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PRIOR PRINTER'S NO. 1584 PRINTER'S NO. 1688
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1396
Session of
2025
INTRODUCED BY McCLINTON, VENKAT, INGLIS, KHAN, GREEN, KAZEEM,
WEBSTER AND WARREN, MAY 5, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 12, 2025
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 district election officers, further providing
for compensation of district election officers; in election
districts and polling places, providing for ballot drop
boxes; in electronic voting systems, further providing for
definitions and for supplies, preparation of the voting
system and of polling places, providing for pre-election
logic and accuracy testing, repealing provisions relating to
statistical sample and providing for post-election ballot
audit; providing for electronic poll books and for electronic
poll books and election infrastructure equipment bonds; 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
and for deadline for receipt of valid voter registration
application; providing for in-person early voting; in voting
by qualified absentee electors, further providing for date of
application for absentee ballot, for approval of application
for absentee ballot, for envelopes for official absentee
ballots and for voting by absentee electors; in voting by
qualified mail-in electors, further providing for
applications for official mail-in ballots, for date of
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application for mail-in ballot, for approval of application
for mail-in ballot, for envelopes for official mail-in
ballots and for voting by mail-in electors; in returns of
primaries and elections, further providing for computation of
returns by county board, certification and issuance of
certificates of election; in Election Integrity Grant
Program, further providing for funding for elections; 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; in penalties, further providing for
interference with primaries and elections, frauds and
conspiracy; making an appropriation; and making an editorial
change.
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in registration system, further providing for SURE
system; in voter registration, further providing for
qualifications to register, for methods of voter
registration, for application with driver's license
application and for government agencies and for approval of
registration applications; and, in changes in records,
repealing provisions relating to removal notices, to transfer
of registration and to change of enrollment of political
party and further providing for death of registrant.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(q.1) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
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:
* * *
(q.1) The word "pre-canvass" shall mean the inspection and
opening of all envelopes containing official absentee ballots or
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
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where the voter's intent is still clear. It 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 examination of unopened absentee or mail-in ballot
envelopes for processing, detecting voter errors or recording or
publishing of the votes reflected on the ballots.
* * *
(z.7) The words "ballot drop box" shall mean a secure
receptacle established by a county board of elections or county
election official by which a voted absentee ballot or mail-in
ballot may be deposited by hand by the qualified elector, or an
authorized third party.
(z.8) The words "photo identification" shall include an
electronic or digital representation of a photo identification
of an individual issued by a system maintained by the
Commonwealth or an agency, county, municipality, school district
or institution of higher education of this Commonwealth,
displayed on a smartphone or other electronic device.
Section 2. Section 412.2(a) and Article V heading of the act
are amended to read:
Section 412.2. Compensation of District Election Officers.--
(a) In all counties regardless of class, judges of election,
inspectors of election, clerks and machine operators shall be
paid compensation as fixed by the county board of elections for
each election, which amount shall be at least [$75 and not more
than $200] $175.
* * *
ARTICLE V
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Election Districts [and], Polling Places and Ballot Drop Boxes
Section 3. Article V of the act is amended by adding a
subarticle to read:
(b.1) Ballot Drop Boxes
Section 531.1. Ballot drop box locations to be selected by
county board of elections.
(a) County board duties.--
(1) The county board of elections shall select and fix
the ballot drop box locations within the county for each
election and may, after notifying the secretary and for
emergency purposes only, change the ballot drop box locations
within the county.
(2) The county board of elections shall inform the
secretary of the ballot drop box locations at least 65 days
prior to the primary election, municipal election or general
election.
(3) The county board of elections shall publicly
announce, not less than 55 days prior to any primary
election, municipal election or general election, by posting
at its office in a conspicuous place and prominently featured
on the county's publicly accessible Internet website, a list
of the ballot drop box locations within the county. The list
must include the address, dates and hours of operation of the
ballot drop boxes, ballot return deadline, contact
information for the county board of elections and
accessibility information. The list shall be available for
public inspection at an office of the county board of
elections.
(4) For a special election not being held during a
primary election, municipal election or general election :
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(i) the county board of elections shall inform the
secretary of the ballot drop box locations no later than
10 days after the date a writ of election is issued; and
(ii) the county board of elections shall publicly
announce, no later than 20 days after the date a writ of
election is issued by posting at its office in a
conspicuous place and prominently featured on the
county's publicly accessible Internet website, a list of
the ballot drop box locations within the county. The list
must include the address, dates and hours of operation of
the ballot drop boxes, ballot return deadline, contact
information for the county board of elections and
accessibility information. The list must be available for
public inspection at an office of the county board of
elections.
(5) If an additional ballot drop box is added, or a
ballot drop box is moved for an emergency, the county board
of elections must notify the secretary immediately and
simultaneously update the county's publicly accessible
Internet website with the new locations.
(6) A county board of elections shall immediately
forward to the correct county board of elections any out-of-
county absentee ballots and mail-in ballots deposited in the
county board of elections' ballot drop box. County boards of
election shall accept receipt of absentee ballots and mail-in
ballots from other county boards of election up until 8:00
p.m. on election day.
(b) Minimum ballot drop box requirement.--
(1) Each county must provide at least two ballot drop
boxes within the county for each primary election, special
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election, municipal election or general election. The ballot
drop boxes must be arrayed throughout the county. The county
board of elections may add additional ballot drop boxes.
Nothing in this section shall limit counties to only two
ballot drop boxes if the county board of elections deems
additional ballot drop boxes are appropriate.
(2) In addition to the ballot drop boxes required under
paragraph (1), the county board of elections in a county with
a population over 100,000 must provide additional ballot drop
boxes equal to at least one additional ballot drop box for
every 50,000 registered voters over 100,000 as determined on
the date of the November election of the preceding year.
(c) Prohibition.--A county or municipality may not prohibit
or inhibit the use of ballot drop boxes.
Section 531.2. Signage, hours of operation and security.
(a) Label.--Each ballot drop box must be labeled "Official
Ballot Drop Box" and must include the following:
(1) Specific points identifying the slot where ballots
are to be inserted. A ballot drop box may have more than one
ballot slot.
(2) Language stating counterfeiting, forging, tampering
with or destroying ballots is a second-degree misdemeanor
under sections 1816, 1817 and 1827.
(3) A statement that third-party return of a ballot is
prohibited unless the individual returning the ballot:
(i) is rendering assistance to a disabled voter or
an emergency absentee voter as authorized by law;
(ii) is a member of the same household as the voter;
(iii) is the voter's parent, grandparent or adult
child; or
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(iv) is a caregiver.
(4) A statement requesting that the designated county
elections official shall be notified immediately if the
ballot drop box is full, not functioning or is damaged,
including a telephone number and email address for the
designated county elections official.
(5) Signage that states "You are returning your
ballot to (name of county) County. If you are registered to
vote in another county, your ballot will be forwarded but
will not be considered timely received unless and until it's
received by your county of registration by 8:00 p.m. on
election day" or substantially similar language.
(b) Surveillance and security.-- Except for ballot drop boxes
provided under section 531.1(e), while WHILE available, the
ballot drop box shall be under video surveillance, securely
fastened to a stationary surface or an immovable object for the
duration of its deployment during an election. The ballot drop
box must be constructed to securely receive and hold the
absentee ballots and mail-in ballots and have a unique
identifying number. The ballot drop box shall be secured by a
lock and shall include a tamper-evident seal. Only the county
board of elections, a county election official or an individual
designated by the county board of elections shall have access to
the means to unfasten the lock.
(c) Duties of secretary.--The secretary shall develop
standards and issue appropriate directives for additional
security measures at ballot drop box locations.
(d) Access.--Ballot drop boxes must be made available for
use by voters at least 30 days before the next occurring primary
election, special election, municipal election or general
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election. At least one ballot drop box per county must be made
available 24 hours a day for use by voters.
Section 531.3. Removal of absentee ballots and mail-in ballots.
(a) Ballot removal.--Absentee and mail-in ballots must be
removed from each ballot drop box at least once every day by at
least two individuals. Both individuals must be a county
election official or an individual designated by the county
board of elections. Each individual removing ballots from any
ballot drop box shall carry proper identification.
(b) Collection and chain of custody requirement.--Conforming
with the requirements of this section and any other directives
of the secretary, each county board of elections shall utilize
ballot collection and chain of custody procedures. The
department shall create a paper or electronic form, entitled the
Ballot Drop Box Collection Form, to be used when retrieving
absentee ballots and mail-in ballots from the ballot drop boxes.
(c) Form required.--A Ballot Drop Box Collection Form must
be completed by the county election officials and individuals
designated by the county board of elections each time they
remove absentee ballots and mail-in ballots from a ballot drop
box and return absentee ballots and mail-in ballots to the
county board of elections in a secured transport container. A
Ballot Drop Box Collection Form must include the following
information:
(1) The ballot drop box location and the unique
identifying number of the ballot drop box.
(2) The date and time ballots were emptied from the
ballot drop box.
(3) The names of the individuals removing the ballots
from the ballot drop box and the name of the individual who
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secured and relocked the ballot drop box.
(4) The name of the county election official or designee
receiving the secured transport container.
(5) The date and time the county election official or
designee received the secured transport container.
(6) The number of ballots delivered in the secured
transport container.
(d) Transportation and security.--Absentee ballots and mail-
in ballots from ballot drop boxes must be returned to the county
board of elections in secured transport containers and
immediately taken to a secure location established by the county
board of elections to be held until ballots are pre-canvassed
under this act. A county election official or individual
designated by the county board of elections shall take control
of the secured transport container and inspect the container for
tampering. The county election official or individual designated
by the county board of elections receiving the ballots shall
complete the Ballot Drop Box Collection Form.
(e) Interference prohibited.--An individual may not
interfere with the emptying of ballot drop boxes. An individual
who interferes with the removal of ballots from a ballot drop
box or inhibits or prevents a voter or authorized agent from
lawfully depositing a ballot commits a criminal offense under
section 1849.
Section 3.1. Section 1101-A of the act is amended by adding
definitions to read:
Section 1101-A. Definitions.--As used in this article:
* * *
"Ballot set" means one of any number of ballot types each
used for a particular method of voting, including absentee
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ballot voting, mail-in ballot voting, voting in-person at a
polling place and voting by emergency paper ballot.
"Ballot style" means a ballot's particular array of election
contests and candidates specific to an election district. Each
ballot set shall comprise ballots with various ballot styles.
* * *
Section 3.2. Section 1110-A(d) and (e) of the act are
amended to read:
Section 1110-A. Supplies; Preparation of the Voting System
and of Polling Places.--* * *
[(d) On or before the fortieth day preceding any election,
the county board of elections shall mail to the chairman of the
county committee of each political party which shall be entitled
under existing laws to participate in primary elections within
the county, and to the chairman or presiding officer of any
organization of citizens within the county which has as its
purpose or among its purposes the investigation or prosecution
of election frauds and which has registered its name and address
and the names of its principal officers with the county board of
elections at least fifty days before the election, a written
notice stating the times when and the place or places where
preparation of the system and its components for use in the
several election districts in the county or municipality will be
started. One representative of each such political party,
certified by the respective chairman of the county committee of
such party, and one representative of each such organization of
citizens, certified by the respective chairman or presiding
officer of such organization shall be entitled to be present
during the preparation of the voting system and its components
and to see that they are properly prepared and are in proper
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condition and order for use. Such representatives shall not
interfere with the preparation of the system and its components,
and the county board may make reasonable rules and regulations
governing the conduct of such representatives.
(e) Prior to the delivery of any automatic tabulating
equipment to any election district the county board of elections
shall examine or cause to have examined such equipment and shall
make a certificate stating:
(1) the identifying number and election district designation
of the equipment;
(2) that the equipment is suitable for use in the particular
election district designated;
(3) that the equipment has been tested to ascertain that it
will accurately compute the votes cast for all offices and all
questions;
(4) that the offices and questions on the official ballot
correspond in all respects with the ballot labels assigned to
such particular election district;
(5) that the public counter and the counters for each
candidate position and each question are all set at zero and
that element that generates a printed record of the results of
the election is functioning correctly; and
(6) the number on the seal with which the equipment is
sealed.]
* * *
Section 3.3. The act is amended by adding a section to read:
Section 1110.1-A. Pre-Election Logic and Accuracy Testing.--
(a) Prior to an election in which an electronic voting system
is to be used, the county board of elections shall complete
logic and accuracy testing for the electronic voting system in
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accordance with this section to ensure that voting equipment
functions as expected and votes are accurately tabulated.
(b) Logic and accuracy testing shall be sufficient to
determine that:
(1) The electronic voting system is properly programmed.
(2) The election is correctly defined on the electronic
voting system.
(3) All of the input, output and communication devices for
the electronic voting system are working properly.
(c) (1) Except as provided in paragraph (2), logic and
accuracy testing shall be completed as soon as ballots are
available.
(2) If a proceeding is pending in a Federal or State court
that would affect the contents of a ballot, logic and accuracy
testing shall be completed no later than the eleventh day prior
to the election.
(d) During logic and accuracy testing, the county board of
elections shall:
(1) For each voting device that will or may be used in the
upcoming election:
(i) Generate a report that shows the contest order and
confirm that the contest order as reported matches the expected
contest order.
(ii) Mark, in all available languages using the touchscreen
and any other assistive device provided by the manufacturer, and
print ballots for each ballot style using a predetermined voting
pattern designed such that each contest, and each choice within
each contest, is given a unique number of votes.
(iii) Review the printed ballots to ensure that the ballots
were accurately printed and the votes contained on the printed
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ballot match the choices designated by the tester.
(iv) Scan the printed ballots to ensure that the ballots
will scan and generate the expected results.
(v) Shut down, lock and seal the voting device.
(vi) Execute a written statement specifying:
(A) The electronic voting devices tested.
(B) The results of the testing.
(C) The protective counter numbers, if applicable, of each
tabulation device.
(D) The number of the seal securing each tabulation device
at the conclusion of testing.
(E) Any problems reported to the county board of elections
as a result of the testing.
(F) The identifying number and election district designation
of the device.
(G) Whether each device tested is satisfactory or
unsatisfactory.
(2) For each piece of automatic tabulating equipment that
will or may be used in the upcoming election:
(i) Generate a report that shows the total number of votes
for all contests and candidates and confirm that the totals show
as zero for all contests and candidates.
(ii) Scan premarked ballots for each ballot style using a
predetermined voting pattern designed such that each contest,
and each choice within each contest, is given a unique number of
votes.
(iii) Generate a report that shows the vote totals for each
contest and candidate and compare the reported results to the
expected results to ensure that the automatic tabulating
equipment will generate the expected results.
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(iv) Reset all vote totals, shut down, lock and seal the
automated tabulating equipment.
(v) Execute a written statement specifying:
(A) The automatic tabulation equipment tested.
(B) The results of the testing.
(C) The protective counter numbers, if applicable, of each
tabulation device.
(D) The number of the seal securing each tabulation device
at the conclusion of testing.
(E) Any problems reported to the county board of elections
as a result of the testing.
(F) Whether each device tested is satisfactory or
unsatisfactory.
(e) The Secretary of the Commonwealth may:
(1) Prescribe additional requirements relating to logic and
accuracy testing as the Secretary of the Commonwealth deems
appropriate.
(2) Issue directives and instructions for the implementation
and administration of this section, but only if the directives
and instructions do not conflict with the requirements of this
section.
(f) No later than forty-eight hours prior to beginning logic
and accuracy testing, the county board of elections shall give
notice of the times and places in which the logic and accuracy
testing will be conducted as follows:
(1) The county board of elections shall mail the notice to:
(i) The chairperson of the county committee of each
political party that is entitled to participate in primary
elections within the county.
(ii) The chairperson or presiding officer of each
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organization within the county whose purpose includes the
investigation or prosecution of election frauds and that has
registered its name and address and the names of its principal
officers with the county board of elections by the first Monday
in February of the year.
(2) The county board of elections shall post the notice on
its publicly accessible Internet website.
(3) The county board of elections shall publish the notice
in accordance with section 106, with the notice to be published
once.
(g) The county board of elections shall allow in-person
observation of logic and accuracy testing in accordance with the
following procedures:
(1) One representative from each political party whose
chairperson is entitled to receive notice under subsection (f)
(1)(i) may observe the logic and accuracy testing, if the
representative is certified by the chairperson of the county
committee of the party.
(2) One representative of each organization entitled to
receive notice under subsection (f)(1)(ii) may observe the logic
and accuracy testing if the representative is certified by the
chairperson or presiding officer of the organization.
(3) A registered elector of the county who gives the county
board of elections at least twenty-four hours' notice may
observe the logic and accuracy testing.
(4) A representative or a registered elector who observes
the logic and accuracy testing may not interfere with the
testing.
(5) The county board of elections may make reasonable rules
and regulations governing the conduct of the representatives and
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registered electors during the logic and accuracy testing. The
rules and regulations must be published as part of the notice
required under subsection (f).
(h) No later than five days after completing logic and
accuracy testing, the county board of elections shall certify
compliance with the requirements of this section to the
Secretary of the Commonwealth in a manner and on a form as
prescribed by the Secretary of the Commonwealth. The Department
of State shall post each certification received by the Secretary
of the Commonwealth under this subsection to its publicly
accessible Internet website.
(i) If the county board of elections fails to comply with
this section or with any directive or instruction issued by the
Secretary of the Commonwealth under this section, the following
shall apply:
(1) Except as provided in paragraph (2), the failure shall
not constitute competent evidence in any administrative,
legislative or judicial proceeding, including any petition for
recount under section 1404(e), 1701, 1702 or 1703.
(2) Notwithstanding paragraph (1), the Secretary of the
Commonwealth may bring an action to enforce this section and may
introduce as evidence the failure of the county board of
elections to comply with this section or any directive or
instruction issued by the Secretary of the Commonwealth under
this section.
(3) The failure shall not be cause or justification for
delaying or refusing to perform any duty assigned under this
act, including the county board of elections' duty to receive,
canvass, compute or certify the returns of each election under
section 302(k).
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Section 4. Section 1117-A of the act is repealed:
[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.]
Section 5. The act is amended by adding a section to read:
Section 1117.1-A. Post-Election Ballot Audit.--(a) After
each regularly scheduled primary and general NOVEMBER election,
each county board of elections shall participate in a bipartisan
post-election ballot audit in accordance with the following:
(1) The audit shall include a review of a random sample of
paper ballots cast in one or more selected Statewide or county
contests.
(2) The audit shall be facilitated by the department.
(3) The audit shall include the contested race at the top of
the ballot and, if existing, an additional Statewide contest to
be randomly selected by the department. The following are not
eligible for selection:
(i) An uncontested race.
(ii) A race for which a full recount has been ordered.
(4) The department shall identify, approve and employ an
audit method that provides a high statistical confidence that
the election outcome in each audited Statewide OR COUNTY contest
is correct. All department-approved audit methods shall be
consistent with best practices in the field, including methods
approved by the National Academies of Sciences and the American
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Statistical Association.
(5) The department shall direct and oversee the process to
randomly select the ballots necessary to confirm the accuracy of
the election outcome for the Statewide races, based on the
statistical methods and on the margin between the winning and
the losing candidate or measure.
(6) As soon as practicable following the completion of the
audit, the department shall publish detailed audit data that
allows the public to verify the random sample, audit
calculations and audit results THE FINAL RESULT OF THE AUDIT ON
ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE. THE DEPARTMENT SHALL
ALSO, WITHIN ONE BUSINESS DAY OF SELECTING THE RANDOM SEED AND
LIST OF AUDITED CONTESTS, PUBLISH THE FOLLOWING on its publicly
accessible Internet website . :
(I) RANDOM SEED;
(II) LIST OF AUDITED CONTESTS;
(III) COUNTY BALLOT MANIFESTS; AND
(IV) CANDIDATE VOTE TOTALS BY BATCH SELECTED FOR THE POST-
ELECTION BALLOT AUDIT.
No data published may reveal the contents of any ballot.
(7) The department and each county WITH BALLOTS SELECTED IN
THE RANDOM SAMPLE shall provide public notice in accordance with
65 Pa.C.S. Ch. 7 (relating to open meetings) of the time and
place of the audit processes. The audit shall be conducted in
public view to permit observation and within feasible election
operations. The county board may establish reasonable
restrictions to prevent members of the public from interfering
with the audit process. A member of the public may not:
(i) Touch ballots or other official materials.
(ii) In any way impede the process.
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(8) The audit:
(i) Shall take into account all forms of validly cast
ballots, including in-person, absentee, mail-in and provisional
ballots.
(ii) May include hand-marked, ballot marking device-marked
and disability tool-marked ballots.
(9) Each official participating in the audit shall swear or
affirm that the participant will support, obey and defend the
Constitution of the United States and the Constitution of
Pennsylvania and that the participant will discharge the duties
of the audit with fidelity.
(10) Each official participating in the audit shall ensure
that each ballot examined during the audit is protected from
loss, substitution, alteration or addition.
(11) The department shall provide any necessary
instructions, software and other materials to the county boards
to carry out these audits.
(12) The secretary shall promulgate rules, regulations and
procedures as necessary to implement this section.
(13) The audit process and oversight, including ballot
review and reporting of votes, shall be conducted by teams of no
less than two officials and no greater than three officials
representing a partisan balance which shall include the two
principal political parties, and may include additional
unaffiliated voters. Each audit team member shall be appointed
by the county board of elections from a pool of competent
persons who are qualified registered electors of the county and
who meet the above criteria. Any audit team vacancy occurring at
any time preceding or on the day of the audit shall be filled by
appointment by the county board of elections according to the
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above criteria.
(b) The following shall apply:
(1) The post-election ballot audits must be completed during
the official canvass before a county board finalizes the
certification of official election returns before the third
Monday after the primary or general election.
(2) The secretary may extend the county certification
deadline if the extension:
(i) is necessary to complete the audit; and
(ii) does not impair other deadlines.
(3) If the results of the audit confirm to a high degree of
statistical confidence that the originally reported contest
outcome was correct, the contests shall be certified by the
county and the secretary.
(4) If the initial audit result fails to confirm to a high
degree of statistical confidence that the originally reported
contest outcome was correct, the following shall apply:
(i) Within forty-eight (48) hours, the secretary shall
direct relevant counties to commence appropriate action to
confirm or determine the outcome.
(ii) The action may include further investigation or
expanding the size and scope of the ballot sample, including, if
necessary, a full recount of all ballots cast for the audited
contest.
(5) If the official results of a full recount conclude a
different outcome than the originally reported results, the
winner determined by the full recount shall replace the
originally reported winner and the county and the secretary
shall certify the results as determined by the full recount.
(c) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department" shall mean the Department of State of the
Commonwealth.
"Paper ballot" shall mean the original of all forms of
validly cast and counted ballots, including qualified in-person,
absentee, mail-in and provisional ballots, and may include hand
marked, ballot marking device-marked and disability tool-marked
ballots.
"Post-election ballot audit" shall mean a post-election
process that involves MANUAL inspection of a random sample of
paper ballots IN THE SELECTED COUNTIES to verify votes cast in
one or more selected contests FOR AUDIT , as determined and
facilitated by the department. A POST-ELECTION AUDIT IS A
DISTINCT PROCESS FROM A RECOUNT.
"Secretary" shall mean the Secretary of the Commonwealth.
Section 6. The act is amended by adding articles to read:
ARTICLE XI-C
ELECTRONIC POLL BOOKS
Section 1101-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The county board of elections.
"Department." The Department of State of the Commonwealth.
"Electronic poll books." A secure and self-contained
electronic record system examined, approved and certified by the
secretary, constituting the voters' certificates, voting check
list, numbered lists of voters, district register and general
register for the county that:
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(1) has the ability to enable a poll worker to perform
by electronic means each of the same functions performed
using a paper district register during an election;
(2) receives and stores electronically the name,
address, date of birth, identifying municipality, particular
election district from which the voter is registered,
signature of voters and any other necessary voter
information;
(3) securely downloads and uploads voter information in
concert with the SURE system;
(4) contains information regarding whether a registered
voter already voted in the particular election, requested an
absentee or mail-in ballot or returned an absentee or mail-in
ballot;
(5) allows real-time transmission of information to and
from SURE and other electronic poll books regarding updates
to voter registration and voter history records.
(6) if used at a polling place on election day,
redirects an in-person voter to their correct polling place;
(7) provides an auditable record of the district
register for a particular election; and
(8) has any other capability or standard deemed
appropriate by the secretary.
"Secretary." The Secretary of the Commonwealth.
"SURE system." The Statewide Uniform Registry of Electors
established under 25 Pa.C.S. § 1222 (relating to SURE system).
Section 1102-C. Use.
(a) Standards.--Each board shall use electronic poll books
that meet the minimum standards published by the secretary under
section 1103-C in all early voting locations and precincts on
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election day for each primary and election held after December
31, 2026. Electronic poll books shall serve as the district
register and shall be used as all of the following in each
voting location allowed for by law in this Commonwealth:
(1) Voters' certificates.
(2) Voting check lists.
(3) Numbered lists of voters.
(4) District registers.
(5) For the management of district registers during
elections.
(6) Any other use deemed appropriate by the secretary.
(b) Poll book standards.--An electronic poll book may not be
used by a county board of elections unless it meets the
standards established and published by the secretary under
section 1103-C and is examined, approved and certified in
accordance with the secretary's directive. The secretary shall
have the authority to decertify and prohibit from use any
electronic poll book that at any point does not meet the
standards under this section or as set forth in the secretary's
directive.
Section 1103-C. Standards.
(a) General.--The secretary, in coordination with the Office
of Administration and Office of Information Technology, shall,
upon request by a commercial electronic poll book vendor or
county board of elections, examine commercially available
electronic poll books and, upon successful completion of the
examination, approve examined poll books for use. The secretary
shall issue a directive establishing requirements and
specifications which shall define the minimum standards
required, capabilities and security requirements of electronic
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poll books for certification by the secretary. The requirements
and specifications shall include compatibility with the SURE
system, screen size, technology documentation, user safety,
accessibility, durability, device and system security standards,
data encryption, audit log, data and power backup, signature
capture requirements, voter data fields and any other
requirements identified as necessary to meet the needs for each
voting location allowed by law in this Commonwealth. The
secretary, in issuing such directive, shall take appropriate
measures to protect against the disclosure of sensitive
information relating to security and infrastructure.
(b) Compatibility.--To have compatibility with the SURE
system, an electronic poll book must include the ability to
import the records of each registered voter in the election
district and county and update those records before election
day, to record edits to the records on election day, and to
export to the SURE system each of the election activity and
voter participation information that occurs each day and the
capability to generate a report of all election activity and
participation information for manual entry into the SURE system.
(c) Prohibited interest.--The secretary, the department
staff involved with implementation, maintenance or upkeep of the
SURE system or electronic poll books or any member of a board
may not hold a pecuniary interest in an electronic poll book
company, components of an electronic poll book or in the design,
manufacture or sale of an electronic poll book.
(d) Access to poll books.--The county board shall secure
each electronic poll book and prohibit third-party access not
authorized by the secretary. The secretary shall develop
standards and issue a directive for secure storage of electronic
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poll books during and at any time before or after an election.
Failure of a county board or election worker to comply with the
secretary's directive may result in a decertification or
decommissioning of the county's electronic poll books and fines
as prescribed by the secretary.
(e) Standards and requirements.--The secretary shall develop
standards and requirements for a board to ensure that a paper
version of the district register and all necessary documents,
including numbered list of voters, are available at a polling
place on election day and can be updated in the event of a
failure of or inability to use an electronic poll book.
Section 1104-C. Funding for acquisition.
(a) Declaration of policy.--The General Assembly finds and
declares that funding of the acquisition of electronic poll
books for the management of voter data for each polling place in
this Commonwealth is in the best interest of this Commonwealth.
(b) Appropriation.--The General Assembly appropriates
$2,000,000 from the General Fund to the department for the
examination and approval of commercially available electronic
poll books that shall be compatible with the SURE system and for
the development and implementation of a secure electronic poll
book network to be used by counties.
ARTICLE XI-D
ELECTRONIC POLL BOOKS AND
ELECTION INFRASTRUCTURE EQUIPMENT BONDS
Section 1101-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The County Electronic Poll Book and Election
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Infrastructure Equipment Reimbursement Account established under
section 1106-D.
"Authority." The Pennsylvania Economic Development Financing
Authority.
"Bond." Any type of revenue obligation, including a bond or
series of bonds, note, certificate or other instrument, issued
by the authority for the benefit of the department under this
article.
"Bond administrative expenses." Expenses incurred to
administer bonds as provided under the Financing Law, or as
necessary to ensure compliance with Federal or State law.
"Bond obligations." The principal of a bond and any premium
and interest payable on a bond, together with any amount owed
under a related credit agreement or a related resolution of the
authority authorizing a bond.
"Credit agreement." A loan agreement, a revolving credit
agreement, an agreement establishing a line of credit, a letter
of credit or another agreement that enhances the marketability,
security or creditworthiness of a bond.
"Department." The Department of State of the Commonwealth.
"Election infrastructure equipment." The following apply:
(1) Hardware or software, or both, that is used by a
county in running elections. The term includes, but is not
limited to:
(i) mail-ballot processing equipment, such as
envelope openers; and
(ii) information technology equipment, such as:
(A) broadband, Internet or cellular
infrastructure; or
(B) intrusion detection sensors, deployed to
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enhance the security of electronic voting systems,
electronic poll books and other election systems by
detecting and reporting hacking attempts and other
election security breaches.
(2) The term does not include electronic voting systems
or electronic poll books.
"Electronic poll book." The components of electronic poll
books as defined in section 1101-C.
"Electronic voting system." As defined in section 1101-A.
"Financing Law." The act of August 23, 1967 (P.L.251,
No.102), known as the Economic Development Financing Law.
Section 1102-D. Bond issuance.
(a) Declaration of policy.--The General Assembly finds and
declares that funding for electronic poll books and election
infrastructure equipment, including interest, through the
authority, is in the best interest of this Commonwealth.
(b) Authority.--Notwithstanding any other law, the following
shall apply:
(1) The department may be a project applicant under the
Financing Law and may apply to the authority for the funding
of electronic poll books and election infrastructure
equipment.
(2) The authority may issue bonds under the Financing
Law, consistent with this article, to finance a project or
projects consisting of funding the purchase, replacement or
lease of electronic poll books by the counties, the
reimbursement to the counties for their cost to purchase or
lease electronic poll books and for the purchase or lease of
election infrastructure equipment by the counties.
(3) Participation of an industrial and commercial
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development authority shall not be required to finance the
projects or to issue the bonds described under this article.
(c) Debt or liability.--
(1) Bonds issued under this article shall not be a debt
or liability of the Commonwealth and shall not create or
constitute an indebtedness, liability or obligation of the
Commonwealth.
(2) Bond obligations and bond administrative expenses
shall be payable solely from revenues or money pledged or
available for repayment as authorized under this article.
This paragraph shall include the proceeds of any issuance of
bonds.
(3) Each bond shall contain on the bond's face a
statement that:
(i) the authority is obligated to pay the principal
or interest on the bonds only from the revenues or money
pledged or available for repayment as authorized under
this article;
(ii) neither the Commonwealth nor a county is
obligated to pay the principal or interest; and
(iii) the full faith and credit of the Commonwealth
or any county is not pledged to the payment of the
principal of or the interest on the bonds.
Section 1103-D. Criteria for bond issuance.
(a) Application.--
(1) The department shall apply to the authority to issue
bonds to provide financing to the department to:
(i) reimburse each county for the county's cost to
purchase or lease electronic poll books;
(ii) fund a county's purchase or lease of electronic
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poll books; or
(iii) fund the purchase or lease of election
infrastructure equipment.
(2) The choice of the funding options under paragraph
(1)(i) or (ii) and the choice of type of electronic poll
books shall be at the discretion of the Secretary of the
Commonwealth.
(b) Issuance.--Bonds may be issued in one or more series,
and each series may finance reimbursement grants to one or more
counties.
(c) Terms.--
(1) The department, with the approval of the Office of
the Budget, shall specify in its application to the
authority:
(i) the maximum principal amount of the bonds for
each bond issue; and
(ii) the maximum term of the bonds consistent with
applicable law.
(2) The total principal amount for all bonds, not
including refunding bonds, issued under this article may not
exceed $60,000,000.
(3) The term of the bonds issued under this article may
not exceed 10 years from the respective date of original
issuance.
(d) Expiration.--For the purpose of this article, the
authorization to issue bonds, except for the authorization to
issue refunding bonds, shall expire December 31, 2027.
Section 1104-D. Issuance of bonds and sources of payments.
(a) Issuance.--The authority shall consider issuing the
bonds upon application by the department. Bonds issued under
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this article shall be subject to the provisions of the Financing
Law, unless otherwise specified under this article.
(b) Service agreement authorized.--The authority and the
department may enter into an agreement or service agreement to
effectuate this article, including an agreement to secure bonds
issued for the purposes under section 1102-D(b), pursuant to
which the department shall agree to pay the bond obligations and
bond administrative expenses to the authority in each fiscal
year that the bonds or refunding bonds are outstanding in
amounts sufficient to timely pay in full the bond obligations,
bond administrative expenses and any other financing costs due
on the bonds issued for the purposes under section 1102-D(b).
The department's payment of the bond obligations, bond
administrative expenses and other financing costs due on the
bonds as service charges under an agreement or service agreement
shall be subject to and dependent upon the appropriation of
funds by the General Assembly to the department for payment of
the service charges. The service agreement may be amended or
supplemented by the authority and the department in connection
with the issuance of any series of bonds or refunding bonds
authorized under this article.
Section 1105-D. Sale of bonds.
The authority shall offer the bonds for sale by means of a
public, competitive sale or by means of a negotiated sale based
on the authority's determination of which method will produce
the most benefit to counties and the Commonwealth.
Section 1106-D. Deposit of bond proceeds.
The net proceeds of bonds, other than refunding bonds,
exclusive of costs of issuance, reserves and any other financing
charges, shall be transferred by the authority to the State
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Treasurer for deposit into a restricted account established in
the State Treasury and held solely for the purposes under
section 1102-D(b) to be known as the County Electronic Poll Book
and Election Infrastructure Equipment Reimbursement Account. The
department shall pay out the bond proceeds to the counties from
the account in accordance with this article.
Section 1107-D. Payment of bond-related obligations.
For each fiscal year in which bond obligations and bond
administrative expenses will be due, the authority shall notify
the department of the amount of bond obligations and the
estimated amount of bond administrative expenses in sufficient
time, as determined by the department, to permit the department
to request an appropriation sufficient to pay bond obligations
and bond administrative expenses that will be due and payable in
the following fiscal year. The authority's calculation of the
amount of bond obligations and bond administrative expenses that
will be due shall be subject to verification by the department.
Section 1108-D. Commonwealth not to impair bond-related
obligations.
The Commonwealth pledges that it shall not do any of the
following:
(1) Limit or alter the rights and responsibilities of
the authority or the department under this article, including
the responsibility to:
(i) pay bond obligations and bond administrative
expenses; and
(ii) comply with any other instrument or agreement
pertaining to bonds.
(2) Alter or limit the service agreement under section
1104-D(b).
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(3) Impair the rights and remedies of the holders of
bonds, until each bond issued and the interest on the bond
are fully met and discharged.
Section 1109-D. Personal liability.
The members, directors, officers and employees of the
department and the authority shall not be personally liable as a
result of good faith exercise of the rights and responsibilities
granted under this article.
Section 1110-D. Annual report.
No later than March 1 of the year following the first full
year in which bonds have been issued under this article and for
each year thereafter in which bond obligations existed in the
prior year, the department shall submit an annual report to the
chair and minority chair of the Appropriations Committee of the
Senate, the chair and minority chair of the Appropriations
Committee of the House of Representatives, the chair and
minority chair of the State Government Committee of the Senate
and the chair and minority chair of the State Government
Committee of the House of Representatives and publish the report
on the department's publicly accessible Internet website
providing all data available on bonds issued or existing in the
prior year. The report shall include existing and anticipated
bond principal, interest and administrative costs, revenue,
repayments, refinancing, overall benefits to counties and any
other relevant data, facts and statistics that the department
believes necessary in the content of the report.
Section 1111-D. County electronic poll book and election
infrastructure expenses.
(a) Application.--
(1) A county may apply to the department to receive
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funding or reimbursement for:
(i) the purchase or lease of electronic poll books;
and
(ii) the purchase or lease of election
infrastructure equipment.
(2) Each county shall apply for funding on a form
containing information and documentation prescribed by the
department no later than July 1, 2026. The department may
allow a county to submit one or more applications.
(b) Documentation for prior purchase or lease.--If a county
seeks reimbursement of the county's cost to purchase or lease by
capital lease electronic poll books or election infrastructure
equipment that the county purchased or leased before the date
that the county submits its application to the department, the
county's application shall include documentation prescribed by
the department to substantiate the county's cost to purchase or
lease the electronic poll books or election infrastructure
equipment, including copies of fully executed electronic poll
book contracts, fully executed copies of election infrastructure
equipment contracts, invoices and proof of payment to the vendor
of the electronic poll book or election infrastructure
equipment.
(c) Documentation for subsequent purchase or lease.--If a
county seeks funding to purchase or lease electronic poll books
or election infrastructure equipment that the county will
purchase or lease after the date that the county submits its
application to the department, the county's application shall
include documentation prescribed by the department to
substantiate the county's estimate to purchase or lease the
electronic poll books or election infrastructure equipment,
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including copies of fully executed electronic poll book
contracts or election infrastructure equipment bids or price
quotes submitted to the county and other price estimates or cost
proposals.
(d) Review.--The department shall review each county's
application on a rolling basis and shall either approve or deny
each county's application within 90 days of the date the
application is received by the department. A county may
supplement or amend submitted applications during the 90-day
review period in consultation with the department.
(e) Approval for prior purchase or lease.--If the department
approves a county's application submitted under subsection (b),
the department and the county shall enter into a written grant
agreement through which the department shall reimburse the
county at the amount determined under subsection (g).
(f) Approval for subsequent purchase or lease.--If the
department approves a county's application submitted under
subsection (c), the department and the county shall enter into a
written grant agreement through which the department shall
provide funding to the county to purchase or lease electronic
poll books or election infrastructure equipment at the amount
determined under subsection (g). The county shall hold the grant
money in an account of the county that is separate from each
other county account. The county shall deliver quarterly reports
to the department of the electronic poll book costs or election
infrastructure equipment costs paid from the grant money in a
form prescribed by the department. The county shall return any
unspent grant money to the department within 30 days of the
expiration of the grant agreement.
(g) Payments.--
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(1) A county shall only receive amounts under this
section to the extent that the department has bond proceeds
available in the account from which to make payments.
(2) Except as provided under paragraph (3), a county
which submitted an application approved under subsection (e)
or (f) may receive 100% of the total amount submitted under
subsection (b) or (c) which may be reimbursed or paid.
(3) If the total amount submitted by all counties under
paragraph (2) exceeds the total amount available for
reimbursement or payment, a county may receive a portion of
the amount available equal to the total amount submitted by
the county under subsection (b) or (c) which may be
reimbursed or paid, divided by the total amount submitted by
all counties under subsection (b) or (c) which may be
reimbursed or paid.
Section 7. Sections 1210(a.4)(2), (5)(i), (ii) and (7) and
(d) and 1231(b)(1), (3) and (4) of the act are amended to read:
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.4) * * *
(2) Prior to voting the provisional ballot, the elector
shall be required to sign an affidavit stating the following:
I do solemnly swear or affirm that my name is______________,
that my date of birth is __________,and at the time that I
registered I resided at __________ in the municipality of
_________________ in _____________ County of the Commonwealth of
Pennsylvania and that this is the only ballot that I cast in
this election.
Signature of Voter/Elector
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Current Address
Check the Reason for Casting the Provisional Ballot.
[Signed by Judge of Elections and minority inspector]
* * *
(5) (i) Except as provided in subclause (ii), if it is
determined that the individual was registered and entitled to
vote at the election district where the ballot was cast, the
county board of elections shall compare the signature on the
provisional ballot envelope with the signature on the elector's
registration form and, if the signatures are determined to be
genuine, shall count the ballot if the county board of elections
confirms that the individual did not cast any other ballot,
including an absentee ballot, in the election. Except as
provided in subclause (ii), i f it is determined that the
individual voting the provisional ballot was registered and
eligible to vote in the Commonwealth but not at the election
district where the ballot was cast, the county board of
elections shall compare the signature on the provisional ballot
envelope with the signature on the elector's registration form
and, if the signatures are determined to be genuine, shall open
the envelope and only count that portion of the ballot that the
individual would have been eligible to vote in his proper
election district.
(ii) A provisional ballot shall not be counted if:
(A) either the provisional ballot envelope under clause (3)
or the affidavit under clause (2) is not signed by the
individual;
(B) the signature required under clause (3) and the
signature required under clause (2) are either not genuine or
are not executed by the same individual;
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[(C) a provisional ballot envelope does not contain a
secrecy envelope;]
(D) in the case of a provisional ballot that was cast under
subsection (a.2)(1)(i), within six calendar days following the
election the elector fails to appear before the county board of
elections to execute an affirmation or the county board of
elections does not receive an electronic, facsimile or paper
copy of an affirmation affirming, under penalty of perjury, that
the elector is the same individual who personally appeared
before the district election board on the day of the election
and cast a provisional ballot and that the elector is indigent
and unable to obtain proof of identification without the payment
of a fee;
(E) in the case of a provisional ballot that was cast under
subsection (a.2)(1)(ii), within six calendar days following the
election, the elector fails to appear before the county board of
elections to present proof of identification and execute an
affirmation or the county board of elections does not receive an
electronic, facsimile or paper copy of the proof of
identification and an affirmation affirming, under penalty of
perjury, that the elector is the same individual who personally
appeared before the district election board on the day of the
election and cast a provisional ballot; or
(F) the elector's absentee ballot or mail-in ballot is
timely received by a county board of elections[.], unless the
board determines that the absentee ballot or mail-in ballot will
not be counted due to a reason unrelated to the elector's
eligibility to vote in the election.
* * *
[(7) The following shall apply:
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(i) Except as provided in subclause (ii), if it is
determined that the individual voting the provisional ballot was
eligible to vote in the county in which the ballot was cast but
not at the election district where the ballot was cast, the
county board of elections shall open the envelope and only count
that portion of the ballot that the individual would have been
eligible to vote in his proper election district and at the
election district where the vote was cast if:
(A) the county board of elections confirms that the
individual did not cast any other ballot, including an absentee
ballot, in the election; and
(B) the individual casting the provisional ballot is a
resident of the county in which the provisional ballot was cast.
(ii) In the event that the individual casting the
provisional ballot is not found to be a resident of the county
in which the provisional ballot was cast, the ballot shall not
be counted.
(iii) In the event that the board of elections determines,
based on an evidentiary record, that the individual
intentionally and wilfully cast a provisional ballot in an
election district in which the individual was not eligible to
vote, the ballot shall not be counted.]
* * *
(d) No person, except a qualified elector who is in actual
military or naval service under a requisition of the President
of the United States or by the authority of this Commonwealth,
and who votes under the provisions of Article XIII of this act,
shall be entitled or permitted to vote at any primary or
election at any polling place outside the election district in
which he resides, nor shall he be permitted to vote in the
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election district in which he resides, unless he has been
personally registered as an elector and his registration card
appears in the district register of such election district,
except by order of the court of common pleas as provided in this
act[, and any person, although personally registered as an
elector, may be challenged by any qualified elector, election
officer, overseer, or watcher at any primary or election as to
his identity, as to his continued residence in the election
district or as to any alleged violation of the provisions of
section 1210 of this act, and if challenged as to identity or
residence, he shall produce at least one qualified elector of
the election district as a witness, who shall make affidavit of
his identity or continued residence in the election district]:
Provided, however, That no person shall be entitled to vote as a
member of a party at any primary, unless he is registered and
enrolled as a member of such party upon the district register,
which enrollment shall be conclusive as to his party membership
and shall not be subject to challenge on the day of the primary.
* * *
Section 1231. Deadline for Receipt of Valid Voter
Registration Application.--* * *
(b) In the administration of voter registration, each
commission shall ensure that an applicant who is a qualified
elector is registered to vote in an election when the applicant
has met any of the following conditions:
(1) In the case of voter registration with a motor vehicle
driver's license application under 25 Pa.C.S. § 1323 (relating
to application with driver's license application), if the valid
voter registration application is received by the [appropriate
commission] Department of Transportation not later than fifteen
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days before the election.
* * *
(3) In the case of voter registration at a voter
registration agency under 25 Pa.C.S. § 1325 (relating to
government agencies), if the valid voter registration
application is received by the appropriate commission or the
Department of State not later than fifteen days before the
election.
(4) In any other case, if the valid voter registration
application of the applicant is received by the appropriate
commission or the Department of State not later than fifteen
days before the election.
* * *
Section 8. The act is amended by adding an article to read:
ARTICLE XII-A
IN-PERSON EARLY VOTING
Section 1201-A. Conduct.
(a) Authority.--Notwithstanding any law to the contrary,
each county board shall provide for a period of in-person early
voting as provided for under this article.
(b) Issuance of ballots and voting booths.--
(1) A registered elector may request to vote early in
person at any early voting location in the county of their
residence. The county board shall issue a ballot to the
registered elector or, in the case of an electronic voting
system under Article XI-A, permit the registered elector to
vote on the county voting system for in-person early voting.
Except as otherwise provided under this article, a registered
elector who appears for early voting must vote on the
premises designated by the county board for early voting.
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(2) On the dates for early voting prescribed under
section 1203-A, each county board shall provide ballots or
voting booths with electronic voting systems certified by the
secretary and other suitable equipment for voting on the
premises of the county board and at any other early voting
location established by the county board for the conduct of
early voting in accordance with this article. Each ballot
style must be available in each early voting location,
allowing any registered voter of the county to vote in any of
the early voting locations.
(3) In conducting early voting under this article, an
early voting election official shall verify:
(i) that the voter is a registered elector;
(ii) the election district in which the voter is
registered;
(iii) the proper ballot of the election district in
which the registered elector resides and is entitled to
vote before providing an early voting ballot to the
applicant, in accordance with section 1210; and
(iv) the applicant's registration from the most
recent district register provided by the county board. If
the applicant is not listed, the election official shall
contact the office of the county board.
(4) The election official shall maintain a list of all
voters who appeared to vote in person. At the end of each
early voting day, or at regular intervals during each early
voting day if practicable, the list of voters who appeared
and cast an early voting ballot shall be transmitted to the
county board and entered into the SURE system.
(c) Lists of early voters.--The county board shall maintain
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a list of each registered elector in each election district who
votes. The list must be maintained for each election district in
the county and updated daily. The county board shall deliver an
updated district register listing voters who have already voted
at each early voting location before the start of early voting
the following day. All electronic poll books shall be updated to
reflect the same.
(d) General register.--The county board shall indicate in
the general register, or any other system used to update voter
histories in real time, whether a voter has voted early in the
election. A voter who is listed in the general register as
having voted early shall not be permitted to vote by any other
method permitted by law, including at their polling place on any
primary or election day.
(e) Provisional ballot.--Notwithstanding any other provision
in this section, any voters who believe they have been
erroneously listed as having voted shall be permitted to vote a
provisional ballot in accordance with section 1210.
Section 1202-A. Early voting locations.
(a) Minimum location requirement.--A county board shall
establish at least one early voting locations for in-person
early voting in the county, which may be located at an office of
the county board.
(b) Minimum population requirement.--In addition to the
requirement under subsection (a), a county board shall establish
one early voting location for in-person early voting for every
100,000 voters registered in that county as of the date of the
prior election. At least one location shall be in the same
municipality as the county seat.
(c) Additional locations.--In addition to the requirements
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for early voting locations under subsections (a) and (b), a
county board may establish additional early voting locations for
in-person early voting.
(d) Location.--Early voting locations may be located in any
location eligible to be selected as a polling place under
Article V.
(e) Voting.--A registered elector entitled to early voting
may vote early at any early voting location established by the
county board in their county of residence.
(f) Factors.--For an early voting location established under
this section or section 1204-A and not located at an office of
the county board, the sites must be geographically located to
provide all voters in the county an equal opportunity to cast a
ballot, as much as practicable, and must provide sufficient
nonpermitted parking to accommodate the anticipated number of
voters arriving by vehicle. Although the selection of an early
voting site is a matter of discretion of the county board, the
county board shall consider the following factors:
(1) proximity to public transportation lines and
availability of parking;
(2) proximity to communities which will provide the
greatest opportunity for residents of rural areas to vote
during the early voting period;
(3) proximity to nursing homes, hospitals, long-term
care facilities, and public universities or community
colleges;
(4) travel time to the early voting location;
(5) commuter traffic patterns;
(6) geographic features that may affect an elector's
equitable access to early voting locations;
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(7) population density;
(8) use of existing voting locations that typically
serve a significant number of electors;
(9) use of public buildings that are known to electors
in the county, especially to the extent that using the
buildings results in cost savings compared to other potential
locations; and
(10) if private locations are considered or designated
as early voting locations, methods and standards to ensure
the security of voting conducted at the locations.
(g) Accessibility.--Early voting locations shall be
accessible to persons with disabilities.
(h) Prohibition.--An individual, if within an early voting
location or temporary early voting location, may not
electioneer or solicit votes for a political party, political
body or candidate. Written or printed material may not be posted
within the early voting location or temporary early voting
location, except as required under this act.
(i) Distance.--Except for a county designee, watcher, person
in the course of voting, including a person delivering an
absentee or mail-in ballot to a ballot drop box located in the
early voting location, person lawfully giving assistance to a
voter and peace and police officer, if permitted under this act,
an individual must remain at least 10 feet distant from the
early voting location or temporary early voting location during
the progress of the voting.
(j) Early voting location officials.--
(1) The county board shall designate a county employee
or, if a county employee is unavailable, appoint a duly
elected judge of elections from any election district in the
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county to serve as the presiding election officer in charge
at an early voting location.
(2) The county board shall also appoint as many
additional election officials and clerks as needed to
sufficiently staff and operate an early voting location.
(3) If appointing election officials at early voting
locations, the county board shall appoint individuals from
different political parties, including nonaffiliated voters.
(4) The duties of the election officials in carrying out
the procedures of voting at early voting locations shall
comply with the duties of district election officers under
this act.
(5) All individuals appointed to serve at early voting
locations must attend training provided by the county board
before they can serve at the early voting location.
(6) An election officer, elected or appointed in an
election district, may be appointed as an election official
or clerk in an early voting location, unless prohibited by
law.
(7) The secretary shall issue requirements and
qualifications for training and appropriate daily rates, as
permitted by law, for compensation at staff at early voting
locations.
(k) Watcher.--Each candidate and each party or political
body may appoint one watcher consistent with section 417 who
shall be present within the early voting location or temporary
early voting location from the time that county designees meet
prior to the opening of the early voting location or temporary
early voting location until the time that county designees
depart the early voting location or temporary early voting
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location. A watcher must be a qualified elector of the county in
which the watcher serves and must show their certificates if
requested to do so.
(l) Voters permitted to vote.--When the hour for closing the
early voting location arrives on each day of the early voting
period, all qualified electors who have already qualified, and
are inside the enclosed space, shall be permitted to vote.
Qualified electors who are in the early voting location outside
the enclosed space waiting to vote and voters who are in line
either inside or outside of the early voting location waiting to
vote, shall be permitted to vote.
Section 1203-A. Period for early voting.
(a) Commencement and ending.--The period for in-person early
voting shall begin on the 11th day preceding the date of an
election and extend through the Sunday before election day.
(b) Schedules.--Except as provided under subsection (c),
each early voting location must remain open beginning the 11th
day before an election for no less than 8 hours and no more than
12 hours a day between 6 a.m. and 8 p.m. as determined by the
county board of elections.
(c) Emergency closure.--Notwithstanding subsection (b), a
county board may close an early voting location if the building
in which the early voting location is located has been closed by
a State, county or local agency in response to a severe weather
emergency or other emergency. The county board shall notify the
Secretary of the Commonwealth of each closure and shall make
reasonable efforts to provide notice to the public of an
alternative early voting location under section 1204-A.
(d) Security of ballots and voting equipment.--The county
board shall ensure that each ballot, scanner and other voting
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equipment used during the early voting period are secured in
accordance with Article XI-A. The following shall apply:
(1) At the beginning of each day of early voting, the
early voting location officials shall examine every ballot
box, scanner and tabulator, if applicable, to ensure that
they remain locked and sealed. Upon completion of their
examination, the early voting location officials shall sign a
declaration attesting to the same on a form prescribed by the
Secretary of the Commonwealth.
(2) At the end of each day of early voting, the early
voting location officials shall examine every ballot box,
scanner and tabulator, if applicable, to ensure that they
remain locked and sealed. Upon completion of their
examination, the early voting location officials shall sign a
declaration attesting to the same on a form prescribed by the
Secretary of the Commonwealth.
(3) All voting equipment and materials shall be stored
in a secure and locked location and access to the locked
storage location shall be limited only to designated election
officials. A daily written record of persons who entered the
locked locations shall be kept and transmitted to the county
board at the end of the early voting period.
(4) At the conclusion of each day of early voting, the
ballot box containing paper ballots or voter verified paper
records shall be emptied and the paper ballots or voter
verified paper records shall be placed in a secure transit
container, locked and sealed with a tamper evident seal. The
ballots shall be transported by at least two election
officials from the early voting location or others designated
by the county board to the county board for secure storage
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until official canvass of votes.
(5) At the conclusion of the early voting period,
election officials shall follow the procedures for closing
the polls as provided for in this act. All voting materials,
paper ballots, voter verified paper records and all digital
storage devices shall be securely transmitted to the county
board for inclusion in the official tally of the election
returns. Provided, that no results of early voting shall be
disclosed until after the close of the polls on primary or
election day.
(6) The secretary shall issue directives or instructions
for secure chain of custody protocols for early voting
locations consistent with national best practices.
Section 1204-A. Designation of temporary early voting
locations.
(a) Temporary early voting locations.--In addition to early
voting locations established under section 1202-A, the county
board may establish temporary early voting locations for early
voting due to an emergency closure under section 1202-A or any
other reason. Temporary early voting locations may be located in
any location eligible to be selected as a polling place under
Article V.
(b) Applicability of schedule.--
(1) The schedules for the conduct of early voting under
section 1203-A(b) shall apply to temporary early voting
locations unless an exception is granted by the secretary.
(2) Early voting at temporary early voting locations may
be conducted on one or more days and during hours established
by the county board.
(3) The schedules for the conduct of early voting at a
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temporary early voting location shall not need to be uniform
among the temporary early voting locations.
(4) (i) Except as provided under subparagraph (ii), a
county board establishing or changing a temporary early
voting location shall publish the information required
under section 1206-A at least 10 days before early voting
begins.
(ii) If a temporary early voting location is
established or changed within 10 days of early voting
beginning or is established or changed after early voting
begins, the county board shall:
(A) publish the information required under
section 1206-A as soon as the county board determines
the temporary early voting location; and
(B) post the same on the county's publicly
accessible Internet website.
Section 1205-A. Public buildings.
(a) Early voting locations.--
(1) Upon request by a county board, the governing body
of a municipality shall make public buildings within the
county available as early voting locations without charge. A
request to use a public building shall include reasonably
necessary time before and after the period that early voting
will be conducted at the public building.
(2) A municipality making a public building available as
an early voting location shall ensure that any portion of the
building made available is accessible to voters with
disabilities and elderly voters.
(b) Notwithstanding any other provision of law, a school may
only be used as an in-person early voting location if voting can
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occur separately without access to other areas of the school or
school children and the location and access comply with the
general security procedures in force at the school.
Section 1206-A. Publication of early voting locations and
schedules.
(a) Notice.--No later than 30 days before an election, the
county board shall publish in a newspaper of general circulation
in the county a schedule stating:
(1) the location of each early voting location;
(2) the location of each temporary early voting
location; and
(3) the dates and hours that early voting will be
conducted at each early voting and temporary early voting
location.
(b) Posting requirements.--Each county board shall post a
copy of the schedule at an office or other location that is to
be used as an early voting or temporary early voting location.
The schedule must be posted continuously and updated for a
period beginning not later than the 10th day before the
commencement of early voting and ending on the last day of the
early voting period.
(c) Copies.--The county board must make copies of the
schedule available to the public in reasonable quantities
without charge during the period of posting.
(d) Electronic posting.--
(1) If the county board maintains a publicly accessible
Internet website, the county board shall make the schedule
available on the website no later than 30 days before the
election.
(2) A municipality within the county that maintains a
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publicly accessible Internet website shall also make the
schedule available on the website no later than 30 days
before the election.
(e) Prohibition and exception after schedule publication.--
(1) Additional early voting locations may not be
established after the schedule is published under this
section.
(2) Additional temporary early voting locations may be
established after the schedule is published if the temporary
early voting locations are open to each registered elector.
The locations, dates and hours of each additional temporary
early voting location shall be reported to the Secretary of
the Commonwealth and posted on the county board's, the
county's and any municipality located within the county's
publicly accessible Internet website.
Section 1207-A. List of early voting locations.
No later than 30 days before the commencement of early
voting, each county board shall provide the Secretary of the
Commonwealth with a list of each early voting location and the
hours each location will be open for early voting. The secretary
shall develop a tool on the department's publicly accessible
Internet website for voters to locate early voting location and
temporary early voting locations in their counties.
Section 1208-A. Results.
Results of early voting may not be made available to the
public other than through the tabulation process used for votes
cast on election day, after the closing of polls.
Section 1209-A. Directives of secretary.
(a) General rule.--The secretary shall issue a directive to
counties specifying in-person early voting polling procedures
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and best practices to ensure uniform implementation in every
county.
(b) Additional directives.--The secretary may issue
additional directives as necessary in order to facilitate the
administration of early voting and temporary early voting
locations.
Section 9. Sections 1302.1(a), 1302.2(c), 1304 and 1306 of
the act are amended to read:
Section 1302.1. Date of Application for Absentee Ballot.--
(a) Except as provided in subsection (a.3), applications for
absentee ballots shall be received in [the] an office of the
county board of elections not earlier than fifty (50) days
before the primary or election, except that if a county board of
elections determines that it would be appropriate to its
operational needs, any applications for absentee ballots
received more than fifty (50) days before the primary or
election may be processed before that time. Applications for
absentee ballots shall be processed if received not later than
five o'clock P.M. of the first Tuesday prior to the day of any
primary or election.
* * *
Section 1302.2. Approval of Application for Absentee
Ballot.--* * *
(c) The county board of elections, upon receipt of any
application of a qualified elector required to be registered
under the provisions of preceding section 1301, shall determine
the qualifications of such applicant by verifying the proof of
identification and comparing the information set forth on such
application with the information contained on the applicant's
permanent registration card. If the board is satisfied that the
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applicant is qualified to receive an official absentee ballot,
the application shall be marked "approved." Such approval
decision shall be final and binding, except that challenges may
be made only on the ground that the applicant was not a
qualified elector. Such challenges must be made to the county
board of elections prior to five o'clock p.m. on the Friday
prior to the election or prior to the pre-canvass of an
elector's absentee ballot, whichever is earlier: Provided,
however, That a challenge to an application for an absentee
ballot shall not be permitted on the grounds that the elector
used an application for an absentee ballot instead of an
application for a mail-in ballot or on the grounds that the
elector used an application for a mail-in ballot instead of an
application for an absentee ballot.
* * *
Section 1304. Envelopes for Official Absentee Ballots.--
(a) The county boards of election shall provide two
additional envelopes for each official absentee ballot of such
size and shape as shall be prescribed by the Secretary of the
Commonwealth, in order to permit the placing of one within the
other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall
be printed, stamped or endorsed the words "Official Election
Ballot," and nothing else. On the larger of the two envelopes,
to be enclosed within the mailing envelope, shall be printed,
stamped or endorsed to conform with election mail design
requirements from the United States Postal Service, a prepaid
reply mail option under subsection (b), the form of the
declaration of the elector, and the name and address of the
county board of election of the proper county. The larger
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envelope shall also contain information indicating the local
election district of the absentee voter. Said form of
declaration and envelope shall be as prescribed by the Secretary
of the Commonwealth and shall contain among other things a
statement of the electors qualifications, together with a
statement that such elector has not already voted in such
primary or election. The mailing envelope addressed to the
elector shall contain the two envelopes, the official absentee
ballot, lists of candidates, when authorized by section 1303
subsection (b) of this act, the uniform instructions in form and
substance as prescribed by the Secretary of the Commonwealth and
nothing else.
(b) The county board of election shall provide prepaid
postage for the larger of the two additional envelopes. The
county board of election shall utilize a United States Postal
Service prepaid reply mail option.
(c) The county board of election shall include on both the
mailing envelope and larger envelope uniquely serialized United
States Postal Service Intelligent Mail barcodes which shall
include a service type identifier or an equivalent successor
barcode or identifier that allows mail tracking of uniquely
serialized barcoded envelopes as specified by the Secretary of
the Commonwealth.
Section 1306. Voting by Absentee Electors.--(a) (1) Except
as provided in paragraphs (2) and (3), at any time after
receiving an official absentee ballot, but on or before eight
o'clock P.M. the day of the primary or election, the elector
shall, in secret, proceed to mark the ballot only in black lead
pencil, indelible pencil or blue, black or blue-black ink, in
fountain pen or ball point pen, and then fold the ballot,
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enclose and securely seal the same in the envelope on which is
printed, stamped or endorsed "Official Election Ballot." This
envelope shall then be placed in the second one, on which is
printed the form of declaration of the elector, and the address
of the elector's county board of election and the local election
district of the elector. The elector shall then [fill out, date
and] sign the declaration printed on such envelope. Such
envelope shall then be securely sealed and the elector shall
send same by mail, postage prepaid, except where franked, or
deliver it in person to [said] a county board of election[.] or
at a ballot drop box.
(2) Any elector, spouse of the elector or dependent of the
elector, qualified in accordance with the provisions of section
1301, subsections (e), (f), (g) and (h) to vote by absentee
ballot as herein provided, shall be required to include on the
form of declaration a supporting declaration in form prescribed
by the Secretary of the Commonwealth, to be signed by the head
of the department or chief of division or bureau in which the
elector is employed, setting forth the identity of the elector,
spouse of the elector or dependent of the elector.
(3) Any elector who has filed his application in accordance
with section 1302 subsection (e)(2), and is unable to sign his
declaration because of illness or physical disability, shall be
excused from signing upon making a declaration which shall be
witnessed by one adult person in substantially the following
form: I hereby declare that I am unable to sign my declaration
for voting my absentee ballot without assistance because I am
unable to write by reason of my illness or physical disability.
I have made or received assistance in making my mark in lieu of
my signature.
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.............................. .......................(Mark)
(Date)
.............................. .............................
(Complete Address of Witness) (Signature of Witness)
(b) (1) Any elector who receives and votes an absentee
ballot pursuant to section 1301 shall not be eligible to vote at
a polling place on election day. The district register at each
polling place shall clearly identify electors who have received
and voted absentee ballots as ineligible to vote at the polling
place, and district election officers shall not permit electors
who voted an absentee ballot to vote at the polling place.
(2) An elector who requests an absentee ballot and who is
not shown on the district register as having voted the ballot
may vote by provisional ballot under section 1210(a.4)(1).
(3) Notwithstanding paragraph (2), an elector who requests
an absentee ballot and who is not shown on the district register
as having voted the ballot may vote at the polling place if the
elector remits the ballot and the envelope containing the
declaration of the elector to the judge of elections to be
spoiled and the elector signs a statement subject to the
penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) in substantially the following
form:
I hereby declare that I am a qualified registered elector who
has obtained an absentee ballot or mail-in ballot. I further
declare that I have not cast my absentee ballot or mail-in
ballot, and that instead I remitted my absentee ballot or
mail-in ballot and the envelope containing the declaration of
the elector to the judge of elections at my polling place to
be spoiled and therefore request that my absentee ballot or
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mail-in ballot be voided.
(Date)
(Signature of Elector)................ (Address of Elector)
(Local Judge of Elections)
(c) Except as provided under 25 Pa.C.S. § 3511 (relating to
receipt of voted ballot), a completed absentee ballot must be
received in the office of the county board of elections no later
than eight o'clock P.M. on the day of the primary or election.
(d) (1) Nothing under this section shall be construed to
prohibit an individual from returning an absentee ballot for an
elector, if the individual is:
(i) rendering assistance to a disabled voter or an emergency
absentee voter as authorized by law;
(ii) returning the completed ballot of another member of the
individual's household;
(iii) returning the completed ballot of a family member; or
(iv) returning the completed ballot of an elector under the
individual's care.
(2) For the purposes of this paragraph, the term "family
member" means a parent, grandparent or adult child.
Section 10. Section 1308(a), (b) and (g)(1)(ii), (1.1), (2)
and (4)(ii) and (iii) of the act are amended and subsection (g)
is amended by adding a paragraph to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--(a) The county boards of election, upon
receipt of official absentee ballots in sealed official absentee
ballot envelopes as provided under this article and mail-in
ballots as in sealed official mail-in ballot envelopes as
provided under Article XIII-D, shall [safely keep the ballots in
sealed or locked containers until they are to be canvassed by
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the county board of elections. An absentee ballot, whether
issued to a civilian, military or other voter during the regular
or emergency application period, shall be canvassed in
accordance with subsection (g). A mail-in ballot shall be
canvassed in accordance with subsection (g).] mark the date of
receipt in the voter's record and shall examine the ballot
envelope containing the declaration of the elector to verify
completion of the declaration as required under sections 1306
and 1306-D. The following shall apply:
(1) If the declaration of the elector has been completed as
required under sections 1306 and 1306-D, the absentee and mail-
in ballots shall be safely kept until the ballots are to be pre-
canvassed or canvassed by the county board of elections. An
absentee ballot, notwithstanding if the absentee ballot is
issued to a civilian, military or other voter, shall be pre-
canvassed or canvassed in accordance with subsection (g). A
mail-in ballot shall be pre-canvassed in accordance with
subsection (g).
(2) If the declaration of the elector has not been signed as
required under sections 1306 and 1306-D, the county board of
elections shall enter into the voter's record in the voter
registration system that the absentee ballot or mail-in ballot
has a defect with the voter's declaration requiring correction
in order for the absentee ballot or mail-in ballot to be
counted. The following shall apply:
(i) Within twenty-four (24) hours of a finding under this
paragraph, the county board of elections shall notify the voter
by electronic or telephonic means of the error, if the voter's
email or phone number is included in the voter's record or
application and shall provide an Absentee Ballot and Mail-in
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Ballot Cure Form. The county board shall notify all such voters
by letter. The Secretary of the Commonwealth shall create a form
that is accessible by and can be completed through paper,
electronic and telephonic means. The form shall contain a
location for the voter to place the voter's Pennsylvania
driver's license or Department of Transportation identification
card number or last four digits of the voter's Social Security
number and instructions on how to return the form. Instead of
providing a driver's license, Department of Transportation
identification card number or the last four digits of the
voter's Social Security number, a voter may provide a legible
copy or photograph of a government-issued document, including an
official Federal, State, county or municipal document which
lists the voter's name, a student identification document issued
by an institution of higher education as defined in section
118(c) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, in this Commonwealth or a
utility bill, telephone bill, bank statement, government check,
paycheck or tax or rent receipt which lists the voter's name.
The cure shall include the following attestation in
substantially the following form:
I hereby declare that I am a qualified registered elector in
this election who requested and returned an absentee ballot
or mail-in ballot to (county) and that I have not and will
not vote more than one ballot in this election.
(Date)
(Signature of Elector)
(ii) The Absentee Ballot and Mail-in Ballot Cure Form and
instructions on how to return the form shall be made available
on the Department of State and each county board of election's
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publicly accessible Internet website.
(iii) If the voter completes and returns the Absentee Ballot
and Mail-in Ballot Cure Form before noon on the sixth day after
the election, the voter's ballot shall be counted as provided
under subsection (g)(4)(iii). If the voter fails to complete and
return the form before noon on the sixth day after the election,
the absentee ballot or mail-in ballot shall be set aside and
declared void. The voter may return the Absentee Ballot and
Mail-in Ballot Cure Form by email, fax, text message or other
form of electronic submission, mail or delivery in person to the
county board of elections.
(iv) The county board of elections shall provide the voter
with information on how to vote by provisional ballot on
election day instead of completing an Absentee Ballot and Mail-
In Ballot Cure Form.
(v) Within twenty-four (24) hours of a finding under
paragraph (2), counties shall compile a list of voters eligible
to cure defective ballots and must make the list available to
the public, including posting it to the counties' publicly
accessible Internet website.
[(b) Watchers shall be permitted to be present when the
envelopes containing official absentee ballots and mail-in
ballots are opened and when such ballots are counted and
recorded.]
* * *
(g) (1) * * *
(ii) An absentee ballot cast by any absentee elector as
defined in section 1301(i), (j), (k), (l), (m) and (n), an
absentee ballot under section [1302(a.3)] 1302.1(a.3) or a mail-
in ballot cast by a mail-in elector shall be canvassed in
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accordance with this subsection if the absentee ballot or mail-
in ballot is received in [the] an office of the county board of
elections or delivered to a ballot drop box no later than eight
o'clock P.M. on the day of the primary or election.
(1.1) The county board of elections shall meet no earlier
than [seven] nine o'clock A.M. on the seventh day prior to
election day and no later than seven o'clock A.M. on election
day to pre-canvass all ballots received prior to the meeting.
The pre-canvass meeting may continue until eight o'clock P.M. on
election day. A county board of elections shall provide at least
forty-eight hours' notice of a pre-canvass meeting by publicly
posting a notice of a pre-canvass meeting on its publicly
accessible Internet website. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are pre-
canvassed. No person observing, attending or participating in a
pre-canvass meeting may disclose the results of any portion of
any pre-canvass meeting prior to the close of the polls.
(2) The county board of elections shall meet no earlier than
the close of polls on the day of the election and no later than
the [third] day following the election to begin canvassing
absentee ballots and mail-in ballots not included in the pre-
canvass meeting. The meeting under this paragraph shall continue
until all absentee ballots and mail-in ballots received prior to
the close of the polls have been canvassed. The county board of
elections shall not record or publish any votes reflected on the
ballots prior to the close of the polls. The canvass process
shall continue through the eighth day following the election for
valid military-overseas ballots timely received under 25 Pa.C.S.
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§ 3511 (relating to receipt of voted ballot). A county board of
elections shall provide at least forty-eight hours' notice of a
canvass meeting by publicly posting a notice on its publicly
accessible Internet website. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
which the absentee ballots and mail-in ballots are canvassed.
* * *
(4) All absentee ballots which have not been challenged
under section 1302.2(c) and all mail-in ballots which have not
been challenged under section 1302.2-D(a)(2) and that have been
verified under paragraph (3) shall be counted and included with
the returns of the applicable election district as follows:
* * *
(ii) [If] Notwithstanding sections 1306 and 1306-D, if any
of the envelopes on which are printed, stamped or endorsed the
words "Official Election Ballot" contain any text, mark or
symbol which reveals the identity of the elector, the elector's
political affiliation or the elector's candidate preference,
[the envelopes and the ballots contained therein shall be set
aside and declared void.] or the ballot is not sealed inside the
Official Election Ballot envelope, the presence of such text,
mark or symbol or the failure to seal the ballot in the Official
Election Ballot envelope shall not be a fatal defect to the
ballot. The county board of elections shall place the voted
absentee ballot or voted mail-in ballot into an Official
Election Ballot envelope in a manner as to maintain the secrecy
of the voted absentee ballot or voted mail-in ballot. The
Official Election Ballot envelope shall be sealed and shall be
pre-canvassed or canvassed in accordance with subparagraph
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(iii).
(iii) The county board shall then break the seals of such
envelopes, remove the ballots and count, compute and tally the
votes. If an absentee ballot or mail-in ballot is damaged or
defective so that the absentee ballot or mail-in ballot cannot
properly be counted by the automatic tabulating equipment, the
county board shall make and substitute a true duplicate copy for
the damaged absentee ballot or mail-in ballot. Each duplicate
absentee ballot or mail-in ballot shall be clearly labeled
"duplicate" and shall bear a serial number which shall be
recorded on the damaged or defective absentee ballot or mail-in
ballot.
* * *
(8) The Secretary of the Commonwealth shall develop an
electronic system through which qualified electors may track and
verify the status of the qualified elector's absentee or mail-in
ballot, including, but not limited to, the dates that the ballot
was mailed by the county board, received by the county board,
pre-canvassed and accepting for counting, pre-canvassed and in
need of cure or rejected for a flaw not subject to cure, along
with details of the defect or reason for rejection.
* * *
Section 11. Sections 1302-D(g), 1302.1-D(a) and 1302.2-D(a)
(3) of the act are amended to read:
Section 1302-D. Applications for official mail-in ballots.
* * *
(g) Permanent mail-in voting list.--
(1) [Any qualified registered elector may request to be
placed on a permanent mail-in ballot list file at any time
during the calendar year. A mail-in ballot application shall
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be mailed to every person otherwise eligible to receive a
mail-in ballot application by the first Monday in February
each year or within 48 hours of receipt of the request,
whichever is later, so long as the person does not lose the
person's voting rights by failure to vote as otherwise
required by this act. A mail-in ballot application mailed to
an elector under this section, which is completed and timely
returned by the elector, shall serve as an application for
any and all primary, general or special elections to be held
in the remainder of that calendar year and for all special
elections to be held before the third Monday in February of
the succeeding year.] Any qualified registered elector may
request to be placed on a permanent mail-in ballot list at
any time during the calendar year by submitting a mail-in
ballot application and checking a box on the application that
affirms their decision to permanently receive mail-in ballots
for future elections. If the application is approved, the
qualified registered elector shall be placed on the permanent
mail-in voting list and receive permanent mail-in voter
status under this section. A qualified registered elector who
has requested and been approved for permanent mail-in voter
status shall receive a mail-in ballot for all primary,
general or special elections until the elector revokes their
permanent mail-in voter status or ceases being a qualified
elector as provided in this act.
(2) The Secretary of the Commonwealth [may] shall
develop an electronic system through which all qualified
electors may apply for a mail-in ballot and request permanent
mail-in voter status under this section, provided the system
is able to capture a digitized or electronic signature of the
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applicant. A county board of elections shall treat an
application or request received through the electronic system
as if the application or request had been submitted on a
paper form or any other format used by the county.
(3) The transfer of a qualified registered elector on a
permanent mail-in voting list from one county to another
county shall only be permitted upon the request of the
qualified registered elector.
(4) By the first Monday in February each year, a notice
developed by the department shall be sent to every elector on
the permanent mail-in ballot list advising the elector that
they will receive a mail-in ballot for any primary, general
or special elections until the elector revokes their
permanent mail-in voter status or ceases being a qualified
elector.
Section 1302.1-D. Date of application for mail-in ballot.
(a) General rule.--Applications for mail-in ballots shall be
received in the office of the county board of elections not
earlier than 50 days before the primary or election, except that
if a county board of elections determines that it would be
appropriate to the county board of elections' operational needs,
any applications for mail-in ballots received more than 50 days
before the primary or election may be processed before that
time. [Applications] Except as provided in subsection (a.1),
applications for mail-in ballots shall be processed if received
not later than five o'clock P.M. [of the first Tuesday] on the
fourteenth day prior to the day of any primary or election.
* * *
Section 1302.2-D. Approval of application for mail-in ballot.
(a) Approval process.--The county board of elections, upon
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receipt of any application of a qualified elector under section
1301-D, shall determine the qualifications of the applicant by
verifying the proof of identification and comparing the
information provided on the application with the information
contained on the applicant's permanent registration card. The
following shall apply:
* * *
(3) Challenges must be made to the county board of
elections prior to five o'clock p.m. on the Friday prior to
the election or prior to the pre-canvass of an elector's
mail-in ballot, whichever is earlier: Provided, however, That
a challenge to an application for a mail-in ballot shall not
be permitted on the grounds that the elector used an
application for a mail-in ballot instead of an application
for an absentee ballot or on the grounds that the elector
used an application for an absentee ballot instead of an
application for a mail-in ballot.
* * *
Section 12. Sections 1304-D(a) and 1306-D(a) of the act are
amended and the sections are amended by adding subsections to
read:
Section 1304-D. Envelopes for official mail-in ballots.
(a) Additional envelopes.--The county boards of election
shall provide two additional envelopes for each official mail-in
ballot of a size and shape as shall be prescribed by the
Secretary of the Commonwealth, in order to permit the placing of
one within the other and both within the mailing envelope. On
the smaller of the two envelopes to be enclosed in the mailing
envelope shall be printed, stamped or endorsed the words
"Official Election Ballot," and nothing else. On the larger of
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the two envelopes, to be enclosed within the mailing envelope,
shall be printed, stamped or endorsed to conform with election
mail design requirements from the United States Postal Service,
a prepaid reply mail option pursuant to subsection (a.1), the
form of the declaration of the elector and the name and address
of the county board of election of the proper county. The larger
envelope shall also contain information indicating the local
election district of the mail-in voter.
(a.1) Prepaid postage.--The county board of elections shall
provide prepaid postage for the larger of the two additional
envelopes. The county board of elections shall utilize a United
States Postal Service prepaid reply mail option.
(a.2) Mail tracking.--The county board of elections shall
include on both the mailing envelope and larger envelope
uniquely serialized United States Postal Service Intelligent
Mail barcodes which shall include a service type identifier or
an equivalent successor barcode or identifier that the allows
mail tracking as specified by the Secretary of the Commonwealth.
* * *
Section 1306-D. Voting by mail-in electors.
(a) General rule.--At any time after receiving an official
mail-in ballot, but on or before eight o'clock P.M. the day of
the primary or election, the mail-in elector shall, in secret,
proceed to mark the ballot only in black lead pencil, indelible
pencil or blue, black or blue-black ink, in fountain pen or ball
point pen, and then fold the ballot, enclose and securely seal
the same in the envelope on which is printed, stamped or
endorsed "Official Election Ballot." This envelope shall then be
placed in the second one, on which is printed the form of
declaration of the elector, and the address of the elector's
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county board of election and the local election district of the
elector. The elector shall then [fill out, date and] sign the
declaration printed on such envelope. Such envelope shall then
be securely sealed and the elector shall send same by mail,
postage prepaid, except where franked, or deliver it in person
to said county board of election[.] or at a ballot drop box.
* * *
(d) Construction.--
(1) Nothing under this section shall be construed to
prohibit an individual from returning a mail-in ballot for an
elector, if the individual is:
(i) rendering assistance to a disabled voter as
authorized by law;
(ii) returning the completed ballot of another
member of the individual's household;
(iii) returning the completed ballot of a family
member; or
(iv) returning the completed ballot of an elector
under the individual's care.
(2) For the purposes of paragraph (1) (iii), the term
"family member" means a parent, grandparent or adult child.
Section 13. Sections 1404(f), 1602-A(j)(1), 1701(a), (a.1)
(2)(ii), (b), (d) and (e), 1702(a)(1) and (2)(ii)(B), (a.1),
(b.1) and (b.2), 1703(a)(1) and 1827 of the act are amended to
read:
Section 1404. Computation of Returns by County Board;
Certification; Issuance of Certificates of Election.--
* * *
(f) As the returns from each election district are read,
computed and found to be correct or corrected as aforesaid, they
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shall be recorded on the blanks prepared for the purpose until
all the returns from the various election districts which are
entitled to be counted shall have been duly recorded, when they
shall be added together, announced and attested by the clerks
who made and computed the entries respectively and signed by the
members of the county board. Returns under this subsection shall
be considered unofficial for [five (5)] three (3) days. The
county board shall submit the unofficial returns to the
Secretary of the Commonwealth by five o'clock P. M. on the
Tuesday following the election. The submission shall be as
directed by the secretary for public office which appears on the
ballot in every election district in this Commonwealth or for a
ballot question which appears on the ballot in every election
district in this Commonwealth. At the expiration of [five (5)]
three (3) days after the completion of the computation of votes,
in case no petition for a recount or recanvass has been filed in
accordance with the provisions of this act, or upon the
completion of the recount or recanvass if a petition therefor
has been filed within [five (5)] three (3) days after the
completion of the computation of votes, the county board shall
certify the returns so computed in said county in the manner
required by this act, unless upon appeals taken from any
decision, the court of common pleas shall have directed any
returns to be revised, or unless in case of a recount, errors in
the said returns shall have been found, in which case said
returns shall be revised, corrected and certified accordingly.
The county board shall thereupon, in the case of elections,
issue certificates of election to the successful candidates for
all county, city, borough, township, ward, school district, poor
district and election offices, and local party offices to be
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filled by the votes of the electors of said county, or of any
part thereof.
* * *
Section 1602-A. Funding for elections.
* * *
(j) Grant agreement.--The grant agreement between the
department and the county under this section shall include the
following requirements for counties:
(1) The county shall begin pre-canvassing [at] no later
than 7 a.m. on election day and shall continue without
interruption until each mail-in ballot and absentee ballot
timely received [by 7 a.m. on election day] is [pre-
canvassed] canvassed.
* * *
Section 1701. Opening Ballot Boxes upon Petition of Electors
Alleging Fraud or Error; Deposit or Bond.--(a) Except as set
forth in subsection (a.1), the court of common pleas, or a judge
thereof, of the county in which any election district is located
in which ballots were used, shall open the ballot box of such
election district used at any general, municipal, special or
primary election held therein, and cause the entire vote thereof
to be correctly counted by persons designated by such court or
judge, if three qualified electors of the election district
shall file, as hereinafter provided, a petition duly verified by
them, alleging that upon information which they consider
reliable they believe that fraud or error, although not manifest
on the general return of votes made therefrom, was committed in
the computation of the votes cast for all offices or for any
particular office or offices in such election district, or in
the marking of the ballots, or otherwise in connection with such
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ballots. It shall [not] be necessary for the petitioners to
specify in their petition the particular act of fraud or error
which they believe to have been committed, [nor] and to offer
evidence to substantiate the allegations of their petition.
(a.1) In cases resulting from a recount or recanvass order
by the Secretary of the Commonwealth under section 1404(g), all
of the following apply:
* * *
(2) To obtain relief under clause (1):
* * *
(ii) It is [not] necessary for the petitioners to specify in
their petition the particular act of fraud or error which they
believe to have been committed [nor] and to offer evidence to
substantiate the allegations of their petition.
(b) Every petition for the opening of a ballot box under the
provisions of this section shall be filed in the office of the
prothonotary of the proper county, accompanied by a deposit of
cash in the amount of [fifty ($50.00)] eight hundred fifty
($850) dollars, or by a bond signed by the petitioners as
principals and by a corporate surety to be approved by the
court, in the amount of [one hundred ($100.00)] one thousand
five hundred ($1,500) dollars, conditioned upon the payment to
the county treasurer for the use of the county of the sum of
[fifty ($50.00)] eight hundred fifty ($850) dollars, in the
event that, upon the opening of the ballot box, it shall not
appear that fraud or substantial error was committed in the
computation of the votes cast on the ballots contained therein,
or fraud in the marking of the ballots contained therein, or
otherwise in connection with such ballots.
* * *
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(d) If, upon opening any such ballot box, it shall appear
that fraud or substantial error was committed in the computation
of the votes cast on the ballots contained therein, or fraud in
the marking of the ballots contained therein, or otherwise in
connection with such ballots, it shall be the duty of the court
to certify such fact to the prothonotary and thereupon the
prothonotary shall return to the petitioners the said sum of
[fifty ($50.00)] eight hundred fifty ($850) dollars, or if the
petitioners shall have filed a bond in lieu of cash, to mark
said bond cancelled and notify the petitioners that he has done
so.
(e) If, upon opening any ballot box under the provisions of
this section, it shall not appear that fraud or substantial
error was committed in the computation of the votes cast on the
ballots contained therein, or fraud in the marking of the
ballots contained therein, or otherwise in connection with such
ballots, the persons upon whose petition such ballot box shall
have been opened shall forfeit to the county the sum of [fifty
($50.00)] eight hundred fifty ($850) dollars. If said
petitioners shall have deposited the said sum in cash with the
prothonotary at the time of filing the petition, the
prothonotary, upon certification of the court that fraud or
substantial error was not discovered, shall pay said sum
deposited with him to the county treasurer; and if the
petitioners shall have filed with their petition a bond in the
sum of [one hundred ($100.00)] one thousand five hundred
($1,500) dollars, it shall be the duty of the county treasurer
forthwith to collect from the principals or surety on said bond,
the sum of [fifty ($50.00)] eight hundred fifty ($850) dollars,
and costs of suit, and for this purpose, he is hereby authorized
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to institute any necessary legal proceedings. When so collected,
the said sum of [fifty ($50.00)] eight hundred fifty ($850)
dollars shall be paid over to the county treasurer.
* * *
Section 1702. Recanvassing Voting Machines upon Petition of
Electors Alleging Fraud or Error.--(a) Judicial proceedings
shall be as follows:
(1) Except as set forth in clause (2), the court of common
pleas, or a judge thereof, of the county in which any election
district is located, shall make visible the registering counters
of the voting machine or machines used in such election district
at any primary or election, and without unlocking the machine
against voting, shall recanvass the vote cast therein, if three
qualified electors of the election district shall file a
petition, duly verified by them, alleging that, upon information
which they consider reliable, they believe that fraud or error,
although not manifest on the general return of votes made
therefrom, was committed in the canvassing of the votes cast on
such machine or machines. It shall [not] be necessary for the
petitioners to specify in their petition the particular act of
fraud or error they believe to have been committed, [nor] and to
offer evidence to substantiate the allegations of their
petition.
(2) In cases resulting from a recount or recanvass ordered
by the Secretary of the Commonwealth under section 1404(g), all
of the following apply:
* * *
(ii) To obtain relief under subclause (i):
* * *
(B) It is [not] necessary for the petitioners to specify in
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their petition the particular act of fraud or error they believe
to have been committed [nor] and to offer evidence to
substantiate the allegations of the petition.
(a.1) Every petition for the recanvassing of votes cast in
the voting machine, or voting machines of an election district,
under the provisions of this section, shall be filed in the
office of the prothonotary of the proper county accompanied by a
deposit of cash in the amount of [fifty ($50)] eight hundred
fifty ($850) dollars, or by a bond signed by the petitioners as
principals and by a corporate surety to be approved by the court
in the amount of [one hundred ($100)] one thousand five hundred
($1,500) dollars, conditioned upon the payment to the county
treasurer for the use of the county of the sum of [fifty ($50)]
eight hundred fifty ($850) dollars, in the event that upon the
recanvassing of the votes cast in a voting machine or voting
machines, it does not appear that fraud or substantial error was
committed in the canvassing of the votes cast on such machine or
otherwise in connection with such voting machines.
* * *
(b.1) If, upon the recanvassing of the votes in any voting
machine, it shall appear that fraud or substantial error was
committed in the computation of the votes cast on the voting
machine or otherwise in connection with such voting machine, it
shall be the duty of the court to certify such fact to the
prothonotary, and thereupon the prothonotary shall return to the
petitioners the said sum of [fifty ($50)] eight hundred fifty
($850) dollars, or if the petitioners shall have filed a bond,
in lieu of cash, to mark said bond cancelled and notify the
petitioners that he has done so.
(b.2) If, upon the recanvassing of the votes in any voting
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machine under the provisions of this section, it shall not
appear that fraud or substantial error was committed in the
computation of the votes cast in the voting machine or otherwise
in connection with such voting machine, the persons upon whose
petition such voting machine was recanvassed shall forfeit to
the county the sum of [fifty ($50)] eight hundred fifty ($850)
dollars. If said petitioners shall have deposited the said sum
in cash with the prothonotary at the time of filing the
petition, the prothonotary, upon certification of the court that
fraud or substantial error or otherwise in connection with such
machine was not discovered, shall pay said sum deposited with
him to the county treasurer, and if the petitioners shall have
filed with their petition a bond in the sum of [one hundred
($100)] one thousand five hundred ($1,500) dollars, it shall be
the duty of the county treasurer forthwith to collect from the
principals or surety on said bond the sum of [fifty ($50)] eight
hundred fifty ($850) dollars and costs of suit, and for this
purpose he is hereby authorized to institute any necessary legal
proceedings. When so collected, the said sum of [fifty ($50)]
eight hundred fifty ($850) dollars shall be paid over to the
county treasurer.
* * *
Section 1703. Correction of Returns; Decision Not to Be
Final; Evidence for Prosecution.--
(a) (1) Any petition to open a ballot box or to recanvass
the votes on a voting machine or an electronic voting system
pursuant to sections 1701 and 1702 shall be filed no later than
[five (5)] three (3) days after the completion of the
computational canvassing of all returns of the county by the
county board. If any error or fraud is found the court shall
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grant the interested parties an additional five (5) days to file
petitions requesting additional ballot boxes to be opened or
voting machines or electronic voting systems to be recanvassed.
(i) Except as set forth in subclause (ii):
(A) a recount or recanvass shall include all election
districts in which ballots were cast for the office in question;
and
(B) petitions, accompanied by the appropriate money or bond,
must be filed in each election district in accordance with this
act.
(ii) Subclause (i) shall not apply if a petitioner under
section 1701 or 1702 pleads that a particular act of fraud or
error occurred and offers prima facie evidence supporting the
allegation.
(iii) The county board shall have three (3) days to file a
response to any petition for recount filed with the court.
* * *
Section 1827. Interference with Primaries and Elections;
Frauds; Conspiracy.--If any person shall prevent or attempt to
prevent any election officers from holding any primary or
election, under the provisions of this act, or shall use or
threaten any violence to any such officer; or shall interrupt or
improperly interfere with him in the execution of his duty; or
shall block up or attempt to block up the avenue to the door of
any polling place; or shall use or practice any intimidation,
threats, force or violence with design to influence unduly or
overawe any elector, or to prevent him from voting or restrain
his freedom of choice; or shall prepare or present to any
election officer a fraudulent voter's certificate not signed in
the polling place by the elector whose certificate it purports
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to be; or shall deposit fraudulent ballots in the ballot box; or
shall register fraudulent votes upon any voting machine; or
shall tamper with any district register, voting check list,
numbered lists of voters, ballot box, ballot drop box or voting
machine; or shall conspire with others to commit any of the
offenses herein mentioned, or in any manner to prevent a free
and fair primary or election, he shall be guilty of a felony of
the third degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding fifteen thousand ($15,000)
dollars, or to undergo an imprisonment of not more than seven
(7) years, or both, in the discretion of the court.
Section 14. Section 1222(c) of Title 25 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
§ 1222. SURE system.
* * *
(c) Requirements.--The SURE system shall be developed as a
single, uniform integrated computer system. All commissions
shall be connected electronically to the SURE system and shall
maintain their registration records in the system. The SURE
system shall, at a minimum, do all of the following:
* * *
(22) Facilitate the use of electronic poll books.
(23) Contain a code to enable identification and
tracking of preregistration status.
(24) Automatically activate the registration of a
preregistrant no later than the 18th birthday of the
preregistrant.
* * *
Section 15. Section 1301(a) of Title 25 is amended and the
section is amended by adding a subsection to read:
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§ 1301. Qualifications to register.
(a) Eligibility.--An individual who will be at least 18
years of age on the day of the next election, who has been a
citizen of the United States for at least one month prior to the
next election and who has resided in this Commonwealth and the
election district where the individual offers to vote for at
least 30 days prior to the next ensuing election [and has not
been confined in a penal institution for a conviction of a
felony within the last five years] shall be eligible to register
as provided in this chapter.
(a.1) Preregistration.--Notwithstanding subsection (a),
every individual who is otherwise qualified to register and is
16 years of age or older may preregister and update the
individual's preregistered information by any means authorized
under this part for individuals 18 years of age or older. Upon
reaching 18 years of age, the individual is automatically
registered.
* * * (RESERVED).
Section 16. Sections 1323(a)(1), (c)(1), (2), (3), (3.1) and
(4) of Title 25 are amended, subsections (b) and (c) are amended
by adding introductory paragraphs and the section is amended by
adding a subsection to read:
§ 1323. Application with driver's license application.
* * *
(a) General rule.--
(1) The Department of Transportation shall provide for
simultaneous application for voter registration in
conjunction with the process under 75 Pa.C.S. § 1510
(relating to issuance and content of driver's license). An
application under this subsection shall serve as an
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application to register to vote unless the applicant [fails
to sign the voter registration application.] presents a
document for purposes of the driver's license application
demonstrating that the applicant is not a United States
Citizen, affirms that the applicant is not a United States
Citizen or declines to submit a voter registration
application under the process specified in this section. The
secretary has the primary responsibility for implementing and
enforcing the driver's license voter registration system
created under this section. The secretary, in consultation
with the Secretary of Transportation, may promulgate
regulations for implementing this section.
* * *
(b) Process.--Except as provided in subsection (c.1)(2):
* * *
(c) Transmission.--Except as provided in subsection (c.1)
(2):
(1) The Department of Transportation shall forward
completed applications or contents of the completed voter
registration applications in [machine-readable] an electronic
format to the department by the close of registration for the
ensuing election.
(2) The department shall transmit the material to the
appropriate commission [within ten days] on the next business
day after the date of its receipt by the Department of
Transportation. [If a voter registration application is
received by the Department of Transportation within five days
before the last day to register before an election, the
application shall be transmitted to the appropriate
commission not later than five days after the date of its
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receipt by the Department of Transportation.]
(3) Upon receipt of the completed voter registration
information from the department, the commission shall make a
record of the date of the receipt of the application and
process the application. [No applicant shall be deemed
eligible to vote until the commission has received and
approved the application.
(3.1) After the Department of Transportation is
connected to the SURE system and notwithstanding paragraphs
(1), (2) and (3), the Department of Transportation shall
transmit electronically the contents of a completed voter
registration application within five days of receipt of the
application. Upon receipt of the information from the
Department of Transportation, a commission shall make a
record of the date of the receipt of the application and
process the application in accordance with section 1328
(relating to approval of registration applications). If the
commission of the county of residence has not been connected
to the SURE system, the Department of Transportation shall
forward the completed application or contents of the
completed application to the department in accordance with
paragraph (1). No applicant shall be deemed eligible to vote
until the commission has received and approved an application
in accordance with section 1328.]
(4) [Changes of address shall comply with] If the
application submitted under subsection (a)(3) is for change
of address, the following shall apply: [THE FOLLOWING:] FOR A
CHANGE OF ADDRESS UNDER SUBSECTION (A)(3), IF THE CHANGE OF
ADDRESS IS FOR AN ELECTOR CURRENTLY REGISTERED IN THIS
COMMONWEALTH, THE FOLLOWING SHALL APPLY:
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(i) [Before the Department of Transportation is
connected to the SURE system, the Department of
Transportation shall notify the department of changes of
address received under subsection (a)(3). The department
shall notify the commission of the county of the
registrant's former residence. After the Department of
Transportation is connected to the SURE system, the
Department of Transportation shall notify the commission
of the county of the registrant's former residence.] If
the registrant has moved to an address outside this
Commonwealth, the [commission] department shall notify
the commission of the county of the registrant's former
residence, which shall verify the address change in
accordance with section 1901 (relating to removal of
electors). [Except as provided in subparagraph (ii), if
the registrant confirms in accordance with section
1901(d) that he has moved to another county, the
commission shall cancel the registration and forward the
registrant's registration information to the commission
of the registrant's new county of residence. Except as
provided in subparagraph (ii), if the registrant has
moved to an address within the commission's jurisdiction,
the commission shall promptly update the registration
record of the registrant in accordance with section 1328.
All changes of address received by the Department of
Transportation under this section at least 30 days before
an election must be processed by the commission for the
ensuing election. For the purpose of this paragraph, the
term "registration information" means the registration
card and any other record of registration maintained by a
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commission.
(ii) In the case of changes of address received by
the Department of Transportation which do not contain a
signature of the registrant, the commission receiving the
change of address notification shall mail a notice to the
registrant at the new residence address requesting
verification of the address change. If the change of
address is to a new residence outside the commission's
jurisdiction, the commission shall mail the following
notice:
Date.................
Office of the Registration Commission
.......... County, Pennsylvania
....... (Address and Telephone No. of County)
We have been notified by the Department of Transportation
that you recently changed your address
from ................. (old residence address)
to ............... (new residence address) and that this
change of address is to serve as a change of address for
voter registration purposes. Unless you notify this
office within ten days from the date of this notice that
this information is not correct, your voter registration
will be transferred to ........ County. You may notify
this office by writing your residence address, the date
and your signature on the bottom of this form and mailing
this notice to this office. You need not notify this
office if this information is correct.
............................
Chief Clerk
If the address change is within the commission's
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jurisdiction, the commission shall mail a voter's
identification card to the registrant at the new
residence address.
(iii) If the registrant does not return the notice
under subparagraph (ii) within the ten-day period, the
commission shall process the change of address according
to subparagraph (i). If the registrant notifies the
commission that the information is incorrect and the
commission is satisfied with the registrant's explanation
of the discrepancy, the address of the registrant's
registration shall remain unchanged. If the verification
notification or voter identification card is returned by
the post office as undeliverable as addressed or with a
forwarding address, the commission shall send a
confirmation notice to the registrant's address of former
residence in accordance with section 1901(d)(2).]
(ii) If the registrant has moved to another county
within this Commonwealth, the department shall notify the
commission of the county of the registrant's new
residence, which shall process the application in
accordance with section 1328(b)(5) (relating to ap proval
of registration applications) .
(iii) If the registrant has moved to a different
address in the same county, the department shall notify
the commission of the county of the registrant, which
shall update the registration record of the registrant in
accordance with section 1328.
* * *
(c.1) Individuals entitled to voter registration
application.--
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(1) The Department of Transportation shall transmit
voter registration information to the department under
paragraph (3) within five days of receipt of an application
if the applicant :
(I) presented a document as part of the driver's
license application demonstrating that the applicant is a
United States citizen . ; OR
(II) IS CURRENTLY REGISTERED TO VOTE IN THIS
COMMONWEALTH BASED ON INFORMATION FROM THE SURE SYSTEM
PROVIDED BY THE SECRETARY.
(2) The Department of Transportation may not provide an
application for voter registration as part of a driver's
license application under subsection (b) and may not transmit
voter registration information to the department under
subsection (c) or subsection (c.1) if the applicant:
(i) presents a document for purposes of the driver's
license application demonstrating that the applicant is
not a United States citizen at the time of the driver's
license application; or
(ii) makes an affirmation that the applicant is not
a United States citizen at the time of the driver's
license application, if the affirmation is required for
purposes of the driver's license application.
(3) The voter registration information transmitted under
paragraph (1) shall be determined and prescribed by the
secretary and the Secretary of Transportation. Upon receipt
of voter registration information for an applicant under
paragraph (1), a commission shall promptly process the
application or update the registration record of the
registrant in accordance with section 1328.
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* * *
Section 17. Section 1325(a) introductory paragraph and (b)
(4) of Title 25 are amended to read:
§ 1325. Government agencies.
(a) General rule.--The secretary shall administer a system
whereby all offices in this Commonwealth that provide public
assistance, each county clerk of orphans' court, including each
marriage license bureau, all offices in this Commonwealth that
provide State-funded programs primarily engaged in providing
services to persons with disabilities [and], each institution
that is part of the State System of Higher Education, all armed
forces recruitment centers and additional offices as designated
by the secretary, do all of the following:
* * *
(b) Forms.--An agency designated in subsection (a) shall
provide a form for office visits or, if the agency provides
services to persons with disabilities, for home visits which
contains all of the following:
* * *
(4) The statement "In order to be qualified to register
to vote, you must be at least 18 years of age on the day of
the next election, you must have been a citizen of the United
States for at least one month prior to the next election and
have resided in Pennsylvania and the election district where
you plan to vote for at least 30 days prior to the next
election[, and you must not have been confined in a penal
institution for a conviction of a felony within the last five
years]."
* * *
Section 18. Section 1328(b)(4), (5), (6) and (7), (c)(1)
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introductory paragraph and (2) and (d) of Title 25 are amended
and subsections (b) and (c) are amended by adding paragraphs to
read:
§ 1328. Approval of registration applications.
* * *
(b) Decision.--A commission shall do one of the following:
* * *
(4) [Process a voter registration application in
accordance with subsection (c) and update its registration
records] Promptly update the applicant's existing
registration record if the commission finds during its
examination under subsection (a) all of the following:
(i) The application requests [registration] any
change of information on the applicant's registration
record other than a change under paragraph (7) or (8).
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(4.1) Take no further action if the commission finds
during its examination under subsection (a) all of the
following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(iv) The information on the application exactly
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matches the information contained in the SURE system.
(5) [Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records] Transfer the registration record in
accordance with subsection (d) if the commission finds during
its examination under subsection (a) all of the following:
(i) The application requests registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(6) [Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests a transfer of
registration.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of another county.] (Reserved).
(7) Process a voter registration application in
accordance with subsection (c) and update its registration if
the commission finds during its examination under subsection
(a) all of the following:
(i) The application requests a change of address,
change of party or any other change affecting the voter's
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identification card other than a change of name.
(ii) The application contains the required
information indicating that the applicant is a qualified
elector of the county.
(iii) The applicant is currently a registered
elector of the county.
* * *
(9) Process a voter registration application in
accordance with subsection (c) if the commission finds during
its examination under subsection (a) all of the following:
(i) the application contains voter registration
information transmitted under section 1323(c.1)(1); and
(ii) the application contains the required
information indicating that the applicant is a qualified
elector of the county.
(10) Process a voter registration application in
accordance with subsection (c) and update its registration if
the commission finds during its examination under subsection
(a) the following:
(i) the application contains voter registration
information transmitted under section 1323(c.1)(1);
(ii) the applicant is currently a registered elector
of the Commonwealth; and
(iii) the application contains name or address
information that differs from the information contained
in the SURE system for the applicant.
(c) Processing of voter registration.--
(1) When a commission has [accepted] processed a voter
registration application under subsection (b)(3) or (9), the
commission shall assign each applicant a unique
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identification number in the SURE system. The commission
shall mail a wallet-sized voter's identification card to the
individual by first class nonforwardable mail, return postage
guaranteed, which shall serve as notice of the acceptance of
the application. The card shall contain all of the following:
* * *
(1.1) When a commission has processed a voter
application under subsection (b)(9), the commission shall, by
first class nonforwardable mail, return postage guaranteed,
mail to the applicant a wallet-sized voter's identification
card and a document that gives the applicant an opportunity
to:
(i) Decline voter registration.
(ii) Affiliate with a political party.
(2) When a commission has [accepted] processed a voter
registration application under subsection [(b)(4), (5), (6),
(7) or (8),](b)(7), (8) or (10) or has transferred a
registration record under subsection (d), the commission
shall mail a wallet-sized voter's identification card to the
individual by first class nonforwardable mail, return postage
guaranteed, which shall serve as notice of the acceptance of
the application. The card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) A space for the individual's signature or mark.
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(vii) The SURE registration number of the
individual.
(viii) A statement that the individual must notify
the commission within ten days from the date it was
mailed if any information on the card is incorrect;
otherwise, the information shall be deemed correct for
voter registration purposes.
* * *
(6) If an individual whose application was processed
under subsection (b)(9) declines voter registration under
subsection (c)(1.1)(i) within 21 days after the mailing of
the card or if the individual's voter registration
information transmitted under section 1323(c)(2) or (c.1)(1)
was incorrect due to an error by the Department of
Transportation, the commission shall cancel the individual's
voter registration information from the SURE system, notify
the individual by first class nonforwardable mail, return
postage guaranteed of the cancellation and deem the
individual to have never registered to vote or attempted to
register to vote. The department may direct commissions to
exclude certain applications containing voter registration
information transmitted under section 1323(c)(2) or (c.1)(1)
from the procedures in this section if an applicant is a
program participant under 23 Pa.C.S. § 6703 (relating to
Address Confidentiality Program).
(d) Transfer of registration records.--
(1) If, during application under section 1322 (relating
to i n-person voter registration) , 1323 (relating to
a pplication with driver's license application) , including a
change of address under section 1323(c)(4)(ii), 1324
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(relating to a pplication by mail) or 1325 (relating to
government agencies), an individual discloses that the
individual is a registered elector of another county or is
found to be registered in another county, the commission of
the individual's new county of residence shall transfer the
voter record from the commission of the individual's former
county of residence, process the application under subsection
(c)(2), and direct a [cancellation] notice of transfer to the
commission of the individual's former county of residence in
accordance with regulations promulgated under this part.
(2) [Upon receipt of a notice transmitted in accordance
with paragraph (1), the commission of the individual's former
county of residence shall investigate. If the commission
finds that the individual is a registered elector of the
county, the commission shall verify the address change with
the registered elector in accordance with this part. Upon
verifying that the registered elector has moved to another
county of residence, the commission shall cancel the
registered elector's registration, transfer a copy of the
canceled registration record to the commission of the
registered elector's new county of residence and retain a
record of the transfer. The commission of both counties shall
promptly update information contained in their registration
records.] (Reserved).
* * *
Section 19. Sections 1501, 1502 and 1503 of Title 25 are
repealed:
[§ 1501. Removal notices.
(a) Form.--
(1) A commission shall make removal notices available to
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electors who are registered in the county.
(2) The notice shall be printed upon cards suitable for
mailing, addressed to the office of the commission. The
notice shall provide the following information:
(i) The address of present residence, including
municipality.
(ii) The address of last registration, including
municipality.
(iii) Date of removal to present residence.
(iv) Signature.
(3) The notice shall contain a statement that the
registered elector may, by filling out properly and signing a
removal notice and returning it to the office of the
commission, secure the transfer of registration effective as
to elections at least 30 days after the date of removal into
the new district.
(4) The notice shall contain a warning to the registered
elector that the notice will not be accepted as an
application for transfer of the elector's registration unless
the signature thereon can be identified by the commission as
the elector's signature as it appears on file with the
commission.
(5) The notice shall contain a warning to the registered
elector that the notice must be received by the commission
not later than 30 days before an election. If mailed, the
notice must be postmarked not later than the deadline for
registration or, in the case of an illegible or missing
postmark, received within five days of the close of
registration.
(b) Use.--A registered elector who removes residence from
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one place to another within the same county must notify the
commission by filing a removal notice under subsection (a) or a
signed request for renewal that contains the information
required in subsection (a) with the commission not later than
the registration deadline before an election. If mailed, the
notice or request must be postmarked not later than the deadline
for registration or, in the case of an illegible or missing
postmark, received within five days of the close of
registration. The following apply:
(1) An official registration application of an elector
who has registered by mail qualifies as a removal notice.
(2) A registered elector who removes residence from one
place to another within the same county and who has not yet
filed a removal notice with the commission shall be permitted
to vote once at the elector's former polling place following
removal if, at the time of signing the voter's certificate,
the elector files with the judge of election a signed removal
notice properly filled out. Removal notices under this
paragraph shall be returned to the commission with the voting
check list, and the commission shall proceed to transfer the
registration of the elector under section 1502 (relating to
transfer of registration) and shall promptly update
information contained in its registration records. A
registered elector may vote in the election district of the
elector's former residence not more than one time following
the elector's removal.
(3) A registered elector who removes residence from one
county to another county and who is not registered to vote in
the new county of residence shall be permitted to vote in the
election district in the former county of residence if, at
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the time of signing the elector's certificate, the elector
files with the judge of election a signed affirmation
declaring the elector's new residence. A registered elector
may vote in the election district of the elector's former
residence not more than one time following the elector's
removal. Affirmations made under this paragraph shall be
returned to the commission of the elector's former county of
residence with the voting checklist, and that commission
shall proceed to transfer the registration of the elector
under section 1502. Upon receipt of the transfer notice, the
commission of the elector's new county of residence shall
immediately process the transfer of the elector in accordance
with section 1328 (relating to approval of registration
applications). Both commissions shall promptly update
information contained in their registration records.
§ 1502. Transfer of registration.
(a) General rule.--Upon timely receipt of notification of
removal under section 1501(b) (relating to removal notices), the
commission shall proceed as follows:
(1) The signature on the notification document shall be
compared with the signature of the registered elector as it
appears on file with the commission.
(2) If the signature appears authentic, the commission
shall enter the change of residence on the registered
elector's registration records.
(3) If a request for transfer which is determined to be
authentic under paragraph (2) shows a removal within the
period of 30 days preceding an election, the commission,
after such election, shall enter the change of residence on
the registered elector's registration record. The commission
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shall advise the registered elector promptly in writing of
its action.
(4) When a registered elector has filed with a
commission a notice that the elector has moved from the
county to another county, if the signature appears authentic
the commission shall enter the change of residence on the
elector's registration records, cancel the registration of
the elector and notify the commission of the elector's new
county of residence to register the elector. Upon receipt of
the transfer notice, the commission of the elector's new
county of residence shall immediately process the transfer of
the elector in accordance with section 1328 (relating to
approval of registration applications).
(5) If a request for transfer which is determined to be
authentic under paragraph (4) shows a removal within the
period of 30 days preceding an election, the commission,
after such election, shall enter the change of residence on
the elector's registration records, cancel the registration
of the elector and notify the commission of the elector's new
county of residence to register the elector. Upon receipt of
the transfer notice, the commission of the elector's new
county of residence shall immediately process the transfer of
the elector in accordance with section 1328.
(6) A commission shall promptly update information
contained in its registration records.
(b) Electors unable to write.--A registered elector who is
unable to sign the notification document may affix a mark to the
notification document. The mark must be affixed in the presence
of a witness who must sign the notification document.
§ 1503. Change of enrollment of political party.
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By the deadline for registration, a registered elector who
desires to change the enrollment of political designation or
who, although registered, has not previously enrolled as a
member of a party may appear before a commissioner, registrar or
clerk or may submit an application by mail under section 1324
(relating to application by mail) and state in a signed writing
the political party in which the registered elector desires to
be enrolled. If the signature of the elector is verified by
comparison with the registered elector's signature as it appears
on file with the commission, the commissioner, registrar or
clerk shall make the change in its registration records. If
supported by other evidence of identity, a mark may be made in
lieu of a signature by a registered elector who is unable to
write. The mark must be made in the presence of a witness who
must sign the registration application.]
Section 20. Section 1505(a) and (b) of Title 25 are amended
to read:
§ 1505. Death of registrant.
(a) Department of Health.--A commission shall cancel the
registration of a registered elector or the preregistration of a
preregistrant reported dead by the Department of Health. The
Department of Health shall, within 60 days of receiving notice
of the death of an individual [18] 16 years of age or older,
send the name and address of residence of that individual to a
commission in a manner and on a form prescribed by the
department. The commission shall promptly update information
contained in its registration records.
(b) Other sources.--A commission may also utilize
information obtained from the department through the
department's membership with the Electronic Registration
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Information Center or its successor, published newspaper
obituaries, letters testamentary or letters of administration
issued by the office of the registrar of wills to cancel and
remove the registration of an elector, provided that such
removals are uniform, nondiscriminatory and in compliance with
the Voting Rights Act of 1965 (Public Law 89-110, 42 U.S.C. §
1973 et seq.). The commission shall promptly update information
contained in its registration records.
* * *
Section 21. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The following amendments or additions to the act
of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code:
Article XI-C.
Article XI-D.
(ii) The following amendments or additions to 25
Pa.C.S.:
Section 1222(c)(22).
(iii) This section.
(2) The following provisions shall take effect January
1, 2026, or immediately, whichever is later:
(i) The following amendments or additions to the
Pennsylvania Election Code:
Section 102(z.7).
Section 412.2(a).
Article V heading.
Subarticle (b.1) of Article V.
Section 1210(a.4)(2), (5)(i), (ii) and (7) and
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(d).
Section 1302.1(a).
Section 1302.2(c).
Section 1304.
Section 1306.
Section 1308(a), (b) and (g)(1)(ii), (1.1), (2),
(4)(ii) and (iii) and (8).
Section 1302-D(g).
Section 1302.1-D(a).
Section 1302.2-D(a)(3).
Section 1304-D(a), (a.1) and (a.2).
Section 1306-D(a) and (d).
Section 1602-A(j)(1).
(ii) The following amendments or additions to 25
Pa.C.S.:
Section 1222(c)(23) and (24).
Section 1301(a) and (a.1).
Section 1325(a) introductory paragraph and (b)
(4).
Section 1505(a) and (b).
(3) The remainder of this act shall take effect January
1, 2027.
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