An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in provisions relating to the Secretary of the Commonwealth, further providing for powers and duties of the Secretary of the Commonwealth and for explanation of ballot question; and, in ballots, further providing for form of official election ballot.

PRINTER'S NO. 950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 909
Session of
2025
INTRODUCED BY B. MILLER, ROAE, HAMM, STAMBAUGH, PICKETT,
KAUFFMAN, JAMES, ZIMMERMAN AND BANTA, MARCH 13, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 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 provisions relating to the Secretary of the
Commonwealth, further providing for powers and duties of the
Secretary of the Commonwealth and for explanation of ballot
question; and, in ballots, further providing for form of
official election ballot.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding a subsection to read:
Section 201. Powers and Duties of the Secretary of the
Commonwealth.--The Secretary of the Commonwealth shall exercise
in the manner provided by this act all powers granted to him by
this act, and shall perform all the duties imposed upon him by
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this act, which shall include the following:
* * *
(c.1) To certify to county boards of elections the
information contained in fiscal notes received from the Office
of the Budget under section 201.1(b).
* * *
Section 2. Sections 201.1 and 1003(g) of the act are amended
to read:
Section 201.1. Explanation of Ballot Question.--(a)
Whenever a proposed constitutional amendment or other State-wide
ballot question shall be submitted to the electors of the
Commonwealth in referendum, the Attorney General shall prepare a
statement in plain English which indicates the purpose,
limitations and effects of the ballot question on the people of
the Commonwealth. The Secretary of the Commonwealth shall
include such statement in his publication of a proposed
constitutional amendment as required by Article XI of the
Constitution of Pennsylvania. The Secretary of the Commonwealth
shall certify such statement to the county boards of elections
who shall publish such statement as a part of the notice of
elections required by section 1201 or any other provision of
this act. The county board of elections shall also require that
at least three copies of such statement be posted in or about
the voting room outside the enclosed space with the specimen
ballots and other instructions and notices of penalties. In
election questions which affect only one county or portion
thereof, the county board of elections shall fulfill these
requirements in the place of the Attorney General and the
Secretary of the Commonwealth.
(b) (1) In addition to the requirements of subsection (a),
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whenever a Statewide ballot question is submitted to the
electors of the Commonwealth in referendum for the issuance of
debt, the Office of the Budget shall prepare a fiscal note in
plain English, which shall include a detailed description of the
project that may be funded by the debt, the total costs for the
project, the anticipated interest costs over the term of the
debt and any anticipated future costs for issuing the debt. The
fiscal note shall specify that the estimated costs of borrowing
are relevant within the period of time indicated by the Office
of the Budget. The Office of the Budget shall submit the fiscal
note to the Secretary of the Commonwealth, and the Secretary of
the Commonwealth shall certify the fiscal note to the county
boards of elections. A county board of elections shall post
notice of the fiscal note on the county board's publicly
accessible Internet website and publish the fiscal note as a
part of the notice of elections required under section 1201 or
any other provision of this act. A county board of elections
shall post at least three copies of the fiscal note in or about
the voting room outside the enclosed space with the specimen
ballots and other instructions and notices of penalties.
(2) In election questions for the issuance of debt that
affects only one county, city, borough, township, school
district or other political subdivision or incorporated district
contained in a county, the governing body of the local
government unit shall originate the fiscal note, which shall
include the description of the project that may be funded by the
debt, the total costs for the project, the anticipated interest
costs over the term of the debt and any anticipated future costs
for issuing the debt. The fiscal note shall specify that the
approximate costs of borrowing are relevant within the period of
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time indicated in the information of the governing body that
seeks to acquire the electorate-approved debt. The governing
body of the local government unit shall submit the ballot
question and fiscal note to the county board of elections and
the county board of elections shall post notice of the fiscal
note on the county board's publicly accessible Internet website
and publish the fiscal note as a part of the notice of elections
required under section 1201 or any other provision of this act.
The county board of elections shall post at least three copies
of the fiscal note in or about the voting room outside the
enclosed space with the specimen ballots and other instructions
and notices of penalties.
Section 1003. Form of Official Election Ballot.--
* * *
(g) The official ballots shall vary in form only as the
names of districts, offices, candidates or the provisions of
this act may require. When constitutional amendments or other
questions, including fiscal notes prepared by the Office of the
Budget or local government unit under section 201.1(b), are
submitted to a vote of the electors, each amendment or other
question, including fiscal notes, so submitted may be printed
upon the ballot below the groups of candidates for the various
offices, and, when required by law, shall be so printed.
Constitutional amendments so submitted shall be printed in brief
form, to be determined by the Secretary of the Commonwealth, and
other questions, including fiscal notes, so submitted shall be
printed in brief form, to be determined by the Secretary of the
Commonwealth in the case of questions to be voted on by the
electors of the State at large, and by the county boards in
other cases. To the right of each question there shall be placed
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the words "yes" and "no," together with appropriate squares to
the right of each for the convenient insertion of a cross mark.
Section 3. This act shall apply to elections occurring at
least 60 days after the effective date of this section.
Section 4. This act shall take effect in 60 days.
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