PRINTER'S NO. 484
No. 35 Session of 2005
INTRODUCED BY ERICKSON, M. WHITE, GORDNER, RHOADES, D. WHITE,
RAFFERTY, PILEGGI, PIPPY, EARLL, TOMLINSON, ORIE, WONDERLING,
PICCOLA, ARMSTRONG AND BRIGHTBILL, MARCH 28, 2005
REFERRED TO STATE GOVERNMENT, MARCH 28, 2005
A CONCURRENT RESOLUTION
1 Forming a select committee to consider issues that arose during
2 the preparations for and conduct of the November 2, 2004,
3 election in Pennsylvania and to examine and investigate the
4 laws, practices and procedures relating to the election.
5 WHEREAS, Interest in and turnout at the election held on
6 November 2, 2004, reached historic levels, as more than 5.7
7 million Pennsylvanians cast their ballots on election day; and
8 WHEREAS, Pennsylvania's military and overseas electors
9 demonstrated a strong interest in participating in this
10 important election, despite the roadblocks some encountered as
11 they sought to exercise their franchise; and
12 WHEREAS, Litigation surrounding Ralph Nader's appearance on
13 the ballot in Pennsylvania caused delays in mailing absentee
14 ballots to military and overseas electors, and families of these
15 electors sought an extension in the deadline for receipt and
16 counting of absentee ballots; and
17 WHEREAS, Civilian absentee voters also encountered delays in
18 receiving requested absentee ballots due to the Nader
1 litigation; and
2 WHEREAS, A substantial number of young Pennsylvanians
3 registered to vote for the first time prior to the November 2,
4 2004, election, and many of these young people cast their votes
5 using absentee ballots; and
6 WHEREAS, The Commonwealth's election laws must ensure that
7 qualified absentee electors are able to receive and cast their
8 absentee ballots in a timely fashion, while at the same time
9 these laws must limit opportunities for fraud, particularly
10 among individuals who are not qualified to cast an absentee
11 ballot; and
12 WHEREAS, The Department of State dispatched election monitors
13 to each county to observe the conduct of elections throughout
14 election day, and some counties expressed concern regarding the
15 practice and questioned what authority these individuals have
16 over election processes at the county level; and
17 WHEREAS, The General Assembly enacted Act 97 of 2004 to
18 strengthen the integrity of provisional balloting and establish
19 a chain of custody for each provisional ballot; and
20 WHEREAS, More than 56,000 provisional ballots were cast in
21 this Commonwealth on the day of the November 2, 2004, election;
22 and
23 WHEREAS, It is imperative that laws, practices and procedures
24 relating to issues that arose during the preparations for and
25 conduct of the November 2, 2004, election in Pennsylvania,
26 including absentee voting, protections against election fraud,
27 the role of the Secretary of the Commonwealth in local election
28 administration and voting by provisional ballot, are sufficient
29 to ensure the conduct of fair elections; therefore be it
30 RESOLVED (the House of Representatives concurring), That the
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1 General Assembly, recognizing that fair elections are the
2 foundation of democracy, form a select committee to do all of
3 the following:
4 (1) Consider issues that arose during the preparations
5 for and conduct of the November 2, 2004, election in
6 Pennsylvania, including absentee voting, protections against
7 election fraud, the role of the Secretary of the Commonwealth
8 in local election administration and voting by provisional
9 ballot.
10 (2) Examine and investigate the laws, practices and
11 procedures relating to the election;
12 and be it further
13 RESOLVED, That the committee consist of ten members of the
14 General Assembly appointed as follows:
15 (1) Three members of the House of Representatives, who
16 shall be appointed by the Speaker of the House of
17 Representatives.
18 (2) Two members of the House of Representatives, who
19 shall be appointed by the Minority Leader of the House of
20 Representatives.
21 (3) Three members of the Senate, who shall be appointed
22 by the President pro tempore of the Senate.
23 (4) Two members of the Senate, who shall be appointed by
24 the Minority Leader of the Senate;
25 and be it further
26 RESOLVED, That the Speaker of the House of Representatives
27 appoint a committee member from the House of Representatives as
28 a cochairman of the committee and the President pro tempore of
29 the Senate shall appoint a committee member from the Senate as
30 cochairman of the committee; and be it further
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1 RESOLVED, That the committee may hold hearings, take
2 testimony and conduct its investigations at such places in this
3 Commonwealth as it deems necessary. The committee, with the
4 approval of the Speaker of the House of Representatives and the
5 President pro tempore of the Senate, may issue subpoenas under
6 the hand and seal of the cochairmen commanding any person to
7 appear before the committee and to answer questions touching
8 matters properly being inquired into by the committee and to
9 produce books, papers, records and documents as the committee
10 deems necessary. The subpoenas may be served upon any person and
11 shall have the same effect as subpoenas issued out of the courts
12 of this Commonwealth and any person who willfully neglects or
13 refuses to testify before the committee or to produce any books,
14 papers, records or documents shall be subject to the penalties
15 provided by the laws of this Commonwealth in such case. Each
16 member of the committee shall have power to administer oaths and
17 affirmations to witnesses appearing before the committee; and be
18 it further
19 RESOLVED, That the actual expenses incurred by the committee
20 be equally divided between the House of Representatives and the
21 Senate; and be it further
22 RESOLVED, That the committee, with the approval of the
23 Speaker of the House of Representatives and the President pro
24 tempore of the Senate, report its findings, together with its
25 recommendations for any remedial legislation or other
26 appropriate action, at the earliest practicable date to the
27 Speaker of the House of Representatives and the President pro
28 tempore of the Senate. The committee, with the approval of the
29 Speaker of the House of Representatives and the President pro
30 tempore of the Senate, is authorized to issue interim reports as
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1 it deems necessary.
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