SENATE AMENDED
PRIOR PRINTER'S NOS. 404, 777, 820 PRINTER'S NO. 3706
No. 382 Session of 1979
INTRODUCED BY MESSRS. SCHWEDER, COLE, KUKOVICH AND COWELL,
FEBRUARY 20, 1979
SENATOR McKINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 24, 1980
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," AUTHORIZING THE JOINING OF WARDS INTO ELECTION <--
12 DISTRICTS, FURTHER PROVIDING FOR THE QUESTION OF USING VOTING
13 MACHINES, PROVIDING FOR ELECTRONIC VOTING SYSTEMS AND further
14 providing for filing of pre-election reports.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 SECTION 1. SECTION 501, ACT OF JUNE 3, 1937 (P.L.1333, <--
18 NO.320), KNOWN AS THE "PENNSYLVANIA ELECTION CODE," REENACTED
19 APRIL 4, 1945 (P.L.143, NO.64), IS AMENDED TO READ:
20 SECTION 501. TOWNSHIPS, BOROUGHS AND WARDS TO CONSTITUTE
21 ELECTION DISTRICTS.--EACH BOROUGH AND TOWNSHIP, NOT DIVIDED INTO
22 WARDS, AND EACH WARD OF EVERY CITY, BOROUGH AND TOWNSHIP NOW
23 EXISTING OR HEREAFTER CREATED, SHALL CONSTITUTE A SEPARATE
1 ELECTION DISTRICT, UNLESS DIVIDED INTO TWO OR MORE ELECTION
2 DISTRICTS OR FORMED INTO ONE ELECTION DISTRICT, AS HEREINAFTER
3 PROVIDED.
4 SECTION 2. SECTION 502 OF THE ACT, AMENDED JULY 1, 1976
5 (P.L.523, NO.124), IS AMENDED TO READ:
6 SECTION 502. COURT TO CREATE NEW ELECTION DISTRICTS.--
7 SUBJECT TO THE PROVISIONS OF SECTION 501 OF THIS ACT, THE COURT
8 OF COMMON PLEAS OF THE COUNTY IN WHICH THE SAME ARE LOCATED, MAY
9 FORM OR CREATE NEW ELECTION DISTRICTS BY DIVIDING OR REDIVIDING
10 ANY BOROUGH, TOWNSHIP, WARD OR ELECTION DISTRICT INTO TWO OR
11 MORE ELECTION DISTRICTS OF COMPACT AND CONTIGUOUS TERRITORY, OR
12 ALTER THE BOUNDS OF ANY ELECTION DISTRICT, OR FORM AN ELECTION
13 DISTRICT OUT OF TWO OR MORE ADJACENT DISTRICTS OR PARTS OF
14 DISTRICTS, OR CONSOLIDATE ADJOINING ELECTION DISTRICTS OR FORM
15 AN ELECTION DISTRICT OUT OF TWO OR MORE ADJACENT WARDS, SO AS TO
16 SUIT THE CONVENIENCE OF THE ELECTORS AND TO PROMOTE THE PUBLIC
17 INTERESTS. ELECTION DISTRICTS SO FORMED SHALL CONTAIN BETWEEN
18 SIX HUNDRED (600) AND EIGHT HUNDRED (800) REGISTERED ELECTORS AS
19 NEARLY AS MAY BE. NO ELECTION DISTRICT SHALL BE FORMED THAT
20 SHALL CONTAIN LESS THAN ONE HUNDRED (100) REGISTERED ELECTORS.
21 WHEN A SCHOOL DISTRICT CROSSES COUNTY LINES, THE REGIONS OF THE
22 SCHOOL DISTRICT SHALL BE COMPOSED OF CONTIGUOUS ELECTION
23 DISTRICTS.
24 SECTION 3. SUBSECTION (B) OF SECTION 1103 OF THE ACT IS
25 AMENDED TO READ:
26 SECTION 1103. PLACING THE QUESTION ON THE BALLOT; ELECTION
27 THEREON.--
28 * * *
29 (B) THE COUNTY ELECTION BOARD, UPON RECEIPT OF A REQUEST FROM
30 THE COUNCIL OF ANY CITY OR BOROUGH, OR FROM THE COMMISSIONERS OR
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1 SUPERVISORS OF ANY TOWNSHIP, SAID REQUEST BEING EVIDENCED BY THE
2 FILING OF A COPY OF A RESOLUTION CERTIFIED BY THE SECRETARY OR
3 CLERK OF THE COUNCIL, COMMISSIONERS OR SUPERVISORS, OR UPON THE
4 FILING OF A PETITION WITH THEM SIGNED BY QUALIFIED ELECTORS OF
5 THE COUNTY, CITY, BOROUGH OR TOWNSHIP, EQUAL IN NUMBER TO AT
6 LEAST [ONE] TEN PER CENT OF THE TOTAL NUMBER OF ELECTORS WHO
7 VOTED IN SAID COUNTY, CITY, BOROUGH OR TOWNSHIP AT THE PRECEDING
8 GENERAL OR MUNICIPAL ELECTION, BUT IN NO CASE LESS THAN FIFTY,
9 UNLESS THE TOTAL NUMBER OF ELECTORS WHO VOTED THEREIN AT THE
10 PRECEDING GENERAL OR MUNICIPAL ELECTION WAS LESS THAN ONE
11 HUNDRED, IN WHICH CASE ONE-HALF OF THE NUMBER SO VOTING SHALL BE
12 SUFFICIENT, SHALL, AT THE NEXT GENERAL OR MUNICIPAL ELECTION,
13 OCCURRING AT LEAST SIXTY DAYS THEREAFTER, SUBMIT TO THE
14 QUALIFIED ELECTORS OF SUCH COUNTY, CITY, BOROUGH OR TOWNSHIP,
15 THE QUESTION "SHALL VOTING MACHINES BE USED IN THE (COUNTY,
16 CITY, BOROUGH OR TOWNSHIP) OF ...............?"
17 * * *
18 SECTION 4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
19 ARTICLE XI-A
20 ELECTRONIC VOTING SYSTEMS
21 SECTION 1101-A. DEFINITIONS.--AS USED IN THIS ARTICLE:
22 "AUTOMATIC TABULATING EQUIPMENT" MEANS ANY APPARATUS WHICH
23 AUTOMATICALLY EXAMINES AND COMPUTES VOTES REGISTERED ON PAPER
24 BALLOTS, BALLOT CARDS OR DISTRICT TOTALS CARDS OR VOTES
25 REGISTERED ELECTRONICALLY AND WHICH TABULATES SUCH VOTES.
26 "BALLOT" MEANS BALLOT CARDS OR PAPER BALLOTS UPON WHICH A
27 VOTER REGISTERS OR RECORDS HIS VOTE OR THE APPARATUS BY WHICH
28 THE VOTER REGISTERS HIS VOTE ELECTRONICALLY AND SHALL INCLUDE
29 ANY BALLOT ENVELOPE, PAPER OR OTHER MATERIAL ON WHICH A VOTE IS
30 RECORDED FOR PERSONS WHOSE NAMES DO NOT APPEAR ON THE BALLOT
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1 LABELS.
2 "BALLOT CARD" MEANS A CARD WHICH IS COMPATIBLE WITH AUTOMATIC
3 TABULATING EQUIPMENT AND ON WHICH VOTES MAY BE REGISTERED.
4 "BALLOT LABEL" MEANS THE CARDS, PAPERS, BOOKLETS, PAGES OR
5 OTHER MATERIALS WHICH CONTAIN THE NAMES OF OFFICES AND
6 CANDIDATES AND THE STATEMENTS OF QUESTIONS TO BE VOTED ON AND
7 WHICH ARE USED IN CONJUNCTION WITH THE VOTING DEVICE.
8 "COUNTING CENTER" MEANS ONE OR MORE LOCATIONS SELECTED BY THE
9 COUNTY BOARD OF ELECTIONS FOR THE AUTOMATIC TABULATION OF VOTES.
10 "CUSTODIAN" SHALL MEAN THE PERSON CHARGED WITH THE DUTY OF
11 TESTING AND PREPARING VOTING DEVICES AND AUTOMATIC TABULATING
12 EQUIPMENT FOR ELECTIONS AND INSTRUCTING ELECTION OFFICIALS IN
13 THE USE OF SUCH VOTING DEVICES AND EQUIPMENT.
14 "DISTRICT TOTALS CARDS" MEANS A CARD OR OTHER DATA STORAGE
15 DEVICE WHICH IS COMPATIBLE WITH AUTOMATIC TABULATING EQUIPMENT
16 AND MAY BE USED IN ANY VOTING SYSTEM WHICH PROVIDES FOR THE
17 INITIAL COMPUTATION AND TABULATION OF VOTES AT THE DISTRICT
18 LEVEL TO RECORD THE TOTAL NUMBER OF VOTES CAST FOR EACH
19 CANDIDATE WHOSE NAME APPEARS ON THE BALLOT, THE TOTAL NUMBER OF
20 WRITE-IN VOTES PROPERLY CAST FOR EACH OFFICE ON THE BALLOT AND
21 THE TOTAL NUMBER OF VOTES CAST FOR OR AGAINST ANY QUESTION
22 APPEARING ON THE BALLOT.
23 "ELECTION" AND "ELECTIONS" SHALL MEAN ALL GENERAL, MUNICIPAL,
24 PRIMARY AND SPECIAL ELECTIONS.
25 "ELECTRONIC VOTING SYSTEM" MEANS A SYSTEM IN WHICH ONE OR
26 MORE VOTING DEVICES ARE USED TO PERMIT THE REGISTERING OR
27 RECORDING OF VOTES AND IN WHICH SUCH VOTES ARE COMPUTED AND
28 TABULATED BY AUTOMATIC TABULATING EQUIPMENT. THE SYSTEM SHALL
29 PROVIDE FOR A PERMANENT PHYSICAL RECORD OF EACH VOTE CAST.
30 "MUNICIPALITY" MEANS A CITY, BOROUGH, INCORPORATED TOWN AND
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1 TOWNSHIP.
2 "OFFICIAL BALLOT" MEANS THE LIST OF OFFICES AND CANDIDATES
3 AND THE STATEMENT OF QUESTIONS REFLECTED ON THE VOTING DEVICE.
4 "PAPER BALLOT" MEANS A PRINTED PAPER BALLOT WHICH CONFORMS IN
5 LAYOUT AND FORMAT TO THE VOTING DEVICE IN USE.
6 "PUBLIC COUNTER" SHALL MEAN A COUNTER OR OTHER ELEMENT WHICH
7 SHALL AT ALL TIMES PUBLICLY INDICATE HOW MANY BALLOTS HAVE BEEN
8 CAST DURING THE COURSE OF THE ELECTION.
9 "QUESTION" SHALL MEAN THE STATEMENT OF A CONSTITUTIONAL
10 AMENDMENT OR OTHER PROPOSITION WHICH IS SUBMITTED TO A POPULAR
11 VOTE AT ANY ELECTION.
12 "VOTING BOOTH" SHALL MEAN THE ENCLOSURE OCCUPIED BY THE VOTER
13 WHEN VOTING.
14 "VOTING DEVICE" MEANS EITHER AN APPARATUS IN WHICH PAPER
15 BALLOTS OR BALLOT CARDS ARE USED IN CONNECTION WITH AN IMPLEMENT
16 BY WHICH A VOTER REGISTERS HIS VOTES WITH INK OR OTHER SUBSTANCE
17 OR BY PUNCHING, OR AN APPARATUS BY WHICH SUCH VOTES ARE
18 REGISTERED ELECTRONICALLY, SO THAT IN EITHER CASE THE VOTES SO
19 REGISTERED MAY BE COMPUTED AND TABULATED BY MEANS OF AUTOMATIC
20 TABULATING EQUIPMENT.
21 SECTION 1102-A. AUTHORIZATION OF ELECTRONIC VOTING SYSTEMS
22 FOR USE AT POLLING PLACES.--ANY COUNTY OR MUNICIPALITY MAY, BY A
23 MAJORITY VOTE OF ITS QUALIFIED REGISTERED ELECTORS VOTING
24 THEREON CAST AT ANY PRIMARY OR ELECTION, AUTHORIZE AND DIRECT
25 THE USE OF AN ELECTRONIC VOTING SYSTEM FOR REGISTERING OR
26 RECORDING AND COMPUTING THE VOTE AT ALL ELECTIONS AND PRIMARIES
27 HELD AT POLLING PLACES IN SUCH COUNTY OR MUNICIPALITY.
28 SECTION 1103-A. PLACING THE QUESTION ON THE BALLOT; ELECTION
29 THEREON.--(A) THE COUNTY ELECTION BOARD MAY, UPON THEIR OWN
30 MOTION, SUBMIT TO THE QUALIFIED REGISTERED ELECTORS OF THE
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1 COUNTY OR MUNICIPALITY, AT ANY PRIMARY OR ELECTION, THE QUESTION
2 "SHALL AN ELECTRONIC VOTING SYSTEM BE USED AT POLLING PLACES IN
3 THE (COUNTY OR MUNICIPALITY) OF ....................?"
4 (B) THE COUNTY ELECTION BOARD, UPON RECEIPT OF A REQUEST
5 FROM THE GOVERNING BODY OF A MUNICIPALITY, SAID REQUEST BEING
6 EVIDENCED BY THE FILING OF A COPY OF A RESOLUTION CERTIFIED BY
7 THE SECRETARY OR CLERK OF THE MUNICIPALITY, OR UPON THE FILING
8 OF A PETITION WITH THEM SIGNED BY QUALIFIED REGISTERED ELECTORS
9 OF THE COUNTY OR MUNICIPALITY, EQUAL IN NUMBER TO AT LEAST TEN
10 (10) PER CENTUM OF THE TOTAL NUMBER OF ELECTORS WHO VOTED IN
11 SAID COUNTY OR MUNICIPALITY, AT THE PRECEDING GENERAL OR
12 MUNICIPAL ELECTION, BUT IN NO CASE LESS THAN FIFTY, SHALL, AT
13 THE NEXT PRIMARY OR ELECTION, OCCURRING AT LEAST SIXTY DAYS
14 THEREAFTER, SUBMIT TO THE QUALIFIED REGISTERED ELECTORS OF SUCH
15 COUNTY OR MUNICIPALITY, THE QUESTION "SHALL AN ELECTRONIC VOTING
16 SYSTEM BE USED AT POLLING PLACES IN THE (COUNTY OR MUNICIPALITY)
17 OF ....................?"
18 (C) THE COUNTY BOARD SHALL CAUSE THE SAID QUESTION TO BE
19 SUBMITTED AT THE PRIMARY OR ELECTION, IN ACCORDANCE WITH THE
20 PROVISIONS OF THIS ACT RELATING TO ELECTIONS.
21 (D) THE ELECTION ON SAID QUESTION SHALL BE HELD AT THE
22 PLACES, DURING THE HOURS, AND UNDER THE REGULATIONS, PROVIDED BY
23 LAW FOR HOLDING PRIMARIES AND ELECTIONS, AND SHALL BE CONDUCTED
24 BY THE ELECTION OFFICERS PROVIDED BY LAW TO CONDUCT SUCH
25 ELECTIONS. THE ELECTION OFFICERS SHALL COUNT THE VOTES CAST AT
26 THE ELECTIONS ON SAID QUESTION, AND SHALL MAKE RETURN THEREOF TO
27 THE COUNTY ELECTION BOARD OF THE COUNTY, AS REQUIRED BY LAW.
28 SAID RETURNS SHALL BE COMPUTED BY THE COUNTY ELECTION BOARD, OR
29 OTHER RETURN BOARD, AND, WHEN SO COMPUTED, A CERTIFICATE OF THE
30 TOTAL NUMBER OF ELECTORS VOTING "YES" AND OF THE TOTAL NUMBER OF
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1 ELECTORS VOTING "NO" ON SUCH QUESTION SHALL BE FILED IN THE
2 OFFICE OF THE COUNTY ELECTION BOARD, AND COPIES THEREOF,
3 CERTIFIED BY THE COUNTY ELECTION BOARD, SHALL FORTHWITH BE
4 FURNISHED TO THE SECRETARY OF THE COMMONWEALTH, AND TO THE
5 COUNTY COMMISSIONERS OR OTHER APPROPRIATING AUTHORITY OF THE
6 COUNTY OR MUNICIPALITY.
7 (E) IF A MAJORITY OF THE ELECTORS OF ANY COUNTY OR
8 MUNICIPALITY, VOTING ON SUCH QUESTION, SHALL VOTE AGAINST THE
9 ADOPTION OF AN ELECTRONIC VOTING SYSTEM THE QUESTION SHALL NOT
10 AGAIN BE SUBMITTED TO THE VOTERS OF SUCH COUNTY OR MUNICIPALITY
11 WITHIN A PERIOD OF ONE HUNDRED THREE WEEKS.
12 (F) WHENEVER, UNDER THE PROVISIONS OF THIS ACT, THE QUESTION
13 OF THE ADOPTION OF AN ELECTRONIC VOTING SYSTEM IS TO BE
14 SUBMITTED TO THE ELECTORS OF ANY COUNTY, THE COUNTY BOARD OF
15 ELECTIONS SHALL PURCHASE, LEASE OR OTHERWISE PROCURE THOSE PARTS
16 OF THE SYSTEM USED BY THE VOTER IN A QUANTITY SUFFICIENT FOR
17 REASONABLE DEMONSTRATION OF THE SYSTEM OR SYSTEMS IN SUCH COUNTY
18 PRIOR TO THE GENERAL OR MUNICIPAL ELECTION IN QUESTION.
19 SECTION 1104-A. INSTALLATION OF ELECTRONIC VOTING SYSTEMS.--
20 (A) IF A MAJORITY OF THE QUALIFIED REGISTERED ELECTORS VOTING
21 ON THE QUESTION IN ANY COUNTY OR MUNICIPALITY VOTE IN FAVOR OF
22 THE ADOPTION OF AN ELECTRONIC VOTING SYSTEM, THE COUNTY BOARD OF
23 ELECTIONS OF THAT COUNTY SHALL PURCHASE, LEASE, OR OTHERWISE
24 PROCURE FOR EACH ELECTION DISTRICT OF SUCH COUNTY OR
25 MUNICIPALITY, THE COMPONENTS OF AN ELECTRONIC VOTING SYSTEM OF A
26 KIND APPROVED, AS HEREINAFTER PROVIDED, BY THE SECRETARY OF THE
27 COMMONWEALTH, AND THE BOARD SHALL THEREAFTER NOTIFY THE
28 SECRETARY OF THE COMMONWEALTH, IN WRITING, THAT THEY HAVE DONE
29 SO.
30 (B) THE INSTALLATION THROUGHOUT THE COUNTY OR MUNICIPALITY
19790H0382B3706 - 7 -
1 OF THE ELECTRONIC VOTING SYSTEM ADOPTED BY THE COUNTY BOARD OF
2 ELECTIONS MAY BE ACCOMPLISHED EITHER SIMULTANEOUSLY IN ALL
3 ELECTION DISTRICTS OR IN STAGES AT THE DISCRETION OF THE COUNTY
4 BOARD, AND THE MANNER OF IMPLEMENTATION AS AMONG ELECTION
5 DISTRICTS SHALL ALSO BE AT THE DISCRETION OF THE COUNTY BOARD;
6 PROVIDED, HOWEVER, THAT THE ELECTRONIC VOTING SYSTEM ADOPTED BY
7 THE COUNTY BOARD SHALL BE FULLY IMPLEMENTED THROUGHOUT THE
8 COUNTY OR MUNICIPALITY WITHIN ONE HUNDRED AND THREE WEEKS AFTER
9 THE APPROVAL OF THE ADOPTION OF AN ELECTRONIC VOTING SYSTEM BY
10 THE ELECTORS OF THE COUNTY OR MUNICIPALITY. UPON THE
11 INSTALLATION OF AN ELECTRONIC VOTING SYSTEM IN ANY ELECTION
12 DISTRICT, THE USE THEREIN OF PAPER BALLOTS AND OF VOTING
13 MACHINES SHALL BE DISCONTINUED, EXCEPT AS OTHERWISE PROVIDED
14 HEREIN.
15 (C) IF THE QUESTION HEREINBEFORE PROVIDED SHALL HAVE BEEN
16 SUBMITTED TO THE QUALIFIED REGISTERED ELECTORS OF THE COUNTY OR
17 MUNICIPALITY AND THE MAJORITY OF THE ELECTORS VOTING THEREON
18 SHALL HAVE VOTED FAVORABLY THEREON, AND IF THE COUNTY BOARD OF
19 ELECTIONS SHALL NOT, WITHIN ONE YEAR AFTER SUCH VOTE, HAVE
20 EXECUTED A CONTRACT OR CONTRACTS PROVIDING FOR THE PURCHASE,
21 LEASE OR OTHER PROCUREMENT OF AN ELECTRONIC VOTING SYSTEM FOR
22 USE AT THE GENERAL, MUNICIPAL, PRIMARY OR SPECIAL ELECTION
23 OCCURRING AT LEAST ONE YEAR AND SIXTY DAYS AFTER SUCH VOTE, THEN
24 THE SECRETARY OF THE COMMONWEALTH SHALL FORTHWITH IN WRITING,
25 NOTIFY THE SAID COUNTY BOARD OF ELECTIONS THAT, AFTER THE
26 EXPIRATION OF THIRTY DAYS, HE, UNDER THE AUTHORITY OF THIS ACT,
27 WILL AWARD, MAKE AND EXECUTE SUCH CONTRACT OR CONTRACTS ON
28 BEHALF OF THE SAID COUNTY, UNLESS THE SAID COUNTY BOARD OF
29 ELECTIONS SHALL MAKE AND EXECUTE THE SAME PRIOR TO THE
30 EXPIRATION OF THAT PERIOD AND SHALL NOTIFY HIM, IN WRITING, THAT
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1 THEY HAVE DONE SO.
2 (D) IF, UPON THE EXPIRATION OF SAID THIRTY DAYS, THE COUNTY
3 BOARD OF ELECTIONS STILL SHALL NOT HAVE MADE AND EXECUTED A
4 CONTRACT OR CONTRACTS PROVIDING FOR THE PURCHASE, LEASE OR OTHER
5 PROCUREMENT OF AN ELECTRONIC VOTING SYSTEM AS AFORESAID, THE
6 SECRETARY OF THE COMMONWEALTH, ON BEHALF OF THE SAID COUNTY AND
7 UPON THE APPROVAL OF THE ATTORNEY GENERAL AS TO FORM, SHALL
8 THEREUPON AWARD, MAKE AND EXECUTE A CONTRACT OR CONTRACTS FOR
9 THE PURCHASE, LEASE OR OTHER PROCUREMENT OF AN ELECTRONIC VOTING
10 SYSTEM, APPROVED AS REQUIRED BY THIS ACT, FOR EACH ELECTION
11 DISTRICT WITHIN SUCH COUNTY OR MUNICIPALITY, AND THE COST OF
12 SUCH SYSTEM, INCLUDING THE PREPARATION AND PRINTING OF
13 SPECIFICATIONS AND ALL OTHER NECESSARY EXPENSES INCIDENTAL
14 THERETO, SHALL BE THE DEBT OF THE SAID COUNTY, AND UPON THE
15 CERTIFICATE OF THE SECRETARY OF THE COMMONWEALTH, IT SHALL BE
16 THE DUTY OF THE CONTROLLER, IF ANY, TO ALLOW, AND OF THE
17 TREASURER OF THE COUNTY TO PAY, THE SUM OUT OF ANY APPROPRIATION
18 AVAILABLE THEREFORE OR OUT OF THE FIRST UNAPPROPRIATED MONEYS
19 THAT COME INTO THE TREASURY OF THE COUNTY. IF THE SECRETARY OF
20 THE COMMONWEALTH SHALL FIND IT IMPRACTICABLE TO PROCURE AN
21 ELECTRONIC VOTING SYSTEM FOR INSTALLATION IN EACH ELECTION
22 DISTRICT OF THE COUNTY OR MUNICIPALITY FOR USE AT THE ELECTION
23 THEN NEXT ENSUING, HE SHALL PROVIDE FOR THE INSTALLATION OF SUCH
24 A SYSTEM IN AS MANY ELECTION DISTRICTS OF THE COUNTY OR
25 MUNICIPALITY AS SHALL BE PRACTICABLE AND, AS SOON THEREAFTER AS
26 PRACTICABLE, SHALL PROVIDE FOR THE INSTALLATION OF SUCH SYSTEM
27 IN THE REMAINDER OF THE ELECTION DISTRICTS OF THE COUNTY OR
28 MUNICIPALITY.
29 (E) ANY COUNTY OR MUNICIPALITY MAY, BY A MAJORITY VOTE OF
30 ITS QUALIFIED REGISTERED ELECTORS CAST AT ANY GENERAL OR
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1 MUNICIPAL ELECTION HELD NOT EARLIER THAN ONE HUNDRED AND THREE
2 WEEKS AFTER THEY HAVE VOTED TO ADOPT AN ELECTRONIC VOTING
3 SYSTEM, DIRECT THE DISCONTINUANCE OF THE USE OF SUCH A SYSTEM AT
4 ALL ELECTIONS HELD IN SUCH COUNTY OR MUNICIPALITY. UPON THE
5 RECEIPT BY THE COUNTY BOARD OF ELECTIONS OF A PETITION SIGNED BY
6 QUALIFIED REGISTERED ELECTORS OF THE COUNTY OR MUNICIPALITY
7 EQUAL IN NUMBER TO AT LEAST TEN (10) PER CENTUM OF THE TOTAL
8 NUMBER OF ELECTORS WHO VOTED IN SAID COUNTY OR MUNICIPALITY AT
9 THE LAST PRECEDING GENERAL OR MUNICIPAL ELECTION, THE QUESTION
10 FOR THE DISCONTINUANCE OF THE USE OF SUCH AN ELECTRONIC VOTING
11 SYSTEM SHALL BE SUBMITTED TO THE QUALIFIED REGISTERED ELECTORS
12 OF THAT COUNTY OR MUNICIPALITY, SUBJECT TO THE SAME REQUIREMENTS
13 AS TO THE CONDUCT OF THE ELECTION AS IS REQUIRED FOR THE
14 SUBMISSION OF THE QUESTION ON THE AUTHORIZATION OF THE USE OF AN
15 ELECTRONIC VOTING SYSTEM. THE QUESTION AS TO THE DISCONTINUANCE
16 OF THE USE OF AN ELECTRONIC VOTING SYSTEM SHALL BE SUBMITTED IN
17 THE FOLLOWING FORM: "SHALL THE USE OF AN ELECTRONIC VOTING
18 SYSTEM BE CONTINUED IN THE (COUNTY OR MUNICIPALITY) OF
19 ...........?"
20 SECTION 1105-A. EXAMINATION AND APPROVAL OF ELECTRONIC
21 VOTING SYSTEMS BY THE SECRETARY OF THE COMMONWEALTH.--(A) ANY
22 PERSON OR CORPORATION OWNING, MANUFACTURING OR SELLING, OR BEING
23 INTERESTED IN THE MANUFACTURE OR SALE OF, ANY ELECTRONIC VOTING
24 SYSTEM, MAY REQUEST THE SECRETARY OF THE COMMONWEALTH TO EXAMINE
25 SUCH SYSTEM. ANY TEN OR MORE PERSONS, BEING QUALIFIED REGISTERED
26 ELECTORS OF THIS COMMONWEALTH, MAY, AT ANY TIME, REQUEST THE
27 SECRETARY OF THE COMMONWEALTH TO REEXAMINE ANY ELECTRONIC VOTING
28 SYSTEM THERETOFORE EXAMINED AND APPROVED BY HIM. BEFORE ANY SUCH
29 EXAMINATION OR REEXAMINATION, THE PERSON, PERSONS, OR
30 CORPORATION, REQUESTING SUCH EXAMINATION OR REEXAMINATION, SHALL
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1 PAY TO THE TREASURER OF THE COMMONWEALTH AN EXAMINATION FEE OF
2 FOUR HUNDRED FIFTY DOLLARS ($450). THE SECRETARY OF THE
3 COMMONWEALTH MAY, AT ANY TIME, IN HIS DISCRETION, REEXAMINE ANY
4 SUCH SYSTEM THEREFORE EXAMINED AND APPROVED BY HIM. THE
5 SECRETARY OF THE COMMONWEALTH MAY ISSUE DIRECTIVES OR
6 INSTRUCTIONS FOR IMPLEMENTATION OF ELECTRONIC VOTING PROCEDURES
7 AND FOR THE OPERATION OF ELECTRONIC VOTING SYSTEMS.
8 (B) UPON RECEIPT OF A REQUEST FOR EXAMINATION OR
9 REEXAMINATION OF AN ELECTRONIC VOTING SYSTEM AS HEREIN PROVIDED
10 FOR OR IN THE EVENT HE DETERMINES TO REEXAMINE ANY SUCH SYSTEM,
11 THE SECRETARY OF THE COMMONWEALTH SHALL REQUIRE SUCH ELECTRONIC
12 VOTING SYSTEM TO BE EXAMINED OR REEXAMINED BY THREE EXAMINERS
13 WHOM HE SHALL APPOINT FOR THAT PURPOSE, OF WHOM ONE SHALL BE AN
14 EXPERT IN PATENT LAW AND THE OTHER TWO SHALL BE EXPERTS IN
15 ELECTRONIC COMPUTER SYSTEMS, AUTOMATIC TABULATING EQUIPMENT OR
16 SUCH OTHER FIELDS AS IN THE JUDGMENT OF THE SECRETARY OF THE
17 COMMONWEALTH SHALL BE REASONABLY RELATED TO THE OPERATION OF THE
18 ELECTRONIC VOTING SYSTEM UNDER EXAMINATION, AND HE SHALL REQUIRE
19 OF THEM A WRITTEN REPORT ON SUCH SYSTEM, ATTESTED BY THEIR
20 SIGNATURES; AND THE SECRETARY OF THE COMMONWEALTH HIMSELF SHALL
21 EXAMINE THE ELECTRONIC VOTING SYSTEM AND SHALL MAKE AND FILE IN
22 HIS OFFICE, TOGETHER WITH THE REPORTS OF THE EXAMINERS APPOINTED
23 BY HIM, HIS OWN REPORT, ATTESTED BY HIS SIGNATURE AND THE SEAL
24 OF HIS OFFICE, STATING WHETHER, IN HIS OPINION AND IN
25 CONSIDERATION OF THE REPORTS OF THE EXAMINERS AFORESAID, THE
26 SYSTEM SO EXAMINED CAN BE SAFELY USED BY VOTERS AT ELECTIONS AS
27 PROVIDED IN THIS ACT AND MEETS ALL OF THE REQUIREMENTS
28 HEREINAFTER SET FORTH. IF HIS REPORT STATES THAT THE SYSTEM CAN
29 BE SO USED AND MEETS ALL SUCH REQUIREMENTS, SUCH SYSTEM SHALL BE
30 DEEMED APPROVED AND MAY BE ADOPTED FOR USE AT ELECTIONS, AS
19790H0382B3706 - 11 -
1 HEREIN PROVIDED. WITH RESPECT TO ANY ELECTRONIC VOTING SYSTEM
2 APPROVED FOR USE IN THIS COMMONWEALTH BY THE SECRETARY, THE
3 REPORT OF THE SECRETARY SHALL SPECIFY THE CAPACITY OF THE
4 COMPONENTS OF THAT SYSTEM, THE NUMBER OF VOTERS WHO MAY
5 REASONABLY BE ACCOMMODATED BY THE VOTING DEVICES AND AUTOMATIC
6 TABULATING EQUIPMENT WHICH COMPRISE SUCH SYSTEM AND THE NUMBER
7 OF ADDITIONAL CLERKS, IF ANY, THAT MAY BE REQUIRED BASED ON THE
8 NUMBER OF REGISTERED ELECTORS IN ANY ELECTION DISTRICT IN WHICH
9 THE VOTING SYSTEM IS TO BE USED, SUCH SPECIFICATIONS BEING BASED
10 UPON THE REPORTS OF THE EXAMINERS AND THE SECRETARY'S OWN
11 EXAMINATION OF THE SYSTEM. ANY COUNTY WHICH THEREAFTER MAY ADOPT
12 ANY SUCH APPROVED SYSTEM SHALL PROVIDE THE COMPONENTS OF SUCH
13 SYSTEM IN A NUMBER NO LESS THAN THAT SUFFICIENT TO ACCOMMODATE
14 THE VOTERS OF THAT COUNTY OR MUNICIPALITY IN ACCORDANCE WITH THE
15 MINIMUM CAPACITY STANDARDS SO PRESCRIBED BY THE SECRETARY.
16 (C) NO ELECTRONIC VOTING SYSTEM NOT SO APPROVED SHALL BE
17 USED AT ANY ELECTION, AND IF, UPON THE REEXAMINATION OF ANY SUCH
18 SYSTEM PREVIOUSLY APPROVED, IT SHALL APPEAR THAT THE SYSTEM SO
19 REEXAMINED CAN NO LONGER BE USED SAFELY BY VOTERS AT ELECTIONS
20 AS PROVIDED IN THIS ACT OR DOES NOT MEET THE REQUIREMENTS
21 HEREINAFTER SET FORTH, THE APPROVAL OF THAT SYSTEM SHALL
22 FORTHWITH BE REVOKED BY THE SECRETARY OF THE COMMONWEALTH, AND
23 THAT SYSTEM SHALL NOT THEREAFTER BE USED OR PURCHASED FOR USE IN
24 THIS COMMONWEALTH.
25 (D) WHEN AN ELECTRONIC VOTING SYSTEM HAS BEEN SO APPROVED,
26 NO IMPROVEMENT OR CHANGE THAT DOES NOT IMPAIR IT ACCURACY,
27 EFFICIENCY OR CAPACITY OR ITS COMPLIANCE WITH THE REQUIREMENTS
28 HEREINAFTER SET FORTH, SHALL RENDER NECESSARY THE REEXAMINATION
29 OR REAPPROVAL OF SUCH SYSTEM.
30 (E) NEITHER THE SECRETARY OF THE COMMONWEALTH, NOR ANY
19790H0382B3706 - 12 -
1 EXAMINER APPOINTED BY HIM FOR THE PURPOSES PRESCRIBED BY THIS
2 SECTION, NOR ANY MEMBER OF A COUNTY BOARD OF ELECTIONS SHALL
3 HAVE ANY PECUNIARY INTEREST IN ANY ELECTRONIC VOTING SYSTEM OR
4 IN ANY OF THE COMPONENTS THEREOF, OR IN THE DESIGN, MANUFACTURE
5 OR SALE THEREOF.
6 (F) EACH EXAMINER APPOINTED HEREUNDER SHALL RECEIVE A
7 COMPENSATION OF ONE HUNDRED AND FIFTY DOLLARS ($150) FOR EACH
8 TYPE OF ELECTRONIC VOTING SYSTEM EXAMINED BY HIM.
9 SECTION 1106-A. EXPERIMENTAL USE OF ELECTRONIC VOTING
10 SYSTEMS.--THE COUNTY BOARD OF ELECTIONS OF ANY COUNTY MAY
11 PROVIDE FOR EXPERIMENTAL USE AT ANY PRIMARY OR ELECTION IN ONE
12 OR MORE ELECTION DISTRICTS OF SAID COUNTY, OF AN ELECTRONIC
13 VOTING SYSTEM, AND THE USE OF SUCH SYSTEM SHALL BE AS VALID FOR
14 ALL PURPOSES AS IF THE ELECTRONIC VOTING SYSTEM HAD BEEN ADOPTED
15 IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.
16 SECTION 1107-A. REQUIREMENTS OF ELECTRONIC VOTING SYSTEMS.--
17 NO ELECTRONIC VOTING SYSTEM SHALL, UPON ANY EXAMINATION OR
18 REEXAMINATION, BE APPROVED BY THE SECRETARY OF THE COMMONWEALTH,
19 OR BY ANY EXAMINER APPOINTED BY HIM, UNLESS IT SHALL BE
20 ESTABLISHED THAT SUCH SYSTEM, AT THE TIME OF SUCH EXAMINATION OR
21 REEXAMINATION:
22 (1) PROVIDES FOR VOTING IN ABSOLUTE SECRECY AND PREVENTS ANY
23 PERSON FROM SEEING OR KNOWING FOR WHOM ANY VOTER, EXCEPT ONE WHO
24 HAS RECEIVED OR IS RECEIVING ASSISTANCE AS PRESCRIBED BY LAW,
25 HAS VOTED OR IS VOTING.
26 (2) PROVIDES FACILITIES FOR VOTING FOR SUCH CANDIDATES AS
27 MAY BE NOMINATED AND UPON SUCH QUESTIONS AS MAY BE SUBMITTED.
28 (3) PERMITS EACH VOTER, AT OTHER THAN PRIMARY ELECTIONS, TO
29 VOTE A STRAIGHT POLITICAL PARTY TICKET BY ONE MARK OR ACT AND,
30 BY ONE MARK OR ACT, TO VOTE FOR ALL THE CANDIDATES OF ONE
19790H0382B3706 - 13 -
1 POLITICAL PARTY FOR PRESIDENTIAL ELECTORS AND, BY ONE MARK OR
2 ACT, TO VOTE FOR ALL THE CANDIDATES OF ONE POLITICAL PARTY FOR
3 EVERY OFFICE TO BE VOTED FOR, AND EVERY SUCH MARK OR ACT SHALL
4 BE EQUIVALENT TO AND SHALL BE COUNTED AS A VOTE FOR EVERY
5 CANDIDATE OF THE POLITICAL PARTY SO MARKED INCLUDING ITS
6 CANDIDATES FOR PRESIDENTIAL ELECTORS, EXCEPT WITH RESPECT TO
7 THOSE OFFICES AS TO WHICH THE VOTER HAS REGISTERED A VOTE FOR
8 INDIVIDUAL CANDIDATES OF THE SAME OR ANOTHER POLITICAL PARTY OR
9 POLITICAL BODY, IN WHICH CASE THE AUTOMATIC TABULATING EQUIPMENT
10 SHALL CREDIT THE VOTE FOR THAT OFFICE ONLY FOR THE CANDIDATE
11 INDIVIDUALLY SO SELECTED, NOTWITHSTANDING THE FACT THAT THE
12 VOTER MAY NOT HAVE INDIVIDUALLY VOTED FOR THE FULL NUMBER OF
13 CANDIDATES FOR THAT OFFICE FOR WHICH HE WAS ENTITLED TO VOTE.
14 (4) PERMITS EACH VOTER, AT OTHER THAN PRIMARY ELECTIONS, TO
15 VOTE A TICKET SELECTED FROM THE NOMINEES OF ANY AND ALL
16 POLITICAL PARTIES, FROM THE NOMINEES OF ANY AND ALL POLITICAL
17 BODIES, AND FROM ANY PERSONS WHOSE NAMES ARE NOT IN NOMINATION
18 AND DO NOT APPEAR UPON THE OFFICIAL BALLOT.
19 (5) PERMITS EACH VOTER TO VOTE FOR ANY PERSON AND ANY OFFICE
20 FOR WHOM AND FOR WHICH HE IS LAWFULLY ENTITLED TO VOTE, WHETHER
21 OR NOT THE NAME OF SUCH PERSON APPEARS UPON THE BALLOT AS A
22 CANDIDATE FOR NOMINATION OR ELECTION.
23 (6) PERMITS EACH VOTER TO VOTE FOR AS MANY PERSONS FOR ANY
24 OFFICE AS HE IS ENTITLED TO VOTE FOR AND TO VOTE FOR OR AGAINST
25 ANY QUESTION UPON WHICH HE IS ENTITLED TO VOTE AND PRECLUDES
26 EACH VOTER FROM VOTING OR FROM HAVING HIS VOTE TABULATED FOR ANY
27 CANDIDATE, OR UPON ANY QUESTION, FOR WHOM OR UPON WHICH HE IS
28 NOT ENTITLED TO VOTE.
29 (7) IF IT IS OF A TYPE THAT REGISTERS THE VOTE
30 ELECTRONICALLY, THE VOTING SYSTEM SHALL PRECLUDE EACH VOTER FROM
19790H0382B3706 - 14 -
1 VOTING FOR MORE PERSONS FOR ANY OFFICE THAN HE IS ENTITLED TO
2 VOTE FOR OR UPON ANY QUESTION MORE THAN ONCE.
3 (8) PRECLUDES EACH VOTER FROM VOTING OR FROM HAVING HIS VOTE
4 TABULATED MORE THAN ONCE FOR ANY CANDIDATE FOR THE SAME OFFICE
5 OR UPON ANY QUESTION, EXCEPT IN DISTRICTS AND FOR OFFICES WHERE
6 CUMULATIVE VOTING IS AUTHORIZED BY LAW.
7 (9) PERMITS EACH VOTER AT A PRIMARY ELECTION TO VOTE ONLY
8 FOR THE CANDIDATES SEEKING NOMINATION BY A POLITICAL PARTY IN
9 WHICH SUCH VOTER IS REGISTERED AND ENROLLED, AND FOR ANY
10 CANDIDATE FOR NONPARTISAN NOMINATION, AND FOR ANY QUESTION UPON
11 WHICH HE IS ENTITLED TO VOTE.
12 (10) IF IT IS OF A TYPE THAT REGISTERS THE VOTE
13 ELECTRONICALLY, THE VOTING SYSTEM SHALL PERMIT EACH VOTER TO
14 CHANGE HIS VOTE FOR ANY CANDIDATE OR UPON ANY QUESTION APPEARING
15 ON THE OFFICIAL BALLOT UP TO THE TIME THAT HE TAKES THE FINAL
16 STEP TO REGISTER HIS VOTE AND TO HAVE HIS VOTE COMPUTED. IF IT
17 IS OF A TYPE THAT USES PAPER BALLOTS OR BALLOT CARDS TO REGISTER
18 THE VOTE AND AUTOMATIC TABULATING EQUIPMENT TO COMPUTE SUCH
19 VOTES, THE SYSTEM SHALL PROVIDE THAT A VOTER WHO SPOILS HIS
20 BALLOT MAY OBTAIN ANOTHER BALLOT; ANY BALLOT THUS RETURNED SHALL
21 BE IMMEDIATELY CANCELLED AND AT THE CLOSE OF THE POLLS SHALL BE
22 ENCLOSED IN AN ENVELOPE MARKED "SPOILED" WHICH SHALL BE SEALED
23 AND RETURNED TO THE COUNTY BOARD.
24 (11) IS SUITABLY DESIGNED FOR THE PURPOSE USED, IS
25 CONSTRUCTED IN A NEAT AND WORKMANLIKE MANNER OF DURABLE MATERIAL
26 OF GOOD QUALITY, IS SAFELY AND EFFICIENTLY USEABLE IN THE
27 CONDUCT OF ELECTIONS AND, WITH RESPECT TO THE COUNTING OF
28 BALLOTS CAST AT EACH DISTRICT, IS SUITABLY DESIGNED AND EQUIPPED
29 TO BE CAPABLE OF ABSOLUTE ACCURACY, WHICH ACCURACY SHALL BE
30 DEMONSTRATED TO THE SECRETARY OF THE COMMONWEALTH.
19790H0382B3706 - 15 -
1 (12) PROVIDES ACCEPTABLE BALLOT SECURITY PROCEDURES AND
2 IMPOUNDMENT OF BALLOTS TO PREVENT TAMPERING WITH OR SUBSTITUTION
3 OF ANY BALLOTS OR BALLOT CARDS.
4 (13) WHEN PROPERLY OPERATED, RECORDS CORRECTLY AND COMPUTES
5 AND TABULATES ACCURATELY EVERY VALID VOTE REGISTERED.
6 (14) IS SAFELY TRANSPORTABLE.
7 (15) IS SO CONSTRUCTED THAT A VOTER MAY READILY LEARN THE
8 METHOD OF OPERATING IT.
9 (16) IF THE VOTING SYSTEM IS OF A TYPE WHICH PROVIDES FOR
10 THE COMPUTATION AND TABULATION OF VOTES AT THE DISTRICT LEVEL,
11 THE DISTRICT COMPONENT OF THE AUTOMATIC TABULATING EQUIPMENT
12 SHALL INCLUDE THE FOLLOWING MECHANISMS OR CAPABILITIES:
13 (I) A PUBLIC COUNTER, THE REGISTER OF WHICH IS VISIBLE FROM
14 THE OUTSIDE OF THE AUTOMATIC TABULATING EQUIPMENT COMPONENT INTO
15 WHICH THE BALLOTS ARE ENTERED, WHICH SHALL SHOW DURING ANY
16 PERIOD OF OPERATION THE TOTAL NUMBER OF BALLOTS ENTERED FOR
17 COMPUTATION AND TABULATION.
18 (II) A LOCK, OR LOCKS, BY THE USE OF WHICH ALL OPERATION OF
19 THE TABULATION ELEMENT OF THE AUTOMATIC TABULATING EQUIPMENT IS
20 ABSOLUTELY PREVENTED IMMEDIATELY AFTER THE POLLS ARE CLOSED OR
21 WHERE THE TABULATION OF VOTES IS COMPLETED.
22 (III) IT SHALL BE SO CONSTRUCTED AND CONTROLLED THAT, DURING
23 THE PROGRESS OF VOTING, IT SHALL PRECLUDE EVERY PERSON FROM
24 SEEING OR KNOWING THE NUMBER OF VOTES THERETOFORE REGISTERED FOR
25 ANY CANDIDATE OR QUESTION; AND IT SHALL PRECLUDE EVERY PERSON
26 FROM TAMPERING WITH THE TABULATING ELEMENT.
27 (IV) IF THE NUMBER OF CHOICES RECORDED FOR ANY OFFICE OR ON
28 ANY QUESTION EXCEEDS THE NUMBER FOR WHICH THE VOTER IS ENTITLED
29 TO VOTE, IT SHALL REJECT ALL CHOICES RECORDED ON THE BALLOT FOR
30 THAT OFFICE OR QUESTION, PROVIDED, THAT IF USED DURING THE
19790H0382B3706 - 16 -
1 PERIOD OF VOTING IT MAY ALSO HAVE THE CAPACITY TO INDICATE TO A
2 VOTER THAT HE HAS IMPROPERLY VOTED FOR MORE CANDIDATES FOR ANY
3 OFFICE THAN HE IS ENTITLED TO VOTE FOR, AND IN SUCH CASE IT
4 SHALL HAVE THE CAPACITY TO PERMIT THE VOTER TO MARK A NEW BALLOT
5 OR TO FOREGO HIS OPPORTUNITY TO MAKE SUCH CORRECTION.
6 (V) IT SHALL BE EQUIPPED WITH AN ELEMENT WHICH GENERATES A
7 PRINTED RECORD AT THE BEGINNING OF ITS OPERATION WHICH VERIFIES
8 THAT THE TABULATING ELEMENTS FOR EACH CANDIDATE POSITION AND
9 EACH QUESTION AND THE PUBLIC COUNTER ARE ALL SET TO ZERO AND
10 WITH AN ELEMENT WHICH GENERATES A PRINTED RECORD AT THE FINISH
11 OF ITS OPERATION OF THE TOTAL NUMBER OF VOTERS WHOSE BALLOTS
12 HAVE BEEN TABULATED, THE TOTAL NUMBER OF VOTES CAST FOR EACH
13 CANDIDATE WHOSE NAME APPEARS ON THE BALLOT, AND THE TOTAL NUMBER
14 OF VOTES CAST FOR, OR AGAINST, ANY QUESTION APPEARING ON THE
15 BALLOT.
16 (17) IF THE VOTING SYSTEM IS OF A TYPE WHICH PROVIDES FOR
17 THE COMPUTATION AND TABULATION OF ALL VOTES AT A CENTRAL
18 COUNTING CENTER OR IF IT PROVIDES FOR THE TABULATION OF DISTRICT
19 TOTALS AT SUCH A CENTRAL COUNTING CENTER, THE CENTRAL AUTOMATIC
20 TABULATING EQUIPMENT SHALL INCLUDE THE FOLLOWING MECHANISMS OR
21 CAPABILITIES:
22 (I) IT SHALL BE CONSTRUCTED SO THAT EVERY PERSON IS
23 PRECLUDED FROM TAMPERING WITH THE TABULATING ELEMENT DURING THE
24 COURSE OF ITS OPERATION.
25 (II) IF THE NUMBER OF CHOICES FOR ANY OFFICE OR ON ANY
26 QUESTION EXCEEDS THE NUMBER FOR WHICH THE VOTER IS ENTITLED TO
27 VOTE, IT SHALL REJECT ALL CHOICES RECORDED ON THE BALLOT FOR
28 THAT OFFICE OR QUESTION.
29 (III) IT SHALL HAVE A MEANS BY WHICH TO VERIFY THAT THE
30 COUNTERS FOR EACH CANDIDATE POSITION AND FOR EACH QUESTION ARE
19790H0382B3706 - 17 -
1 ALL SET TO ZERO AND SHALL BE ABLE TO GENERATE A PRINTED RECORD
2 OF EACH ELECTION DISTRICT SHOWING THE TOTAL NUMBER OF VOTERS
3 WHOSE BALLOTS HAVE BEEN TABULATED, THE TOTAL NUMBER OF VOTES
4 CAST FOR EACH CANDIDATE WHOSE NAME APPEARS ON THE BALLOT, AND
5 THE TOTAL NUMBER OF VOTES CAST FOR, OR AGAINST, ANY QUESTION
6 APPEARING ON THE BALLOT. IT MAY ALSO BE CAPABLE OF GENERATING
7 CUMULATIVE ELECTION REPORTS.
8 SECTION 1108-A. PAYMENT FOR MACHINES.--THE COUNTY
9 COMMISSIONERS OR SUCH OTHER AUTHORITY AS LEVIES THE TAXES FOR
10 COUNTY PURPOSES OF ANY COUNTY WHICH ADOPTS AN ELECTRONIC VOTING
11 SYSTEM SHALL, UPON THE PURCHASE, LEASE OR OTHER PROCUREMENT
12 THEREOF, PROVIDE FOR PAYMENT THEREFOR BY THE COUNTY. BONDS OR
13 OTHER EVIDENCES OF INDEBTEDNESS MAY BE ISSUED IN ACCORDANCE WITH
14 THE PROVISIONS OF THE ACT OF JULY 12, 1972 (P.L.781, NO.185)
15 KNOWN AS THE "LOCAL GOVERNMENT UNIT DEBT ACT," TO MEET ALL OR
16 ANY APPROPRIATE PART OF THE COST OF ANY SUCH SYSTEM.
17 SECTION 1109-A. FORMS.--(A) (1) BALLOT LABELS USED IN
18 CONJUNCTION WITH BALLOT CARDS SHALL, AS FAR AS PRACTICABLE, BE
19 IN THE SAME ORDER OR ARRANGEMENT AS PROVIDED FOR PAPER BALLOTS
20 OR VOTING MACHINE BALLOTS, EXCEPT THAT SUCH INFORMATION MAY BE
21 PRINTED IN VERTICAL COLUMNS OR IN A NUMBER OF SEPARATE PAGES
22 WHICH ARE PLACED ON THE VOTING DEVICE.
23 (2) THE PAGES PLACED ON THE VOTING DEVICE SHALL BE OF
24 SUFFICIENT NUMBER TO INCLUDE, FOLLOWING THE LISTING OF
25 PARTICULAR CANDIDATES, THE NAMES OF CANDIDATES FOR ANY
26 NONPARTISAN OFFICES AND ANY MEASURES FOR WHICH A VOTER MAY BE
27 QUALIFIED TO VOTE ON A GIVEN ELECTION DAY, PROVIDED FURTHER THAT
28 FOR MUNICIPAL, GENERAL OR SPECIAL ELECTIONS, THE FIRST BALLOT
29 PAGE SHALL LIST IN THE ORDER THAT SUCH POLITICAL PARTIES ARE
30 ENTITLED TO PRIORITY ON THE BALLOT, THE NAMES OF SUCH POLITICAL
19790H0382B3706 - 18 -
1 PARTIES WITH DESIGNATING ARROWS SO AS TO INDICATE THE VOTING
2 SQUARE OR POSITION ON THE BALLOT CARD WHERE THE VOTER MAY INSERT
3 BY ONE MARK OR PUNCH THE STRAIGHT PARTY TICKET OF HIS CHOICE.
4 (3) IN A PRIMARY ELECTION THE PAGES PLACED ON THE VOTING
5 DEVICE MAY BE ARRANGED WITH THE ENTIRE BALLOT LABEL CONSISTING
6 OF SEVERAL GROUPS OF PAGES, SO THAT A SEPARATE GROUP CAN BE USED
7 TO LIST THE NAMES OF CANDIDATES SEEKING NOMINATION OF EACH
8 QUALIFIED POLITICAL PARTY, WITH ADDITIONAL GROUPS USED TO LIST
9 ANY NONPARTISAN OFFICES OR MEASURES. GROUPS OF PAGES MAY BE
10 IDENTIFIED BY COLOR OR OTHER SUITABLE MEANS, AND VOTERS SHALL BE
11 INSTRUCTED TO VOTE ONLY FOR CANDIDATES OF THE PARTY OF THEIR
12 CHOICE AND THEREAFTER TO VOTE FOR ANY NONPARTISAN CANDIDATES OR
13 MEASURES.
14 (B) BALLOT LABELS SHALL BE PRINTED IN PLAIN CLEAR TYPE IN
15 BLACK INK, OF SUCH SIZE AND ARRANGEMENT AS TO FIT THE
16 CONSTRUCTION OF THE VOTING DEVICE; AND THEY SHALL BE PRINTED ON
17 CLEAR WHITE MATERIAL OR ON MATERIAL OF DIFFERENT COLORS TO
18 IDENTIFY DIFFERENT BALLOTS OR PARTS OF THE BALLOT AND IN PRIMARY
19 ELECTIONS TO IDENTIFY EACH POLITICAL PARTY.
20 (C) ON ALL BALLOT LABELS THE TITLES OF OFFICES AND THE NAMES
21 OF CANDIDATES SHALL IN ALL ELECTIONS BE ARRANGED IN COLUMNS OR
22 ROWS IN A SERIES OF SEPARATE PAGES AND, IN PRIMARY ELECTIONS,
23 THE NAMES OF CANDIDATES FOR AN OFFICE SHALL APPEAR IN THE ORDER
24 THAT WAS ESTABLISHED UNDER THE PROVISIONS OF SECTIONS 915 AND
25 916. THE OFFICE TITLES SHALL BE PRINTED ABOVE OR AT THE SIDE OF
26 THE NAMES OF CANDIDATES SO AS TO INDICATE CLEARLY THE CANDIDATES
27 FOR EACH OFFICE AND THE NUMBER TO BE ELECTED. IN PARTISAN
28 ELECTIONS THE PARTY DESIGNATION OF EACH CANDIDATE SHALL BE
29 PRINTED TO THE RIGHT OR BELOW THE CANDIDATE'S NAME. ALL
30 CANDIDATES FOR ONE OFFICE SHALL BE GROUPED ON ONE PAGE WHERE
19790H0382B3706 - 19 -
1 PRACTICAL; IN CASE THERE ARE MORE CANDIDATES FOR AN OFFICE THAN
2 CAN BE PRINTED IN ONE COLUMN OR ON ONE BALLOT PAGE, THE BALLOT
3 LABEL SHALL CLEARLY INDICATE THAT THE LIST OF CANDIDATES IS
4 CONTINUED ON THE FOLLOWING COLUMN OR PAGE, AND SO FAR AS
5 POSSIBLE, THE SAME NUMBER OF NAMES SHALL BE PRINTED ON EACH
6 COLUMN OR PAGE. ARROWS MAY BE USED TO INDICATE THE PLACE TO VOTE
7 FOR EACH CANDIDATE AND FOR OR AGAINST EVERY QUESTION PRESENTED.
8 (D) IN PARTISAN ELECTIONS THE BALLOT CARDS SHALL INCLUDE A
9 VOTING SQUARE OR POSITION WHEREBY THE VOTER MAY BY ONE PUNCH OR
10 MARK RECORD A STRAIGHT PARTY TICKET VOTE FOR ALL THE CANDIDATES
11 OF ONE PARTY OR MAY VOTE A SPLIT TICKET FOR THE CANDIDATES OF
12 HIS CHOICE.
13 (E) IN PRIMARY ELECTIONS, THE SECRETARY OF THE COMMONWEALTH
14 SHALL CHOOSE A COLOR FOR EACH PARTY ELIGIBLE TO HAVE CANDIDATES
15 ON THE BALLOT AND A SEPARATE COLOR FOR INDEPENDENT VOTERS. THE
16 BALLOT CARDS OR PAPER BALLOTS AND BALLOT PAGES SHALL BE PRINTED
17 ON CARD OR PAPER STOCK OF THE COLOR OF THE PARTY OF THE VOTER
18 AND THE APPROPRIATE PARTY AFFILIATION OR INDEPENDENT STATUS
19 SHALL BE PRINTED ON THE BALLOT CARD OR AT THE TOP OF THE PAPER
20 BALLOT AND ON THE BALLOT PAGES.
21 (F) BALLOT CARDS, OR THE PORTION THEREOF ON WHICH THE VOTER
22 REGISTERS HIS VOTE, SHALL BE OF A SIZE, DESIGN AND STOCK
23 SUITABLE FOR PROCESSING BY THE AUTOMATIC TABULATING EQUIPMENT
24 USED IN THE VOTING SYSTEM. EACH BALLOT CARD SHALL HAVE AN
25 ATTACHED SERIALLY NUMBERED PERFORATED STUB, WHICH SHALL BE
26 REMOVED BY AN ELECTION OFFICER BEFORE THE BALLOT CARD IS
27 DEPOSITED IN THE DISTRICT AUTOMATIC TABULATING EQUIPMENT OR IN A
28 SECURE BALLOT BOX. THE NAME OF THE COUNTY, AND A FACSIMILE OF
29 THE SIGNATURE OF THE MEMBERS OF THE COUNTY BOARD SHALL BE
30 PRINTED ON THE BALLOT CARD STUB.
19790H0382B3706 - 20 -
1 (G) SAMPLE BALLOTS, WHICH SHALL BE FACSIMILE COPIES OF THE
2 OFFICIAL BALLOT OR BALLOT LABELS, SHALL BE PROVIDED AND POSTED
3 IN EACH POLLING PLACE ON ELECTION DAY AS REQUIRED BY LAW. SAMPLE
4 BALLOTS MAY BE PRINTED ON A SINGLE PAGE OR ON A NUMBER OF PAGES
5 STAPLED TOGETHER.
6 SECTION 1110-A. SUPPLIES; PREPARATION OF THE VOTING SYSTEM
7 AND OF POLLING PLACES.--(A) PRIOR TO ANY ELECTION IN WHICH AN
8 ELECTRONIC VOTING SYSTEM IS TO BE USED, THE COUNTY BOARD OF
9 ELECTIONS SHALL FURNISH TO EACH ELECTION DISTRICT, AT THE
10 EXPENSE OF THE COUNTY, THE ELEMENTS OF SUCH VOTING SYSTEM,
11 INCLUDING VOTING DEVICES, AUTOMATIC TABULATING EQUIPMENT, BALLOT
12 BOXES, BALLOT LABELS, BALLOTS, BALLOT ENVELOPES, FORMS OF
13 CERTIFICATES, RETURNS AND OTHER RECORDS AND SUPPLIES, AS ARE
14 NECESSARY FOR THE PROPER OPERATION OF THE VOTING SYSTEM AT THE
15 ELECTION DISTRICT LEVEL OR AS ARE REQUIRED UNDER THE PROVISIONS
16 OF THIS ACT, ALL OF WHICH SHALL BE IN THE FORM AND ACCORDING TO
17 THE SPECIFICATIONS PRESCRIBED FROM TIME TO TIME BY THE SECRETARY
18 OF THE COMMONWEALTH.
19 (B) UNLESS THE VOTING DEVICE ITSELF ENABLES THE VOTER TO
20 REGISTER HIS VOTE IN SECRET, THE COUNTY BOARD OF ELECTIONS SHALL
21 PROVIDE VOTING BOOTHS FOR EACH ELECTION DISTRICT, WHICH SHALL BE
22 OF A SIZE AND DESIGN WHICH SHALL ENABLE THE VOTER TO REGISTER
23 HIS VOTE IN SECRET. THE COUNTY BOARD SHALL DETERMINE THE NUMBER
24 OF VOTING DEVICES AND VOTING BOOTHS TO BE PROVIDED IN EACH SUCH
25 DISTRICT IN ORDER TO SATISFY THE MINIMUM CAPACITY STANDARDS
26 PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH.
27 (C) THE COUNTY BOARD OF ELECTIONS SHALL APPOINT A CUSTODIAN
28 OF THE ELECTRONIC VOTING SYSTEM AND SUCH DEPUTY CUSTODIANS AS
29 MAY BE NECESSARY, AND IT SHALL BE THE DUTY OF SUCH CUSTODIANS TO
30 PREPARE THE VOTING SYSTEM AND ALL OF ITS COMPONENTS FOR USE IN
19790H0382B3706 - 21 -
1 ANY ELECTION IN WHICH SUCH SYSTEM IS EMPLOYED. EACH CUSTODIAN
2 AND DEPUTY CUSTODIAN SHALL RECEIVE FROM THE COUNTY, FOR EACH DAY
3 HE IS ACTUALLY EMPLOYED UNDER THE PROVISIONS OF THIS ACT, SUCH
4 COMPENSATION AS SHALL BE FIXED BY THE COUNTY BOARD OF ELECTIONS.
5 SUCH CUSTODIAN SHALL, UNDER THE DIRECTION OF THE COUNTY BOARD OF
6 ELECTIONS, HAVE CHARGE OF AND REPRESENT THE COUNTY ELECTION
7 BOARD DURING THE PREPARATION OF THE ELECTRONIC VOTING SYSTEM AS
8 REQUIRED BY THIS ACT, AND HE AND THE DEPUTY CUSTODIANS, WHOSE
9 DUTY IT SHALL BE TO ASSIST HIM IN THE DISCHARGE OF HIS DUTIES,
10 SHALL SERVE AT THE PLEASURE OF THE COUNTY BOARD OF ELECTIONS.
11 EACH CUSTODIAN SHALL TAKE THE CONSTITUTIONAL OATH OF OFFICE,
12 WHICH SHALL BE FILED WITH THE COUNTY BOARD OF ELECTIONS.
13 (D) ON OR BEFORE THE FORTIETH DAY PRECEDING ANY ELECTION,
14 THE COUNTY BOARD OF ELECTIONS SHALL MAIL TO THE CHAIRMAN OF THE
15 COUNTY COMMITTEE OF EACH POLITICAL PARTY WHICH SHALL BE ENTITLED
16 UNDER EXISTING LAWS TO PARTICIPATE IN PRIMARY ELECTIONS WITHIN
17 THE COUNTY, AND TO THE CHAIRMAN OR PRESIDING OFFICER OF ANY
18 ORGANIZATION OF CITIZENS WITHIN THE COUNTY WHICH HAS AS ITS
19 PURPOSE OR AMONG ITS PURPOSES THE INVESTIGATION OR PROSECUTION
20 OF ELECTION FRAUDS AND WHICH HAS REGISTERED ITS NAME AND ADDRESS
21 AND THE NAMES OF ITS PRINCIPAL OFFICERS WITH THE COUNTY BOARD OF
22 ELECTIONS AT LEAST FIFTY DAYS BEFORE THE ELECTION, A WRITTEN
23 NOTICE STATING THE TIMES WHEN AND THE PLACE OR PLACES WHERE
24 PREPARATION OF THE SYSTEM AND ITS COMPONENTS FOR USE IN THE
25 SEVERAL ELECTION DISTRICTS IN THE COUNTY OR MUNICIPALITY WILL BE
26 STARTED. ONE REPRESENTATIVE OF EACH SUCH POLITICAL PARTY,
27 CERTIFIED BY THE RESPECTIVE CHAIRMAN OF THE COUNTY COMMITTEE OF
28 SUCH PARTY, AND ONE REPRESENTATIVE OF EACH SUCH ORGANIZATION OF
29 CITIZENS, CERTIFIED BY THE RESPECTIVE CHAIRMAN OR PRESIDING
30 OFFICER OF SUCH ORGANIZATION SHALL BE ENTITLED TO BE PRESENT
19790H0382B3706 - 22 -
1 DURING THE PREPARATION OF THE VOTING SYSTEM AND ITS COMPONENTS
2 AND TO SEE THAT THEY ARE PROPERLY PREPARED AND ARE IN PROPER
3 CONDITION AND ORDER FOR USE. SUCH REPRESENTATIVES SHALL NOT
4 INTERFERE WITH THE PREPARATION OF THE SYSTEM AND ITS COMPONENTS,
5 AND THE COUNTY BOARD MAY MAKE REASONABLE RULES AND REGULATIONS
6 GOVERNING THE CONDUCT OF SUCH REPRESENTATIVES.
7 (E) PRIOR TO THE DELIVERY OF ANY AUTOMATIC TABULATING
8 EQUIPMENT TO ANY ELECTION DISTRICT THE COUNTY BOARD OF ELECTIONS
9 SHALL EXAMINE OR CAUSE TO HAVE EXAMINED SUCH EQUIPMENT AND SHALL
10 MAKE A CERTIFICATE STATING:
11 (1) THE IDENTIFYING NUMBER AND ELECTION DISTRICT DESIGNATION
12 OF THE EQUIPMENT;
13 (2) THAT THE EQUIPMENT IS SUITABLE FOR USE IN THE PARTICULAR
14 ELECTION DISTRICT DESIGNATED;
15 (3) THAT THE EQUIPMENT HAS BEEN TESTED TO ASCERTAIN THAT IT
16 WILL ACCURATELY COMPUTE THE VOTES CAST FOR ALL OFFICES AND ALL
17 QUESTIONS;
18 (4) THAT THE OFFICES AND QUESTIONS ON THE OFFICIAL BALLOT
19 CORRESPOND IN ALL RESPECTS WITH THE BALLOT LABELS ASSIGNED TO
20 SUCH PARTICULAR ELECTION DISTRICT;
21 (5) THAT THE PUBLIC COUNTER AND THE COUNTERS FOR EACH
22 CANDIDATE POSITION AND EACH QUESTION ARE ALL SET AT ZERO AND
23 THAT ELEMENT THAT GENERATES A PRINTED RECORD OF THE RESULTS OF
24 THE ELECTION IS FUNCTIONING CORRECTLY; AND
25 (6) THE NUMBER ON THE SEAL WITH WHICH THE EQUIPMENT IS
26 SEALED.
27 (F) AT LEAST ONE HOUR BEFORE THE TIME SET FOR THE OPENING OF
28 THE POLLS AT EACH ELECTION, THE COUNTY BOARD OF ELECTIONS SHALL
29 DELIVER TO EACH ELECTION DISTRICT ANY DISTRICT COMPONENTS OF THE
30 ELECTRONIC VOTING SYSTEM AND ANY SUPPLIES NECESSARY TO PREPARE
19790H0382B3706 - 23 -
1 THE AUTOMATIC TABULATING EQUIPMENT FOR OPERATION IN THE
2 DISTRICT, AND THEY SHALL POSITION SUCH AUTOMATIC TABULATING
3 EQUIPMENT FOR PROPER USE IN VOTING. ANY TABULATING EQUIPMENT SO
4 PLACED SHALL REMAIN LOCKED AND SEALED UNTIL ITS EXAMINATION AND
5 PREPARATION IMMEDIATELY PRECEDING ITS USE AS PRESCRIBED BY THIS
6 ACT.
7 (G) THE MEMBERS OF THE DISTRICT ELECTION BOARD SHALL ARRIVE
8 AT THE POLLING PLACE AT LEAST ONE-HALF HOUR BEFORE THE OPENING
9 OF THE POLLS. PRIOR TO THE COMMENCEMENT OF THE ELECTION, THE
10 DISTRICT ELECTION BOARD SHALL INSPECT THE DISTRICT COMPONENTS OF
11 THE ELECTRONIC VOTING SYSTEM TO SEE THAT THEY ARE IN PROPER
12 WORKING ORDER, AND THEY SHALL CHECK ALL BALLOTS, SUPPLIES,
13 RECORDS AND FORMS AND SHALL POST THE SAMPLE BALLOTS, THE CARDS
14 OF INSTRUCTION AND THE NOTICES OF PENALTIES. IF THE VOTING
15 SYSTEM PROVIDES FOR THE INITIAL COMPUTATION AND TABULATION OF
16 VOTES AT THE DISTRICT LEVEL DURING VOTING HOURS, THE DISTRICT
17 ELECTION BOARD SHALL ALSO BREAK THE SEAL ON THE AUTOMATIC
18 TABULATING EQUIPMENT AND INSURE THAT THE EQUIPMENT IS PROPERLY
19 PREPARED FOR THE PARTICULAR ELECTION DISTRICT DESIGNATED, AND
20 THE DISTRICT BOARD SHALL THEN DETERMINE THAT THE COUNTERS FOR
21 EACH CANDIDATE POSITION AND FOR EACH QUESTION AND THE PUBLIC
22 COUNTER ARE ALL SET TO ZERO. IF THE SYSTEM PROVIDES FOR
23 TABULATION OF BALLOTS AFTER THE POLLS ARE CLOSED, SUCH TEST
24 SHALL BE CONDUCTED IMMEDIATELY PRIOR TO ITS ACTUAL USE. IF ANY
25 SUCH COUNTER IS NOT SET TO ZERO, THE DISTRICT ELECTION BOARD
26 SHALL IMMEDIATELY NOTIFY THE COUNTY BOARD OF ELECTIONS WHICH
27 SHALL FORTHWITH CAUSE ONE OF ITS REPRESENTATIVES TO ASCERTAIN
28 AND CORRECT ANY ERROR. THEREUPON, A ZERO PRINT-OUT SHEET OR AN
29 APPROPRIATE CERTIFICATE BY THE DISTRICT ELECTION BOARD
30 REFLECTING ITS EXAMINATION SHALL BE POSTED ON THE WALL OF THE
19790H0382B3706 - 24 -
1 POLLING PLACE BY THE DISTRICT ELECTION BOARD AND SUCH SHEET OR
2 CERTIFICATE SHALL REMAIN POSTED UNTIL THE POLLS ARE CLOSED. AT
3 THE CLOSE OF THE POLLS, THE DISTRICT ELECTION BOARD SHALL
4 DELIVER SUCH SHEET OR CERTIFICATE TOGETHER WITH THE ELECTION
5 RETURNS TO THE COUNTY BOARD OF ELECTIONS.
6 SECTION 1111-A. INSTRUCTION OF VOTERS.--(A) DURING THE
7 THIRTY DAYS NEXT PRECEDING AN ELECTION AT WHICH ANY ELECTRONIC
8 VOTING SYSTEM IS TO BE USED, THE COUNTY BOARD OF ELECTIONS SHALL
9 PLACE ON PUBLIC EXHIBITION, IN SUCH PUBLIC PLACES AND IN SUCH
10 QUANTITY AND AT SUCH TIMES AS IT SHALL DEEM MOST SUITABLE FOR
11 THE INSTRUCTION AND INFORMATION OF THE VOTERS OF THE COUNTY,
12 THOSE COMPONENTS OF THE ELECTRONIC VOTING SYSTEM WHICH ARE USED
13 BY THE VOTER, CONTAINING A SAMPLE BALLOT DESIGNED FOR
14 INSTRUCTIONAL USE. SUCH COMPONENTS SHALL BE UNDER THE CHARGE AND
15 CARE OF A PERSON COMPETENT AS CUSTODIAN AND INSTRUCTOR. NO
16 VOTING SYSTEM COMPONENT WHICH IS ASSIGNED FOR USE IN AN ELECTION
17 SHALL BE USED FOR SUCH PUBLIC EXHIBITION AND INSTRUCTION AFTER
18 HAVING BEEN PREPARED AND SEALED FOR THE ELECTION.
19 (B) AT THE POLLING PLACE ON THE DAY OF THE ELECTION, EACH
20 VOTER WHO DESIRES SHALL BE INSTRUCTED, BY MEANS OF APPROPRIATE
21 DIAGRAMS AND A MODEL, IN THE OPERATION OF THE VOTING DEVICE
22 BEFORE HE ENTERS THE VOTING BOOTH. IF ANY VOTER SHALL ASK FOR
23 FURTHER INSTRUCTIONS CONCERNING THE MANNER OF VOTING AFTER
24 ENTERING THE VOTING BOOTH, ANY ELECTION OFFICER MAY GIVE HIM
25 AUDIBLE INSTRUCTIONS WITHOUT ENTERING SUCH BOOTH, BUT NO SUCH
26 ELECTION OFFICER SHALL WHEN GIVING SUCH INSTRUCTIONS IN ANY
27 MANNER REQUEST, SUGGEST OR SEEK TO PERSUADE OR INDUCE ANY SUCH
28 VOTER TO VOTE ANY PARTICULAR TICKET OR FOR ANY PARTICULAR
29 CANDIDATE OR OTHER PERSON OR FOR OR AGAINST ANY PARTICULAR
30 QUESTION.
19790H0382B3706 - 25 -
1 SECTION 1112-A. ELECTION DAY PROCEDURES AND THE PROCESS OF
2 VOTING.--(A) IN AN ELECTION DISTRICT WHICH USES AN ELECTRONIC
3 VOTING SYSTEM IN WHICH VOTES ARE REGISTERED ELECTRONICALLY, THE
4 FOLLOWING PROCEDURES WILL BE APPLICABLE FOR THE CONDUCT OF THE
5 ELECTION AT THE ELECTION DISTRICT:
6 (1) AT PRIMARY ELECTIONS, THE ELECTION OFFICER IN CHARGE
7 SHALL ADJUST THE VOTING SYSTEM BEFORE THE VOTER RECORDS ANY VOTE
8 SO THAT THE VOTER WILL ONLY BE ABLE TO REGISTER A VOTE FOR
9 CANDIDATES ON THE BALLOT OF THE PARTY IN WHICH HE IS REGISTERED
10 AND ENROLLED OR FOR PERSONS WHOSE NAMES ARE NOT ON THE OFFICIAL
11 BALLOT, FOR CANDIDATES FOR NONPARTISAN NOMINATIONS, IF ANY, AND
12 FOR ANY QUESTIONS UPON WHICH HE IS ENTITLED TO VOTE.
13 (2) AT PRIMARY ELECTIONS, THE VOTER SHALL BE ABLE TO VOTE
14 FOR EACH CANDIDATE INDIVIDUALLY BY THE MEANS PROVIDED. AT ALL
15 OTHER ELECTIONS, HE MAY VOTE FOR EACH CANDIDATE INDIVIDUALLY, OR
16 HE MAY VOTE A STRAIGHT POLITICAL PARTY TICKET IN ONE OPERATION
17 BY OPERATING THE STRAIGHT POLITICAL PARTY MECHANISM OF THE
18 POLITICAL PARTY OR POLITICAL BODY OF HIS CHOICE. HE MAY ALSO,
19 AFTER HAVING OPERATED THE STRAIGHT PARTY MECHANISM AND BEFORE
20 RECORDING HIS VOTE, CANCEL THE VOTE FOR ANY CANDIDATE OF SUCH
21 POLITICAL PARTY OR POLITICAL BODY AND MAY THEREUPON VOTE FOR A
22 CANDIDATE OF ANOTHER PARTY, OR POLITICAL BODY FOR THE SAME
23 OFFICE. THE VOTER MAY ALSO VOTE INDIVIDUALLY FOR OR AGAINST A
24 QUESTION SUBMITTED TO THE VOTE OF THE ELECTORS.
25 (3) A VOTER MAY, AT ANY PRIMARY OR OTHER ELECTION, VOTE FOR
26 ANY PERSON OR PERSONS FOR ANY OFFICE FOR WHICH HIS NAME DOES NOT
27 APPEAR UPON THE BALLOT LABEL AS A CANDIDATE, BY WRITING THE
28 IDENTIFICATION OF THE OFFICE AND THE NAME OF SUCH PERSON IN OR
29 UPON THE APPROPRIATE RECEPTACLE OR DEVICE PROVIDED FOR THAT
30 PURPOSE. NO WRITE-IN VOTE SHALL BE CAST ON A VOTING DEVICE FOR
19790H0382B3706 - 26 -
1 ANY PERSON FOR ANY OFFICE, WHOSE NAME APPEARS ON THE BALLOT
2 LABEL AS A CANDIDATE FOR THAT OFFICE, AND ANY BALLOT SO CAST
3 SHALL BE VOID AND NOT COUNTED.
4 (4) AT ANY GENERAL ELECTION AT WHICH PRESIDENTIAL ELECTORS
5 ARE TO BE CHOSEN, EACH ELECTOR SHALL BE PERMITTED TO VOTE BY ONE
6 OPERATION FOR ALL THE PRESIDENTIAL ELECTORS OF A POLITICAL PARTY
7 OR POLITICAL BODY. FOR EACH PARTY OR BODY NOMINATING
8 PRESIDENTIAL ELECTORS, A BALLOT LABEL SHALL BE PROVIDED
9 CONTAINING ONLY THE WORDS "PRESIDENTIAL ELECTORS," PRECEDED BY
10 THE NAMES OF THE PARTY OR BODY AND FOLLOWED BY THE NAMES OF THE
11 CANDIDATES THEREOF FOR THE OFFICE OF PRESIDENT AND VICE-
12 PRESIDENT, AND THE CORRESPONDING COUNTER OR REGISTERING DEVICE
13 SHALL REGISTER VOTES CAST FOR SAID ELECTORS WHEN THUS VOTED FOR
14 COLLECTIVELY. IF ANY ELECTOR DESIRES TO VOTE A TICKET FOR
15 PRESIDENTIAL ELECTORS MADE UP OF THE NAMES OF PERSONS NOMINATED
16 BY DIFFERENT PARTIES OR BODIES, OR PARTIALLY OF NAMES OF PERSONS
17 SO IN NOMINATION AND PARTIALLY OF NAMES OF PERSONS NOT IN
18 NOMINATION BY ANY PARTY OR BODY, HE MAY WRITE OR DEPOSIT A PAPER
19 BALLOT PREPARED BY HIMSELF IN THE RECEPTACLE PROVIDED IN OR ON
20 THE VOTING DEVICE FOR THAT PURPOSE, OR HE MAY LIST THEIR NAMES
21 ON THE WRITE-IN BALLOT OR ENVELOPE PROVIDED FOR THAT PURPOSE.
22 THE VOTING DEVICE SHALL BE SO CONSTRUCTED THAT IT WILL NOT BE
23 POSSIBLE FOR ANY ONE VOTER TO VOTE A STRAIGHT PARTY TICKET FOR
24 PRESIDENTIAL ELECTORS AND AT THE SAME TIME TO DEPOSIT A BALLOT
25 FOR PRESIDENTIAL ELECTORS IN A RECEPTACLE AS HEREINABOVE
26 PROVIDED. WHEN THE VOTES FOR PRESIDENTIAL ELECTORS ARE COUNTED,
27 THE VOTES APPEARING UPON THE COUNTER OR REGISTERING DEVICE
28 CORRESPONDING TO THE BALLOT LABEL CONTAINING THE NAMES OF THE
29 CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF ANY PARTY OR BODY
30 SHALL BE COUNTED AS VOTES FOR EACH OF THE CANDIDATES FOR
19790H0382B3706 - 27 -
1 PRESIDENTIAL ELECTOR OF SUCH PARTY OR BODY, AND THEREUPON ALL
2 CANDIDATES FOR PRESIDENTIAL ELECTOR SHALL BE CREDITED, IN
3 ADDITION, WITH THE VOTES CAST FOR THEM UPON THE BALLOTS
4 DEPOSITED IN THE MACHINE, AS HEREINABOVE PROVIDED.
5 (5) AS SOON AS THE ELECTOR HAS ADJUSTED THE VOTING DEVICE SO
6 THAT IT WILL RECORD HIS CHOICES FOR THE VARIOUS CANDIDATES TO BE
7 VOTED FOR, AND HIS ANSWERS TO THE VARIOUS QUESTIONS SUBMITTED,
8 HE SHALL OPERATE THE RECORDING MECHANISM OF THE VOTING DEVICE
9 AND FORTHWITH LEAVE THE VOTING BOOTH.
10 (B) IN AN ELECTION DISTRICT WHICH USES AN ELECTRONIC VOTING
11 SYSTEM WHICH UTILIZES PAPER BALLOTS OR BALLOT CARDS TO REGISTER
12 THE VOTES, THE FOLLOWING PROCEDURES WILL BE APPLICABLE FOR THE
13 CONDUCT OF THE ELECTION AT THE ELECTION DISTRICT:
14 (1) THE VOTER, AFTER RECEIVING HIS BALLOT FROM THE DISTRICT
15 ELECTION OFFICIALS, SHALL RETIRE TO ONE OF THE VOTING BOOTHS IN
16 WHICH THE VOTING DEVICES ARE LOCATED.
17 (2) AT PRIMARY ELECTIONS, THE VOTER SHALL VOTE FOR THE
18 CANDIDATES OF HIS CHOICE FOR NOMINATION, ACCORDING TO THE NUMBER
19 OF PERSONS TO BE VOTED FOR BY HIM, FOR EACH OFFICE BY MAKING A
20 CROSS (X) OR CHECK ( ) MARK OR BY MAKING A PUNCH OR MARK SENSE
21 MARK IN THE SQUARE OPPOSITE THE NAME OF THE CANDIDATE, OR HE MAY
22 SO MARK THE WRITE-IN POSITION PROVIDED ON THE BALLOT FOR THE
23 PARTICULAR OFFICE AND, IN THE SPACE PROVIDED THEREFOR ON THE
24 BALLOT AND/OR BALLOT ENVELOPE, WRITE THE IDENTIFICATION OF THE
25 OFFICE IN QUESTION AND THE NAME OF ANY PERSON NOT ALREADY
26 PRINTED ON THE BALLOT FOR THAT OFFICE, AND SUCH MARK AND WRITTEN
27 INSERTION SHALL COUNT AS A VOTE FOR THAT PERSON FOR SUCH OFFICE.
28 (3) AT ALL OTHER ELECTIONS, THE VOTER SHALL VOTE FOR THE
29 CANDIDATES OF HIS CHOICE FOR EACH OFFICE TO BE FILLED, ACCORDING
30 TO THE NUMBER OF PERSONS TO BE VOTED FOR BY HIM FOR EACH OFFICE,
19790H0382B3706 - 28 -
1 BY MAKING A CROSS (X) OR CHECK ( ) MARK OR BY MAKING A PUNCH OR
2 MARK SENSE MARK IN THE SQUARE OPPOSITE THE NAME OF THE
3 CANDIDATE, OR HE MAY SO MARK THE WRITE-IN POSITION PROVIDED ON
4 THE BALLOT FOR THE PARTICULAR OFFICE AND, IN THE SPACE PROVIDED
5 THEREFOR ON THE BALLOT AND/OR BALLOT ENVELOPE, WRITE THE
6 IDENTIFICATION OF THE OFFICE IN QUESTION AND THE NAME OF ANY
7 PERSON NOT ALREADY PRINTED ON THE BALLOT FOR THAT OFFICE, AND
8 SUCH MARK AND WRITTEN INSERTION SHALL COUNT AS A VOTE FOR THAT
9 PERSON FOR SUCH OFFICE.
10 (4) IF THE VOTER DESIRES TO VOTE FOR EVERY CANDIDATE OF A
11 POLITICAL PARTY OR POLITICAL BODY, EXCEPT ITS CANDIDATES FOR
12 OFFICES AS TO WHICH HE VOTES FOR INDIVIDUAL CANDIDATES IN THE
13 MANNER HEREINAFTER PROVIDED, HE MAY MAKE A CROSS (X) OR CHECK
14 ( ) OR PUNCH OR MARK SENSE MARK IN THE SQUARE OPPOSITE THE NAME
15 OF THE PARTY OR POLITICAL BODY SO MARKED, INCLUDING ITS
16 CANDIDATES FOR PRESIDENTIAL ELECTORS, EXCEPT FOR THOSE OFFICES
17 AS TO WHICH HE HAS INDICATED A CHOICE FOR INDIVIDUAL CANDIDATES
18 OF THE SAME OR ANOTHER PARTY OR POLITICAL BODY, BY MAKING A
19 CROSS (X) OR CHECK ( ) OR PUNCH OR MARK SENSE MARK OPPOSITE
20 THEIR NAMES IN THE MANNER HEREINABOVE PROVIDED, AS TO WHICH
21 OFFICES HIS BALLOT SHALL BE COUNTED ONLY FOR THE CANDIDATES
22 WHICH HE HAS THUS INDIVIDUALLY MARKED, NOTWITHSTANDING THE FACT
23 THAT HE MADE A MARK IN THE PARTY COLUMN, AND EVEN THOUGH IN THE
24 CASE OF AN OFFICE FOR WHICH MORE THAN ONE CANDIDATE IS TO BE
25 VOTED FOR, HE HAS NOT INDIVIDUALLY MARKED FOR SUCH OFFICE THE
26 FULL NUMBER OF CANDIDATES FOR WHICH HE IS ENTITLED TO VOTE. IF
27 HE DESIRES TO VOTE FOR THE ENTIRE GROUP OF PRESIDENTIAL ELECTORS
28 NOMINATED BY ANY PARTY OR POLITICAL BODY, HE MAY MAKE A CROSS
29 (X) OR CHECK ( ) OR PUNCH OR MARK SENSE MARK IN THE APPROPRIATE
30 SPACE OPPOSITE THE NAMES OF THE CANDIDATES FOR PRESIDENT AND
19790H0382B3706 - 29 -
1 VICE-PRESIDENT OF SUCH PARTY OR BODY. IF HE DESIRES TO VOTE A
2 TICKET FOR PRESIDENTIAL ELECTORS MADE UP OF THE NAMES OF PERSONS
3 NOMINATED BY DIFFERENT PARTIES OR POLITICAL BODIES, OR PARTIALLY
4 OF NAMES OF PERSONS SO IN NOMINATION AND PARTIALLY OF NAMES OF
5 PERSONS NOT IN NOMINATION BY ANY PARTY OR POLITICAL BODY, OR
6 WHOLLY OF NAMES OF PERSONS NOT IN NOMINATION BY ANY PARTY OR
7 POLITICAL BODY, HE SHALL INSERT THE NAMES OF THE CANDIDATES FOR
8 PRESIDENTIAL ELECTORS FOR WHOM HE DESIRES TO VOTE IN THE BLANK
9 SPACES PROVIDED THEREFOR ON THE WRITE-IN BALLOT UNDER THE TITLE
10 OF THE OFFICE "PRESIDENTIAL ELECTORS". IN CASE OF A QUESTION
11 SUBMITTED TO THE VOTE OF THE ELECTORS, HE MAY MAKE A CROSS (X)
12 OR CHECK ( ) OR PUNCH OR MARK SENSE MARK IN THE APPROPRIATE
13 SQUARE OPPOSITE THE ANSWER WHICH HE DESIRES TO GIVE.
14 (5) ANY VOTER WHO SPOILS HIS BALLOT MAY RETURN IT AND SECURE
15 ANOTHER. THE WORD "SPOILED" SHALL BE WRITTEN ACROSS THE FACE OF
16 THE BALLOT, AND IT SHALL BE PLACED IN THE ENVELOPE MARKED
17 "SPOILED BALLOTS".
18 (6) FOLLOWING THE COMPLETION OF HIS VOTE, THE VOTER SHALL
19 LEAVE THE VOTING BOOTH AND RETURN THE BALLOT TO THE ELECTION
20 OFFICER BY A MEANS DESIGNED TO INSURE ITS SECRECY; UPON REMOVAL
21 OF THE STUB OF THE BALLOT BY THE ELECTION OFFICER, THE VOTER
22 SHALL INSERT THE BALLOT INTO THE DISTRICT AUTOMATIC TABULATING
23 EQUIPMENT OR, IN THE EVENT DISTRICT TABULATION IS NOT PROVIDED
24 FOR BY THE VOTING SYSTEM OR SUCH DISTRICT TABULATION EQUIPMENT
25 IS INOPERATIVE FOR ANY REASON, INTO A SECURE BALLOT BOX. NO
26 BALLOT CARD FROM WHICH THE STUB HAS BEEN DETACHED SHALL BE
27 ACCEPTED BY THE ELECTION OFFICER IN CHARGE OF SUCH EQUIPMENT OR
28 BALLOT BOX, BUT IT SHALL BE MARKED "SPOILED" AND SHALL BE PLACED
29 IN THE ENVELOPE MARKED "SPOILED BALLOTS."
30 SECTION 1113-A. POST ELECTION PROCEDURES.--(A) AS SOON AS
19790H0382B3706 - 30 -
1 THE POLLS HAVE BEEN CLOSED AND THE LAST ELECTOR HAS VOTED IN
2 DISTRICTS HAVING AN ELECTRONIC VOTING SYSTEM WHICH EMPLOYS PAPER
3 BALLOTS OR BALLOT CARDS, AND DISTRICT TABULATION IS PROVIDED
4 FOR, THE NUMBER OF SUCH BALLOTS ISSUED TO ELECTORS (AT PRIMARY
5 ELECTIONS, THE NUMBER ISSUED TO THE ELECTORS OF EACH PARTY), AS
6 SHOWN BY THE STUBS, AND THE NUMBER OF BALLOTS (AT PRIMARIES THE
7 NUMBER OF BALLOTS OF EACH PARTY), IF ANY, SPOILED AND RETURNED
8 BY VOTERS AND CANCELLED, SHALL BE ANNOUNCED TO ALL PRESENT IN
9 THE POLLING PLACE AND ENTERED ON THE GENERAL RETURNS OF VOTES
10 CAST AT SUCH PRIMARY OR ELECTION. THE DISTRICT ELECTION OFFICERS
11 SHALL THEN COMPARE THE NUMBER OF NAMES MARKED AS VOTING IN THE
12 DISTRICT REGISTER, "VOTING CHECK LIST" AND NUMBERED LISTS OF
13 VOTERS, SHALL ANNOUNCE THE RESULT, AND SHALL ENTER ON THE
14 GENERAL RETURNS THE NUMBER OF ELECTORS WHO HAVE VOTED, AS SHOWN
15 BY THE "VOTER'S CHECK LIST." ANY DIFFERENCES WHICH EXIST SHALL
16 BE RECONCILED WHERE POSSIBLE, AND WHERE RECONCILIATION IS NOT
17 POSSIBLE SUCH DIFFERENCES SHALL BE NOTED ON THE GENERAL RETURNS.
18 THE DISTRICT REGISTER, THE "VOTING CHECK LIST," THE NUMBERED
19 LISTS OF VOTERS AND THE STUBS OF ALL BALLOTS USED, TOGETHER WITH
20 ALL UNUSED BALLOTS, AND ALL SPOILED AND CANCELLED BALLOTS, AND
21 ALL REJECTED VOTERS CERTIFICATES SHALL THEN BE PLACED IN
22 SEPARATE PACKAGES, CONTAINERS OR ENVELOPES AND SEALED BEFORE THE
23 TABULATION OF ANY BALLOTS.
24 (B) IF BALLOTS ARE COMPUTED AND TABULATED IN THE ELECTION
25 DISTRICT, ALL WRITE-IN VOTES WHICH HAVE BEEN PROPERLY CAST AND
26 RECORDED ON THE VOTING DEVICE SHALL BE COUNTED AND RECORDED ON A
27 STANDARD FORM PROVIDED FOR THIS PURPOSE. DISTRICT TOTALS CARDS
28 OR OTHER APPROPRIATE DATA STORAGE DEVICE MAY ALSO BE PREPARED BY
29 THE DISTRICT BOARD OF ELECTION REFLECTING THE RESULTS OF THE
30 VOTING IN THAT DISTRICT. SUCH CARDS AND REPORTING FORMS OF
19790H0382B3706 - 31 -
1 WRITE-IN VOTE TABULATION SHALL BE DELIVERED TO THE COUNTY BOARD
2 OF ELECTIONS. IN CASES WHERE CENTRAL COUNTING IS UTILIZED,
3 WRITE-IN BALLOTS MAY BE RECORDED EITHER AT THE ELECTION DISTRICT
4 OR AT THE COUNTING CENTER.
5 (C) IN ANY CASE IN WHICH THE WRITE-IN BALLOT IS A SEPARATE
6 ENTITY FROM THE BALLOT OR BALLOT CARD, AND THE WRITE-IN BALLOT
7 HAS BEEN USED, BOTH SECTIONS SHALL BE GIVEN A UNIQUE IDENTIFYING
8 NUMBER PRIOR TO THEIR SEPARATION FOR TABULATION.
9 (D) IN RETURNING ANY VOTES CAST FOR ANY PERSON WHOSE NAME IS
10 NOT PRINTED ON THE OFFICIAL BALLOT, THE ELECTION OFFICERS SHALL
11 RECORD ANY SUCH NAMES EXACTLY AS THEY WERE WRITTEN, STAMPED OR
12 APPLIED TO THE BALLOT BY STICKER.
13 (E) IF, AS A RESULT OF AN OTHERWISE PROPERLY CAST WRITE-IN
14 VOTE, THE VOTER HAS REGISTERED MORE VOTES FOR AN OFFICE THAN HE
15 IS ENTITLED TO VOTE FOR THAT OFFICE, THE ENTIRE VOTE CAST FOR
16 THAT OFFICE SHALL BE VOID AND SHALL NOT BE COUNTED; AND SUCH
17 WRITE-IN BALLOTS SHALL BE FASTENED TO THE WRITE-IN VOTE
18 TABULATION FORM AND SHALL BE DELIVERED TO THE COUNTY BOARD OF
19 ELECTIONS.
20 (F) IN THE EVENT DISTRICT TABULATION OF VOTES IS PROVIDED
21 FOR BY THE VOTING SYSTEM, THE DISTRICT ELECTION OFFICERS SHALL,
22 IMMEDIATELY UPON THE CLOSE OF THE POLLS, CAUSE THE AUTOMATIC
23 TABULATING EQUIPMENT TO TABULATE THE BALLOTS CAST DURING THE
24 ELECTION AND SHALL PREPARE DUPLICATE RECORDS OF THE TOTAL NUMBER
25 OF VOTERS WHOSE BALLOTS HAVE BEEN TABULATED; THE TOTAL NUMBER OF
26 VOTES CAST FOR EACH CANDIDATE WHOSE NAME APPEARS ON THE BALLOT;
27 THE TOTAL NUMBER OF WRITE-IN VOTES PROPERLY CAST FOR EACH OFFICE
28 ON THE BALLOT; AND THE TOTAL NUMBER OF VOTES CAST FOR OR AGAINST
29 ANY QUESTION APPEARING ON THE BALLOT. ONE SUCH RECORD SHALL BE
30 PUBLICLY POSTED AT THE DISTRICT POLLING PLACE. ALL VOTES SO CAST
19790H0382B3706 - 32 -
1 AND TABULATED IN THE DISTRICT MAY ALSO BE RECORDED ON A DISTRICT
2 TOTALS CARD AND ALL PROPERLY CAST WRITE-IN VOTES MAY ALSO BE
3 RECORDED ON THE DISTRICT TOTALS CARD, AND THE DELIVERY OF SUCH
4 DISTRICT TOTALS CARDS AND REPORTING FORMS TO THE COUNTY BOARD OF
5 ELECTIONS SHALL BE THE RESPONSIBILITY OF THE JUDGE OF ELECTION.
6 THE MINORITY INSPECTOR SHALL KEEP DUPLICATE COPIES OF ALL SUCH
7 REPORTS AND RETURNS. AT THE CLOSE OF THE ELECTION AND AFTER THE
8 TABULATION OF ALL BALLOTS, THE AUTOMATIC TABULATING EQUIPMENT OR
9 OTHER COMPONENT OF THE VOTING SYSTEM WHICH CONTAINS BALLOTS
10 SHALL BE LOCKED AND SEALED SO THAT NO FURTHER BALLOTS MAY BE
11 DEPOSITED IN OR REMOVED FROM ANY SUCH EQUIPMENT OR COMPONENT,
12 AND ALL COMPONENTS OF THE VOTING SYSTEM, SUITABLY PACKAGED AND
13 SECURED FOR STORAGE, SHALL BE HELD FOR DELIVERY TO THE COUNTY
14 ELECTION BOARD.
15 (G) IN THE EVENT DISTRICT TABULATION OF VOTES IS NOT
16 PROVIDED FOR BY THE VOTING SYSTEM, THE JUDGE OF ELECTION SHALL
17 PREPARE A REPORT OF THE NUMBER OF VOTERS WHO HAVE VOTED, AS
18 INDICATED BY THE "VOTING CHECK LIST" AND NUMBERED LISTS OF
19 VOTERS POLL LIST. HE SHALL ALSO PREPARE A REPORT OF THE NUMBER
20 OF SPOILED BALLOTS AND THE NUMBER OF UNUSED BALLOTS. HE SHALL
21 DELIVER THE ORIGINAL COPY OF THIS REPORT TO THE COUNTY BOARD OF
22 ELECTIONS UNDER SEAL. THE MINORITY INSPECTOR SHALL KEEP A
23 DUPLICATE COPY OF THIS REPORT. THE JUDGE OF ELECTION AND
24 MINORITY INSPECTOR SHALL FORTHWITH DELIVER THE SEALED TRANSPORT
25 CARRIER CONTAINING ALL VOTED BALLOT CARDS TO THE COUNTY BOARD OF
26 ELECTIONS OR TO SUCH PLACES AS THE COUNTY BOARD MAY DESIGNATE.
27 THE COUNTY BOARD OF ELECTIONS MAY PROVIDE THAT THE BALLOT
28 CONTAINER AND REPORTS MAY UPON PROPER CERTIFICATION AND
29 SIGNATURE INSTEAD BE PICKED UP AT THE POLLING PLACES BY TWO
30 AUTHORIZED ELECTION DEPUTIES OF OPPOSITE PARTIES.
19790H0382B3706 - 33 -
1 (H) ALL REPORTS AND RETURNS SHALL BE SIGNED BY ALL DISTRICT
2 ELECTION OFFICERS.
3 (I) IN THE EVENT THAT DISTRICT TABULATION OF VOTES IS NOT
4 PROVIDED FOR BY THE VOTING SYSTEM, IT SHALL BE THE
5 RESPONSIBILITY OF THE COUNTY BOARD OF ELECTIONS TO MAKE
6 AVAILABLE TO THE PUBLIC AT THE CENTRAL TABULATING CENTER, THE
7 ELECTION RESULTS FOR EACH ELECTION DISTRICT. IT SHALL BE THE
8 FURTHER DUTY OF THE COUNTY BOARD OF ELECTIONS TO POST SUCH
9 RESULTS IN EACH ELECTION DISTRICT NO LATER THAN 5:00 P.M. OF THE
10 SECOND DAY FOLLOWING THE ELECTION.
11 SECTION 1114-A. RETURNS.--(A) BY THE FOURTH DAY PRIOR TO
12 EACH ELECTION, THE COUNTY BOARD OF ELECTIONS SHALL HAVE THE
13 CENTRAL AUTOMATIC TABULATING EQUIPMENT TESTED TO ASCERTAIN THAT
14 IT WILL ACCURATELY COUNT THE VOTES CAST FOR ALL OFFICES AND ALL
15 QUESTIONS. PUBLIC NOTICE OF THE TIME AND PLACE OF THE TEST SHALL
16 BE GIVEN AT LEAST FORTY-EIGHT HOURS PRIOR TO THE TEST BY
17 NEWSPAPER PUBLICATION IN THE COUNTY IN ACCORDANCE WITH SECTION
18 106, SUCH NOTICE TO BE PUBLISHED ONCE. THE TEST SHALL BE
19 CONDUCTED BY PROCESSING A PREAUDITED GROUP OF DISTRICT TOTALS
20 CARDS OR BALLOTS ON WHICH ARE RECORDED VOTES FOR EACH CANDIDATE
21 AND ON EACH QUESTION. IN SUCH TEST A DIFFERENT NUMBER OF VALID
22 VOTES SHALL BE ASSIGNED TO EACH CANDIDATE FOR AN OFFICE AND FOR
23 AND AGAINST EACH QUESTION. IF ANY ERROR IS DETECTED, THE CAUSE
24 OF IT SHALL BE ASCERTAINED AND CORRECTED AND AN ERRORLESS COUNT
25 SHALL BE MADE AND CERTIFIED TO BY THE COUNTY BOARD OF ELECTIONS
26 PRIOR TO ELECTION DAY. ALL TEST AND PROGRAM MATERIALS SHALL THEN
27 BE SEALED BY THE COUNTY BOARD OF ELECTIONS UNTIL THEIR USE ON
28 ELECTION DAY. THE CENTRAL AUTOMATIC TABULATING EQUIPMENT SHALL
29 PASS THE SAME TEST AT THE CONCLUSION OF THE ACTUAL ELECTION
30 COUNT BEFORE THE ELECTION RETURNS ARE APPROVED AS OFFICIAL. ON
19790H0382B3706 - 34 -
1 COMPLETION OF THE COUNT, THE PROGRAMS, TEST MATERIALS, AND
2 DISTRICT TOTALS CARDS OR BALLOTS SHALL BE SEALED AND RETAINED
3 ACCORDING TO THE PROVISIONS CONTAINED IN THIS ACT FOR THE
4 RETENTION OF PAPER BALLOTS.
5 (B) (1) ALL PROCEEDINGS AT THE CENTRAL TABULATION CENTER
6 SHALL BE UNDER THE DIRECTION OF THE COUNTY BOARD OF ELECTIONS OR
7 OF SUCH PERSONS AS IT MAY DESIGNATE AND SHALL BE CONDUCTED UNDER
8 THE OBSERVATION OF THE PUBLIC INSOFAR AS IS PRACTICAL, BUT NO
9 PERSONS EXCEPT THOSE AUTHORIZED FOR THE PURPOSE SHALL TOUCH ANY
10 BALLOT OR DISTRICT TOTALS CARD. ALL PERSONS WHO ARE ENGAGED IN
11 PROCESSING AND COUNTING THE BALLOTS AND DISTRICT TOTALS CARDS
12 SHALL BE DEPUTIZED AND TAKE AN OATH THAT THEY WILL FAITHFULLY
13 PERFORM THEIR ASSIGNED DUTIES.
14 (2) EACH POLITICAL PARTY OR POLITICAL BODY REPRESENTED ON
15 THE OFFICIAL BALLOT MAY HAVE ONE TECHNICALLY QUALIFIED PERSON,
16 AUTHORIZED BY THE COUNTY CHAIRMAN AND DEPUTIZED BY THE COUNTY
17 BOARD OF ELECTIONS, PRESENT DURING THE TESTING OF THE CENTRAL
18 AUTOMATIC TABULATING EQUIPMENT AND THE ACTUAL COUNTING OF THE
19 BALLOT OR DISTRICT TOTALS CARDS. SUCH PERSONS SHALL BE ALLOWED
20 TO MAKE INDEPENDENT TESTS OF THE EQUIPMENT PRIOR TO, DURING, AND
21 FOLLOWING THE VOTE COUNT: PROVIDED, HOWEVER, THAT SUCH TESTING,
22 SHALL IN NO WAY INTERFERE WITH THE OFFICIAL TABULATION OF THE
23 BALLOTS AND DISTRICT TOTALS CARDS. IN ADDITION, EACH POLITICAL
24 PARTY OR POLITICAL BODY SHALL BE ENTITLED TO HAVE OBSERVERS AT
25 THE CENTRAL TABULATION CENTER, IN A NUMBER, AS DETERMINED BY THE
26 COUNTY BOARD OF ELECTIONS, SUFFICIENT TO PERMIT ACCURATE
27 OBSERVATION OF THE RECEIPT, HANDLING, DUPLICATION, AND
28 PROCESSING OF ALL BALLOTS AND DISTRICT TOTALS CARDS.
29 (3) IF ANY BALLOTS OR DISTRICT TOTALS CARDS ARE DAMAGED OR
30 DEFECTIVE SO THAT THEY CANNOT PROPERLY BE COUNTED BY THE CENTRAL
19790H0382B3706 - 35 -
1 AUTOMATIC TABULATING EQUIPMENT, A TRUE DUPLICATE COPY SHALL BE
2 MADE AND SUBSTITUTED FOR ANY SUCH DAMAGED BALLOT OR CARD. ALL
3 SUCH DUPLICATE BALLOTS OR CARDS SHALL ALSO BE CLEARLY LABELED
4 "DUPLICATE," AND SHALL BEAR A SERIAL NUMBER WHICH SHALL BE
5 RECORDED ON THE DAMAGED OR DEFECTIVE BALLOT OR CARD.
6 (C) THE RETURN PRINTED BY THE CENTRAL AUTOMATIC TABULATING
7 EQUIPMENT, TO WHICH HAVE BEEN ADDED WRITE-IN VOTES AS RECORDED
8 ON THE DISTRICT REPORTING FORM AND ABSENTEE VOTES, SHALL, WHEN
9 CERTIFIED BY THE COUNTY BOARD OF ELECTIONS, CONSTITUTE THE
10 OFFICIAL RETURN OF EACH ELECTION DISTRICT. UPON COMPLETION OF
11 THE COUNT, THE OFFICIAL RETURNS SHALL BE OPEN TO THE PUBLIC.
12 (D) IF FOR ANY REASON IT BECOMES IMPRACTICABLE TO COUNT ALL
13 OR A PART OF THE BALLOTS OR DISTRICT TOTALS CARDS WITH AUTOMATIC
14 TABULATING EQUIPMENT, THE COUNTY BOARD OF ELECTIONS MAY DIRECT
15 THAT SUCH BALLOTS OR CARDS BE COUNTED MANUALLY, FOLLOWING AS FAR
16 AS PRACTICABLE THE PROVISIONS OF THIS ACT GOVERNING THE COUNTING
17 OF PAPER BALLOTS.
18 (E) DURING THE COURSE OF CENTRAL TABULATION OF BALLOTS OR
19 DISTRICT TOTALS CARDS, THE COUNTY BOARD OF ELECTIONS MAY
20 UNOFFICIALLY REPORT THE PROGRESS OF THE COUNT FOR EACH CANDIDATE
21 AND ON ANY QUESTION.
22 SECTION 1115-A. ABSENTEE BALLOTS.--ABSENTEE VOTES MAY BE
23 CAST ON PAPER BALLOTS OR ON BALLOT CARDS.
24 SECTION 1116-A. BALLOTS AND BALLOT LABELS; DISPOSITION.--(A)
25 UPON COMPLETION OF THE COUNT, ALL BALLOTS, ABSENTEE BALLOTS AND
26 DISTRICT TOTALS CARDS SHALL BE SECURELY PACKAGED, SUITABLY
27 LABELED AND SEALED, AND DELIVERED TO THE COUNTY BOARD OF
28 ELECTIONS. THE BOARD SHALL LIKEWISE PACKAGE AND SEAL A TRUE COPY
29 OF THE BALLOT LABEL USED IN EACH ELECTION DISTRICT. THEREAFTER
30 THESE PACKAGES ARE TO BE RETAINED AND DISPOSED OF IN THE SAME
19790H0382B3706 - 36 -
1 MANNER AS PAPER BALLOTS AND RELATED MATERIALS ARE DISPOSED OF
2 UNDER THE PROVISIONS OF THIS ACT.
3 (B) THE COUNTY BOARD OF ELECTIONS SHALL LIKEWISE PACKAGE AND
4 RETAIN ALL TABULATING CARDS AND OTHER MATERIALS USED IN THE
5 PREPARATION OF THE AUTOMATIC TABULATING EQUIPMENT BUT MAY HAVE
6 ACCESS TO THESE TABULATING CARDS AND OTHER MATERIALS. IT SHALL
7 NOT ALTER OR MAKE CHANGES TO THESE MATERIALS BUT MAY MAKE COPIES
8 OF THEM AND MAKE CHANGES TO THE COPIES, AND ALL SUCH MATERIALS
9 SHALL BE PRESERVED AND MAINTAINED BY THE BOARD IN ACCORDANCE
10 WITH THE TERMS OF SECTION 309.
11 SECTION 1117-A. STATISTICAL SAMPLE.--THE COUNTY BOARD OF
12 ELECTIONS, AS PART OF THE COMPUTATION AND CANVASS OF RETURNS,
13 SHALL CONDUCT A STATISTICAL RECOUNT OF A RANDOM SAMPLE OF
14 BALLOTS AFTER EACH ELECTION USING MANUAL, MECHANICAL OR
15 ELECTRONIC DEVICES OF A TYPE DIFFERENT THAN THOSE USED FOR THE
16 SPECIFIC ELECTION. THE SAMPLE SHALL INCLUDE AT LEAST TWO (2) PER
17 CENTUM OF THE VOTES CAST OR TWO THOUSAND (2,000) VOTES WHICHEVER
18 IS THE LESSER.
19 SECTION 1118-A. RECOUNTS.--SHOULD A RECOUNT OF VOTES BE
20 ORDERED AS PROVIDED BY LAW, THE BALLOTS SHALL BE RECOUNTED IN
21 ACCORDANCE WITH THE PROVISIONS OF ARTICLE XVII. MANUAL
22 MECHANICAL OR ELECTRONIC METHODS MAY BE USED AS DETERMINED BY
23 THE COUNTY BOARD.
24 SECTION 1119-A. VOTING BY BALLOT.--IF IN ANY CASE THE NUMBER
25 OF CANDIDATES NOMINATED OR SEEKING NOMINATION FOR ANY OFFICE, OR
26 IF A METHOD OF ELECTION FOR ANY CANDIDATE OR OFFICE WHICH IS
27 PRESCRIBED BY LAW, RENDERS THE USE OF AN ELECTRONIC VOTING
28 SYSTEM IMPRACTICABLE, OR IF, FOR ANY OTHER REASON THE USE OF AN
29 ELECTRONIC VOTING SYSTEM IS NOT POSSIBLE OR PRACTICABLE AT A
30 PARTICULAR ELECTION, THE COUNTY BOARD OF ELECTIONS MAY ARRANGE
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1 TO HAVE THE VOTING AT ANY SUCH ELECTION AND FOR ANY SUCH OFFICES
2 CONDUCTED BY PAPER BALLOTS. IN SUCH CASES, THE BALLOTS SHALL BE
3 PRINTED FOR ANY SUCH ELECTION OR OFFICE AND THE ELECTION SHALL
4 BE CONDUCTED BY THE ELECTION OFFICERS HEREIN PROVIDED FOR, AND
5 THE BALLOTS COUNTED AND THE RETURN THEREOF MADE IN THE MANNER
6 REQUIRED BY LAW FOR SUCH OFFICES INSOFAR AS PAPER BALLOTS ARE
7 USED.
8 SECTION 1120-A. UNOFFICIAL BALLOT LABELS; REPAIR AND
9 ALTERNATE USE OF PAPER BALLOTS.--(A) IF BALLOT LABELS FOR AN
10 ELECTION DISTRICT AT WHICH AN ELECTRONIC VOTING SYSTEM IS TO BE
11 USED, SHALL NOT BE DELIVERED TO THE ELECTION OFFICERS OF THAT
12 DISTRICT AS REQUIRED BY SECTION 1110-A, THE JUDGE OF ELECTION OF
13 SUCH DISTRICT SHALL CAUSE OTHER LABELS TO BE PREPARED, PRINTED,
14 OR WRITTEN, AS NEARLY IN THE FORM OF OFFICIAL BALLOT LABELS AS
15 PRACTICABLE, AND THE ELECTION OFFICERS SHALL CAUSE THE LABELS SO
16 SUBSTITUTED, TO BE USED AT THE ELECTION INSOFAR AS IS POSSIBLE
17 IN THE SAME MANNER AS THE OFFICIAL LABELS. SUCH LABELS, SO
18 SUBSTITUTED, SHALL BE KNOWN AS UNOFFICIAL BALLOT LABELS.
19 (B) IF ANY ELECTRONIC VOTING SYSTEM OR ANY COMPONENT THEREOF
20 BEING USED IN ANY ELECTION SHALL BECOME INOPERABLE DURING SUCH
21 ELECTION, IT SHALL, IF POSSIBLE, BE REPAIRED OR ANOTHER MACHINE
22 SUBSTITUTED BY THE CUSTODIAN OR COUNTY BOARD OF ELECTIONS AS
23 PROMPTLY AS POSSIBLE, FOR WHICH PURPOSE THE COUNTY BOARD MAY
24 PURCHASE AS MANY EXTRA SYSTEMS OR SYSTEM COMPONENTS AS IT MAY
25 DEEM NECESSARY, BUT IN CASE SUCH REPAIR OR SUBSTITUTION CANNOT
26 BE MADE, PAPER BALLOTS, EITHER PRINTED OR WRITTEN AND OF ANY
27 SUITABLE FORM, MAY BE USED FOR REGISTERING VOTES.
28 SECTION 1121-A. CUSTODY OF ELECTRONIC VOTING SYSTEMS AND
29 KEYS.--(A) THE COUNTY BOARD OF ELECTIONS SHALL DESIGNATE A
30 PERSON OR PERSONS WHO SHALL HAVE THE CUSTODY OF THE COUNTY'S
19790H0382B3706 - 38 -
1 ELECTRONIC VOTING SYSTEM AND ITS COMPONENTS AND OF THE KEYS
2 THEREFOR WHEN THE SYSTEM IS NOT IN USE AT AN ELECTION, AND THE
3 BOARD SHALL PROVIDE FOR HIS COMPENSATION AND FOR THE SAFE
4 STORAGE AND CARE OF THE SYSTEM AND PLACEMENT OF ITS KEYS IN A
5 SECURITY VAULT.
6 (B) ALL ELECTRONIC VOTING SYSTEMS AND THEIR COMPONENTS, WHEN
7 NOT IN USE, SHALL BE PROPERLY BOXED OR COVERED AND STORED IN A
8 SUITABLE PLACE OR PLACES.
9 SECTION 1122-A. CONSTRUCTION.--THE PROVISIONS OF THIS
10 ARTICLE SHALL CONSTITUTE AN ADDITIONAL METHOD OF VOTING AND ALL
11 PROVISIONS OF THIS ACT SHALL BE CONSTRUED TO BE IN FULL FORCE
12 AND EFFECT UNLESS INCONSISTENT WITH THE PROVISIONS OF THIS
13 ARTICLE.
14 SECTION 5. SECTION 1303 OF THE ACT, AMENDED AUGUST 13, 1963
15 (P.L.707, NO.379), IS AMENDED TO READ:
16 SECTION 1303. OFFICIAL ABSENTEE VOTERS BALLOTS.--(A) IN
17 DISTRICTS IN WHICH BALLOTS ARE USED, THE BALLOTS FOR USE BY SUCH
18 ABSENTEE ELECTORS UNDER THE PROVISIONS OF THIS ACT SHALL BE THE
19 OFFICIAL BALLOTS PRINTED IN ACCORDANCE WITH SECTIONS 1002 AND
20 1003: PROVIDED, HOWEVER, THAT THE COUNTY BOARD OF ELECTIONS WHEN
21 DETACHING THE OFFICIAL BALLOTS FOR ABSENTEE ELECTORS SHALL BE
22 REQUIRED TO INDICATE ON THE STUB OF EACH BALLOT SO DETACHED THE
23 NAME OF THE APPLICANT TO WHICH THAT PRECISE BALLOT IS BEING
24 SENT. THE COUNTY BOARD OF ELECTIONS SHALL ALSO BE REQUIRED TO
25 REMOVE THE NUMBERED STUB FROM EACH SUCH BALLOT AND SHALL
26 THEREUPON PRINT, STAMP OR ENDORSE IN RED COLOR UPON SUCH
27 OFFICIAL BALLOTS THE WORDS, OFFICIAL ABSENTEE BALLOT. SUCH
28 BALLOTS SHALL BE DISTRIBUTED BY SUCH BOARDS AS HEREINAFTER
29 PROVIDED.
30 (B) IN DISTRICTS IN WHICH VOTING MACHINES ARE USED AND IN
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1 THOSE DISTRICTS IN WHICH PAPER BALLOTS ARE USED AND THE COUNTY
2 BOARD OF ELECTIONS THEREIN DO NOT PRINT OFFICIAL ABSENTEE
3 BALLOTS IN ACCORDANCE WITH SECTIONS 1002 AND 1003, THE BALLOTS
4 FOR USE BY SUCH ABSENTEE ELECTORS UNDER THE PROVISIONS OF THIS
5 ACT SHALL BE PREPARED SUFFICIENTLY IN ADVANCE BY THE COUNTY
6 BOARD OF ELECTIONS AND SHALL BE DISTRIBUTED BY SUCH BOARDS AS
7 HEREINAFTER PROVIDED. SUCH BALLOTS SHALL BE MARKED OFFICIAL
8 ABSENTEE BALLOT BUT SHALL NOT BE NUMBERED AND SHALL OTHERWISE BE
9 IN SUBSTANTIALLY THE FORM FOR BALLOTS REQUIRED BY ARTICLE TEN OF
10 THIS ACT, WHICH FORM SHALL BE DETERMINED AND PRESCRIBED BY THE
11 SECRETARY OF THE COMMONWEALTH.
12 (C) IN DISTRICTS IN WHICH ELECTRONIC VOTING SYSTEMS ARE
13 UTILIZED, THE ABSENTEE BALLOT MAY BE IN THE FORM OF A BALLOT
14 CARD WHICH SHALL BE CLEARLY STAMPED ON ITS FACE "ABSENTEE
15 BALLOT."
16 (D) IN CASES WHERE THERE IS NOT TIME, IN THE OPINION OF THE
17 COUNTY BOARDS OF ELECTION, TO PRINT ON SAID BALLOTS THE NAMES OF
18 THE VARIOUS CANDIDATES FOR DISTRICT, COUNTY, AND LOCAL OFFICES,
19 THE BALLOTS SHALL CONTAIN BLANK SPACES ONLY UNDER THE TITLES OF
20 SUCH OFFICES IN WHICH ELECTORS MAY INSERT THE NAMES OF THE
21 CANDIDATES FOR WHOM THEY DESIRE TO VOTE, AND IN SUCH CASES THE
22 COUNTY BOARDS OF ELECTION SHALL FURNISH TO ELECTORS LISTS
23 CONTAINING THE NAMES OF ALL THE CANDIDATES NAMED IN NOMINATION
24 PETITIONS OR WHO HAVE BEEN REGULARLY NOMINATED UNDER THE
25 PROVISIONS OF THIS ACT, FOR THE USE OF SUCH ELECTORS IN
26 PREPARING THEIR BALLOTS.
27 SECTION 6. SECTION 1308 OF THE ACT IS AMENDED BY ADDING A
28 SUBSECTION TO READ:
29 SECTION 1308. CANVASSING OF OFFICIAL ABSENTEE BALLOTS.--
30 * * *
19790H0382B3706 - 40 -
1 (B.1) (1) IN THE EVENT THAT AN ELECTRONIC VOTING SYSTEM
2 PROVIDES FOR CENTRAL TABULATIONS OF BALLOTS, SUCH ABSENTEE
3 BALLOTS SHALL BE OPENED AND DEPOSITED IN THE BALLOT BOX WITHOUT
4 BEING COUNTED EXCEPT AS TO THE NUMBER OF ABSENTEE BALLOTS CAST.
5 THE ABSENTEE BALLOTS SHALL BE COUNTED ALONG WITH THE OTHER
6 BALLOTS FROM THE ELECTION DISTRICT AT THE LOCATION AND IN THE
7 MANNER SPECIFIED BY THE COUNTY BOARD OF ELECTIONS AND PROVIDED
8 FOR BY THE ELECTRONIC VOTING SYSTEM UTILIZED.
9 (2) IN THE EVENT THAT AN ELECTRONIC VOTING SYSTEM PROVIDES
10 FOR TABULATION OF VOTES AT THE ELECTION DISTRICT, SUCH ABSENTEE
11 BALLOTS SHALL BE OPENED, CHECKED FOR WRITE-IN VOTES IN
12 ACCORDANCE WITH SECTION 1113-A AND THEN EITHER HAND-COUNTED OR
13 COUNTED BY MEANS OF THE AUTOMATIC TABULATION EQUIPMENT, WHATEVER
14 THE CASE MAY BE.
15 * * *
16 SECTION 7. SUBSECTION (D) OF SECTION 1404 OF THE ACT IS
17 AMENDED BY ADDING CLAUSES TO READ:
18 SECTION 1404. COMPUTATION OF RETURNS BY COUNTY BOARD;
19 CERTIFICATION; ISSUANCE OF CERTIFICATES OF ELECTION.--
20 * * *
21 (D) * * *
22 (4) IN DISTRICTS WHERE ELECTRONICALLY TABULATED BALLOTS ARE
23 USED IN CONJUNCTION WITH CENTRAL BALLOT TABULATION, THE RETURN
24 BOARD SHALL COMPARE THE NUMBER OF PERSONS VOTING AS INDICATED ON
25 THE COMPUTER RETURN SHEETS, WITH THE NUMBER VOTING AS INDICATED
26 ON THE SEALED GENERAL RETURN FROM THE ELECTION DISTRICT. IN THE
27 CASE OF A DISCREPANCY, THE PROCEDURES SPECIFIED FOR PAPER
28 BALLOTS IN SUBSECTION (D)(1) SHALL BE FOLLOWED.
29 (5) IN DISTRICTS WHERE BALLOTS ARE TABULATED AT THE ELECTION
30 DISTRICT, THE PROCEDURES SPECIFIED FOR PAPER BALLOTS IN
19790H0382B3706 - 41 -
1 SUBSECTION (D)(1) SHALL BE FOLLOWED.
2 * * *
3 Section 1 8. Subsection (d) of section 1626, act of June 3, <--
4 1937 (P.L.1333, No.320), known as the "Pennsylvania Election
5 Code," AND SECTION 1628 OF THE ACT, amended ADDED October 4, <--
6 1978 (No.171) (P.L.893, NO.171), is ARE amended to read: <--
7 Section 1626. Reporting by Candidate and Political
8 Committees and other Persons.
9 * * *
10 (d) Pre-election reports by candidates for offices to be
11 voted for by the electors of the State at large and all
12 political committees, which have expended money for the purpose
13 of influencing the election of such candidate, shall be filed
14 not later than [forty-five (45) days] the sixth Tuesday before
15 and [ten (10) days prior to] the second Friday before an
16 election, provided that the initial pre-election report shall be
17 complete as of fifty (50) days prior to the election and the
18 subsequent pre-election report shall be complete as of fifteen
19 (15) days prior to the election. Pre-election reports by all
20 other candidates and political committees which have received
21 contributions or made expenditures for the purpose of
22 influencing an election shall be filed not later than [ten (10)
23 days prior to] the second Friday before an election, provided
24 that such report be complete as of fifteen (15) days prior to
25 the election.
26 * * * <--
27 SECTION 1628. LATE CONTRIBUTIONS AND INDEPENDENT
28 EXPENDITURES.--
29 ANY CANDIDATE OR POLITICAL COMMITTEE, AUTHORIZED BY A
30 CANDIDATE AND CREATED SOLELY FOR THE PURPOSE OF INFLUENCING AN
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1 ELECTION ON BEHALF OF THAT CANDIDATE, WHICH RECEIVES ANY
2 CONTRIBUTION OR PLEDGE OF FIVE HUNDRED DOLLARS ($500) OR MORE,
3 AND ANY PERSON MAKING AN INDEPENDENT EXPENDITURE, AS DEFINED BY
4 THIS ACT, OF FIVE HUNDRED DOLLARS ($500) OR MORE AFTER THE FINAL
5 PRE-ELECTION REPORT HAS BEEN DEEMED COMPLETED SHALL REPORT SUCH
6 CONTRIBUTION, PLEDGE OR EXPENDITURE TO THE APPROPRIATE
7 SUPERVISOR BY TELEGRAM OR MAILGRAM. SUCH TELEGRAM OR MAILGRAM
8 SHALL BE SENT BY THE CANDIDATE, CHAIRMAN OR TREASURER OF THE
9 POLITICAL COMMITTEE WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT OF
10 THE CONTRIBUTION. IT SHALL BE THE DUTY OF THE SUPERVISOR TO
11 CONFIRM THE SUBSTANCE OF SUCH TELEGRAM OR MAILGRAM. ANY
12 CANDIDATE IN HIS OWN BEHALF, OR CHAIRMAN, [OR] TREASURER OR
13 CANDIDATE IN BEHALF OF THE POLITICAL COMMITTEE MAY ALSO COMPLY
14 WITH THIS SECTION BY APPEARING PERSONALLY BEFORE SUCH SUPERVISOR
15 AND REPORTING SUCH LATE CONTRIBUTIONS OR PLEDGES.
16 Section 2 9. This act shall take effect January 1, 1980 <--
17 IMMEDIATELY. <--
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