Trial Engrossment of Amendment A03074 to House Bill 2044 P.N. 2352, Regular Session 2021-2022

A03074

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2044

Session of

2021

INTRODUCED BY E. NELSON, OWLETT, STRUZZI, GROVE, KAUFFMAN,

ROTHMAN, PICKETT, HAMM, MILLARD, COX, DIAMOND, GLEIM, RADER,

FEE, KEEFER, METCALFE, ROWE, HERSHEY, IRVIN, COOK, GAYDOS,

MERCURI, GREGORY, MAJOR AND TOPPER, NOVEMBER 3, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 3, 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," in the Secretary of the Commonwealth, further

providing for powers and duties of the Secretary of the

Commonwealth; and, in county boards of elections, further

providing for powers and duties of county boards.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 201 and 302 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, are

amended by adding subsections 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:

* * *

(i) To decline to accept Prior to accepting any private

donation or contribution for the purposes of operating

elections, employing staff or selecting and equipping a polling

place or for use in voter education or outreach . , the Secretary

of the Commonwealth shall, subject to a thirty-day public

comment period and prior to acceptance of the private donation

or contribution, transmit notice to the Legislative Reference

Bureau of the following for publication in the Pennsylvania

Bulletin:

(A) The name of the entity providing the donation or

contribution.

(B) The amount of the anticipated donation or contribution.

the donor.

(D) The planned uses of the donation or contribution,

including amounts to be distributed to counties and their

planned uses of the donation or contribution.

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:

* * *

(q) To decline to accept any private donation or

contribution for the purposes of operating elections, employing

staff or selecting and equipping a polling place or for use in

voter education or outreach. The following shall apply:

(1) At least thirty days prior to a vote to accept any

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private donation or contribution for the purposes of operating

elections, employing staff or selecting and equipping a polling

place or for use in voter education or outreach, a county b oard

of elections shall publicly discuss the proposed contribution at

a public meeting subject to 65 Pa.C.S. Ch. 7 (relating to open

meetings) and take residents' comments. Discussion shall include

the following:

(i) The name of the entity providing the donation or

contribution.

(ii) The amount of the anticipated donation or contribution.

(iii) The allowable uses of the donation or contribution by

the donor.

(iv) The planned uses of the donation or contribution.

(2) Following the initial public meeting and public

comments, a county board of elections may vote at a public

meeting to accept the private donation or contribution by a

majority vote.

(3) After final expenses of the private donation or

contribution are calculated, the count y board of elections shall

post on its publicly accessible Internet website the following:

(i) The name of the entity providing the donation or

contribution.

(ii) The amount of the anticipated donation or contribution

received.

(iii) The allowable uses of the donation or contribution by

the donor.

(iv) The actual uses of the donation or contribution.

Section 2. This act shall take effect in 60 days.

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