) For the purposes of examining the system, the secretary
shall employ or contract for the services of at least one
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individual who is an expert in one or more fields of data
processing, mechanical engineering and public administration and
shall require from the individual a written report of his or her
examination.
(i) Within 30 days after completing the examination and upon
approval of any electronic or electromechanical voting system,
the secretary shall make and maintain a report on the system,
together with a written or printed description and drawings and
photographs clearly identifying the system and the operation
thereof. As soon as practicable after the filing, the department
shall send a notice of certification and upon request, a copy of
the report to county boards of elections in this Commonwealth.
(j) After a voting system has been approved by the
secretary, any change or improvement in the system must be
approved by the secretary prior to the adoption of the change or
improvement by a county. If the change or improvement does not
comply with the requirements of this act, the secretary shall
suspend sales of the equipment or system in this Commonwealth
until the equipment or system complies with the requirements of
this act.
(k) The secretary shall examine and approve at least two
accessible voting machines which meet the requirements of
section 1107-A.
(l) The secretary shall examine and approve all electronic
or electromechanical devices used in the casting, processing or
tabulation of ballots or in the recording of electors,
including, but not limited to, ballot sorters, envelope
extractors, ballot scanners and electronic pollbooks.
(m) The examination and approval under subsection (l) shall
ensure that the device conforms with standards to provide
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timeliness and accuracy in the casting and counting of ballots
or in the recording of electors.
Section 1107. Requirements of Voting Machines.--No voting
machine shall, upon any examination or reexamination, be
approved by the Secretary of the Commonwealth, or by any
examiner appointed by him, unless it shall, at the time, satisfy
the following requirements:
* * *
(u) It shall immediately reject a ballot where the number of
votes for an office or question exceeds the number which the
elector is entitled to cast or where the tabulating equipment
reads the ballot as a ballot with no votes cast.
(v) It shall be capable of providing records from which the
operation of the voting system may be audited.
(w) It shall be capable of recording votes from ballots of
different political parties from the same precinct, for a
primary election.
(x) It shall be manufactured in the United States and sold
by a vendor with a primary place of business within the United
States.
(y) It shall utilize open-source software code.
(z) It shall fully comply with the most recently adopted
Voluntary Voting System Guidelines developed by the Election
Assistance Commission.
(z.1) It shall retain ballots cast in the order in which the
ballots are cast, so that a direct comparison may be made
between the machine interpretation of an individual ballot and a
human interpretation of the same ballot.
(z.2) The requirements of subsections (u), (v), (w), (x),
(y), (z) and (z.1) shall apply only to machines newly examined
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or approved by the secretary after 2024.
Section 12. Section 1111 of the act is amended by adding
subsections to read:
Section 1111. Preparation of Voting Machines by County
Election Boards.--
* * *
(g) On any day not more than 25 days before the commencement
of voting, the county election board shall have the automatic
tabulating equipment publicly tested to ascertain that the
equipment will correctly count the votes cast for all offices
and on all measures. If the ballots to be used at the polling
place on election day are not available at the time of the
testing, the county election board may conduct an additional
test not more than 10 days before election day. Public notice of
the time and place of the test shall be given at least 48 hours
prior to the test by publication on the county election board's
publicly accessible Internet website and once in one or more
newspapers of general circulation in the county or, if there is
no newspaper of general circulation in the county, by posting
the notice in at least four conspicuous places in the county.
The county election board shall provide written notice to each
candidate for election of the time and location of the public
preelection test. The test shall be open to representatives of
the political parties, the press and the public and shall be
video recorded and broadcast simultaneously on a publicly
accessible Internet website. Each political party may designate
one person with expertise in the computer field who shall be
allowed in the central counting room when tests are being
conducted and when the official votes are being counted. The
designee shall not interfere with the normal operation of the
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canvassing board.
(h) For electronic or electromechanical voting systems
configured to tabulate mail-in or absentee ballots at a central
or regional site, the public testing shall be conducted by
processing a preaudited group of ballots so produced as to
record a predetermined number of valid votes for each candidate
and on each measure and to include one or more ballots for each
office which have activated voting positions in excess of the
number allowed by law in order to test the ability of the
automatic tabulating equipment to reject the votes. If an error
is detected, the cause of the error shall be corrected and an
errorless count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated and errorless
results must be achieved immediately before the start of the
official count of the ballots and again after the completion of
the official count. The programs and ballots used for testing
shall be sealed and retained under the custody of the county
election board.
(i) For electronic or electromechanical voting systems
configured to include electronic or electromechanical tabulation
devices which are distributed to the precincts, all or a sample
of the devices to be used in the election shall be publicly
tested. If a sample is to be tested, the sample shall consist of
a random selection of at least 10% of the devices. The test
shall be conducted by processing a group of ballots, causing the
device to output results for the ballots processed and comparing
the output of results to the results expected for the ballots
processed. The group of ballots shall be produced so as to
record a predetermined number of valid votes for each candidate
and on each measure and to include for each office one or more
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ballots which have activated voting positions in excess of the
number allowed by law in order to test the ability of the
tabulating device to reject such votes.
(j) If a tested tabulating device is found to have an error
in tabulation, it shall be deemed unsatisfactory. For each
device deemed unsatisfactory, the county election board shall
take steps to determine the cause of the error, shall attempt to
identify and test other devices that could reasonably be
expected to have the same error and shall test a number of
additional devices sufficient to determine that each device is
satisfactory. Upon deeming a device unsatisfactory, the county
election board may require all devices to be tested or may
declare that all devices are unsatisfactory.
(k) If the operation or output of any tested tabulation
device, such as spelling or the order of candidates on a report,
is in error, the problem shall be reported to the county
election board, which shall determine if the reported problem
warrants the county election board deeming the device
unsatisfactory.
(l) At the completion of testing under this section, the
county election board, the representatives of the political
parties and the candidates or their representatives who attended
the test shall witness the resetting of each device that passed
to a preelection state of readiness and the sealing of each
device that passed in such a manner as to secure its state of
readiness until the opening of the polls.
(m) The county election board shall execute a written
statement setting forth the tabulation devices tested, the
results of the testing, the protective counter numbers, if
applicable, of each tabulation device, the number of the seal
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securing each tabulation device at the conclusion of testing,
any problems reported to the board as a result of the testing
and whether each device tested is satisfactory or
unsatisfactory.
(n) Any tabulating device deemed unsatisfactory shall be
recoded, repaired or replaced and shall be made available for
retesting. The device must be determined by the county election
board to be satisfactory before the device may be used in an
election. The county election board shall announce at the close
of the first testing the date, place and time that an
unsatisfactory device will be retested or may, at the option of
the board, notify by telephone each person who was present at
the first testing as to the date, place and time that the
retesting will occur.
(o) Records must be kept of all preelection testing of
electronic or electromechanical tabulation devices used in an
election. The records shall be present and available for
inspection and reference during public preelection testing by
any person in attendance during the testing. The need of the
county election board for access to the records during the
testing shall take precedence over the need of other attendees
to access such records so that the work of the county election
board will not be delayed or hindered. Records of testing must
include, for each device, the name of each person who tested the
device and the date, place, time and results of each test.
Records of testing shall be retained as part of the official
records of the election in which any device was used.
(p) The county election board shall submit a copy of all
records required under this section to the Office of the Auditor
General.
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Section 13. Sections 1112(c)1 and 1117-A of the act are
amended to read:
Section 1112. Delivery of Voting Machines and Supplies by
County Election Boards to Election Officers.--
* * *
(c) The county election board shall furnish, at the expense
of the county, and deliver with each voting machine:
1. A [lantern] flashlight, or a proper substitute for one,
which, in the case of a loss of electricity, shall give
sufficient light to enable voters, while in the voting machine
booth, to read the ballot labels, and suitable for the use of
election officers in examining the counters. The [lantern]
flashlight, or proper substitute therefor, shall be prepared and
in good order for use before the opening of the polls.
* * *
Section 1117-A. [Statistical Sample.--The county board of
elections, as part of the computation and canvass of returns,
shall conduct a statistical recount of a random sample of
ballots after each election using manual, mechanical or
electronic devices of a type different than those used for the
specific election. The sample shall include at least two (2) per
centum of the votes cast or two thousand (2,000) votes whichever
is the lesser.] Post-election audit.--The county board of
elections, as part of the computation and canvass of returns,
and prior to certification, shall cooperate in a result-
confirming audit conducted by the department of the Auditor
General. The audit shall be a ballot comparison, risk-limiting
audit, conducted with a risk limit of one (1) per centum, except
that, where the voting machines purchased by a county prior to
the effective date of this section are incompatible with a
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ballot comparison audit, the audit shall be a ballot polling,
risk-limiting audit, conducted with a risk limit of one (1) per
centum.
Section 14. The act is amended by adding sections to read:
Section 1123-A. Requirements of accessible voting
machines.--An accessible voting machine may not, upon any
examination or reexamination, be approved by the Secretary of
the Commonwealth, or by an examiner appointed by the Secretary,
unless the accessible voting machine satisfies the following
requirements:
(1) The voting system must provide a tactile input or audio
input device, or both.
(2) The voting system must provide a method by which voters
can confirm any tactile or audio input by having the capability
of audio output using synthetic or recorded human speech that is
reasonably phonetically accurate.
(3) Any operable controls on the input device which are
needed for voters who are visually impaired must be discernible
tactilely without actuating the keys.
(4) Audio and visual access approaches must be able to work
both separately and simultaneously.
(5) If a nonaudio access approach is provided, the system
may not require color perception. The system must use black text
or graphics, or both, on white background or white text or
graphics, or both, on black background, unless the office of the
secretary approves other high-contrast color combinations that
do not require color perception.
(6) Any voting system that requires any visual perception
must offer the election official who programs the system, prior
to its being sent to the polling place, the capability to set
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the font size, as it appears to the voter, from a minimum of 14
points to a maximum of 24 points.
(7) The voting system must provide audio information,
including any audio output using synthetic or recorded human
speech or any auditory feedback tones that are important for the
use of the audio approach, through at least one mode, by handset
or headset, in enhanced auditory fashion (increased
amplification), and must provide incremental volume control with
output amplification up to a level of at least 97 db spl.
(8) For transmitted voice signals to the voter, the voting
system must provide a gain adjustable up to a minimum of 20 db
spl with at least one intermediate step of 12 db spl of gain.
(9) For the safety of others, if the voting system has the
possibility of exceeding 120 db spl, a mechanism must be
included to reset the volume automatically to the voting
system's default volume level after every use.
(10) If sound cues and audible information such as "beeps"
are used, there must be simultaneous corresponding visual cues
and information.
(11) Controls and operable mechanisms must be operable with
one hand, including operability with a closed fist and operable
without tight grasping, pinching or twisting of the wrist.
(12) The force required to operate or activate the controls
must be no greater than five pounds of force.
(13) Voting booths must have voting controls at a minimum
height of 36 inches above the finished floor with a minimum knee
clearance of 27 inches high, 30 inches wide and 19 inches deep,
or the accessible voter interface devices must be designed so as
to allow their use on top of a table to meet these requirements.
Tabletop installations must include adequate privacy.
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(14) Any audio ballot must provide the voter with the
following functionalities:
(i) After the initial instructions that the system requires
election officials to provide to each voter, the voter should be
able to independently operate the voter interface through the
final step of casting a ballot without assistance.
(ii) The voter must be able to determine the races that he
or she is allowed to vote in and to determine which candidates
are available in each race.
(iii) The voter must be able to determine how many
candidates may be selected in each race.
(iv) The voter must be able to have confidence that the
physical or vocal inputs given to the system have selected the
candidates that he or she intended to select.
(v) The voter must be able to review the candidate
selections that he or she has made.
(vi) Prior to the act of casting the ballot, the voter must
be able to change any selections previously made and confirm a
new selection.
(vii) The system must communicate to the voter the fact that
the voter has failed to vote in a race or has failed to vote the
number of allowable candidates in any race and require the voter
to confirm his or her intent to undervote before casting the
ballot.
(viii) The system must prevent the voter from overvoting any
race.
(ix) The voter must be able to input a candidate's name in
each race that allows a write-in candidate.
(x) The voter must be able to review his or her write-in
input to the interface, edit that input and confirm that the
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edits meet the voter's intent.
(xi) There must be a clear, identifiable action that the
voter takes to "cast" the ballot. The system must make clear to
the voter how to take this action so that the voter has minimal
risk of taking the action accidentally but, when the voter
intends to cast the ballot, the action can be easily performed.
(xii) Once the ballot is cast, the system must confirm to
the voter that the action has occurred and that the voter's
process of voting is complete.
(xiii) Once the ballot is cast, the system must preclude the
voter from modifying the ballot cast or voting or casting
another ballot.
Section 1113-B. Voting system defects, disclosure,
investigations and penalties.
(a) (Reserved).
(b) D isclosure.-- No later than January 1 of every odd-
numbered year, each vendor shall file a written disclosure with
the department identifying any known defect in the voting system
or the fact that there is no known defect, the effect of any
defect on the operation and use of the approved voting system
and any known corrective measures to cure a defect, including,
but not limited to, advisories and bulletins issued to system
users.
(c) Cure of defect.-- Implementation of corrective measures
approved by the department which enable a system to conform to
the standards and ensure the timeliness and accuracy of the
casting and counting of ballots constitutes a cure of a defect.
(d) New defect.-- If a vendor becomes aware of the existence
of a defect, the vendor must file a new disclosure with the
department as provided in subsection (a) within 30 days of the
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date the vendor determined or reasonably should have determined
that the defect existed.
(e) Suspension.-- If a vendor discloses to the department
that a defect exists, the department may suspend all sales or
leases of the voting system in this Commonwealth and may suspend
the use of the system in any election in this Commonwealth. The
department shall provide written notice of a suspension under
this subsection to the affected vendor and county boards of
elections. If the department determines that the defect no
longer exists, the department shall lift the suspension and
provide written notice to each affected vendor and supervisor of
elections.
(f) Prohibition.-- If a vendor fails to file a required
disclosure for a voting system previously approved by the
department, that system may not be sold, leased or used for
elections in this Commonwealth until the voting system has been
submitted for examination and approval under this act. The
department shall provide written notice to each county board of
elections that the system is no longer approved.
(g) Investigation.-- If the department has reasonable cause
to believe a voting system approved under this act contains a
defect either before, during or after an election which has not
been disclosed pursuant to this section, the department shall
investigate whether the voting system has a defect.
(h) Initiation of investigation.-- The department shall
initiate an investigation on its own initiative or upon the
written request of the board of elections of a county that
purchased a voting system that contains the alleged defect.
(i) Notice of investigation.-- Upon initiation of an
investigation, the department shall provide written notice to
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the vendor and each county board of elections.
(j) Notice of defect.-- If the department determines by a
preponderance of the evidence that a defect exists in the voting
system, or that vendor failed to timely disclose a defect under
this section, the department shall provide written notice to the
affected vendor and county board of elections.
(k) Response.-- A vendor who receives notice of a defect
shall, within 10 days of receipt of the notice under subsection
(j) , file a written response to the department which:
(1) d enies that the alleged defect exists or existed as
alleged by the department or that the vendor failed to timely
disclose a defect and sets forth the reasons for the denial;
or
(2) a dmits that the defect exists or existed as alleged
by the department or that the vendor failed to timely
disclose a defect.
(l) Cure.--I f the defect has been cured, the vendor shall
provide an explanation of how the defect was cured.
(m) Failure to cure.-- If the defect has not been cured, the
vendor shall inform the department whether the defect can be
cured and shall provide the department with a plan for curing
the defect.
(n) Time frame.-- If the defect can be cured, the department
shall establish a time frame within which to cure the defect.
(o) Action.-- If, after receiving a response from the vendor,
the department determines that a defect does not exist or has
been cured within the time frame established by the department,
the department shall take no further action.
(p) Civil penalty.-- If the department determines that a
vendor failed to timely disclose a defect or that a defect
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exists and a vendor has not filed a written response or has
failed to cure within the time frame established by the
department, or if the defect cannot be cured, the department
shall impose a civil penalty of $25,000 for the defect plus an
amount equal to the actual costs incurred by the department in
conducting the investigation.
(q) Administrative penalty .-- If the department finds that a
defect existed:
(1) The department may suspend all sales and leases of
the voting system and may suspend its use in any county in
this Commonwealth. The department shall provide written
notice of the suspension to each affected vendor and county
board of elections.
(2) If the department determines that a defect no longer
exists in a voting system that has been suspended from use
under this section, the department shall lift the suspension
and authorize the sale, lease and use of the voting system in
any election in the State. The department shall provide
written notice that the suspension has been lifted to each
affected vendor and county board of elections.
(3) If the defect cannot be cured, the department may
disapprove the voting system for use in elections in this
Commonwealth. The department shall provide written notice to
all supervisors of elections that the system is no longer
approved. After approval of a system that has been withdrawn
under this paragraph, the system may not be sold, leased or
used in this Commonwealth until it has been resubmitted for
examination and approval and adopted for use under this act.
(4) A vendor for whom a civil penalty was imposed under
this section may not submit a voting system for approval by
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the department or enter into a contract for sale or lease of
a voting system in this Commonwealth until each civil penalty
has been paid and the department provides written
confirmation of the payment to the county board of elections.
(r) Report.-- The department shall prepare a written report
of any investigation conducted pursuant to this section and
submit the report to the President pro tempore of the Senate,
the Speaker of the House of Representatives, the Majority Leader
and Minority Leader of the Senate, the Majority Leader and
Minority Leader of the House of Representatives, the chair and
minority chair of the State Government Committee of the Senate
and the chair and minority chair of the State Government
Committee of the House of Representatives.
(s) Authority.-- The authority of the department under this
section shall be in addition to, and not exclusive of, any other
authority provided by law.
(t) Definition.-- For the purposes of this section, the term
"defect" means a failure, fault or flaw in an electronic or
electro-mechanic voting system approved under this act, which
results in nonconformance with the standards in a manner that
affects the timeliness or accuracy of the casting or counting of
ballots or a failure or inability of the voting system
manufacturer or vendor to make available and provide approved
replacements of hardware or software to the counties that have
purchased the approved voting system, the unavailability of
which results in the system's nonconformance with the standards
in a manner that affects the timeliness or accuracy of the
casting or counting of ballots.
Section 1201.3. Voter's Bill of Rights.-- Each registered
voter in this Commonwealth shall have the right to:
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(1) Vote and have his or her vote accurately counted.
(2) Cast a vote if he or she is in line at the time of the
closing of polls.
(3) Ask for and receive assistance in voting.
(4) Receive up to two replacement ballots if he or she makes
a mistake prior to the ballot being cast.
(5) Receive an explanation if his or her registration or
identity is in question.
(6) Cast a provisional ballot, if his or her registration or
identity is in question.
(7) Receive written instructions to use when voting and,
upon request, oral instructions from elections officers to use
when voting.
(8) Vote free from coercion or intimidation by elections
officers or any other person.
(9) Vote on a voting system that is in working condition and
that will allow votes to be accurately cast and accurately
counted.
Section 1201.4. Senior Voter's Bill of Rights.--In addition
to the rights of a voter under section 1201.3, a voter in this
Commonwealth who is 70 years of age or older shall have the
right to:
(1) Receive any assistance necessary to successfully cast a
ballot.
(2) Move to the front of the line upon arrival at a polling
place.
(3) Receive assistance through supervised voting under
section 1306.2.
Section 1201.5. Disabled Voter's Bill of Rights.--In
addition to the rights of a voter under section 1201.3, a voter
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in this Commonwealth who is disabled shall have the right to:
(1) Receive any assistance necessary to successfully cast a
ballot.
(2) Move to the front of the line upon arrival at a polling
place.
(3) Bring into a polling place or elections office a service
animal qualified under the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
(4) Vote using an accessible voting machine approved under
this act.
(5) Have all polling places in this Commonwealth meet
accessibility requirements under the Americans with Disabilities
Act of 1990 (Public Law 101-336, 104 Stat. 327).
(6) Request a ballot be brought by election officers outside
the polling place of the qualified elector, provided that:
(i) A qualified elector's vote under this section shall be
cast within 150 feet of the entrance to the polling place.
(ii) The qualified elector shall mark the ballot in the
presence of two election officers, with one representing each of
the political parties with the greatest number of registered
electors in this Commonwealth.
(iii) The qualified elector shall mark the ballot in a
secret manner and, obscuring the vote, return the ballot to the
election officers. The election officers shall immediately
return to the polling place and deposit the ballot in the voting
machine.
(iv) The electronic poll book utilized by the polling place
shall be brought to the qualified elector, if possible, or
otherwise made to record the qualified elector's participation
in the election.
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(v) A record shall be made of each elector voting under this
section and of each election officer assisting in the casting of
each such ballot.
Section 15. Sections 1205 and 1210(a.3)(4) of the act are
amended to read:
Section 1205. Time for Opening and Closing Polls.--At all
primaries and elections the polls shall be opened at 7 A.M.[,
Eastern Standard Time,] local time and shall remain open
continuously until 8 P.M. local time, [Eastern Standard Time,]
at which time they shall be closed.
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.3) * * *
(4) As each voter is found to be qualified and votes, the
election officer in charge of the district register shall [write
or stamp] record the date of the election or primary, his number
in the order of admission to the voting machines, and at
primaries a letter or abbreviation designating the party in
whose primary he votes, and shall sign [his name or initials in
the proper space on the registration card of such voter
contained in the district register.] electronically.
* * *
Section 16. Section 1231(a), (b)(1), (3) and (4) of the act,
amended March 27, 2020 (P.L.41, No.12), are amended to read:
Section 1231. Deadline for Receipt of Valid Voter
Registration Application.--(a) Except as provided under
subsection (b), each commission, commissioner and registrar or
clerk appointed by the commission shall receive, during ordinary
business hours and during additional hours as the commission
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prescribes, at the office of the commission and at additional
places as the commission designates, applications from
individuals who apply to be registered to vote as provided under
25 Pa.C.S. Pt. IV (relating to voter registration) who appear
and claim that they are entitled to be registered as electors of
a municipality. A commission may not accept the registration
application of an individual until after the commission has
confirmed the individual's eligibility to register to vote under
Article VII-A.
(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:
(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)] section 723-
A, if the valid voter registration application is received by
the appropriate commission not later than [fifteen] thirty 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 not later
than [fifteen] thirty days before the election.
(4) In any other case, if the valid voter registration
application of the applicant is received by the appropriate
commission not later than [fifteen] thirty days before the
election.
* * *
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Section 17. Sections 1302(b), (i)(2) and (k), 1302.1(a) and
1305(b) of the act are amended to read:
Section 1302. Applications for Official Absentee Ballots.--*
* *
(b) The following shall apply:
(1) An application for a qualified elector under subsection
(a) shall contain the following information, without which the
application shall be rejected:
(i) Home residence at the time of entrance into actual
military service or Federal employment, [length of time a
citizen; length of residence in Pennsylvania; date] if
applicable.
(ii) Date of birth.[, length of time a resident of voting
district, voting district if known, party]
(iii) Party choice in case of primary[, name and, for a
military].
(iv) Name.
(v) For a military elector, his stateside military address,
FPO or APO number and serial number.
(vi) At least two of the following:
(A) Last four digits of the elector's Social Security
number.
(B) If the elector has a Pennsylvania driver's license, the
license number.
(C) The elector's voter registration number.
(1.1) A qualified elector's application shall contain the
following, but the application shall not be rejected if the
information is unknown or not provided:
(i) Voting district.
(ii) Length of time a resident of voting district.
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(iii) Length of time a citizen.
(iv) Length of residence in this Commonwealth.
(2) Any elector other than a military elector shall in
addition specify the nature of his employment, the address to
which ballot is to be sent, relationship where necessary, and
such other information as may be determined and prescribed by
the Secretary of the Commonwealth.
(3) When such application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
* * *
(i) * * *
(2) Nothing in this act shall prohibit a private
organization or individual from printing blank voter
applications for absentee ballots or shall prohibit the use of
such applications by another individual, provided the form,
content and paper quality have been approved by the Secretary of
the Commonwealth. Voter applications for absentee ballots
distributed under this section must clearly indicate that they
have not been sent or distributed by a county or by the
department and must be blank upon distribution to any elector.
* * *
(k) The Secretary of the Commonwealth [may] shall develop an
electronic system through which all qualified electors may apply
for an absentee ballot and request permanent absentee voter
status under subsection (e.1), provided the system is able to
capture a digitized or electronic signature of the applicant. A
county board of elections shall treat any application or request
received through the electronic system as if the application or
request had been submitted on a paper form or any other format
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used by the county.
Section 1302.1. Date of Application for Absentee Ballot.--
(a) Except as provided in subsection (a.3), applications for
absentee ballots shall be received in the office of the county
board of elections not earlier than fifty (50) days before the
primary or election, except that if a county board of elections
determines that it would be appropriate to its operational
needs, any applications for absentee ballots received more than
fifty (50) days before the primary or election may be processed
before that time. Applications for absentee ballots shall be
processed if received not later than five o'clock P.M. of the
[first Tuesday] second Monday prior to the day of any primary or
election.
* * *
Section 1305. Delivering or Mailing Ballots.--
* * *
(b) (1) The county board of elections upon receipt and
approval of an application filed by any elector qualified in
accordance with the provisions of section 1301, subsections (i)
to (l), inclusive, shall commence to deliver or mail official
absentee ballots [as soon as a ballot is certified and the
ballots are available.] on the day after the deadline for
registering to vote in any election. While any proceeding is
pending in a Federal or State court which would affect the
contents of any ballot, the county board of elections may await
a resolution of that proceeding but in any event, shall commence
to deliver or mail official absentee ballots not later than the
second Tuesday prior to the primary or election. For those
applicants whose proof of identification was not provided with
the application or could not be verified by the board, the board
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shall send the notice required under section 1302.2(d) with the
absentee ballot. As additional applications are received and
approved after the time that the county board of elections
begins delivering or mailing official absentee and mail-in
ballots, the board shall deliver or mail official absentee
ballots to such additional electors within forty-eight hours.
[(2) Notwithstanding any other provisions of this act and
notwithstanding the inclusion of a mailing address on an
absentee or mail-in ballot application, a voter who presents the
voter's own application for an absentee or mail-in ballot within
the office of the county board of elections during regular
business hours may request to receive the voter's absentee or
mail-in ballot while the voter is at the office. This request
may be made orally or in writing. Upon presentation of the
application and the making of the request and upon approval
under sections 1302.2 and 1302.2-D, the county board of
elections shall promptly present the voter with the voter's
absentee or mail-in ballot. If a voter presents the voter's
application within the county board of elections' office in
accordance with this section, a county board of elections may
not deny the voter's request to have the ballot presented to the
voter while the voter is at the office unless there is a bona
fide objection to the absentee or mail-in ballot application.]
(2) A county board of elections shall investigate the
circumstances of any absentee ballot returned as undeliverable
by the United States Postal Service. The investigation shall
include contacting the absentee elector, further attempts to
have his ballot delivered and the correction or reconsideration
of his registration status and registered address, if these are
found to be incorrect.
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(3) If a qualified absentee elector directs the qualified
elector's ballot to be mailed to an address other than the
qualified elector's registered address, a county board of
elections shall additionally mail a notice of the request to the
qualified elector's registered address.
* * *
Section 18. Section 1306(a) of the act, amended March 27,
2020 (P.L.41, No.12), is amended and the section is amended by
adding a subsection to read:
Section 1306. Voting by Absentee Electors.--(a) Except as
provided in paragraphs (2) and (3), at any time after receiving
an official absentee ballot, but on or before eight o'clock P.M.
the day of the primary or election, the elector shall, in
secret, proceed to mark the ballot only in black lead pencil,
indelible pencil or blue, black or blue-black ink, in fountain
pen or ball point pen, and then fold the ballot, enclose and
securely seal the same in the envelope on which is printed,
stamped or endorsed "Official Election Ballot." This envelope
shall then be placed in the second one, on which is printed the
form of declaration of the elector, and the address of the
elector's county board of election and the local election
district of the elector. The elector shall then fill out, date
and sign the declaration printed on such envelope. [Such
envelope shall then be securely sealed and the elector shall
send same by mail, postage prepaid, except where franked, or
deliver it in person to said county board of election.]
* * *
(a.1) The elector shall, prior to eight o'clock P.M. on
election day, return his or her completed absentee ballot by one
of the following methods only:
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(1) Delivery through the United States Postal Service to the
offices of his or her county board of elections.
(2) Delivery in person to the permanent offices of his or
her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return location established under
the following conditions:
(i) A ballot return location may only be operated during the
hours of seven o'clock A.M. to eight o'clock P.M. during the
seven days prior to an election.
(ii) Ballot return locations may be established by a county
board of elections as necessary. The following shall apply:
(A) A county shall maintain at least one ballot return
location, and may maintain an additional ballot return location,
for each 100,000 residents of that county as of the most recent
census.
(B) Ballot return locations must be monitored by at least
one inspector of elections from each of the two parties with the
highest number of registered electors in this Commonwealth. Each
inspector of elections shall receive the same compensation
provided for an election under this act for each day on which he
monitors a ballot return location.
(C) The inspectors of election monitoring a ballot return
location shall verify the identification of each individual
returning a ballot consistent with the provisions of this act.
The inspectors of election shall also review each ballot prior
to the ballot's return to ensure completeness of the declaration
of the elector, signature and date.
(D) Ballot return locations must be monitored by video
recording during each hour of operation. The recording must be
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made available for public inspection and retained for a period
of two years.
(E) Ballots returned to a location established under this
section must be promptly collected and secured each evening
after eight o'clock P.M., or immediately upon being closed for
the day, whichever is earlier.
(F) Each ballot return location intended to be established
in an election must be publicly announced at least thirty (30)
days prior to establishment.
(G) Each ballot return location must be considered a polling
place for the requirements of this act, including accessibility,
access of observers and restriction of political activity.
(H) Ballot return locations must be established at a fixed
location for the duration of the seven days prior to an
election.
(I) Ballot return locations must be evenly distributed
throughout a county to ensure equal access of voters.
(J) After the establishment of in-person early voting under
Article XIII-F, ballot return locations may only be established
at the same premises as early voting locations in a county.
(4) Nothing in this section shall be construed to prohibit
an elector from returning the completed ballot of another member
of his household, registered at the same residential address and
unit number. At any time that an elector appears with the intent
of returning more than one completed ballot, the inspectors of
election shall review the ballots for compliance with this
subsection. An elector returning more than one completed ballot
shall be informed of the penalty provided under section 1855 for
any unlawful collection of ballots.
* * *
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Section 19. The act is amended by adding a section to read:
Section 1306.2. Supervised voting by qualified absentee
electors in certain facilities.--
(a) The county board of elections shall provide supervised
voting for absent electors residing in an assisted living
facility or nursing home facility within that county at the
request of an administrator of the facility. The request for
supervised voting in the facility shall be made by submitting a
written request to the board of elections no later than twenty-
one (21) days prior to the election for which that request is
submitted. The request shall specify the name and address of the
facility and the name of electors who wish to vote absentee in
that election. If the request contains the names of fewer than
five voters, the board of elections is not required to provide
supervised voting.
(b) The county board of elections may, in the absence of a
request from the administrator of a facility, provide for
supervised voting in the facility for persons who have requested
an absentee ballot. The county board of elections shall notify
the administrator of a facility that supervised voting will
occur.
(c) The county board of elections shall, in cooperation with
the administrator of a facility, select a date and time when the
supervised voting will occur.
(d) The county board of elections shall designate supervised
voting teams to provide services prescribed by this section.
Each supervised voting team shall include at least two persons.
Each supervised voting team must include representatives of at
least the two parties with the largest number of registered
electors in this Commonwealth, except that, in a primary
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election to nominate party nominees in which only one party has
candidates appearing on the ballot, each supervised voting team
members may be of only that party. A candidate may not provide
supervised voting services.
(e) The supervised voting team shall deliver the ballots to
the respective absentee electors and each member of the team
shall jointly supervise the voting of the ballots. If an elector
requests assistance in voting, the oath prescribed under this
act shall be completed and the elector may receive the
assistance of two members of the supervised voting team or some
other person of the elector's choice to assist the elector in
casting the elector's ballot.
(f) Before providing assistance, the supervised voting team
shall disclose to the elector that the ballot may be retained to
vote at a later time and that the elector has the right to seek
assistance in voting from some other person of the elector's
choice without the presence of the supervised voting team.
(g) If an elector declines to vote a ballot or is unable to
vote a ballot, the supervised voting team shall mark the ballot
"refused to vote" or "unable to vote."
(h) After the ballots have been voted or marked in
accordance with the provisions of this section, the supervised
voting team shall deliver the ballots to the county board of
elections.
(i) The department shall provide training and information to
assisted living facilities and nursing home facilities in order
to assist residents in voting, including applicable laws
regarding assistance in voting and penalties for violation of
election laws.
Section 20. Sections 1308(g) and 1302-D(b) and (g) of the
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act, amended March 27, 2020 (P.L.41, No.12), are amended to
read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) (1) (i) An absentee ballot cast by any absentee
elector as defined in section 1301(a), (b), (c), (d), (e), (f),
(g) and (h) shall be canvassed in accordance with this
subsection if the ballot is cast, submitted and received in
accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
uniform military and overseas voters).
(ii) An absentee ballot cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
absentee ballot under section 1302(a.3) or a mail-in ballot cast
by a mail-in elector shall be canvassed in accordance with this
subsection if the absentee ballot or mail-in ballot is received
in the office of the county board of elections no later than
eight o'clock P.M. on the day of the primary or election.
(1.1) The county board of elections shall meet [no earlier
than seven o'clock A.M. on] at least twice, including at nine
o'clock A.M. on the first Friday and nine o'clock A.M. on the
first Saturday prior to election day to pre-canvass all ballots
received prior to the meeting. Meetings to pre-canvass ballots
may occur only between nine o'clock A.M. and nine o'clock P.M.
on the five days prior to election day and while polls are open
on election day . A county board of elections shall provide at
least forty-eight hours' notice of a pre-canvass meeting by
publicly posting a notice of a pre-canvass meeting on its
publicly accessible Internet website. One authorized
representative of each candidate in an election, one authorized
representative of the county chairperson of each political party
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and one representative [from] of each political party shall be
permitted to remain in the room in which the absentee ballots
and mail-in ballots are pre-canvassed. Authorized
representatives shall be provided with meaningful access to view
and observe the entire process of pre-canvassing or canvassing
activities. Such access shall allow all authorized
representatives to easily read the text on any ballot or
envelope at any point in the process of pre-canvassing or
canvassing activities. A county board of elections must
designate an official to respond to issues reported by
authorized representatives. The department shall establish a
procedure for authorized representatives to report any concerns
arising from any pre-canvass meeting and the department must
investigate and report on any concerns raised in each election.
A county board of elections shall record the pre-canvassing and
canvassing meetings with audio and visual recording. The entire
recording under this section shall be made available only after
the close of the polls. No person observing, attending or
participating in a pre-canvass meeting may disclose the results
of any portion of any pre-canvass meeting prior to the close of
the polls.
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election and no later than
eight o'clock A.M. on the [third] day following the election to
begin canvassing absentee ballots and mail-in ballots not
included in the pre-canvass meeting. The meeting under this
paragraph shall continue until all absentee ballots and mail-in
ballots received prior to the close of the polls have been
canvassed. The county board of elections shall not record or
publish any votes reflected on the ballots prior to the close of
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the polls. The canvass process shall continue through the eighth
day following the election for valid military-overseas ballots
timely received under 25 Pa.C.S. § 3511 (relating to receipt of
voted ballot). A county board of elections shall provide at
least forty-eight hours' notice of a canvass meeting by publicly
posting a notice on its publicly accessible Internet website.
One authorized representative of each candidate in an election
and one representative from each political party shall be
permitted to remain in the room in which the absentee ballots
and mail-in ballots are canvassed.
(3) When the county board meets to pre-canvass or canvass
absentee ballots and mail-in ballots under paragraphs (1), (1.1)
and (2), the board shall [examine] do all of the following:
(i) Examine the declaration on the envelope of each ballot
not set aside under subsection (d) and shall compare the
information and signature thereon with that contained in the
"Registered Absentee and Mail-in Voters File," the absentee
voters' list and/or the "Military Veterans and Emergency
Civilians Absentee Voters File," whichever is applicable.
(ii) A county board of elections shall use an automated
sorting or extracting machine to assist in its processing of
absentee ballots and mail-in ballots, the machine must possess
capabilities as a signature verification device, and the
capabilities must additionally be used by the county board of
elections to assist in comparing the signature on each ballot
with the signature in a voter's file.
(iii) If the county board has verified the proof of
identification as required under this act and is satisfied that
the declaration is sufficient [and], that the information
contained in the "Registered Absentee and Mail-in Voters File,"
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the absentee voters' list and/or the "Military Veterans and
Emergency Civilians Absentee Voters File" verifies his right to
vote[,] and that the signature on the ballot matches the
signature on file, the county board shall provide a list of the
names of electors whose absentee ballots or mail-in ballots are
to be pre-canvassed or canvassed.
(iv) For absentee ballots or mail-in ballots which the
county board is not satisfied that proof of identification has
been provided due to an inability to match the signature present
on the ballot to the signature on file, or for a ballot on which
the declaration of the elector is incomplete, or are unsigned or
undated, the county board shall:
(A) Attempt to notify the elector by mail, email, telephone
or text message that the elector's ballot is incomplete and will
not be counted unless action is taken by the elector prior to
the closing of polls on Election Day.
(B) Direct the elector to appear before the Board of
Elections to complete the missing information or to provide an
electronic, facsimile or paper copy to the county board of
elections, including:
(I) proof of identification and an executed affirmation
attesting, under penalty of perjury, that the elector is the
same individual who personally remitted the absentee ballot or
mail-in ballot; or
(II) an executed affirmation attesting, under penalty of
perjury, that the elector is the same individual who personally
remitted the absentee ballot or mail-in ballot and that the
elector is indigent and unable to obtain proof of identification
without the payment of a fee.
(v) For absentee ballots or mail-in ballots with incurable
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errors, including lacking a secrecy envelope, or the marking of
identifying information on the secrecy envelope, the county
board shall:
(A) attempt to notify the elector by mail, email, telephone
or text message that the elector's ballot cannot be counted due
to an incurable error; and
(B) direct the elector to vote on election day using a
provisional ballot; or
(C) if the elector is unable to appear at his or her polling
place on election day due to a reason listed under section 1301,
direct the elector to apply for an emergency absentee ballot.
(4) All absentee ballots which have not been challenged
under section 1302.2(c) and all mail-in ballots which have not
been challenged under section 1302.2-D(a)(2) and that have been
verified under paragraph (3) shall be counted and included with
the returns of the applicable election district as follows:
(i) The county board shall open the envelope of every
unchallenged absentee elector and mail-in elector in such manner
as not to destroy the declaration executed thereon.
(ii) If any of the envelopes on which are printed, stamped
or endorsed the words "Official Election Ballot" contain any
text, mark or symbol which reveals the identity of the elector,
the elector's political affiliation or the elector's candidate
preference, the envelopes and the ballots contained therein
shall be set aside and declared void.
(iii) The county board shall then break the seals of such
envelopes, remove the ballots and count, compute and tally the
votes.
(iv) Following the close of the polls, the county board
shall record and publish the votes reflected on the ballots.
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(5) Ballots received whose applications have been challenged
and ballots which have been challenged shall be placed unopened
in a secure, safe and sealed container in the custody of the
county board until it shall fix a time and place for a formal
hearing of all such challenges, and notice shall be given where
possible to all absentee electors and mail-in electors thus
challenged and to every individual who made a challenge. The
time for the hearing shall not be later than seven (7) days
after the deadline for all challenges to be filed. On the day
fixed for said hearing, the county board shall proceed without
delay to hear said challenges, and, in hearing the testimony,
the county board shall not be bound by the Pennsylvania Rules of
Evidence. The testimony presented shall be stenographically
recorded and made part of the record of the hearing.
(6) The decision of the county board in upholding or
dismissing any challenge may be reviewed by the court of common
pleas of the county upon a petition filed by any person
aggrieved by the decision of the county board. The appeal shall
be taken, within two (2) days after the decision was made,
whether the decision was reduced to writing or not, to the court
of common pleas setting forth the objections to the county
board's decision and praying for an order reversing the
decision.
(7) Pending the final determination of all appeals, the
county board shall suspend any action in canvassing and
computing all challenged ballots received under this subsection
irrespective of whether or not appeal was taken from the county
board's decision. Upon completion of the computation of the
returns of the county, the votes cast upon the challenged
official absentee ballots that have been finally determined to
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be valid shall be added to the other votes cast within the
county.
* * *
Section 1302-D. Applications for official mail-in ballots.
* * *
(b) Content.--The following shall apply:
(1) The qualified elector's application shall contain
the following information, without which the application
shall be rejected:
(i) Date of birth.
[(ii) Length of time a resident of voting district.
(iii) Voting district, if known.]
(iv) Party choice in case of primary.
(v) Name.
(vi) At least two of the following:
(A) Last four digits of the elector's Social
Security number.
(B) If the elector has a Pennsylvania driver's
license, the license number.
(C) The elector's voter registration number.
(1.1) The qualified elector's application shall contain
the following, but the application shall not be rejected if
this information is unknown or not provided:
(i) Voting district.
(ii) Length of time a resident of voting district.
(2) A qualified elector shall, in addition, [specify the
address to which the ballot is to be sent, the relationship
where necessary and other information as may be determined by
the Secretary of the Commonwealth.] specify his or her
registered address, to which the ballot must be delivered by
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mail.
(3) When an application is received by the Secretary of
the Commonwealth it shall be forwarded to the proper county
board of election.
* * *
(g) Permanent mail-in voting list.--
[(1) Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
during the calendar year. A mail-in ballot application shall
be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
required by this act. A mail-in ballot application mailed to
an elector under this section, which is completed and timely
returned by the elector, shall serve as an application for
any and all primary, general or special elections to be held
in the remainder of that calendar year and for all special
elections to be held before the third Monday in February of
the succeeding year.]
(1) Neither the department nor the county shall maintain
a permanent mail-in voting list. A qualified elector must
separately request a mail-in ballot for each election in
which the qualified elector chooses to vote by mail,
including for each election held within the same calendar
year.
(2) The Secretary of the Commonwealth may develop an
electronic system through which all qualified electors may
apply for a mail-in ballot and request permanent mail-in
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voter status under this section, provided the system is able
to capture a digitized or electronic signature of the
applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
[(3) The transfer of a qualified registered elector on a
permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector.]
Section 21. Section 1302.1-D(a) of the act is amended to
read:
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall be
received in the office of the county board of elections not
earlier than 50 days before the primary or election, except that
if a county board of elections determines that it would be
appropriate to the county board of elections' operational needs,
any applications for mail-in ballots received more than 50 days
before the primary or election may be processed before that
time. Applications for mail-in ballots shall be processed if
received not later than five o'clock P.M. of the [first Tuesday]
second Monday prior to the day of any primary or election.
* * *
Section 22. Section 1305-D of the act, amended March 27,
2020 (P.L.41, No.12), is amended to read:
Section 1305-D. Delivering or mailing ballots.
The following apply:
(1) The county board of elections, upon receipt and
approval of an application filed by a qualified elector under
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section 1301-D, shall commence to deliver or mail official
mail-in ballots [as soon as a ballot is certified and the
ballots are available.] on the day after the deadline for
registering to vote in an election. While any proceeding is
pending in a Federal or State court which would affect the
contents of any ballot, the county board of elections may
await a resolution of that proceeding but in any event, shall
commence to deliver or mail official mail-in ballots not
later than the second Tuesday prior to the primary or
election. For applicants whose proof of identification was
not provided with the application or could not be verified by
the board, the board shall send the notice required under
section 1302.2-D(c) with the mail-in ballot. As additional
applications are received and approved, the board shall
deliver or mail official mail-in ballots to the additional
electors within 48 hours.
(2) The county board of elections shall investigate the
circumstances of any mail-in ballot returned as undeliverable
by the United States Postal Service. The investigation shall
include contacting the mail-in elector, further attempts to
have his ballot delivered, and the correction or
reconsideration of his registration status and registered
address, if these are found to be incorrect.
Section 23. Sections 1306-D(a) of the act, amended March 27,
2020 (P.L.41, No.12), is amended and the section is amended by
adding a subsection to read:
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in elector shall, in secret,
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proceed to mark the ballot only in black lead pencil, indelible
pencil or blue, black or blue-black ink, in fountain pen or ball
point pen, and then fold the ballot, enclose and securely seal
the same in the envelope on which is printed, stamped or
endorsed "Official Election Ballot." This envelope shall then be
placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
county board of election and the local election district of the
elector. The elector shall then fill out, date and sign the
declaration printed on such envelope. [Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election.]
* * *
(a.2) Return of completed mail-in ballots.--The elector
shall, prior to eight o'clock P.M. on election day, return his
or her completed mail-in ballot by one of the following methods
only:
(1) Delivery through the United States Postal Service to
the offices of his county board of elections.
(2) Delivery in person to the permanent offices of his
or her county board of elections during its regular hours of
operation.
(3) Delivery to a ballot return location established
under the following conditions:
(i) A ballot return location may only be operated
during the hours of seven o'clock A.M. to eight o'clock
P.M. during the seven days prior to an election.
(ii) Ballot return locations may be established by a
county board of elections as necessary, provided that:
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(A) A county shall maintain at least one ballot
return location and may maintain an additional ballot
return location for each 100,000 residents of that
county as of the most recent census.
(B) Ballot return locations must be monitored by
at least one inspector of elections from each of the
two parties with the highest number of registered
electors in this Commonwealth. Each inspector of
elections shall receive the same compensation
provided for an election under this act for each day
on which he monitors a ballot return location.
(C) The inspectors of election monitoring any
ballot return location shall verify the
identification of each individual returning a ballot
consistent with the provisions of this act. The
inspectors of election shall also ensure review of
each ballot prior to the ballot's return to ensure
completeness of the declaration of the elector,
signature and date.
(D) Ballot return locations must be monitored by
video recording during each hours of operation. The
recording shall be made available for public
inspection and retained for a period of two years.
(E) Ballots returned to a location established
under this section must be promptly collected and
secured each evening after eight o'clock P.M., or
immediately upon being closed for the day, whichever
is earlier.
(F) Each ballot return location must be
considered a polling place for all requirements of
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this act, including accessibility, access of
observers and restriction of political activity.
(G) Ballot return locations must be established
at a fixed location for the duration of the seven
days prior to an election.
(H) Ballot return locations must be evenly
distributed throughout a county to ensure equal
access of voters.
(I) After the establishment of in-person early
voting under Article XIII-F, ballot return locations
may only be established at the same premises as early
voting locations in a county.
(4) Nothing in this subsection shall be construed to
prohibit an elector from returning the completed ballot of
another member of his or her household, registered at the
same residential address and unit number. At any time that an
elector appears with the intent of returning more than one
completed ballot, the inspectors of election shall review the
ballots for compliance with this subsection. An elector
returning more than one completed ballot shall be informed of
the penalty provided under section 1855 for any unlawful
collection of ballots.
* * *
Section 24. Section 1302-E(c)(4) of the act is amended by
adding a subparagraph and the subsection is amended by adding
paragraphs to read:
Section 1302-E. Pennsylvania Election Law Advisory Board.
* * *
(c) Duties.--The board shall have the following duties:
* * *
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(4) Evaluate and make recommendations on:
* * *
(iii) The rules prescribed in the official
instructions and procedures manual under this section
shall include regulations and restrictions governing any
vendors contracted by counties or the department for the
printing or mailing of ballots.
* * *
(6) After consultation with each county board of
elections , to prescribe rules to achieve and maintain the
maximum degree of correctness, impartiality, uniformity and
efficiency on the procedures for early voting and voting and
of producing, distributing, collecting, counting, tabulating
and storing ballots. The election law advisory board shall
also adopt rules regarding transmittal of unvoted ballots,
ballot requests, voted ballots and other election materials
to and from a qualified absentee military or overseas
elector, as defined by the Uniformed and Overseas Citizens
Absentee Voting Act (Public Law 99-410, 100 Stat. 924) . The
following shall apply:
(i) The rules shall be prescribed in an official
instructions and procedures manual to be issued not later
than December 31 of each odd-numbered year immediately
preceding the general election. Before its issuance, the
manual shall be submitted to the President pro tempore of
the Senate, the Speaker of the House of Representatives,
the Majority Leader and Minority Leader of the Senate,
the Majority Leader and Minority Leader of the House of
Representatives, the chair and minority chair of the
State Government Committee of the Senate, the chair and
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minority chair of the State Government Committee of the
House of Representatives and the Governor not later than
October 1 of the year before each general election.
(ii) Each rule included in the official instructions
and procedures manual must provide citations to relevant
provisions of this act.
(7) To establish standards for annual training
requirements for all county election officials, poll workers
and judges of elections.
(8) To adopt rules prescribing minimum standards for
nonpartisan voter education. The standards shall, at a
minimum, address:
(i) voter registration;
(ii) balloting procedures, by mail and polling
place;
(iii) voter rights and responsibilities;
(iv) distribution of sample ballots; and
(v) public service announcements.
(9) To receive reports from county boards of elections
required under section 302, to reexamine the rules adopted
under paragraph (8), and to use the findings in the reports
as a basis for modifying the rules to incorporate successful
voter education programs and techniques, as necessary.
* * *
Section 25. The act is amended by adding an article to read:
ARTICLE XIII-F
EARLY VOTING BY QUALIFIED ELECTORS
Section 1301-F. In-person early voting.
Beginning with No later than the 2025 primary election, and
for each election thereafter, each county board of elections
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must provide electors with the opportunity to vote at an early
voting center, prior to election day.
Section 1302-F. Operation.
The following shall apply:
(1) Each early voting center shall be considered a
polling place for the purposes of this act.
(2) Early voting centers may be established beginning on
the second Friday prior to an election and ending on the
first Wednesday prior to an election. A county shall operate
one early voting center for each 100,000 residents of the
county at the time of the most recent census, with a minimum
of one center and a maximum of 10.
(3) Early voting centers may be open from 7 A.M to 8
P.M. each day.
(4) The board shall provide at least 30 days notice
prior to the establishment of any early voting center,
including location and intended hours of operation.
(4.1) Early voting centers may be established only at a
building which provides the security required under paragraph
(9), and which is a city hall, permanent public library
facility, courthouse or a municipal, county or Commonwealth
owned permanent building.
(5) A county may establish not more than 10 early voting
centers, distributed throughout the county so as to ensure
equal access to all voters.
(6) An early voting center shall utilize electronic poll
books with the capability of scanning an elector's
identification and printing the appropriate ballot for that
elector.
(7) Each early voting center must be accessible under
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the requirements of the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
(8) Voting at early voting centers shall be conducted
using the same type of voting machines utilized by that
county on election day.
(9) An early voting center shall be continually secured,
monitored by staff and monitored by video recording from the
beginning of the period provided for early voting until the
end, including overnight. Video recording shall be retained
and made available publicly.
(10) During any early voting period, each county board
of elections shall make available the total number of
electors having cast a ballot at each early voting location
during the previous day. Each county board shall prepare an
electronic data file listing the individual electors who cast
a ballot during the early voting period. This information
shall be updated and made available no later than noon of
each day and shall be provided to the public upon request.
Section 1303-F. Reimbursement.
Counties shall be reimbursed by the department for half of
the costs incurred in the operation of early voting centers.
Section 26. Section 1402 of the act is amended by adding a
subsection to read:
Section 1402. Returns to Be Open to Public Inspection;
Exceptions.--* * *
(a.1) Each ballot cast in an election shall be open to
public inspection at the office of the county board as soon as
practicable after an election, and for as long as the ballots
are required to be retained under this act. Public inspection
shall be monitored to ensure the safety and integrity of each
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ballot. The following shall apply:
(1) A county official and sheriff shall be present during a
public inspection of ballots.
(2) A ballot may not be altered, damaged, moved or destroyed
in the course of a public inspection.
(3) For the 2023 primary election, and for each election
thereafter, digital copies of each ballot shall be created,
retained and provided upon request, subject to the same
conditions as physical ballots.
* * *
Section 27. Section 1404(c) and (f) of the act are amended
to read:
Section 1404. Computation of Returns by County Board;
Certification; Issuance of Certificates of Election.--
* * *
[(c) The county board shall first publicly account for all
extra official ballots printed under the provisions of section
1007 of this act. The general returns made by the election
officers from the various election districts shall then be read
one after another in the usual order, slowly and audibly, by one
of the clerks who shall, in each case of a return from a
district in which ballots were used, read therefrom the number
of ballots (in the case of primaries the number of ballots of
each party) issued, spoiled and cancelled, and cast,
respectively, whereupon the clerk having charge of the records
of the county board showing the number of ballots furnished for
each election district, including the number of extra official
ballots as provided by section 1007 of this act as so furnished,
and the number of unused ballots and spoiled and cancelled
ballots returned, shall publicly announce the number of the same
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respectively, and unless it appears by said number or
calculations therefrom that said records, and the said general
return correspond, no further returns shall be read from the
latter until all discrepancies are explained to the satisfaction
of the county board. In the case of districts in which voting
machines are used, there shall be read from the general return
the identifying number or other designation of each voting
machine used, the numbers registered on the protective counter
or device on each machine prior to the opening of the polls and
immediately after close of the same, whereupon the clerk having
charge of the records of the county board showing the number
registered on the protective counter or device of each voting
machine prior to delivery at the polling place, shall publicly
announce the numbers so registered, and unless it appears that
the said records, and the said general return correspond, no
further returns shall be read from the latter until any and all
discrepancies are explained to the satisfaction of the county
board.]
(c) It shall be the duty of each county board of elections,
before certification or the issuance of certificates of
election, to record the participation of each elector and the
article of this act by which the elector voted, in the voter
registration record established in 25 Pa.C.S. Ch. 12 Subch. B
(relating to Statewide Uniform Registry of Electors (SURE)). If
it appears that the total number of ballots cast in an election
district, or that the total number of votes returned for a
candidate for the same office or nomination at an election
exceeds the number of electors recorded as participating in that
election in that district, the excess shall be deemed a
discrepancy and palpable error, shall be investigated by the
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return board and no votes shall be recorded from the district
until an investigation is conducted. The excess shall authorize
the following:
(1) The summoning of the election officers, overseers,
machine inspectors and clerks to appear with any election papers
in their possession.
(2) The production of the ballot box before the return
board, the examination and scrutiny of its contents and of the
registration and election documents relating to the district, in
the presence of representatives of each party and candidate
interested who are attending the canvass of such votes.
(2.1) The recount of the ballots contained in the ballot
box, either generally or respecting the particular office,
nomination, or question as to which the excess exists, in the
discretion of the return board.
(3) The correction of the returns in accordance with the
result of the recount.
(4) In the discretion of the return board, the exclusion of
the poll of the district, either as to all offices, candidates,
questions and parties, or as to a particular office, candidate,
question or party as to which the excess exists, if the ballot
box is found to contain more ballots:
(i) than there are electors registered or enrolled in the
election district;
(ii) of one party than there are electors registered or
enrolled in the district as members of that party;
(iii) than the number of voters who voted at the election;
or
(iv) of one party than the number of voters of the party who
voted at the election.
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(5) A report of the facts of the case to the district
attorney where the action appears to be warranted.
* * *
(f) As the returns from each election district are read,
computed and found to be correct or corrected as aforesaid, they
shall be recorded on the blanks prepared for the purpose until
all the returns from the various election districts which are
entitled to be counted shall have been duly recorded, when they
shall be added together, announced and attested by the clerks
who made and computed the entries respectively and signed by the
members of the county board. Returns under this subsection shall
be considered unofficial for five (5) days. The county board
shall submit the unofficial returns to the Secretary of the
Commonwealth [by five o'clock P. M. on the Tuesday following the
election.] incrementally and as often as practicable until all
returns have been submitted. The submission shall be as directed
by the secretary for public office which appears on the ballot
in every election district in this Commonwealth or for a ballot
question which appears on the ballot in every election district
in this Commonwealth. The unofficial returns shall be posted to
the department's publicly accessible Internet website and to
each county board of elections' publicly accessible Internet
website. The secretary shall establish, for the use of each
website displaying unofficial returns, a consistent template and
interface which shall provide, in electronic spreadsheet form:
(1) The total number of ballots voted in this Commonwealth,
in each county and in each voting district.
(2) The total number of ballots voted by electors under each
article of this act.
(3) The votes recorded for each candidate or question, in
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each voting district and each county, and the sum for the
Commonwealth, including the number of votes received by each
candidate or question under each article of this act.
(4) The percentage of voting districts having reported
results .
(5) The percentage of registered electors who are recorded
as having voted in this Commonwealth, each county and each
voting district .
(6) The total number of registered electors in this
Commonwealth, each county and each voting district .
(7) The total number of mail-in and absentee ballots sent by
each county and the sum for this Commonwealth.
(8) The total number of overseas and military ballots
mailed.
(9) A website displaying unofficial returns shall provide an
interactive map allowing the information under paragraphs (1),
(2), (3), (4), (5), (6), (7) and (8) to be viewed for each
election district, county and this Commonwealth. At any time
that unofficial results data previously posted to the department
or a county's publicly accessible Internet website is amended,
corrected, deleted or updated in a manner other than the
inclusion of additional results, the department and an affected
county shall post a disclosure to the unofficial returns website
explicitly noting the time such update occurred, the reason and
the impact on unofficial returns.
At the expiration of five (5) days after the completion of
the computation of votes, in case no petition for a recount or
recanvass has been filed in accordance with the provisions of
this act, or upon the completion of the recount or recanvass if
a petition therefor has been filed within five (5) days after
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the completion of the computation of votes, the county board
shall certify the returns so computed in said county in the
manner required by this act, unless upon appeals taken from any
decision, the court of common pleas shall have directed any
returns to be revised, or unless in case of a recount, errors in
the said returns shall have been found, in which case said
returns shall be revised, corrected and certified accordingly.
The county board shall thereupon, in the case of elections,
issue certificates of election to the successful candidates for
all county, city, borough, township, ward, school district, poor
district and election offices, and local party offices to be
filled by the votes of the electors of said county, or of any
part thereof.
* * *
Section 28. The act is amended by adding a section to read:
Section 1778. Powers and duties of the Attorney General
Relating to Elections.- - The Attorney General shall, at least 45
days prior to an election, appoint an independent prosecutor to
review election complaints received by the department and the
county boards of elections. The independent prosecutor shall
have experience prosecuting election law violations and shall
coordinate efforts with each level of law enforcement. The
independent prosecutor shall publish a report following each
election including:
(1) The total number of complaints filed and to which entity
the complaint was filed.
(2) A summary of how each complaint was investigated by the
independent prosecutor.
(3) Recommendations to the General Assembly, the department,
and county boards of elections for reducing future complaints.
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Section 29. Sections 1801, 1802, 1802.1, 1803, 1804, 1805,
1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815,
1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824, 1825, 1826,
1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836,
1837, 1838, 1839, 1840, 1841, 1843, 1845, 1847, 1848, 1849 and
1850 of the act are amended to read:
Section 1801. Disobeying Lawful Instructions.--Any person
who wilfully disobeys any lawful instruction or order of any
county board of elections, or who refuses to obey their subpoena
duly issued and served under the provisions of this act, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [five hundred ($500)]
one thousand ($1,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1802. Perjury.--Any wilful false statement made
under oath or affirmation or in writing, stating that it is so
made, although such oath or affirmation may not have actually
been made, by any person regarding any material matter or thing
relating to any subject being investigated, heard, determined or
acted upon by any county board of elections, or member thereof,
or by any court or judge thereof, judge of election, inspector
of election, or overseer, in accordance with the terms of this
act, shall be perjury, a misdemeanor of the first degree, and
any person, upon conviction thereof, shall be sentenced to pay a
fine not exceeding [ten thousand ($10,000)] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [five (5)] ten (10) years, or both, in the discretion of
the court.
Section 1802.1. False Affidavits of Candidates.--Any
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candidate for State, county, city, borough, incorporated town,
township or school district office or for the office of United
States Senator or Representative in Congress or any other
elective public office who knowingly makes a false statement
regarding his eligibility or qualifications for such office in
his candidate's affidavit shall, in litigation which results in
the removal of the candidate from the ballot, be liable for
court costs, including filing fees, attorney fees, investigation
fees and similar costs, in an amount up to [ten thousand
($10,000)] twenty thousand ($20,000) dollars.
Section 1803. Refusal to Permit Inspection of Papers;
Destruction or Removal; Secretary of the Commonwealth.--Any
Secretary of the Commonwealth, deputy, or employe of his office,
who shall refuse to permit the public inspection or copying as
authorized, except when in use in his office, by this act, of
any return, nomination petition, certificate or paper, other
petition, account, contract, report or any other document or
record in his custody which, under the provisions of this act,
is required to be open to public inspection; or who shall
destroy or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in his office; or who shall remove any such
document or record from his office during said period, or permit
the same to be removed, except pursuant to the direction of any
competent court or any committee required to determine any
contested primary or election, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000)] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [one (1)
month] two (2) months nor more than [two (2)] four (4) years, or
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both, in the discretion of the court.
Section 1804. Refusal to Permit Inspection of Papers;
Destruction or Removal; County Boards of Elections.--Any member,
chief clerk or other employe of any county board of elections,
who shall refuse to permit the public inspection or copying, as
authorized by this act, of any general or duplicate return
sheet, tally paper, affidavit, nomination petition, certificate
or paper, other petition, witness list, account, contract,
report or any other document or record in the custody of such
county board which, under the provisions of this act, is
required to be open to public inspection; or who shall destroy
or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in the office of such county board; or who
shall remove any such document or record from the office of such
county board during said period, or permit the same to be
removed, except pursuant to the direction of any competent court
or any committee required to determine any contested primary or
election, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [one (1) month] two (2) months
nor more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1805. Insertion and Alteration of Entries in
Documents; Removal; Refusal to Deliver.--Any member, chief clerk
or employe of any county board of elections or judge, inspector
or clerk of election, machine inspector, overseer, or other
person, who knowingly inserts or knowingly permits to be
inserted any fictitious name, false figure or other fraudulent
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entry on or in any registration card, district register, voter's
certificate, list of voters, affidavit, tally paper, general or
duplicate return sheet, statement, certificate, oath, voucher,
account, ballot or other record or document authorized or
required to be made, used, signed, returned or preserved for any
public purpose in connection with any primary or election; or
who materially alters or intentionally destroys any entry which
has been lawfully made therein, except by order of the county
board of elections or court of competent jurisdiction, or who
takes or removes any such book, affidavit, return, account,
ballot or other document or record from the custody of any
person having lawful charge thereof, in order to prevent the
same from being used or inspected or copied as required or
permitted by this act, or who neglects or refuses, within the
time and in the manner required by this act, to deliver the same
into the custody of the officers who are required by this act to
use or keep the same, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not less than [one (1) month]
two (2) months or more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1806. Refusal to Permit Overseers, Watchers,
Attorneys or Candidates to Act.--Any member of a county board of
elections, judge of election or inspector of election who shall
refuse to permit any overseer or watcher, attorney or candidate
to be present, as authorized by this act, at any session of a
county board, computation and canvassing of returns of any
primary or election, recount of ballots or recanvass of voting
machines, as authorized by this act, or at any polling place
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during the time the polls are open at any primary or election,
and after the close of the polls during the time the ballots are
counted or voting machine canvassed and until the returns of
such primary or election have been made up and signed, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment not
exceeding [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1807. Driving away Watchers, Attorneys, Candidates
or Overseers.--Any person who by violence or intimidation shall
threaten or drive away any watcher, attorney, candidate or
overseer, or representative of the county board of elections, or
of the Secretary of the Commonwealth, required or permitted to
be present at any polling place, or who shall in any manner
prevent any overseer, or representative of the county board of
elections or of the Secretary of the Commonwealth from
performing his duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not less than
[one (1) month] two (2) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1808. Refusal to Permit Election Officers, Clerks
and Machine Inspectors to Act; Driving away Said Persons.--Any
person, including any election officer, who shall refuse to
permit any election officer, clerk or machine inspector, duly
elected or appointed and authorized to act, to perform the
duties imposed on him or to act as permitted by this act; or who
shall by violence or intimidation threaten or drive away, any
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such election officer, clerk or machine inspector or who shall,
in any manner, prevent any such election officer, clerk or
machine inspector from performing his rights and duties under
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [one (1) month] two (2) months
or more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1809. Refusal to Administer Oath; Acting Without
Being Sworn.--If any judge of election or minority inspector of
election refuses or fails to administer the oath to the officers
of election, in the manner required by this act, or if any judge
of election, inspector of election, clerk of election, or
machine inspector, shall act without being first duly sworn, or
if any such person shall sign the written form of oath without
being duly sworn, or if any judge of election or minority
inspector of election or any other person authorized to
administer oaths shall certify that any such person was sworn
when he was not, he shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one hundred ($100)] two hundred ($200) dollars, or to
undergo an imprisonment not exceeding [six (6) months] one (1)
year, or both, in the discretion of the court.
Section 1810. Violation of Oath of Office by Election
Officers.--Any judge of election, inspector of election, clerk
of election, or machine inspector who shall wilfully violate any
of the provisions of his oath of office, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one thousand ($1,000)] two thousand
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($2,000) dollars, or to undergo an imprisonment not exceeding
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1811. Peace Officers; Failure to Render Assistance;
Hindering or Delaying County Board Members and Others.--Any
sheriff, deputy sheriff, constable, deputy constable, police or
other peace officer, who shall fail upon demand of any member of
a county board of elections, judge or inspector of election, or
overseer to render such aid and assistance to him as he shall
request in the maintenance of peace and in the making of
arrests, as herein provided, or who shall wilfully hinder or
delay or attempt to hinder or delay any member of a county
board, judge or inspector of election, or overseer in the
performance of any duty under this act, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [five hundred ($500)] one thousand
($1,000) dollars, or to undergo an imprisonment of not less than
[three (3)] six (6) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1812. Nomination Petitions and Papers; Offenses by
Signers.--If any person shall knowingly and wilfully sign any
nomination petition or nomination paper, without having the
qualifications prescribed by this act, or if any person shall
set opposite a signature on a nomination petition or paper, a
date other than the actual date such signature was affixed
thereto, or if any person shall set opposite the signature on a
nomination petition or nomination paper, a false statement of
the signer's place of residence or occupation, or if any person
shall sign more nomination petitions or nomination papers than
permitted by the provisions of this act, he shall be guilty of a
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misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one hundred ($100)] two hundred ($200)
dollars, or to undergo an imprisonment of not less than [three
(3)] six (6) months nor more than [two (2)] four (4) years, or
both, at the discretion of the court.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers.--If any person shall knowingly make a
false statement in any affidavit required by the provisions of
this act, to be appended to or to accompany a nomination
petition or a nomination paper, or if any person shall
fraudulently sign any name not his own to any nomination
petition or nomination paper, or if any person shall
fraudulently alter any nomination petition or nomination paper
without the consent of the signers, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [five hundred ($500)] one thousand
($1,000) dollars, or to undergo imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1814. Nomination Petitions; Certificates and Papers;
Destruction; Fraudulent Filing; Suppression.--Any person who
shall falsely make any nomination certificate or who shall
wilfully deface or destroy any nomination petition, nomination
certificate or nomination paper, or any part thereof, or any
letter of withdrawal, or who shall file any nomination petition,
nomination certificate or nomination paper or letter of
withdrawal knowing the same, or any part thereof, to be falsely
made, or who shall suppress any nomination petition, nomination
certificate or nomination paper, or any part thereof, which has
been duly filed, shall be guilty of a misdemeanor, and, upon
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conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1815. Offenses by Printers of Ballots.--Any printer
employed by any county board of elections to print any official
ballots, or any person engaged in printing the same who shall
appropriate to himself or give or deliver or knowingly permit to
be taken any of said ballots by any other person than such
county board of election or their duly authorized agent, or who
shall wilfully print or cause to be printed any official ballot
in any form other than that prescribed by such county board or
with any other names or printing, or with the names spelled
otherwise than as directed by them or the names or printing
thereon arranged in any other way than that authorized and
directed by this act, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not less than [six (6) months]
one (1) year nor more than [five (5)] ten (10) years, or both,
in the discretion of the court.
Section 1816. Unlawful Possession of Ballots; Counterfeiting
Ballots.--Any person other than an officer charged by law with
the care of ballots, or a person entrusted by any such officer
with the care of the same for a purpose required by law, who
shall have in his possession outside the polling place any
official ballot, or any person who shall make or have in his
possession any counterfeit of an official ballot, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
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exceeding [five thousand ($5,000)] ten thousand ($10,000)
dollars, or to undergo an imprisonment of not more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1817. Forging and Destroying Ballots.--Any person
who shall forge or falsely make the official endorsement on any
ballot or wilfully destroy or deface any ballot or wilfully
delay the delivery of any ballots shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1818. Tampering with Voting Machines.--Any election
officer or other person who shall unlawfully open or who shall
tamper with or injure or attempt to injure any voting machine to
be used or being used at any primary or election, or who shall
prevent or attempt to prevent the correct operation of such
machine, or any unauthorized person who shall make or have in
his possession a key to a voting machine to be used or being
used in any primary or election, shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1819. Destroying, Defacing or Removing Notices, Et
Cetera.--Any person who shall, prior to any primary or election,
wilfully deface, remove or destroy any notice or list of
candidates posted in accordance with the provisions of this act,
or who, during any primary or election, shall wilfully deface,
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tear down, remove or destroy any card of instructions, notice of
penalties, specimen ballot or diagram printed or posted for the
instruction of electors, or who shall, during any primary or
election, wilfully remove or destroy any of the supplies or
conveniences furnished by the county board of elections to any
polling place in order to enable electors to vote, or the
election officers to perform their duties, or who shall wilfully
hinder the voting of others, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one hundred ($100)] two hundred ($200) dollars,
or to undergo an imprisonment of not more than [three (3)] six
(6) months, or both, in the discretion of the court.
Section 1820. Police Officers at Polling Places.--Any police
officer in commission, whether in uniform or in citizen's
clothes, who shall be within one hundred (100) feet of a polling
place during the conduct of any primary or election, except in
the exercise of his privilege of voting or for the purpose of
serving warrants, or in accordance with the provisions of the
exception set forth in section 1207 of this act where the police
station or headquarters is located in the same building or on
the premises where the polling place is located or unless called
upon to preserve the peace, as provided by this act, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1821. Peace Officer; Failure to Quell Disturbances
at Polls; Hindering or Delaying Election Officers and Others.--
Any mayor, chief burgess, sheriff, deputy sheriff, constable,
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deputy constable, police officer or other peace officer who
shall neglect or refuse to clear an avenue to the door of any
polling place which is obstructed in such a way as to prevent
electors from approaching, or who shall neglect or refuse to
maintain order and quell any disturbance if such arises at any
polling place upon the day of any primary or election, when
called upon so to do by any election officer or any three
qualified electors of the election district, or who shall
wilfully hinder or delay, or attempt to hinder or delay, any
judge, inspector or clerk of election, machine inspector or
overseer in the performance of any duty under this act, shall be
guilty of a misdemeanor in office, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment of not more than [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1823. Election Officers Permitting Unregistered
Electors to Vote; Challenges; Refusing to Permit Qualified
Electors to Vote.--Any judge or inspector of election who
permits any person to vote at any primary or election who is not
registered in accordance with law, except a person in actual
military service or a person as to whom a court of competent
jurisdiction has ordered that he shall be permitted to vote, or
who permits any registered elector to vote knowing that such
registered elector is not qualified to vote, whether or not such
person has been challenged, or who permits any person who has
been lawfully challenged to vote at any primary or election
without requiring the proof of the right of such person to vote
which is required by law, or who refuses to permit any duly
registered and qualified elector to vote at any primary or
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election, with the knowledge that such elector is entitled to
vote, shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, and to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both.
Section 1824. Election Officers Refusing to Permit Elector
to Vote in Proper Party at Primaries.--Any judge, inspector or
clerk of election who refuses to permit an elector at any
primary at which ballots are used to receive the ballot of the
party with which he is enrolled, or who gives to any such
elector the ballot of any party in which he is not enrolled, or
any judge, or inspector of election, or machine inspector who,
at any primary at which voting machines are used, adjusts any
voting machine about to be used by an elector so as not to
permit him to vote for the candidates of the party in which he
is enrolled, or so as to permit him to vote for the candidates
of any party in which he is not enrolled, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1825. Frauds by Election Officers.--Any judge,
inspector or clerk of election or machine inspector who shall be
guilty of any wilful fraud in the conduct of his duties at a
primary or election, and any person who shall make a false
return of the votes cast at any primary or election, or who
shall deposit fraudulent ballots in the ballot box or certify as
correct a return of ballots in the ballot box which he knows to
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be fraudulent, or who shall register fraudulent votes upon any
voting machine or certify as correct a return of votes cast upon
any voting machine which he knows to be fraudulently registered
thereon, or who shall make any false entries in the district
register, or who shall fail to insert in the voting check list
the voter's certificate of any elector actually voting at any
primary or election, or who shall fail to record voting
information as required herein, or who shall fail to insert in
the numbered lists of voters the name of any person actually
voting, or who shall wilfully destroy or alter any ballot,
voter's certificate, or registration card contained in any
district register, or who shall wilfully tamper with any voting
machine, or who shall prepare or insert in the voting check list
any false voter's certificates not prepared by or for an elector
actually voting at such primary or election, for the purpose of
concealing the destruction or removal of any voter's
certificate, or for the purpose of concealing the deposit of
fraudulent ballots in the ballot box, or the registering of
fraudulent votes upon any voting machine or of aiding in the
perpetration of any such fraud, or who shall fail to return to
the county board of election following any primary or election
any keys of a voting machine, ballot box, general or duplicate
return sheet, tally paper, oaths of election officers,
affidavits of electors and others, record of assisted voters,
numbered list of voters, district register, voting check list,
unused, spoiled and cancelled ballots, ballots deposited,
written or affixed in or upon a voting machine, or any
certificate, or any other paper or record required to be
returned under the provisions of this act; or who shall conspire
with others to commit any of the offenses herein mentioned, or
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in any manner to prevent a free and fair primary or election,
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1826. Prying into Ballots.--Any judge, inspector or
clerk of election, or other person, who, before any ballot is
deposited in the ballot box as provided by this act, shall
unfold, open or pry into any such ballot, with the intent to
discover the manner in which the same has been marked, shall be
guilty of a misdemeanor, and upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five hundred ($500)] one
thousand ($1,000) dollars, or to undergo an imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1827. Interference with Primaries and Elections;
Frauds; Conspiracy.--If any person shall prevent or attempt to
prevent any election officers from holding any primary or
election, under the provisions of this act, or shall use or
threaten any violence to any such officer; or shall interrupt or
improperly interfere with him in the execution of his duty; or
shall block up or attempt to block up the avenue to the door of
any polling place; or shall use or practice any intimidation,
threats, force or violence with design to influence unduly or
overawe any elector, or to prevent him from voting or restrain
his freedom of choice; or shall prepare or present to any
election officer a fraudulent voter's certificate not signed in
the polling place by the elector whose certificate it purports
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to be; or shall deposit fraudulent ballots in the ballot box; or
shall register fraudulent votes upon any voting machine; or
shall tamper with any district register, voting check list,
numbered lists of voters, ballot box or voting machine; or shall
conspire with others to commit any of the offenses herein
mentioned, or in any manner to prevent a free and fair primary
or election, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000)] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
Section 1828. Persons Interfering in Other Districts.--Any
person who shall on the day of any primary or election visit any
polling place at which he is not entitled to vote and at which
he is not entitled to be present under any provision of this
act, and shall use any intimidation or violence for the purpose
of preventing any election officer from performing the duties
required of him by this act, or for the purpose of preventing
any qualified elector from exercising his right to vote or from
exercising his right to challenge any person offering to vote,
or for the purpose of influencing the vote of any elector, he
shall be guilty of a felony of the third degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1829. Assault and Battery at Polls.--Any person who
shall unlawfully strike, wound or commit an assault and battery
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upon the person of any elector at or near the polling place
during the time of any primary or election shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1830. Unlawful Assistance in Voting.--Any elector at
any primary or election who shall allow his ballot or the face
of the voting machine voted by him to be seen by any person with
the apparent intention of letting it be known how he is about to
vote; or in districts in which ballots are used, shall cast or
attempt to cast any other than the official ballot which has
been given to him by the proper election officer; or who,
without having made the declaration under oath or affirmation
required by section 1218 of this act, or when the disability
which he declared before any registration commission no longer
exists, shall permit another to accompany him into the voting
compartment or voting machine booth, or to mark his ballot or
prepare the voting machine for voting by him; or who shall mark
his ballot or prepare the voting machine for voting while
another is unlawfully present in the voting machine compartment
or voting machine booth with him; or who shall state falsely to
any election officer that because of illiteracy he is unable to
read the names on the ballot or ballot labels or that by reason
of physical disability he cannot see or mark the ballot or enter
the voting compartment without assistance or that he cannot see
or operate the voting machine or enter the voting machine booth
without assistance; or who shall state, as his reason for
requiring assistance, a disability from which he does not
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suffer; or any person who shall go into the voting compartment
or voting machine booth with another while voting or be present
therein while another is voting, or mark the ballot of another
or prepare the voting machine for voting with another, except in
strict accordance with the provisions of this act; or any person
who shall interfere with any elector when inside the enclosed
space or when marking his ballot, or preparing the voting
machine for voting, or who shall endeavor to induce any elector
before depositing his ballot to show how he marks or has marked
his ballot; or any person giving assistance who shall attempt to
influence the vote of the elector whom he is assisting or who
shall mark a ballot or prepare a voting machine for voting in
any other way than that requested by the voter whom he is
assisting, or who shall disclose to anyone the contents of any
ballot which has been marked or any voting machine which has
been prepared for voting with his assistance, except when
required to do so in any legal proceeding, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1831. Election Officers Permitting Unlawful
Assistance.--Any election officer who shall permit a voter to be
accompanied by another into the voting compartment or voting
machine booth when the registration card of such person contains
no declaration that such person requires assistance, or when
such person has not made, under oath or affirmation, the
statement required by section 1218 of this act, or when such
election officer knows that the disability which the elector
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declared before any registration commission no longer exists, or
who shall permit any person to accompany an elector into the
voting compartment or voting machine booth, except as provided
by this act, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1832. Failure to Keep and Return Record of Assisted
Voters.--Any judge of election who shall fail to record, as
required by section 1218 (c) of this act, the name of each
elector who received assistance or who is accompanied by another
into the voting compartment or voting machine booth; or who
shall insert in the record of assisted voters the name of any
elector who does not receive assistance or is not accompanied by
another into the voting compartment or voting machine booth; or
who shall fail to record the exact disability of any assisted
elector which makes the assistance necessary, or shall record in
respect of any assisted elector a disability, other than that
stated by the elector; or who shall fail to record the name of
each person rendering assistance to an elector as prescribed by
this act; or who shall knowingly record as the name of such
person giving assistance a name which is not the name of such
person; or who shall fail or neglect to return the record of
assisted voters to the county board of elections as required by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not less than [two (2)] four (4) months nor
more than [two (2)] four (4) years, or both, in the discretion
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of the court.
Section 1833. Unlawful Voting.--Any person who votes or
attempts to vote at any primary or election, knowing that he
does not possess all the qualifications of an elector at such
primary or election, as set forth in this act, shall be guilty
of a misdemeanor of the first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ten
thousand ($10,000)] twenty thousand ($20,000) dollars, or to
undergo an imprisonment of not more than [five (5)] ten (10)
years, or both, in the discretion of the court.
Section 1834. Elector Voting Ballot of Wrong Party at
Primary.--Any elector who shall wilfully vote at any primary the
ballot of a party in which he is not enrolled, in violation of
the provisions of this act, shall be guilty of a misdemeanor of
the second degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five thousand ($5,000)]
ten thousand ($10,000) dollars, or to undergo an imprisonment of
not more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1835. Repeat Voting at Elections.--If any person
shall vote in more than one election district, or otherwise
fraudulently vote more than once at the same primary or
election, or shall vote a ballot other than the ballot issued to
him by the election officers, or shall advise or procure another
so to do, he shall be guilty of a felony of the third degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000)] thirty thousand
($30,000) dollars, or to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both, in the discretion
of the court.
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Section 1836. Removing Ballots.--Any person removing any
ballot from any book of official ballots, except in the manner
provided by this act, shall be guilty of a misdemeanor of the
second degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [five thousand ($5,000)] ten
thousand ($10,000) dollars, or to undergo an imprisonment of not
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1837. Commissioners to Take Soldiers' Votes.--Any
commissioner appointed by or under the provisions of Article
XIII of this act who shall knowingly violate his duty or
knowingly omit or fail to do his duty thereunder or violate any
part of his oath, shall be guilty of perjury, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1838. Fraudulent Voting by Soldiers.--Any person who
shall vote or attempt to vote at any election by electors in
military service under the provisions of Article XIII of this
act, not being qualified to vote at such election, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1839. Bribery at Elections.--Any person who shall,
directly or indirectly, give or promise or offer to give any
gift or reward in money, goods or other valuable thing to any
person, with intent to induce him to vote or refrain from voting
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for any particular candidate or candidates or for or against any
constitutional amendment or other question at any primary or
election; or who shall, directly or indirectly, procure for or
offer or promise to procure for such person any such gift or
reward with the intent aforesaid; or, who with the intent to
influence or intimidate such person to give his vote or to
refrain from giving his vote for any particular candidate or
candidates or for or against any constitutional amendment or
other question at any primary or election, shall give to or
obtain for or assist in obtaining for or offer or promise to
give to or obtain for or assist in obtaining for such person any
office, place, appointment or employment, public or private, or
threaten such person with dismissal or discharge from any
office, place, appointment or employment, public or private,
then held by him, shall be guilty of a felony of the third
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [fifteen thousand ($15,000)] thirty
thousand ($30,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
discretion of the court.
Section 1840. Receipts and Disbursements of Primary and
Election Expenses by Persons Other Than Candidates and
Treasurers.--Any member of a political committee who shall
receive or disburse any money or incur any liability for primary
or election expenses, except through the treasurer of such
political committee, and any person not a candidate or member of
a political committee who shall receive or disburse any money or
incur any liability for primary or election expenses, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
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two thousand ($2,000) dollars, or to undergo an imprisonment of
not less than [one (1) month] two (2) months nor more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1841. Receipts of Primary and Election Expenses by
Unauthorized Persons.--Any person or any political committee who
receives money on behalf of any candidate without being
authorized to do so under the provisions of section 1623, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [five thousand dollars
($5,000)] ten thousand dollars ($10,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1843. Contributions by Corporations or
Unincorporated Associations.--Any corporation or unincorporated
association, which shall pay, give or lend or agree to pay, give
or lend any money belonging to such corporation or
unincorporated association or in its custody or control, in
violation of the provisions of section 1633, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine of not less than [one thousand dollars ($1,000)]
two thousand dollars ($2,000) nor more than [ten thousand
dollars ($10,000)] twenty thousand dollars ($20,000). Any
director, officer, agent or employe of any corporation or
unincorporated association who shall on behalf of such
corporation or unincorporated association pay, give or lend or
authorize to be paid, given or lent any money belonging to such
corporation or unincorporated association or in its custody or
control in violation of the provisions of section 1633, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
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sentenced to pay a fine not exceeding [ten thousand dollars
($10,000)] twenty thousand dollars ($20,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1845. Failure to File Expense Account.--Any
candidate or treasurer of a political committee or person acting
as such treasurer who shall fail to file an account of primary
or election expenses, as required by this act, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five thousand dollars
($5,000)] ten thousand dollars ($10,000), or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1847. Prohibiting Duress and Intimidation of Voters
and Interference with the Free Exercise of the Elective
Franchise.--Any person or corporation who, directly or
indirectly--(a) uses or threatens to use any force, violence or
restraint, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices
intimidation or coercion upon or against any person, in order to
induce or compel such person to vote or refrain from voting at
any election, or to vote or refrain from voting for or against
any particular person, or for or against any question submitted
to voters at such election, or to place or cause to be placed or
refrain from placing or causing to be placed his name upon a
register of voters, or on account of such person having voted or
refrained from voting at such election, or having voted or
refrained from voting for or against any particular person or
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persons or for or against any question submitted to voters at
such election, or having registered or refrained from
registering as a voter; or (b) by abduction, duress or coercion,
or any forcible or fraudulent device or contrivance, whatever,
impedes, prevents, or otherwise interferes with the free
exercise of the elective franchise by any voter, or compels,
induces, or prevails upon any voter to give or refrain from
giving his vote for or against any particular person at any
election; or (c) being an employer, pays his employes the salary
or wages due in "pay envelopes" upon which or in which there is
written or printed any political motto, device, statement or
argument containing threats, express or implied, intended or
calculated to influence the political opinions or actions of
such employes, or within ninety days of any election or primary
puts or otherwise exhibits in the establishment or place where
his employes are engaged in labor, any handbill or placard
containing any threat, notice, or information that if any
particular ticket or candidate is elected or defeated work in
his place or establishment will cease, in whole or in part, his
establishment be closed up, or the wages of his employes
reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his
employes, shall be guilty of a misdemeanor of the second degree.
Any person or corporation, convicted of a violation of any of
the provisions of this section, shall be sentenced to pay a fine
not exceeding [five thousand ($5,000)] ten thousand ($10,000)
dollars, or such person or the officers, directors or agents of
such corporation responsible for the violation of this section,
shall be sentenced to undergo an imprisonment of not more than
[two (2)] four (4) years, or both, in the discretion of the
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court.
Section 1848. Failure to Perform Duty.--Any Secretary of the
Commonwealth, member of a county board of elections, chief
clerk, employe, overseer, judge of election, inspector of
election, clerk of election, machine inspector or custodian or
deputy custodian of voting machines on whom a duty is laid by
this act who shall wilfully neglect or refuse to perform his
duty, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1849. Hindering or Delaying Performance of Duty.--
Any person who intentionally interferes with, hinders or delays
or attempts to interfere with, hinder or delay any other person
in the performance of any act or duty authorized or imposed by
this act, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [five
hundred ($500)] one thousand ($1,000) dollars, or to undergo an
imprisonment of not more than [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1850. Violation of Any Provision of Act.--Any person
who shall violate any of the provisions of this act, for which a
penalty is not herein specifically provided, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 30. Section 1853 of the act, amended March 27, 2020
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(P.L.41, No.12), is amended to read:
Section 1853. Violations of Provisions Relating to Absentee
and Mail-in Ballots.--If any person shall sign an application
for absentee ballot, mail-in ballot or declaration of elector on
the forms prescribed knowing any matter declared therein to be
false, or shall vote any ballot other than one properly issued
to the person, or vote or attempt to vote more than once in any
election for which an absentee ballot or mail-in ballot shall
have been issued to the person, or shall disclose results of a
pre-canvassing meeting under section 1308(g)(1.1), or shall
violate any other provisions of Article XIII or Article XIII-D
of this act, the person shall be guilty of a misdemeanor of the
third degree, and, upon conviction, shall be sentenced to pay a
fine not exceeding [two thousand five hundred dollars ($2,500)]
five thousand dollars ($5,000), or be imprisoned for a term not
exceeding [two (2)] four (4) years, or both, at the discretion
of the court.
If any chief clerk or member of a board of elections, member
of a return board or member of a board of registration
commissioners, shall neglect or refuse to perform any of the
duties prescribed by Article XIII or Article XIII-D of this act,
or shall reveal or divulge any of the details of any ballot cast
in accordance with the provisions of Article XIII or Article
XIII-D of this act, or shall disclose results of a pre-
canvassing meeting under section 1308(g)(1.1), or shall count an
absentee ballot or mail-in ballot knowing the same to be
contrary to Article XIII or Article XIII-D, or shall reject an
absentee ballot or mail-in ballot without reason to believe that
the same is contrary to Article XIII or Article XIII-D, or shall
permit an elector to cast the elector's ballot other than a
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provisional ballot at a polling place knowing that there has
been issued to the elector an absentee ballot or mail-in ballot,
the [elector] individual shall be guilty of a felony of the
third degree, and, upon conviction, shall be punished by a fine
not exceeding [fifteen thousand dollars ($15,000)] thirty
thousand dollars ($30,000), or be imprisoned for a term not
exceeding [seven (7)] fourteen (14) years, or both, at the
discretion of the court.
Section 31. The act is amended by adding a section to read:
Section 1855. Unlawful Collection of Ballots.--A person who
willfully collects or returns absentee or mail-in ballots in
violation of this act commits a felony of the third degree and,
upon conviction, shall be punished by a fine not exceeding
thirty thousand dollars ($30,000), or be imprisoned for a term
not exceeding fourteen (14) years, or both, at the discretion of
the court.
Section 32. The act is amended by adding an article to read:
ARTICLE XX
REIMBURSEMENTS AND WITHHOLDING
Section 2001. General Rule.
The following shall apply:
(1) The State Treasurer shall reimburse counties for 50%
of the cost of replacing voting machines, ballot processing
machines or electronic poll books, not more than once every
10 years, except that:
(i) The State Treasurer shall reimburse counties for
50% of the cost of replacing equipment at any time if the
equipment previously used by the county was decertified
by the department.
(ii) The State Treasurer shall reimburse counties
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for 100% of the cost of purchasing ballot processing
machines or electronic poll books within one year after
the effective date of this section.
(2) The State Treasurer shall reimburse counties for
100% of the cost of issuing registration cards required under
section 302(s), within one year of the effective date of this
section.
Section 2002. Withholding.
The State Treasurer shall withhold all reimbursements and
election funding provided for under this act from any county
which is in violation of this act or for which an audit or
recount has identified violations or irregularities in voting,
until the issue has been successfully resolved, as certified by
the Auditor General.
Section 33. The provisions of this act are nonseverable. If
any provision of this act or its application to any person or
circumstance is held invalid, the remaining provisions or
applications of this act are void.
Section 34. This act shall apply to elections held on or
after the effective date of this section.
Section 35. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
Article VII-A of the act.
(2) 25 Pa.C.S. Ch. 13 is repealed.
Section 36. This act shall take effect immediately.
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