PRINTER'S NO. 4473
No. 2884 Session of 2004
INTRODUCED BY JOSEPHS, MAHER, JAMES, DeWEESE, VEON, BEBKO-JONES,
MUNDY, CRUZ, FREEMAN, McCALL, COHEN, BISHOP, DONATUCCI,
FABRIZIO, MANDERINO, FRANKEL, MANN, GEORGE, McGEEHAN, WATERS,
STURLA, SURRA, PALLONE, SANTONI, ROEBUCK, WASHINGTON, WALKO,
WILLIAMS, LEACH AND CURRY, OCTOBER 5, 2004
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 5, 2004
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for functions of the Secretary
12 of the Commonwealth, for functions of county boards, for
13 postelection procedures, for election recounts, for returns,
14 registers and verification, for public inspection of returns,
15 for computation and certification, for judicial review, for
16 opening ballot boxes to determine fraud, for recanvassing to
17 determine fraud and for correction of returns.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
21 No.320), known as the Pennsylvania Election Code, amended
22 December 9, 2002 (P.L.1246, No.150), is amended to read:
23 Section 201. Powers and Duties of the Secretary of the
24 Commonwealth.--The Secretary of the Commonwealth shall exercise
1 in the manner provided by this act all powers granted to him by
2 this act, and shall perform all the duties imposed upon him by
3 this act, which shall include the following:
4 (a) To determine, in accordance with the provisions of this
5 act, the forms of nomination petitions and papers, expense
6 accounts and all other forms and records, the form of which he
7 is required to determine under the provisions of this act.
8 (b) To examine and reexamine voting machines, and to approve
9 or disapprove them for use in this State, in accordance with the
10 provisions of this act.
11 (c) To certify to county boards of elections for primaries
12 and elections the names of the candidates for President and
13 Vice-President of the United States, presidential electors,
14 United States senators, representatives in Congress and all
15 State offices, including senators, representatives, and judges
16 of all courts of record, and delegates and alternate delegates
17 to National Conventions, and members of State committees, and
18 the form and wording of constitutional amendments or other
19 questions to be submitted to the electors of the State at large.
20 (d) To receive and determine, as hereinafter provided, the
21 sufficiency of nomination petitions, certificates and papers of
22 candidates for President of the United States, presidential
23 electors, United States senators, representatives in Congress
24 and all State offices, including senators, representatives and
25 judges of all courts of record, and delegates and alternate
26 delegates to National Conventions and members of State
27 committees.
28 (e) To receive such reports from county boards of elections
29 as are required by this act, and to demand such additional
30 reports on special matters as he may deem necessary.
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1 (e.1) To receive from county boards of elections information
2 on voting system errors or difficulties or other election data
3 pursuant to regulation.
4 (f) To receive from county boards of elections the returns
5 of primaries and elections, to canvass and compute the votes
6 cast for candidates and upon questions as required by the
7 provisions of this act; to proclaim the results of such
8 primaries and elections, and to issue certificates of election
9 to the successful candidates at such elections, except in cases
10 where that duty is imposed by law on another officer or board.
11 (f.1) To develop a voluntary professional certification and
12 poll worker training program for county election officials in
13 consultation with county boards of elections.
14 (f.2) To order a county board to conduct a recount of an
15 election under section 1404 for a public office for which a
16 candidate must file a nomination petition with the secretary.
17 (g) To perform such other duties as may be prescribed by
18 law.
19 (h) To establish a system for the remedy of complaints
20 regarding the administration of the provisions of Title III of
21 the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C.
22 § 15481 et seq.).
23 Section 2. Section 302 of the act, amended December 15, 1965
24 (P.L.1109, No.427), and February 13, 1998 (P.L.72, No.18), is
25 amended to read:
26 Section 302. Powers and Duties of County Boards.--The county
27 boards of elections, within their respective counties, shall
28 exercise, in the manner provided by this act, all powers granted
29 to them by this act, and shall perform all the duties imposed
30 upon them by this act, which shall include the following:
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1 (a) To investigate and report to the court of quarter
2 sessions their recommendations on all petitions presented to the
3 court by electors for the division, redivision, alteration,
4 change or consolidation of election districts, and to present to
5 the court petitions for the division, redivision, alteration,
6 change or consolidation of election districts in proper cases.
7 (b) To select and equip polling places.
8 (c) To purchase, preserve, store and maintain primary and
9 election equipment of all kinds, including voting booths, ballot
10 boxes and voting machines, and to procure ballots and all other
11 supplies for elections.
12 (d) To appoint their own employes, voting machine
13 custodians, and machine inspectors.
14 (e) To issue certificates of appointment to watchers at
15 primaries and elections.
16 (f) To make and issue such rules, regulations and
17 instructions, not inconsistent with law, as they may deem
18 necessary for the guidance of voting machine custodians,
19 elections officers and electors.
20 (g) To instruct election officers in their duties, calling
21 them together in meeting whenever deemed advisable, and to
22 inspect systematically and thoroughly the conduct of primaries
23 and elections in the several election districts of the county to
24 the end that primaries and elections may be honestly,
25 efficiently, and uniformly conducted.
26 (h) To prepare and publish, in the manner provided by this
27 act, all notices and advertisements in connection with the
28 conduct of primaries and elections, which may be required by
29 law.
30 (i) To investigate election frauds, irregularities and
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1 violations of this act, and to report all suspicious
2 circumstances to the district attorney.
3 (j) To receive and determine, as hereinafter provided, the
4 sufficiency of nomination petitions, certificates and papers of
5 candidates for county, city, borough, township, ward, school
6 district, poor district, election offices, and local party
7 offices required by law or by party rules to be filed with the
8 board.
9 (k) To receive from district election officers the returns
10 of all primaries and elections, to canvass and compute the same,
11 and to certify, no later than the third Monday following the
12 primary or election, the results thereof to the Secretary of the
13 Commonwealth, as may be provided by law, and to such other
14 authorities as may be provided by law. The certification shall
15 include the number of votes received in each election district
16 by each candidate for the General Assembly.
17 (l) To publicly announce by posting at its office the
18 results of primaries and elections for county, city, borough,
19 township, ward, school district, poor district, election
20 offices, and party offices, if any[,]; to provide the results to
21 the Secretary of the Commonwealth; and to issue certificates of
22 election to the successful candidates for said offices.
23 (m) To prepare and submit, within twenty days after the last
24 day to register to vote in each primary, municipal and general
25 election, a report to the Secretary of the Commonwealth in the
26 form prescribed by him, which shall contain a statement of the
27 total number of electors registered in each election district,
28 together with a breakdown of registration by each political
29 party or other designation. Copies of said statement shall be
30 furnished, upon request, to the county chairman of each
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1 political party and political body. The Secretary of the
2 Commonwealth shall forthwith submit such information to the
3 Legislative Data Processing Center and shall publicly report the
4 total number of registered electors for each political party or
5 other designation in each county not later than five days prior
6 to the primary, municipal or general election.
7 (n) To annually prepare and submit to the county
8 commissioners or other appropriating authorities of the county
9 an estimate of the cost of primaries and elections and of the
10 expenses of the board for the ensuing fiscal year.
11 (o) To perform such other duties as may be prescribed by
12 law.
13 Section 3. Section 1113-A of the act is amended by adding a
14 subsection to read:
15 Section 1113-A. Post Election Procedures.--* * *
16 (j) Returns tabulated under this section shall be returned
17 to the county board by 2:00 a.m. on the day following the
18 election.
19 Section 4. Section 1118-A of the act, added July 11, 1980
20 (P.L.600, No.128), is amended to read:
21 Section 1118-A. Recounts.--[Should] In an election district
22 using an electronic voting system, should a recount of votes be
23 ordered as provided by law, the ballots shall be recounted in
24 accordance with [the provisions of Article XVII. Manual
25 mechanical or electronic methods may be used as determined by
26 the county board.] section 1401(e). If the recount is conducted
27 under Article XVII:
28 (1) If the election district uses an electronic voting
29 system utilizing paper ballots, section 1701 shall apply.
30 (2) If the election district uses any other type of
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1 electronic voting system, section 1702 shall apply.
2 Section 5. Section 1225 of the act, amended July 14, 1961
3 (P.L.644, No.332), is amended to read:
4 Section 1225. Signing and Disposition of Returns, District
5 Register and Voting Check List for Paper Ballots; Posting;
6 Return of Ballot Boxes.--(a) Immediately after the vote has
7 been counted in districts in which paper ballots are used, all
8 of the general returns shall be signed by the election officers
9 and clerks, and certified by the overseers, if any. If any
10 election officer, clerk or overseer shall refuse to sign or
11 certify the general returns, he shall write his reasons therefor
12 upon the general return sheets. One of said returns shall be
13 immediately posted for the information of the public outside the
14 polling place, and one shall be entrusted to the judge for
15 delivery to the county board with the package of unused ballots,
16 etc., in an envelope provided for that purpose. The election
17 officers shall then replace all the ballots cast, so counted and
18 canvassed, in the ballot boxes, including those declared void,
19 spoiled, and cancelled, together with one set of tally papers,
20 one numbered list of voters, sealed as aforesaid, and one oath
21 of each election officer, and lock and seal each ballot box so
22 that nothing can be inserted therein until it be opened again;
23 and the judge and minority inspector shall immediately deliver
24 the ballot boxes to the custody of the county board, and the
25 county board shall not compute any returns from any election
26 district until the ballot boxes therefor, as well as the package
27 of unused ballots, etc., aforesaid therefrom, are delivered, as
28 aforesaid. The election officers shall record the number of
29 votes cast for each person on an official specimen ballot, shall
30 sign the same and immediately post it outside the polling place
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1 for the information of the public.
2 (b) The minority inspector shall retain one complete set of
3 tally papers, and carefully preserve the same for a period of at
4 least one year. The remaining tally papers, affidavits of voters
5 and others, including oaths of election officers, and one
6 general return sheet shall be placed in separate envelopes, to
7 be provided for that purpose, and sealed as soon as the count is
8 finally completed. All of such envelopes and one numbered list
9 of voters, previously sealed as aforesaid, shall be entrusted to
10 the judge of election to be immediately delivered to the county
11 board. The judge of elections shall return envelopes, supplies
12 and returns to the county board by two o'clock A.M. on the day
13 following the election.
14 (c) Immediately upon completion of the count and tabulation
15 of the votes cast, the district register and the voting check
16 list shall be locked and sealed, and returned forthwith by the
17 judge of election to the custody of the proper registration
18 commission.
19 Section 6. Section 1228 of the act, amended February 2, 1966
20 (1965 P.L.1858, No.584), is amended to read:
21 Section 1228. Disposition of Returns for Voting Machines;
22 Posting; Return of District Register and Voting Check List.--(a)
23 The general return sheet, duplicate return sheets, and
24 statement, shall be printed to conform with the type of voting
25 machine used, and in form approved by the Secretary of the
26 Commonwealth. The designating number and letter, if any, on the
27 counter for each candidate, shall be printed thereon opposite
28 the candidate's name: Provided, however, That it shall not be
29 necessary to print the name or designating counter number or
30 letter of any candidate for any borough, township, ward, or
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1 election district office. Immediately after the vote has been
2 ascertained, the statement thereof shall be posted on the door
3 of the polling place. The minority inspector shall retain one of
4 said duplicate return sheets, one numbered list of voters,
5 sealed as aforesaid, and one set of oaths of election officers.
6 The other duplicate return sheet, numbered list of voters, oaths
7 of election officers, and affidavits of voters and others, shall
8 be sealed up and given to the judge of election, who shall
9 deliver them, together with the general return sheet and the
10 package of ballots deposited, written or affixed in or upon the
11 voting machine, to the county board. If the type of voting
12 machine is equipped with mechanism for printing paper proof
13 sheets, one of said proof sheets shall be posted on the door of
14 the polling place with the statement aforesaid; one shall be
15 retained by the minority inspector; one shall be placed in the
16 envelope and delivered with the general return sheet; and one
17 shall be sealed in the envelope with the duplicate return sheets
18 and delivered by the judge of election to the county board. The
19 printed proof sheet returned with the general return sheet, and
20 the printed proof sheet returned with the duplicate return
21 sheet, shall each be part of the return of the election. The
22 judge of elections shall return envelopes, supplies and returns
23 to the county board by two o'clock A.M. on the day following the
24 election.
25 (b) Immediately upon completion of the count and tabulation
26 of the vote cast, the district register and the voting check
27 list shall be locked and sealed, and returned forthwith by the
28 judge of election to the custody of the proper registration
29 commission. In cities of the first class, the registration
30 commission shall designate police stations at which it will
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1 accept such custody.
2 Section 7. Section 1402 of the act is amended to read:
3 Section 1402. Returns to Be Open to Public Inspection;
4 Exceptions.--(a) The general returns from the various districts
5 which have been returned unsealed shall be open to public
6 inspection at the office of the county board as soon as they are
7 received from the judges of election. None of the envelopes
8 sealed by election officers and entrusted to the judge of
9 election for delivery to the county board shall be opened by any
10 person, except by the order of the return board, or of the court
11 of common pleas.
12 (b) The county board shall submit returns received under
13 subsection (a) to the Department of State for each office for
14 which a candidate must file a nomination petition with the
15 Secretary of the Commonwealth by three o'clock A.M. on the day
16 following the election. The submission shall be by telephone,
17 facsimile or the World Wide Web site or by any other manner
18 required by the secretary.
19 Section 8. Section 1404(a), (e) and (f) of the act, amended
20 October 28, 1971 (P.L.493, No.112), are amended and the section
21 is amended by adding subsections to read:
22 Section 1404. Computation of Returns by County Board;
23 Certification; Issuance of Certificates of Election.--
24 (a) The county board shall, at nine o'clock A. M. on the
25 [third] second day following the primary or election, at its
26 office or at some other convenient public place at the county
27 seat, of which due notice shall have been given as provided by
28 section 1403, publicly commence the computation and canvassing
29 of the returns, and continue the same from day to day until
30 completed, in the manner hereinafter provided. For this purpose
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1 any county board may organize itself into sections, each of
2 which may simultaneously proceed with the computation and
3 canvassing of the returns from various districts of the county
4 in the manner provided by this section. Upon the completion of
5 such computation and canvassing, the board shall tabulate the
6 figures for the entire county and sign, announce and attest the
7 same, as required by this section.
8 * * *
9 (e) Provision for Recanvass of Vote.--[(1)] Whenever it
10 shall appear that there is a discrepancy in the returns of any
11 election district, or, upon petition of three voters of any
12 district, verified by affidavit, that an error, although not
13 apparent on the face of the returns, has been committed therein,
14 or of its own motion or under subsection (g), the county board
15 shall at any time prior to the completion of the computation of
16 all of the returns for the county, summon the election officers
17 of the district, and said officers, in the presence of said
18 board, shall [make a record of the number of the seal upon the
19 voting machine, and the number on the protective counter or
20 other device; shall make visible the registering counters of
21 such machine, and, without unlocking the machine against voting,
22 shall] conduct a recount or recanvass [the vote] of all ballots
23 cast [thereon]. Before making such recount or recanvass, the
24 said board shall give notice in writing to the proper custodian
25 of voting machines, and to each candidate, and to the county
26 chairman of each party or political body, affected by the
27 [canvass,] recount or recanvass; and each such candidate may be
28 present in person, or by attorney, and each of such parties, or
29 bodies, may send two representatives to be present at such
30 recount or recanvass.
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1 (1) In a county in which an election district uses voting
2 machines, all of the following apply:
3 (i) The county board shall:
4 (A) make a record of the number of the seal upon the voting
5 machine and the number on the protective counter or other
6 device;
7 (B) make visible the registering counters of such machine;
8 and
9 (C) without unlocking the machine against voting, recanvass
10 the vote cast on the machine.
11 (ii) If, upon such recanvass, it shall be found that the
12 original canvass of the returns has been correctly made from the
13 machine, and that the discrepancy still remains unaccounted for,
14 the said board, with the assistance of the custodian, in the
15 presence of the election officers and the authorized candidates
16 and representatives, shall unlock the voting and counting
17 mechanism of the machine, and shall proceed thoroughly to
18 examine and test the machine to determine and reveal the true
19 cause or causes, if any, of the discrepancy in returns from such
20 machine. Each counter shall be reset at zero (000) before it is
21 tested, after which it shall be operated at least one hundred
22 times. After the completion of such examination and test, the
23 custodian shall then and there prepare a statement, in writing,
24 giving in detail the result of the examination and test, and
25 such statement shall be witnessed by the persons present, and
26 shall be filed with the said board.
27 (iii) If, upon such recanvass, it shall appear that the
28 original canvass of the returns by the election officers was
29 incorrect, the said returns and all papers being prepared by the
30 said board shall be corrected accordingly: [(2)] Provided,
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1 however, That in the case of returns from any election district
2 wherein the election was held by the use of a voting machine
3 equipped with mechanism for printing paper proof sheets, said
4 proof sheets, if mutually consistent, shall be deemed to be the
5 primary evidence of the result of the election and to be prima
6 facie accurate, and there shall not be considered to be any
7 discrepancy or error in the returns from any such district, such
8 as to require a recanvass of the vote, if all available proof
9 sheets, from the voting machine used therein, identified to the
10 satisfaction of the return board and shown to its satisfaction
11 to have been produced from proper custody, shall be mutually
12 consistent, and, if the general and duplicate returns, or either
13 of them, from said district shall not correspond with said proof
14 sheets, they, and all other papers being prepared by said return
15 board, shall be corrected so as to correspond with the same, in
16 the absence of allegation of specific fraud or error, proved to
17 the satisfaction of the return board by the weight of the
18 evidence, and only in such case shall the vote of said election
19 district be recanvassed under the provisions of this section.
20 (2) In a county in which an election district uses paper
21 ballots other than those used in conjunction with an electronic
22 voting system, all of the following apply:
23 (i) The county board shall, in the presence of the election
24 officers and the authorized candidates and representatives,
25 cause:
26 (A) the ballot box of each district to be opened and the
27 vote in the ballot box to be recounted; and
28 (B) the entire vote of the election district to be counted
29 correctly.
30 (ii) The county board may summon the election officers and
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1 overseers to appear with all election papers in their possession
2 to assist in determining an accurate count or addressing errors
3 and omissions.
4 (3) In a county in which an election district uses an
5 electronic voting system utilizing paper ballots, all of the
6 following apply:
7 (i) The county board shall recount all ballots using manual,
8 mechanical or electronic devices of a different type used for
9 the specific election.
10 (ii) All ballots containing overvotes shall be counted
11 manually.
12 (4) In a county in which an election district uses any other
13 type of electronic voting systems, the county board shall
14 conduct the recanvass similar to the procedure specified in
15 clause (1) for voting machines.
16 (f) As the returns from each election district are read,
17 computed and found to be correct or corrected as aforesaid, they
18 shall be recorded on the blanks prepared for the purpose until
19 all the returns from the various election districts which are
20 entitled to be counted shall have been duly recorded, when they
21 shall be added together, announced and attested by the clerks
22 who made and computed the entries respectively and signed by the
23 members of the county board. Returns under this subsection shall
24 be considered unofficial for five (5) days. The county board
25 shall submit the unofficial returns to the Secretary of the
26 Commonwealth by five o'clock P.M. on the Monday following the
27 election. The submission shall be as directed by the secretary
28 for an office for which a candidate must file a nomination
29 petition with the secretary. At the expiration of five (5) days
30 after the completion of the computation of votes, in case no
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1 petition for a recount or recanvass has been filed in accordance
2 with the provisions of this act, or upon the completion of the
3 recount or recanvass if a petition therefor has been filed
4 within five (5) days after the completion of the computation of
5 votes, the county board shall certify the returns so computed in
6 said county in the manner required by this act, unless upon
7 appeals taken from any decision, the court of common pleas shall
8 have directed any returns to be revised, or unless in case of a
9 recount, errors in the said returns shall have been found, in
10 which case said returns shall be revised, corrected and
11 certified accordingly. The county board shall thereupon, in the
12 case of elections, issue certificates of election to the
13 successful candidates for all county, city, borough, township,
14 ward, school district, poor district and election offices, and
15 local party offices to be filled by the votes of the electors of
16 said county, or of any part thereof.
17 (g) This subsection relates to recounts and recanvasses
18 ordered by the secretary.
19 (1) Except as set forth in subsection (h), the secretary
20 shall order a recount and recanvass to all county boards if the
21 unofficial returns prepared in accordance with subsection (f)
22 reflect any of the following:
23 (i) A candidate for a Statewide public office for which a
24 candidate must file a nomination petition with the secretary was
25 defeated by one-half of a percent or less of the votes cast for
26 the office. This subclause includes a candidate for retention to
27 a judicial office.
28 (ii) A ballot question appearing on the ballot was approved
29 or rejected by one-half of a percent or less of the votes cast
30 on the question.
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1 (2) The secretary shall issue an order under clause (1) by
2 five o'clock P.M. of the second Wednesday following the day of
3 the election.
4 (3) The secretary shall provide twenty-four (24) hours
5 notice of an order under clause (1) to each candidate and to the
6 county chairman of each party or political body affected by the
7 recount and recanvass. Notice shall be by press release, the
8 World Wide Web site or other means.
9 (4) A candidate affected by the recount and recanvass may be
10 present, in person or by attorney, at the recount and recanvass.
11 A party or body affected by the recount and recanvass may send
12 two representatives to the recount and recanvass.
13 (5) The recount and recanvass shall:
14 (i) follow procedures specified in subsection (e);
15 (ii) be scheduled to be held by the second Friday following
16 the day of the election; and
17 (iii) be completed by noon on the following Thursday.
18 (6) The results of the recount and recanvass shall be
19 submitted to the secretary by 12 o'clock noon on the day
20 following completion of the recount and recanvass.
21 (7) The secretary shall issue a press release and publish on
22 the World Wide Web site all results received from the county
23 boards of election.
24 (8) Following the completion of the recount and recanvass,
25 the Commonwealth shall pay to each county the sum specified in
26 sections 1701 and 1702.
27 (h) A recount and recanvass need not be ordered under
28 subsection (g)(1)(i) if the defeated candidate requests in
29 writing that a recount and recanvass not be made. A request
30 under this subsection must be made by 12 o'clock noon on the
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1 second Wednesday following the election.
2 Section 9. Section 1407 of the act, repealed in part April
3 28, 1978 (P.L.202, No.53), is amended to read:
4 Section 1407. Appeals to Court from Decisions of the County
5 Board.--
6 (a) Any person aggrieved by any order or decision of any
7 county board regarding the computation or canvassing of the
8 returns of any primary or election, or regarding any recount or
9 recanvass thereof under sections 1701, 1702 and 1703 of this
10 act, may appeal therefrom within two days after such order or
11 decision shall have been made, whether then reduced to writing
12 or not, to the court [of common pleas of the proper county]
13 specified in this subsection, setting forth why he feels that an
14 injustice has been done, and praying for such order as will give
15 him relief. If a recount or recanvass is made under section
16 1404(g), the appeal must be made to Commonwealth Court. Unless a
17 recount or recanvass is made under section 1404(g), the appeal
18 must be made to the court of common pleas of the proper county.
19 Upon the payment to the prothonotary of a fee for filing such
20 appeal, a judge of the court shall fix a time and place for
21 hearing the matter in dispute within three days thereafter, of
22 which due notice shall be served, with a copy of such appeal, by
23 the appellant upon a member of the county board whose action is
24 complained of and upon every attorney, watcher or candidate who
25 opposed the contention of the appellant before the county board,
26 and upon any other person that the judge shall direct, at least
27 two days before the matter shall be reviewed by the court. Proof
28 of such notice or the waiver thereof must be filed therein
29 before any appeal is sustained.
30 (b) The court on an appeal shall have full power and
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1 authority to hear and determine all matters pertaining to any
2 fraud or error committed in any election district to which such
3 appeal relates, and to make such decree as right and justice may
4 require. Pending such appeal, the county board shall suspend any
5 official certification of the votes cast in such election
6 district. None of the orders or decisions of either the county
7 board or the court of common pleas on appeal shall be deemed a
8 final adjudication regarding the results of any primary or
9 election, so as to preclude any contest thereof. No appeal shall
10 be allowed or granted from any order or decree of the court of
11 common pleas made in pursuance of this section. The court of
12 common pleas, upon any appeal under this section, may compel the
13 appellant or any opposing party, other than the county board, to
14 pay all the witness fees, if any, or other legal costs of the
15 hearing, which costs may be taxed by the prothonotary in the
16 usual manner.
17 Section 10. Section 1701 of the act is amended to read:
18 Section 1701. Opening Ballot Boxes upon Petition of Electors
19 Alleging Fraud or Error; Deposit or Bond.--(a) [The] Except as
20 set forth in subsection (a.1), the court of common pleas, or a
21 judge thereof, of the county in which any election district is
22 located in which ballots were used, shall open the ballot box of
23 such election district used at any general, municipal, special
24 or primary election held therein, and cause the entire vote
25 thereof to be correctly counted by persons designated by such
26 court or judge, if three qualified electors of the election
27 district shall file, as hereinafter provided, a petition duly
28 verified by them, alleging that upon information which they
29 consider reliable they believe that fraud or error, although not
30 manifest on the general return of votes made therefrom, was
20040H2884B4473 - 18 -
1 committed in the computation of the votes cast for all offices
2 or for any particular office or offices in such election
3 district, or in the marking of the ballots, or otherwise in
4 connection with such ballots. It shall not be necessary for the
5 petitioners to specify in their petition the particular act of
6 fraud or error which they believe to have been committed, nor to
7 offer evidence to substantiate the allegations of their
8 petition.
9 (a.1) In cases resulting from a recount or recanvass order
10 by the Secretary of the Commonwealth under section 1404(g), all
11 of the following apply:
12 (1) Upon petition under clause (2), Commonwealth Court
13 shall:
14 (i) open the ballot box of each election district in which
15 ballots were used at a general, municipal, special or primary
16 election; and
17 (ii) cause the entire vote of the election district to be
18 correctly counted by persons designated by the court.
19 (2) To obtain relief under clause (1):
20 (i) Three (3) qualified electors of a county must file a
21 verified petition alleging that, upon information which they
22 consider reliable, they believe that fraud or error, although
23 not manifest on the general return of votes, was committed:
24 (A) in the computation of votes cast;
25 (B) in the marking of the ballots; or
26 (C) otherwise in connection with the ballots.
27 (ii) It is not be necessary for the petitioners to specify
28 in their petition the particular act of fraud or error which
29 they believe to have been committed nor to offer evidence to
30 substantiate the allegations of their petition.
20040H2884B4473 - 19 -
1 (b) Every petition for the opening of a ballot box under the
2 provisions of this section shall be filed in the office of the
3 prothonotary of the proper county, accompanied by a deposit of
4 cash in the amount of fifty ($50.00) dollars, or by a bond
5 signed by the petitioners as principals and by a corporate
6 surety to be approved by the court, in the amount of one hundred
7 ($100.00) dollars, conditioned upon the payment to the county
8 treasurer for the use of the county of the sum of fifty ($50.00)
9 dollars, in the event that, upon the opening of the ballot box,
10 it shall not appear that fraud or substantial error was
11 committed in the computation of the votes cast on the ballots
12 contained therein, or fraud in the marking of the ballots
13 contained therein, or otherwise in connection with such ballots.
14 (c) Before any ballot box is opened under the provisions of
15 this section, the court shall direct that notice of time and
16 place of proposed recount be given, either personally or by
17 registered mail, to each candidate for the office or offices
18 which are to be recounted by the order of the court, and each
19 such candidate may be present at such recount, either in person
20 or by his attorney or by his duly authorized representative,
21 under such regulations as the court may prescribe.
22 (d) If, upon opening any such ballot box, it shall appear
23 that fraud or substantial error was committed in the computation
24 of the votes cast on the ballots contained therein, or fraud in
25 the marking of the ballots contained therein, or otherwise in
26 connection with such ballots, it shall be the duty of the court
27 to certify such fact to the prothonotary and thereupon the
28 prothonotary shall return to the petitioners the said sum of
29 fifty ($50.00) dollars, or if the petitioners shall have filed a
30 bond in lieu of cash, to mark said bond cancelled and notify the
20040H2884B4473 - 20 -
1 petitioners that he has done so.
2 (e) If, upon opening any ballot box under the provisions of
3 this section, it shall not appear that fraud or substantial
4 error was committed in the computation of the votes cast on the
5 ballots contained therein, or fraud in the marking of the
6 ballots contained therein, or otherwise in connection with such
7 ballots, the persons upon whose petition such ballot box shall
8 have been opened shall forfeit to the county the sum of fifty
9 ($50.00) dollars. If said petitioners shall have deposited the
10 said sum in cash with the prothonotary at the time of filing the
11 petition, the prothonotary, upon certification of the court that
12 fraud or substantial error was not discovered, shall pay said
13 sum deposited with him to the county treasurer; and if the
14 petitioners shall have filed with their petition a bond in the
15 sum of one hundred ($100.00) dollars, it shall be the duty of
16 the county treasurer forthwith to collect from the principals or
17 surety on said bond, the sum of fifty ($50.00) dollars, and
18 costs of suit, and for this purpose, he is hereby authorized to
19 institute any necessary legal proceedings. When so collected,
20 the said sum of fifty ($50.00) dollars shall be paid over to the
21 county treasurer.
22 (f) Ballot boxes may be opened under the provisions of this
23 section at any time within four months after the date of the
24 general, municipal, special or primary election at which the
25 ballots therein shall have been cast.
26 Section 11. Section 1702 of the act, amended December 17,
27 1959 (P.L.1891, No.692), is amended to read:
28 Section 1702. Recanvassing Voting Machines upon Petition of
29 Electors Alleging Fraud or Error.--(a) [The] Judicial
30 proceedings shall be as follows:
20040H2884B4473 - 21 -
1 (1) Except as set forth in clause (2), the court of common
2 pleas, or a judge thereof, of the county in which any election
3 district is located, shall make visible the registering counters
4 of the voting machine or machines used in such election district
5 at any primary or election, and without unlocking the machine
6 against voting, shall recanvass the vote cast therein, if three
7 qualified electors of the election district shall file a
8 petition, duly verified by them, alleging that, upon information
9 which they consider reliable, they believe that fraud or error,
10 although not manifest on the general return of votes made
11 therefrom, was committed in the canvassing of the votes cast on
12 such machine or machines. It shall not be necessary for the
13 petitioners to specify in their petition the particular act of
14 fraud or error they believe to have been committed, nor to offer
15 evidence to substantiate the allegations of their petition.
16 (2) In cases resulting from a recount or recanvass ordered
17 by the Secretary of the Commonwealth under section 1404(g), all
18 of the following apply:
19 (i) Upon petition under subclause (ii), Commonwealth Court
20 shall:
21 (A) make visible the registering counter of the voting
22 machine used;
23 (B) without unlocking the machine against voting, recanvass
24 the vote cast in the machine.
25 (ii) To obtain relief under subclause (i):
26 (A) Three qualified electors of the county must file a
27 verified petition alleging that, upon information which they
28 consider reliable, they believe that fraud or error, although
29 not manifest on the general return of votes, was committed in
30 the canvassing of the votes cast on the machine.
20040H2884B4473 - 22 -
1 (B) It is not be necessary for the petitioners to specify in
2 their petition the particular act of fraud or error they believe
3 to have been committed, nor to offer evidence to substantiate
4 the allegations of the petition.
5 (a.1) Every petition for the recanvassing of votes cast in
6 the voting machine, or voting machines of an election district,
7 under the provisions of this section, shall be filed in the
8 office of the prothonotary of the proper county accompanied by a
9 deposit of cash in the amount of fifty ($50) dollars, or by a
10 bond signed by the petitioners as principals and by a corporate
11 surety to be approved by the court in the amount of one hundred
12 ($100) dollars, conditioned upon the payment to the county
13 treasurer for the use of the county of the sum of fifty ($50)
14 dollars, in the event that upon the recanvassing of the votes
15 cast in a voting machine or voting machines, it does not appear
16 that fraud or substantial error was committed in the canvassing
17 of the votes cast on such machine or otherwise in connection
18 with such voting machines.
19 (b) Before the votes cast on any voting machine are
20 recanvassed under the provisions of this section, the court
21 shall direct that notice of the time and place of the proposed
22 recanvass be given, either personally or by registered mail, to
23 each candidate whose name appears on the ballot labels, and each
24 such candidate may be present at such recanvass, either in
25 person or by his attorney, or by his duly authorized
26 representative, under such regulations as the court may
27 prescribe.
28 (b.1) If, upon the recanvassing of the votes in any voting
29 machine, it shall appear that fraud or substantial error was
30 committed in the computation of the votes cast on the voting
20040H2884B4473 - 23 -
1 machine or otherwise in connection with such voting machine, it
2 shall be the duty of the court to certify such fact to the
3 prothonotary, and thereupon the prothonotary shall return to the
4 petitioners the said sum of fifty ($50) dollars, or if the
5 petitioners shall have filed a bond, in lieu of cash, to mark
6 said bond cancelled and notify the petitioners that he has done
7 so.
8 (b.2) If, upon the recanvassing of the votes in any voting
9 machine under the provisions of this section, it shall not
10 appear that fraud or substantial error was committed in the
11 computation of the votes cast in the voting machine or otherwise
12 in connection with such voting machine, the persons upon whose
13 petition such voting machine was recanvassed shall forfeit to
14 the county the sum of fifty ($50) dollars. If said petitioners
15 shall have deposited the said sum in cash with the prothonotary
16 at the time of filing the petition, the prothonotary, upon
17 certification of the court that fraud or substantial error or
18 otherwise in connection with such machine was not discovered,
19 shall pay said sum deposited with him to the county treasurer,
20 and if the petitioners shall have filed with their petition a
21 bond in the sum of one hundred ($100) dollars, it shall be the
22 duty of the county treasurer forthwith to collect from the
23 principals or surety on said bond the sum of fifty ($50) dollars
24 and costs of suit, and for this purpose he is hereby authorized
25 to institute any necessary legal proceedings. When so collected,
26 the said sum of fifty ($50) dollars shall be paid over to the
27 county treasurer.
28 (c) Voting machines may be recanvassed under the provisions
29 of this section at any time within twenty days after the date of
30 the primary or election at which they were used.
20040H2884B4473 - 24 -
1 Section 12. Section 1703 of the act, amended May 5, 1982
2 (P.L.374, No.108), is amended to read:
3 Section 1703. Correction of Returns; Decision Not to Be
4 Final; Evidence for Prosecution.--
5 (a) (1) Any petition to open a ballot box or to recanvass
6 the votes on a voting machine or an electronic voting system
7 pursuant to sections 1701 and 1702 shall be filed no later than
8 five (5) days after the completion of the computational
9 canvassing of all returns of the county by the county board. If
10 any error or fraud is found the court shall grant the interested
11 parties an additional five (5) days to file petitions requesting
12 additional ballot boxes to be opened or voting machines or
13 electronic voting systems to be recanvassed.
14 (i) Except as set forth in subclause (ii):
15 (A) a recount or recanvass shall include all election
16 districts in which ballots were cast for the office in question;
17 and
18 (B) petitions, accompanied by the appropriate money or bond,
19 must be filed in each election district in accordance with this
20 act.
21 (ii) Subclause (i) shall not apply if a petitioner under
22 section 1701 or 1702 pleads that a particular act of fraud or
23 error occurred and offers prima facie evidence supporting the
24 allegation.
25 (2) If any petition to open a ballot box or to recanvass the
26 votes on a voting machine or an electronic voting system shall
27 have been presented, under the provisions of sections 1701 and
28 1702 of this act and the court shall discover therein any fraud
29 or error, the court shall correct, compute and certify to the
30 county board the votes justly, regardless of any fraudulent or
20040H2884B4473 - 25 -
1 erroneous entries made by the election officers thereof, and the
2 county board shall correct accordingly any entries previously
3 made in the returns of the county being prepared by it, or which
4 have been prepared and not yet certified.
5 (b) No order or decision of the court under the provisions
6 of sections 1701 and 1702 of this act, shall be deemed a final
7 adjudication regarding the results of any primary or election,
8 so as to preclude any contest thereof under the provisions of
9 this article, and no such order or decision shall affect the
10 official returns of any election district, unless a petition to
11 open the ballot boxes or to recanvass the votes on a voting
12 machine or an electronic voting system shall have been presented
13 before the certification of the returns of the county by the
14 county board, or unless a contest shall have been instituted in
15 the manner provided by this article.
16 (c) If upon the opening of any ballot box or recanvass of
17 any voting machine or electronic voting system under the
18 provisions of this article, it shall be found that fraud was
19 committed in the computation of the votes cast on the ballots or
20 voting machine, or in the marking of the ballots contained
21 therein or otherwise in connection with such ballots, the county
22 board shall take such steps as shall be appropriate to enable
23 the ballot box and contents thereof or voting machine or
24 electronic voting system to be available as evidence in any
25 prosecution which may be begun against any person or persons
26 alleged to be guilty of such fraud.
27 Section 13. This act shall take effect immediately.
J1L25VDL/20040H2884B4473 - 26 -