See other bills
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same topic
HOUSE AMENDED
PRIOR PRINTER'S NOS. 24, 584, 1037,
1076
PRINTER'S NO. 1080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
48
Session of
2019
INTRODUCED BY GORDNER, FOLMER, LANGERHOLC, MARTIN, HUTCHINSON,
DiSANTO, YAW, BARTOLOTTA, K. WARD, WHITE, STEFANO AND
J. WARD, JANUARY 11, 2019
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 26, 2019
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in conduct of elections, providing for voting
systems.
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 BALLOTS, FURTHER PROVIDING FOR FORM OF
OFFICIAL ELECTION BALLOT AND FOR NUMBER OF BALLOTS TO BE
PRINTED AND SPECIMEN BALLOTS; IN VOTING MACHINES, FURTHER
PROVIDING FOR REQUIREMENTS OF VOTING MACHINES AND FOR FORM OF
BALLOT LABELS ON VOTING MACHINES; IN ELECTRONIC VOTING
SYSTEMS, FURTHER PROVIDING FOR REQUIREMENTS OF ELECTRONIC
VOTING SYSTEMS, FOR FORMS AND FOR ELECTION DAY PROCEDURES AND
THE PROCESS OF VOTING; PROVIDING FOR VOTING SYSTEMS
DECERTIFICATION AND FOR VOTING SYSTEMS BONDS; ESTABLISHING
THE COUNTY VOTING SYSTEM REIMBURSEMENT ACCOUNT; IN
PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS,
FURTHER PROVIDING FOR INSTRUCTIONS OF VOTERS AND MANNER OF
VOTING IN DISTRICTS IN WHICH VOTING MACHINES ARE USED, FOR
COUNT AND RETURN OF VOTES IN DISTRICTS IN WHICH BALLOTS ARE
USED AND FOR WHAT BALLOTS SHALL BE COUNTED, MANNER OF
COUNTING AND DEFECTIVE BALLOTS; AND, IN VOTING BY QUALIFIED
ABSENTEE ELECTORS, FURTHER PROVIDING FOR DATE OF APPLICATION
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FOR ABSENTEE BALLOT, FOR APPROVAL OF APPLICATION FOR ABSENTEE
BALLOT, FOR VOTING BY ABSENTEE ELECTORS AND, FOR CANVASSING
OF OFFICIAL ABSENTEE BALLOTS AND FOR PUBLIC RECORDS.
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.
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31
§ 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.
(c) Voting System Decertification Commission.--
(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.
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(B) The Majority Leader of the Senate
(C) The Minority 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
decertification.
(C) Each dissenting opinion of a member of the
commission.
(D) Recommended legislative action, if
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 the Commonwealth or a
designee .
(iii) The chair and minority chair of the State
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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
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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SECTION 1. SECTIONS 1003(A), 1007, 1107(B), 1110(H), 1107-
A(3), 1109-A(A)(2) AND (D) AND 1112-A(A)(2) AND (4) OF THE ACT
OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA
ELECTION CODE, ARE AMENDED TO READ:
SECTION 1003. FORM OF OFFICIAL ELECTION BALLOT.--
(A) THE OFFICIAL BALLOTS FOR GENERAL, MUNICIPAL AND SPECIAL
ELECTIONS SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
OFFICIAL BALLOT
....................... DISTRICT, ........................ WARD,
CITY OF ........................, COUNTY OF ...................,
STATE OF PENNSYLVANIA ..........................................
ELECTION HELD ON THE .......... DAY OF ................, [19]
20.....
A CROSS (X) OR CHECK ( ) MARK IN THE SQUARE OPPOSITE THE NAME OF
ANY CANDIDATE INDICATES A VOTE FOR THAT CANDIDATE.
[TO VOTE A STRAIGHT PARTY TICKET, MARK A CROSS (X) OR CHECK
( ) IN THE SQUARE, IN THE PARTY COLUMN, OPPOSITE THE NAME OF THE
PARTY OF YOUR CHOICE. TO VOTE FOR AN INDIVIDUAL CANDIDATE OF
ANOTHER PARTY AFTER MAKING A MARK IN THE PARTY SQUARE, MARK A
CROSS (X) OR CHECK ( ) OPPOSITE HIS NAME. FOR AN OFFICE WHERE
MORE THAN ONE CANDIDATE IS TO BE VOTED FOR, THE VOTER, AFTER
MARKING IN THE PARTY SQUARE, MAY DIVIDE HIS VOTE BY MARKING A
CROSS (X) OR CHECK ( ) TO THE RIGHT OF EACH CANDIDATE FOR WHOM
HE OR SHE DESIRES TO VOTE. FOR SUCH OFFICE VOTES SHALL NOT BE
COUNTED FOR CANDIDATES NOT INDIVIDUALLY MARKED.]
TO VOTE FOR A PERSON WHOSE NAME IS NOT ON THE BALLOT, WRITE,
PRINT OR PASTE [HIS] THE VOTER'S NAME IN THE BLANK SPACE
PROVIDED FOR THAT PURPOSE. A CROSS (X) OR CHECK ( ) MARK IN THE
SQUARE OPPOSITE THE NAMES OF THE CANDIDATES OF ANY PARTY FOR
PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES INDICATES A
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VOTE FOR ALL THE CANDIDATES OF THAT PARTY FOR PRESIDENTIAL
ELECTOR. TO VOTE FOR INDIVIDUAL CANDIDATES FOR PRESIDENTIAL
ELECTOR, WRITE, PRINT OR PASTE THEIR NAMES IN THE BLANK SPACES
PROVIDED FOR THAT PURPOSE UNDER THE TITLE "PRESIDENTIAL
ELECTORS." MARK BALLOT ONLY IN BLACK LEAD PENCIL, INDELIBLE
PENCIL OR BLUE, BLACK OR BLUE-BLACK INK, IN FOUNTAIN PEN OR BALL
POINT PEN; USE THE SAME PENCIL OR PEN FOR ALL MARKINGS YOU PLACE
ON THE BALLOT.
BEFORE LEAVING THE VOTING COMPARTMENT, FOLD THIS BALLOT,
WITHOUT DISPLAYING THE MARKINGS THEREON, IN THE SAME WAY IT WAS
FOLDED WHEN RECEIVED, THEN LEAVE THE COMPARTMENT AND EXHIBIT THE
BALLOT TO ONE OF THE ELECTION OFFICERS WHO SHALL ASCERTAIN BY AN
INSPECTION OF THE NUMBER APPEARING UPON THE RIGHT HAND CORNER OF
THE BACK OF THE BALLOT WHETHER THE BALLOT SO EXHIBITED TO [HIM]
THE VOTER IS THE SAME BALLOT WHICH THE ELECTOR RECEIVED BEFORE
ENTERING THE VOTING COMPARTMENT. IF IT IS THE SAME, THE ELECTION
OFFICER SHALL DIRECT THE ELECTOR, WITHOUT UNFOLDING THE BALLOT,
TO REMOVE THE PERFORATED CORNER CONTAINING THE NUMBER, AND THE
ELECTOR SHALL IMMEDIATELY DEPOSIT THE BALLOT IN THE BALLOT BOX.
ANY BALLOT DEPOSITED IN A BALLOT BOX AT ANY PRIMARY OR ELECTION
WITHOUT HAVING THE SAID NUMBER TORN OFF SHALL BE VOID AND SHALL
NOT BE COUNTED.
[PARTY COLUMN PRESIDENTIAL ELECTORS
TO VOTE A STRAIGHT PARTY TICKET
MARK A CROSS (X) OR CHECK ( ) IN
THIS COLUMN.
(VOTE FOR THE CANDIDATES OF
ONE PARTY FOR PRESIDENT AND
VICE-PRESIDENT, OR INSERT THE
NAMES OF CANDIDATES.)
DEMOCRATIC
FOR
JOHN STILES
AND
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RICHARD DOE,
DEMOCRATIC ...................
REPUBLICAN
FOR
JOHN DOE
AND
RICHARD ROE,
REPUBLICAN ...................
SOCIALIST
FOR
JOHN SMITH
AND
WILLIAM JONES,
SOCIALIST ....................
CITIZENS]
PRESIDENTIAL ELECTORS.
(VOTE FOR THE CANDIDATES OF ONE PARTY FOR PRESIDENT AND VICE
PRESIDENT, OR INSERT THE NAMES OF CANDIDATES)
FOR
JOHN STILES AND RICHARD DOE......................... DEMOCRATIC
FOR
JOHN DOE AND RICHARD ROE............................ REPUBLICAN
FOR
JOHN SMITH AND WILLIAM JONES......................... SOCIALIST
FOR
........................ CITIZENS
UNITED STATES SENATOR.
(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
GOVERNOR.
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(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
REPRESENTATIVES IN CONGRESS,
....... DISTRICT.
(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
SENATOR IN THE GENERAL ASSEMBLY,
....... DISTRICT.
(VOTE FOR ONE)
JOHN DOE ............................................ DEMOCRATIC
RICHARD ROE ......................................... REPUBLICAN
* * *
SECTION 1007. NUMBER OF BALLOTS TO BE PRINTED; SPECIMEN
BALLOTS.--(A) THE COUNTY BOARD OF EACH COUNTY SHALL PROVIDE FOR
EACH ELECTION DISTRICT [IN WHICH A PAPER BALLOT IS USED IN A
PRIMARY [IS] OR ELECTION TO BE HELD, [ONE BOOK OF FIFTY OFFICIAL
BALLOTS OF EACH PARTY FOR EVERY FORTY-FIVE REGISTERED AND
ENROLLED ELECTORS OF SUCH PARTY AND FRACTION THEREOF, APPEARING
UPON THE DISTRICT REGISTER,] A SUPPLY OF OFFICIAL BALLOTS EQUAL
TO TEN PER CENTUM MORE THAN THE GREATEST NUMBER OF BALLOTS CAST
IN THE PRIOR THREE COMPARABLE ELECTIONS IN THE ELECTION
DISTRICT AND SHALL PROVIDE FOR EACH ELECTION DISTRICT IN WHICH
AN ELECTION IS TO BE HELD ONE BOOK OF FIFTY OFFICIAL BALLOTS FOR
EVERY FORTY-FIVE REGISTERED ELECTORS AND FRACTION THEREOF
APPEARING UPON THE DISTRICT REGISTER. THEY] A SUPPLY OF OFFICIAL
ELECTION BALLOTS FOR:
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(1) THE GENERAL PRIMARY ELECTION HELD IN EVEN-NUMBERED YEARS
IN WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES ARE NOT NOMINATED IN AN AMOUNT OF AT LEAST TEN PER CENTUM
GREATER THAN THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION
DISTRICT IN ANY OF THE PREVIOUS THREE GENERAL PRIMARY ELECTIONS
AT WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES WERE NOT NOMINATED;
(2) THE GENERAL PRIMARY ELECTION HELD IN EVEN-NUMBERED YEARS
IN WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES ARE NOMINATED IN AN AMOUNT OF AT LEAST TEN PER CENTUM
GREATER THAN THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION
DISTRICT IN ANY OF THE PREVIOUS THREE GENERAL PRIMARY ELECTIONS
AT WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES WERE NOMINATED;
(3) THE MUNICIPAL PRIMARY ELECTION HELD IN ODD-NUMBERED
YEARS IN AN AMOUNT OF AT LEAST TEN PER CENTUM GREATER THAN THE
HIGHEST NUMBER OF BALLOTS CAST IN ANY OF THE PREVIOUS THREE
MUNICIPAL PRIMARY ELECTIONS IN THE ELECTION DISTRICT;
(4) THE GENERAL ELECTION HELD IN EVEN-NUMBERED YEARS IN
WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES ARE NOT ELECTED IN AN AMOUNT OF AT LEAST TEN PER CENTUM
GREATER THAN THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION
DISTRICT IN ANY OF THE PREVIOUS THREE GENERAL ELECTIONS AT WHICH
CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES WERE
NOT ELECTED;
(5) THE GENERAL ELECTION HELD IN EVEN-NUMBERED YEARS IN
WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES ARE ELECTED IN AN AMOUNT OF AT LEAST TEN PER CENTUM
GREATER THAN THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION
DISTRICTS IN ANY OF THE PREVIOUS THREE GENERAL ELECTIONS AT
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WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES WERE ELECTED; AND
(6) THE MUNICIPAL ELECTION HELD IN ODD-NUMBERED YEARS IN AN
AMOUNT OF AT LEAST TEN PER CENTUM GREATER THAN THE HIGHEST
NUMBER OF BALLOTS CAST IN ANY OF THE PREVIOUS THREE MUNICIPAL
ELECTIONS IN THE ELECTION DISTRICT.
(B) THE COUNTY BOARD OF EACH COUNTY SHALL ALSO, IN ADDITION
TO THE NUMBER OF BALLOTS REQUIRED TO BE PRINTED FOR GENERAL
DISTRIBUTION, MAINTAIN A SUFFICIENT SUPPLY OF SUCH BALLOTS AT
THE OFFICE OF THE COUNTY BOARD FOR THE USE OF ABSENTEE ELECTORS
AND FOR THE USE OF ANY DISTRICT, THE BALLOTS FOR WHICH MAY BE
LOST, DESTROYED OR STOLEN. THEY SHALL ALSO CAUSE TO BE PRINTED
ON TINTED PAPER, AND WITHOUT THE FACSIMILE ENDORSEMENTS,
PERMANENT BINDING OR STUBS, COPIES OF THE FORM OF BALLOTS
PROVIDED FOR EACH POLLING PLACE AT EACH PRIMARY OR ELECTION
THEREIN, WHICH SHALL BE CALLED SPECIMEN BALLOTS, AND WHICH SHALL
BE OF THE SAME SIZE AND FORM AS THE OFFICIAL BALLOTS, AND AT
EACH ELECTION THEY SHALL DELIVER TO THE ELECTION OFFICERS, IN
ADDITION TO THE OFFICIAL BALLOTS TO BE USED AT SUCH ELECTION, A
SUITABLE SUPPLY OF SPECIMEN BALLOTS FOR THE USE OF THE ELECTORS.
AT EACH PRIMARY, A SUITABLE SUPPLY OF SPECIMEN BALLOTS OF EACH
PARTY SHALL BE FURNISHED.
SECTION 1107. REQUIREMENTS OF VOTING MACHINES.--NO VOTING
MACHINE SHALL, UPON ANY EXAMINATION OR REEXAMINATION, BE
APPROVED BY THE SECRETARY OF THE COMMONWEALTH, OR BY ANY
EXAMINER APPOINTED BY HIM, UNLESS IT SHALL, AT THE TIME, SATISFY
THE FOLLOWING REQUIREMENTS:
* * *
[(B) IT SHALL PERMIT EACH VOTER, AT OTHER THAN PRIMARY
ELECTIONS, TO VOTE A STRAIGHT POLITICAL PARTY TICKET IN ONE
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OPERATION, AND, IN ONE OPERATION, TO VOTE FOR ALL THE CANDIDATES
OF ONE POLITICAL PARTY FOR PRESIDENTIAL ELECTORS, AND, IN ONE
OPERATION, TO VOTE FOR ALL THE CANDIDATES OF ONE POLITICAL PARTY
FOR EVERY OFFICE TO BE VOTED FOR, EXCEPT THOSE OFFICES AS TO
WHICH HE VOTES FOR INDIVIDUAL CANDIDATES.]
* * *
SECTION 1110. FORM OF BALLOT LABELS ON VOTING MACHINES.--
* * *
(H) THE NAMES OF ALL CANDIDATES OF A POLITICAL PARTY SHALL
APPEAR IN THE SAME ROW OR COLUMN, AND EXCEPT IN CASES OF NAMES
OF PRESIDENTIAL COMMITMENTS OF NOMINEES FOR DELEGATE OR
ALTERNATE DELEGATE TO POLITICAL PARTY NATIONAL CONVENTIONS NO
OTHER NAMES SHALL APPEAR IN THE SAME ROW OR COLUMN[, TO THE LEFT
OR TOP OF WHICH SHALL BE A STRAIGHT PARTY LEVER, BY MEANS OF
WHICH AN ELECTOR MAY, IN ONE OPERATION, VOTE FOR ALL THE
CANDIDATES OF THAT POLITICAL PARTY FOR EVERY OFFICE TO BE VOTED
FOR]. WHERE THE NAMES OF THE DELEGATE OR ALTERNATE DELEGATE AND
THE PRESIDENTIAL CANDIDATE [HE] THE VOTER IS SUPPORTING SHALL
BOTH APPEAR, THE PRINT SIZE OF THE NAME OF THE DELEGATE OR
ALTERNATE DELEGATE SHALL BE EQUAL TO THE SIZE OF THE NAME OF THE
PARTICULAR PRESIDENTIAL CANDIDATE TO WHOM [HE] THE VOTER IS
COMMITTED, OR IN THE CASE WHERE [HE] THE VOTER IS UNCOMMITTED,
THE WORD "UNCOMMITTED" SHALL APPEAR IN THE SAME SIZE PRINT. THE
NAMES OF SUCH CANDIDATES SHALL BE ARRANGED UNDER OR OPPOSITE THE
TITLE OF THE OFFICE FOR WHICH THEY ARE CANDIDATES, AND SHALL
APPEAR IN THE ORDER OF THE VOTES OBTAINED BY THE CANDIDATE FOR
GOVERNOR OF THE PARTY NOMINATED AT THE LAST GUBERNATORIAL
ELECTION, BEGINNING WITH THE PARTY OBTAINING THE HIGHEST NUMBER
OF VOTES: PROVIDED, HOWEVER, THAT IN THE CASE OF PARTIES OR
BODIES NOT REPRESENTED ON THE BALLOT AT THE LAST GUBERNATORIAL
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ELECTION, THE NAMES OF THE CANDIDATES OF SUCH PARTIES SHALL BE
ARRANGED ALPHABETICALLY, ACCORDING TO THE PARTY OR BODY NAME.
THE NAMES OF ALL CANDIDATES OF A POLITICAL BODY SHALL APPEAR IN
THE SAME ROW OR COLUMN, AND, IF THE NUMBER OF PARTIES AND BODIES
PERMITS, EACH POLITICAL BODY SHALL BE ENTITLED EXCLUSIVELY TO A
SEPARATE ROW OR COLUMN[, WITH A STRAIGHT PARTY LEVER]. IF,
HOWEVER, THE NUMBER OF POLITICAL PARTIES AND POLITICAL BODIES
RENDERS IT IMPOSSIBLE OR IMPRACTICABLE TO SO ARRANGE THE
POLITICAL BODIES, IN SUCH CASE SAID BODIES SHALL NOT BE ENTITLED
TO A SEPARATE ROW OR COLUMN [AND A STRAIGHT PARTY LEVER], BUT
SHALL BE LISTED BY POLITICAL APPELLATIONS ON THE FIRST LEFT HAND
OR TOP ROW, WITH THE DESIGNATING LETTER AND NUMBER OF THE BALLOT
LABEL WHERE THEIR CANDIDATES MAY BE FOUND, TOGETHER WITH THE
POLITICAL APPELLATIONS OF OTHER POLITICAL BODIES, WHOSE
CANDIDATES MAY BE INTERSPERSED ON THE SAME ROW OR COLUMN.
SUBJECT TO THE AFORESAID LIMITATIONS, THE FORM AND ARRANGEMENT
OF BALLOT LABELS, AS TO THE PLACING THEREON OF POLITICAL BODIES,
SHALL BE WITHIN THE DISCRETION OF THE COUNTY BOARD.
* * *
SECTION 1107-A. REQUIREMENTS OF ELECTRONIC VOTING SYSTEMS.--
NO ELECTRONIC VOTING SYSTEM SHALL, UPON ANY EXAMINATION OR
REEXAMINATION, BE APPROVED BY THE SECRETARY OF THE COMMONWEALTH,
OR BY ANY EXAMINER APPOINTED BY [HIM] THE SECRETARY OF THE
COMMONWEALTH, UNLESS IT SHALL BE ESTABLISHED THAT SUCH SYSTEM,
AT THE TIME OF SUCH EXAMINATION OR REEXAMINATION:
* * *
[(3) PERMITS EACH VOTER, AT OTHER THAN PRIMARY ELECTIONS, TO
VOTE A STRAIGHT POLITICAL PARTY TICKET BY ONE MARK OR ACT AND,
BY ONE MARK OR ACT, TO VOTE FOR ALL THE CANDIDATES OF ONE
POLITICAL PARTY FOR PRESIDENTIAL ELECTORS AND, BY ONE MARK OR
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ACT, TO VOTE FOR ALL THE CANDIDATES OF ONE POLITICAL PARTY FOR
EVERY OFFICE TO BE VOTED FOR, AND EVERY SUCH MARK OR ACT SHALL
BE EQUIVALENT TO AND SHALL BE COUNTED AS A VOTE FOR EVERY
CANDIDATE OF THE POLITICAL PARTY SO MARKED INCLUDING ITS
CANDIDATES FOR PRESIDENTIAL ELECTORS, EXCEPT WITH RESPECT TO
THOSE OFFICES AS TO WHICH THE VOTER HAS REGISTERED A VOTE FOR
INDIVIDUAL CANDIDATES OF THE SAME OR ANOTHER POLITICAL PARTY OR
POLITICAL BODY, IN WHICH CASE THE AUTOMATIC TABULATING EQUIPMENT
SHALL CREDIT THE VOTE FOR THAT OFFICE ONLY FOR THE CANDIDATE
INDIVIDUALLY SO SELECTED, NOTWITHSTANDING THE FACT THAT THE
VOTER MAY NOT HAVE INDIVIDUALLY VOTED FOR THE FULL NUMBER OF
CANDIDATES FOR THAT OFFICE FOR WHICH HE WAS ENTITLED TO VOTE.]
* * *
SECTION 1109-A. FORMS.--(A) * * *
(2) THE PAGES PLACED ON THE VOTING DEVICE SHALL BE OF
SUFFICIENT NUMBER TO INCLUDE, FOLLOWING THE LISTING OF
PARTICULAR CANDIDATES, THE NAMES OF CANDIDATES FOR ANY
NONPARTISAN OFFICES AND ANY MEASURES FOR WHICH A VOTER MAY BE
QUALIFIED TO VOTE ON A GIVEN ELECTION DAY, PROVIDED FURTHER THAT
FOR MUNICIPAL, GENERAL OR SPECIAL ELECTIONS, THE FIRST BALLOT
PAGE SHALL LIST IN THE ORDER THAT SUCH POLITICAL PARTIES ARE
ENTITLED TO PRIORITY ON THE BALLOT, THE NAMES OF SUCH POLITICAL
PARTIES [WITH DESIGNATING ARROWS SO AS TO INDICATE THE VOTING
SQUARE OR POSITION ON THE BALLOT CARD WHERE THE VOTER MAY INSERT
BY ONE MARK OR PUNCH THE STRAIGHT PARTY TICKET OF HIS CHOICE].
* * *
[(D) IN PARTISAN ELECTIONS THE BALLOT CARDS SHALL INCLUDE A
VOTING SQUARE OR POSITION WHEREBY THE VOTER MAY BY ONE PUNCH OR
MARK RECORD A STRAIGHT PARTY TICKET VOTE FOR ALL THE CANDIDATES
OF ONE PARTY OR MAY VOTE A SPLIT TICKET FOR THE CANDIDATES OF
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HIS CHOICE.]
* * *
SECTION 1112-A. ELECTION DAY PROCEDURES AND THE PROCESS OF
VOTING.--(A) IN AN ELECTION DISTRICT WHICH USES AN ELECTRONIC
VOTING SYSTEM IN WHICH VOTES ARE REGISTERED ELECTRONICALLY, THE
FOLLOWING PROCEDURES WILL BE APPLICABLE FOR THE CONDUCT OF THE
ELECTION AT THE ELECTION DISTRICT:
* * *
(2) AT [PRIMARY] ALL ELECTIONS, THE VOTER SHALL BE ABLE TO
VOTE FOR EACH CANDIDATE INDIVIDUALLY BY THE MEANS PROVIDED. [AT
ALL OTHER ELECTIONS, HE MAY VOTE FOR EACH CANDIDATE
INDIVIDUALLY, OR HE MAY VOTE A STRAIGHT POLITICAL PARTY TICKET
IN ONE OPERATION BY OPERATING THE STRAIGHT POLITICAL PARTY
MECHANISM OF THE POLITICAL PARTY OR POLITICAL BODY OF HIS
CHOICE. HE MAY ALSO, AFTER HAVING OPERATED THE STRAIGHT PARTY
MECHANISM AND BEFORE RECORDING HIS VOTE, CANCEL THE VOTE FOR ANY
CANDIDATE OF SUCH POLITICAL PARTY OR POLITICAL BODY AND MAY
THEREUPON VOTE FOR A CANDIDATE OF ANOTHER PARTY, OR POLITICAL
BODY FOR THE SAME OFFICE.] THE VOTER MAY ALSO VOTE INDIVIDUALLY
FOR OR AGAINST A QUESTION SUBMITTED TO THE VOTE OF THE ELECTORS.
* * *
(4) AT ANY GENERAL ELECTION AT WHICH PRESIDENTIAL ELECTORS
ARE TO BE CHOSEN, EACH ELECTOR SHALL BE PERMITTED TO VOTE BY ONE
OPERATION FOR ALL THE PRESIDENTIAL ELECTORS OF A POLITICAL PARTY
OR POLITICAL BODY. FOR EACH PARTY OR BODY NOMINATING
PRESIDENTIAL ELECTORS, A BALLOT LABEL SHALL BE PROVIDED
CONTAINING ONLY THE WORDS "PRESIDENTIAL ELECTORS," PRECEDED BY
THE NAMES OF THE PARTY OR BODY AND FOLLOWED BY THE NAMES OF THE
CANDIDATES THEREOF FOR THE OFFICE OF PRESIDENT AND VICE-
PRESIDENT, AND THE CORRESPONDING COUNTER OR REGISTERING DEVICE
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SHALL REGISTER VOTES CAST FOR SAID ELECTORS WHEN THUS VOTED FOR
COLLECTIVELY. IF ANY ELECTOR DESIRES TO VOTE A TICKET FOR
PRESIDENTIAL ELECTORS MADE UP OF THE NAMES OF PERSONS NOMINATED
BY DIFFERENT PARTIES OR BODIES, OR PARTIALLY OF NAMES OF PERSONS
SO IN NOMINATION AND PARTIALLY OF NAMES OF PERSONS NOT IN
NOMINATION BY ANY PARTY OR BODY, [HE] THE VOTER MAY WRITE OR
DEPOSIT A PAPER BALLOT PREPARED BY [HIMSELF] THE VOTER IN THE
RECEPTACLE PROVIDED IN OR ON THE VOTING DEVICE FOR THAT PURPOSE,
OR [HE] THE VOTER MAY LIST THEIR NAMES ON THE WRITE-IN BALLOT OR
ENVELOPE PROVIDED FOR THAT PURPOSE. THE VOTING DEVICE SHALL BE
SO CONSTRUCTED THAT IT WILL NOT BE POSSIBLE FOR ANY ONE VOTER TO
VOTE A STRAIGHT PARTY TICKET FOR PRESIDENTIAL ELECTORS AND AT
THE SAME TIME TO DEPOSIT A BALLOT FOR PRESIDENTIAL ELECTORS IN A
RECEPTACLE AS [HEREINABOVE] PROVIDED IN THIS SECTION. WHEN THE
VOTES FOR PRESIDENTIAL ELECTORS ARE COUNTED, THE VOTES APPEARING
UPON THE COUNTER OR REGISTERING DEVICE CORRESPONDING TO THE
BALLOT LABEL CONTAINING THE NAMES OF THE CANDIDATES FOR
PRESIDENT AND VICE-PRESIDENT OF ANY PARTY OR BODY SHALL BE
COUNTED AS VOTES FOR EACH OF THE CANDIDATES FOR PRESIDENTIAL
ELECTOR OF SUCH PARTY OR BODY, AND THEREUPON ALL CANDIDATES FOR
PRESIDENTIAL ELECTOR SHALL BE CREDITED, IN ADDITION, WITH THE
VOTES CAST FOR THEM UPON THE BALLOTS DEPOSITED IN THE MACHINE,
AS [HEREINABOVE] PROVIDED IN THIS SECTION.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE ARTICLES
TO READ:
ARTICLE XI-B
VOTING SYSTEMS DECERTIFICATION
SECTION 1101-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH.
"ELECTRONIC VOTING SYSTEM." AS DEFINED IN SECTION 1101-A.
"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.
SECTION 1102-B. DECERTIFICATION.
(A) PROHIBITION.--THE COMMONWEALTH MAY NOT DISAPPROVE OF OR
DECERTIFY VOTING APPARATUSES IN 50% OR MORE COUNTIES UNTIL THE
REQUIREMENTS OF THIS ARTICLE HAVE BEEN MET.
(B) PLAN.--IF THE COMMONWEALTH INTENDS TO DISAPPROVE OR
DECERTIFY VOTING APPARATUSES IN 50% OR MORE COUNTIES, THE
DEPARTMENT MUST SUBMIT A WRITTEN PLAN TO THE PRESIDENT PRO
TEMPORE OF THE SENATE, THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE
STATE GOVERNMENT COMMITTEE OF THE SENATE AND THE STATE
GOVERNMENT COMMITTEE 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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ARTICLE XI-B
VOTING SYSTEMS
SECTION 1101-B. 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:
"ELECTRONIC VOTING SYSTEM." AS DEFINED IN SECTION 1101-A.
"VOTING APPARATUS." A KIND OR TYPE OF ELECTRONIC VOTING
SYSTEM THAT RECEIVED APPROVAL BY THE SECRETARY OF THE
COMMONWEALTH UNDER SECTION 1105-A.
SECTION 1102-B. DISAPPROVAL OR DECERTIFICATION.
(A) PROHIBITION.--THE COMMONWEALTH MAY NOT DISAPPROVE OF OR
DECERTIFY VOTING APPARATUSES IN 50% OR MORE COUNTIES UNTIL THE
REQUIREMENTS OF THIS ARTICLE 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.
(C) VOTING SYSTEM DECERTIFICATION COMMISSION.--
(1) WITHIN 10 DAYS OF RECEIPT OF THE WRITTEN PLAN UNDER
SUBSECTION (B) BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND
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THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, A COMMISSION
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 SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(C) THE MAJORITY LEADER OF THE SENATE
(D) THE MAJORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(E) THE MINORITY LEADER OF THE SENATE.
(F) THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(G) 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.
(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
DECERTIFICATION.
(C) EACH DISSENTING OPINION OF A MEMBER OF THE
COMMISSION.
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(D) RECOMMENDED LEGISLATIVE ACTION, IF
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 THE COMMONWEALTH OR A
DESIGNEE.
(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
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
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TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN CONNECTION
WITH THE PERFORMANCE OF THE MEMBER'S DUTIES AS A MEMBER OF
THE COMMISSION.
ARTICLE XI-C
VOTING SYSTEMS BONDS
SECTION 1101-C. 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 COUNTY VOTING SYSTEM REIMBURSEMENT ACCOUNT
ESTABLISHED UNDER SECTION 1106-C.
"AUTHORITY." THE PENNSYLVANIA ECONOMIC DEVELOPMENT FINANCING
AUTHORITY.
"BOND." ANY TYPE OF REVENUE OBLIGATION, INCLUDING A BOND OR
SERIES OF BONDS, NOTE, CERTIFICATE OR OTHER INSTRUMENT, ISSUED
BY THE AUTHORITY FOR THE BENEFIT OF THE DEPARTMENT UNDER THIS
ARTICLE.
"BOND ADMINISTRATIVE EXPENSES." EXPENSES INCURRED TO
ADMINISTER BONDS AS PROVIDED UNDER THE FINANCING LAW, OR AS
OTHERWISE NECESSARY TO ENSURE COMPLIANCE WITH APPLICABLE FEDERAL
OR STATE LAW.
"BOND OBLIGATIONS." THE PRINCIPAL OF A BOND AND ANY PREMIUM
AND INTEREST PAYABLE ON A BOND, TOGETHER WITH ANY AMOUNT OWED
UNDER A RELATED CREDIT AGREEMENT OR A RELATED RESOLUTION OF THE
AUTHORITY AUTHORIZING A BOND.
"CREDIT AGREEMENT." A LOAN AGREEMENT, A REVOLVING CREDIT
AGREEMENT, AN AGREEMENT ESTABLISHING A LINE OF CREDIT, A LETTER
OF CREDIT OR ANOTHER AGREEMENT THAT ENHANCES THE MARKETABILITY,
SECURITY OR CREDITWORTHINESS OF A BOND.
"DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH.
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"ELECTRONIC VOTING SYSTEM." AS DEFINED IN SECTION 1101-A.
"FINANCING LAW." THE ACT OF AUGUST 23, 1967 (P.L.251,
NO.102), KNOWN AS THE ECONOMIC DEVELOPMENT FINANCING LAW.
"VOTING APPARATUS." A KIND OR TYPE OF ELECTRONIC VOTING
SYSTEM THAT RECEIVED THE APPROVAL OF THE SECRETARY OF THE
COMMONWEALTH UNDER SECTION 1105-A.
SECTION 1102-C. BOND ISSUANCE.
(A) DECLARATION OF POLICY.--THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT FUNDING THE REPLACEMENT OF VOTING APPARATUSES,
INCLUDING INTEREST, THROUGH THE AUTHORITY, IS IN THE BEST
INTEREST OF THIS COMMONWEALTH.
(B) AUTHORITY.--NOTWITHSTANDING ANY OTHER LAW, THE FOLLOWING
SHALL APPLY:
(1) THE DEPARTMENT MAY BE A PROJECT APPLICANT UNDER THE
FINANCING LAW AND MAY APPLY TO THE AUTHORITY FOR THE FUNDING
OF THE REPLACEMENT OF VOTING APPARATUSES.
(2) THE AUTHORITY MAY ISSUE BONDS UNDER THE FINANCING
LAW, CONSISTENT WITH THIS ARTICLE, TO FINANCE A PROJECT TO
FUND THE REPLACEMENT OF COUNTY VOTING APPARATUSES OR TO
REIMBURSE COUNTIES FOR THEIR COST TO PURCHASE VOTING
APPARATUSES.
(3) PARTICIPATION OF AN INDUSTRIAL AND COMMERCIAL
DEVELOPMENT AUTHORITY SHALL NOT BE REQUIRED TO FINANCE THE
REPLACEMENT OF VOTING APPARATUSES.
(C) DEBT OR LIABILITY.--
(1) BONDS ISSUED UNDER THIS ARTICLE SHALL NOT BE A DEBT
OR LIABILITY OF THE COMMONWEALTH AND SHALL NOT CREATE OR
CONSTITUTE ANY INDEBTEDNESS, LIABILITY OR OBLIGATION OF THE
COMMONWEALTH.
(2) BOND OBLIGATIONS AND BOND ADMINISTRATIVE EXPENSES
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SHALL BE PAYABLE SOLELY FROM REVENUES OR MONEY PLEDGED OR
AVAILABLE FOR REPAYMENT AS AUTHORIZED UNDER THIS ARTICLE.
THIS PARAGRAPH SHALL INCLUDE THE PROCEEDS OF ANY ISSUANCE OF
BONDS.
(3) EACH BOND SHALL CONTAIN ON ITS FACE A STATEMENT
THAT:
(I) THE AUTHORITY IS OBLIGATED TO PAY THE PRINCIPAL
OR INTEREST ON THE BONDS ONLY FROM THE REVENUES OR MONEY
PLEDGED OR AVAILABLE FOR REPAYMENT AS AUTHORIZED UNDER
THIS ARTICLE;
(II) NEITHER THE COMMONWEALTH NOR A COUNTY IS
OBLIGATED TO PAY THE PRINCIPAL OR INTEREST; AND
(III) THE FULL FAITH AND CREDIT OF THE COMMONWEALTH
OR ANY COUNTY IS NOT PLEDGED TO THE PAYMENT OF THE
PRINCIPAL OF OR THE INTEREST ON THE BONDS.
SECTION 1103-C. CRITERIA FOR BOND ISSUANCE.
(A) DETERMINATION.--IF THE DEPARTMENT DECERTIFIES A VOTING
APPARATUS IN THIS COMMONWEALTH THAT IS IN USE IN A COUNTY, THE
DEPARTMENT SHALL APPLY TO THE AUTHORITY TO ISSUE BONDS FOR
REIMBURSEMENTS TO THE COUNTY FOR THE COST OF PROCURING A NEW
VOTING APPARATUS.
(B) TERMS.--
(1) THE DEPARTMENT, WITH THE APPROVAL OF THE OFFICE OF
THE BUDGET, SHALL SPECIFY IN ITS APPLICATION TO THE
AUTHORITY:
(I) THE MAXIMUM PRINCIPAL AMOUNT OF THE BONDS FOR
EACH SEPARATE BOND ISSUE; AND
(II) THE MAXIMUM TERM OF THE BONDS CONSISTENT WITH
APPLICABLE LAW.
(2) THE TOTAL PRINCIPAL AMOUNT OF BONDS OUTSTANDING
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UNDER THIS ARTICLE FOR ALL BOND ISSUES MAY NOT EXCEED
$90,000,000.
(3) THE TERM OF THE BONDS ISSUED UNDER THIS ARTICLE MAY
NOT EXCEED 10 YEARS.
SECTION 1104-C. ISSUANCE OF BONDS AND SECURITY.
(A) ISSUANCE.--THE AUTHORITY SHALL CONSIDER ISSUANCE OF
BONDS UPON APPLICATION BY THE DEPARTMENT. BONDS ISSUED UNDER
THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF THE FINANCING
LAW, UNLESS OTHERWISE SPECIFIED UNDER THIS ARTICLE.
(B) SERVICE AGREEMENT AUTHORIZED.--THE AUTHORITY AND THE
DEPARTMENT MAY ENTER INTO AN AGREEMENT OR SERVICE AGREEMENT TO
EFFECTUATE THIS ARTICLE, INCLUDING AN AGREEMENT TO SECURE BONDS
ISSUED FOR THE PURPOSES UNDER SECTION 1102-C(B), PURSUANT TO
WHICH THE DEPARTMENT SHALL AGREE TO PAY THE BOND OBLIGATIONS AND
BOND ADMINISTRATIVE EXPENSES TO THE AUTHORITY IN EACH FISCAL
YEAR THAT THE BONDS OR REFUNDING BONDS ARE OUTSTANDING IN
AMOUNTS SUFFICIENT TO TIMELY PAY IN FULL THE DEBT SERVICE AND
ANY OTHER FINANCING COSTS DUE ON THE BONDS ISSUED FOR THE
PURPOSES UNDER SECTION 1102-C(B). THE DEPARTMENT'S PAYMENT OF
THE SERVICE CHARGES SHALL BE SUBJECT TO AND DEPENDENT UPON THE
APPROPRIATION OF FUNDS BY THE GENERAL ASSEMBLY TO THE DEPARTMENT
FOR PAYMENT OF THE SERVICE CHARGES. THE SERVICE AGREEMENT MAY BE
AMENDED OR SUPPLEMENTED BY THE AUTHORITY AND THE DEPARTMENT IN
CONNECTION WITH THE ISSUANCE OF ANY SERIES OF BONDS OR REFUNDING
BONDS AUTHORIZED UNDER THIS SECTION.
(C) SECURITY.--BOND OBLIGATIONS AND BOND ADMINISTRATIVE
EXPENSES ARE SECURED, FOR THE BENEFIT OF THE HOLDERS OF THE
BONDS AND THE OBLIGEES UNDER CREDIT AGREEMENTS OR THE AGREEMENTS
UNDER SUBSECTION (B), BY PLEDGE OF A SECURITY INTEREST IN AND
FIRST LIEN ON THE FOLLOWING:
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(1) MONEY DEPOSITED INTO THE ACCOUNT, INCLUDING
INVESTMENT INCOME ON MONEY IN THE ACCOUNT.
(2) MONEY RELATING TO THE BONDS HELD ON DEPOSIT IN ANY
OTHER FUND OR ACCOUNT UNDER AN INSTRUMENT OR AGREEMENT
PERTAINING TO THE BONDS, INCLUDING BOND RESERVES AND INTEREST
INCOME ON THE MONEY.
(3) THE SECURITY PROVIDED UNDER THIS SUBSECTION SHALL
NOT APPLY TO MONEY IN ANY FUND RELATING TO ARBITRAGE REBATE
OBLIGATIONS.
SECTION 1105-C. SALE OF BONDS.
THE AUTHORITY SHALL OFFER THE BONDS FOR SALE BY MEANS OF A
PUBLIC, COMPETITIVE SALE OR BY MEANS OF A NEGOTIATED SALE BASED
ON THE AUTHORITY'S DETERMINATION OF WHICH METHOD WILL PRODUCE
THE MOST BENEFIT TO COUNTIES AND THE COMMONWEALTH.
SECTION 1106-C. DEPOSIT OF BOND PROCEEDS.
THE NET PROCEEDS OF BONDS, OTHER THAN REFUNDING BONDS,
EXCLUSIVE OF COSTS OF ISSUANCE, RESERVES AND ANY OTHER FINANCING
CHARGES, SHALL BE TRANSFERRED BY THE AUTHORITY TO THE STATE
TREASURER FOR DEPOSIT INTO A RESTRICTED ACCOUNT ESTABLISHED IN
THE STATE TREASURY AND HELD SOLELY FOR THE PURPOSES UNDER
SECTION 1102-C(B) TO BE KNOWN AS THE COUNTY VOTING SYSTEM
REIMBURSEMENT ACCOUNT. THE DEPARTMENT SHALL PAY OUT THE BOND
PROCEEDS TO THE COUNTIES FROM THE ACCOUNT IN ACCORDANCE WITH
THIS ARTICLE.
SECTION 1107-C. PAYMENT OF BOND-RELATED OBLIGATIONS.
FOR EACH FISCAL YEAR IN WHICH BOND OBLIGATIONS AND BOND
ADMINISTRATIVE EXPENSES WILL BE DUE, THE AUTHORITY SHALL NOTIFY
THE DEPARTMENT OF THE AMOUNT OF BOND OBLIGATIONS AND THE
ESTIMATED AMOUNT OF BOND ADMINISTRATIVE EXPENSES IN SUFFICIENT
TIME, AS DETERMINED BY THE DEPARTMENT, TO PERMIT THE DEPARTMENT
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TO REQUEST AN APPROPRIATION SUFFICIENT TO PAY BOND OBLIGATIONS
AND BOND ADMINISTRATIVE EXPENSES THAT WILL BE DUE AND PAYABLE IN
THE FOLLOWING FISCAL YEAR. THE AUTHORITY'S CALCULATION OF THE
AMOUNT OF BOND OBLIGATIONS AND BOND ADMINISTRATIVE EXPENSES THAT
WILL BE DUE SHALL BE SUBJECT TO VERIFICATION BY THE DEPARTMENT.
SECTION 1108-C. COMMONWEALTH NOT TO IMPAIR BOND-RELATED
OBLIGATIONS.
THE COMMONWEALTH PLEDGES THAT IT SHALL NOT DO ANY OF THE
FOLLOWING:
(1) LIMIT OR ALTER THE RIGHTS AND RESPONSIBILITIES OF
THE AUTHORITY OR THE DEPARTMENT UNDER THIS ARTICLE, INCLUDING
THE RESPONSIBILITY TO:
(I) PAY BOND OBLIGATIONS AND BOND ADMINISTRATIVE
EXPENSES; AND
(II) COMPLY WITH ANY OTHER INSTRUMENT OR AGREEMENT
PERTAINING TO BONDS.
(2) ALTER OR LIMIT THE SERVICE AGREEMENT UNDER SECTION
1104-C(B).
(3) IMPAIR THE RIGHTS AND REMEDIES OF THE HOLDERS OF
BONDS, UNTIL EACH BOND ISSUED AT ANY TIME AND THE INTEREST ON
THE BOND, ARE FULLY MET AND DISCHARGED.
SECTION 1109-C. (RESERVED).
SECTION 1110-C. PERSONAL LIABILITY.
THE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE
DEPARTMENT AND THE AUTHORITY SHALL NOT BE PERSONALLY LIABLE AS A
RESULT OF GOOD FAITH EXERCISE OF THE RIGHTS AND RESPONSIBILITIES
GRANTED UNDER THIS ARTICLE.
SECTION 1111-C. ANNUAL REPORT.
NO LATER THAN MARCH 1 OF THE YEAR FOLLOWING THE FIRST FULL
YEAR IN WHICH BONDS HAVE BEEN ISSUED UNDER THIS ARTICLE AND FOR
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EACH YEAR THEREAFTER IN WHICH BOND OBLIGATIONS EXISTED IN THE
PRIOR YEAR, THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE
CHAIR AND MINORITY CHAIR OF THE STATE GOVERNMENT COMMITTEE OF
THE SENATE AND TO THE CHAIR AND MINORITY CHAIR OF THE STATE
GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES PROVIDING
ALL DATA AVAILABLE ON BONDS ISSUED OR EXISTING IN THE PRIOR
YEAR. THE REPORT SHALL INCLUDE EXISTING AND ANTICIPATED BOND
PRINCIPAL, INTEREST AND ADMINISTRATIVE COSTS, REVENUE,
REPAYMENTS, REFINANCING, OVERALL BENEFITS TO COUNTIES AND ANY
OTHER RELEVANT DATA, FACTS AND STATISTICS THAT THE DEPARTMENT
BELIEVES NECESSARY IN THE CONTENT OF THE REPORT.
SECTION 1112-C. REIMBURSEMENT OF COUNTY VOTING APPARATUS
EXPENSES.
(A) APPLICATION.--A COUNTY MAY APPLY TO THE DEPARTMENT TO
RECEIVE FUNDING TO REPLACE THE COUNTY'S VOTING APPARATUSES OR TO
REIMBURSE THE COUNTY'S COST TO PURCHASE VOTING APPARATUSES. EACH
COUNTY SHALL SUBMIT AN APPLICATION FOR FUNDING ON A FORM
CONTAINING INFORMATION AND DOCUMENTATION PRESCRIBED BY THE
DEPARTMENT NO LATER THAN DECEMBER 31, 2019.
(B) DOCUMENTATION FOR PRIOR PURCHASE.--IF A COUNTY SEEKS
REIMBURSEMENT OF THE COUNTY'S COST TO PURCHASE A VOTING
APPARATUS THAT THE COUNTY PURCHASED BEFORE THE DATE THAT THE
COUNTY SUBMITS ITS APPLICATION TO THE DEPARTMENT, THE COUNTY'S
APPLICATION SHALL INCLUDE DOCUMENTATION PRESCRIBED BY THE
DEPARTMENT TO SUBSTANTIATE THE COUNTY'S COST TO PURCHASE THE
VOTING APPARATUS, INCLUDING COPIES OF FULLY EXECUTED VOTING
APPARATUS CONTRACTS, INVOICES AND PROOF OF PAYMENT TO THE VENDOR
OF THE VOTING APPARATUS.
(C) DOCUMENTATION FOR SUBSEQUENT PURCHASE.--IF A COUNTY
SEEKS FUNDING TO PURCHASE A VOTING APPARATUS THAT THE COUNTY
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WILL PURCHASE AFTER THE DATE THAT THE COUNTY SUBMITS ITS
APPLICATION TO THE DEPARTMENT, THE COUNTY'S APPLICATION SHALL
INCLUDE DOCUMENTATION PRESCRIBED BY THE DEPARTMENT TO
SUBSTANTIATE THE COUNTY'S ESTIMATE TO PURCHASE THE VOTING
APPARATUS INCLUDING COPIES OF FULLY EXECUTED VOTING APPARATUS
CONTRACTS, BIDS OR PRICE QUOTES SUBMITTED TO THE COUNTY BY
VOTING APPARATUS VENDORS AND OTHER PRICE ESTIMATES OR COST
PROPOSALS.
(D) REVIEW.--THE DEPARTMENT SHALL REVIEW EACH COUNTY
APPLICATION ON A ROLLING BASIS AND SHALL EITHER APPROVE OR DENY
EACH COUNTY'S APPLICATION WITHIN 90 DAYS OF THE DATE THE
APPLICATION IS RECEIVED BY THE DEPARTMENT. A COUNTY MAY
SUPPLEMENT OR AMEND SUBMITTED APPLICATIONS DURING THE 90-DAY
REVIEW PERIOD IN CONSULTATION WITH THE DEPARTMENT.
(E) APPROVAL FOR PRIOR PURCHASE.--IF THE DEPARTMENT APPROVES
A COUNTY'S APPLICATION SUBMITTED UNDER SUBSECTION (B), THE
DEPARTMENT AND THE COUNTY SHALL ENTER INTO A WRITTEN GRANT
AGREEMENT THROUGH WHICH THE DEPARTMENT SHALL REIMBURSE THE
COUNTY AT THE AMOUNT APPROVED BY THE DEPARTMENT.
(F) APPROVAL FOR SUBSEQUENT PURCHASE.--IF THE DEPARTMENT
APPROVES A COUNTY'S APPLICATION UNDER SUBSECTION (C), THE
DEPARTMENT AND THE COUNTY SHALL ENTER INTO A WRITTEN GRANT
AGREEMENT THROUGH WHICH THE DEPARTMENT WILL PROVIDE FUNDING TO
REIMBURSE THE COUNTY'S COST TO PURCHASE A VOTING APPARATUS AT
THE AMOUNT APPROVED BY THE DEPARTMENT. THE COUNTY SHALL HOLD THE
GRANT MONEY IN AN ACCOUNT OF THE COUNTY THAT IS SEPARATE FROM
EACH OTHER COUNTY ACCOUNT. THE COUNTY SHALL DELIVER QUARTERLY
REPORTS TO THE DEPARTMENT OF THE VOTING APPARATUS COSTS PAID
FROM THE GRANT MONEY IN A FORM PRESCRIBED BY THE DEPARTMENT. THE
COUNTY SHALL RETURN ANY UNSPENT GRANT MONEY TO THE DEPARTMENT
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WITHIN 30 DAYS OF THE EXPIRATION OF THE GRANT AGREEMENT.
(G) PAYMENTS.--
(1) A COUNTY SHALL ONLY RECEIVE GRANT PAYMENTS UNDER
THIS SECTION TO THE EXTENT THAT THE DEPARTMENT HAS BOND
PROCEEDS AVAILABLE IN THE ACCOUNT FROM WHICH TO MAKE
PAYMENTS.
(2) A COUNTY MAY NOT RECEIVE AMOUNTS GREATER THAN 60% OF
THE TOTAL COST TO PURCHASE A VOTING APPARATUS.
(3) IF THE TOTAL AMOUNT OF COSTS INCURRED TO PURCHASE
VOTING APPARATUSES UNDER SUBSECTIONS (B) AND (C) EXCEEDS THE
TOTAL AMOUNT AVAILABLE, THEN EACH COUNTY SHALL RECEIVE A PRO
RATA AMOUNT OF THE TOTAL AMOUNT AVAILABLE.
(H) CERTIFICATION.--FOR EACH YEAR IN WHICH A COUNTY IS
ELIGIBLE TO RECEIVE REIMBURSEMENT OR FUNDING UNDER THIS ARTICLE,
A COUNTY SHALL ONLY RECEIVE THE REIMBURSEMENT OR FUNDING AFTER
MAKING A CERTIFICATION TO THE DEPARTMENT, THE PRESIDENT PRO
TEMPORE OF THE SENATE, THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, THE MINORITY LEADER OF THE SENATE, THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES, THE CHAIR AND MINORITY
CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIR
AND MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES, 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 THAT THE COUNTY HAS COMPLETED A PROGRAM UNDER 25
PA.C.S. § 1901(B)(1) (RELATING TO REMOVAL OF ELECTORS) AND
MAILED NOTICES REQUIRED UNDER 25 PA.C.S. § 1901(B)(3) WITHIN THE
PRIOR 12 MONTHS. THE CERTIFICATION SHALL INCLUDE INFORMATION ON
WHETHER THE COUNTY HAS UNDERTAKEN A CANVASS UNDER 25 PA.C.S. §
1901(B)(2).
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(I) DEPARTMENT APPLICATION.--THE DEPARTMENT SHALL APPLY TO
THE AUTHORITY FOR FUNDING UNDER SECTION 1102-C ONLY IF THE
DEPARTMENT HAS APPROVED COUNTY APPLICATIONS UNDER THIS ARTICLE
WHICH TOTAL AT LEAST $50,000,000.
SECTION 3. SECTIONS 1216(D) AND (F), 1222(A) AND (B),
1223(A), 1302.1 AND 1302.2 OF THE ACT ARE AMENDED TO READ:
SECTION 1216. INSTRUCTIONS OF VOTERS AND MANNER OF VOTING IN
DISTRICTS IN WHICH VOTING MACHINES ARE USED.--
* * *
(D) AT [PRIMARIES] ALL ELECTIONS, [HE] THE VOTER SHALL VOTE
FOR EACH CANDIDATE INDIVIDUALLY BY OPERATING THE KEY, HANDLE,
POINTER OR KNOB, UPON OR ADJACENT TO WHICH THE NAME OF SUCH
CANDIDATE IS PLACED. [AT ELECTIONS, HE MAY VOTE FOR EACH
CANDIDATE INDIVIDUALLY BY OPERATING THE KEY, HANDLE, POINTER OR
KNOB, UPON OR ADJACENT TO WHICH THE NAMES OF CANDIDATES OF HIS
CHOICE ARE PLACED, OR HE MAY VOTE A STRAIGHT POLITICAL PARTY
TICKET IN ONE OPERATION BY OPERATING THE STRAIGHT POLITICAL
PARTY LEVER OF THE POLITICAL PARTY OR POLITICAL BODY OF HIS
CHOICE, IF SUCH MACHINE HAS THEREON A SEPARATE LEVER FOR ALL THE
CANDIDATES OF THE POLITICAL BODY. HE MAY ALSO, AFTER HAVING
OPERATED THE STRAIGHT PARTY LEVER, AND BEFORE RECORDING HIS
VOTE, CANCEL THE VOTE FOR ANY CANDIDATE OF SUCH POLITICAL PARTY
OR POLITICAL BODY BY REPLACING THE INDIVIDUAL KEY, HANDLE,
POINTER OR KNOB OF SUCH CANDIDATE, AND MAY THEREUPON VOTE FOR A
CANDIDATE OF ANOTHER PARTY, OR POLITICAL BODY FOR THE SAME
OFFICE BY OPERATING THE KEY, HANDLE, POINTER OR KNOB, UPON OR
ADJACENT TO WHICH THE NAME OF SUCH CANDIDATE APPEARS.] IN THE
CASE OF A QUESTION SUBMITTED TO THE VOTE OF THE ELECTORS, THE
ELECTOR SHALL OPERATE THE KEY, HANDLE, POINTER OR KNOB
CORRESPONDING TO THE ANSWER WHICH [HE] THE ELECTOR DESIRES TO
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GIVE.
* * *
(F) AT ANY GENERAL ELECTION AT WHICH PRESIDENTIAL ELECTORS
ARE TO BE CHOSEN, EACH ELECTOR SHALL BE PERMITTED TO VOTE BY ONE
OPERATION FOR ALL THE PRESIDENTIAL ELECTORS OF A POLITICAL PARTY
OR POLITICAL BODY. FOR EACH PARTY OR BODY NOMINATING
PRESIDENTIAL ELECTORS, A BALLOT LABEL SHALL BE PROVIDED
CONTAINING ONLY THE WORDS "PRESIDENTIAL ELECTORS," PRECEDED BY
THE NAMES OF THE PARTY OR BODY AND FOLLOWED BY THE NAMES OF THE
CANDIDATES THEREOF FOR THE OFFICE OF PRESIDENT AND VICE-
PRESIDENT, AND THE CORRESPONDING COUNTER OR REGISTERING DEVICE
SHALL REGISTER VOTES CAST FOR SAID ELECTORS WHEN THUS VOTED FOR
COLLECTIVELY. IF AN ELECTOR DESIRES TO VOTE A TICKET FOR
PRESIDENTIAL ELECTORS MADE UP OF THE NAMES OF PERSONS NOMINATED
BY DIFFERENT PARTIES OR BODIES, OR PARTIALLY OF NAMES OF PERSONS
SO IN NOMINATION AND PARTIALLY OF NAMES OF PERSONS NOT IN
NOMINATION BY ANY PARTY OR BODY, OR WHOLLY OF NAMES OF PERSONS
NOT IN NOMINATION BY ANY PARTY OR BODY, [HE] THE ELECTOR MAY
WRITE OR DEPOSIT A PAPER BALLOT PREPARED BY [HIMSELF] THE VOTER
IN THE RECEPTACLE PROVIDED IN OR ON THE MACHINE FOR THE PURPOSE.
THE MACHINE SHALL BE SO CONSTRUCTED THAT IT WILL NOT BE POSSIBLE
FOR ANY ONE VOTER TO VOTE A STRAIGHT PARTY TICKET FOR
PRESIDENTIAL ELECTORS AND AT THE SAME TIME TO DEPOSIT A BALLOT
FOR PRESIDENTIAL ELECTORS IN A RECEPTACLE AS [HEREINABOVE]
PROVIDED IN THIS SECTION. WHEN THE VOTES FOR PRESIDENTIAL
ELECTORS ARE COUNTED, THE VOTES APPEARING UPON THE COUNTER OR
REGISTERING DEVICE CORRESPONDING TO THE BALLOT LABEL CONTAINING
THE NAMES OF THE CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF
ANY PARTY OR BODY SHALL BE COUNTED AS VOTES FOR EACH OF THE
CANDIDATES FOR PRESIDENTIAL ELECTOR OF SUCH PARTY OR BODY, AND
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THEREUPON ALL CANDIDATES FOR PRESIDENTIAL ELECTOR SHALL BE
CREDITED, IN ADDITION, WITH THE VOTES CAST FOR THEM UPON THE
BALLOTS DEPOSITED IN THE MACHINE, AS [HEREINABOVE] PROVIDED IN
THIS SECTION.
* * *
SECTION 1222. COUNT AND RETURN OF VOTES IN DISTRICTS IN
WHICH BALLOTS ARE USED.--
(A) AS SOON AS ALL THE BALLOTS HAVE BEEN PROPERLY ACCOUNTED
FOR, AND THOSE OUTSIDE THE BALLOT BOX, AS WELL AS THE "VOTING
CHECK LIST," NUMBERED LISTS OF VOTERS AND DISTRICT REGISTER
SEALED, THE ELECTION OFFICERS SHALL FORTHWITH OPEN THE BALLOT
BOX, AND TAKE THEREFROM ALL BALLOTS THEREIN, AND AT PRIMARIES,
SEPARATE THE SAME ACCORDING TO THE PARTY TO WHICH THEY BELONG.
THE BALLOTS SHALL THEN BE COUNTED ONE BY ONE, AND A RECORD MADE
OF THE TOTAL NUMBER, AND AT PRIMARIES OF THE TOTAL NUMBER CAST
FOR EACH PARTY. THEN THE JUDGE, UNDER THE SCRUTINY OF THE
MINORITY INSPECTOR, OR THE MINORITY INSPECTOR, UNDER THE
SCRUTINY OF THE JUDGE, IN THE PRESENCE OF THE OTHER OFFICERS,
CLERKS, AND OF THE OVERSEERS, IF ANY, AND WITHIN THE HEARING AND
SIGHT OF THE WATCHERS OUTSIDE THE ENCLOSED SPACE, SHALL READ
ALOUD THE NAMES OF THE CANDIDATES MARKED OR INSERTED UPON EACH
BALLOT (AT PRIMARIES THE BALLOTS OF EACH PARTY BEING READ IN
SEQUENCE), TOGETHER WITH THE OFFICE FOR WHICH THE PERSON NAMED
IS A CANDIDATE, AND THE ANSWERS CONTAINED ON THE BALLOTS TO THE
QUESTIONS SUBMITTED, IF ANY, AND THE MAJORITY INSPECTOR AND
CLERKS SHALL CAREFULLY ENTER EACH VOTE AS READ, AND KEEP ACCOUNT
OF THE SAME IN INK IN TRIPLICATE TALLY PAPERS (TRIPLICATE TALLY
PAPERS FOR EACH PARTY AT PRIMARIES) TO BE PROVIDED BY THE COUNTY
BOARD OF ELECTIONS FOR THAT PURPOSE, ALL THREE OF WHICH SHALL BE
MADE AT THE SAME TIME.[: PROVIDED, THAT AT ALL GENERAL,
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MUNICIPAL AND SPECIAL ELECTIONS, IN ENTERING EACH VOTE RECEIVED
BY CANDIDATES AT SUCH ELECTION, IT SHALL NOT BE NECESSARY TO
ENTER SEPARATE TALLY MARKS FOR EACH VOTE RECEIVED BY SUCH
CANDIDATES UPON THE BALLOTS CONTAINING THE SAME VOTES FOR THE
SAME NAMES, COMMONLY KNOWN, AND IN THIS ACT DESIGNATED AS
"STRAIGHT PARTY TICKETS" FOR SUCH PURPOSE STRAIGHT PARTY TICKET
VOTES SHALL BE ENTERED CAREFULLY AS EACH STRAIGHT PARTY TICKET
VOTE IS READ ON THE TRIPLICATE TALLY SHEETS UNDER THE HEADING
"NUMBER OF VOTES RECEIVED UPON THE ....... STRAIGHT PARTY
TICKETS." UPON COMPLETING THE NUMBER OF VOTES RECEIVED BY EACH
STRAIGHT PARTY TICKET, THE NUMBER SO TALLIED FOR EACH PARTY
SHALL BE ENTERED NUMERICALLY ON THE EXTREME RIGHT HAND MARGIN OF
EACH SUCH TALLY PAPER.] ALL BALLOTS, AFTER BEING REMOVED FROM
THE BOX, SHALL BE KEPT WITHIN THE UNOBSTRUCTED VIEW OF ALL
PERSONS IN THE VOTING ROOM UNTIL REPLACED IN THE BOX. NO PERSON
WHILE HANDLING THE BALLOTS SHALL HAVE IN [HIS] THE PERSON'S HAND
ANY PENCIL, PEN, STAMP OR OTHER MEANS OF MARKING OR SPOILING ANY
BALLOT. THE ELECTION OFFICERS SHALL FORTHWITH PROCEED TO CANVASS
AND COMPUTE THE VOTES CAST, AND SHALL NOT ADJOURN OR POSTPONE
THE CANVASS OR COMPUTATION UNTIL IT SHALL HAVE BEEN FULLY
COMPLETED.
(B) WHEN THE VOTE CAST FOR THE DIFFERENT PERSONS NAMED UPON
THE BALLOTS AND UPON THE QUESTIONS, IF ANY, APPEARING THEREON,
SHALL HAVE BEEN FULLY RECORDED IN THE TALLY PAPERS AND COUNTED,
THE ELECTION OFFICERS SHALL DULY CERTIFY TO THE NUMBER OF VOTES
CAST FOR EACH PERSON (UPON THE RESPECTIVE PARTY TICKETS AT
PRIMARIES), AND SHALL PREPARE IN INK TWO (2) GENERAL RETURNS,
SHOWING, IN ADDITION TO THE ENTRIES MADE THEREON AS AFORESAID,
THE TOTAL NUMBER OF BALLOTS RECEIVED FROM THE COUNTY BOARD (THE
TOTAL OF EACH PARTY AT PRIMARIES), THE NUMBER OF BALLOTS CAST
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(THE NUMBER OF EACH PARTY AT PRIMARIES), THE NUMBER OF BALLOTS
(OF EACH PARTY AT PRIMARIES) DECLARED VOID, AND THE NUMBER OF
BALLOTS SPOILED AND CANCELLED, AND ANY BLANK BALLOTS CAST, AS
WELL AS THE VOTES CAST FOR EACH CANDIDATE. AT ELECTIONS, THE
NUMBER OF VOTES CAST FOR EACH CANDIDATE BY EACH POLITICAL PARTY
OR POLITICAL BODY OF WHICH SUCH CANDIDATE IS A NOMINEE SHALL BE
SEPARATELY STATED.[: PROVIDED, THAT THE NUMBER OF VOTES RECEIVED
BY EACH SET OF CANDIDATES UPON "STRAIGHT PARTY TICKETS" SHALL BE
ENTERED OPPOSITE THE NAMES OF THE RESPECTIVE CANDIDATES IN A
COLUMN IMMEDIATELY ADJOINING UPON THE LEFT WHICH COLUMN SHALL BE
OF CONVENIENT WIDTH AND SHALL BE HEADED "NUMBER OF VOTES
RECEIVED UPON STRAIGHT PARTY TICKETS."] IN AN IMMEDIATE COLUMN
TO THE LEFT THERETO, THE NUMBER OF VOTES RECEIVED BY EACH
CANDIDATE UPON ALL BALLOTS [OTHER THAN "STRAIGHT PARTY TICKETS"
INCLUDING ALL BALLOTS KNOWN AS "SPLIT TICKETS"] SHALL BE
ENTERED, SUCH COLUMN TO BE OF CONVENIENT WIDTH AND SHALL BE
HEADED "NUMBER OF VOTES [RECEIVED OTHER THAN UPON STRAIGHT PARTY
TICKETS." THE NUMBER OF VOTES RECEIVED BY EACH CANDIDATE AS
SHOWN IN THE COLUMN HEADED "NUMBER OF VOTES RECEIVED UPON
STRAIGHT PARTY TICKETS" SHALL THEN BE ADDED, TOGETHER WITH THE
NUMBER OF VOTES RECEIVED BY EACH CANDIDATE AS SHOWN IN THE
COLUMN HEADED "NUMBER OF VOTES RECEIVED OTHER THAN UPON STRAIGHT
PARTY TICKETS" AND THEREUPON, THE] RECEIVED." THE TOTAL NUMBER
OF VOTES RECEIVED BY EACH CANDIDATE SHALL BE ENTERED IN A COLUMN
ON THE EXTREME RIGHT-HAND SIDE OF THE RETURN SHEETS, WHICH
COLUMN SHALL BE OF CONVENIENT WIDTH AND SHALL BE HEADED "TOTAL
NUMBER OF VOTES."
NOTHING IN THIS SECTION CONTAINED SHALL BE CONSTRUED TO
AUTHORIZE OR PERMIT THE CANVASSING, COUNTING OR TALLYING BALLOTS
WITH ANY LESS DEGREE OF STRICTNESS THAN OTHERWISE REQUIRED BY
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LAW.[, THE INTENTION OF THIS SECTION BEING TO DISPENSE WITH THE
INDIVIDUAL TALLY MARKS ONLY SO FAR AS THE SO-CALLED "STRAIGHT
PARTY TICKETS" ARE CONCERNED, AND ALL OTHER OPERATIONS OF
TALLYING, COUNTING, CANVASSING AND ANNOUNCING THE VOTES SHALL
PROCEED AS NEAR AS MAY BE IN ACCORDANCE WITH THE OTHER
PROVISIONS OF THIS ACT.]
* * *
SECTION 1223. WHAT BALLOTS SHALL BE COUNTED; MANNER OF
COUNTING; DEFECTIVE BALLOTS.--(A) NO BALLOT WHICH IS SO MARKED
AS TO BE CAPABLE OF IDENTIFICATION SHALL BE COUNTED. ANY BALLOT
THAT IS MARKED IN BLUE, BLACK OR BLUE-BLACK INK, IN FOUNTAIN PEN
OR BALL POINT PEN, OR BLACK LEAD PENCIL OR INDELIBLE PENCIL,
SHALL BE VALID AND COUNTED: PROVIDED, THAT ALL MARKINGS ON THE
BALLOT ARE MADE BY THE SAME PEN OR PENCIL. ANY BALLOT MARKED BY
ANY OTHER MARK THAN AN (X) OR CHECK ( ) IN THE SPACES PROVIDED
FOR THAT PURPOSE SHALL BE VOID AND NOT COUNTED: PROVIDED,
HOWEVER, THAT NO VOTE RECORDED THEREON SHALL BE DECLARED VOID
BECAUSE A CROSS (X) OR CHECK ( ) MARK THEREON IS IRREGULAR IN
FORM. [ANY ERASURE, MUTILATION OR DEFECTIVE MARKING OF THE
STRAIGHT PARTY COLUMN AT NOVEMBER ELECTIONS SHALL RENDER THE
ENTIRE BALLOT VOID, UNLESS THE VOTER HAS PROPERLY INDICATED HIS
CHOICE FOR CANDIDATES IN ANY OFFICE BLOCK, IN WHICH CASE THE
VOTE OR VOTES FOR SUCH CANDIDATES ONLY SHALL BE COUNTED.] ANY
ERASURE OR MUTILATION IN THE VOTE IN ANY OFFICE BLOCK SHALL
RENDER VOID THE VOTE FOR ANY CANDIDATES IN SAID BLOCK, BUT SHALL
NOT INVALIDATE THE VOTES CAST ON THE REMAINDER OF THE BALLOT, IF
OTHERWISE PROPERLY MARKED. ANY BALLOT INDICATING A VOTE FOR ANY
PERSON WHOSE NAME IS NOT PRINTED ON THE BALLOT, BY WRITING,
STAMPING OR STICKER, SHALL BE COUNTED AS A VOTE FOR SUCH PERSON,
IF PLACED IN THE PROPER SPACE OR SPACES PROVIDED FOR THAT
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PURPOSE, WHETHER OR NOT AN (X) OR CHECK ( ) IS PLACED AFTER THE
NAME OF SUCH PERSON: PROVIDED, HOWEVER, THAT IF SUCH WRITING,
STAMPING OR STICKER IS PLACED OVER THE NAME OF A CANDIDATE
PRINTED ON THE BALLOT, IT SHALL RENDER THE ENTIRE VOTE IN SAID
OFFICE BLOCK VOID. IF AN ELECTOR SHALL MARK [HIS] THEIR BALLOT
FOR MORE PERSONS FOR ANY OFFICE THAN THERE ARE CANDIDATES TO BE
VOTED FOR FOR SUCH OFFICE, OR IF, FOR ANY REASON, IT MAY BE
IMPOSSIBLE TO DETERMINE [HIS] THEIR CHOICE FOR ANY OFFICE, [HIS]
THEIR BALLOT SHALL NOT BE COUNTED FOR SUCH OFFICE, BUT THE
BALLOT SHALL BE COUNTED FOR ALL OFFICES FOR WHICH IT IS PROPERLY
MARKED. BALLOTS NOT MARKED, OR IMPROPERLY OR DEFECTIVELY MARKED,
SO THAT THE WHOLE BALLOT IS VOID, SHALL BE SET ASIDE AND SHALL
BE PRESERVED WITH THE OTHER BALLOTS.
* * *
SECTION 1302.1. DATE OF APPLICATION FOR ABSENTEE BALLOT.--
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (A.1) AND (A.2),
APPLICATIONS FOR ABSENTEE BALLOTS SHALL BE RECEIVED IN THE
OFFICE OF THE COUNTY BOARD OF ELECTIONS NOT EARLIER THAN FIFTY
(50) DAYS BEFORE THE PRIMARY OR ELECTION [AND], EXCEPT THAT IF A
COUNTY BOARD OF ELECTIONS DETERMINES THAT IT WOULD BE DESIRABLE
AND CONSISTENT WITH ITS OPERATIONAL NEEDS, ANY APPLICATIONS FOR
ABSENTEE BALLOTS RECEIVED MORE THAN FIFTY (50) DAYS BEFORE THE
PRIMARY OR ELECTION MAY BE PROCESSED BEFORE THAT TIME.
APPLICATIONS FOR ABSENTEE BALLOTS MAY BE PROCESSED IF RECEIVED
NOT LATER THAN FIVE O'CLOCK P.M. OF THE FIRST TUESDAY PRIOR TO
THE DAY OF ANY PRIMARY OR ELECTION.
[(A.1) EXCEPT AS PROVIDED IN SUBSECTION (A.2), IN THE EVENT
ANY ELECTOR OTHERWISE QUALIFIED WHO IS SO PHYSICALLY DISABLED OR
ILL ON OR BEFORE THE FIRST TUESDAY PRIOR TO ANY PRIMARY OR
ELECTION THAT HE IS UNABLE TO FILE HIS APPLICATION OR WHO
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BECOMES PHYSICALLY DISABLED OR ILL AFTER THE FIRST TUESDAY PRIOR
TO ANY PRIMARY OR ELECTION AND IS UNABLE TO APPEAR AT HIS
POLLING PLACE OR ANY ELECTOR OTHERWISE QUALIFIED WHO BECAUSE OF
THE CONDUCT OF HIS BUSINESS, DUTIES OR OCCUPATION WILL
NECESSARILY BE ABSENT FROM THE MUNICIPALITY OF HIS RESIDENCE ON
THE DAY OF THE PRIMARY OR ELECTION, WHICH FACT WAS NOT AND COULD
NOT REASONABLY BE KNOWN TO SAID ELECTOR ON OR BEFORE THE FIRST
TUESDAY PRIOR TO ANY PRIMARY OR ELECTION, THE ELECTOR SHALL BE
ENTITLED TO AN ABSENTEE BALLOT AT ANY TIME PRIOR TO FIVE O'CLOCK
P.M. ON THE FIRST FRIDAY PRECEDING ANY PRIMARY OR ELECTION UPON
EXECUTION OF AN EMERGENCY APPLICATION IN SUCH FORM PRESCRIBED BY
THE SECRETARY OF THE COMMONWEALTH.
(A.2) IN THE EVENT ANY ELECTOR OTHERWISE QUALIFIED WHO
BECOMES SO PHYSICALLY DISABLED OR ILL BETWEEN FIVE O'CLOCK P.M.
ON THE FIRST FRIDAY PRECEDING ANY PRIMARY OR ELECTION AND EIGHT
O'CLOCK P.M. ON THE DAY OF ANY PRIMARY OR ELECTION THAT HE IS
UNABLE TO APPEAR AT HIS POLLING PLACE OR ANY ELECTOR OTHERWISE
QUALIFIED WHO BECAUSE OF THE CONDUCT OF HIS BUSINESS, DUTIES OR
OCCUPATION WILL NECESSARILY BE ABSENT FROM THE MUNICIPALITY OF
HIS RESIDENCE ON THE DAY OF THE PRIMARY OR ELECTION, WHICH FACT
WAS NOT AND COULD NOT REASONABLY BE KNOWN TO SAID ELECTOR PRIOR
TO FIVE O'CLOCK P.M. ON THE FIRST FRIDAY PRECEDING ANY PRIMARY
OR ELECTION, THE ELECTOR SHALL BE ENTITLED TO AN ABSENTEE BALLOT
IF THE ELECTOR COMPLETES AND FILES WITH THE COURT OF COMMON
PLEAS IN THE COUNTY IN WHICH THE ELECTOR IS QUALIFIED TO VOTE AN
EMERGENCY APPLICATION OR A LETTER OR OTHER SIGNED DOCUMENT,
WHICH INCLUDES THE SAME INFORMATION AS IS PROVIDED ON THE
EMERGENCY APPLICATION. UPON A DETERMINATION THAT THE ELECTOR IS
A QUALIFIED ABSENTEE ELECTOR UNDER SECTION 1301, THE JUDGE SHALL
ISSUE AN ABSENTEE BALLOT TO THE ELECTOR.]
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(A.3) (1) THE FOLLOWING CATEGORIES OF ELECTORS MAY APPLY
FOR AN ABSENTEE BALLOT UNDER THIS SUBSECTION, IF OTHERWISE
QUALIFIED:
(I) AN ELECTOR WHOSE PHYSICAL DISABILITY OR ILLNESS
PREVENTED THE ELECTOR FROM APPLYING FOR AN ABSENTEE BALLOT
BEFORE FIVE O'CLOCK P.M. ON THE FIRST TUESDAY PRIOR TO THE DAY
OF THE PRIMARY OR ELECTION.
(II) AN ELECTOR WHO, BECAUSE OF THE ELECTOR'S BUSINESS,
DUTIES OR OCCUPATION, WAS UNABLE TO APPLY FOR AN ABSENTEE BALLOT
BEFORE FIVE O'CLOCK P.M. ON THE FIRST TUESDAY PRIOR TO THE DAY
OF THE PRIMARY OR ELECTION.
(III) AN ELECTOR WHO BECOMES SO PHYSICALLY DISABLED OR ILL
AFTER FIVE O'CLOCK P.M. ON THE FIRST TUESDAY PRIOR TO THE DAY OF
THE PRIMARY OR ELECTION THAT THE ELECTOR IS UNABLE TO APPEAR AT
THE POLLING PLACE ON THE DAY OF THE PRIMARY OR ELECTION.
(IV) AN ELECTOR WHO, BECAUSE OF THE CONDUCT OF THE ELECTOR'S
BUSINESS, DUTIES OR OCCUPATION, WILL NECESSARILY BE ABSENT FROM
THE ELECTOR'S MUNICIPALITY OF RESIDENCE ON THE DAY OF THE
PRIMARY OR ELECTION, WHICH FACT WAS NOT AND COULD NOT REASONABLY
BE KNOWN TO THE ELECTOR ON OR BEFORE FIVE O'CLOCK P.M. ON THE
FIRST TUESDAY PRIOR TO THE DAY OF THE PRIMARY OR ELECTION.
(2) AN ELECTOR DESCRIBED IN PARAGRAPH (1) MAY SUBMIT AN
APPLICATION FOR AN ABSENTEE BALLOT AT ANY TIME UP UNTIL THE TIME
OF THE CLOSING OF THE POLLS ON THE DAY OF THE PRIMARY OR
ELECTION. THE APPLICATION SHALL INCLUDE A DECLARATION DESCRIBING
THE CIRCUMSTANCES THAT PREVENTED THE ELECTOR FROM APPLYING FOR
AN ABSENTEE BALLOT BEFORE FIVE O'CLOCK P.M. ON THE FIRST TUESDAY
PRIOR TO THE DAY OF THE PRIMARY OR ELECTION OR THAT PREVENT THE
ELECTOR FROM APPEARING AT THE POLLING PLACE ON THE DAY OF THE
PRIMARY OR ELECTION, AND THE ELECTOR'S QUALIFICATIONS UNDER
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