Trial Engrossment of Amendment A02957 to House Bill 1800 P.N. 2125, Regular Session 2021-2022

A02957

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1800

Session of

2021

INTRODUCED BY GROVE, RYAN, STAMBAUGH, FEE, SCHMITT, PICKETT,

R. MACKENZIE, HICKERNELL, BERNSTINE, STAATS, WHEELAND, HELM,

ROTHMAN, M. MACKENZIE, MILLARD, COOK, SCHLEGEL CULVER,

JOZWIAK, PENNYCUICK, COX, GLEIM, SMITH, MOUL, SAYLOR, RADER,

KERWIN, MENTZER, JAMES, FRITZ, OWLETT, STRUZZI AND ROWE,

SEPTEMBER 20, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 20, 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 district

election boards and election, for qualifications of election

officers, for tie votes for judge and inspector, for clerks

of election and machine inspectors, for vacancies in election

boards, appointment, judge and majority inspector to be

members of majority party and minority inspector to be member

of minority party, for election officers to be sworn, for

oath of judge of election, for oaths of inspectors of

election, for oaths of clerks of election, for oath of

machine inspectors, for power of election officers to

administer oaths, for compensation of district election

officers and for appointment of watchers;

in election districts and polling places, further providing for

polling places to be selected by county board, for public

buildings to be used where possible and portable polling

places and for temporary polling places;

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 experimental

use of electronic voting systems and for statistical sample

and providing for requirements of accessible voting machines

and for voting system defects, disclosure, investigation and

penalties;

repealing provisions relating to voting apparatus bonds and

providing for election equipment funding;

in preparation for and conduct of primaries and elections,

providing for voter's bill of rights, for senior voter's bill

of rights and for disabled voter's bill of rights and further

providing for delivery of ballots and supplies to judges of

election, for time for opening and closing polls, for opening

of polls, posting cards of instruction and notices of

penalties and voters' rights and examination of voting

machines, for manner of applying to vote, persons entitled to

vote, voter's certificates, entries to be made in district

assistance in voting 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 and 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 and for powers and

duties of district attorneys 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,

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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, for peace officer, failure

to quell disturbances at polls and 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

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 and for violations of

provisions relating to absentee and mail-in ballots and

providing for unlawful collection of ballots and for

prohibiting duress and intimidation of elections officials;

providing for reimbursements and withholding; and making an

appropriation 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),

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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

"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

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"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,

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

A02957 - 5 -

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.

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

A02957 - 6 -

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

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.

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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

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.

(z.10) The words "care facility" shall mean any of the

following:

(1) A long-term care nursing facility as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

"Health Care Facilities Act."

(2) An assisted living residence or a personal care home as

defined in section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the "Human Services Code."

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

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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.

the Auditor General stands for election , 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

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) Except if a full manual recount of an election is

undertaken or an election is uncontested, to conduct result-

confirming audits of each election in this Commonwealth,

A02957 - 9 -

completed by the third Friday following the election. The audits

shall include:

(i) A statistically sound, ballot-comparison or ballot-

polling, risk-limiting audit of ballots for each election, as

provided under section 1117-A.

(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.

(ii) An audit of the Department of State's election

equipment certification process.

(iii) An audit of the Statewide Uniform Registry of Electors

(SURE) 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.

A02957 - 10 -

(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).

(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

A02957 - 11 -

(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.

(4.1) Submitting to the Department of State, within ninety

(90) days after any election, 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

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

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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 a

majority vote by the House of Representatives.

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

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:

A02957 - 13 -

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).

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

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

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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

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

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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 hotline for the reporting of any known or

suspected election fraud or intimidation or duress of poll

workers, judges of elections, election officials or election

observers, and to 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 submit to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin 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

citizen voting age population. A distribution of private funds

A02957 - 16 -

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

available upon request to any elector and retained for a period

A02957 - 17 -

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.

(z.2) To develop and offer the training prescribed by the

Election Law Advisory Board under section 1302-E, and to make

such training available free of charge to any individual

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required to complete the training.

Section 4. The act is amended by adding a section to read:

Section 209. Reports on Implementation of Elections.--(a)

No later than 75 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

A02957 - 19 -

electors.

(6) For each county and the sum for this Commonwealth, the

number of mail-in ballots which were voted by qualified

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).

A02957 - 20 -

(17) For each county and the sum for this Commonwealth, the

number of absentee ballots which were challenged under section

1302.2(c).

(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

A02957 - 21 -

electronic voting system that received the approval of the

Secretary of the Commonwealth under section 1105-A, including

technical issues encountered at polling places.

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 60 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,

A02957 - 22 -

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

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

A02957 - 23 -

generally accepted accessibility standards, including

compatibility with screen reading software.

(r) To decline to accept any private donation or

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

A02957 - 24 -

other information that may be useful in evaluating the

effectiveness of voter education.

(w) To purchase electronic poll books for use as the

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. Notwithstanding any other provision of this act, for

elections held within one year of the effective date of this

section, paper district register cards may still be utilized by

any county. After the purchase of electronic poll books, paper

district register cards may be retained for use in the event of

an unforeseen issue in using electronic poll books at an

election.

(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

A02957 - 25 -

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

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).

(z.6) To cooperate with the election integrity officer

appointed in the county under section 1779, and to include the

election integrity officer in all correspondence related to the

conduct of the election.

(z.7) As follows:

(i) To pre-canvass or canvass all mail-in and absentee

ballots received prior to election day by no later than nine o'

A02957 - 26 -

clock P. M. on election day.

(ii) To canvass all mail-in and absentee ballots received on

election day and prior to eight o'clock P. M. by no later than

two o'clock A. M. on the day following the election.

(iii) To compute all returns from each precinct, with the

exception of provisional ballots, and all canvassed mail-in or

absentee ballots, with the exception of ballots set aside for a

determination of compliance with this act, by no later than six

o'clock A. M. on the day following the election.

(iv) A county may receive no reimbursements under this act

for an election in which the deadlines under this subsection

are not met.

(v) Ballots returned by qualified absentee military or

overseas electors shall not be subject to the deadlines in this

subsection.

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.

staff of the county board of elections.

A02957 - 27 -

(d) A board establishing satellite election offices must

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 published under section 106 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. Sections 401, 402, 403, 404, 405, 406, 407, 408,

409, 410, 411, 412.2, 417(b), 526, 527 and 528 of the act are

amended to read:

Section 401. District Election Boards; Election.--(a) All

primaries and elections shall be conducted in each election

district by a district election board consisting of a judge of

election, a majority inspector of election and a minority

inspector of election, assisted by two clerks and machine

inspectors [in certain cases, as hereinafter provided] as

provided in this act. The judge and inspectors of election of

each election district shall be elected [by the electors

thereof] at the municipal election[,] and shall hold office for

a term of four years from the first Monday of January next

succeeding [their] the election. Each elector may vote for one

[person] individual as judge and for one [person] individual as

inspector[, and the person]. The individual receiving the

A02957 - 28 -

highest number of votes for judge shall be declared elected

judge of election, the [person] individual receiving the highest

number of votes for inspector shall be declared elected majority

inspector of election[, and the person] and the individual

receiving the second highest number of votes for inspector shall

be declared elected minority inspector of election.

(b) The county board shall fill all vacancies in conjunction

with the county parties. All vacancies must be filled two months

prior to a general election and one month prior to special

elections, midterm elections and primaries.

Department of State at the beginning of each month notifying the

department of the number of vacancies.

(d) The county board and county parties shall be provided

money to advertise the vacancies and recruit new election day

workers. Advertising may include television, radio and social

media.

(e) Each county board shall place information about county

board vacancies on the board's publicly accessible Internet

websites and shall produce public service announcements to

recruit workers.

(f) The county board and parties shall meet each month for

progress updates.

Section 402. Qualifications of Election Officers.-- (a)

Except as provided in subsection (b), election officers shall be

qualified registered electors of the [district in which they]

county in which the election officers are elected or appointed.

[No person shall be qualified to] No individual shall be

qualified to run or serve as an election officer who [shall

hold, or shall within two months have held,] holds or in the

A02957 - 29 -

previous two months has held any office, appointment or

employment in or under the Government of the United States or of

this [State] Commonwealth or of any city or county or poor

district, of any municipal board, commission or trust in any

city, [save only district justices] except magisterial district

judges, notaries public and persons in the militia service of

the [State; nor shall any] Commonwealth. An election officer

shall not be eligible to any civil office [to be] voted for at a

primary or election at which [he shall serve] the election

officer serves, except that of an election officer.

(b) The county board may appoint students, notwithstanding

[their] the student's eligibility to vote, to serve as a clerk

or machine inspector [pursuant to the following]. The following

shall apply:

(1) The county board may not appoint [no] more than two

students per precinct.

(2) [The] A judge of elections shall have direct supervision

of the student.

(3) The county board may compensate the student.

(4) The county board shall comply with all applicable

Federal and State laws.

(5) The student must at the time of the election for which

the student shall serve:

(i) be at least [seventeen (17)] 17 years of age;

(ii) be a United States citizen and a resident of the county

in which [he] the student was appointed to serve;

(iii) be enrolled in a secondary educational institution

with an exemplary academic record as determined by the

educational institution;

(iv) be approved by the principal or director of the

A02957 - 30 -

secondary educational institution; and

(v) have obtained the consent of [their] the student's

parent or guardian.

(6) The student may not serve as a judge of election or

[majority or minority] inspector.

Section 403. Tie Votes for Judge and Inspector.--If at any

municipal election in any district there [shall be] is a tie

vote for the office of judge of election, the majority inspector

of election [elected at said election] shall decide the tie

vote. If at any municipal election in any district there is a

tie vote for inspectors, the two candidates who receive the same

number of votes shall determine by lot which of [them] the

candidate's shall be the majority inspector.[, and the other

candidate shall be the minority inspector, and in case of a tie

vote also for judge of election at said election, the tie shall

be decided by the person so determined to be majority inspector.

The county board shall be notified immediately upon the

determination of any such tie vote.]

Section 404. Clerks of Election, Machine Inspectors.--[Prior

to the opening of the polls at each primary and election in

districts in which voting machines are not used, each] Each

inspector shall appoint one clerk to serve at [such] a primary

or election. [One clerk shall be appointed by the minority

inspector in each district in which a voting machine or machines

are used, and in each district in which more than one voting

machine is used, the] The county board of elections shall, prior

to each primary [and] or general election, appoint for [each

additional voting machine to be used in such] every two voting

machines in each district, one qualified registered elector of

the county to serve as machine inspector [therein for such

A02957 - 31 -

primary or election]. The qualifications of clerks and machine

inspectors shall be the same as [herein] those provided for

election officers.

Section 405. Vacancies in Election Boards; Appointment;

Judge and Majority Inspector to Be Members of Majority Party;

Minority Inspector to Be Member of Minority Party.--(a)

Vacancies in election boards existing by reason of the

disqualification, removal, resignation or death of an election

officer, or from any other cause, occurring prior to the fifth

day before any primary or election, shall[, in all cases,] be

filled by appointment[, by the court of the proper county of

competent persons, qualified in accordance with the provisions

of this act, who ] by the county board of elections, in

consultation with the county parties and the appointed

individual shall serve for the unexpired term of the [person]

individual whose place [he] the appointed individual is

appointed to fill[: Provided, however, That any]. A district

election officer who, after [his] election or appointment,

changes [his] political affiliation, [shall not thereby become]

is not disqualified to serve on [said] the election board, and

[shall not thereby] may not be subject to removal. In making

[such] appointments, the [court] county board shall receive and

consider any petitions filed by qualified electors of the

district affected[, and shall make no] and may not make an

appointment to fill any vacancy unless notice of the time at

which [they will make such appointment shall have been posted on

the polling place of such district, and in the immediate

vicinity thereof, at least five days prior thereto.] the board

will make the appointment was posted in the district polling

place at least five days prior to the appointment. In the

A02957 - 32 -

appointment of inspectors in any election district, both shall

not be of the same political party at the time of [said]

appointment, but one shall be of the party having the largest

number of votes and the other shall be of the party having the

second largest number of votes in [said] the district at the

last preceding November election, as [nearly as the judge or

judges can ascertain the fact] determined by the county board.

The judge of election shall, in all cases of appointment, be of

the political party having the majority of votes in [said] the

district at the last preceding November election, as [nearly as

the judge or judges can ascertain the fact. Immediately upon the

entry of an order of court filling any vacancy on an election

board, the clerk of said court shall forthwith transmit a

certified copy of said order to the county board, giving the

name and address of said appointee] determined by the county

board. Notwithstanding any provisions to the contrary, in

counties which have adopted home rule charters or optional plans

and which appoint the members of the county election board under

section 301(b), vacancies in the county board of elections shall

be filled consistent with the provisions for appointment of

county election board members under [that] section 301.

(a.1) Vacancies in county boards existing by reason of the

disqualification, removal, resignation or death of a clerk or

machine inspector appointed [pursuant to] under section 404 or a

vacancy of a clerk or machine inspector from any other cause

occurring prior to the day of any primary or election may be

filled by a student [pursuant to] under section 402(b).

(b) The first election board for any new district shall be

selected, by the court of the proper county, of competent

[persons] individuals, qualified in accordance with the

A02957 - 33 -

provisions of this act, who shall serve until the next municipal

election at which all election officials are elected under the

provisions of section 401.

during the five days immediately preceding any primary or

election or on the day of the primary or election may be filled

by appointment by the county board [of elections] from a pool of

competent [persons] individuals who are qualified registered

electors of the county and who have been trained by the county

to perform the duties of election officers [which are required

by] required under this act. [Any person] An individual

appointed to fill a vacancy in accordance with this subsection

shall serve as a member of the election board on the day of the

primary or election only. Any election board position filled in

accordance with this subsection shall be deemed vacant on the

day immediately following the primary or election and

subsequently shall be filled in accordance with subsection (a).

Section 406. Election Officers to Be Sworn.--All judges,

inspectors, clerks of election and machine inspectors shall,

before entering upon [their] duties at any primary or election,

[be duly sworn in the presence of each other and of the watchers

and overseers, if any. The judge shall first be sworn by the

minority inspector or by a magistrate, alderman or justice of

the peace, and the inspectors, clerks and machine inspectors

shall then be sworn by the judge. Each of them shall forthwith

furnished by the county board, and the same shall be attested by

the officer who administered the oath.

Section 407. Oath of Judge of Election.--The following shall

be the oath of each judge of election:

A02957 - 34 -

"I (John Doe) do swear (or affirm) that I will as judge duly

attend the ensuing election (or primary) during the continuance

thereof, and in cooperation with the inspectors, faithfully

carry on the same; that I will not give my consent to the

admission of any person to vote, except such as I firmly believe

to be registered and entitled to vote at such election (or

primary), according to the provisions of the Constitution and

laws of this Commonwealth, and that I will use my best endeavors

to prevent any fraud, deceit or abuse in carrying on the same,

and that I will make a true and perfect return of the said

election (or primary), and will at all times impartially and

faithfully perform my duty respecting the same, to the best of

my judgment and ability; and that I am not directly or

indirectly interested in any bet or wager on the result of this

election (or primary)."

Section 408. Oaths of Inspectors of Election.--The following

shall be the form of the oath to be taken by each inspector:

"I (John Doe) do swear (or affirm) that I will as an

inspector duly attend the ensuing election (or primary) during

the continuance thereof, and that I will not admit any person to

vote, except such as I shall firmly believe to be registered and

entitled to vote at such election (or primary), according to the

provisions of the Constitution and laws of this Commonwealth,

that I will not vexatiously delay or refuse to permit any person

to vote whom I shall believe to be entitled to vote as

aforesaid, that I will make a true and perfect return of the

said election (or primary), and that I will in all things truly,

impartially and faithfully perform my duties therein, to the

best of my judgment and ability; and that I am not directly or

indirectly interested in any bet or wager on the result of this

A02957 - 35 -

election (or primary)."

Section 409. Oaths of Clerks of Election.--The following

shall be the form of the oath to be taken by each clerk:

"I (John Doe) do swear (or affirm) that I will as a clerk

attend the ensuing election (or primary) during the continuance

thereof, that I will carefully and truly record the number of

votes that shall be given for each candidate at the election (or

primary) as often as his name shall be read to me by the judge

or inspectors thereof, and in all things truly and faithfully

perform my duty respecting the same to the best of my judgment

and ability; and that I am not directly or indirectly interested

in any bet or wager on the result of this election (or

primary)."

Section 410. Oath of Machine Inspectors.--The following

shall be the form of the oath to be taken by each machine

inspector:

"I (John Doe) do swear (or affirm) that I will as a machine

inspector attend the ensuing election (or primary) during the

continuance thereof, that I will in all things truly and

faithfully perform my duty respecting the same to the best of my

judgment and ability; and that I am not directly or indirectly

interested in any bet or wager on the result of this election

(or primary)."

Section 411. Power of Election Officers to Administer

Oaths.--The judge and inspectors of election shall each have the

power to administer oaths to any person claiming the right to

vote, or to his witnesses, or in any matter or thing required to

be done or inquired into by them under this act.] sign a written

oath of office which the judges shall transmit to the county

board of elections after the polling place closes. The

A02957 - 36 -

Department of State shall promulgate the text of the written

oath for all judges, inspectors, clerks and machine operators.

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.

(a.1) An election officer shall receive additional

compensation, as fixed by the county board of elections, for

participating in election training.

(a.2) A judge of election shall receive additional

compensation, as fixed by the county board of elections, for

picking up and returning election materials.

(b) If a county board of elections authorizes that the

duties of a clerk of elections or machine operator may be

performed by two individuals who each perform the duties for

one-half of an election day, each individual shall be

compensated at one-half of the rate authorized for a single

individual who performs the duties for the entire election day.

per diem rates within minimum and maximum rates provided for

under subsection (a) based on the number of votes cast for the

following groups:

(1) 150 votes or fewer.

(2) 151 to 300 votes.

(3) 301 to 500 votes.

(4) 501 to 750 votes.

(5) 751 votes and over.

(d) For transmitting returns of elections and the ballot box

A02957 - 37 -

or boxes, all judges of election shall be entitled to receive

the additional sum of $20.

(e) The county board of elections may require the minority

inspector of election to accompany the judge of election in

transmitting the returns of elections, in which case the

minority inspector of election shall be entitled to receive the

additional sum of $20.

(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.

(h) When a primary and special election or a special

election and a general or municipal election take place on the

same date, the elections shall be construed as one election for

the purpose of receiving compensation.

(i) Compensation and other payments received by election

officials under this section shall not be deemed income

classified and categorized under section 303 of the act of March

4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

(j) The department shall reimburse counties for half the

cost of payments made under subsections (a) and (f).

Section 417. Appointment of Watchers.--

* * *

(b) Each watcher so appointed must be a qualified registered

elector of the county in which the election district for which

the watcher was appointed is located and must have completed

A02957 - 38 -

training required for poll watchers under section 1302-E(c)(7).

Each watcher so appointed shall be authorized to serve in the

election district for which the watcher was appointed and, when

the watcher is not serving in the election district for which

the watcher was appointed, in any other election district in the

county in which the watcher is a qualified registered elector:

Provided, That only one watcher for each candidate at primaries,

or for each party or political body at general, municipal or

special elections, shall be present in the polling place at any

one time from the time that the election officers meet prior to

the opening of the polls under section 1208 until the time that

the counting of votes is complete and the district register and

voting check list is locked and sealed, and all watchers in the

room shall remain outside the enclosed space. It shall not be a

requirement that a watcher be a resident of the election

district for which the watcher is appointed. After the close of

the polls and while the ballots are being counted or voting

machine canvassed, all the watchers shall be permitted to be in

the polling place outside the enclosed space. Each watcher shall

be provided with a certificate from the county board of

elections, stating his name and the name of the candidate, party

or political body he represents. Watchers shall be required to

show their certificates when requested to do so. Watchers

allowed in the polling place under the provisions of this act,

shall be permitted to keep a list of voters and shall be

entitled to challenge any person making application to vote and

to require proof of his qualifications, as provided by this act.

During those intervals when voters are not present in the

polling place either voting or waiting to vote, the judge of

elections shall permit watchers, upon request, to inspect the

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voting check list and either of the two numbered lists of voters

maintained by the county board: Provided, That the watcher shall

not mark upon or alter these official election records. The

judge of elections shall supervise or delegate the inspection of

any requested documents.

* * *

Section 526. Polling Places to Be Selected by County

Board.--(a) The county board of elections shall select and fix

the polling place within each new election district and may, at

any time [for any reason that may seem proper to it,], but not

less than 14 days before an election, either on [its own] board

motion or on petition of [ten] 10 qualified registered electors

of an election district, change the polling place within any

election district. Except in case of an emergency or unavoidable

event occurring within [twenty] 14 days of a primary or

election, which renders any polling place unavailable for use at

[such] a primary or election, the county board shall not change

any polling place until at least five days after notice of the

proposed change shall have been posted on the existing polling

place and in the immediate vicinity [thereof] of the polling

place, and until at least five days after written notice of the

proposed change shall have been given to the occupant or owner

of [said] the polling place, or [their] the owner's agent.

(b) Except in case of emergency or unavoidable event,

occurring within [twenty] 14 days of a primary or election,

which renders any polling place unavailable for use, if a

petition [be] is presented to the county board on or before the

day set for hearing of the petition for change of polling place,

signed by a majority of the registered electors of the district,

objecting to the proposed change, [said] the change shall not be

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