Trial Engrossment of Amendment A02604 to Senate Bill 0224 P.N. 1160, Regular Session 2023-2024

HOUSE AMENDED

A02604

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

224

Session of

2023

INTRODUCED BY ARGALL, STREET, BARTOLOTTA, PHILLIPS-HILL, FARRY,

AUMENT, STEFANO, COSTA, SANTARSIERO AND CAPPELLETTI,

JANUARY 31, 2023

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2023

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," IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR

DEFINITIONS; IN THE SECRETARY OF THE COMMONWEALTH, FURTHER

PROVIDING FOR REQUIREMENTS RELATING TO VOTER IDENTIFICATION;

in dates of elections and primaries and special elections,

further providing for general primary and candidates to be

nominated and party officers to be elected; and, in

nomination of candidates, further providing for manner of

signing nomination petitions and time of circulating and, for

place and time of filing nomination petitions and filing

fees., FOR WITHDRAWAL OF CANDIDATES, FOR PLACE AND TIME OF

FILING NOMINATION PAPERS AND FOR OBJECTIONS TO NOMINATION

PETITIONS AND PAPERS; IN ELECTRONIC VOTING SYSTEMS, FURTHER

PROVIDING FOR SUPPLIES AND PREPARATION OF THE VOTING SYSTEM

AND OF POLLING PLACES AND FOR STATISTICAL SAMPLE; IN

PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS,

FURTHER PROVIDING 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;

IN VOTING BY QUALIFIED ABSENTEE ELECTORS, FURTHER PROVIDING

FOR APPLICATIONS FOR OFFICIAL MAIL-IN BALLOT, FOR DATE OF

APPLICATION FOR ABSENTEE BALLOT, FOR APPROVAL OF APPLICATION

FOR ABSENTEE BALLOT, FOR ENVELOPES FOR OFFICIAL ABSENTEE

BALLOTS, FOR DELIVERING OR MAILING BALLOTS, FOR VOTING BY

ABSENTEE ELECTORS AND FOR CANVASSING OF OFFICIAL ABSENTEE

BALLOTS AND MAIL-IN BALLOTS; IN VOTING BY QUALIFIED MAIL-IN

ELECTORS, FURTHER PROVIDING FOR DATE OF APPLICATION FOR MAIL-

IN BALLOT, FOR ENVELOPES FOR OFFICIAL MAIL-IN BALLOTS AND FOR

VOTING BY MAIL-IN ELECTORS; IN ELECTION INTEGRITY GRANT

PROGRAM, FURTHER PROVIDING FOR FUNDING FOR ELECTIONS; AND, IN

RECOUNTS AND CONTESTS, FURTHER PROVIDING FOR OPENING BALLOT

BOXES UPON PETITION OF ELECTORS ALLEGING FRAUD OR ERROR AND

DEPOSIT OR BOND, FOR RECANVASSING VOTING MACHINES UPON

PETITION OF ELECTORS ALLEGING FRAUD OR ERROR AND FOR

CORRECTION OF RETURNS, DECISION NOT TO BE FINAL AND EVIDENCE

FOR PROSECUTION.

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," in dates of elections and primaries and special

elections, further providing for general primary and

candidates to be nominated and party officers to be elected

and providing for school district budget timeline for 2024

and for procedure for securing approval of electors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 603, 908 and 913(d) of the act of June

3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, are amended to read:

SECTION 1. SECTIONS 102(Q.1) AND (Z.5), 206, 603, 908,

913(D), 914, 953(B) AND 977 OF THE ACT OF JUNE 3, 1937

(P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, ARE

AMENDED 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:

* * *

(Q.1) THE WORD "PRE-CANVASS" SHALL MEAN THE INSPECTION AND

OPENING OF ALL ENVELOPES CONTAINING OFFICIAL ABSENTEE BALLOTS OR

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MAIL-IN BALLOTS, THE REMOVAL OF SUCH BALLOTS FROM THE ENVELOPES

AND [THE COUNTING, COMPUTING AND TALLYING OF THE VOTES REFLECTED

ON THE BALLOTS.] THE PREPARATION OF THOSE BALLOTS FOR SCANNING,

INCLUDING UNFOLDING, STRAIGHTENING AND DUPLICATING IF THE BALLOT

IS DAMAGED IN SOME WAY THAT PREVENTS IT FROM BEING SCANNED BUT

WHERE THE VOTER'S INTENT IS STILL CLEAR. THE TERM SHALL ALSO

INCLUDE SCANNING THE BALLOT INTO A VOTING MACHINE OR OTHER

AUTOMATIC TABULATING DEVICE, IF THE EQUIPMENT USED BY THE COUNTY

BOARD OF ELECTIONS PERMITS A BALLOT TO BE SCANNED WITHOUT

TABULATING OR COUNTING THE VOTES ON THE BALLOT SCANNED. THE TERM

DOES NOT INCLUDE THE RECORDING OR PUBLISHING OF THE VOTES

REFLECTED ON THE BALLOTS.

* * *

(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

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(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

COPY OF A DOCUMENT THAT SATISFIES PARAGRAPH (2).]

(1) IN THE CASE OF AN ELECTOR WHO APPEARS TO VOTE UNDER

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SECTION 1210:

(I) ONE OF THE FOLLOWING FORMS OF PHOTO IDENTIFICATION THAT

SHOWS A PHOTO OF THE ELECTOR, THE NAME OF THE ELECTOR TO WHOM

THE DOCUMENT WAS ISSUED AND THE NAME SUBSTANTIALLY MATCHES THE

NAME OF THE ELECTOR AS IT APPEARS IN THE DISTRICT REGISTER:

(A) A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE

COMMONWEALTH OR AN AGENCY THEREOF.

(B) A DOCUMENT ISSUED BY THE FEDERAL GOVERNMENT OR BY A

FEDERALLY RECOGNIZED TRIBAL GOVERNMENT.

UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE

PENNSYLVANIA NATIONAL GUARD, ESTABLISHING THAT THE ELECTOR IS A

CURRENT MEMBER OF OR VETERAN OF THE UNITED STATES ARMED FORCES

OR NATIONAL GUARD.

(D) A DOCUMENT ISSUED BY A COUNTY, MUNICIPALITY OR SCHOOL

DISTRICT OF THIS COMMONWEALTH.

(E) A FIREARM PERMIT.

(F) A STUDENT IDENTIFICATION CARD.

(G) AN EMPLOYEE IDENTIFICATION CARD ISSUED BY A PRIVATE OR

PUBLIC EMPLOYER.

(II) IF AN ELECTOR DOES NOT HAVE PHOTO IDENTIFICATION AS

PROVIDED FOR IN SUBPARAGRAPH (I), THE ELECTOR MAY PRESENT TO THE

ELECTION OFFICER FOR EXAMINATION ONE OF THE FOLLOWING FORMS OF

IDENTIFICATION THAT CONTAINS THE ELECTOR'S NAME AND THE NAME

SUBSTANTIALLY MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN

THE DISTRICT REGISTER:

(A) IN THE CASE OF AN ELECTOR WHO HAS A RELIGIOUS OBJECTION

TO BEING PHOTOGRAPHED, A WITHOUT-PHOTO DRIVER'S LICENSE OR A

WITHOUT-PHOTO IDENTIFICATION CARD ISSUED BY THE COMMONWEALTH.

(B) A DOCUMENT ISSUED BY THE COMMONWEALTH, OR AN AGENCY,

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COUNTY, MUNICIPALITY OR SCHOOL DISTRICT OF THIS COMMONWEALTH,

INCLUDING A VOTER IDENTIFICATION CARD ISSUED IN ACCORDANCE WITH

25 PA.C.S. § 1328(C) (RELATING TO APPROVAL OF REGISTRATION

APPLICATIONS).

FEDERALLY RECOGNIZED TRIBAL GOVERNMENT.

(D) A DOCUMENT FROM A CARE FACILITY IN THIS COMMONWEALTH.

(E) A UTILITY BILL, INCLUDING A BILL FROM A CELLULAR

TELECOMMUNICATIONS PROVIDER.

(F) A BANK STATEMENT.

(G) A PAYCHECK OR PAYSTUB.

(H) A GOVERNMENT CHECK.

(I) A PROOF OF INSURANCE DOCUMENT.

(J) A TAX FILING OR DOCUMENT.

(K) A REGISTRATION, FEE STATEMENT OR TRANSCRIPT FROM AN

INSTITUTION OF HIGHER EDUCATION.

(L) A MORTGAGE DOCUMENT.

(M) A RESIDENTIAL LEASE.

(III) AN ELECTOR WHO IS UNABLE TO PROVIDE A FORM OF

IDENTIFICATION UNDER SUBPARAGRAPH (I) OR (II) MAY PRESENT A

QUALIFIED ELECTOR OF THE ELECTION DISTRICT WHO CAN VOUCH FOR THE

ELECTOR'S IDENTITY. THE ELECTOR AND VOUCHER SHALL SIGN AN

AFFIRMATION AFFIRMING THE NAME OF THE ELECTOR AND THAT THE

VOUCHER PERSONALLY KNOWS THE ELECTOR. AN ELECTION OFFICIAL SHALL

CONFIRM THAT THE NAME PROVIDED IN THE AFFIRMATION SUBSTANTIALLY

MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN THE DISTRICT

WHICH SHALL INCLUDE DISCLOSURE OF THE PENALTIES UNDER SECTION

1802.

(IV) AN ELECTOR WHO IS UNABLE TO PROVIDE A FORM OF

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IDENTIFICATION UNDER SUBPARAGRAPH (I) OR (II) OR A VOUCHER UNDER

SUBPARAGRAPH (III) MAY PROVIDE A FORM, PRESCRIBED BY THE

SECRETARY OF THE COMMONWEALTH AND PROVIDED TO THE ELECTOR BY AN

ELECTION OFFICER, ON WHICH THE ELECTOR SHALL PRINT THEIR NAME

AND ADDRESS, AND AFFIRM THEIR IDENTITY. AN ELECTION OFFICER

SHALL CONFIRM THAT THE NAME PROVIDED IN THE AFFIRMATION

SUBSTANTIALLY MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN

THE DISTRICT REGISTER. THE AFFIRMATION SHALL INCLUDE A

DISCLOSURE OF THE PENALTIES UNDER SECTION 1802.

* * *

SECTION 206. REQUIREMENTS RELATING TO VOTER

IDENTIFICATION.--(A) THE SECRETARY OF THE COMMONWEALTH SHALL

PREPARE AND DISSEMINATE INFORMATION TO THE PUBLIC REGARDING THE

PROOF OF IDENTIFICATION REQUIREMENTS ESTABLISHED UNDER SECTIONS

1210 AND 1302.

[(B) NOTWITHSTANDING THE PROVISIONS OF 75 PA.C.S. § 1510(B)

(RELATING TO ISSUANCE AND CONTENT OF DRIVER'S LICENSE) TO THE

CONTRARY, THE DEPARTMENT OF TRANSPORTATION SHALL ISSUE AN

IDENTIFICATION CARD DESCRIBED IN 75 PA.C.S. § 1510(B) AT NO COST

TO ANY REGISTERED ELECTOR WHO HAS MADE APPLICATION THEREFOR AND

HAS INCLUDED WITH THE COMPLETED APPLICATION A STATEMENT SIGNED

BY THE ELECTOR DECLARING UNDER OATH OR AFFIRMATION THAT THE

ELECTOR DOES NOT POSSESS PROOF OF IDENTIFICATION AS DEFINED IN

SECTION 102(Z.5)(2) AND REQUIRES PROOF OF IDENTIFICATION FOR

VOTING PURPOSES.

OF THE STATEMENT DESCRIBED IN SUBSECTION (B) AND SHALL

DISTRIBUTE THE FORM TO THE COUNTIES AND THE DEPARTMENT OF

TRANSPORTATION. THE SECRETARY OF THE COMMONWEALTH, THE SECRETARY

OF TRANSPORTATION AND THE COUNTY BOARDS OF ELECTION SHALL

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DISSEMINATE INFORMATION TO THE PUBLIC REGARDING THE AVAILABILITY

OF IDENTIFICATION CARDS UNDER SUBSECTION (B).]

Section 603. General Primary; Candidates to Be Nominated and

Party Officers to Be Elected.--(a) There shall be a General

primary preceding each general election which shall be held on

the third Tuesday of May in all even-numbered years, except in

the year of the nomination of a President of the United States,

in which year the General primary shall be held on the fourth

Tuesday of April. Candidates for all offices to be filled at the

ensuing general election shall be nominated at the General

primary. The vote for candidates for the office of President of

the United States, as provided for by this act, shall be cast at

the General primary.

(b.1) Notwithstanding subsection (a), the General primary

for 2000 shall be held on April 4, 2000.

(b.2) Notwithstanding subsection (a), the General primary

for 2024 shall be held on March 19, 2024.

Section 908. Manner of Signing Nomination Petitions; Time of

Circulating.--

(1) Each signer of a nomination petition shall sign but one

such petition for each office to be filled, and shall declare

therein that he is a registered and enrolled member of the party

designated in such petition: Provided, however, That where there

are to be elected two or more persons to the same office, each

signer may sign petitions for as many candidates for such office

as, and no more than, he could vote for at the succeeding

election. He shall also declare therein that he is a qualified

elector of the county therein named, and in case the nomination

is not to be made or candidates are not to be elected by the

electors of the State at large, of the political district

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therein named, in which the nomination is to be made or the

election is to be held. He shall add his address where he is

duly registered and enrolled, giving city, borough or township,

with street and number, if any, and shall legibly print his name

and add the date of signing, expressed in words or numbers:

Provided, however, That if the said political district named in

the petition lies wholly within any city, borough or township,

or is coextensive with same, it shall not be necessary for any

signer of a nomination petition to state therein the city,

borough or township of his residence. [No]

(2) Except as provided under paragraph (3), no nomination

petition shall be circulated prior to the thirteenth Tuesday

before the primary, and no signature shall be counted unless it

bears a date affixed not earlier than the thirteenth Tuesday nor

later than the tenth Tuesday prior to the primary.

(3) For the general primary election that occurs in 2024, no

nomination petition shall be circulated prior to the eleventh

TWELFTH Tuesday before the primary and no signature shall be

counted unless it bears a date affixed not earlier than the

eleventh TWELFTH Tuesday nor later than the eighth NINTH Tuesday

prior to the primary.

Section 913. Place and Time of Filing Nomination Petitions;

Filing Fees.--* * *

[(d) All] (d) (1) Except as provided under paragraph (2),

all nomination petitions shall be filed on or before the tenth

Tuesday prior to the primary.

(2) For the general primary election that occurs in 2024,

all nomination petitions shall be filed on or before the eighth

NINTH Tuesday prior to the primary.

* * *

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Section 2. This act shall take effect immediately.

SECTION 914. WITHDRAWAL OF CANDIDATES.--[ANY]

(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), ANY OF THE

CANDIDATES FOR NOMINATION OR ELECTION AT ANY PRIMARY MAY

WITHDRAW HIS NAME AS A CANDIDATE BY A REQUEST IN WRITING, SIGNED

BY HIM AND ACKNOWLEDGED BEFORE AN OFFICER EMPOWERED TO

ADMINISTER OATHS, AND FILED IN THE OFFICE IN WHICH HIS

NOMINATION PETITION WAS FILED. SUCH WITHDRAWALS, TO BE

EFFECTIVE, MUST BE RECEIVED IN THE OFFICE OF THE SECRETARY OF

THE COMMONWEALTH NOT LATER THAN 5 O'CLOCK P. M. ON THE FIFTEENTH

DAY NEXT SUCCEEDING THE LAST DAY FOR FILING NOMINATION PETITIONS

IN SAID OFFICE, AND IN THE OFFICE OF ANY COUNTY BOARD OF

ELECTIONS, NOT LATER THAN THE ORDINARY CLOSING HOUR OF SAID

OFFICE ON THE FIFTEENTH DAY NEXT SUCCEEDING THE LAST DAY FOR

FILING NOMINATION PETITIONS IN SAID OFFICE. NO NAME SO WITHDRAWN

SHALL BE PRINTED ON THE BALLOT OR BALLOT LABELS. NO CANDIDATE

MAY WITHDRAW ANY WITHDRAWAL NOTICE ALREADY RECEIVED AND FILED,

AND THEREBY REINSTATE HIS NOMINATION PETITION.

(2) FOR THE GENERAL PRIMARY THAT OCCURS IN 2024, ANY OF THE

CANDIDATES FOR NOMINATION OR ELECTION MAY WITHDRAW HIS NAME AS A

CANDIDATE BY A REQUEST IN WRITING, SIGNED BY HIM AND

ACKNOWLEDGED BEFORE AN OFFICER EMPOWERED TO ADMINISTER OATHS,

AND FILED IN THE OFFICE IN WHICH HIS NOMINATION PETITION WAS

FILED. SUCH WITHDRAWALS, TO BE EFFECTIVE, MUST BE RECEIVED IN

THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH NOT LATER THAN

FIVE O'CLOCK P.M. ON THE TENTH DAY NEXT SUCCEEDING THE LAST DAY

FOR FILING NOMINATION PETITIONS IN SAID OFFICE, AND IN THE

OFFICE OF ANY COUNTY BOARD OF ELECTIONS, NOT LATER THAN THE

ORDINARY CLOSING HOUR OF SAID OFFICE ON THE TENTH DAY NEXT

SUCCEEDING THE LAST DAY FOR FILING NOMINATION PETITIONS IN SAID

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OFFICE. NO NAME SO WITHDRAWN SHALL BE PRINTED ON THE BALLOT OR

BALLOT LABELS. NO CANDIDATE MAY WITHDRAW ANY WITHDRAWAL NOTICE

ALREADY RECEIVED AND FILED, AND THEREBY REINSTATE HIS NOMINATION

PETITION.

SECTION 953. PLACE AND TIME OF FILING NOMINATION PAPERS.--

* * *

(B) NO NOMINATION PAPER SHALL BE CIRCULATED PRIOR TO THE

[TENTH WEDNESDAY PRIOR TO THE PRIMARY] DAY FOLLOWING THE LAST

DAY FOR FILING NOMINATION PETITIONS UNDER SECTION 913, AND NO

SIGNATURE SHALL BE COUNTED UNLESS IT BEARS A DATE AFFIXED NOT

EARLIER THAN THE [TENTH WEDNESDAY PRIOR TO THE PRIMARY] DAY

FOLLOWING THE LAST DAY FOR FILING NOMINATION PETITIONS UNDER

SECTION 913, NOR LATER THAN THE SECOND FRIDAY SUBSEQUENT TO THE

PRIMARY.

* * *

SECTION 977. OBJECTIONS TO NOMINATION PETITIONS AND

PAPERS.--[ALL]

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), ALL NOMINATION

PETITIONS AND PAPERS RECEIVED AND FILED WITHIN THE PERIODS

LIMITED BY THIS ACT SHALL BE DEEMED TO BE VALID, UNLESS, WITHIN

SEVEN DAYS AFTER THE LAST DAY FOR FILING SAID NOMINATION

PETITION OR PAPER, A PETITION IS PRESENTED TO THE COURT

SPECIFICALLY SETTING FORTH THE OBJECTIONS THERETO, AND PRAYING

THAT THE SAID PETITION OR PAPER BE SET ASIDE. A COPY OF SAID

PETITION SHALL, WITHIN SAID PERIOD, BE SERVED ON THE OFFICER OR

BOARD WITH WHOM SAID NOMINATION PETITION OR PAPER WAS FILED.

UPON THE PRESENTATION OF SUCH A PETITION, THE COURT SHALL MAKE

AN ORDER FIXING A TIME FOR HEARING WHICH SHALL NOT BE LATER THAN

TEN DAYS AFTER THE LAST DAY FOR FILING SAID NOMINATION PETITION

OR PAPER, AND SPECIFYING THE TIME AND MANNER OF NOTICE THAT

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SHALL BE GIVEN TO THE CANDIDATE OR CANDIDATES NAMED IN THE

NOMINATION PETITION OR PAPER SOUGHT TO BE SET ASIDE. ON THE DAY

FIXED FOR SAID HEARING, THE COURT SHALL PROCEED WITHOUT DELAY TO

HEAR SAID OBJECTIONS, AND SHALL GIVE SUCH HEARING PRECEDENCE

OVER OTHER BUSINESS BEFORE IT, AND SHALL FINALLY DETERMINE SAID

MATTER NOT LATER THAN FIFTEEN (15) DAYS AFTER THE LAST DAY FOR

FILING SAID NOMINATION PETITIONS OR PAPERS. IF THE COURT SHALL

FIND THAT SAID NOMINATION PETITION OR PAPER IS DEFECTIVE UNDER

THE PROVISIONS OF SECTION 976, OR DOES NOT CONTAIN A SUFFICIENT

NUMBER OF GENUINE SIGNATURES OF ELECTORS ENTITLED TO SIGN THE

SAME UNDER THE PROVISIONS OF THIS ACT, OR WAS NOT FILED BY

PERSONS ENTITLED TO FILE THE SAME, IT SHALL BE SET ASIDE. IF THE

OBJECTIONS RELATE TO MATERIAL ERRORS OR DEFECTS APPARENT ON THE

FACE OF THE NOMINATION PETITION OR PAPER, THE COURT, AFTER

HEARING, MAY, IN ITS DISCRETION, PERMIT AMENDMENTS WITHIN SUCH

TIME AND UPON SUCH TERMS AS TO PAYMENT OF COSTS, AS THE SAID

COURT MAY SPECIFY. IN CASE ANY SUCH PETITION IS DISMISSED, THE

COURT SHALL MAKE SUCH ORDER AS TO THE PAYMENT OF THE COSTS OF

THE PROCEEDINGS, INCLUDING WITNESS FEES, AS IT SHALL DEEM JUST.

IF A PERSON SHALL SIGN ANY NOMINATION PETITIONS OR PAPERS FOR A

GREATER NUMBER OF CANDIDATES THAN HE IS PERMITTED UNDER THE

PROVISIONS OF THIS ACT, IF SAID SIGNATURES BEAR THE SAME DATE,

THEY SHALL, UPON OBJECTIONS FILED THERETO, NOT BE COUNTED ON ANY

PETITION OR PAPER AND IF THEY BEAR DIFFERENT DATES, THEY SHALL

BE COUNTED IN THE ORDER OF THEIR PRIORITY OF DATE, FOR ONLY SO

MANY PERSONS AS THERE ARE CANDIDATES TO BE NOMINATED OR ELECTED.

THE OFFICE OF THE PROTHONOTARY OF THE COMMONWEALTH COURT AND THE

OFFICE OF THE SECRETARY OF THE COMMONWEALTH AND THE VARIOUS

OFFICES OF PROTHONOTARY OF THE COURT OF COMMON PLEAS SHALL BE

OPEN BETWEEN THE HOURS OF EIGHT-THIRTY O'CLOCK A.M. AND FIVE

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O'CLOCK P.M. ON THE LAST DAY TO WITHDRAW AFTER FILING NOMINATION

PETITIONS AND ON THE LAST DAY TO FILE OBJECTIONS TO NOMINATION

PETITIONS.

(2) FOR THE GENERAL PRIMARY THAT OCCURS IN 2024, ALL

NOMINATION PETITIONS AND PAPERS RECEIVED AND FILED WITHIN THE

PERIODS LIMITED BY THIS ACT SHALL BE CONSIDERED TO BE VALID

UNLESS, WITHIN SIX (6) DAYS AFTER THE LAST DAY FOR FILING THE

NOMINATION PETITION OR PAPER, A PETITION IS PRESENTED TO THE

COURT SPECIFICALLY SETTING FORTH THE OBJECTIONS THERETO AND

PRAYING THAT THE PETITION OR PAPER BE SET ASIDE. A COPY OF THE

PETITION SHALL, WITHIN THE PERIOD, BE SERVED ON THE OFFICER OR

BOARD WITH WHOM SAID NOMINATION PETITION OR PAPER WAS FILED.

UPON THE PRESENTATION OF A PETITION, THE COURT SHALL MAKE AN

ORDER FIXING A TIME FOR HEARING WHICH SHALL NOT BE LATER THAN

TEN (10) DAYS AFTER THE LAST DAY FOR FILING SAID NOMINATION

PETITION OR PAPER AND SPECIFYING THE TIME AND MANNER OF NOTICE

THAT SHALL BE GIVEN TO THE CANDIDATE OR CANDIDATES NAMED IN THE

NOMINATION PETITION OR PAPER SOUGHT TO BE SET ASIDE. ON THE DAY

FIXED FOR THE HEARING, THE COURT SHALL PROCEED WITHOUT DELAY TO

HEAR SAID OBJECTIONS, AND SHALL GIVE THE HEARING PRECEDENCE OVER

OTHER BUSINESS BEFORE IT, AND SHALL FINALLY DETERMINE THE MATTER

NOT LATER THAN FIFTEEN (15) DAYS AFTER THE LAST DAY FOR FILING

THE NOMINATION PETITIONS OR PAPERS. IF THE COURT SHALL FIND THAT

THE NOMINATION PETITION OR PAPER IS DEFECTIVE UNDER THE

PROVISIONS OF SECTION 976.1 OR DOES NOT CONTAIN A SUFFICIENT

NUMBER OF GENUINE SIGNATURES OF ELECTORS ENTITLED TO SIGN THE

SAME UNDER THE PROVISIONS OF THIS ACT, OR WAS NOT FILED BY

PERSONS ENTITLED TO FILE THE SAME, IT SHALL BE SET ASIDE. IF THE

OBJECTIONS RELATE TO MATERIAL ERRORS OR DEFECTS APPARENT ON THE

FACE OF THE NOMINATION PETITION OR PAPER, THE COURT, AFTER

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HEARING, MAY, IN ITS DISCRETION, PERMIT AMENDMENTS WITHIN THE

TIME AND UPON THE TERMS AS TO PAYMENT OF COSTS, AS THE COURT MAY

SPECIFY. IF A PETITION IS DISMISSED, THE COURT SHALL MAKE AN

ORDER AS TO THE PAYMENT OF THE COSTS OF THE PROCEEDINGS,

INCLUDING WITNESS FEES, AS IT SHALL DEEM JUST. IF A PERSON SIGNS

ANY NOMINATION PETITIONS OR PAPERS FOR A GREATER NUMBER OF

CANDIDATES THAN HE IS PERMITTED UNDER THE PROVISIONS OF THIS

ACT, IF THE SIGNATURES BEAR THE SAME DATE, THEY SHALL, UPON

OBJECTIONS FILED THERETO, NOT BE COUNTED ON ANY PETITION OR

PAPER, AND IF THEY BEAR DIFFERENT DATES THEY SHALL BE COUNTED IN

THE ORDER OF THEIR PRIORITY OF DATE FOR ONLY SO MANY PERSONS AS

THERE ARE CANDIDATES TO BE NOMINATED OR ELECTED. THE OFFICE OF

THE PROTHONOTARY OF COMMONWEALTH COURT AND THE OFFICE OF THE

SECRETARY OF THE COMMONWEALTH AND THE VARIOUS OFFICES OF

PROTHONOTARY OF THE COURT OF COMMON PLEAS SHALL BE OPEN BETWEEN

THE HOURS OF EIGHT-THIRTY O'CLOCK A.M. AND FIVE O'CLOCK P.M. ON

THE LAST DAY TO WITHDRAW AFTER FILING NOMINATION PETITIONS AND

ON THE LAST DAY TO FILE OBJECTIONS TO NOMINATION PETITIONS.

SECTION 2. SECTION 1110-A OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

SECTION 1110-A. SUPPLIES; PREPARATION OF THE VOTING SYSTEM

AND OF POLLING PLACES.--* * *

(A.1) EACH COUNTY BOARD SHALL USE A CHAIN OF CUSTODY LOG TO

MAINTAIN AND DOCUMENT AN UNINTERRUPTED CHAIN OF CUSTODY FOR EACH

BALLOT CAST AND EACH BALLOT STORAGE CONTAINER, INCLUDING IN

PERSON, PROVISIONAL, MAIL-IN AND ABSENTEE BALLOTS. CHAIN OF

CUSTODY LOGS SHALL BE IN A FORM PRESCRIBED BY THE SECRETARY AND,

AT A MINIMUM, INCLUDE AN IDENTIFYING NUMBER OF EACH BALLOT

STORAGE CONTAINER AND THE NUMBER OF A TAMPER-EVIDENT SEAL

AFFIXED TO EACH BALLOT STORAGE CONTAINER. CHAIN OF CUSTODY LOGS

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SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AFTER THE

COMPUTATION AND CANVASSING OF RETURNS IS COMPLETED, SUBJECT TO

ANY REDACTIONS THE COUNTY BOARD DEEMS NECESSARY TO PROTECT THE

SAFETY AND PRIVATE INFORMATION OF INDIVIDUAL CUSTODIANS.

(A.2) THE SECRETARY SHALL ESTABLISH, AND ISSUE BY DIRECTIVE,

WRITTEN PROCEDURES TO ENSURE THE SECURITY, CONFIDENTIALITY AND

INTEGRITY OF BALLOTS, CAST VOTE RECORDS OR ANY OTHER DATA

COLLECTED, STORED OR OTHERWISE USED IN THE ELECTION.

(A.3) THE PROCEDURES UNDER SUBSECTIONS (A.2) AND (A.3) SHALL

BE PUBLISHED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

* * *

SECTION 3. SECTION 1117-A OF THE ACT IS AMENDED TO READ:

SECTION 1117-A. [STATISTICAL SAMPLE.--THE COUNTY BOARD OF

ELECTIONS, AS PART OF THE COMPUTATION AND CANVASS OF RETURNS,

SHALL CONDUCT A STATISTICAL RECOUNT OF A RANDOM SAMPLE OF

BALLOTS AFTER EACH ELECTION USING MANUAL, MECHANICAL OR

ELECTRONIC DEVICES OF A TYPE DIFFERENT THAN THOSE USED FOR THE

SPECIFIC ELECTION. THE SAMPLE SHALL INCLUDE AT LEAST TWO (2) PER

CENTUM OF THE VOTES CAST OR TWO THOUSAND (2,000) VOTES WHICHEVER

IS THE LESSER.] RISK-LIMITING AUDIT.--(A) THE DEPARTMENT OF

STATE, IN CONJUNCTION WITH THE COUNTY BOARDS OF ELECTIONS, SHALL

CONDUCT RISK-LIMITING AUDITS AFTER EACH PRIMARY, GENERAL AND

MUNICIPAL ELECTION TO BE COMPLETED PRIOR TO CERTIFICATION OF THE

CONTESTS CHOSEN BY THE SECRETARY OF THE COMMONWEALTH TO BE

SUBJECT TO A RISK-LIMITING AUDIT IN ACCORDANCE WITH THE

REQUIREMENTS OF THIS SECTION.

(B) THE AUDIT SHALL BE CONDUCTED AS FOLLOWS:

(1) THE SECRETARY OF THE COMMONWEALTH SHALL RANDOMLY

DETERMINE WHAT CONTESTS SHALL BE SUBJECT TO A RISK-LIMITING

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AUDIT.

(2) THE SECRETARY OF THE COMMONWEALTH SHALL PROVIDE NOTICE

OF THE TIME AND PLACE OF THE RANDOM SELECTION OF THE AUDIT UNITS

TO BE MANUALLY TALLIED AND OF THE TIMES AND PLACES OF THE

AUDITS.

(3) THE SECRETARY OF THE COMMONWEALTH SHALL MAKE AVAILABLE

TO THE PUBLIC A REPORT OF THE UNOFFICIAL RESULTS FOR THE CONTEST

PRIOR TO THE RANDOM SELECTION OF AUDIT UNITS TO BE MANUALLY

TALLIED AND PRIOR TO THE COMMENCEMENT OF THE AUDIT.

(4) THE COUNTY BOARD OF ELECTIONS SHALL CONDUCT THE AUDIT

UPON THE TABULATION OF THE UNOFFICIAL RETURNS.

(5) THE COUNTY BOARD OF ELECTIONS SHALL CONDUCT THE AUDIT IN

PUBLIC VIEW BY MANUALLY INTERPRETING THE BALLOTS ACCORDING TO

RULES ESTABLISHED BY THE SECRETARY.

MANUAL TALLY OF THE BALLOTS CAST USING THE VOTING SYSTEM, THE

VOTE COUNTS ACCORDING TO THAT MANUAL TALLY SHALL REPLACE THE

VOTE.

(D) THE RESULTS OF AUDITS CONDUCTED UNDER THIS SECTION SHALL

BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT OF STATE WITHIN

FORTY-EIGHT HOURS OF BEING ACCEPTED BY THE SECRETARY OF THE

COMMONWEALTH. IF THE AUDIT INVOLVED A MANUAL TALLY OF ONE OR

MORE ENTIRE PRECINCTS, THE NAMES AND NUMBERS OF ALL PRECINCTS

AUDITED AND A COMPARISON OF THE VOTE TABULATOR RESULTS WITH THE

HAND COUNTS FOR EACH PRECINCT SHALL BE PUBLISHED WITH THE AUDIT

RESULTS ON THE DEPARTMENT OF STATE'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(E) ANY AUDIT REQUIRED UNDER THIS SECTION SHALL NOT COMMENCE

FOR ANY ELECTION SUBJECT TO A RECOUNT UNTIL THE CONCLUSION OF

THE RECOUNT.

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(F) THE SECRETARY OF THE COMMONWEALTH SHALL PROMULGATE

RULES, REGULATIONS AND PROCEDURES AS NECESSARY TO IMPLEMENT THIS

SECTION.

(G) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL

HAVE THE FOLLOWING MEANINGS:

"AUDIT UNIT" MEANS A PRECINCT, A SET OF BALLOTS OR A SINGLE

BALLOT. A PRECINCT, A SET OF BALLOTS OR A SINGLE BALLOT MAY BE

USED AS AN AUDIT UNIT FOR PURPOSES OF THE SECTION ONLY IF ALL OF

THE FOLLOWING CONDITIONS ARE SATISFIED:

(1) THE RELEVANT VOTE-TABULATING DEVICE IS ABLE TO PRODUCE A

REPORT OF THE VOTES CAST IN THE PRECINCT, SET OF BALLOTS OR

SINGLE BALLOT; AND

(2) EACH BALLOT IS ASSIGNED TO NOT MORE THAN ONE AUDIT UNIT.

"CONTEST" MEANS AN ELECTION FOR AN OFFICE.

"RISK-LIMITING AUDIT" MEANS A MANUAL TALLY EMPLOYING A

STATISTICAL METHOD THAT ENSURES A LARGE, PREDETERMINED MINIMUM

CHANCE OF REQUIRING A FULL MANUAL TALLY WHEN A FULL MANUAL TALLY

WOULD SHOW AN ELECTORAL OUTCOME THAT DIFFERS FROM THE OUTCOME

REPORTED BY THE VOTE-TABULATING SYSTEM FOR THE AUDITED CONTEST.

A RISK-LIMITING AUDIT SHALL BEGIN WITH A HAND TALLY OF THE VOTES

IN ONE OR MORE AUDIT UNITS AND SHALL CONTINUE TO HAND TALLY

VOTES IN ADDITIONAL AUDIT UNITS UNTIL THERE IS STRONG

STATISTICAL EVIDENCE THAT THE ELECTORAL OUTCOME IS CORRECT. IN

THE EVENT THAT COUNTING ADDITIONAL AUDIT UNITS DOES NOT PROVIDE

STRONG STATISTICAL EVIDENCE THAT THE ELECTORAL OUTCOME IS

CORRECT, THE AUDIT SHALL CONTINUE UNTIL THERE HAS BEEN A FULL

MANUAL TALLY TO DETERMINE THE CORRECT ELECTORAL OUTCOME OF THE

AUDITED CONTEST.

SECTION 4. SECTION 1210(A), (A.2), (A.4)(4) AND (5)(II)(D)

(A.4)(5)(II)(D), (E) AND (F) OF THE ACT ARE AMENDED, SUBSECTION

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(A.4) IS AMENDED BY ADDING CLAUSES AND THE SECTION IS AMENDED BY

ADDING A SUBSECTION TO READ:

SECTION 1210. MANNER OF APPLYING TO VOTE; PERSONS ENTITLED

TO VOTE; VOTER'S CERTIFICATES; ENTRIES TO BE MADE IN DISTRICT

PRIMARY AND ELECTION EACH ELECTOR WHO APPEARS TO VOTE AND WHO

DESIRES TO VOTE SHALL FIRST PRESENT TO AN ELECTION OFFICER PROOF

OF IDENTIFICATION.

THE ELECTION OFFICER SHALL EXAMINE THE PROOF OF IDENTIFICATION

PRESENTED BY THE ELECTOR AND SIGN AN AFFIDAVIT STATING THAT THIS

HAS BEEN DONE.

(A.2) IF ANY OF THE FOLLOWING APPLY, THE ELECTOR SHALL BE

PERMITTED TO CAST A PROVISIONAL BALLOT IN ACCORDANCE WITH

SUBSECTION (A.4):

(1) THE ELECTOR IS UNABLE TO PRODUCE PROOF OF

IDENTIFICATION:

(I) ON THE GROUNDS THAT THE ELECTOR IS INDIGENT AND UNABLE

TO OBTAIN PROOF OF IDENTIFICATION WITHOUT THE PAYMENT OF A FEE;

(II) ON ANY OTHER GROUNDS.

(2) THE ELECTOR'S PROOF OF IDENTIFICATION IS CHALLENGED BY

THE JUDGE OF ELECTIONS.] AT EVERY PRIMARY AND ELECTION EACH

ELECTOR WHO APPEARS TO VOTE IN PERSON SHALL FIRST PRESENT PROOF

OF IDENTIFICATION TO AN ELECTION OFFICER. THE ELECTION OFFICER

SHALL EXAMINE THE PROOF OF IDENTIFICATION AND SIGN AN AFFIDAVIT

STATING THAT THIS HAS BEEN DONE.

(A.1) IF AN ELECTOR IS UNABLE TO PRODUCE PROOF OF

IDENTIFICATION, THE ELECTOR SHALL BE PERMITTED TO CAST A

PROVISIONAL BALLOT IN ACCORDANCE WITH SUBSECTION (A.4).

* * *

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