Regular Session 2019-2020 Senate Bill 0048 P.N. 0584

PRIOR PRINTER'S NO. 24

PRINTER'S NO. 584

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2019

INTRODUCED BY GORDNER, FOLMER, LANGERHOLC, MARTIN, HUTCHINSON,

DiSANTO, YAW, BARTOLOTTA, K. WARD, WHITE, STEFANO AND

J. WARD, JANUARY 11, 2019

SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, APRIL 9, 2019

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, in conduct of elections, providing for voting

systems.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part IX of Title 25 of the Pennsylvania

Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 31

VOTING SYSTEMS

Subchapter

A. Preliminary Provisions

B. Voting Machines (Reserved)

C. Electronic Voting Systems (Reserved)

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

3101. Definitions.

3102. Decertification.

§ 3101. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Election Code." The act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

"Electronic voting system." As defined in section 1101-A of

the Election Code.

"Voting apparatus." A kind or type of any of the following:

(1) An electronic voting system.

(2) A voting machine.

"Voting machine." A voting machine as described under

Article XI of the Election Code.

§ 3102. Decertification.

(a) Prohibition.--The Commonwealth may not disapprove of or

decertify voting apparatuses in 50% or more counties until the

requirements of this subchapter have been met .

(b) Plan.--If the Commonwealth intends to disapprove or

decertify voting apparatuses in 50% or more counties, the

Department of State must submit a written plan to the President

Pro Tempore of the Senate and the Speaker of the House of

Representatives at least 180 days prior to the effective date of

replacement, containing each of the following:

(1) The reason for disapproval or decertification.

(2) The estimated cost to replace the disapproved or

decertified voting apparatuses and the plan for how funding

is anticipated to be obtained.

(3) A plan for replacing the disapproved or decertified

voting apparatuses.

(4) The effective date of replacement.

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(1) Within 10 days of receipt of the written plan under

subsection (b) by the President Pro Tempore of the Senate and

the Speaker of the House of Representatives, a c ommission

shall be established. The commission shall, within 90 days of

establishment, do all of the following:

(i) Review the written plan.

(ii) Hold at least two public hearings on the

matter, including the plan submitted under subsection

(b).

(iii) Issue a written report consistent with

subparagraph (iv) to each of the following:

(A) The President Pro Tempore of the Senate.

(B) The Majority Leader of the Senate

(D) The Speaker of the House of Representatives.

(E) The Majority Leader of the House of

Representatives.

(F) The Minority Leader of the House of

Representatives.

(G) The majority and minority chair of the State

Government Committee of the Senate and the majority

and minority chair of the State Government Committee

of the House of Representatives.

(iv) The written report shall include all of the

following:

(A) An estimated cost for the written plan and

estimated costs for the implementation of other

voting apparatuses and how the costs will be divided.

(B) Written justification for disapproval or

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decertification.

COMMISSION.

necessary, including draft legislation.

(2) The commission shall be composed of the following

members:

(i) Two members appointed by the Governor, one of

whom shall be a county commissioner AND ONE OF WHOM SHALL

BE A COUNTY ELECTION OFFICER at the time of appointment.

(ii) The Secretary of State THE COMMONWEALTH OR A

DESIGNEE .

(iii) A member appointed by the President Pro

Tempore of the Senate.

(iv) A member appointed by the Minority Leader of

the Senate.

(v) A member appointed by the Speaker of the House

of Representatives.

(vi) A member appointed by the Minority Leader of

the House of Representatives.

(III) 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 OR THEIR DESIGNEES.

(IV) ONE LEGISLATOR FROM EACH OF THE FOUR

LEGISLATIVE CAUCUSES, TO BE APPOINTED BY THE PRESIDENT

PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF

REPRESENTATIVES, IN CONSULTATION WITH THE MAJORITY LEADER

AND MINORITY LEADER OF THE SENATE AND THE MAJORITY LEADER

AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR

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THEIR DESIGNEES.

(3) THE COMMISSION SHALL APPOINT A MEMBER TO SERVE AS

CHAIR OF THE COMMISSION.

(4) THE COMMISSION SHALL HOLD MEETINGS AT THE CALL OF

THE CHAIR.

(5) THE GENERAL ASSEMBLY SHALL PROVIDE ADMINISTRATIVE

SUPPORT, MEETING SPACE AND ANY OTHER ASSISTANCE REQUIRED BY

THE COMMISSION TO CARRY OUT ITS DUTIES UNDER THIS SECTION IN

COOPERATION WITH THE DEPARTMENT.

(6) A MEMBER MAY NOT RECEIVE COMPENSATION FOR THE

MEMBER'S SERVICES, BUT SHALL BE REIMBURSED FOR NECESSARY

TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN CONNECTION

WITH THE PERFORMANCE OF THE MEMBER'S DUTIES AS MEMBERS OF THE

COMMISSION.

SUBCHAPTER B

VOTING MACHINES

(Reserved)

SUBCHAPTER C

ELECTRONIC VOTING SYSTEMS

(Reserved)

Section 2. This act shall take effect immediately.

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