Regular Session 2021-2022 Senate Bill 0819 P.N. 1022

PRINTER'S NO. 1022

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

819

Session of

2021

INTRODUCED BY MASTRIANO, PITTMAN, HUTCHINSON AND GORDNER,

AUGUST 11, 2021

REFERRED TO STATE GOVERNMENT, AUGUST 11, 2021

AN ACT

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," establishing the Election Commission; removing

the Secretary of the Commonwealth and the Department of State

from the election process and from campaign finance

oversight, except for constitutionally mandated functions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended to

read:

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] Election

Commission, 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.

Section 2. Section 102 of the act is amended by adding a

subsection to read:

* * *

(z.7) The word "election commission" shall mean the Election

Commission established under 25 Pa.C.S. § 502 (relating to

Election Commission).

Section 3. Sections 302(k), (l) and (m), 305(a)4 and (c),

535, 536(c), 537(b) and (c), 538, 539, 540, 626, 627, 628, 629,

630 introductory paragraph, 631, 633, 636, 804, 808.1, 809.1(b)

and (c), 811, 901, 903, 904, 905, 907, 911, 912.2(a) and (c),

913(a) and (f), 914, 915, 916, 918, 921, 923, 951(a), 952,

953(a), 954, 976, 977, 978, 978.1, 978.2, 978.3, 979, 981(a),

984, 993(b), 994(a), 995, 997(a), 999.1 and 1002(d) of the act

are amended to read:

Section 302. Powers and Duties of County Boards.--The county

boards of elections, within their respective counties, shall

exercise, in the manner provided by this act, all powers granted

to them by this act, and shall perform all the duties imposed

upon them by this act, which shall include the following:

* * *

(k) To receive from district election officers the returns

of all primaries and elections, to canvass and compute the same,

and to certify, no later than the third Monday following the

primary or election, the results thereof to the [Secretary of

20210SB0819PN1022 - 2 -

the Commonwealth] Election Commission, as may be provided by

law, and to such other authorities as may be provided by law.

The certification shall include the number of votes received in

each election district by each candidate for the General

Assembly.

(l) To publicly announce by posting at its office the

results of primaries and elections for county, city, borough,

township, ward, school district, poor district, election

offices, and party offices, if any; to provide the results to

the [Secretary of the Commonwealth] Election Commission; and to

issue certificates of election to the successful candidates for

said offices.

(m) To prepare and submit, within twenty days after the last

day to register to vote in each primary, municipal and general

election, a report to the [Secretary of the Commonwealth]

Election Commission in the form prescribed by him, which shall

contain a statement of the total number of electors registered

in each election district, together with a breakdown of

registration by each political party or other designation.

Copies of said statement shall be furnished, upon request, to

the county chairman of each political party and political body.

The [Secretary of the Commonwealth] Election Commission shall

forthwith submit such information to the Legislative Data

Processing Center and shall publicly report the total number of

registered electors for each political party or other

designation in each county not later than five days prior to the

primary, municipal or general election.

* * *

Section 305. Expenses of County Boards and of Primaries and

Elections to Be Paid by County; Expenses of Special Elections;

20210SB0819PN1022 - 3 -

Boards to Be Provided with Offices.--

(a) The county commissioners or other appropriating

authorities of the county shall appropriate annually, and from

time to time, to the county board of elections of such county,

the funds that shall be necessary for the maintenance and

operation of the board and for the conduct of primaries and

elections in such county, including the payment of the

compensation of the employes of the board, custodians, election

officers, and other assistants and employes herein provided for,

and the fees of witnesses as herein provided; for the purchase

or printing, under contracts made by the board, of all ballots

and other primary and election supplies required by this act, or

which the board shall consider necessary to carry out the

provisions of this act; for the purchase, under contracts made

by the board, and maintenance, of voting machines, when adopted

as herein provided, and of all other primary and election

equipment required by this act, or which the board shall

consider necessary to carry out the provisions of this act; for

the publication of notices authorized by this act, under

contracts made by the board, and for all other necessary

expenses hereunder: Provided, however, That bonds or other

evidences of indebtedness, payable not later than thirty years

from their dates of issuance, may be issued by the county

commissioners or other appropriating authorities of the county

in accordance with the provisions of law relating to the

increase of indebtedness of such county, to meet all or any part

of the cost of voting machines.

* * *

4. The [Department of State] Election Commission shall

reimburse county boards of election for those additional costs

20210SB0819PN1022 - 4 -

incurred by the county for any special election held to fill a

vacancy in the Pennsylvania General Assembly. Only those costs

which are attributable solely to the special election shall be

reimbursed. Reimbursement shall not be denied because the

special election is held on the same day as a general, municipal

or primary election if the county can show that additional costs

were incurred attributable solely to the special election. The

Governor may, from time to time, allocate to the [Department of

State] Election Commission as much money from the General Fund

as he deems necessary to permit the [department] Election

Commission to reimburse the counties for costs incurred in the

special elections.

* * *

class and county for election expenses incurred in and

incidental to preparing, handling, mailing, delivering, counting

and storing official absentee ballots requested by any elector

in military service, Federal employment overseas, Merchant

Marine, and in any religious group or welfare agency assisting

the Armed Forces, including spouses and dependents, and

bedridden and hospitalized veterans as herein provided in the

sum of sixty cents (60¢) for each such ballot mailed or

delivered.

Each county board of elections shall file in the [Department

of State] Election Commission, not later than thirty days after

every election, on a form prescribed by the [Department of

State] Election Commission, a statement of the number of ballots

mailed or delivered in such manner as is now or may hereafter be

provided by law to electors in actual military service, Federal

employment overseas, Merchant Marine, and in any religious group

20210SB0819PN1022 - 5 -

or welfare agency assisting the Armed Forces, including spouses

and dependents, and to bedridden or hospitalized veterans.

The [Department of State] Election Commission shall ascertain

and fix the amount due, as herein provided, to each city of the

first class and county for election expenses incurred, and by

requisition in the usual course shall provide for payment of

such amounts so found due from moneys appropriated to the

[Department of State] Election Commission for such purpose, or

shall prorate the moneys so appropriated among the several

cities of the first class and counties to be reimbursed, if the

amount so appropriated shall not be sufficient for the payment

in full to each city of the first class and county of the amount

found to be due.

[Section 535. Definitions.--The following words and phrases

when used in this subdivision shall have the following meanings

unless otherwise clearly apparent from the context:

The word "bureau" shall mean the Bureau of Commissions,

Elections and Legislation of the Department of State.

The word "secretary" shall mean the Secretary of the

Commonwealth.]

Section 536. Restrictions on Alteration.--* * *

subsection (b) is sought, the following shall apply:

(1) The county board of elections shall notify the

[secretary] Election Commission, in writing, of the proposed

alteration. The notice shall include a map and a description of

the proposed boundary of any new or altered district or

districts. The [secretary] Election Commission shall forward a

copy of any notice of proposed alteration to the Legislative

Data Processing Center within seven (7) days of receipt.

20210SB0819PN1022 - 6 -

(2) Before a county board of elections may petition the

court for a change in the boundary of an election district under

this section, the [secretary] Election Commission must make a

determination that the board has complied with subsection (b).

Any of the following constitute evidence of the determination

under this clause:

(i) A certification by the [secretary ] Election Commission

that the determination has been made.

(ii) A certification by the board that notice under this

clause has been given to the [secretary and that the secretary]

Election Commission and that the Election Commission has not

acted within forty-five (45) days of the notice.

(3) The board shall forward a copy of the order approving

any alteration to the [secretary] Election Commission and the

Legislative Data Processing Center within seven (7) days of the

issuance of that order.

Section 537. Alterations After Period of Restriction.--* * *

(b) Within thirty (30) days of an alteration under

subsection (a), the county board of elections shall submit to

the [bureau] Election Commission a report, including a map and a

verbal description, of the boundaries of each resulting

district.

report submitted under subsection (b) to determine whether the

boundaries of all resulting election districts included in the

report comply with the requirements of subsection (a). If the

[bureau] Election Commission determines that the boundaries of

any resulting election district included in the report do not

comply with the requirements of subsection (a), the [bureau]

Election Commission shall send written notice of this

20210SB0819PN1022 - 7 -

determination to the county board of elections within thirty

(30) days of receipt of the report. Within sixty (60) days of

receipt of the notice, the county board shall submit a

subsequent report regarding the election district or districts

named in the [bureau's] Election Commission's notice, indicating

that changes have been made to the boundaries of each such

election district so as to comply with the requirements of

subsection (a). If the county board fails to submit a subsequent

report indicating that changes have been made to the boundaries

of each such election district so as to comply with the

requirements of subsection (a), the [Department of State]

Election Commission shall withhold any reimbursements owed to

the county board under section 305 until the [bureau] Election

Commission receives the report.

Section 538. Reports.--(a) Within six (6) months of the

effective date of this subdivision, each county board of

elections shall submit to the [bureau] Election Commission a

report, including maps and verbal descriptions, of the

boundaries of every election district within the county. All

reports filed under section 536 or 537 shall be filed as

amendments to this initial report.

(b) The [bureau] Election Commission shall retain at all

times the reports of the current boundaries of all election

districts, including maps and verbal descriptions. Copies of

such reports shall be made available to the General Assembly, on

request, and to the public for a fee, as established by the

[department] Election Commission.

Section 539. Election Results; Registration.--In addition to

any other reports, returns or certifications required by any

other law, within thirty (30) days after a primary, municipal,

20210SB0819PN1022 - 8 -

special or general election, the county board of elections shall

submit to the [bureau] Election Commission a report stating the

total number of votes cast in each voting district for each

candidate for the following offices:

(1) A Statewide office.

(2) State Senator.

(3) State Representative.

(4) United States Representative.

Section 540. Regulations.--The [secretary] Election

Commission may promulgate regulations to administer this

subdivision.

Section 626. Special Elections for United States Senator;

Nominations.--Whenever a vacancy shall occur in the office of

United States Senator, said vacancy shall be filled for the

unexpired term by the vote of the electors of the State at a

special election to be held at the time of the next general or

municipal election, occurring at least ninety (90) days after

the happening of such vacancy, and it shall be the duty of the

Governor to issue writs of election to the various county boards

of elections and to the [Secretary of the Commonwealth] Election

Commission within ten (10) days after the happening of said

vacancy. Candidates to fill vacancies in the office of United

States Senator shall be nominated by political parties, in

accordance with the party rules relating to the filling of

vacancies, by means of nomination certificates, in the form

prescribed in section 630 of this act; and by political bodies,

by means of nomination papers, in accordance with the provisions

of sections 951, 952 and 954 of this act. Said nomination

certificates and nomination papers shall be filed in the office

of the [Secretary of the Commonwealth] Election Commission at

20210SB0819PN1022 - 9 -

least sixty (60) days prior to the date of said special

election. Until such time as said vacancy shall be filled by an

election as herein provided, the Governor of the Commonwealth

may make a temporary appointment to fill said vacancy.

Section 627. Special Elections for Representative in

Congress.--Whenever a vacancy shall occur or exist in the office

of Representative in Congress from this State during a session

of Congress, or whenever such vacancy shall occur or exist at a

time when the members of Congress shall be required to meet at

any time previous to the next general election, the Governor

shall issue, within ten days after the happening of said

vacancy, or after the calling of an extraordinary session of

Congress during the existence of said vacancy, a writ of

election to the proper county board or boards of election and to

the [Secretary of the Commonwealth] Election Commission, for a

special election to fill said vacancy, which election shall be

held on a date named in said writ, which shall not be less than

sixty (60) days after the issuance of said writ. In all other

cases no such special election to fill said vacancy shall be

held. The Governor may fix, in such writ of election, the date

of the next ensuing primary or municipal election as the date

for holding any such special election.

Section 628. Special Elections for Senator and

Representative in the General Assembly.--Whenever a vacancy

shall occur in either house of the General Assembly whether or

not it then be in session, the presiding officer of such house

shall, within ten (10) days after the happening of the vacancy,

issue a writ of election to the proper county board or boards of

election and to the [Secretary of the Commonwealth] Election

Commission, for a special election to fill said vacancy, which

20210SB0819PN1022 - 10 -

election shall be held at the next ensuing primary, municipal or

general election scheduled at least sixty (60) days after the

issuance of the writ or such other earlier date which is at

least sixty (60) days following the issuance of the writ as the

presiding officer may deem appropriate: Provided, however, That

should the Governor after the issuance of the said writ of

election advise the presiding officer that the General Assembly

will be called into extraordinary session prior to the date set

for such special election, the presiding officer may countermand

the writ theretofore issued and shall issue a new writ of

election, fixing therein such earlier date therefor as is deemed

expedient, but which shall not be less than sixty (60) days

after the issuance of said writ: Provided further, That if the

vacancy shall occur less than seven (7) months prior to the

expiration of the term, a special election shall be held only if

in the opinion of the presiding officer the election is in the

public interest.

Section 629. Nominations for Special Election for

Representative in Congress, Senator and Representative in the

General Assembly and Member of Council or Legislative Body of

Cities, Boroughs, Towns and Townships.--Candidates to fill

vacancies in the offices of Representative in Congress, Senator

and Representative in the General Assembly and member of the

council or legislative body of any city, borough, town or

township shall be nominated by political parties, in accordance

with the party rules relating to the filling of vacancies, by

means of nomination certificates, in the form prescribed in

section 630 of this act; and by political bodies, by means of

nomination papers, in accordance with the provisions of sections

951, 952 and 954 of this act. Said nomination certificates and

20210SB0819PN1022 - 11 -

nomination papers for the office of Representative in Congress,

Senator and Representative in the General Assembly shall be

filed in the office of the [Secretary of the Commonwealth]

Election Commission not later than fifty (50) days prior to the

date of the special election, and for the office of member of

the council or legislative body of a city, borough, town or

township, in the office of the county board of elections wherein

such city, borough, town or township is situate, not later than

fifteen (15) days after the issuance of the writ of election.

Section 630. Number, Form and Requirements of Nomination

Certificates.--Each political party shall be entitled to

nominate and to file nomination certificates for as many

candidates as will be voted for at such special election. Every

nomination certificate for a special election to be held under

the provisions of this article shall be in form prescribed by

the [Secretary of the Commonwealth] Election Commission, and

shall set forth the following:

* * *

Section 631. Examination of Nomination Certificates and

Nomination Papers by the [Secretary of the Commonwealth]

Election Commission and County Board of Elections; Review.--It

shall be the duty of the [Secretary of the Commonwealth]

Election Commission or the proper county board of elections, as

the case may be, to examine, as to legal sufficiency, in the

manner and under the provisions of section 976 of this act, all

nomination certificates and nomination papers brought to his or

its office for the purpose of filing, for the nomination of

candidates for a special election, as herein provided, and if

manifestly defective, they shall not be filed. The action of the

[Secretary of the Commonwealth] Election Commission or the

20210SB0819PN1022 - 12 -

county board of elections, in refusing to accept and file any

such certificate or paper may be reviewed by the court upon an

application to compel its reception and filing as of the date

when it was brought to said office. No such certificate of

nomination or nomination paper shall be refused by the

[Secretary of the Commonwealth] Election Commission or the

county board of elections, except for any of the reasons

provided for in section 976 of this act.

Section 633. Withdrawals of Candidates Nominated for a

Special Election.--Any person who has been nominated by any

political party or political body for a special election as

herein provided, may withdraw his name from nomination by a

request in writing signed by him and acknowledged before an

officer qualified and empowered to administer oaths, and filed

in the office of the officer or board with whom the nomination

certificate or nomination paper was filed within seven (7) days

next succeeding the last day for filing nomination certificates

or papers. Such withdrawals to be effective must be received at

the office of the [Secretary of the Commonwealth] Election

Commission or county board of elections, as the case may be, not

later than five (5) o'clock P. M. on the last day for filing

same. No name, so withdrawn, shall be printed on the ballot or

ballot labels. No candidate may withdraw any withdrawal notice

already received and filed, and thereby reinstate his

nomination.

Section 636. Certification by [Secretary of the

Commonwealth] Election Commission of Candidates for Special

Elections.--The [Secretary of the Commonwealth] Election

Commission shall, not later than the thirtieth (30th) day next

preceding the day fixed for any special election to fill a

20210SB0819PN1022 - 13 -

vacancy in the offices of United States Senator, Representative

in Congress, Senator and Representative in the General Assembly,

certify to the proper county board or boards the names and

residences of, and parties or political bodies represented by,

all candidates whose nomination certificates or papers have been

filed with him, as herein provided, for such election, and have

not been found and declared invalid, and to be voted for in the

county or any district or districts thereof, substantially in

the form of the ballots to be used therein.

Section 804. Organization of State Committee; Rules.--Each

political party shall be directed by a State committee, to be

chosen in such a manner and for such a term of office as party

rules may provide. The members of the State committee shall meet

for organization not later than the sixth Wednesday following

their election, at such hour and place as shall be designated by

the State chairman of each political party. The State committee

of each political party may make such rules for government of

the party in the State, not inconsistent with law, as it may

deem expedient; and may also revoke, alter or renew, in any

manner not inconsistent with law, any present or future rules of

such political party. No such rules shall be effective until a

certified copy thereof has been filed in the office of the

[Secretary of the Commonwealth] Election Commission.

Section 808.1. Selection of Delegates to National

Conventions; Forwarding of Rules to [Secretary of Commonwealth]

Election Commission.--Delegates and alternate delegates to a

National convention of a political party shall be apportioned,

selected or elected in such manner as the rules of the party may

provide. The secretary of any political party shall certify and

forward to the [Secretary of the Commonwealth] Election

20210SB0819PN1022 - 14 -

Commission a copy of the party rules at least thirty days prior

to the first day on which nomination petitions may be circulated

for the offices which are to be filled at the Spring primaries

in the years in which candidates for the President of the United

States are to be nominated, or at such other times as a

political party shall meet in National convention or conference

when candidates for the President of the United States are not

to be nominated.

Section 809.1. Delegate and Alternate Delegate Commitments;

Authorization Required; Petitions.--* * *

(b) No candidate for delegate or alternate delegate shall

make a commitment unless he has obtained prior authorization to

do so from the presidential candidate to whom he is pledging

support. No candidate for delegate or alternate delegate shall

be allowed to commit himself to any presidential candidate nor

shall the [Secretary of the Commonwealth] Election Commission

cause any notation of commitment to be printed on any ballot

unless the presidential candidate forwards notice to the

[Secretary of the Commonwealth] Election Commission, upon a form

prescribed by the [secretary] Election Commission, that he is a

candidate for the nomination of President of the United States

and that he authorizes delegates and alternate delegates to

pledge their support and commit themselves to him. This notice

must be received by the [secretary] Election Commission at least

fifteen days prior to the first day on which nomination

petitions may be circulated for the offices which are to be

filled at the Spring primaries in the years in which candidates

for the President of the United States are to be nominated.

particular presidential candidates shall be obtained only from

20210SB0819PN1022 - 15 -

the presidential candidate or his duly authorized representative

who is certified by the [Secretary of the Commonwealth] Election

Commission as being authorized by the candidate to distribute

nomination petitions bearing his name.

Section 811. Party Officer Elected in Case of Tie Vote.--In

the case of a tie vote for any party office, the candidates

receiving the tie vote shall cast lots before the county board

or the [Secretary of the Commonwealth] Election Commission, as

the case may be, at twelve (12) o'clock noon on the third Friday

following the primary, and the one to whom the lot shall fall

shall be entitled to the election. In any case where the fact of

a tie vote is not authoritatively determined until after the

third Wednesday following the primary, the day for casting lots

shall be the second day after the fact of such tie vote is

authoritatively determined. If any candidate or candidates,

receiving a tie vote, fail to appear before twelve (12) o'clock

noon on said day, the county board or the [Secretary of the

Commonwealth] Election Commission, as the case may be, shall

cast lots for him or them. For the purpose of casting lots any

candidate may appear in person, or by proxy appointed in

writing.

Section 901. Determination and Certification of State-wide

and County-wide Parties.--(a) The [Secretary of the

Commonwealth] Election Commission shall determine which

organizations are political parties within the State, within the

meaning of section 801(a) of this act, and not later than the

thirteenth Tuesday preceding each primary shall transmit to each

county board a list of said political parties which shall be

entitled to nominate candidates at primaries.

(b) Each county board shall determine which organizations

20210SB0819PN1022 - 16 -

are political parties within the county, within the meaning of

section 801(b), and not later than the thirteenth Tuesday

preceding each primary shall transmit to the [Secretary of the

Commonwealth] Election Commission a list of said political

parties which shall be entitled to nominate candidates at

primaries in said county.

Section 903. Offices for Which Candidates Are to Be

Nominated to Be Ascertained.--It shall be the duty of the

[Secretary of the Commonwealth] Election Commission, prior to

each primary, to ascertain the various national and State

offices to be filled at the ensuing November election, and for

which candidates are to be nominated at such primary, and

otherwise, in accordance with the provisions of this act. It

shall be the duty of each county board of elections, prior to

each primary, to ascertain the various public offices in said

county and in the cities, boroughs, towns, townships, wards,

school districts, poor districts and election districts thereof,

to be filled at the ensuing November election, and for which

candidates are to be nominated at such primary, and otherwise,

in accordance with the provisions of this act.

Section 904. Municipal Clerks and Party Chairmen to Furnish

Information as to Offices to Be Filled.--To assist the

respective county boards in ascertaining the offices to be

filled, it shall be the duty of the clerks or secretaries of the

various cities, boroughs, towns, townships and school districts,

with the advice of their respective solicitors, on or before the

thirteenth Tuesday preceding the Municipal primary, to send to

the county boards of their respective counties a written notice

setting forth all city, borough, town, township and school

district offices to be filled in their respective subdivisions

20210SB0819PN1022 - 17 -

at the ensuing municipal election, and for which candidates are

to be nominated at the ensuing primary. It shall also be the

duty of the chairman of the State committee of each political

party to forward to the [Secretary of the Commonwealth] Election

Commission and to the respective county boards, on or before the

thirteenth Tuesday preceding the General primary, a written

notice setting forth the number of delegates and alternate

delegates to the National convention of such party who are to be

elected in the State at large at the ensuing primary, and the

number of such delegates and alternate delegates who are to be

elected at said primary in such county, or in any district

within such county, or of which it forms a part. The said notice

shall also set forth the number of members of the National

committee, if any, who, under the National party rules, are to

be elected at the said primary in the State at large, and the

number of members of the State committee to be elected at the

said primary in such county, or in any district, or part of a

district within such county. It shall also be the duty of the

chairman of the county committee and, in cases where a city is

coextensive with a county, the chairman of the city committee of

each party, on or before the thirteenth Tuesday preceding the

General primary, to send to the county board of such county a

written notice setting forth all party offices to be filled in

the county at the ensuing primary.

Section 905. [Secretary of the Commonwealth] Election

Commission to Notify County Board of Certain Nominations to Be

Made.--On or before the thirteenth Tuesday preceding each

primary, the [Secretary of the Commonwealth] Election Commission

shall send to the county board of each county a written notice

designating all the offices for which candidates are to be

20210SB0819PN1022 - 18 -

nominated therein, or in any district of which such county forms

a part, or in the State at large, at the ensuing primary, and

for the nomination to which candidates are required to file

nomination petitions in the office of the [Secretary of the

Commonwealth] Election Commission, including that of President

of the United States; and shall also in said notice set forth

the number of presidential electors, United States Senators,

Representatives in Congress and State officers, including

senators, representatives and judges of courts of record, to be

elected at the succeeding November election by a vote of the

electors of the State at large, or by a vote of the electors of

the county, or of any district therein, or of any district of

which such county forms a part.

Section 907. Nomination Petitions to Be Filed.--The names of

candidates for nomination as President of the United States, and

the names of all other candidates for party nominations, and for

election as delegates, alternate delegates, members of

committees and other party officers, shall be printed upon the

official primary ballots or ballot labels of a designated party,

upon the filing of separate nomination petitions in their

behalf, in form prescribed by the [Secretary of the

Commonwealth] Election Commission, signed by duly registered and

enrolled members of such party who are qualified electors of the

State, or of the political district, as the case may be, within

which the nomination is to be made or election is to be held.

Nomination petitions of delegates and alternate delegates to

National conventions committed to support a particular

presidential candidate must be signed by the particular

presidential candidate to whom support is pledged before it can

be certified by the [Secretary of the Commonwealth] Election

20210SB0819PN1022 - 19 -

Commission. The name of no candidate shall be placed upon the

official ballots or ballot labels of a political party to be

used at any primary, unless such petition shall have been filed

in his behalf. In no event shall any person's name be printed

upon the official ballots or ballot labels of any party for the

office of delegate, alternate delegate, member of committee or

other party officer, unless he is a duly registered and enrolled

member of said party.

Section 911. Statement of Candidates for Delegates to

National Conventions.--Each candidate for election as delegate

or alternate delegate to a National party convention may

include, with his affidavit, the statement hereinafter set forth

in this section; but his failure to include such statement shall

not be a valid ground, on the part of the [Secretary of the

Commonwealth] Election Commission, for refusal to receive and

file his nomination petition. Such statement, if signed, shall

be signed on all the sheets of said petition, together with the

date of signing and shall be in substantially the following

form:

Delegate's Statement

I hereby declare to the voters of my political party in the

(here insert "State of Pennsylvania," if a delegate or alternate

delegate at large; otherwise, insert "..........District") that,

if elected and in attendance as a delegate to the National

convention of the party, I shall, with all fidelity, to the best

of my judgment and ability, in all matters coming before the

convention, support (here insert name of presidential candidate)

for President of the United States and shall use all honorable

means within my power to aid in securing the nomination for such

candidate for President.

20210SB0819PN1022 - 20 -

................................................................

(Signature of candidate for delegate or alternate delegate, and

date of signing.)

On the ballots or ballot labels used at a primary, after or

under the name of each candidate for delegate or alternate

delegate to a National party convention, shall appear the words

"committed to (here insert name of presidential candidate)" or

"uncommitted" according to whether the candidate included, or

failed to include, the above statement with his affidavit.

Section 912.2. Nominations by Minor Political Parties.--(a)

Notwithstanding any other provision in this act to the contrary,

minor political parties shall nominate all of their candidates

for the offices to be filled at the ensuing November election

pursuant to section 903 in accordance with the requirements of

section 951, other than subsection (e)(6) and (7) thereof, and

section 954, and shall obtain the required signatures during the

same time frame available to political bodies. Minor political

parties shall be subject to the provisions of this act

applicable to political parties with respect to special

elections, voter registration forms, substituted nominations and

all other purposes except as otherwise expressly provided in

this section. "Minor political party" shall mean a political

party as defined in section 801(a) or (b) whose State-wide

registration is less than fifteen per centum of the combined

State-wide registration for all State-wide political parties as

of the close of the registration period immediately preceding

the most recent November election. The [Secretary of the

Commonwealth] Election Commission shall prescribe forms or, if

there is insufficient time, make appropriate conforming changes

in existing forms to carry out the purposes of this section.

20210SB0819PN1022 - 21 -

* * *

office shall be given a statement composed by the [Secretary of

the Commonwealth] Election Commission setting forth his duties

under law to file pre-election and post-election campaign

finance reports and the penalties for nonfiling. Each person

filing any nomination paper for public office shall be given a

form to file expenses if the amount received or expended or

liabilities incurred shall exceed the sum of two hundred fifty

dollars ($250), and a form containing a sworn statement that the

amount received or expended or liabilities incurred do not

exceed the sum of two hundred fifty dollars ($250), with written

instructions prepared by the [Secretary of the Commonwealth]

Election Commission. Within three weeks after such candidate has

filed, the appropriate supervisor shall mail the same forms and

instructions to such candidate by first class mail.

Section 913. Place and Time of Filing Nomination Petitions;

Filing Fees.--(a) Nomination petitions in the case of

candidates for the office of President of the United States,

United States Senator, Representative in Congress and for all

State offices, including senators, representatives and judges of

courts of record, for the office of delegate or alternate

delegate to National party conventions, and for the office of a

member of a State or National committee, shall be filed with the

[Secretary of the Commonwealth] Election Commission. Nomination

petitions in all other cases shall be filed with the county

boards of election of the respective counties. Nomination

petitions for candidates for any office to be voted for by the

electors of any city, borough, township, ward or school district

which is situate in two or more counties, shall be filed with

20210SB0819PN1022 - 22 -

the county board of the county in which the major number of the

registered electors of such city, borough, township, ward or

school district reside. Immediately after the last day for such

candidates to withdraw and after they have cast lots for their

position on the ballots or ballot labels, the said county board

shall certify to the county board of each other county involved

a list of the names, addresses and occupations of the candidates

so filing nomination petitions for each party, together with the

order in which their names are to appear upon the primary

ballots or ballot labels, and such other county board shall

prepare the primary ballots or ballot labels to be used in the

portion of such city, borough, township, ward or school district

situate in such county accordingly.

* * *

(f) Each person filing any nomination petition for public

office shall be given a statement composed by the [Secretary of

the Commonwealth] Election Commission setting forth his duties

under law to file pre-election and post-election campaign

finance reports, and the penalties for nonfiling. Each person

filing shall also be given a form to file expenses if the amount

received or expended or liabilities incurred shall exceed the

sum of two hundred fifty dollars ($250), and a form containing a

sworn statement that the amount received or expended or

liabilities incurred do not exceed the sum of two hundred fifty

dollars ($250), with written instructions prepared by the

[Secretary of the Commonwealth] Election Commission. Within

three weeks after such candidate has filed, the appropriate

supervisor shall mail the same forms and instructions to such

candidate by first class mail.

* * *

20210SB0819PN1022 - 23 -

Section 914. Withdrawal of Candidates.--Any of the

candidates for nomination or election at any primary may

withdraw his name as a candidate by a request in writing, signed

by him and acknowledged before an officer empowered to

administer oaths, and filed in the office in which his

nomination petition was filed. Such withdrawals, to be

effective, must be received in the office of the [Secretary of

the Commonwealth] Election Commission not later than 5 o'clock

P. M. on the fifteenth day next succeeding the last day for

filing nomination petitions in said office, and in the office of

any county board of elections, not later than the ordinary

closing hour of said office on the fifteenth day next succeeding

the last day for filing nomination petitions in said office. No

name so withdrawn shall be printed on the ballot or ballot

labels. No candidate may withdraw any withdrawal notice already

received and filed, and thereby reinstate his nomination

petition.

Section 915. Casting of Lots for Position of Names Upon the

Primary Ballots or Ballot Labels; Notice to Candidates.--

Immediately after the last day fixed for filing of such

nomination petitions with them, the [Secretary of the

Commonwealth] Election Commission or the county board, as the

case may be, shall fix a day for the casting of lots, in such

manner as may be prescribed by the [Secretary of the

Commonwealth] Election Commission, or county board, as the case

may be, for the position of names upon the primary ballots or

ballot labels. The [Secretary of the Commonwealth] Election

Commission shall give at least two (2) days notice by mail of

said date to all candidates whose petitions have been received

and filed in his office, and the county board shall give at

20210SB0819PN1022 - 24 -

least two (2) days notice of said date by posting thereof in a

conspicuous place in its office, and by publication once in at

least two newspapers of general circulation published in the

county. All candidates may appear in person, or by agent duly

authorized by letter of attorney, signed and acknowledged by an

officer empowered to take acknowledgments. In the event of any

of said candidates not being present in person or by

representative at the time of casting of lots, it shall be the

duty of the [Secretary of the Commonwealth] Election Commission

or the county board, as the case may be, to appoint some person

to represent such absentee. After said lots are cast, the

[Secretary of the Commonwealth] Election Commission or the

county board, as the case may be, shall accordingly establish

the order in which the names of said candidates are to appear

upon the primary ballots or ballot labels, and certify the same

for placing upon the official primary ballots or ballot labels.

Section 916. [Secretary of the Commonwealth] Election

Commission to Furnish County Boards with List of Candidates;

Candidates to Be Notified.--The [Secretary of the Commonwealth]

Election Commission, as soon as possible after the last day

fixed for the filing of nomination petitions with him, and after

the last day for the withdrawal of candidates filing such

nomination petitions, and after the candidates shall have cast

lots for the position of their names upon the primary ballots or

ballot labels, shall forward to the county board of each county

a correct list of candidates of each party for the various

offices, in the order in which they are to appear upon the

official ballots or ballot labels, with their respective

residences, giving city, borough, town or township, and post-

office addresses as shown in their affidavits; and shall also at

20210SB0819PN1022 - 25 -

the same time notify the said candidates by mail that their

names have been so certified to said county boards. In the case

of each candidate for delegate or alternate delegate to a

National party convention, the [Secretary of the Commonwealth]

Election Commission shall certify as to whether such candidate

has included with his affidavit the statement provided for in

section 911 of this act and in cases where such candidate has

committed himself to a particular presidential preference, the

name of the presidential candidate to whom he is committed.

Section 918. Presidential Electors; Selection by Nominees;

Certification; Vacancies.--The nominee of each political party

for the office of President of the United States shall, within

thirty days after his nomination by the National convention of

such party, nominate as many persons to be the candidates of his

party for the office of presidential elector as the State is

then entitled to. If for any reason the nominee of any political

party for President of the United States fails or is unable to

make the said nominations within the time herein provided, then

the nominee for such party for the office of Vice-President of

the United States shall, as soon as may be possible after the

expiration of thirty days, make the nominations. The names of

such nominees, with their residences and post-office addresses,

shall be certified immediately to the [Secretary of the

Commonwealth] Election Commission by the nominee for the office

of President or Vice-President, as the case may be, making the

nominations. Vacancies existing after the date of nomination of

presidential electors shall be filled by the nominee for the

office of President or Vice-President making the original

nomination. Nominations made to fill vacancies shall be

certified to the [Secretary of the Commonwealth] Election

20210SB0819PN1022 - 26 -

Commission in the manner herein provided for in the case of

original nominations.

Section 921. Primary Election Returns.--The returns made by

the district election officers of the votes cast at primaries

shall be received by the respective county boards of election,

and tabulated and computed by them, and their returns to the

[Secretary of the Commonwealth] Election Commission tabulated

and computed by him in the manner provided by Article XIV of

this act, in so far as it is applicable to primaries.

Section 923. Nominee in Case of Tie Vote.--In the case of a

tie, the candidates receiving the tie vote shall cast lots

before the county board or the [Secretary of the Commonwealth]

Election Commission, as the case may be, at twelve o'clock noon

on the third Friday following the primary, and the one to whom

the lot shall fall shall be entitled to the nomination. In any

case where the fact of a tie vote is not authoritatively

determined until after the third Wednesday following the

primary, the time for casting lots shall be at twelve o'clock

noon on the second day after the fact of such tie vote is

authoritatively determined. If any candidate or candidates,

receiving a tie vote, fail to appear before twelve o'clock noon

on said day, the county board or the [Secretary of the

Commonwealth] Election Commission, as the case may be, shall

cast lots for him or them. For the purpose of casting lots any

candidate may appear in person, or by proxy appointed in

writing.

Section 951. Nominations by Political Bodies.--(a) In

addition to the party nominations made at primaries, nomination

of candidates for any public office may also be made by

nomination papers signed by qualified electors of the State, or

20210SB0819PN1022 - 27 -

of the electoral district for which the nomination is made, and

filed in the manner herein provided. Such nomination papers

shall be in form prescribed by the [Secretary of the

Commonwealth] Election Commission, and no other forms than the

ones so prescribed shall be used for such purposes.

* * *

Section 952. Contents of Nomination Papers; Restriction on

Names; Campaign Finances.--All nomination papers shall specify--

(a) The name or appellation of the political body which the

candidates nominated thereby represent, expressed in not more

than three words, and in the case of electors for President and

Vice-President of the United States, the names of the candidates

for President and Vice-President of such political body; (b) the

name of each candidate nominated therein, his profession,

business or occupation, if any; and his place of residence with

street and number, if any; (c) the office for which such

candidate is nominated; and (d) the names and addresses of the

committee, not to be less than three (3) nor more than five (5)

persons, authorized to fill vacancies, if any shall occur. No

words shall be used in any nomination paper to designate the

name or appellation of the political body represented by the

candidates named in such nomination paper which are identical

with or deceptively similar to the words used for a like purpose

by any existing political party as defined by section 801 of

this act, or which contain part of the name or an abbreviation

of the name or part of the name of any existing political party;

nor shall any words be used in any nomination paper to designate

the name or appellation of the political body represented by the

candidate's name in such nomination paper which are identical

with or deceptively similar to the words used for a like purpose

20210SB0819PN1022 - 28 -

by any political body which has already filed nomination papers

for the same office nor which contain part of the name or an

abbreviation of the name or part of the name of a political body

which has already filed nomination papers for the same office.

Any petition to set aside a nomination paper on account of the

name or appellation used therein, or involving the right of the

signers thereof to use such name or appellation shall be decided

as in the case of other petitions to set aside nomination

papers, in the manner provided by this article.

Each person filing any nomination paper for public office

shall be given a statement composed by the [Secretary of the

Commonwealth] Election Commission setting forth his duties under

law to file pre-election and post-election campaign finance

reports, and the penalties for nonfiling. Each person filing

shall also be given a form to file expenses if the amount

received or expended or liabilities incurred shall exceed the

sum of two hundred fifty dollars ($250), and a form containing a

sworn statement that the amount received or expended or

liabilities incurred do not exceed the sum of two hundred fifty

dollars ($250), with written instructions prepared by the

[Secretary of the Commonwealth] Election Commission. Within

three weeks after such candidate has filed, the appropriate

supervisor shall mail the same forms and instructions to such

candidate by first class mail.

Section 953. Place and Time of Filing Nomination Papers.--

(a) Nomination papers for candidates for presidential

electors, United States Senators, Representatives in Congress,

and State offices, including senators, representatives and

judges of courts of record, shall be filed with the [Secretary

of the Commonwealth] Election Commission. Nomination papers for

20210SB0819PN1022 - 29 -

all other candidates shall be filed with the county boards of

elections of the respective counties. Nomination papers for

candidates for any office to be voted for by the electors of any

city, borough, township, ward or school district which is

situate in two or more counties shall be filed with the county

board of the county in which the major number of the registered

electors of such city, borough, township, ward or school

district reside. Immediately after the last day for withdrawals

of candidates nominated by nomination papers, the said county

board shall certify to the county board of each other county

involved a list of the names, addresses and occupations of the

candidates so nominated to be voted for in two or more counties,

together with the names or appellations of the political bodies

nominating them.

* * *

Section 954. Filing Fee.--The same filing fee shall be paid

for each candidate nominated by a nomination paper as required

in section 913 for the filing of nomination petitions by

candidates for nomination to the same office. Each nomination

paper nominating a candidate or a group of candidates for office

shall be accompanied by a certified check or money order drawn

in the proper amount to cover the filing fees for each candidate

nominated therein but in no case less than the sum of five

dollars ($5.00), and payable to the Commonwealth of Pennsylvania

or to the county, as the case may be. All fees so received by

the [Secretary of the Commonwealth] Election Commission or the

county election board shall be transmitted to the State

Treasurer or to the county treasurer, as the case may be, and

shall become part of the General Fund.

Section 976. Examination of Nomination Petitions,

20210SB0819PN1022 - 30 -

Certificates and Papers; Return of Rejected Nomination

Petitions, Certificates and Papers.--When any nomination

petition, nomination certificate or nomination paper is

presented in the office of the [Secretary of the Commonwealth]

Election Commission or of any county board of elections for

filing within the period limited by this act, it shall be the

duty of the said officer or board to examine the same. No

nomination petition, nomination paper or nomination certificate

shall be permitted to be filed if--(a) it contains material

errors or defects apparent on the face thereof, or on the face

of the appended or accompanying affidavits; or (b) it contains

material alterations made after signing without the consent of

the signers; or (c) it does not contain a sufficient number of

signatures as required by law; Provided, however, That the

[Secretary of the Commonwealth] Election Commission or the

county board of elections, although not hereby required so to

do, may question the genuineness of any signature or signatures

appearing thereon, and if he or it shall thereupon find that any

such signature or signatures are not genuine, such signature or

signatures shall be disregarded in determining whether the

nomination petition, nomination paper or nomination certificate

contains a sufficient number of signatures as required by law;

or (d) in the case of nomination petitions, if nomination

petitions have been filed for printing the name of the same

person for the same office, except the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

office of school director in districts where that office is

elective or the office of justice of the peace upon the official

ballot of more than one political party; or (e) in the case of

nomination papers, if the candidate named therein has filed a

20210SB0819PN1022 - 31 -

nomination petition for any public office for the ensuing

primary, or has been nominated for any such office by nomination

papers previously filed; or (f) if the nomination petitions or

papers are not accompanied by the filing fee or certified check

required for said office; or (g) in the case of nomination

papers, the appellation set forth therein is identical with or

deceptively similar to the words used by any existing party or

by any political body which has already filed nomination papers

for the same office, or if the appellation set forth therein

contains part of the name, or an abbreviation of the name or

part of the name of an existing political party, or of a

political body which has already filed nomination papers for the

same office. The invalidity of any sheet of a nomination

petition or nomination paper shall not affect the validity of

such petition or paper if a sufficient petition or paper remains

after eliminating such invalid sheet. The action of said officer

or board in refusing to receive and file any such nomination

petition, certificate or paper, may be reviewed by the court

upon an application to compel its reception as of the date when

it was presented to the office of such officer or board:

Provided, however, That said officer or board shall be entitled

to a reasonable time in which to examine any petitions,

certificates or papers, and to summon and interrogate the

candidates named therein, or the persons presenting said

petitions, certificates or papers, and his or their retention of

same for the purpose of making such examination or interrogation

shall not be construed as an acceptance or filing.

Upon completion of any examination, if any nomination

petition, certificate or paper is found to be defective, it

shall forthwith be rejected and returned to the candidate or one

20210SB0819PN1022 - 32 -

of the candidates named therein, together with a statement of

the reasons for such rejection:

Provided further, That no nomination petition, nomination

paper or nomination certificate shall be permitted to be filed,

if the political party or political body referred to therein

shall be composed of a group of electors whose purposes or aims,

or one of whose purposes or aims, is the establishment, control,

conduct, seizure or overthrow of the Government of the

Commonwealth of Pennsylvania or the United States of America by

the use of force, violence, military measure or threats of one

or more of the foregoing. The authority to reject such

nomination petition, paper or certificate for this reason shall,

when filed with the [Secretary of the Commonwealth] Election

Commission, be vested in a committee composed of the Governor,

the Attorney General and the [Secretary of the Commonwealth]

Election Commission, and when filed with any county board of

elections shall be vested in such board. If in such case the

committee or board, as the case may be, shall conclude that the

acceptance of such nomination petition, paper or certificate

should be refused, it shall within two days of the filing of

such nomination petition, paper or certificate fix a place and a

time five days in advance for hearing the matter, and notice

thereof shall be given to all parties affected thereby. At the

time and place so fixed the committee or board, as the case may

be, shall hear testimony, but shall not be bound by technical

rules of evidence. The testimony presented shall be

stenographically recorded and made a part of the record of the

committee or board. Within two days after such hearing the

committee or board, if satisfied upon competent evidence that

the said nomination petition, paper or certificate is not

20210SB0819PN1022 - 33 -

entitled to be accepted and filed, it shall announce its

decision and immediately notify the parties affected thereby.

Failure to announce decision within two days after such hearing

shall be conclusive that such nomination petition, paper or

certificate has been accepted and filed. The decision of said

committee or board in refusing to accept and file such

nomination petition, paper or certificate may be reviewed by the

court upon an application to compel its reception as of the date

when presented to the [Secretary of the Commonwealth] Election

Commission or such board. The application shall be made within

two days of the time when such decision is announced. If the

application is properly made, any judge of said court may fix a

time and place for hearing the matter in dispute, of which

notice shall be served with a copy of said application upon the

[Secretary of the Commonwealth] Election Commission or the

county board of elections, as the case may be. At the time so

fixed, the court, or any judge thereof assigned for the purpose,

shall hear the case de novo. If after such hearing the said

court shall find that the decision of the committee or the board

was erroneous, it shall issue its mandate to the committee or

board to correct its decision and to accept and file the

nomination paper, petition or certificate. From any decision of

the court an appeal may be taken within two days after the entry

thereof. It shall be the duty of the said court to fix the

hearing and to announce its decision within such period of time

as will permit the [Secretary of the Commonwealth] Election

Commission or the county board of elections to permit the names

of the candidates affected by the court's decision to be printed

on the ballot, if the court should so determine.

Section 977. Objections to Nomination Petitions and

20210SB0819PN1022 - 34 -

Papers.--All nomination petitions and papers received and filed

within the periods limited by this act shall be deemed to be

valid, unless, within seven days after the last day for filing

said nomination petition or paper, a petition is presented to

the court specifically setting forth the objections thereto, and

praying that the said petition or paper be set aside. A copy of

said petition shall, within said period, be served on the

officer or board with whom said nomination petition or paper was

filed. Upon the presentation of such a petition, the court shall

make an order fixing a time for hearing which shall not be later

than ten days after the last day for filing said nomination

petition or paper, and specifying the time and manner of notice

that shall be given to the candidate or candidates named in the

nomination petition or paper sought to be set aside. On the day

fixed for said hearing, the court shall proceed without delay to

hear said objections, and shall give such hearing precedence

over other business before it, and shall finally determine said

matter not later than fifteen (15) days after the last day for

filing said nomination petitions or papers. If the court shall

find that said nomination petition or paper is defective under

the provisions of section 976, or does not contain a sufficient

number of genuine signatures of electors entitled to sign the

same under the provisions of this act, or was not filed by

persons entitled to file the same, it shall be set aside. If the

objections relate to material errors or defects apparent on the

face of the nomination petition or paper, the court, after

hearing, may, in its discretion, permit amendments within such

time and upon such terms as to payment of costs, as the said

court may specify. In case any such petition is dismissed, the

court shall make such order as to the payment of the costs of

20210SB0819PN1022 - 35 -

the proceedings, including witness fees, as it shall deem just.

If a person shall sign any nomination petitions or papers for a

greater number of candidates than he is permitted under the

provisions of this act, if said signatures bear the same date,

they shall, upon objections filed thereto, not be counted on any

petition or paper and if they bear different dates, they shall

be counted in the order of their priority of date, for only so

many persons as there are candidates to be nominated or elected.

The office of the Prothonotary of the Commonwealth Court and the

office of the [Secretary of the Commonwealth] Election

Commission and the various offices of prothonotary of the court

of common pleas shall be open between the hours of eight-thirty

o'clock A.M. and five o'clock P.M. on the last day to withdraw

after filing nomination petitions and on the last day to file

objections to nomination petitions.

Section 978. Withdrawal of Nominated Candidates.--(a) Any

person who has been nominated by any political party in

accordance with the provisions of this act, as a candidate for

the office of presidential elector, United States Senator,

Representative in Congress or for any State office, including

that of senator, representative and judge of court of record,

may withdraw his name from nomination by request in writing,

signed by him and acknowledged before an officer qualified to

take acknowledgement of deeds, and filed in the office of the

[Secretary of the Commonwealth] Election Commission. Any person

who has been similarly nominated as a candidate for any other

office may withdraw his name from nomination by similar request,

filed with the county board of elections of the proper county.

Such written withdrawals shall be filed with the [Secretary of

the Commonwealth] Election Commission or the county board of

20210SB0819PN1022 - 36 -

elections, as the case may be, at least eighty-five (85) days

previous to the day of the general or municipal election. Such

withdrawals to be effective must be received in the office of

the [Secretary of the Commonwealth] Election Commission not

later than five (5) o'clock P. M. on the last day for filing

same, and in the office of any county board of elections not

later than the ordinary closing hour of said office on the last

day for filing same. No name so withdrawn shall be printed upon

the ballot or ballot labels. No candidate may withdraw any

withdrawal notice already received and filed, and thereby

reinstate his nomination.

(b) Any person who has been nominated by any political body

in accordance with the provisions of this act, as a candidate

for the office of presidential elector, United States Senator,

Representative in Congress or for any State office, including

that of senator, representative and judge of a court of record,

may withdraw his name from nomination by request in writing,

signed by him and acknowledged before an officer qualified to

take acknowledgment of deeds and filed in the office of the

[Secretary of the Commonwealth] Election Commission. Any person

who has been similarly nominated as a candidate for any other

office may withdraw his name from nomination by a similar

request, filed with the county board of elections of the proper

county. Such written withdrawals shall be filed with the

[Secretary of the Commonwealth] Election Commission or the

county board of elections, as the case may be, not later than

the ordinary closing hour of said office on the seventh day next

succeeding the last day for filing nomination papers for said

office. No name so withdrawn shall be printed upon the ballot or

ballot labels. No candidate may withdraw any withdrawal notice

20210SB0819PN1022 - 37 -

already received and filed and thereby reinstate his nomination.

Section 978.1. Vacancy in Party Nomination by Failure to Pay

Filing Fee or for Failure to File Loyalty Oath.--Every person

nominated at any primary election as the candidate of any

political party for any office, other than a borough, town,

township, school district or poor district office, or the office

of justice of the peace, or constable, who has not paid the

filing fee required by section nine hundred thirteen of this

act, as amended, for the filing of a nomination petition for

such office, or who has not filed the loyalty oath required by

section 14, act of December 22, 1951 (P.L.1726), known as the

"Pennsylvania Loyalty Act," as last amended June 19, 1961

(P.L.446), shall pay the amount of such fee to and file such

oath with the [Secretary of the Commonwealth] Election

Commission, or the county board of elections, as the case may

be, at least eighty-five (85) days previous to the day of the

general or municipal election at which such candidate's name

would appear on the ballot. Failure to pay such fee or file such

oath within the time herein prescribed shall result in a vacancy

in such party nomination. Such vacancy shall be filled in the

manner hereinafter provided for the filling of such vacancies

happening by reason of the death or withdrawal of any candidate.

Section 978.2. Revocation of Declaration of Candidacy for

Retention.--In the event a justice or a judge had filed a

declaration of candidacy for retention under the provisions of

section 15 of the Constitution of the Commonwealth of

Pennsylvania and thereafter, but on or before the thirteenth

Tuesday preceding the primary election, revoked the declaration

by notifying the [Secretary of the Commonwealth] Election

Commission in writing of the same, the [Secretary of the

20210SB0819PN1022 - 38 -

Commonwealth] Election Commission shall include such office in

certifications under provisions of section 905.

Section 978.3. Vacancy Due to Revocation of Declaration of

Candidacy for Retention.--In the event a justice or a judge had

filed a declaration of candidacy for retention under the

provisions of section 15 of the Constitution of the Commonwealth

of Pennsylvania and thereafter, but after the thirteenth Tuesday

preceding the primary election and prior to sixty (60) days

preceding the municipal election revoked the declaration by

notifying the [Secretary of the Commonwealth] Election

Commission in writing of the same, nomination to fill such

vacancy shall be made in accordance with section 993 of this

act.

Section 979. Substituted Nominations by Parties.--Any

vacancy happening or existing after the date of the primary in

any party nomination, by reason of the death or withdrawal of

any candidate after nomination, or by reason of the death before

or on the day of the primary election of a candidate for

nomination who had received a plurality of votes of his party

electors cast for the office for which he sought nomination, may

be filled by a substituted nomination made by such committee as

is authorized by the rules of the party to make nominations in

the event of vacancies on the party ticket: Provided, however,

That no substitute nomination certificate shall nominate any

person who has already been nominated by any political party or

by any other political body for the same office. Upon the making

of any such substituted nomination, in accordance with the party

rules, it shall be the duty of the chairman and secretary or

secretaries of the party committee making the nomination to file

with the [Secretary of the Commonwealth] Election Commission in

20210SB0819PN1022 - 39 -

the case of United States Senator, Representative in Congress

and all State officers, including judges of courts of records,

senators and representatives, and with the proper county board

of elections in the case of other offices, a nomination

certificate which shall be signed by the chairman and secretary

or secretaries of the said committee, and which shall set forth

the following:

(a) The office and district, if any, for which it is filed;

(b) the cause of the vacancy; (c) the rule or rules of the

political party, setting forth the provisions applicable to a

substituted nomination; (d) that a quorum of the committee,

caucus or convention, as provided by the party rules, duly

convened, and the names of those present at said meeting, or

their proxies; that said persons are the duly appointed or

elected members of said committee, caucus or convention; (e) the

name, residence and occupation of the candidate duly nominated

at said meeting. Every such certificate of nomination shall be

sworn to or affirmed by the chairman and secretary or

secretaries before an officer qualified to administer oaths.

Section 981. Time for Filing Substituted Nomination

Certificates.--(a) Substituted nomination certificates to fill

vacancies caused by the withdrawal of candidates nominated at

primaries or by nomination papers shall be filed with the

[Secretary of the Commonwealth] Election Commission or proper

county board of elections, as the case may be, at least seventy-

five (75) days before the day of the general or municipal

election: Provided, however, That no substituted nomination

certificate by a political body may be filed until after the

primary election.

* * *

20210SB0819PN1022 - 40 -

Section 984. Certification of Nominees by [Secretary of the

Commonwealth] Election Commission to County Boards.--The

[Secretary of the Commonwealth] Election Commission shall, as

soon as possible after the last day fixed for the filing of

substituted nomination certificates for any November election of

presidential electors, United States Senator, Representative in

Congress or State officers, including judges of courts of

record, senators and representatives, or upon constitutional

amendments or other questions to be submitted to the electors of

the State at large, transmit to the county board of elections of

each county, in which such election is to be held, an official

list, certified by him, of all of the candidates who have been

nominated in accordance with the provisions of this act, to be

voted for in such county at such election, substantially in the

form of the ballots to be used therein, and also a copy of the

text of all constitutional amendments and other questions to be

voted upon at such election, together with a statement of the

form in which they are to be printed on the ballots or ballot

labels.

Section 993. Filling of Certain Vacancies in Public Office

by Means of Nomination Certificates and Nomination Papers.--* *

(b) Said nomination certificates and nomination papers for

State public offices and judges of courts of records shall be

filed in the office of the [Secretary of the Commonwealth]

Election Commission at least fifty (50) days prior to a general

or municipal election, as the case may be. Nomination

certificates and nomination papers for public offices in

counties, cities, boroughs, towns, townships, wards and school

districts and for the offices of aldermen and justices of the

20210SB0819PN1022 - 41 -

peace shall be filed in the office of the county board of

elections at least fifty (50) days prior to a municipal

election.

* * *

Section 994. Number, Form and Requirements of Nomination

Certificates to Fill Certain Vacancies.--(a) Each political

party shall be entitled to nominate and to file nomination

certificates in accordance with the provisions of section nine

hundred ninety-three of this act for the purpose of supplying as

many candidates as each elector will be entitled to vote for at

the ensuing November election. Every nomination certificate for

a November election required under the provisions of section

nine hundred ninety-three of this act shall be in the form

prescribed by the [Secretary of the Commonwealth] Election

Commission and shall set forth the following:

(1) The office and district, if any, for which it is filed;

(2) The cause of the vacancy;

(3) The rule or rules of the political party setting forth

the provisions applicable to the nomination of a candidate or

candidates to fill said vacancy;

(4) That a quorum of the committee, caucus or convention as

provided by the party rules duly convened and the names of those

present at said meeting or their proxies that said persons are

the duly appointed or elected members of said committee, caucus

or convention;

(5) The name, residence and occupation of the candidate duly

nominated at said meeting.

* * *

Section 995. [Secretary of the Commonwealth] Election

Commission or County Board of Elections to Examine Nomination

20210SB0819PN1022 - 42 -

Certificates and Nomination Papers to Fill Certain Vacancies;

Review.--(a) It shall be the duty of the [Secretary of the

Commonwealth] Election Commission or the proper county board of

elections, as the case may be, to examine as to legal

sufficiency, in the manner and under the provisions of section

nine hundred seventy-six of this act, all nomination

certificates and nomination papers brought to his or its office

for the purpose of filing for the nomination of candidates for a

general or municipal election, as the case may be, in accordance

with the provisions of section nine hundred ninety-three of this

act, and if manifestly defective they shall not be filed.

(b) No such certificate of nomination or nomination paper

shall be refused by the [Secretary of the Commonwealth] Election

Commission or the county board of elections except for a reason

provided for in section nine hundred seventy-six of this act.

Election Commission or the county board of elections in refusing

to accept and file any such certificate or paper may be reviewed

by the court upon an application to compel its reception and

filing as of the date when it was brought to said office.

Section 997. Withdrawals of Candidates Nominated to Fill

Certain Vacancies at a November Election.--(a) Any person who

has been nominated by any political party or political body to

fill certain vacancies at a November election in accordance with

the provisions of section nine hundred ninety-three of this act

may withdraw his name from nomination by a request in writing

signed by him and acknowledged before an officer qualified and

empowered to administer oaths and filed in the office of the

officer or board with whom the nomination certificate or

nomination papers were filed within three (3) days next

20210SB0819PN1022 - 43 -

succeeding the last day for filing nomination certificates or

papers. Such withdrawals to be effective must be received at the

office of the [Secretary of the Commonwealth] Election

Commission not later than five (5) o'clock P. M. or at the

county board of elections not later than the ordinary closing

hour of its office on the last day for filing same.

* * *

Section 999.1. Candidates to Fill Certain Vacancies;

Certification of Nominees by [Secretary of the Commonwealth]

Election Commission to County Election Boards.--The [Secretary

of the Commonwealth] Election Commission shall certify, in

accordance with section nine hundred eighty-four of this act,

the names and residences of and parties or political bodies

represented by all candidates whose nomination certificates or

papers have been filed with him in accordance with the

provisions of section nine hundred ninety-three or subdivision

(e) of this act for a general or municipal election, as the case

may be, and have not been found and declared invalid, and to be

voted for in the county or any district or districts thereof.

Section 1002. Form of Official Primary Ballot.--* * *

(d) At the written request of a State committee, filed with

the party rules and on the deadline provided by section 808.1 of

this act, a party may have a "no preference" column added to the

list of candidates for the office of President of the United

States at the primary election. The ballot position for "no

preference" shall be drawn in the same manner as the other

candidates for that office: Provided, however, That this

position shall be drawn by the [Secretary of the Commonwealth]

Election Commission or his or her designee.

Section 4. Section 1004 of the act, amended March 27, 2020

20210SB0819PN1022 - 44 -

(P.L.41, No.12), is amended to read:

Section 1004. Form of Ballots; Printing Ballots.--From the

lists furnished by the [Secretary of the Commonwealth] Election

Commission under the provisions of sections 915 and 984, and

from petitions and papers filed in their office, the county

election board shall print the official primary and election

ballots in accordance with the provisions of this act: Provided,

however, That in no event, shall the name of any person

consenting to be a candidate for nomination for any one office,

except the office of judge of a court of common pleas, the

Philadelphia Municipal Court or the office of school director in

districts where that office is elective or the office of justice

of the peace be printed as a candidate for such office upon the

official primary ballot of more than one party. All ballots for

use in the same election district at any primary or election

shall be alike.

Section 5. Sections 1103(d), 1104(a)(1), (d), (e) and (f),

1104.1, 1106(a), (b), (c) and (e), 1107 introductory paragraph,

1110(b) and (l), 1111(f), 1103-A(d), 1104-A(a), (c) and (d),

1105-A, 1106-A(b) and 1107-A introductory paragraph and (11) of

the act are amended to read:

Section 1103. Placing the Question on the Ballot; Election

Thereon.--

* * *

(d) The election on said question shall be held at the

places, during the hours, and under the regulations, provided by

law for holding general and municipal elections, and shall be

conducted by the election officers provided by law to conduct

such elections. The election officers shall count the votes cast

at the elections on said question, and shall make return thereof

20210SB0819PN1022 - 45 -

to the county election board of the county, as required by law.

Said returns shall be computed by the county election board, or

other return board, and, when so computed, a certificate of the

total number of electors voting "Yes" and of the total number of

electors voting "No" on such question shall be filed in the

office of the county election board, and copies thereof,

certified by the county election board, shall forthwith be

furnished to the [Secretary of the Commonwealth] Election

Commission, and to the county commissioners or other

appropriating authority.

* * *

Section 1104. Installation of Voting Machines.--(a) (1) If

a majority of the qualified electors voting on the question

shall vote in the affirmative, the county election board of the

said county shall purchase for each election district of such

county, city, borough or township, one or more voting machines,

of a kind or kinds approved by the [Secretary of the

Commonwealth] Election Commission, as hereinafter provided, and

of sufficient capacity to accommodate the names of a reasonable

number of candidates for all public and party offices which,

under the provisions of existing laws and party rules, are

likely to be voted for at any future election, and shall notify

the [Secretary of the Commonwealth] Election Commission, in

writing, that they have done so. The county election board shall

provide machines in good working order, and shall preserve and

keep them in repair. Voting machines of different kinds may be

used for different election districts in the same county, city,

borough or township. In each election district in which voting

machines are used, the county election board shall provide an

adequate number of voting machines for the electors of the

20210SB0819PN1022 - 46 -

election district in accordance with section 530.

* * *

(d) If the question hereinbefore provided shall have been

submitted to the qualified electors of the county, city, borough

or township, and the majority of the electors voting thereon

shall have voted favorably thereon, and if the county election

board shall not, within one year, have executed their contract

or contracts providing for the purchase or procurement of voting

machines for use at the next general, municipal or primary

election, occurring at least one year and sixty days after the

referendum, then the [Secretary of the Commonwealth] Election

Commission shall forthwith, in writing, notify the said county

election board that, after the expiration of thirty days, he,

under the authority of this act, on behalf of the said county,

will award, make, and execute such contract or contracts, unless

the said county election board meanwhile shall have made and

executed the same.

(e) If, upon the expiration of said thirty days, the county

election board still shall not have made and executed the

contract or contracts providing for the delivery of machines as

aforesaid, the [Secretary of the Commonwealth] Election

Commission, on behalf of the said county and upon the approval

of the Attorney General as to form, shall thereupon award, make,

and execute a contract or contracts for the purchase or

procurement of a sufficient number of voting machines, approved

as required by this act, for each election district within each

such county, city, borough or township; and the cost of such

voting machines, including the delivery thereof, and of making

and entering into the said contract or contracts, including the

preparation and printing of specifications and all other

20210SB0819PN1022 - 47 -

necessary expense incidental thereto, shall be the debt of the

said county, and, upon the certificate of the [Secretary of the

Commonwealth] Election Commission, it shall be the duty of the

controller, if any, to allow, and of the treasurer of the county

to pay, the sum out of any appropriation available therefor, or

out of the first unappropriated moneys that come into the

treasury of the county.

(f) Provided, however, that if the county election board or

the [Secretary of the Commonwealth] Election Commission, as the

case may be, shall find it impracticable to procure a voting

machine or voting machines for each election district of the

county, city, borough or township, for use at the general,

municipal or primary election then next ensuing, they or he

shall provide as many machines as it shall be practicable to

procure, and, as soon thereafter as practicable, shall provide

the remainder of such machines required hereunder. The machines

shall be installed in the election district or districts, in the

manner provided for the gradual introduction of voting machines

in paragraph (c) of this section.

* * *

Section 1104.1. Temporary Use of Approved Voting Machines in

Certain Cases.--If the question hereinbefore provided shall have

been submitted to the qualified electors of the county, and the

majority of the electors voting thereon shall have voted

favorably thereon, and if the county election board has made a

gradual installation of voting machines approved by the

[Secretary of the Commonwealth] Election Commission, then such

county board of elections may, upon their own motion, authorize

the temporary installation of voting machines approved by the

[Secretary of the Commonwealth] Election Commission for

20210SB0819PN1022 - 48 -

primaries and elections in one or more election districts of the

county and the use of such voting machines shall be as valid for

all purposes as if the voting machines had been permanently

installed.

Section 1106. Examination and Approval of Voting Machines by

the [Secretary of the Commonwealth] Election Commission.--

(a) Any person or corporation owning, manufacturing or

selling, or being interested in the manufacture or sale of, any

voting machine, may request the [Secretary of the Commonwealth]

Election Commission to examine the machine. Any ten or more

persons, being qualified electors of this Commonwealth, may, at

any time, request the [Secretary of the Commonwealth] Election

Commission to reexamine any voting machine theretofore examined

and approved by him. Before any such examination or

reexamination, the person, persons, or corporation, requesting

such examination or reexamination, shall pay to the treasurer of

the Commonwealth an examination fee of four hundred and fifty

dollars ($450). The [Secretary of the Commonwealth] Election

Commission may, at any time, in his discretion, reexamine any

voting machine.

(b) The [Secretary of the Commonwealth] Election Commission

shall thereupon require such machine to be examined or

reexamined by three examiners, whom he shall appoint for the

purpose, of whom one shall be an expert in patent law, and the

other two shall be experts in mechanics, and shall require of

them a written report on such machine, attested by their

signatures; and the [Secretary of the Commonwealth] Election

Commission himself shall examine the machine, and shall make and

file in his office, together with the reports of the examiners

appointed by him, his own report, attested by his signature and

20210SB0819PN1022 - 49 -

the seal of his office, stating whether, in his opinion and in

consideration of the reports of the examiners aforesaid, the

kind of machine so examined can be safely used by electors at

elections, as provided in this act. If his report states that

the machine can be so used, the machine shall be deemed

approved, and machines of its kind may be adopted for use at

elections, as herein provided.

at any election, and if, upon the reexamination of any voting

machine previously approved, it shall appear that the machine so

reexamined can no longer be safely used by electors at elections

as provided in this act, the approval of the same shall

forthwith be revoked by the [Secretary of the Commonwealth]

Election Commission, and no such voting machine shall thereafter

be purchased for use in this Commonwealth.

* * *

(e) Neither the [Secretary of the Commonwealth] Election

Commission, nor any examiner appointed by him for the purpose

prescribed by this section, nor any member of a county election

board shall have any pecuniary interest in any voting machine,

or in the manufacture or sale thereof.

* * *

Section 1107. Requirements of Voting Machines.--No voting

machine shall, upon any examination or reexamination, be

approved by the [Secretary of the Commonwealth] Election

Commission, or by any examiner appointed by him, unless it

shall, at the time, satisfy the following requirements:

* * *

Section 1110. Form of Ballot Labels on Voting Machines.--

* * *

20210SB0819PN1022 - 50 -

(b) If the construction of the machine shall require it, the

ballot label for each candidate, group of candidates, political

party, or question, to be voted on, shall bear the designating

letter or number of the counter on the voting machine which will

shall appear on the ballot labels, in brief form, of not more

than seventy-five words, to be determined by the [Secretary of

the Commonwealth] Election Commission in the case of

constitutional amendments or other questions to be voted on by

the electors of the State at large, and by the county election

board in other cases.

* * *

(l) At the written request of a State committee, filed with

the party rules and on the deadline prescribed by section 808.1

of this act, a party may have a "no preference" column added to

the list of candidates for the office of President of the United

States at the primary election. The ballot position for "no

preference" shall be drawn in the same manner as the other

candidates for that office: Provided, however, That this

position shall be drawn by the [Secretary of the Commonwealth]

Election Commission or his or her designee.

* * *

Section 1111. Preparation of Voting Machines by County

Election Boards.--

* * *

(f) The county election board shall furnish, at the expense

of the county, all ballot labels, forms of certificates,

returns, and other papers and supplies, required under the

provisions of this act, all of which shall be in the form, and

according to the specifications, prescribed, from time to time,

20210SB0819PN1022 - 51 -

by the [Secretary of the Commonwealth] Election Commission.

Section 1103-A. Placing the Question on the Ballot; Election

Thereon.--* * *

(d) The election on said question shall be held at the

places, during the hours, and under the regulations, provided by

law for holding primaries and elections, and shall be conducted

by the election officers provided by law to conduct such

elections. The election officers shall count the votes cast at

the elections on said question, and shall make return thereof to

the county election board of the county, as required by law.

Said returns shall be computed by the county election board, or

other return board, and, when so computed, a certificate of the

total number of electors voting "Yes" and of the total number of

electors voting "No" on such question shall be filed in the

office of the county election board, and copies thereof,

certified by the county election board, shall forthwith be

furnished to the [Secretary of the Commonwealth] Election

Commission, and to the county commissioners or other

appropriating authority of the county or municipality.

* * *

Section 1104-A. Installation of Electronic Voting Systems.--

(a) If a majority of the qualified registered electors voting

on the question in any county or municipality vote in favor of

the adoption of an electronic voting system, the county board of

elections of that county shall purchase, lease, or otherwise

procure for each election district of such county or

municipality, the components of an electronic voting system of a

kind approved, as hereinafter provided, by the [Secretary of the

Commonwealth] Election Commission, and the board shall

thereafter notify the [Secretary of the Commonwealth] Election

20210SB0819PN1022 - 52 -

Commission, in writing, that they have done so.

* * *

submitted to the qualified registered electors of the county or

municipality and the majority of the electors voting thereon

shall have voted favorably thereon, and if the county board of

elections shall not, within one year after such vote, have

executed a contract or contracts providing for the purchase,

lease or other procurement of an electronic voting system for

use at the general, municipal, primary or special election

occurring at least one year and sixty days after such vote, then

the [Secretary of the Commonwealth] Election Commission shall

forthwith in writing, notify the said county board of elections

that, after the expiration of thirty days, he, under the

authority of this act, will award, make and execute such

contract or contracts on behalf of the said county, unless the

said county board of elections shall make and execute the same

prior to the expiration of that period and shall notify him, in

writing, that they have done so.

(d) If, upon the expiration of said thirty days, the county

board of elections still shall not have made and executed a

contract or contracts providing for the purchase, lease or other

procurement of an electronic voting system as aforesaid, the

[Secretary of the Commonwealth] Election Commission, on behalf

of the said county and upon the approval of the Attorney General

as to form, shall thereupon award, make and execute a contract

or contracts for the purchase, lease or other procurement of an

electronic voting system, approved as required by this act, for

each election district within such county or municipality, and

the cost of such system, including the preparation and printing

20210SB0819PN1022 - 53 -

of specifications and all other necessary expenses incidental

thereto, shall be the debt of the said county, and upon the

certificate of the [Secretary of the Commonwealth] Election

Commission, it shall be the duty of the controller, if any, to

allow, and of the treasurer of the county to pay, the sum out of

any appropriation available therefore or out of the first

unappropriated moneys that come into the treasury of the county.

If the [Secretary of the Commonwealth] Election Commission shall

find it impracticable to procure an electronic voting system for

installation in each election district of the county or

municipality for use at the election then next ensuing, he shall

provide for the installation of such a system in as many

election districts of the county or municipality as shall be

practicable and, as soon thereafter as practicable, shall

provide for the installation of such system in the remainder of

the election districts of the county or municipality.

* * *

Section 1105-A. Examination and Approval of Electronic

Voting Systems by the [Secretary of the Commonwealth] Election

Commission.--(a) Any person or corporation owning,

manufacturing or selling, or being interested in the manufacture

or sale of, any electronic voting system, may request the

[Secretary of the Commonwealth] Election Commission to examine

such system if the voting system has been examined and approved

by a federally recognized independent testing authority and if

it meets any voting system performance and test standards

established by the Federal Government. The costs of the

examination shall be paid by the person requesting the

examination in an amount set by the [Secretary of the

Commonwealth] Election Commission. Any ten or more persons,

20210SB0819PN1022 - 54 -

being qualified registered electors of this Commonwealth, may,

at any time, request the [Secretary of the Commonwealth]

Election Commission to reexamine any electronic voting system

theretofore examined and approved by him. Before any

reexamination, the person, persons, or corporation, requesting

such reexamination, shall pay to the Treasurer of the

Commonwealth a reexamination fee of four hundred fifty dollars

($450). The [Secretary of the Commonwealth] Election Commission

may, at any time, in his discretion, reexamine any such system

therefore examined and approved by him. The [Secretary of the

Commonwealth] Election Commission may issue directives or

instructions for implementation of electronic voting procedures

and for the operation of electronic voting systems.

(b) Upon receipt of a request for examination or

reexamination of an electronic voting system as herein provided

for or in the event he determines to reexamine any such system,

the [Secretary of the Commonwealth] Election Commission shall

examine the electronic voting system and shall make and file in

his office his report, attested by his signature and the seal of

his office, stating whether, in his opinion, the system so

examined can be safely used by voters at elections as provided

in this act and meets all of the requirements hereinafter set

forth. If his report states that the system can be so used and

meets all such requirements, such system shall be deemed

approved and may be adopted for use at elections, as herein

provided. With respect to any electronic voting system approved

for use in this Commonwealth by the [secretary] Election

Commission, the report of the [secretary] Election Commission

shall specify the capacity of the components of that system, the

number of voters who may reasonably be accommodated by the

20210SB0819PN1022 - 55 -

voting devices and automatic tabulating equipment which comprise

such system and the number of clerks and machine inspectors, if

any, required based on the number of registered electors in any

election district in which the voting system is to be used, such

specifications being based upon the [secretary's] Election

Commission's examination of the system. Any county which

thereafter may adopt any such approved system shall provide the

components of such system in a number no less than that

sufficient to accommodate the voters of that county or

municipality in accordance with the minimum capacity standards

so prescribed by the [secretary] Election Commission. The county

board shall comply with the requirements for the use of the

electronic voting system as set forth in the report by the

[Secretary of the Commonwealth] Election Commission.

used at any election, and if, upon the reexamination of any such

system previously approved, it shall appear that the system so

reexamined can no longer be used safely by voters at elections

as provided in this act or does not meet the requirements

hereinafter set forth, the approval of that system shall

forthwith be revoked by the [Secretary of the Commonwealth]

Election Commission, and that system shall not thereafter be

used or purchased for use in this Commonwealth.

(d) When an electronic voting system has been so approved,

no improvement or change that does not impair its accuracy,

efficiency or capacity or its compliance with the requirements

hereinafter set forth, shall render necessary the reexamination

or reapproval of such system.

(e) Neither the [Secretary of the Commonwealth] Election

Commission nor any member of a county board of elections shall

20210SB0819PN1022 - 56 -

have any pecuniary interest in any electronic voting system or

in any of the components thereof, or in the design, manufacture

or sale thereof.

Section 1106-A. Experimental Use of Electronic Voting

Systems.--* * *

(b) The [Secretary of the Commonwealth] Election Commission

may approve the use of an experimental electronic voting system

by the county board of elections of any county which complies

with section 1306(a) for absentee voters as provided for in the

Uniformed and Overseas Citizens Absentee Voting Act (Public Law

99-410, 100 Stat. 924) if the system allows the elector to mark

his electronic ballot in secrecy as provided for paper absentee

ballots pursuant to section 1306(a). The system shall be exempt

from the requirements of sections 1107-A, 1302, 1303, 1304, 1305

and 1306.

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] Election Commission, or by any examiner appointed

by him, unless it shall be established that such system, at the

time of such examination or reexamination:

* * *

(11) Is suitably designed for the purpose used, is

constructed in a neat and workmanlike manner of durable material

of good quality, is safely and efficiently useable in the

conduct of elections and, with respect to the counting of

ballots cast at each district, is suitably designed and equipped

to be capable of absolute accuracy, which accuracy shall be

demonstrated to the [Secretary of the Commonwealth] Election

Commission.

20210SB0819PN1022 - 57 -

* * *

Section 6. Section 1109-A(b) and (e) of the act, amended

March 27, 2020 (P.L.41, No.12), are amended to read:

Section 1109-A. Forms.--* * *

(b) Ballot labels shall be printed in plain clear type, of

such size and arrangement as to fit the construction of the

voting device; and they shall be printed in a manner prescribed

by the [Secretary of the Commonwealth] Election Commission to

identify different ballots or parts of a ballot and in primary

elections to identify each political party.

* * *

(e) In primary elections, the [Secretary of the

Commonwealth] Election Commission shall prescribe a method to

ensure that the elector votes the correct ballot.

* * *

Section 7. Sections 1110-A(a), (b) and (b.1) and 1112-A(b)

(6) of the act are amended to read:

Section 1110-A. Supplies; Preparation of the Voting System

and of Polling Places.--(a) Prior to any election in which an

electronic voting system is to be used, the county board of

elections shall furnish to each election district, at the

expense of the county, the elements of such voting system,

including voting devices, automatic tabulating equipment, ballot

boxes, ballot labels, ballots, ballot envelopes, forms of

certificates, returns and other records and supplies, as are

necessary for the proper operation of the voting system at the

election district level or as are required under the provisions

of this act, all of which shall be in the form and according to

the specifications prescribed from time to time by the

[Secretary of the Commonwealth] Election Commission.

20210SB0819PN1022 - 58 -

(b) Unless the voting device itself enables the voter to

provide voting booths for each election district, which shall be

of a size and design which shall enable the voter to register

his vote in secret. The county board shall determine the number

of voting devices and voting booths to be provided in each such

district in order to satisfy the minimum capacity standards

prescribed by the [Secretary of the Commonwealth] Election

Commission.

(b.1) The county board of elections shall furnish supplies

to each election district which shall enable the voter to insert

the ballot into the district automatic tabulating equipment in

secret. The supplies shall be in the form and according to the

specifications prescribed by the [Secretary of the Commonwealth]

Election Commission.

* * *

Section 1112-A. Election Day Procedures and the Process of

Voting.--* * *

(b) In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

* * *

(6) Following the completion of his vote, the voter shall

leave the voting booth and return the ballot to the election

officer by a means designed to insure its secrecy as prescribed

by the [Secretary of the Commonwealth] Election Commission; the

voter shall insert the ballot into the district automatic

tabulating equipment or, in the event district tabulation is not

provided for by the voting system or such district tabulation

20210SB0819PN1022 - 59 -

equipment is inoperative for any reason, into a secure ballot

box.

Section 8. The definitions of "bond", "department" and

"voting apparatus" in section 1101-B of the act are amended to

read:

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:

* * *

"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] Election

Commission under this article.

* * *

["Department." The Department of State of the Commonwealth.]

* * *

"Voting apparatus." A kind or type of electronic voting

system that received the approval of the [Secretary of the

Commonwealth] Election Commission under section 1105-A.

Section 9. Sections 1102-B(b)(1), 1103-B(a) and (b)(1),

1104-B(a) and (b), 1106-B, 1107-B, 1108-B(1), 1110-B, 1111-B,

1112-B, 1203, 1206.2(a), (b) and (c), 1210(a.4)(11) and 1228(a)

of the act are amended to read:

Section 1102-B. Bond issuance.

* * *

(b) Authority.--Notwithstanding any other law, the following

shall apply:

(1) The [department] Election Commission may be a

project applicant under the Financing Law and may apply to

20210SB0819PN1022 - 60 -

the authority for the funding of the replacement of voting

apparatuses.

* * *

Section 1103-B. Criteria for bond issuance.

(a) Determination.--If the [department] Election Commission

decertifies one or more voting apparatuses that are in use in

any county of this Commonwealth, the [department] Election

Commission shall apply to the authority to issue bonds for

reimbursements to each county for the cost of procuring new

voting apparatuses.

* * *

(b) Terms.--

(1) The [department] Election Commission, 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 bond issue; and

(ii) the maximum term of the bonds consistent with

applicable law.

* * *

Section 1104-B. Issuance of bonds, security and sources of

payments.

(a) Issuance.--The authority shall consider issuance of

bonds upon application by the [department] Election Commission.

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] Election Commission may enter into an agreement or

service agreement to effectuate this article, including an

20210SB0819PN1022 - 61 -

agreement to secure bonds issued for the purposes under section

1102-B(b), pursuant to which the [department] Election

Commission 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 bond obligations, bond

administrative expenses and any other financing costs due on the

bonds issued for the purposes under section 1102-B(b). The

[department's] Election Commission's payment of the bond

obligations, bond administrative expenses and other financing

costs due on the bonds as service charges under an agreement or

service agreement shall be subject to and dependent upon the

appropriation of funds by the General Assembly to the

[department] Election Commission for payment of the service

charges. The service agreement may be amended or supplemented by

the authority and the [department] Election Commission in

connection with the issuance of any series of bonds or refunding

bonds authorized under this section.

* * *

Section 1106-B. 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-B(b) to be known as the County Voting Apparatus

Reimbursement Account. The [department] Election Commission

shall pay out the bond proceeds to the counties from the account

in accordance with this article.

Section 1107-B. Payment of bond-related obligations.

20210SB0819PN1022 - 62 -

For each fiscal year in which bond obligations and bond

administrative expenses will be due, the authority shall notify

the [department] Election Commission of the amount of bond

obligations and the estimated amount of bond administrative

expenses in sufficient time, as determined by the [department]

Election Commission, to permit the [department] Election

Commission 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] Election Commission.

Section 1108-B. 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] Election Commission 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.

* * *

Section 1110-B. Personal liability.

The members, directors, officers and employees of the

[department] Election Commission 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-B. Annual report.

20210SB0819PN1022 - 63 -

No later than March 1 of the year following the first full

year in which bonds have been issued under this article and for

each year thereafter in which bond obligations existed in the

prior year, the [department] Election Commission shall submit an

annual report to 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 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] Election Commission believes necessary in the

content of the report.

Section 1112-B. Reimbursement of county voting apparatus

expenses.

(a) Application.--A county may apply to the [department]

Election Commission to receive funding to replace the county's

voting apparatuses or to reimburse the county's cost to purchase

or lease by capital lease voting apparatuses. Each county shall

submit an application for funding on a form containing

information and documentation prescribed by the [department]

Election Commission no later than July 1, 2020.

(b) Documentation for prior purchase or lease.--If a county

seeks reimbursement of the county's cost to purchase or lease by

capital lease a voting apparatus that the county purchased or

leased before the date that the county submits its application

20210SB0819PN1022 - 64 -

to the [department] Election Commission, the county's

application shall include documentation prescribed by the

[department] Election Commission to substantiate the county's

cost to purchase or lease the voting apparatus, including copies

of fully executed voting apparatus contracts, invoices and proof

of payment to the vendor of the voting apparatus.

county seeks funding to purchase or lease by capital lease a

voting apparatus that the county will purchase or lease after

the date that the county submits its application to the

[department] Election Commission, the county's application shall

include documentation prescribed by the [department] Election

Commission to substantiate the county's estimate to purchase or

lease 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] Election Commission 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]

Election Commission. A county may supplement or amend submitted

applications during the 90-day review period in consultation

with the [department] Election Commission.

(e) Approval for prior purchase or lease.--If the

[department] Election Commission approves a county's application

submitted under subsection (b), the [department] Election

Commission and the county shall enter into a written grant

agreement through which the [department] Election Commission

shall reimburse the county at the amount determined under

20210SB0819PN1022 - 65 -

subsection (g).

(f) Approval for subsequent purchase or lease.--If the

[department] Election Commission approves a county's application

under subsection (c), the [department] Election Commission and

the county shall enter into a written grant agreement through

which the [department] Election Commission will provide funding

to reimburse the county's cost to purchase or lease a voting

apparatus at the amount determined under subsection (g). 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] Election

Commission of the voting apparatus costs paid from the grant

money in a form prescribed by the [department] Election

Commission. The county shall return any unspent grant money to

the [department] Election Commission within 30 days of the

expiration of the grant agreement.

(g) Payments.--

(1) A county shall only receive amounts under this

section to the extent that the [department] Election

Commission has bond proceeds available in the account from

which to make payments.

(2) Except as provided under paragraph (3), a county

which submitted an application approved under subsection (e)

or (f) shall receive 60% of the total amount submitted under

subsection (b) or (c) which may be reimbursed or paid.

(3) If the total amount submitted by all counties under

paragraph (2) exceeds the total amount available for

reimbursement or payment, a county shall receive a portion of

the amount available equal to the total amount submitted by

the county under subsection (b) or (c) which may be

20210SB0819PN1022 - 66 -

reimbursed or paid, divided by the total amount submitted by

all counties under subsection (b) or (c) which may be

reimbursed or paid.

(4) If any bond proceeds remain after the [department]

Election Commission has issued all reimbursements in

accordance with paragraphs (1), (2) and (3), the [department]

Election Commission may utilize the remaining balance for

grants for counties for the purchase and distribution to the

counties of election security equipment. The [department]

Election Commission shall provide notice to each county no

later than 30 days prior to receiving applications for grants

under this paragraph.

(h) Certification.--A county shall only receive the

reimbursement or funding under this article after making a

certification to the [department] Election Commission, 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).

(i) [Department] Election Commission application.--The

20210SB0819PN1022 - 67 -

[department] Election Commission shall apply to the authority

for funding under section 1102-B only if the [department]

Election Commission has approved county applications under this

article which total at least $50,000,000.

Section 1203. Voter's Certificates.--At each primary and

election each county board shall prepare a suitable number of

voter's certificates which shall be in form approved by the

[Secretary of the Commonwealth] Election Commission

substantially as follows:

Voter's Certificate

(Primary) (Election) ...................... 19. . . .

I hereby certify that I am qualified to vote at this

(primary) (election)

Signature .......................................

Address .........................................

.......................................Pa.

Approved..........................

Number of admission to voting machines (and party, at

primary)......................................................

The voter's certificate shall be so prepared as to be capable

of being inserted by the election officers in a suitable file or

binder to be furnished by the county board. One such file or

binder shall be furnished by the county board for each election

district for each primary and election, and shall have printed

or written thereon the words "Voting Check List," together with

the number of the district and ward, if any, and the date of the

primary or election.

Section 1206.2. Title III Complaints.--The [Department of

State] Election Commission shall establish within the [Bureau of

Commissions, Elections and Legislation] Election Commission a

20210SB0819PN1022 - 68 -

procedure for the review of complaints regarding the

administration of Title III of the Help America Vote Act of 2002

(Public Law 107-252, 42 U.S.C. § 15301 et seq.). The [Department

of State] Election Commission shall provide a complaint form

which shall require the signature of the complainant, an

affidavit and notarization and the attachment of any supporting

documentation.

(b) Where a complaint pertains to a local or county employe

or official, the following procedure shall apply:

(1) The [Department of State] Election Commission shall

provide the county board of elections with a copy of the

complaint within three business days of receipt.

(2) The county board of elections shall have twenty days to

either reach an agreement with the complainant or file a written

response to the complaint.

(3) The [Department of State] Election Commission shall

provide the complainant with a copy of the response and an

opportunity for an informal hearing.

(4) Where an informal hearing is requested, the county board

of elections shall be given notice and the opportunity to

participate.

(5) The [Department of State] Election Commission shall

issue a final determination and remedial plan if necessary no

later than ninety days after the filing of the complaint. If the

[Department of State] Election Commission fails to issue the

determination within ninety days, it shall provide alternative

dispute resolution for the disposition of the complaint. The

alternative process shall be completed within sixty days of its

commencement.

20210SB0819PN1022 - 69 -

Election Commission the following procedure shall apply:

(1) The [Department of State] Election Commission shall

forward the complaint to the Office of General Counsel within

three business days of receipt.

(2) The [Department of State] Election Commission shall have

twenty days to either reach an agreement with the complainant or

file a written response to the complaint.

(3) The Office of General Counsel shall provide the

complainant with a copy of the response and an opportunity for

an informal hearing.

(4) Where an informal hearing is requested, the [Department

of State] Election Commission shall be given notice and an

opportunity to participate.

(5) The Office of General Counsel shall issue a final

determination and remedial plan if necessary no later than

ninety days after the filing of the complaint. If the Office of

General Counsel fails to issue the determination within ninety

days, it shall provide alternative dispute resolution for the

disposition of the complaint. The alternative process shall be

completed within sixty days of its commencement.

* * *

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(a.4) * * *

(11) The [department] Election Commission shall establish a

World Wide Web site and a toll-free telephone number to permit

an individual who cast a provisional ballot to determine whether

the vote of that individual was counted and, if the vote was not

counted, the reason that it was not counted.

20210SB0819PN1022 - 70 -

* * *

Section 1228. Disposition of Returns; Posting; Return of

District Register and Voting Check List.--(a) The general

return sheet, duplicate return sheets, and statement, shall be

printed to conform to the type of voting machine used, and in

form approved by the [Secretary of the Commonwealth] Election

Commission. The designating number and letter, if any, on the

counter for each candidate, shall be printed thereon opposite

the candidate's name: Provided, however, That it shall not be

necessary to print the name or designating counter number or

letter of any candidate for any borough, township, ward, or

election district office. Immediately after the vote has been

ascertained, the statement thereof shall be posted on the door

of the polling place. The minority inspector shall retain one of

said duplicate return sheets, one numbered list of voters,

sealed as aforesaid, and one set of oaths of election officers

and carefully preserve the same for a period of at least one

year. The other duplicate return sheet, numbered list of voters,

oaths of election officers, and affidavits of voters and others,

shall be sealed up and given to the judge of election, who shall

deliver them, together with the general return sheet and the

package of ballots deposited, written or affixed in or upon the

voting machine, to the county board. If the type of voting

machine is equipped with mechanism for printing paper proof

sheets, one of said proof sheets shall be posted on the door of

the polling place with the statement aforesaid; one shall be

retained by the minority inspector; one shall be placed in the

envelope and delivered with the general return sheet; and one

shall be sealed in the envelope with the duplicate return sheets

and delivered by the judge of election to the county board. The

20210SB0819PN1022 - 71 -

printed proof sheet returned with the general return sheet, and

the printed proof sheet returned with the duplicate return

sheet, shall each be part of the return of the election. The

judge of elections shall return to the county board by two

o'clock A. M. on the day following the election envelopes;

supplies, including all uncast provisional ballots; and returns,

including all provisional ballots and absentee ballots cast in

the election district.

* * *

Section 10. Section 1302(a), (b), (b.1), (e), (i) and (k) of

the act, amended March 27, 2020 (P.L.41, No.12), are amended to

read:

Section 1302. Applications for Official Absentee Ballots.--

(a) Any qualified elector defined in preceding section 1301,

subsections (a) to (h), inclusive, may apply at any time before

any primary or election for any official absentee ballot in

person, on any form supplied by the Federal Government, or on

any official county board of election form addressed to the

[Secretary of the Commonwealth of Pennsylvania] Election

Commission or the county board of election of the county in

which his voting residence is located.

(b) An application for a qualified elector under subsection

(a) shall contain the following information: Home residence at

the time of entrance into actual military service or Federal

employment, length of time a citizen, length of residence in

Pennsylvania, date of birth, length of time a resident of voting

district, voting district if known, party choice in case of

primary, name and, for a military elector, his stateside

military address, FPO or APO number and serial number. Any

elector other than a military elector shall in addition specify

20210SB0819PN1022 - 72 -

the nature of his employment, the address to which ballot is to

be sent, relationship where necessary, and such other

information as may be determined and prescribed by the

[Secretary of the Commonwealth] Election Commission. When such

application is received by the [Secretary of the Commonwealth]

Election Commission it shall be forwarded to the proper county

board of election.

(b.1) An application for a qualified elector other than

under subsection (a) shall contain the following information:

Date of birth, length of time a resident of voting district,

voting district if known, party choice in case of primary and

name. The elector shall in addition specify the nature of his or

her employment, the address to which ballot is to be sent,

relationship where necessary, and other information as may be

determined and prescribed by the [Secretary of the Commonwealth]

Election Commission. When the application is received by the

[Secretary of the Commonwealth] Election Commission it shall be

forwarded to the proper county board of election.

* * *

(e) Any qualified bedridden or hospitalized veteran absent

from the municipality of his residence and unable to attend his

polling place because of such illness or physical disability,

regardless of whether he is registered or enrolled, may apply at

any time before any primary or election for an official absentee

ballot on any official county board of election form addressed

to the [Secretary of the Commonwealth of Pennsylvania] Election

Commission or the county board of elections of the county in

which his voting residence is located.

The application shall contain the following information:

Residence at the time of becoming bedridden or hospitalized,

20210SB0819PN1022 - 73 -

length of time a citizen, length of residence in Pennsylvania,

date of birth, length of time a resident in voting district,

voting district if known, party choice in case of primary, name

and address of present residence or hospital at which

hospitalized. When such application is received by the

[Secretary of the Commonwealth] Election Commission, it shall be

forwarded to the proper county board of elections.

The application for an official absentee ballot for any

primary or election shall be made on information supplied over

the signature of the bedridden or hospitalized veteran as

required in the preceding subsection. Any qualified registered

elector, including a spouse or dependent referred to in

subsection (l) of section 1301, who expects to be or is absent

from the municipality of his residence because his duties,

occupation or business require him to be elsewhere on the day of

any primary or election and any qualified registered elector who

is unable to attend his polling place on the day of any primary

or election because of illness or physical disability and any

qualified registered bedridden or hospitalized veteran in the

county of residence, or in the case of a county employe who

cannot vote due to duties on election day relating to the

conduct of the election, or in the case of a person who will not

attend a polling place because of the observance of a religious

holiday, may apply to the county board of elections of the

county in which his voting residence is located for an Official

Absentee Ballot. Such application shall be made upon an official

application form supplied by the county board of elections. Such

official application form shall be determined and prescribed by

the [Secretary of the Commonwealth of Pennsylvania] Election

Commission.

20210SB0819PN1022 - 74 -

(1) The application of any qualified registered elector,

including spouse or dependent referred to in subsection (l) of

section 1301, who expects to be or is absent from the

municipality of his residence because his duties, occupation or

business require him to be elsewhere on the day of any primary

or election, or in the case of a county employe who cannot vote

due to duties on election day relating to the conduct of the

election, or in the case of a person who will not attend a

polling place because of the observance of a religious holiday,

shall be signed by the applicant and shall include the surname

and given name or names of the applicant, proof of

identification, his occupation, date of birth, length of time a

resident in voting district, voting district if known, place of

residence, post office address to which ballot is to be mailed,

the reason for his absence, and such other information as shall

make clear to the county board of elections the applicant's

right to an official absentee ballot.

(2) The application of any qualified registered elector who

is unable to attend his polling place on the day of any primary

or election because of illness or physical disability and the

application of any qualified registered bedridden or

hospitalized veteran in the county of residence shall be signed

by the applicant and shall include surname and given name or

names of the applicant, proof of identification, his occupation,

date of birth, residence at the time of becoming bedridden or

hospitalized, length of time a resident in voting district,

voting district if known, place of residence, post office

address to which ballot is to be mailed, and such other

information as shall make clear to the county board of elections

the applicant's right to an official ballot. In addition, the

20210SB0819PN1022 - 75 -

application of such electors shall include a declaration stating

the nature of their disability or illness, and the name, office

address and office telephone number of their attending

physician: Provided, however, That in the event any elector

entitled to an absentee ballot under this subsection be unable

to sign his application because of illness or physical

disability, he shall be excused from signing upon making a

statement which shall be witnessed by one adult person in

substantially the following form: I hereby state that I am

unable to sign my application for an absentee ballot without

assistance because I am unable to write by reason of my illness

or physical disability. I have made or have received assistance

in making my mark in lieu of my signature.

.............................. ....................(Mark)

(Date)

.............................. ...........................

(Complete Address of Witness) (Signature of Witness)

* * *

(i) (1) Application for official absentee ballots shall be

on physical and electronic forms prescribed by the [Secretary of

the Commonwealth] Election Commission. The application shall

state that an elector who applies for an absentee ballot

pursuant to section 1301 shall not be eligible to vote at a

polling place on election day unless the elector brings the

elector's absentee ballot to the elector's polling place, remits

the ballot and the envelope containing the declaration of the

elector to the judge of elections to be spoiled and signs a

statement subject to the penalties of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities) to the same

effect. Such physical application forms shall be made freely

20210SB0819PN1022 - 76 -

available to the public at county board of elections, municipal

buildings and at such other locations designated by the

[secretary] Election Commission. Such electronic application

forms shall be made freely available to the public through

publicly accessible means. No written application or personal

request shall be necessary to receive or access the application

forms. Copies and records of all completed physical and

electronic applications for official absentee ballots shall be

retained by the county board of elections.

(2) Nothing in this act shall prohibit a private

organization or individual from printing blank voter

applications for absentee ballots or shall prohibit the use of

such applications by another individual, provided the form,

content and paper quality have been approved by the [Secretary

of the Commonwealth] Election Commission.

* * *

(k) The [Secretary of the Commonwealth] Election Commission

may develop an electronic system through which all qualified

electors may apply for an absentee ballot and request permanent

absentee voter status under subsection (e.1), provided the

system is able to capture a digitized or electronic signature of

the applicant. A county board of elections shall treat any

application or request received through the electronic system as

if the application or request had been submitted on a paper form

or any other format used by the county.

Section 11. Section 1303(b) of the act is amended to read:

Section 1303. Official Absentee Voters Ballots.--* * *

(b) In districts in which voting machines are used and in

those districts in which paper ballots are used and the county

board of elections therein do not print official absentee

20210SB0819PN1022 - 77 -

ballots in accordance with sections 1002 and 1003, the ballots

for use by such absentee electors under the provisions of this

act shall be prepared sufficiently in advance by the county

board of elections and shall be distributed by such boards as

hereinafter provided. Such ballots shall be marked Official

Absentee Ballot but shall not be numbered and shall otherwise be

in substantially the form for ballots required by article ten of

this act, which form shall be determined and prescribed by the

[Secretary of the Commonwealth] Election Commission.

* * *

Section 12. Section 1304 of the act, amended March 27, 2020

(P.L.41, No.12), is amended to read:

Section 1304. Envelopes for Official Absentee Ballots.--

The county boards of election shall provide two additional

envelopes for each official absentee ballot of such size and

shape as shall be prescribed by the [Secretary of the

Commonwealth] Election Commission, in order to permit the

placing of one within the other and both within the mailing

envelope. On the smaller of the two envelopes to be enclosed in

the mailing envelope shall be printed, stamped or endorsed the

words "Official Election Ballot," and nothing else. On the

larger of the two envelopes, to be enclosed within the mailing

envelope, shall be printed the form of the declaration of the

elector, and the name and address of the county board of

election of the proper county. The larger envelope shall also

contain information indicating the local election district of

the absentee voter. Said form of declaration and envelope shall

be as prescribed by the [Secretary of the Commonwealth] Election

Commission and shall contain among other things a statement of

the electors qualifications, together with a statement that such

20210SB0819PN1022 - 78 -

elector has not already voted in such primary or election. The

mailing envelope addressed to the elector shall contain the two

envelopes, the official absentee ballot, lists of candidates,

when authorized by section 1303 subsection (b) of this act, the

uniform instructions in form and substance as prescribed by the

[Secretary of the Commonwealth] Election Commission and nothing

else.

Section 13. Section 1305.1 of the act is amended to read:

Section 1305.1. Notice to County Board of Elections.--(a)

At least fifty days prior to a primary, the [Secretary of the

Commonwealth] Election Commission shall transmit to the county

board of elections a list of candidates who have filed a

nominating petition with him and who are not known to have

withdrawn or been disqualified, conforming, to the extent

possible, with the requirements of section 916.

(b) At least seventy days prior to an election, the

[Secretary of the Commonwealth] Election Commission shall

transmit to the county board of elections a list, as he knows it

to exist at that time, of candidates to be voted on in the

county at the election, as well as a copy of all constitutional

amendments and other questions to be voted on at such election,

together with a statement of the form in which they are to be

placed on the ballot, conforming to the extent possible with the

requirements of section 984.

Section 14. Section 1306(a)(2) of the act, amended March 27,

2020 (P.L.41. No.12), is amended to read:

Section 1306. Voting by Absentee Electors.--(a) Except as

provided in paragraphs (2) and (3), at any time after receiving

an official absentee ballot, but on or before eight o'clock P.M.

the day of the primary or election, the elector shall, in

20210SB0819PN1022 - 79 -

secret, proceed to mark the ballot only in black lead pencil,

indelible pencil or blue, black or blue-black ink, in fountain

pen or ball point pen, and then fold the ballot, enclose and

securely seal the same in the envelope on which is printed,

stamped or endorsed "Official Election Ballot." This envelope

shall then be placed in the second one, on which is printed the

form of declaration of the elector, and the address of the

elector's county board of election and the local election

district of the elector. The elector shall then fill out, date

and sign the declaration printed on such envelope. Such envelope

shall then be securely sealed and the elector shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

(2) Any elector, spouse of the elector or dependent of the

elector, qualified in accordance with the provisions of section

1301, subsections (e), (f), (g) and (h) to vote by absentee

ballot as herein provided, shall be required to include on the

form of declaration a supporting declaration in form prescribed

by the [Secretary of the Commonwealth] Election Commission, to

be signed by the head of the [department] Election Commission or

chief of division or bureau in which the elector is employed,

setting forth the identity of the elector, spouse of the elector

or dependent of the elector.

* * *

Section 15. Section 1306.1 of the act is amended to read:

Section 1306.1. Assistance in Voting by Certain Absentee

Electors.--

Any elector qualified to vote an official absentee ballot in

accordance with the provisions of section 1301, subsection (k),

may receive assistance in voting (1) if there is recorded on his

20210SB0819PN1022 - 80 -

registration card his declaration that he has a physical

disability which renders him unable to see or mark the official

absentee ballot, the exact nature of such disability being

recorded on such registration card; (2) if such elector

requiring assistance submits with his application for an

official absentee ballot, a statement setting forth the precise

nature of the disability which renders him unable to see or mark

the official absentee ballot and that to the best of his

knowledge and belief he will still suffer from the said physical

disability at the time of voting his official absentee ballot.

He shall acknowledge the same before an officer qualified to

take acknowledgment of deeds. Such statement shall be in

substantially the following form:

Statement of Absentee Elector Requiring Assistance

I, ............................................, hereby state

(Name of voter requiring assistance)

that I require assistance in marking the official absentee

ballot for the primary or election held ..................,

(Date)

19..., that will be issued to me for the following reason:

..........................................................

(Insert nature of disability)

...........................................

(Signature or mark of elector)

...................................

(Date of signature or mark)

Commonwealth of Pennsylvania:

20210SB0819PN1022 - 81 -

County of ..................:

On this..........day of.........., 19...., before me,

...................., the undersigned officer personally

appeared......................., known to me (or satisfactorily

proven) to be the person whose signature or mark appears on the

within instrument and acknowledged the same for the purposes

therein contained.

In witness whereof, I have hereunto set my hand and official

seal

.........................

(Title of Officer)

Upon receipt of the official absentee ballot, such elector

requiring assistance may select a person to assist him in

voting, such assistance to be rendered in secret: Provided,

however, That the person rendering assistance may not be the

elector's employer or an agent of the employer or an officer or

agent of the elector's union. The person rendering the

assistance in voting shall complete, date and sign the

declaration in such form approved by the [Secretary of the

Commonwealth] Election Commission, or substantially in the form

as set forth below, that the person has caused the elector's

ballot to be marked in accordance with such elector's desires

and instruction. Such declaration form shall be returned to the

county board of elections in the mailing envelope addressed to

the county board of elections within which the small "official

absentee ballot" is returned.

Declaration of Person Rendering Assistance

I, ..........................................,

(Name of Person rendering assistance)

20210SB0819PN1022 - 82 -

hereby declare that I have witnessed the aforesaid elector's

signature or mark and that I have caused the aforesaid elector's

ballot to be marked in accordance with the desires and

instructions of the aforesaid elector.

...............................................

(Signature of Person Rendering Assistance)

...............................................

(Address)

Section 16. The definitions of "department" and "secretary"

in section 1301-C of the act are amended to read:

Section 1301-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:

["Department." The Department of State of the Commonwealth.

"Secretary." The Secretary of the Commonwealth.]

* * *

Section 17. Section 1302-C(a) of the act is amended to read:

Section 1302-C. SURE System Advisory Board.

(a) Establishment.--The [secretary] Election Commission

shall form an advisory board to confer with the [department]

Election Commission regarding the SURE system.

* * *

Section 18. Sections 1302-D(a), (b)(2) and (3), (f) and (g)

(2) and 1302.2-D(a)(4) of the act, amended March 27, 2020

(P.L.41, No.12), are amended to read:

Section 1302-D. Applications for official mail-in ballots.

(a) General rule.--A qualified elector under section 1301-D

may apply at any time before any primary or election for an

official mail-in ballot in person or on any official county

20210SB0819PN1022 - 83 -

board of election form addressed to the [Secretary of the

Commonwealth] Election Commission or the county board of

election of the county in which the qualified elector's voting

residence is located.

(b) Content.--The following shall apply:

* *

(2) A qualified elector shall, in addition, specify the

address to which the ballot is to be sent, the relationship

where necessary and other information as may be determined by

the [Secretary of the Commonwealth] Election Commission.

(3) When an application is received by the [Secretary of

the Commonwealth] Election Commission it shall be forwarded

to the proper county board of election.

* * *

(f) Form.--Application for an official mail-in ballot shall

be on physical and electronic forms prescribed by the [Secretary

of the Commonwealth] Election Commission. The application shall

state that a voter who applies for a mail-in ballot under

section 1301-D shall not be eligible to vote at a polling place

on election day unless the elector brings the elector's mail-in

ballot to the elector's polling place, remits the ballot and the

envelope containing the declaration of the elector to the judge

of elections to be spoiled and signs a statement subject to the

penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) to the same effect. The physical

application forms shall be made freely available to the public

at county board of elections, municipal buildings and at other

locations designated by the [Secretary of the Commonwealth]

Election Commission. The electronic application forms shall be

made freely available to the public through publicly accessible

20210SB0819PN1022 - 84 -

means. No written application or personal request shall be

necessary to receive or access the application forms. Copies and

records of all completed physical and electronic applications

for official mail-in ballots shall be retained by the county

board of elections.

(g) Permanent mail-in voting list.--

* * *

(2) The [Secretary of the Commonwealth] Election

Commission may develop an electronic system through which all

qualified electors may apply for a mail-in ballot and request

permanent mail-in voter status under this section, provided

the system is able to capture a digitized or electronic

signature of the applicant. A county board of elections shall

treat an application or request received through the

electronic system as if the application or request had been

submitted on a paper form or any other format used by the

county.

* * *

Section 1302.2-D. Approval of application for mail-in ballot.

(a) Approval process.--The county board of elections, upon

receipt of any application of a qualified elector under section

1301-D, shall determine the qualifications of the applicant by

verifying the proof of identification and comparing the

information provided on the application with the information

contained on the applicant's permanent registration card. The

following shall apply:

* * *

(4) When approved, the registration commission shall

cause a mail-in voter's record to be inserted in the district

20210SB0819PN1022 - 85 -

Election Commission.

* * *

Section 19. Section 1303-D(b) of the act is amended to read:

Section 1303-D. Official mail-in elector ballots.

* * *

(b) Preparation of ballots.--In election districts in which

voting machines are used and in election districts in which

paper ballots are used, the county board of elections in that

election district will not print official mail-in ballots in

accordance with sections 1002 and 1003. The ballots for use by

mail-in voters under this section shall be prepared sufficiently

in advance by the county board of elections and shall be

distributed by the boards as provided under this act. The

ballots shall be marked "Official Mail-in Ballot" but shall not

be numbered and shall otherwise be in substantially the form for

ballots required by Article X, which form shall be prescribed by

the [Secretary of the Commonwealth] Election Commission.

* * *

Section 20. Sections 1304-D(a), (b) and (c) and 1302-E(b)(1)

and (c)(4)(i) of the act, amended March 27, 2020 (P.L. 41,

No.12), are amended to read:

Section 1304-D. Envelopes for official mail-in ballots.

(a) Additional envelopes.--The county boards of election

shall provide two additional envelopes for each official mail-in

ballot of a size and shape as shall be prescribed by the

[Secretary of the Commonwealth] Election Commission, in order to

permit the placing of one within the other and both within the

mailing envelope. On the smaller of the two envelopes to be

enclosed in the mailing envelope shall be printed, stamped or

endorsed the words "Official Election Ballot," and nothing else.

20210SB0819PN1022 - 86 -

On the larger of the two envelopes, to be enclosed within the

mailing envelope, shall be printed the form of the declaration

of the elector and the name and address of the county board of

election of the proper county. The larger envelope shall also

contain information indicating the local election district of

the mail-in voter.

(b) Form of declaration and envelope.--The form of

declaration and envelope shall be as prescribed by the

[Secretary of the Commonwealth] Election Commission and shall

contain, among other things, a statement of the elector's

qualifications, together with a statement that the elector has

not already voted in the primary or election.

elector shall contain the two envelopes, the official mail-in

ballot, lists of candidates, when authorized by section 1303-

D(b), the uniform instructions in form and substance as

prescribed by the [Secretary of the Commonwealth] Election

Commission and nothing else.

* * *

Section 1302-E. Pennsylvania Election Law Advisory Board.

* * *

(b) Members.--The board shall be comprised of the following

members:

(1) The [Secretary of the Commonwealth] Election

Commission chairman or a designee.

* * *

* *

(4) Evaluate and make recommendations on:

(i) improving the electoral process in this

20210SB0819PN1022 - 87 -

Commonwealth by amending this act or through regulations

promulgated by the [Department of State] Election

Commission; and

* * *

Section 21. Sections 1402(b), 1404(f) and (g), 1405, 1408,

1409, 1410(a) and (b), 1411, 1412, 1413, 1414, 1415, 1416, 1418,

1621(j), 1623, 1624(a), 1626(a), (g) and (j), 1627(a), 1631(1)

(ii), (2)(i) and (3), 1635(a), (b) and (e), 1636(a), 1640, 1641,

1701(a.1) introductory paragraph, 1702(a)(2) introductory

paragraph, 1729, 1732, 1739, 1746, 1774, 1803, 1807, 1848 and

the last paragraph of section 1901 of the act are amended to

read:

Section 1402. Returns to Be Open to Public Inspection;

Exceptions.--* * *

(b) The county board shall submit returns received under

subsection (a) to the [Department of State] Election Commission

for each office for which a candidate must file a nomination

petition with the [Secretary of the Commonwealth] Election

Commission by three o'clock A. M. on the day following the

election. The submission shall be by telephone, facsimile or the

World Wide Web site or by any other manner required by the

[secretary] Election Commission.

Section 1404. Computation of Returns by County Board;

Certification; Issuance of Certificates of Election.--

* * *

(f) As the returns from each election district are read,

computed and found to be correct or corrected as aforesaid, they

shall be recorded on the blanks prepared for the purpose until

all the returns from the various election districts which are

entitled to be counted shall have been duly recorded, when they

20210SB0819PN1022 - 88 -

shall be added together, announced and attested by the clerks

who made and computed the entries respectively and signed by the

members of the county board. Returns under this subsection shall

be considered unofficial for five (5) days. The county board

shall submit the unofficial returns to the [Secretary of the

Commonwealth] Election Commission by five o'clock P. M. on the

Tuesday following the election. The submission shall be as

directed by the [secretary] Election Commission for public

office which appears on the ballot in every election district in

this Commonwealth or for a ballot question which appears on the

ballot in every election district in this Commonwealth. At the

expiration of five (5) days after the completion of the

computation of votes, in case no petition for a recount or

recanvass has been filed in accordance with the provisions of

this act, or upon the completion of the recount or recanvass if

a petition therefor has been filed within five (5) days after

the completion of the computation of votes, the county board

shall certify the returns so computed in said county in the

manner required by this act, unless upon appeals taken from any

decision, the court of common pleas shall have directed any

returns to be revised, or unless in case of a recount, errors in

the said returns shall have been found, in which case said

returns shall be revised, corrected and certified accordingly.

The county board shall thereupon, in the case of elections,

issue certificates of election to the successful candidates for

all county, city, borough, township, ward, school district, poor

district and election offices, and local party offices to be

filled by the votes of the electors of said county, or of any

part thereof.

(g) This subsection relates to recounts and recanvasses

20210SB0819PN1022 - 89 -

ordered by the [secretary] Election Commission.

(1) Except as set forth in subsection (h), the [secretary]

Election Commission shall order a recount and recanvass to all

county boards if the unofficial returns prepared in accordance

with subsection (f) reflect any of the following:

(i) A candidate for a public office which appears on the

ballot in every election district in this Commonwealth was

defeated by one-half of a percent or less of the votes cast for

the office. This subclause includes a candidate for retention to

a Statewide judicial office.

(ii) A ballot question appearing on the ballot in every

election district in this Commonwealth was approved or rejected

by one-half of a percent or less of the votes cast on the

question.

(2) The [secretary] Election Commission shall issue an order

under clause (1) by five o'clock P. M. of the second Thursday

following the day of the election.

(3) The [secretary] Election Commission shall provide

twenty-four (24) hours notice of an order under clause (1) to

each candidate and to the county chairman of each party or

political body affected by the recount and recanvass. Notice

shall be by press release, the World Wide Web site or other

means.

(4) A candidate affected by the recount and recanvass may be

present, in person or by attorney, at the recount and recanvass.

A party or body affected by the recount and recanvass may send

two representatives to the recount and recanvass.

(5) The recount and recanvass shall:

(i) follow procedures specified in subsection (e);

(ii) be scheduled to be held by the third Wednesday

20210SB0819PN1022 - 90 -

following the day of the election; and

(iii) be completed by noon on the following Tuesday.

(6) The results of the recount and recanvass shall be

submitted to the [secretary] Election Commission by 12 o'clock

noon on the day following completion of the recount and

recanvass.

(7) The [secretary] Election Commission shall issue a press

release and publish on the World Wide Web site all results

received from the county boards of election.

(8) Following the completion of the recount and recanvass,

the Commonwealth shall pay to each county the sum specified in

sections 1701 and 1702. The amounts necessary to pay the

counties are hereby appropriated, upon approval of the Governor,

to the [Department of State] Election Commission.

* * *

Section 1405. Manner of Computing Irregular Ballots.--The

county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped or deposited

in or on receptacles for that purpose, and as they have been so

returned by the election officers. In districts in which paper

ballots or ballot cards are electronically tabulated, stickers

or labels may not be used to mark ballots. A vote cast by means

of a sticker or label affixed to a ballot or ballot card shall

be void and may not be counted. In the primary the [Secretary of

the Commonwealth] Election Commission shall not certify the

votes cast on irregular ballots for any person for a National

office including that of the President of the United States,

United States Senator and Representative in Congress; or for any

State office including that of Governor and Lieutenant Governor,

20210SB0819PN1022 - 91 -

Auditor General, State Treasurer, Senator and Representative in

the General Assembly, justices and judges of courts of record or

for any party office including that of delegate or alternate

delegate to National conventions and member of State committee

unless the total number of votes cast for said person is equal

to or greater than the number of signatures required on a

nomination petition for the particular office. In the primary

the county board shall not certify the votes cast on irregular

ballots for any person for a justice of the peace, constable,

National, State, county, city, borough, town, township, ward,

school district, election or local party office unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office.

Section 1408. Copy of Certified Returns to Be Filed; Copy to

Be Forwarded to the [Secretary of the Commonwealth] Election

Commission; Duplicate Copies.--After the certification of the

returns of any primary or election, as provided by section 1404

of this act, the county board shall retain in its office one

copy of the returns so certified. In the case of elections of

presidential electors, United States Senators, Representatives

in Congress, Governor, Lieutenant Governor, Auditor General,

State Treasurer and Secretary of Internal Affairs, Judges of the

Supreme Court, Judges of the Superior Court and judges of other

courts of record, including associate judges, senators and

representatives in the General Assembly, a separate certificate,

showing totals of the returns cast for each of such offices

respectively, shall also be forwarded by the county board to the

[Secretary of the Commonwealth] Election Commission on forms

furnished by the [Secretary of the Commonwealth] Election

20210SB0819PN1022 - 92 -

Commission.

Section 1409. [Secretary of the Commonwealth] Election

Commission to Tabulate, Compute and Canvass Returns.--Upon

receiving the certified returns of any primary or election from

the various county boards, the [Secretary of the Commonwealth]

Election Commission shall forthwith proceed to tabulate, compute

and canvass the votes cast for all candidates enumerated in

section 1408, and upon all questions voted for by the electors

of the State at large, and shall thereupon certify and file in

his office the tabulation thereof.

Section 1410. Returns of Local Officers Voted for in Two or

More Counties; Certificates of Election; Returns of County and

Local Officers Commissioned by Governor to Be Transmitted to

Governor; Commissions; Contests.--

(a) In the case of any city, borough, township, ward, school

district, or poor district office, or of the submission of any

question to the electors, voted for or upon by the electors of

two or more counties or parts of counties, the county election

board, in each of the counties in which such municipality is

located, shall certify to the county board of the county in

which reside the majority of registered electors of such city,

borough, township, ward, school district or poor district, the

return of the vote cast for such officers or upon such

questions. After completing the tabulation of such returns, the

return board of said county shall issue certificates of election

to the successful candidates. In case of any county, borough,

city or township officer who is by law required to be

commissioned by the Governor, the said return board shall also

transmit a certified copy of such return to the [Secretary of

the Commonwealth] Election Commission, who shall forthwith lay

20210SB0819PN1022 - 93 -

the results of such election before the Governor.

(b) In case of the election of judge of a court of record,

prothonotary, clerk of the courts, recorder of deeds, register

of wills, or any other officer required by law to be

commissioned by the Governor in any of the several counties of

this Commonwealth, it shall be the duty of the county elections

board to transmit immediately to the [Secretary of the

Commonwealth] Election Commission a certified copy of the

returns for all such offices. The [Secretary of the

Commonwealth] Election Commission shall forthwith lay the return

so made before the Governor, and the Governor shall issue a

commission to any persons elected to said offices,

notwithstanding that the election of such person to any or

either of said offices may be contested in the manner provided

by this act.

* * *

Section 1411. [Secretary of the Commonwealth] Election

Commission to Certify Votes of National Delegates and Members of

State Committee.--Following his tabulation of the returns

received from each Spring primary, the [Secretary of the

Commonwealth] Election Commission shall issue certificates of

election to the persons in each political party who have been

duly elected delegates or alternate delegates to the National

convention of each party, and to the persons in each party who

have been duly elected members of the National Committee or the

State committee of each party. In the case of delegates or

alternate delegates to a National party convention, the

certificates of election shall show the number of votes received

in the State or in the political district, as the case may be,

by each candidate of such delegate's or alternate delegate's

20210SB0819PN1022 - 94 -

political party for nomination as President of the United

States. The [Secretary of the Commonwealth] Election Commission

shall also certify to the State chairman of each party the votes

cast for each candidate for the office of member of State

committee of each party.

Section 1412. [Secretary of the Commonwealth] Election

Commission to Certify Presidential Votes by Congressional

Districts.--The [Secretary of the Commonwealth] Election

Commission, following his tabulation of the returns from each

such Spring primary held in years in which candidates for

President of the United States are to be nominated, shall

prepare a statement from the said returns, showing the total

number of votes cast in the State and in each congressional

district of the State for each political party for nomination as

President of the United States.

Section 1413. United States Senators, Representatives in

Congress; Certificates of Election; Returns.--Upon completing

the tabulation of any election for United States Senator or

Representative in Congress, the [Secretary of the Commonwealth]

Election Commission shall lay the same before the Governor, who

shall immediately issue certificates of election under the seal

of the Commonwealth, duly signed by himself, and attested by the

[Secretary of the Commonwealth] Election Commission chair, and

deliver the same to the candidates receiving the highest number

of votes for the respective offices. The Governor shall also

transmit the returns of such election to the President of the

United States Senate, in the case of the election of a United

States Senator, and to the Speaker of the House of

Representatives of the United States, in the case of the

election of representatives in Congress.

20210SB0819PN1022 - 95 -

Section 1414. Members of the General Assembly; Certificates

of Election; Returns.--The [Secretary of the Commonwealth]

Election Commission shall issue certificates of election to the

persons elected members of the Senate and House of

Representatives of the Commonwealth, and between the hours of

twelve noon and one P. M. on the first Tuesday in January of

each odd-numbered year, present before the Senate and the House

of Representatives the several returns of the elections of

members of the respective houses: Provided, however, That if the

General Assembly shall be convened in extraordinary session

during the month of December next following their election, the

said returns shall be presented as aforesaid, on the first day

of said extraordinary session. In case of a special election

occurring during a session of the General Assembly, he shall

present the returns thereof to the proper house as soon as

received and tabulated by him.

Section 1415. Governor and Other State Officers; Judges;

Certificates of Election; Commissions.--The [Secretary of the

Commonwealth] Election Commission, at the first meeting of the

General Assembly following the election of a Governor,

Lieutenant Governor, Secretary of Internal Affairs, Auditor

General or State Treasurer, shall deliver to the President of

the Senate the returns of elections for all such offices, who

shall open and publish them in the presence of members of both

houses of the General Assembly. The person receiving the highest

number of votes for the respective offices shall be declared

elected thereto, and certificates of such elections shall be

made and filed with the [Secretary of the Commonwealth. The

Secretary of the Commonwealth] Election Commission. The Election

Commission shall immediately lay before the Governor such

20210SB0819PN1022 - 96 -

certificates of election, except the certificate of election of

Governor, whereupon the Governor shall issue a commission to

each person so elected. The [Secretary of the Commonwealth]

Election Commission shall immediately after tabulating and

computing the returns of each election of Judge of every court,

certify the result thereof to the Governor, who shall

immediately issue a commission to such person.

Section 1416. Presidential Electors; Certificates of Persons

Elected.--The [Secretary of the Commonwealth] Election

Commission, on receiving and computing the returns of the

election of presidential electors, shall lay them before the

Governor, who shall enumerate and ascertain the number of votes

given for each person so voted for, and shall cause a

certificate of election to be delivered to each person so

chosen.

Section 1418. Tie Votes.--In the case of a tie vote not

otherwise provided for by law, the candidates receiving the tie

vote shall cast lots before the county board or the [Secretary

of the Commonwealth] Election Commission, as the case may be, at

12 o'clock noon on the third Friday after the election, and the

one to whom the lot shall fall shall be declared elected. In any

case where the fact of a tie vote is not authoritatively

determined until after the third Wednesday after the election,

the time for casting lots shall be 12 o'clock noon of the second

day after the fact of such tie vote is authoritatively

determined. If any candidate or candidates receiving a tie vote,

fail to appear before twelve o'clock noon of said day, the

county board or the [Secretary of the Commonwealth] Election

Commission, as the case may be, shall cast lots for him or them.

For the purpose of casting lots any candidate may appear in

20210SB0819PN1022 - 97 -

person, or by proxy duly appointed in writing.

Section 1621. Definitions.--As used in this article, the

following words have the following meanings:

* * *

(j) The word "supervisor" shall mean the [Secretary of the

Commonwealth] Election Commission or the respective county

boards of elections.

* * *

Section 1623. Authorization of Political Committee.--No

treasurer of any political committee shall receive any money on

behalf of a candidate until such political committee shall have

been so authorized in writing by the candidate on a form

Commission. A copy of such written authorization shall be filed

with the appropriate supervisor; however the treasurer of any

state, county, city, borough, township, ward or other regularly

constituted party committee of any political party or political

body is hereby authorized to receive money on behalf of the

candidates of such political party or political body in a

general, municipal or special election, without special written

authorization from such candidate.

Section 1624. Registration.--

(a) Any political committee which receives contributions in

an aggregate amount of two hundred fifty dollars ($250) or more

shall file a registration statement, designed by the [Secretary

of the Commonwealth] Election Commission, with the appropriate

supervisor within twenty (20) days after the date on which it

receives such amount. Each committee in existence shall have

sixty (60) days from the effective date of this amendatory act

to comply with the requirements of this section.

20210SB0819PN1022 - 98 -

* * *

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

(a) Each treasurer of a political committee and each

candidate for election to public office shall file with the

appropriate supervisor reports of receipts and expenditures on

forms, designed by the [Secretary of the Commonwealth] Election

Commission, if the amount received or expended or liabilities

incurred shall exceed the sum of two hundred fifty dollars

($250). Should such an amount not exceed two hundred fifty

dollars ($250), then the candidate or the treasurer of the

committee shall file a sworn statement to that effect with the

appropriate supervisor rather than the report required by this

section.

* * *

(g) Every person, other than a political committee or

candidate, who makes independent expenditures expressly

advocating the election or defeat of a clearly identified

candidate, or question appearing on the ballot, other than by

contribution to a political committee or candidate, in an

aggregate amount in excess of one hundred dollars ($100) during

a calendar year shall file with the appropriate supervisor, on a

form prepared by the [Secretary of the Commonwealth] Election

Commission, a report which shall include the same information

required of a candidate or political committee receiving such a

contribution and, additionally, the name of the candidate or

question supported or opposed. Reports required by this

subsection shall be filed on dates on which reports by political

committees making expenditures are required to report under this

section.

20210SB0819PN1022 - 99 -

* * *

(j) All "Political Action Committees" shall report to the

[Secretary of the Commonwealth] Election Commission all

expenditures to or made on behalf of, any State-wide candidate,

candidate for the Pennsylvania House of Representatives, or

candidate for the State Senate, in the same manner as indicated

in this section as a candidate's political committee. This

provision shall be in addition to any other filing and reporting

provisions of this act which apply to such committees, their

treasurers and chairmen.

Section 1627. Annual Reports.--

(a) All political committees and candidates, including those

committees and candidates filing reports under section 1626 (d)

and (e), shall file a report on January 31 of each year which

shall be complete as of December 31 of the prior year. Such

reports shall be filed annually at this time until there is no

balance or debt in the report of the candidate or political

committee. Such reports shall be cumulative. However, if there

has been no change in the account, then the candidate or

political committee shall file a statement to that effect with

the appropriate supervisor. Each form designated by the

[Secretary of the Commonwealth] Election Commission for filing a

report or statement required by section 1626(e) shall contain a

block which may be marked by the candidate or political

committee designating it a termination report or statement. If

such report or statement is so designated, or if an authorized

candidate elects to file no report or statement pursuant to

section 1626.1, no annual report need be filed under this

section unless contributions were received or expenditures made

subsequent to the time period for filing of such termination

20210SB0819PN1022 - 100 -

report. However, no candidate or political committee may

terminate by way of a statement where the unpaid balance

indicated in the previous report was greater than two hundred

fifty dollars ($250). In the case of annual reports said report

shall cover the campaign activity of a candidate or political

committee from the last prior report or statement.

* * *

Section 1631. Place of Filing.--

Any statement or report required by this article to be filed,

shall be done in the following manner:

(1) * * *

(ii) All candidates and political committees, authorized by

candidates and created solely for the purpose of influencing the

election of such candidates, who must file reports with the

[Secretary of the Commonwealth] Election Commission, shall also

file copies of their reports in the county in which the

candidate resides.

(2) (i) Any statement or report concerning an issue to be

voted on by the electors of the State at large shall be filed

with the [Secretary of the Commonwealth] Election Commission.

* * *

(3) However, if any report of any political committee

concerns both candidates who file for nomination with the

[Secretary of the Commonwealth] Election Commission and

candidates who file with a county board of elections, then such

report shall be filed with the [Secretary of the Commonwealth]

Election Commission.

Section 1635. Independent Audit.--

(a) Every two (2) years, the [Secretary of the Commonwealth]

Election Commission shall contract for the services of a

20210SB0819PN1022 - 101 -

certified public accountant or certified public accounting firm.

Such contract shall be awarded on a bid basis and no certified

public accountant or certified public accounting firm shall be

eligible to obtain such a contract for two (2) successive

contract periods.

(b) The [Secretary of the Commonwealth] Election Commission

shall select by lottery, at a public drawing, forty (40) days

after each primary, general and municipal election three (3) per

cent of all public offices for which candidates must file

nominating petitions or papers with the [Secretary of the

Commonwealth] Election Commission. For the purpose of this

subsection, a legislative or senatorial district shall be

considered a public office. Any public office filled at a

special election occurring other than at a primary, general or

municipal election shall be placed in the lottery of public

offices for audit at the next succeeding primary, general or

municipal election whichever occurs first. Any public office

filled at a special election held at the same time as any other

election shall be included in the lottery for that election.

* * *

(e) The accountant shall report his or her findings to the

[Secretary of the Commonwealth] Election Commission who shall

make public the report of the accountants. The results of the

primary election audit shall not be released to the public until

after the general or municipal election. Nothing in this

subsection shall be construed to prohibit the initiation of

prosecution for criminal violations by the appropriate agencies.

* * *

Section 1636. Audit of Expense Accounts.--

(a) Within ninety (90) days after the last day for filing

20210SB0819PN1022 - 102 -

any report and affidavit required by this act, any five (5)

electors of the Commonwealth or of the political subdivision may

present a petition to the court of common pleas of the county in

which is situated the office where such original report has been

filed or with the Commonwealth Court in the case of original

report filed with the [Secretary of the Commonwealth] Election

Commission for an audit of such report. Thereupon the court

shall direct the officer or board with whom such report has been

filed to certify the same to the court for audit and may, in its

discretion, require security to be entered for costs. The court

may, in its discretion, appoint an auditor to audit such report,

but the fees of such auditor shall be a reasonable sum per day

for each day actually engaged. The court or auditor shall fix a

day as early as may be convenient for the audit, at which time

the person by whom such report has been filed shall be required

to be present in person to vouch his report and to answer on

oath or affirmation all such relevant questions concerning the

same, as may be put to him by the petitioners or their counsel.

The auditor shall issue subpoenas to all parties whom the

petitioners or the filer of the report may require, to give

evidence concerning such report, and he shall determine, subject

to exception, all questions as to the admissibility of evidence,

and shall file a copy of the evidence with his findings. If upon

the audit, the court shall decide that the report was false in

any substantial manner, or that any expenses have been incurred

in contravention of this act, the costs of said audit shall be

paid by the filer of the report, otherwise the court shall make

such order as to payment of costs as shall be just in the

circumstances.

* * *

20210SB0819PN1022 - 103 -

Section 1640. Additional Powers and Duties of the [Secretary

of the Commonwealth] Election Commission.--The [Secretary of the

Commonwealth] Election Commission shall have the following

additional powers and duties:

(1) To serve as the State clearing house for information

concerning the administration of this act.

(2) To prescribe suitable rules and regulations to carry out

the provisions of this act.

(3) To develop the prescribed forms required by the

provisions of this article for the making of the reports and

statements required to be filed with the supervisor.

(4) To prepare a manual setting forth recommended uniform

methods of bookkeeping and reporting which shall be furnished by

the supervisor to the person required to file such reports and

statements as required by this article.

(5) To examine the contributions to State legislative and

Statewide candidates and publish a list of all those political

committees who have contributed to candidates and who have

failed to file reports as required by this act within six (6)

days of their failure to comply.

Section 1641. Reports by Business Entities; Publication by

[Secretary of the Commonwealth] Election Commission.--

(a) Any business entity including but not limited to a

corporation, company, association, partnership or sole

proprietorship, which has been awarded non-bid contracts from

the Commonwealth or its political subdivisions during the

preceding calendar year, shall report by February 15 of each

year to the [Secretary of the Commonwealth] Election Commission

an itemized list of all political contributions known to the

business entity by virtue of the knowledge possessed by every

20210SB0819PN1022 - 104 -

officer, director, associate, partner, limited partner or

individual owner that has been made by:

(1) any officer, director, associate, partner, limited

partner, individual owner or members of their immediate family

when the contributions exceed an aggregate of one thousand

dollars ($1,000) by any individual during the preceding year; or

(2) any employe or members of his immediate family whose

political contribution exceeded one thousand dollars ($1,000)

during the preceding year.

For the purposes of this subsection, "immediate family" means a

person's spouse and any unemancipated child.

(b) It shall be the duty of the [Secretary of the

Commonwealth] Election Commission to publish sixty (60) days

after February 15 of each year a complete itemized list of all

contributions given under the provisions of subsection (a). This

list shall be a matter of public record open to public

inspection and copies made available at cost to any individual

who requests them.

Section 1701. Opening Ballot Boxes upon Petition of Electors

Alleging Fraud or Error; Deposit or Bond.--* * *

(a.1) In cases resulting from a recount or recanvass order

by the [Secretary of the Commonwealth] Election Commission under

section 1404(g), all of the following apply:

* * *

Section 1702. Recanvassing Voting Machines upon Petition of

Electors Alleging Fraud or Error.--(a) Judicial proceedings

shall be as follows:

* * *

(2) In cases resulting from a recount or recanvass ordered

by the [Secretary of the Commonwealth] Election Commission under

20210SB0819PN1022 - 105 -

section 1404(g), all of the following apply:

* * *

Section 1729. New Election if Invalid; Notice.--If the

committee, or a majority thereof, shall report that such

election or return is invalid, a new election shall take place

on the day of the general election ensuing, agreeably to the

Constitution, of which the presiding officer of each house shall

immediately give notice by their joint writ directed to the

[Secretary of the Commonwealth] Election Commission and the

county boards of the respective counties; and the county boards

of the respective counties shall give due notice thereof

according to law. If the committee, or a majority thereof, shall

report that such nomination is invalid, the vacancy in the party

ticket shall be filled in the manner provided by section 979 of

this act.

Section 1732. Entry and Effect of Decision.--After the

hearing of the said case, the said judges shall, without

unnecessary delay, decide which of the candidates voted for

received the greatest number of legal votes, and is entitled to

the nomination or office which decision shall be entered of

record to the case in the said court, and a certified copy

thereof shall, within five (5) days from the rendering thereof,

be delivered to the [Secretary of the Commonwealth] Election

Commission, whereupon the person who, by the decision of the

court, shall appear to have received the largest number of

votes, shall be entitled to the nomination or to the office, and

be commissioned accordingly.

Section 1739. Certification and Effect of Decision.--After

such hearing the said judges shall, without delay, decide which

of the candidates voted for received the greatest number of

20210SB0819PN1022 - 106 -

legal votes, and is entitled to the nomination or office, which

decision shall be entered of record to the case in said court,

and a certified copy thereof shall, within five (5) days from

the rendering of such decision, be transmitted to the [Secretary

of the Commonwealth] Election Commission; whereupon the person

who, by the said decision, shall appear to have received the

largest number of votes, shall be entitled to the nomination, or

to the office, and commissioned accordingly.

Section 1746. Return of Result to Proper House.--In the case

of contested elections of senator and representative in the

General Assembly, the [Secretary of the Commonwealth] Election

Commission shall, on the day of the meeting of the next General

Assembly, or if in session, then immediately upon its reception,

deliver to the presiding officer of the proper house the

certified copy of the decision of the court aforesaid.

Section 1774. Certified Copy of Order of Court to Be

Forwarded to [Secretary of the Commonwealth] Election Commission

and County Boards.--Immediately upon the entry of any order or

decree of court deciding any contested nomination or election,

it shall be the duty of the prothonotary of said court to

transmit immediately to the [Secretary of the Commonwealth]

Election Commission and to the proper county board a certified

copy of said order or decree.

Section 1803. Refusal to Permit Inspection of Papers;

Destruction or Removal; [Secretary of the Commonwealth] Election

Commission.--[Any Secretary of the Commonwealth, deputy, or

employe of his office,] The Election Commission or any employe

of the Election Commission who shall refuse to permit the public

inspection or copying as authorized, except when in use in his

office, by this act, of any return, nomination petition,

20210SB0819PN1022 - 107 -

certificate or paper, other petition, account, contract, report

or any other document or record in his custody which, under the

provisions of this act, is required to be open to public

inspection; or who shall destroy or alter, or permit to be

destroyed or altered, any such document or record during the

period for which the same is required to be kept in his office;

or who shall remove any such document or record from his office

during said period, or permit the same to be removed, except

pursuant to the direction of any competent court or any

committee required to determine any contested primary or

election, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding one

thousand ($1,000) dollars, or to undergo an imprisonment of not

less than one (1) month nor more than two (2) years, or both, in

the discretion of the court.

Section 1807. Driving away Watchers, Attorneys, Candidates

or Overseers.--Any person who by violence or intimidation shall

threaten or drive away any watcher, attorney, candidate or

overseer, or representative of the county board of elections, or

of the [Secretary of the Commonwealth] Election Commission,

required or permitted to be present at any polling place, or who

shall in any manner prevent any overseer, or representative of

the county board of elections or of the [Secretary of the

Commonwealth] Election Commission from performing his duty under

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding one

thousand ($1,000) dollars, or to undergo an imprisonment of not

less than one (1) month nor more than two (2) years, or both, in

the discretion of the court.

Section 1848. Failure to Perform Duty.--[Any Secretary of

20210SB0819PN1022 - 108 -

the Commonwealth,] A member of the Election Commission or a

member of a county board of elections, chief clerk, employe,

overseer, judge of election, inspector of election, clerk of

election, machine inspector or custodian or deputy custodian of

voting machines on whom a duty is laid by this act who shall

wilfully neglect or refuse to perform his duty, shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding one thousand ($1,000)

dollars, or to undergo an imprisonment of not more than two (2)

years, or both, in the discretion of the court.

Section 1901. The following acts and parts of acts of

Assembly are hereby repealed as particularly set forth:

* * *

The [Secretary of the Commonwealth] Election Commission is

authorized and empowered to prepare and print an index of this

act. The index, if prepared, shall be attached to the advance

sheets of the pamphlet laws, and shall also be printed in the

pamphlet laws.

Section 22. The following shall apply:

(1) This act shall apply to elections occurring 60 days

after the effective date of this section.

(2) Beginning on the effective date of this section, the

Department of State and the Secretary of the Commonwealth may

not exercise a duty or power of the Secretary of the

Commonwealth or the Department of State to oversee the process

in general, primary and municipal elections and campaign

finance. This paragraph shall not apply to a Constitutionally

mandated function of the Secretary of the Commonwealth and the

Department of State regarding elections or campaign finance.

(3) The following shall apply beginning 60 days after the

20210SB0819PN1022 - 109 -

effective date of this section:

(i) An entity or board relating to elections or campaign

finance, such as the Voting Standards Development Board or the

State Plan Advisory Board, established or existing within the

Department of State shall exist within the Election Commission.

(ii) An entity or board relating to elections or campaign

finance, which was formed by the Secretary of the Commonwealth,

such as the Statewide Uniform Registry of Electors Advisory

Board, shall exist within the Elections Commission.

(iii) The membership of the Secretary of the Commonwealth on

an entity or board relating to elections or campaign finance,

such as the Pennsylvania Election Law Advisory Board, shall be

assumed by the chair of the Elections Commission.

(4) Activities initiated by the Department of State or the

Secretary of the Commonwealth to oversee the process in general,

primary and municipal elections and campaign finance shall

continue and remain in full force and effect and shall be

completed by the Election Commission. Orders, regulations, rules

and decisions which were made by the Department of State or the

Secretary of the Commonwealth and which are in effect on the

effective date of this section shall remain in full force and

effect until revoked, vacated or modified by the Election

Commission. Contracts, obligations and collective bargaining

agreements entered into by the Department of State or the

Secretary of the Commonwealth are not affected nor impaired by

the termination of duties under paragraph (2) and shall be

executed by the Election Commission on and after the effective

date of this section.

Section 23. This act shall take effect in 60 days.

20210SB0819PN1022 - 110 -