PRINTER'S NO. 24
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
48
Session of
2019
INTRODUCED BY GORDNER, FOLMER, LANGERHOLC, MARTIN, HUTCHINSON,
DiSANTO, YAW, BARTOLOTTA, K. WARD AND WHITE, JANUARY 11, 2019
REFERRED TO STATE GOVERNMENT, JANUARY 11, 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.
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§ 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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(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.
(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
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decertification.
(C) 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 at the time of
appointment.
(ii) The Secretary of State.
(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.
SUBCHAPTER B
VOTING MACHINES
(Reserved)
SUBCHAPTER C
ELECTRONIC VOTING SYSTEMS
(Reserved)
Section 2. This act shall take effect immediately.
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