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A01754
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1300
Session of
2021
INTRODUCED BY GROVE, RYAN, E. NELSON, ORTITAY, SCHEMEL, LEWIS,
WHEELAND, OWLETT AND R. MACKENZIE, JUNE 10, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 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," as follows:
in preliminary provisions, further providing for definitions,
providing for legislative authority over elections,
establishing the Bureau of Election Audits and providing for
special standing in challenges to the Election Code;
in the Secretary of the Commonwealth, further providing for
powers and duties of the Secretary of the Commonwealth and
providing for reports on implementation of elections;
in county boards of elections, further providing for powers and
duties of county boards and providing for county boards of
elections and satellite offices;
in district election officers, further providing for
compensation of district election officers;
providing for registration of electors;
in ballots, further providing for form of official election
ballot and for number of ballots to be printed and specimen
ballots;
in voting machines, further providing for examination and
approval of voting machines by the Secretary of the
Commonwealth, for requirements of voting machines, for
preparation of voting machines by county election boards and
for delivery of voting machines and supplies by county
election boards to election officers;
in electronic voting systems, further providing for statistical
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sample and providing for requirements of accessible voting
machines;
in voting apparatus bonds, providing for voting system defects,
disclosure, investigations and penalties;
in preparation for and conduct of primaries and elections,
providing for voter's bill of rights, for senior voter's bill
of rights, for disabled voter's bill of rights and further
providing for time for opening and closing polls, for manner
of applying to vote, persons entitled to vote, voter's
certificates, entries to be made in district register,
numbered lists of voters and challenges and for deadline for
receipt of valid voter registration application;
in voting by qualified absentee electors, further providing for
applications for official absentee ballots, for date of
application for absentee ballot, for delivering or mailing
ballots, for voting by absentee electors, providing for
supervised voting by qualified absentee electors in certain
facilities and further providing for canvassing of official
absentee ballots and mail-in ballots;
in voting by qualified mail-in electors, further providing for
applications for official mail-in ballots, for date of
application for mail-in ballot, for delivering or mailing
ballots and for voting by mail-in electors;
in Pennsylvania Election Law Advisory Board, further providing
for Pennsylvania Election Law Advisory Board;
providing for early voting by qualified electors;
in returns of primaries and elections, further providing for
returns to be open to public inspection and exceptions and
for computation of returns by county board, certification and
issuance of certificates of election;
in recounts and contest, providing for powers and duties of the
Attorney General relating to elections;
in penalties, further providing for disobeying lawful
instructions, for perjury, for false affidavits of
candidates, for refusal to permit inspection of papers,
destruction or removal and Secretary of the Commonwealth, for
refusal to permit inspection of papers, destruction or
removal and county boards of elections, for insertion and
alteration of entries in documents, removal and refusal to
deliver, for refusal to permit overseers, watchers, attorneys
or candidates to act, for driving away watchers, attorneys,
candidates or overseers, for refusal to permit election
officers, clerks and machine inspectors to act and driving
away said persons, for refusal to administer oath and acting
without being sworn, for violation of oath of office by
election officers, for peace officers, failure to render
assistance and hindering or delaying county board members and
others, for nomination petitions and papers and offenses by
signers, for false signatures and statements in nomination
petitions and papers, for nomination petitions, certificates
and papers, destruction, fraudulent filing and suppression,
for offenses by printers of ballots, for unlawful possession
of ballots and counterfeiting ballots, for forging and
destroying ballots, for tampering with voting machines, for
destroying, defacing or removing notices, et cetera, for
police officers at polling places and for peace officer,
failure to quell disturbances at polls, hindering or delaying
election officers and others, for election officers
permitting unregistered electors to vote, challenges and
refusing to permit qualified electors to vote, for election
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officers refusing to permit elector to vote in proper party
at primaries, for frauds by election officers, for prying
into ballots, for interference with primaries and elections,
frauds and conspiracy, for persons interfering in other
districts, for assault and battery at polls, for unlawful
assistance in voting, for election officers permitting
unlawful assistance, for failure to keep and return record of
assisted voters, for unlawful voting, for elector voting
ballot of wrong party at primary, for repeat voting at
elections, for removing ballots, for commissioners to take
soldiers' votes, for fraudulent voting by soldiers, for
bribery at elections, for receipts and disbursements of
primary and election expenses by persons other than
candidates and treasurers, for receipts of primary and
election expenses by unauthorized persons, for contributions
by corporations or unincorporated associations, for failure
to file expense account, for prohibiting duress and
intimidation of voters and interference with the free
exercise of the elective franchise, for failure to perform
duty, for hindering or delaying performance of duty, for
violation of any provision of act, for violations of
provisions relating to absentee and mail-in ballots and
providing for unlawful collection of ballots;
providing for reimbursements and withholding; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(e), (n), (p), (r), (s), (t), (z-1),
(z.4) and (z.5) of the act of June 3, 1937 (P.L.1333, No.320),
known as the Pennsylvania Election Code, are amended and the
section is amended by adding subsections to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(e) [The] Except as provided in section 700-A, the words
"district register" shall mean the [cards] electronic poll book
containing all or any part of the registry list of qualified
electors of the same election district, as prepared by the
registration commissions.
* * *
(n) [The] Except as provided in section 700-A, the word
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"party" shall mean a political party, as defined in section 801
of this act.
* * *
(p) [The] Except as provided in section 700-A, the words
"political body" shall mean an independent body of electors, as
defined in section 801 of this act.
* * *
(r) [The] Except as provided in section 700-A, the words
"primary" or "primary election" shall mean any election held for
the purpose of electing party officers and nominating candidates
for public offices to be voted for at an election.
* * *
(s) [The] Except as provided in section 700-A, the words
"public office" shall include every public office to which
persons can be elected by a vote of the electors under the laws
of this State.
(t) [The] Except as provided in section 700-A, the words
"qualified elector" shall mean any person who shall possess all
of the qualifications for voting now or hereafter prescribed by
the Constitution of this Commonwealth, or who, being otherwise
qualified by continued residence in his election district, shall
obtain such qualifications before the next ensuing election.
* * *
(z-1) [The] Except as provided in section 700-A, the words
"in military service" shall mean the uniformed services as
defined in section 102 of the Career Compensation Act of 1949
(63 Stat. 804 U.S. Code, Title 37, Par. 231).
* * *
(z.4) [The] Except as provided in section 700-A, the word
"municipality" shall mean a city, borough, incorporated town,
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township or any similar general purpose unit of government which
may be created by the General Assembly.
(z.5) The words "proof of identification" shall mean:
[(1) In the case of an elector who has a religious objection
to being photographed, a valid-without-photo driver's license or
a valid-without-photo identification card issued by the
Department of Transportation.
(2) For an elector who appears to vote under section 1210, a
document that:
(i) shows the name of the individual to whom the document
was issued and the name substantially conforms to the name of
the individual as it appears in the district register;
(ii) shows a photograph of the individual to whom the
document was issued;
(iii) includes an expiration date and is not expired,
except:
(A) for a document issued by the Department of
Transportation which is not more than twelve (12) months past
the expiration date; or
(B) in the case of a document from an agency of the Armed
forces of the United States or their reserve components,
including the Pennsylvania National Guard, establishing that the
elector is a current member of or a veteran of the United States
Armed Forces or National Guard which does not designate a
specific date on which the document expires, but includes a
designation that the expiration date is indefinite; and
(iv) was issued by one of the following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employee of
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that municipality.
(D) An accredited Pennsylvania public or private institution
of higher learning.
(E) A Pennsylvania care facility.
(3) For a qualified absentee elector under section 1301 or a
qualified mail-in elector under section 1301-D:
(i) in the case of an elector who has been issued a current
and valid driver's license, the elector's driver's license
number;
(ii) in the case of an elector who has not been issued a
current and valid driver's license, the last four digits of the
elector's Social Security number;
(iii) in the case of an elector who has a religious
objection to being photographed, a copy of a document that
satisfies paragraph (1); or
(iv) in the case of an elector who has not been issued a
current and valid driver's license or Social Security number, a
copy of a document that satisfies paragraph (2).]
(1) In the case of any elector, at least one of the
following:
(i) the elector's driver's license;
(ii) in the case of an elector who has a religious objection
to being photographed, a copy of a valid-without-photo driver's
license or a valid-without-photo identification card issued by
the Department of Transportation;
(iii) the elector's voter registration card with scannable
identification number and a copy of the elector's signature, as
issued by a county under section 302;
(iv) a document from an agency of the armed forces of the
United States or their reserve components, including the
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Pennsylvania National Guard, establishing that the elector is a
current member of or a veteran of the United States Armed Forces
or National Guard which does not designate a specific date on
which the document expires, but includes a designation that that
expiration date is indefinite;
(v) a document issued by the secretary under section 201(n);
(vi) an affidavit provided to an elector by elections
officers, on which the elector shall affirm his or her identity,
including his or her signature and the last four digits of his
or her Social Security number. The affidavit shall include
disclosure of the penalties under section 1802; or
(vii) a document that shows the name and photograph of the
individual to whom the document was issued, includes an
expiration date and is not expired and is issued by one of the
following:
(A) The United States Government.
(B) The Commonwealth of Pennsylvania.
(C) A municipality of this Commonwealth to an employe of
that municipality.
(D) An accredited public or private institution of higher
learning located in this Commonwealth.
(E) A care facility located in this Commonwealth.
(2) (Reserved).
* * *
(z.7) The words "ballot comparison risk-limiting audit"
shall mean a statistical audit that compares the interpretation
of individual ballots according to the voting system to a human
interpretation of the same individual ballots.
(z.8) The words "risk limit" shall mean the maximum chance
that an audit will not progress to a full hand recount if the
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voting system record is incorrect.
(z.9) The words "ballot-polling risk-limiting audit" shall
mean a statistical audit that selects ballots at random and
interprets the ballots by hand until there is strong evidence
that the recorded outcome in an election is correct, or until
all the votes have been counted by hand.
Section 2. The act is amended by adding sections to read:
Section 107. Legislative Authority Over Elections.--Article
I, section 5 of the Constitution of the United States and
Article VII of the Constitution of Pennsylvania vest authority
for prescribing election law in the General Assembly.
Section 108. Bureau of Election Audits.--(a) The Bureau of
Election Audits is established in the Department of the Auditor
General. The Bureau of Election Audits shall have subpoena power
to request from the department or a county any documents,
records, papers, data, ballots, election materials or testimony
necessary for the efficient completion of the audits required
under this section.
(b) The Auditor General shall conduct independent election
audits in accordance with generally accepted governmental audit
standards (GAGAS) and appropriate Service Organization Control
standards and shall ensure that the audit methodology will
verify the accuracy of the election and the accuracy of
election equipment used.
(c) If the Auditor General is on the ballot, the Auditor
General shall appoint an independent special auditor who shall
be a licensed certified public accountant and shall have
experience in completing election audits to oversee the
operation of the Bureau of Election Audits.
(d) The Bureau of Election Audits shall ensure continuous
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improvement of the election audits required under this section
to ensure the accuracy of election results and compliance with
Federal and State laws.
(e) The duties of the Bureau of Election Audits shall
include:
(1) To conduct result-confirming audits of each election in
this Commonwealth, completed by the third Friday following the
election. The audits shall include:
(i) A statistically sound, ballot-comparison risk-limiting
audit of ballots for each election, except for an election which
is uncontested, and except as provided in section 1117-A where a
ballot-polling audit shall be conducted.
(ii) An audit of election machine logs.
(iii) An audit of the returned absentee and mail-in ballots
in each county, including a comparison of retained envelopes on
which the executed declarations appear, for mail-in and absentee
ballots, secrecy envelopes and the total number of absentee and
mail-in ballots canvassed.
(iv) An audit comparing each canvassed and retained paper
ballot in each county with the number of votes recorded.
(v) An audit of the pre-election testing of election
equipment conducted by each county.
(vi) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the outcome of each
election.
(2) To conduct performance audits of the operations of
elections systems and processes at least once every five years.
The audits shall include:
(i) An audit of each county election office in the
Commonwealth.
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(ii) An audit of the Department of State's election
equipment certification process.
(iii) An audit of the Statewide voter registration system,
including an audit of the accuracy of the list of registered
electors.
(iv) An audit of the Department of State's administration of
elections.
(v) Any other audit deemed necessary by the Bureau of
Election Audits to ensure public trust in the election
administration in this Commonwealth.
(3) To publicly post audit methodologies for each of the
audits required under this section, including on the Auditor
General's publicly accessible Internet website and the
Department of State's publicly accessible Internet website.
(4) To publicly post the results of each audit required
under this section, including on the Auditor General's publicly
accessible Internet website, the Department of State's publicly
accessible Internet website and each county's publicly
accessible Internet website.
(5) To monitor corrective action plans developed by entities
audited under this section, ensuring that the corrective action
plan addresses deficiencies identified by an audit and that the
plan is successfully executed to remediate deficiencies.
(6) If a full manual recount of an election is undertaken,
the Bureau of Election audits shall not be required to perform
the audit required under paragraph (1)(i).
(f) The duties of the county board of elections shall
include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of audits required under subsection (d).
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(2) Cooperating with the Bureau of Election Audits to post
the results of audits conducted in that county as required under
subsection (e)(4).
(3) Holding a public meeting between the third Saturday
after an election and the fourth Thursday after an election, at
which the board shall make publicly available to the residents
of the county the results of audits conducted under subsection
(d).
(4) Submitting to the Department of State, along with the
certified results of the election, a report with the results of
the audits conducted under subsection (e)(3). The report shall
include the following:
(i) The overall accuracy of election results as confirmed by
the audits under subsection (e)(3).
(ii) A description of any problem or discrepancies
encountered in the administration of the election.
(iii) The identified causes of any problems or
discrepancies.
(iv) Recommended corrective actions with respect to avoiding
or mitigating any problems or discrepancies in future elections.
(5) Developing a corrective action plan to address any
findings of error or deficiency within an audit conducted under
this section.
(g) The duties of the Department of State shall include:
(1) Cooperating with the Bureau of Election Audits to enable
efficient conduct of each audit required under subsection (e).
(2) Cooperating with the Bureau of Election Audits to post
the methodologies and results of audits conducted in this
Commonwealth as required under subsection (e)(3) and (4).
(3) To develop a corrective action plan to address any
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findings of error or deficiency within an audit conducted under
this section.
Section 109. Special Standing in Challenges to the Election
Code.--(a) In a judicial proceeding in which all or part of
this act is alleged to be unconstitutional, either or both
chambers of the General Assembly, subject to subsection (b),
shall have special standing to intervene as a party in the
action and to defend the act.
(b) The following shall apply:
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Subcommittee on Management Operation as provided under
section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law.
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require an
action of the Bi-partisan Management Committee as provided under
section 21.1 of the Legislative Officers and Employes Law.
(c) Intervention by either or both chambers of the General
Assembly under this section shall not constitute a waiver of
sovereign immunity, legislative privilege or other privilege or
immunity.
(d) This section shall not make either or both chambers of
the General Assembly a necessary or indispensable party to an
action. A party to an action may not name either or both
chambers of the General Assembly as a party or move to join
either or both chambers of the General Assembly as a party based
on this section.
(e) Nothing in this section shall be construed to limit the
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standing of either or both chambers or an individual member of
the General Assembly in a judicial proceeding in which the
subject matter relates to specific powers unique to a
legislator's functions under the Constitution of Pennsylvania
being diminished or impaired.
Section 3. Section 201 of the act is amended to read:
Section 201. Powers and Duties of the Secretary of the
Commonwealth.--The Secretary of the Commonwealth shall exercise
in the manner provided by this act all powers granted to him by
this act, and shall perform all the duties imposed upon him by
this act, which shall include the following:
(a) To determine, in accordance with the provisions of this
act, the forms of nomination petitions and papers, expense
accounts and all other forms and records, the form of which he
is required to determine under the provisions of this act.
(b) To examine and reexamine voting machines, and to approve
or disapprove them for use in this State, in accordance with the
provisions of this act. The secretary shall not approve any
voting machine for any election, Federal or State, in this
Commonwealth, that does not comply with the requirements of
section 301 of the Help America Vote Act of 2002 (Public Law
107-252, 42 U.S.C. § 15481).
(c) To certify to county boards of elections for primaries
and elections the names of the candidates for President and
Vice-President of the United States, presidential electors,
United States senators, representatives in Congress and all
State offices, including senators, representatives, and judges
of all courts of record, and delegates and alternate delegates
to National Conventions, and members of State committees, and
the form and wording of constitutional amendments or other
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questions to be submitted to the electors of the State at large.
(d) To receive and determine, as hereinafter provided, the
sufficiency of nomination petitions, certificates and papers of
candidates for President of the United States, presidential
electors, United States senators, representatives in Congress
and all State offices, including senators, representatives and
judges of all courts of record, and delegates and alternate
delegates to National Conventions and members of State
committees.
(e) To receive such reports from county boards of elections
as are required by this act, and to demand such additional
reports on special matters as he may deem necessary.
(e.1) To receive from county boards of elections information
on voting system errors or difficulties or other election data
pursuant to regulation.
(f) To receive from county boards of elections the returns
of primaries and elections, to canvass and compute the votes
cast for candidates and upon questions as required by the
provisions of this act; to proclaim the results of such
primaries and elections, within three days after receipt of
returns from all counties and to issue certificates of election
to the successful candidates at such elections, except in cases
where that duty is imposed by law on another officer or board.
[(f.1) To develop a voluntary professional certification and
poll worker training program for county election officials in
consultation with county boards of elections.]
(f.2) To order a county board to conduct a recount or
recanvass of an election under section 1404 for a public office
which appears on the ballot in every election district in this
Commonwealth or for a ballot question which appears on the
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ballot in every election district in this Commonwealth.
(g) To perform only such other duties relating to elections
as [may be prescribed by law.] authorized by this act or by 25
Pa.C.S. (relating to elections).
(h) To establish a system for the remedy of complaints
regarding the administration of the provisions of Title III of
the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C.
§ 15481 et seq.).
(i) To obtain and maintain uniformity in the interpretation
and implementation of election laws.
(j) To provide uniform standards for the proper, accurate
and uniform implementation of voter registration laws and
records.
(k) To actively seek out and collect the data and statistics
necessary to knowledgeably scrutinize the effectiveness of
election laws.
(l) To provide technical assistance to election directors.
(m) To maintain a voter fraud hotline and provide election
fraud education to the public.
(n) To provide to any registered elector upon request, and
free of charge, a durable photo identification card which may be
used for the purposes of voting.
(o) To publish by December 31 of each odd-numbered year the
official instructions and procedures manual prescribed by the
Pennsylvania Election Law Advisory Board.
(p) To receive any private donations intended to contribute
to election administration or voter education in this
Commonwealth, and to distribute the funds, or any public funds
used for the purposes of voter education, equally across this
Commonwealth based upon the most recent census estimate of
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citizen voting age population. A distribution of private funds
must be approved by the Election Law Advisory Board.
(q) To maintain a publicly accessible Internet website using
a .gov domain name, on which the secretary shall post
information required by this act. The website shall additionally
adhere to generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To retain and make publicly available any communications
relating to election administration and sent between the
department and at least three county election directors.
(s) To develop a uniform application for registered electors
to update their signature of record or to provide a medical
doctor's assessment of signature inconsistency due to a medical
condition.
(t) To cooperate with an independent prosecutor appointed by
the Attorney General for each election cycle to review election
complaints received by the secretary and the county boards of
elections.
(u) To publish on the department's publicly accessible
Internet website the list of registered electors in each county
and Statewide, at least five days prior to an election.
(v) To reimburse counties for the cost of annual training
required under section 1302-E.
(w) To create and publish, prior to the proclamation of
results in a primary or election, a combined record of the
registered electors in this Commonwealth as of the date of the
primary or election, together with the record of participation
in the primary or election by each registered elector, submitted
by counties under section 1404(c). The record shall be published
on the department's publicly accessible Internet website, made
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available upon request to any elector and retained for a period
of five years. A physical copy of the record required under this
subsection must be created, dated and retained for a period of
five years.
(x) In addition to the requirements of 25 Pa.C.S. Ch. 15
(relating to changes in record), to seek a record of all deaths
among residents of this Commonwealth, and each month to compare
the records with the list of electors in the Statewide Uniform
Registry of Electors, and for any elector found to be deceased,
to notify the elector's county of residence.
(y) In addition to the requirements of 25 Pa.C.S. Ch. 15, to
fully participate in the Electronic Registration Information
Center (ERIC) and to utilize all available information received
through that system and through the National Change of Address
system to ensure the accuracy of the Statewide Uniform Registry
of Electors and the continued eligibility of all registered
electors in this Commonwealth.
(z) To receive from counties a monthly report of any newly
registered elector who was previously registered in another
state and to notify the chief elections administrator in that
state of the elector's registration in this Commonwealth.
(z.1) To create and maintain a tracking system for each
qualified mail-in or absentee elector to track the status of an
application for a mail-in or absentee ballot, the date on which
an elector's ballot is prepared, the date on which an elector's
ballot is mailed, the date on which an elector's ballot is
received and the date on which an elector's ballot is pre-
canvassed or canvassed.
Section 4. The act is amended by adding a section to read:
Section 209. Reports on Implementation of Elections.--(a)
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No later than 60 days after an election, the Bureau of
Commissions, elections and legislation of the Department of
State shall issue a report to 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. A copy of the report shall also be made
available on the Department of State's publicly accessible
Internet website.
(b) The report under subsection (a) shall include only the
following information relating to the administration of the
election by the Department of State, a county board of elections
or a registration commission established under 25 Pa.C.S. §
1203(a) (relating to commissions):
(1) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
received by the county board of elections.
(2) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were received
by the county board of elections.
(3) For each county and the sum for this Commonwealth, the
number of applications for an absentee ballot which were
approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the
number of applications for a mail-in ballot which were approved
by the county board of elections.
(5) For each county and the sum for this Commonwealth, the
number of absentee ballots which were voted by qualified
electors.
(6) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were voted by qualified
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electors.
(7) For each county and the sum for this Commonwealth, the
number of provisional ballots cast under section 1210(a.4).
(8) For each county and the sum for this Commonwealth, the
number of qualified electors voting by a provisional ballot
under section 1306(b)(2).
(9) For each county and the sum for this Commonwealth, the
number of qualified electors voting by provisional ballot under
section 1306-D(b)(2).
(10) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (7) which were
canvassed.
(11) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (8) which were
canvassed.
(12) For each county and the sum for this Commonwealth, the
number of provisional ballots under paragraph (9) which were
canvassed.
(13) (Reserved).
(14) For each county and the sum for this Commonwealth, the
number of polling places in school buildings.
(15) For each county, the date, starting time and ending
time that the county board of elections met to pre-canvass
absentee ballots and mail-in ballots under section 1308(g)(1.1).
(16) For each county, the date, starting time and ending
time that the county board of elections met to canvass absentee
ballots and mail-in ballots under section 1308(g)(2).
(17) For each county and the sum for this Commonwealth, the
number of absentee ballots which were challenged under section
1302.2(c).
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(18) For each county and the sum for this Commonwealth, the
number of mail-in ballots which were challenged under section
1302.2-D(a)(2).
(19) For each county and the sum for this Commonwealth, the
number of absentee ballots subject to challenges under paragraph
(17) which were not canvassed.
(20) For each county and the sum for this Commonwealth, the
number of mail-in ballots subject to challenges under paragraph
(18) which were not canvassed.
(21) The number of incidents known to the Department of
State, county boards of elections or registration commissions
relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to
the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by
an individual other than the individual who applied for the
absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was
returned to the county board of elections by a means other than
permitted by law.
(22) To the extent consistent with Federal and State law, a
review of any action taken by the Department of State, county
board of elections or registration commissions in response to an
incident under paragraph (21), including determinations made on
the incident, legal actions filed and referrals to law
enforcement.
(23) A review of issues or incidents encountered with an
electronic voting system that received the approval of the
Secretary of the Commonwealth under section 1105-A, including
technical issues encountered at polling places.
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(c) The Department of State shall develop a process to
collect data required to be included in the report under
subsection (b) from each county board of elections which
conducts an election and each registration commission under 25
Pa.C.S. Pt. IV (relating to voter registration) in a county
which conducts an election, as applicable. A county board of
elections or registration commission under this subsection shall
comply with the process for submission of data under this
subsection no later than 45 days after an election.
Section 5. Section 302(f), (k) and (m) of the act are
amended and the section is amended by adding subsections 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:
* * *
(f) [To make and issue such rules, regulations and
instructions, not inconsistent with law, as they may deem
necessary for the guidance of voting machine custodians,
elections officers and electors.] To follow and obey rules,
regulations and instructions as are included for each election
in the manual of operations published under section 201.
* * *
(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] fourth Friday
following the primary or election, the results thereof to the
Secretary of the Commonwealth, as may be provided by law, and to
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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[.]
and a complete record of each registered elector in the county
on the date of the election, including which registered electors
are recorded as participating in that election and the article
of this act under which each elector voted.
* * *
(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 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[.] and shall be posted to the
county board of election's publicly accessible Internet website.
The Secretary of the Commonwealth 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.
* * *
(q) To maintain a publicly accessible Internet website using
a .gov domain name. The website shall additionally adhere to
generally accepted accessibility standards, including
compatibility with screen reading software.
(r) To decline to accept any private donation or
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contribution for the purposes of operating elections, employing
staff or selecting and equipping a polling place or for use in
voter education, unless received from the secretary under a
distribution provided for in section 201(h) .
(s) To provide to each registered elector in a county,
within one year of the effective date of this subsection and
upon new or updated registration after the effective date of
this subsection, or at the request of an elector, a durable
voter registration card, including a scannable identification
code and a likeness of a registered elector's signature. A
county board of elections shall investigate the circumstances of
any registration card returned as undeliverable by the United
States Postal Service. The investigation shall include
contacting the applicant, further attempts to have his or her
registration card delivered and the correction or
reconsideration of his or her registration status and registered
address, if they are found to be incorrect.
(t) To capture and store signatures submitted by an elector
for use in matching an elector's signature under the
requirements of this act.
(u) To implement the minimum voter education standards
established under section 1302-E and to conduct additional
nonpartisan education efforts as necessary to ensure that
electors have a working knowledge of the voting process.
(v) To report to the election law advisory board, by
December 31 of each general election year, a detailed
description of the voter education programs implemented and any
other information that may be useful in evaluating the
effectiveness of voter education.
(w) To purchase electronic poll books for use as the
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district register in each election district within one year
after the effective date of this subsection. The electronic poll
books must provide an elector with the ability to scan his or
her driver's license or his or her voter registration card in
order to have his or her eligibility to vote verified, and must
have a means for an elector to electronically record his or her
signature.
(x) To provide each election district with at least one
accessible voting machine approved by the secretary under this
act.
(y) To publish at each polling place the voter bill of
rights, senior voter bill of rights and disabled voter bill of
rights established by this act.
(z) To provide copies of the voter bill of rights, senior
voter bill of rights and disabled voter bill of rights during
the process of supervised voting established by this act.
(z.1) To review any polling place where voters waited longer
than 30 minutes to cast a ballot and to identify and enact plans
to alleviate any such waiting time for future elections.
(z.2) For counties with a population of fewer than 100,000
at the time of the most recent Federal decennial census, to
collaborate with other counties to share resources or property
required for the administration of voting by absentee and mail-
in electors. The collaboration is not required and participation
in any resource sharing shall be at the discretion of each
county board.
(z.3) In addition to the requirements of 25 Pa.C.S. Ch. 15,
to seek a record of all deaths among residents of the county and
each month to compare the records with the list of registered
electors in the county. A registered elector whose first and
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last name, date of birth and last four digits of the elector's
Social Security number are found on a death record shall be
subject to immediate removal from the SURE system. The local
commission shall notify the elector by mail of its action.
(z.4) To enter into an agreement with the Unified Judicial
System of Pennsylvania to receive a record of any county
resident who claims ineligibility for service as a juror under
42 Pa.C.S. § 4502 (relating to qualifications of jurors) and to
investigate the registration status of any registered elector
who claimed ineligibility to serve as a juror on the basis of a
lack of citizenship.
(z.5) To cooperate with the department to any degree
necessary in the creation of the system required under section
201(z.1).
Section 6. The act is amended by adding a section to read:
Section 313. County Boards of Elections and Satellite
Offices.--In addition to the permanent offices operated by any
county board of elections, the board may, as necessary,
establish additional satellite election offices if the satellite
election office established under this section complies with the
requirements under this section. The following shall apply:
(a) A satellite election office must meet the requirements
for and be subject to the same restrictions as a polling place
under this act.
(b) A satellite election office must offer the same services
and capabilities as the permanent offices maintained by the
county board of elections.
(c) A satellite election office must be operated by paid
staff of the county board of elections.
(d) A board establishing satellite election offices must
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ensure that the location of the offices are geographically
distributed across the county.
(e) A satellite election office must be established within a
permanent building. For purposes of this section, a permanent
building is any existing structure not temporarily erected for
use as a satellite election office.
(f) The location and hours of operation of a satellite
election office shall be announced at least 30 days prior to its
establishment.
(g) After the establishment of in-person early voting under
Article XIII-F, a satellite election office may only be
established at the same premises as early voting locations in a
county.
Section 7. Section 412.2(a) and (f) of the act are amended
and the section is amended by adding a subsection to read:
Section 412.2. Compensation of District Election Officers.--
(a) In all counties regardless of class, judges of election,
inspectors of election, clerks and machine operators shall be
paid compensation as fixed by the county board of elections for
each election, which amount shall be at least [$75] $175 and not
more than [$200] $300.
* * *
(f) The individual furnishing transportation to the judge of
election and the minority inspector in transmitting returns and
ballot boxes shall be entitled to [a minimum of 35¢] the
standard mileage rate set by the Internal Revenue Service for
the current year per circular mile from the polling place to the
county court house. The name of the individual shall appear on
the voucher of the judge of election and only one individual may
receive mileage compensation.
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* * *
(j) The department shall reimburse counties for half the
cost of payments made under subsections (a) and (f).
Section 8. The act is amended by adding an article to read:
ARTICLE VII-A
REGISTRATION OF ELECTORS
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 700-A. 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:
"Applicant." An individual who applies to be registered to
vote as provided for under this article and 25 Pa.C.S. Pt. IV
(relating to voter registration).
"Commission." A registration commission established under 25
Pa.C.S. § 1203 (relating to commissions).
"Commissioner." A member of a commission.
"County." A county of this Commonwealth. The term includes a
county within which is located a city of the first class or with
which a city of the first class is coextensive.
"Department." The Department of State of the Commonwealth.
"District." An election district or precinct of a
municipality.
"District register." The list of registered electors
prepared by the commission under 25 Pa.C.S. § 1402 (relating to
district registers).
"Election." A general, special, municipal or primary
election.
"General election." The election which the Constitution of
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Pennsylvania requires to be held in even-numbered years.
"General register." The list of registered electors prepared
by the commission under 25 Pa.C.S. § 1401 (relating to general
register).
"In military service." Serving in the uniformed services as
defined in section 102 of the Career Compensation Act of 1949
(Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
National Guard.
"Members of the United States merchant marine." Any of the
following:
(1) Individuals employed as officers or members of crews
of vessels documented under the law of the United States or
of vessels owned by the United States or of vessels of
foreign-flag registry under charter to or control of the
United States. This paragraph does not include individuals in
military service.
(2) Individuals enrolled with the United States for
employment or for training for employment or maintained by
the United States for emergency relief service as officers or
members of crews of vessels referred to in paragraph (1). The
term does not include individuals in military service or
individuals employed or enrolled for employment or for
training for employment or maintained for emergency relief on
the Great Lakes or the inland waterways.
"Military elector." Any of the following:
(1) An individual in military service and the
individual's spouse and dependents.
(2) An individual in the merchant marine and the
individual's spouse and dependents.
(3) An individual in a religious or welfare group
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officially attached to and serving with the armed forces of
the United States and the individual's spouse and dependents.
(4) An individual who is a civilian employee of the
United States outside the territorial limits of the United
States, whether or not the individual is subject to the civil
service laws and whether or not the individual is paid from
funds appropriated by Congress, and the individual's spouse
and dependents.
"Municipal election." The election which the Constitution of
Pennsylvania requires to be held in odd-numbered years.
"Municipality." A city, borough, town or township.
"Party." Any of the following:
(1) A party or political body, one of whose candidates
at the general election immediately preceding the primary:
(i) polled, in each of at least 10 counties, at
least 2% of the largest entire vote cast in the county
for any elected candidate; and
(ii) polled a total vote in this Commonwealth equal
to at least 2% of the largest entire vote cast in this
Commonwealth for any elected candidate.
(2) A party or political body, one of whose candidates
at either the general or municipal election preceding the
primary polled at least 5% of the largest entire vote cast
for any elected candidate in any county.
"Political body." A political body not recognized as a
political party which has filed proper nomination papers as
required by law.
"Primary election." An election for the nomination of
candidates.
"Public office." Any Federal, State or political
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subdivision, office or position of employment requiring the
individual elected or appointed to render public service for a
fixed fee or compensation. The term does not include the office
of notary public or commissioner of deeds.
"Qualified elector." An applicant who possesses all of the
qualifications for voting prescribed by the Constitution of
Pennsylvania and the laws of this Commonwealth or who, being
otherwise qualified by continued residence in the election
district, obtains such qualifications before the next ensuing
election. The term does not include a military elector.
"Registrant" or "registered elector." A qualified elector
who is registered to vote in accordance with this article and 25
Pa.C.S. Pt. IV.
"Registration card." A registration record containing all
information required on the registration application, including
the elector's signature, and suitable space for the insertion by
the appropriate official of the following information:
(1) The ward and election district of residence.
(2) The registrant's street address.
(3) Data required to be given upon removal from the
registrant's residence.
(4) The date of each election at which the registrant
votes.
(5) The number and letter of the stub of the ballot
issued to the registrant or the registrant's number in the
order of admission to the voting machines.
(6) The initials of the election officer who enters the
record of voting in the district register.
(7) Whether the registrant needs assistance to vote and,
if so, the nature of the disability.
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"Registration records." The general register, district
register and any other record of registration maintained by a
commission. The term includes any record maintained by the
commission on the Statewide Uniform Registry of Electors.
"Secretary." The Secretary of the Commonwealth.
"Statewide Uniform Registry of Electors" or "SURE system."
The integrated voter registration system of all registered
electors in this Commonwealth established in 25 Pa.C.S. Ch. 12
Subch. B (relating to Statewide Uniform Registry of Electors
(SURE)).
SUBARTICLE B
QUALIFICATIONS
Section 701-A. Qualifications to register.
(a) Eligibility.--An individual who will be at least 18
years of age on the day of the next election, who has been a
citizen of the United States for at least one month prior to the
next election and who has resided in this Commonwealth and the
election district where the individual offers to vote for at
least 30 days prior to the next ensuing election.
(b) Effect.--No individual shall be permitted to vote at any
election unless the individual is registered under this
subsection, except as provided by law or by order of a court of
common pleas. No registered elector shall be required to
register again for any election while the elector continues to
reside at the same address.
(c) Removal of residence.--Except as otherwise provided
under this article and 25 Pa.C.S. Pt. IV (relating to voter
registration), a registered elector who removes residence from
one place to another outside the elector's last election
district shall not be entitled to vote in the election district
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of the elector's last residence except pursuant to the
provisions of this section and 25 Pa.C.S. §§ 1501(b) (relating
to removal notices), 1502 (relating to transfer of registration)
and 1902 (relating to procedure for voting following failure to
return notification card).
Section 702-A. Residence of electors.
(a) General rule.--
(1) For the purpose of registration and voting, no
individual shall be deemed to have gained a residence by
reason of presence or lost a residence by reason of absence
in any of the following circumstances:
(i) Being employed in the service, either civil or
military, of this Commonwealth or of the United States.
(ii) Being engaged in the navigation of the waters
of this Commonwealth or of the United States or on the
high seas.
(iii) Being in an institution at public expense.
This subparagraph does not apply to a veteran who resides
in a home for disabled and indigent soldiers and sailors
maintained by the Commonwealth. Such a veteran may elect
to utilize that residence for registration and voting or
elect to vote as an absentee elector by the use of an
absentee ballot.
(2) Nothing in paragraph (1) shall preclude any elector
eligible under section 701-A from establishing the district
of residence as the election district of residence under
subsection (b).
(3) Except as otherwise provided in this subsection, no
individual who is confined in a penal institution shall be
deemed a resident of the election district where the
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institution is located. The individual shall be deemed to
reside where the individual was last registered before being
confined in the penal institution, or, if there was no
registration prior to confinement, the individual shall be
deemed to reside at the last known address before
confinement.
(4) An individual who resides at a mental health
facility, if otherwise qualified under section 701-A, shall
be deemed at the individual's option a resident in one of the
following:
(i) The district where the institution is located.
(ii) The district where the individual was last
registered to vote before entering the institution. For
purposes of this subparagraph, if the individual was not
registered before entering the institution, the
individual shall be deemed to reside at the last known
address before entering the institution.
(b) Rules for determination.--The following apply:
(1) That the place shall be considered the residence of
an individual in which habitation is fixed and to which,
whenever the individual is absent, the individual has the
intention of returning.
(2) An individual shall not be considered to have lost
residence if the individual leaves home and goes into another
state or another election district for temporary purposes
only, with the intention of returning.
(3) An individual shall not be considered to have gained
a residence in an election district if the individual comes
into that district for temporary purposes only, without the
intention of making that election district a permanent place
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of abode.
(4) If an individual removes to another state with the
intention of making that state the permanent residence, the
individual shall be considered to have lost residence in this
Commonwealth.
(5) If an individual removes to another state with the
intention of remaining there an indefinite time and making
that state the place of residence, the individual shall be
considered to have lost residence in this Commonwealth,
notwithstanding an intention to return at some indefinite
future period.
(6) If an individual goes into another state and, while
there, votes in an election held by that state, the
individual shall be considered to have lost residence in this
Commonwealth.
(7) An individual employed in the service of the Federal
Government or of the Commonwealth and required thereby to be
absent from the municipality where the individual resided
when entering that employment and the spouse of the
individual may remain registered in the district where the
individual resided immediately prior to entering that
employment, and the individual and the spouse shall be
enrolled in the political party designated by the individual
or spouse without declaring a residence by street and number
as follows:
(i) An individual who registers under this paragraph
for Commonwealth employment must produce a certificate
from the head of the State agency, under the seal of
office, providing that the individual or the individual's
spouse is actually employed in the service of the
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Commonwealth and providing the nature of the employment
and the time when the employee first entered the
employment. The commission shall retain certificates
under this subparagraph.
(ii) The commission shall note on the registration
record of each individual registered under this paragraph
the fact of Federal or State employment.
(iii) At least once every two years the commission
shall verify the employment of the individuals registered
under this paragraph at the proper Federal or State
office. If an individual is found to be no longer a
Federal or State employee, the individual's registration
shall be canceled under 25 Pa.C.S. Ch. 15 (relating to
changes in records).
SUBARTICLE C
PROCEDURE
Section 721-A. Methods of voter registration.
An individual qualified to register to vote under section
701-A(a) may apply to register as follows:
(1) Under section 722-A.
(2) Under section 722.1-A.
(3) Under section 723-A.
(4) Under section 724-A.
(5) Under section 725-A.
Section 722-A. In-person voter registration.
(a) General rule.--Applications may be submitted to register
to vote or change party enrollment or name or address on a
current registration record in person before the commission or a
commissioner, a registrar or a clerk at the office of the
commission or at a place designated by the commission. The
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applicant shall be advised that any intentional false statement
on the application constitutes perjury and will be punishable as
such. The applicant shall provide the information required on
the registration application and sign the registration
declaration. The commission shall prepare and provide voter
registration applications for the purpose of registering
qualified electors in accordance with this section.
Notwithstanding any other provision of this article and 25
Pa.C.S. Pt. IV (relating to voter registration), the commission
may use a mail registration application for in-person
registration. The commission shall mail the qualified elector an
identification card in accordance with section 728-A.
(b) Notice.--The commission shall, within a reasonable time,
publicly announce the address of each place of registration, the
address of each office of the commission established for the
registration of qualified electors other than its main office
and the days and hours when the place or office is open for the
registration of qualified electors. The announcement shall be
made by posting notice at the place or office and at the
commission's main office and by other means as the commission
deems advisable.
(c) Polls.--The election board of each county shall cause
any polling place to be open, in proper order for use, as a
place of registration on each day when the polling place is
desired by the commission or required by the provisions of this
article and 25 Pa.C.S. Pt. IV for use as a place of
registration. The appropriating authority of the county shall
provide for the payment of rentals for such polling places and
other places of registration.
(d) Schools.--The board of public education or the board of
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