PRINTER'S NO. 1110

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 983 Session of 1991


        INTRODUCED BY VEON, DeWEESE, ROBINSON, STISH, ARMSTRONG,
           JOSEPHS, LAUGHLIN, CAPPABIANCA, LESCOVITZ, COLAIZZO,
           KRUSZEWSKI, ARGALL, SAURMAN, MELIO, KUKOVICH, MIHALICH,
           KOSINSKI, BELARDI, LEVDANSKY, MUNDY, OLASZ, RICHARDSON,
           LINTON, THOMAS, MAIALE, HUGHES, NAHILL, CIVERA, BILLOW,
           TELEK, VROON, HASAY, JAMES, BUNT, McNALLY AND GIGLIOTTI,
           APRIL 3, 1991

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 3, 1991

                                     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," providing for the modernization of election
    12     equipment upon the approval of the electors of counties; and
    13     providing for grants to counties for a portion of the cost.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  The act of June 3, 1937 (P.L.1333, No.320), known
    17  as the Pennsylvania Election Code, is amended by adding an
    18  article to read:
    19                           ARTICLE XVII-A
    20                Modernization of Election Equipment
    21     Section 1701-A.  Authorization of Electronic Voting System

     1  Use.--Any county may, by a majority vote of its qualified
     2  registered electors voting thereon, cast at any primary or
     3  election, authorize and direct the county board of elections to
     4  use an electronic voting system approved and certified by the
     5  Secretary of the Commonwealth.
     6     Section 1702-A.  Placing Question on Ballot.--(a)  The county
     7  election board may, upon their own motion, or shall, upon the
     8  filing of a petition with them signed by qualified electors of
     9  the county equal in number to at least ten (10) per centum of
    10  the total number of electors who voted in the county at the
    11  preceding general or municipal election, submit to the qualified
    12  registered electors of the county, at the next primary or
    13  election, the question "Shall an electronic voting system be
    14  used at polling places in the county of        ?"
    15     (b)  The county board shall cause the said question to be
    16  submitted at the primary or election, in accordance with the
    17  provisions of this act relating to elections.
    18     (c)  The election on said question shall be held at the
    19  places, during the hours, and under the regulations, provided by
    20  law for holding primaries and elections, and shall be conducted
    21  by the election officers provided by law to conduct such
    22  elections. The election officers shall count the votes cast at
    23  the elections on said question, and shall make return thereof to
    24  the county election board of the county, as required by law.
    25  Said returns shall be computed by the county election board, or
    26  other return board, and, when so computed, a certificate of the
    27  total number of electors voting "Yes" and of the total number of
    28  electors voting "No" on such question shall be filed in the
    29  office of the county election board, and copies thereof,
    30  certified by the county election board, shall forthwith be
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     1  furnished to the Secretary of the Commonwealth and to the county
     2  commissioners or other appropriate authority of the county.
     3     (d)  If a majority of the electors of any county voting on
     4  such question shall vote against the question, said question
     5  shall not again be submitted to the voters of such county within
     6  a period of one hundred three (103) weeks.
     7     (e)  Whenever, under the provisions of this act, the question
     8  of the modernization of election equipment is to be submitted to
     9  the electors of any county, the county board of elections shall
    10  publicize, demonstrate and inform the electors of the county of
    11  the specific electronic system proposed to be used, and inform
    12  the electors that fifty (50) per centum of the approved cost
    13  thereof will be paid to the county by a grant from the
    14  Commonwealth.
    15     Section 1703-A.  Action on Approval by Electors.--If a
    16  majority of the qualified registered electors voting on the
    17  question in any county vote in favor of the use of an electronic
    18  voting system, the county board of elections of that county
    19  shall prepare a plan describing the installation of the
    20  electronic election system it proposes to use in such form and
    21  with such explanation as may be required by the Secretary of the
    22  Commonwealth and submit the plan together with an application
    23  for a grant for payment of a portion of the cost thereof to the
    24  Secretary of the Commonwealth. The application shall be made on
    25  a form prepared and furnished by the Secretary of the
    26  Commonwealth.
    27     Section 1704-A.  Grants.--Upon application from a county, the
    28  Secretary of the Commonwealth shall award to the county a grant
    29  in the amount of fifty (50) per centum of the cost of projects
    30  for modernization of election equipment set forth in the plan
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     1  which is approved by the secretary.
     2     Section 1705-A.  Installation.--Upon receipt of a grant as
     3  provided for in section 1704-A, the county board of elections
     4  shall promptly undertake the approved projects for installation
     5  of an electronic voting system. The portion of the cost of the
     6  installation beyond the grant received from the Secretary of the
     7  Commonwealth shall be borne by the county.
     8     Section 2.  The sum of $10,000,000, or as much thereof as may
     9  be necessary, is hereby appropriated to the Department of State
    10  for use by the Secretary of the Commonwealth in making grants
    11  authorized by this act.
    12     Section 3.  This act shall take effect in 60 days.












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