PRINTER'S NO. 602
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
528
Session of
2021
INTRODUCED BY MENSCH, GORDNER, AUMENT, ARGALL, BARTOLOTTA,
BROOKS, HUTCHINSON, MARTIN, MASTRIANO, PITTMAN, SCAVELLO,
STEFANO AND J. WARD, APRIL 14, 2021
REFERRED TO STATE GOVERNMENT, APRIL 14, 2021
AN ACT
Providing for reporting allegations of fraud relating to the
2020 general election and imposing duties on the Auditor
General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the 2020 General
Election Review and Audit Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Pennsylvania Election Code." The act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
Section 3. Duties of the Auditor General.
(a) Audit.--Within seven days of the effective date of this
section, the Auditor General shall coordinate and manage an
audit of the 2020 General Election.
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(b) Samples.--The audit shall include statistically
significant samples chosen from each county in this
Commonwealth.
(c) Report.--The Auditor General shall issue a report, as
directed by this act, to accompany the audit. The report issued
pursuant to this act by the Auditor General shall include, but
not be limited to, the following data related to the
administration of the 2020 general 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 boards 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 number of absentee ballots returned by qualified electors
which were canvassed.
(6) For each county and the sum for this Commonwealth,
the number of mail-in ballots returned by qualified electors
which were canvassed.
(7) For each county and the sum for this Commonwealth,
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the number of qualified electors voting by a provisional
ballot under section 1210(a.4) of the Pennsylvania Election
Code.
(8) 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.
(9) 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.
(10) For each county and the sum for this Commonwealth,
the number of provisional ballots under paragraphs (7), (8)
and (9) which were canvassed.
(11) 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.
(12) 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.
(13) 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 30 days before the 2020 general
election.
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(ii) Fewer than 15 days before the 2020 general
election.
(14) 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)(1.1) of the
Pennsylvania Election Code.
(15) 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.
(16) 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 that which is permissible by law,
notwithstanding any court opinion or order.
(17) 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 (16), including
determinations made on the incident, legal actions filed and
referrals to law enforcement.
(18) A review of issues or incidents encountered with an
electronic voting system that received the approval of the
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Secretary of the Commonwealth under section 1105-A of the
Pennsylvania Election Code, including any technical issues or
software problems encountered in polling places and
recommendations for spot verifications of tabulated votes as
compared to reported votes.
(19) A review of any inconsistent treatment of mail-in
ballots received by counties after 8 p.m. on November 3,
2020, under Articles XIII and XIII-D of the Pennsylvania
Election Code.
(20) A review of any inconsistencies in the manner in
which counties processed deficient ballots under Articles
XIII and XIII-D of the Pennsylvania Election Code.
(21) A review of the access given to poll watchers as
provided for under section 417 of the Pennsylvania Election
Code, including any inconsistencies in the standards used in
allowing access or disparate treatment of poll watchers due
to political affiliation.
(22) A review of the access given to authorized
representatives as provided for under section 1308(g)(1.1)
and (2) of the Pennsylvania Election Code, including any
inconsistencies in the standards used in allowing access or
disparate treatment of authorized representatives due to
political affiliation.
(23) A review of issues or incidents regarding the use
of drop boxes, the monitoring of drop boxes and any
inconsistencies with the monitoring and usage of drop boxes
by counties.
(24) A review of issues or incidents of the review
process of absentee, mail-in, in-person and provisional
ballots and any inconsistencies in the standards applied to
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determine the eligibility of voters or ballots by counties.
Section 4. Subpoena.
(a) Authority.--The Auditor General may issue subpoenas and
require the attendance of witnesses and the production of books,
accounts, papers, records, documents and files and to examine
the witnesses and documents for matters under this act.
(b) Failure to obey.--The Auditor General or his
representative may invoke the aid of Commonwealth Court or any
court of record of the Commonwealth for the disobedience of a
subpoena issued under this section. The court may issue an order
requiring the person subpoenaed to obey the subpoena or to
produce the requested books, accounts, papers, records,
documents and files. Failure to obey an order of the court may
be punished by contempt of court.
(c) Inspection.--
(1) Except as provided under paragraph (3), documentary
material produced under this section may not, unless
otherwise ordered by a court for good cause, be produced for
inspection or copying to a person other than an authorized
employee of the Auditor General without the consent of the
person who produced the material.
(2) Except as provided under paragraph (3), the content
of documentary material produced under this section may not,
unless otherwise ordered by a court for good cause, be
disclosed to a person other than an authorized employee of
the Auditor General without the consent of the person who
produced the material.
(3) Documentary material produced under this section
must be provided in a reasonable manner as determined by the
Auditor General. A person shall not be required to compile,
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maintain, format or organize documentary material in a manner
in which the person does not currently compile, maintain,
format or organize the documentary material.
Section 5. Effective date.
This act shall take effect immediately.
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