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PRIOR PRINTER'S NO. 3731
PRINTER'S NO. 3774
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2502
Session of
2020
INTRODUCED BY MIHALEK, MAY 12, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 18, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of State
and its departmental administrative board, providing for
report on implementation of 2020 general primary election.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding a
section to read:
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Section 815. Report on Implementation of 2020 General
Primary Election.--(a) No later than thirty SIXTY days after
the 2020 general primary election under Article XVIII-B of the
act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, the Department of State shall issue
a report to the chairperson and minority chairperson of the
State Government Committee of the Senate and the chairperson and
minority chairperson of the State Government Committee of the
House of Representatives. A copy of the report shall also be
made available on the Department of State's publicly accessible
Internet website.
(b) The report under subsection (a) shall include all of the
following relating to the administration of the 2020 general
primary election by the Department of State, a county board of
elections under Article III of the Pennsylvania Election Code or
a registration commission established under 25 Pa.C.S. ยง 1203
(relating to commissions).
(1) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
received by the county board of elections.
(2) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were received
by the county board of elections.
(3) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were approved
by the county board of elections.
(5) For each county and the sum for this Commonwealth, the
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number of absentee ballots which were voted by the electors.
(6) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were voted by the electors.
(7) For each county and the sum for this Commonwealth, the
number of qualified electors voting by a provisional ballot
under section 1306(b)(2) of the Pennsylvania Election Code.
(8) For each county and the sum for this Commonwealth, the
number of qualified electors voting by provisional ballot under
section 1306-D(b)(2) of the Pennsylvania Election Code.
(9) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot by an individual
who was not a registered elector at the time of the application
and for whom a voter registration application was timely
received after the application for an absentee ballot was
received.
(10) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot by an individual who
was not a registered elector at the time of the application and
for whom a voter registration application was timely received.
(11) For each county and the sum for this Commonwealth, the
number of voter registration applications under section 1231 of
the Pennsylvania Election Code and 25 Pa.C.S. Pt. IV (relating
to voter registration) which were received:
(i) Fewer than thirty days before the 2020 general primary
election.
(ii) Fewer than fifteen days before the 2020 general primary
election.
(12) For each county and the sum for this Commonwealth, the
number of election officers appointed under section 1801-B of
the Pennsylvania Election Code.
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(13) For each county and the sum for this Commonwealth, the
number of polling places consolidated under section 1802-B of
the Pennsylvania Election Code.
(14) For each county and the sum for this Commonwealth, the
number of polling places consolidated under section 1802-B of
the Pennsylvania Election Code which required approval of the
Department of State under section 1802-b(a)(3) of the
Pennsylvania Election Code.
(15) For each county and the sum for this Commonwealth, the
number of polling places located in a location permitted under
section 1803-B of the Pennsylvania Election Code.
(16) For each county and the sum for this Commonwealth, the
number of polling places in school buildings.
(17) For each county, the date and time that the county
board of elections began pre-canvassing absentee ballots and
mail-in ballots under section 1308(g)(2) of the Pennsylvania
Election Code.
(18) For each county, the date and time that the county
board of elections began canvassing absentee ballots and mail-in
ballots under section 1308(g)(2) of the Pennsylvania Election
Code.
(19) For each county and the sum for this Commonwealth, the
number of absentee ballots which were challenged under section
1302.2(c) of the Pennsylvania Election Code.
(20) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were challenged under section
1302.2-D(a)(2) of the Pennsylvania Election Code.
(21) For each county and the sum for this Commonwealth, the
number of absentee ballots subject to challenges under paragraph
(19) which were not canvassed.
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(22) For each county and the sum for this Commonwealth, the
number of mail-in ballots subject to challenges under paragraph
(20) which were not canvassed.
(23) The number of incidents known to the Department of
State, county board of elections or registration commission
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to
the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by
an individual other than the individual who applied for the
absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means other than
the elector sending the absentee ballot or mail-in ballot by
mail or delivery in person.
(24) To the extent consistent with Federal and State law, a
review of any action taken by the Department of State, county
board of elections or registration commission in response to an
incident under paragraph (22) (23) , including determinations
made on the incident, legal actions filed and referrals to law
enforcement.
(25) A review of issues or incidents encountered with an
electronic voting system that received the approval of the
Secretary of the Commonwealth under section 1105-A of the
Pennsylvania Election Code, including any technical issues
encountered in polling places.
(c) The Department of State shall develop a process to
collect data required to be included in the report under
subsection (b) from each county board of elections under Article
III of the Pennsylvania Election Code or registration commission
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under 25 Pa.C.S. Pt. IV, as applicable. A county board of
elections or registration commission shall timely comply with
the process for submission of data under this subsection . NO
LATER THAN FORTY-FIVE DAYS AFTER THE 2020 GENERAL PRIMARY
ELECTION UNDER ARTICLE XVIII-B OF THE PENNSYLVANIA ELECTION
CODE.
Section 2. This act shall take effect immediately.
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