Regular Session 2023-2024 House Bill 2054 P.N. 2621

PRINTER'S NO. 2621

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2054

Session of

2024

INTRODUCED BY M. MACKENZIE, R. MACKENZIE, BERNSTINE, GREINER,

HAMM, KAUFFMAN, MOUL, ROWE, RYNCAVAGE, SCHEUREN, SCIALABBA,

WARNER, RADER AND GILLEN, FEBRUARY 22, 2024

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 22, 2024

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 electronic voting systems, providing for

defects, disclosure, investigations and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, is amended by adding a

section to read:

Section 1121.1-A. Defects, Disclosure, I nvestigations and

Penalties.-- (a) 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 an electronic voting

system or the fact that there is no known defect, the effect of

any defect on the operation and use of the approved electronic

voting system and any known corrective measures to cure a

defect, including advisories and bulletins issued to electronic

voting system users.

(b) Implementation of corrective measures approved by the

department which enable an electronic voting 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.

the vendor shall file a new disclosure with the department as

provided under subsection (a) within thirty days of the date the

vendor determined or reasonably should have determined that the

defect existed.

(d) If a vendor discloses to the department that a defect

exists, the department may suspend all sales or leases of the

electronic voting system in this Commonwealth and may suspend

the use of the electronic voting 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.

(e) If a vendor fails to file a required disclosure for an

electronic voting system previously approved by the department,

that electronic voting system may not be sold, leased or used

for elections in this Commonwealth until the electronic 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 electronic voting system is

20240HB2054PN2621 - 2 -

no longer approved.

(f) If the department has reasonable cause to believe an

electronic voting system approved under this act contains a

defect either before, during or after an election which has not

been disclosed under this section, the department shall

investigate whether the electronic voting system has a defect.

(g) 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 an electronic voting system

that contains the alleged defect.

(h) Upon initiation of an investigation, the department

shall provide written notice to the vendor and each county board

of elections.

(i) If the department determines by a preponderance of the

evidence that a defect exists in the electronic voting system,

or that the 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.

(j) A vendor who receives notice of a defect shall, within

ten days of receipt of the notice under subsection (i), file a

written response to the department which:

(1) denies that the alleged defect exists or existed as

alleged by the department or that the vendor failed to timely

disclose a defect and provide the reasons for the denial; or

(2) admits that the defect exists or existed as alleged by

the department or that the vendor failed to timely disclose a

defect.

(k) If the defect has been cured, the vendor shall provide

an explanation of how the defect was cured.

(l) If the defect has not been cured, the vendor shall

20240HB2054PN2621 - 3 -

inform the department whether the defect can be cured and shall

provide the department with a plan for curing the defect.

(m) If the defect can be cured, the department shall

establish a time frame within which to cure the defect.

(n) 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.

(o) If the department determines that a vendor failed to

timely disclose a defect or that a defect 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

twenty-five thousand dollars ($25,000) for the defect plus an

amount equal to the actual costs incurred by the department in

conducting the investigation.

(p) If the department finds that a defect existed:

(1) The department may suspend all sales and leases of the

electronic 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 an electronic 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

electronic voting system in any election in this Commonwealth.

The department shall provide written notice that the suspension

has been lifted to each affected vendor and county board of

elections.

20240HB2054PN2621 - 4 -

(3) If the defect cannot be cured, the department may

disapprove the electronic voting system for use in elections in

this Commonwealth. The department shall provide written notice

to all county boards of elections that the electronic voting

system is no longer approved. After approval of an electronic

voting system that has been withdrawn under this paragraph, the

electronic voting 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 an electronic voting system for approval

by the department or enter into a contract for sale or lease of

an electronic 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.

(q) The department shall prepare a written report of any

investigation conducted under 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.

(r) The authority of the department under this section shall

be in addition to, and not exclusive of, any other authority

provided by law.

(s) For the purposes of this section:

"Defect" means a failure, fault or flaw in an electronic or

electro-mechanical electronic voting system approved under this

20240HB2054PN2621 - 5 -

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 electronic

voting system manufacturer or vendor to make available and

provide approved replacements of hardware or software to the

counties that have purchased the approved electronic voting

system, the unavailability of which results in the electronic

voting system's nonconformance with the standards in a manner

that affects the timeliness or accuracy of the casting or

counting of ballots.

"Department" means the Department of State of the

Commonwealth.

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

20240HB2054PN2621 - 6 -