Regular Session 2021-2022 Senate Bill 0982 P.N. 1856

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1264, 1855

PRINTER'S NO. 1856

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

982

Session of

2021

INTRODUCED BY BAKER, PHILLIPS-HILL, MARTIN, LAUGHLIN,

BARTOLOTTA, MENSCH, J. WARD, SCAVELLO, STEFANO, AUMENT, DUSH

AND BROOKS, DECEMBER 10, 2021

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JULY 7, 2022

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 preliminary provisions, providing for public

funding of elections.

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 PRELIMINARY PROVISIONS, PROVIDING FOR PUBLIC

FUNDING OF ELECTIONS; IN COUNTY BOARDS OF ELECTIONS, FURTHER

PROVIDING FOR POWERS AND DUTIES OF COUNTY BOARDS;

ESTABLISHING THE ELECTION INTEGRITY GRANT PROGRAM; AND, IN

PENALTIES, PROVIDING FOR VIOLATION OF PUBLIC FUNDING OF

ELECTIONS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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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 107. Public Funding of Elections.--(a) The cost and

expense to State and local governments relating to the

registration of voters and the preparation, administration and

conduct of elections in this Commonwealth shall be funded only

upon lawful appropriation of the Federal, State and local

governments, and the source of funding shall be limited to money

derived from taxes, fees and other sources of public revenue.

(b) State and local governments, including their public

officers, public officials, employees and agents, may not

solicit, apply for, enter into a contract for or receive or

expend gifts, donations, grants or funding from any individual,

business, organization, trust, foundation, or any

nongovernmental entity for the registration of voters or the

preparation, administration or conducting of an election in this

Commonwealth.

collection of fees authorized by law or to the donation or use

of:

(1) a location for voting purposes;

(2) services that are provided without remuneration; or

(3) goods that have a nominal value of less than one hundred

($100) dollars.

(d) A person who violates this section commits a felony of

the second degree.

Section 2. This act shall take effect in 90 days.

SECTION 1. THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN

AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED BY ADDING A

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SECTION TO READ:

SECTION 107. PUBLIC FUNDING OF ELECTIONS.--(A) THE COST AND

EXPENSE TO STATE AND LOCAL GOVERNMENTS RELATING TO THE

REGISTRATION OF VOTERS AND THE PREPARATION, ADMINISTRATION AND

CONDUCT OF ELECTIONS IN THIS COMMONWEALTH SHALL BE FUNDED ONLY

UPON LAWFUL APPROPRIATION OF THE FEDERAL, STATE AND LOCAL

GOVERNMENTS, AND THE SOURCE OF FUNDING SHALL BE LIMITED TO MONEY

DERIVED FROM TAXES, FEES AND OTHER SOURCES OF PUBLIC REVENUE.

(B) STATE AND LOCAL GOVERNMENTS, INCLUDING THEIR PUBLIC

OFFICERS, PUBLIC OFFICIALS, EMPLOYEES AND AGENTS, ACTING IN

THEIR OFFICIAL CAPACITY, MAY NOT SOLICIT, APPLY FOR, ENTER INTO

A CONTRACT FOR OR RECEIVE OR EXPEND GIFTS, DONATIONS, GRANTS OR

FUNDING FROM ANY INDIVIDUAL, BUSINESS, ORGANIZATION, TRUST,

FOUNDATION, OR ANY NONGOVERNMENTAL ENTITY FOR THE REGISTRATION

OF VOTERS OR THE PREPARATION, ADMINISTRATION OR CONDUCTING OF AN

ELECTION IN THIS COMMONWEALTH.

COLLECTION OF FEES AUTHORIZED BY LAW OR TO THE DONATION OR USE

OF:

(1) A LOCATION FOR VOTING PURPOSES;

(2) SERVICES THAT ARE PROVIDED WITHOUT REMUNERATION; OR

(3) GOODS THAT HAVE A NOMINAL VALUE OF LESS THAN ONE HUNDRED

($100) DOLLARS.

SECTION 2. SECTION 302(M) OF THE ACT IS AMENDED TO READ:

SECTION 302. POWERS AND DUTIES OF COUNTY BOARDS.--THE COUNTY

BOARDS OF ELECTIONS, WITHIN THEIR RESPECTIVE COUNTIES, SHALL

EXERCISE, IN THE MANNER PROVIDED BY THIS ACT, ALL POWERS GRANTED

TO THEM BY THIS ACT, AND SHALL PERFORM ALL THE DUTIES IMPOSED

UPON THEM BY THIS ACT, WHICH SHALL INCLUDE THE FOLLOWING:

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(M) TO PREPARE AND SUBMIT, [WITHIN TWENTY DAYS AFTER THE

LAST DAY TO REGISTER TO VOTE IN] NOT LATER THAN FIVE DAYS PRIOR

TO EACH PRIMARY, MUNICIPAL AND GENERAL ELECTION, A REPORT TO THE

SECRETARY OF THE COMMONWEALTH IN THE FORM PRESCRIBED BY HIM,

WHICH SHALL CONTAIN A STATEMENT OF THE TOTAL NUMBER OF ELECTORS

REGISTERED IN EACH ELECTION DISTRICT, TOGETHER WITH A BREAKDOWN

OF REGISTRATION BY EACH POLITICAL PARTY OR OTHER DESIGNATION.

COPIES OF SAID STATEMENT SHALL BE FURNISHED, UPON REQUEST, TO

THE COUNTY CHAIRMAN OF EACH POLITICAL PARTY AND POLITICAL BODY.

THE SECRETARY OF THE COMMONWEALTH SHALL FORTHWITH SUBMIT SUCH

INFORMATION TO THE LEGISLATIVE DATA PROCESSING CENTER AND SHALL

PUBLICLY REPORT THE TOTAL NUMBER OF REGISTERED ELECTORS FOR EACH

POLITICAL PARTY OR OTHER DESIGNATION IN EACH COUNTY [NOT LATER

THAN FIVE DAYS PRIOR TO THE PRIMARY, MUNICIPAL OR GENERAL

ELECTION] PRIOR TO ELECTION DAY.

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SECTION 2.1. THE ACT IS AMENDED BY ADDING AN ARTICLE TO

READ:

ARTICLE XVI-A

ELECTION INTEGRITY GRANT PROGRAM

SECTION 1601-A. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ACCOUNT." THE ELECTION INTEGRITY RESTRICTED ACCOUNT

ESTABLISHED UNDER SECTION 1732-A.2 OF THE ACT OF APRIL 9, 1929

(P.L.343, NO.176), KNOWN AS THE FISCAL CODE .

"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT OF THE COMMONWEALTH.

"PROGRAM." THE ELECTION INTEGRITY GRANT PROGRAM ESTABLISHED

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UNDER SECTION 1602-A.

SECTION 1602-A. FUNDING FOR ELECTIONS.

(A) ELECTION INTEGRITY GRANT PROGRAM.--THE ELECTION

INTEGRITY GRANT PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT TO

PROVIDE GRANTS TO COUNTIES FOR THE ADMINISTRATION OF ELECTIONS.

(B) A PPROPRIATION.--MONEY IN THE ACCOUNT IS APPROPRIATED TO

THE DEPARTMENT ON A CONTINUING BASIS FOR THE PURPOSES UNDER THIS

ARTICLE.

(D) APPLICATION.--THE FOLLOWING SHALL APPLY:

(1) BY AUGUST 1, 2022, AND EACH AUGUST 1 THEREAFTER, THE

DEPARTMENT SHALL BEGIN ACCEPTING APPLICATIONS FROM COUNTIES

SEEKING GRANT MONEY UNDER THIS SECTION. THE DEPARTMENT SHALL

DEVELOP A FORM FOR A COUNTY TO CERTIFY THAT THE COUNTY

INTENDS TO USE GRANT MONEY FOR AN ELIGIBLE USE UNDER

SUBSECTION (F).

(2) IF A COUNTY IS SEEKING GRANTS UNDER THIS SECTION,

THE COUNTY SHALL APPLY TO THE DEPARTMENT NO LATER THAN AUGUST

15, 2022, AND EACH AUGUST 15 THEREAFTER.

(E) DISTRIBUTION.--EACH COUNTY SHALL BE ENTITLED TO AN

ALLOTMENT EQUAL TO THE TOTAL AMOUNT APPROPRIATED TO THE PROGRAM

UNDER THIS SECTION MULTIPLIED BY THE QUOTIENT OF THE COUNTY'S

NUMBER OF REGISTERED VOTERS DIVIDED BY THE TOTAL NUMBER OF

REGISTERED VOTERS IN ALL COUNTIES. FOR THE PURPOSES OF THIS

SUBSECTION, THE DEPARTMENT SHALL USE THE COUNTY'S TOTAL NUMBER

OF REGISTERED VOTERS FOR THE MOST RECENT PRIMARY ELECTION AS

CERTIFIED TO THE SECRETARY OF THE COMMONWEALTH UNDER SECTION

302(M).

(F) ELIGIBLE USES.--A COUNTY SHALL USE GRANT MONEY AWARDED

UNDER THIS SECTION FOR ANY OF THE FOLLOWING PURPOSES:

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(1) PAYMENT OF STAFF NEEDED TO PRE-CANVASS AND CANVASS

MAIL-IN BALLOTS AND ABSENTEE BALLOTS.

(2) PHYSICAL SECURITY AND TRANSPARENCY COSTS FOR

CENTRALIZED PRE-CANVASSING AND CANVASSING.

(3) POST-ELECTION PROCEDURES REQUIRED UNDER THIS ACT.

(4) LIST MAINTENANCE ACTIVITIES UNDER 25 PA.C.S. §

1901(B)(1) AND (3) (RELATING TO REMOVAL OF ELECTORS).

(5) THE PRINTING OF BALLOTS.

(6) TRAINING COSTS FOR DISTRICT ELECTION OFFICIALS.

(7) PAYMENT OF STAFF AT POLLING PLACES ON ELECTION DAY.

(8) SECURE PREPARATION, TRANSPORTATION, STORAGE AND

MANAGEMENT OF VOTING APPARATUSES, TABULATION EQUIPMENT AND

REQUIRED POLLING PLACE MATERIALS.

(9) COSTS OF COUNTY BOARD OF ELECTION DUTIES RELATED TO

PROCESSING OF VOTER REGISTRATION APPLICATIONS.

(G) PAYMENTS.--THE DEPARTMENT SHALL MAKE PAYMENTS TO

COUNTIES THAT APPLIED FOR A GRANT UNDER THIS SECTION NO LATER

THAN SEPTEMBER 1, 2022, AND EACH SEPTEMBER 1 THEREAFTER.

(H) REPORTING.--NO LATER THAN 90 DAYS AFTER THE DATE OF EACH

GENERAL, MUNICIPAL AND PRIMARY ELECTION, A COUNTY THAT RECEIVED

A GRANT UNDER THIS SECTION SHALL REPORT TO THE DEPARTMENT, THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE STATE GOVERNMENT

COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON STATE GOVERNMENT COMMITTEE OF THE HOUSE OF

REPRESENTATIVES, ON A FORM PRESCRIBED BY THE DEPARTMENT OF

STATE, HOW THE COUNTY USED THE GRANT MONEY RECEIVED UNDER THIS

SECTION.

(I) CLAWBACK.--IF A COUNTY FAILS TO SUBSTANTIALLY COMPLY

WITH THE REQUIREMENTS OF THIS SECTION, THE COUNTY SHALL RETURN

THE GRANT MONEY RECEIVED TO THE DEPARTMENT FOR DEPOSIT INTO THE

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ACCOUNT. IF A COUNTY FAILS TO RETURN THE GRANT MONEY, THE COUNTY

SHALL BE INELIGIBLE TO RECEIVE GRANTS THROUGH THE PROGRAM FOR A

PERIOD OF ONE YEAR.

(J) GRANT AGREEMENT.--THE GRANT AGREEMENT BETWEEN THE

DEPARTMENT AND THE COUNTY UNDER THIS SECTION SHALL INCLUDE THE

FOLLOWING REQUIREMENTS FOR COUNTIES:

(1) THE COUNTY SHALL BEGIN PRE-CANVASSING AT 7 A.M. ON

ELECTION DAY AND SHALL CONTINUE WITHOUT INTERRUPTION UNTIL

EACH MAIL-IN BALLOT AND ABSENTEE BALLOT RECEIVED BY 7 A.M. ON

ELECTION DAY IS PRE-CANVASSED.

(2) THE COUNTY SHALL BEGIN CANVASSING MAIL-IN BALLOTS

AND ABSENTEE BALLOTS AT 8 P.M. ON ELECTION DAY AND SHALL

CONTINUE WITHOUT INTERRUPTION UNTIL EACH BALLOT HAS BEEN

CANVASSED.

(3) NO LATER THAN 12:01 A.M. ON THE DAY FOLLOWING THE

ELECTION, THE COUNTY BOARD OF ELECTIONS SHALL ANNOUNCE AND

POST ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE AN

UNOFFICIAL NUMBER OF ABSENTEE BALLOTS AND MAIL-IN BALLOTS

RECEIVED FOR THE ELECTION.

(4) A COUNTY SHALL CERTIFY TO THE DEPARTMENT THAT THE

COUNTY HAS COMPLETED A PROGRAM UNDER 25 PA.C.S. § 1901(B)(1)

AND MAILED NOTICES REQUIRED UNDER 25 PA.C.S. § 1901(B)(3)

WITHIN THE PRIOR 12 MONTHS.

(5) THE OUTCOME OF ANY POST-ELECTION AUDIT REQUIRED

UNDER THIS ACT SHALL BE SUBMITTED WITH THE CERTIFICATION TO

THE SECRETARY OF THE COMMONWEALTH OF THE RESULTS OF THE

PRIMARY OR GENERAL ELECTION UNDER SECTION 302(K) AND SHALL BE

POSTED ON THE DEPARTMENT OF STATE'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

SECTION 1603-A. COUNTY REPORT.

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(A) REPORT.--NO LATER THAN 75 DAYS AFTER THE EFFECTIVE DATE

OF THIS SECTION, EACH COUNTY BOARD OF ELECTIONS SHALL CONDUCT AN

INTERNAL REVIEW OF PRACTICES AND CERTIFY TO THE DEPARTMENT OF

STATE THAT THE COUNTY IS IN COMPLIANCE WITH EACH OF THE

FOLLOWING:

(1) APPROVAL OF VOTER REGISTRATION APPLICATIONS UNDER 25

PA.C.S. § 1328(A) (RELATING TO APPROVAL OF VOTER REGISTRATION

APPLICATIONS).

(2) CANCELLATION OF DECEASED ELECTORS UNDER 25 PA.C.S. §

1505 (RELATING TO DEATH OF REGISTRANT).

(3) VOTER REMOVAL PROGRAMS UNDER 25 PA.C.S. § 1901(B)(1)

AND (3) (RELATING TO REMOVAL OF ELECTORS).

(4) SAFE KEEPING OF VOTED BALLOTS UNDER SECTIONS 1308(A)

AND 1113-A.

(5) ENFORCING THE VOTER IDENTIFICATION PROVISIONS OF

SECTIONS 1302.2(B) AND 1302.2-D.

(6) PRE-CANVASSING AND CANVASSING OF ABSENTEE BALLOTS

AND MAIL-IN BALLOTS UNDER SECTION 1308.

(B) POSTING.--THE CERTIFICATION BY EACH COUNTY UNDER

SUBSECTION (A) SHALL BE POSTED ON THE DEPARTMENT OF STATE'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE.

SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1855. VIOLATION OF PUBLIC FUNDING OF ELECTIONS.--ANY

PERSON WHO VIOLATES SECTION 107 SHALL BE GUILTY OF A MISDEMEANOR

OF THE SECOND DEGREE AND SHALL, UPON CONVICTION THEREOF, BE

SENTENCED TO PAY A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS

($5,000), OR TO UNDERGO AN IMPRISONMENT OF NOT MORE THAN TWO (2)

YEARS, OR BOTH, IN THE DISCRETION OF THE COURT.

SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF SECTIONS 107 AND 1855 OF THE ACT

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SHALL TAKE EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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