PRINTER'S NO. 1397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1081
Session of
2024
INTRODUCED BY PHILLIPS-HILL, ROTHMAN, BAKER, HUTCHINSON, REGAN
AND DUSH, FEBRUARY 23, 2024
REFERRED TO STATE GOVERNMENT, FEBRUARY 23, 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, further providing
for statistical sample.
The General Assembly finds and declares that enhanced
bipartisan post-election audits of election outcomes are in the
best interest of Pennsylvania voters to reinforce effective
election administration, confirm election outcomes and increase
public confidence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1117-A of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended to read:
Section 1117-A. [Statistical Sample.--The county board of
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elections, as part of the computation and canvass of returns,
shall conduct a statistical recount of a random sample of
ballots after each election using manual, mechanical or
electronic devices of a type different than those used for the
specific election. The sample shall include at least two (2) per
centum of the votes cast or two thousand (2,000) votes whichever
is the lesser.] Post-Election Ballot Audit.--(a) After each
regularly scheduled primary and general election, each county
board of elections shall participate in a bipartisan post-
election ballot audit in accordance with the following:
(1) The audit shall include a review of a random sample of
paper ballots cast in one or more selected Statewide or county
contests.
(2) The audit shall be facilitated by the department.
(3) The audit shall include the contested race at the top of
the ballot and, if existing, an additional Statewide contest to
be randomly selected by the department. The following are not
eligible for selection:
(i) An uncontested race.
(ii) A race for which a full recount has been ordered.
(4) The department shall identify, approve and employ an
audit method that provides a high statistical confidence that
the election outcome in each audited Statewide contest is
correct. All department-approved audit methods shall be
consistent with best practices in the field, including methods
approved by the National Academies of Sciences and the American
Statistical Association.
(5) The department shall direct and oversee the process to
randomly select the ballots necessary to confirm the accuracy of
the election outcome for the Statewide races, based on the
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statistical methods and on the margin between the winning and
the losing candidate or measure.
(6) During and after the audit, the department shall publish
detailed audit data that allows the public to verify the random
sample, audit calculations and audit results as soon as
practicable.
(7) The department and each county shall provide public
notice in accordance with 65 Pa.C.S. Ch. 7 (relating to open
meetings) of the time and place of the audit processes. The
audit shall be conducted in public view to permit observation
and within feasible election operations. Under no circumstances
may any member of the public:
(i) Touch ballots or other official materials.
(ii) In any way impede the process.
(8) The audit:
(i) Shall take into account all forms of validly cast
ballots, including in person, absentee, mail-in and provisional
ballots.
(ii) May include hand-marked, ballot marking device-marked
and disability tool-marked ballots.
(9) Each audit participant shall swear or affirm that the
participant will support, obey and defend the Constitution of
the United States and the Constitution of Pennsylvania and that
the participant will discharge the duties of the audit with
fidelity.
(10) Each official participating in the audit shall ensure
that each ballot examined during the audit is protected from
loss, substitution, alternation or addition.
(11) The department shall provide any necessary
instructions, software and other materials to the county boards
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to carry out these audits.
(12) The audit process and oversight, including ballot
review and reporting of votes, shall be conducted by teams of no
less than two officials and no greater than three officials
representing a partisan balance which shall include the two
principal political parties, and may include additional
unaffiliated voters. Each audit team member shall be appointed
by the county board of elections from a pool of competent
persons who are qualified registered electors of the county and
who meet the above criteria. Any audit team vacancy occurring at
any time preceding or on the day of the audit shall be filled by
appointment by the county board of elections according to the
above criteria.
(b) The following shall apply:
(1) The post-election ballot audits must be completed during
the official canvass before a county board finalizes the
certification of official election returns before the third
Monday after the primary or general election.
(2) The secretary may extend the county certification
deadline if:
(i) The extension is necessary to complete the audit.
(ii) The extension does not impair other deadlines.
(3) If the results of the audit confirm to a high degree of
statistical confidence that the originally reported contest
outcome was correct, the contests shall be certified by the
county and the secretary.
(4) If the initial audit result fails to confirm to a high
degree of statistical confidence that the originally reported
contest outcome was correct, the following shall apply:
(i) Within forty-eight hours, the secretary shall direct
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relevant counties to commence appropriate action to confirm or
determine the outcome.
(ii) The action may include further investigation or
expanding the size and scope of the ballot sample, including, if
necessary, a full hand count of all ballots cast for the audited
contest.
(5) If the official results of the audit process conclude a
different outcome than the originally reported results, the
winner determined by the audit shall replace the originally
reported winner.
(6) During and after the audit, the department shall publish
detailed audit data that allows the public to verify the random
sample, audit calculations and audit results as soon as
practicable.
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department" shall mean the Department of State of the
Commonwealth.
"Paper ballot" shall mean the original of all forms of
validly cast and counted ballots, including qualified in-person,
absentee, mail-in and provisional ballots, and may include hand
marked, ballot marking device-marked and disability tool-marked
ballots.
"Post-election ballot audit" shall mean a post-election
process that involves visual, human inspection of a random
sample of paper ballots to verify votes cast in one or more
selected contests, as determined and facilitated by the
department.
"Secretary" shall mean the Secretary of the Commonwealth.
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Section 2. This act shall take effect in 60 days.
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