S0224B1097A02305 MSP:JSL 10/03/23 #90 A02305
AMENDMENTS TO SENATE BILL NO. 224
Sponsor: REPRESENTATIVE KENYATTA
Printer's No. 1097
Amend Bill, page 1, line 11, by inserting after "elections,""
in preliminary provisions, further providing for definitions; in
the Secretary of the Commonwealth, further providing for
requirements relating to voter identification;
Amend Bill, page 1, line 14, by striking out "AND"
Amend Bill, page 1, line 17, by striking out the period after
"FEES" and inserting
, for withdrawal of candidates, for place and time of filing
nomination papers and for objections to nomination petitions
and papers; in electronic voting systems, further providing
for supplies and preparation of the voting system and of
polling places and for statistical sample; in preparation for
and conduct of primaries and elections, further providing for
manner of applying to vote, persons entitled to vote, voter's
certificates, entries to be made in district register,
numbered lists of voters and challenges; in voting by
qualified absentee electors, further providing for date of
application for absentee ballot, for approval of application
for absentee ballot, for envelopes for official absentee
ballots, for delivering or mailing ballots, for voting by
absentee electors and for canvassing of official absentee
ballots and mail-in ballots; in voting by qualified mail-in
electors, further providing for date of application for mail-
in ballot, for envelopes for official mail-in ballots and for
voting by mail-in electors; in Election Integrity Grant
Program, further providing for funding for elections; and, in
recounts and contests, further providing for opening ballot
boxes upon petition of electors alleging fraud or error and
deposit or bond, for recanvassing voting machines upon
petition of electors alleging fraud or error and for
correction of returns, decision not to be final and evidence
for prosecution.
Amend Bill, page 1, lines 23 and 24; page 2, line 1; by
striking out all of said lines on said pages and inserting
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Section 1. Sections 102(q.1), 603, 908, 913(d), 914, 953(b)
and 977 of the act of June 3, 1937 (P.L.1333, No.320), known as
the Pennsylvania Election Code, are amended to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(q.1) The word "pre-canvass" shall mean the inspection and
opening of all envelopes containing official absentee ballots or
mail-in ballots, the removal of such ballots from the envelopes
and [the counting, computing and tallying of the votes reflected
on the ballots.] the preparation of those ballots for scanning,
including unfolding, straightening and duplicating if the ballot
is damaged in some way that prevents it from being scanned but
where the voter's intent is still clear. The term shall also
include scanning the ballot into a voting machine or other
automatic tabulating device, if the equipment used by the county
board of elections permits a ballot to be scanned without
tabulating or counting the votes on the ballot scanned. The term
does not include the recording or publishing of the votes
reflected on the ballots.
* * *
Amend Bill, page 3, line 16, by striking out "ELEVENTH" and
inserting
twelfth
Amend Bill, page 3, line 18, by striking out "ELEVENTH" and
inserting
twelfth
Amend Bill, page 3, line 19, by striking out "EIGHTH" and
inserting
ninth
Amend Bill, page 3, line 26, by striking out "EIGHTH" and
inserting
ninth
Amend Bill, page 3, line 29, by striking out all of said line
and inserting
Section 914. Withdrawal of Candidates.--[Any]
(1) Except as provided under paragraph (2), any of the
candidates for nomination or election at any primary may
withdraw his name as a candidate by a request in writing, signed
by him and acknowledged before an officer empowered to
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administer oaths, and filed in the office in which his
nomination petition was filed. Such withdrawals, to be
effective, must be received in the office of the Secretary of
the Commonwealth not later than 5 o'clock P. M. on the fifteenth
day next succeeding the last day for filing nomination petitions
in said office, and in the office of any county board of
elections, not later than the ordinary closing hour of said
office on the fifteenth day next succeeding the last day for
filing nomination petitions in said office. No name so withdrawn
shall be printed on the ballot or ballot labels. No candidate
may withdraw any withdrawal notice already received and filed,
and thereby reinstate his nomination petition.
(2) For the General primary that occurs in 2024, any of the
candidates for nomination or election may withdraw his name as a
candidate by a request in writing, signed by him and
acknowledged before an officer empowered to administer oaths,
and filed in the office in which his nomination petition was
filed. Such withdrawals, to be effective, must be received in
the office of the Secretary of the Commonwealth not later than
five o'clock P.M. on the tenth day next succeeding the last day
for filing nomination petitions in said office, and in the
office of any county board of elections, not later than the
ordinary closing hour of said office on the tenth day next
succeeding the last day for filing nomination petitions in said
office. No name so withdrawn shall be printed on the ballot or
ballot labels. No candidate may withdraw any withdrawal notice
already received and filed, and thereby reinstate his nomination
petition.
Section 953. Place and Time of Filing Nomination Papers.--
* * *
(b) No nomination paper shall be circulated prior to the
[tenth Wednesday prior to the primary] day following the last
day for filing nomination petitions under section 913, and no
signature shall be counted unless it bears a date affixed not
earlier than the [tenth Wednesday prior to the primary] day
following the last day for filing nomination petitions under
section 913, nor later than the second Friday subsequent to the
primary.
* * *
Section 977. Objections to Nomination Petitions and
Papers.--[All]
(1) Except as provided in paragraph (2), all nomination
petitions and papers received and filed within the periods
limited by this act shall be deemed to be valid, unless, within
seven days after the last day for filing said nomination
petition or paper, a petition is presented to the court
specifically setting forth the objections thereto, and praying
that the said petition or paper be set aside. A copy of said
petition shall, within said period, be served on the officer or
board with whom said nomination petition or paper was filed.
Upon the presentation of such a petition, the court shall make
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an order fixing a time for hearing which shall not be later than
ten days after the last day for filing said nomination petition
or paper, and specifying the time and manner of notice that
shall be given to the candidate or candidates named in the
nomination petition or paper sought to be set aside. On the day
fixed for said hearing, the court shall proceed without delay to
hear said objections, and shall give such hearing precedence
over other business before it, and shall finally determine said
matter not later than fifteen (15) days after the last day for
filing said nomination petitions or papers. If the court shall
find that said nomination petition or paper is defective under
the provisions of section 976, or does not contain a sufficient
number of genuine signatures of electors entitled to sign the
same under the provisions of this act, or was not filed by
persons entitled to file the same, it shall be set aside. If the
objections relate to material errors or defects apparent on the
face of the nomination petition or paper, the court, after
hearing, may, in its discretion, permit amendments within such
time and upon such terms as to payment of costs, as the said
court may specify. In case any such petition is dismissed, the
court shall make such order as to the payment of the costs of
the proceedings, including witness fees, as it shall deem just.
If a person shall sign any nomination petitions or papers for a
greater number of candidates than he is permitted under the
provisions of this act, if said signatures bear the same date,
they shall, upon objections filed thereto, not be counted on any
petition or paper and if they bear different dates, they shall
be counted in the order of their priority of date, for only so
many persons as there are candidates to be nominated or elected.
The office of the Prothonotary of the Commonwealth Court and the
office of the Secretary of the Commonwealth and the various
offices of prothonotary of the court of common pleas shall be
open between the hours of eight-thirty o'clock A.M. and five
o'clock P.M. on the last day to withdraw after filing nomination
petitions and on the last day to file objections to nomination
petitions.
(2) For the General primary that occurs in 2024, all
nomination petitions and papers received and filed within the
periods limited by this act shall be considered to be valid
unless, within six (6) days after the last day for filing the
nomination petition or paper, a petition is presented to the
court specifically setting forth the objections thereto and
praying that the petition or paper be set aside. A copy of the
petition shall, within the period, be served on the officer or
board with whom said nomination petition or paper was filed.
Upon the presentation of a petition, the court shall make an
order fixing a time for hearing which shall not be later than
ten (10) days after the last day for filing said nomination
petition or paper and specifying the time and manner of notice
that shall be given to the candidate or candidates named in the
nomination petition or paper sought to be set aside. On the day
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fixed for the hearing, the court shall proceed without delay to
hear said objections, and shall give the hearing precedence over
other business before it, and shall finally determine the matter
not later than fifteen (15) days after the last day for filing
the nomination petitions or papers. If the court shall find that
the nomination petition or paper is defective under the
provisions of section 976.1 or does not contain a sufficient
number of genuine signatures of electors entitled to sign the
same under the provisions of this act, or was not filed by
persons entitled to file the same, it shall be set aside. If the
objections relate to material errors or defects apparent on the
face of the nomination petition or paper, the court, after
hearing, may, in its discretion, permit amendments within the
time and upon the terms as to payment of costs, as the court may
specify. If a petition is dismissed, the court shall make an
order as to the payment of the costs of the proceedings,
including witness fees, as it shall deem just. If a person signs
any nomination petitions or papers for a greater number of
candidates than he is permitted under the provisions of this
act, if the signatures bear the same date, they shall, upon
objections filed thereto, not be counted on any petition or
paper, and if they bear different dates they shall be counted in
the order of their priority of date for only so many persons as
there are candidates to be nominated or elected. The office of
the Prothonotary of Commonwealth Court and the office of the
Secretary of the Commonwealth and the various offices of
prothonotary of the court of common pleas shall be open between
the hours of eight-thirty o'clock A.M. and five o'clock P.M. on
the last day to withdraw after filing nomination petitions and
on the last day to file objections to nomination petitions.
Section 2. Section 1110-A of the act is amended by adding
subsections to read:
Section 1110-A. Supplies; Preparation of the Voting System
and of Polling Places.--* * *
(a.1) Each county board shall use a chain of custody log to
maintain and document an uninterrupted chain of custody for each
ballot cast and each ballot storage container, including in
person, provisional, mail-in and absentee ballots. Chain of
custody logs shall be in a form prescribed by the secretary and,
at a minimum, include an identifying number of each ballot
storage container and the number of a tamper-evident seal
affixed to each ballot storage container. Chain of custody logs
shall be made available for public inspection after the
computation and canvassing of returns is completed, subject to
any redactions the county board deems necessary to protect the
safety and private information of individual custodians.
(a.2) The secretary shall establish, and issue by directive,
written procedures to ensure the security, confidentiality and
integrity of ballots, cast vote records or any other data
collected, stored or otherwise used in the election.
(a.3) The procedures under subsections (a.2) and (a.3) shall
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be published on the department's publicly accessible Internet
website.
* * *
Section 3. Section 1117-A of the act is amended to read:
Section 1117-A. [Statistical Sample.--The county board of
elections, as part of the computation and canvass of returns,
shall conduct a statistical recount of a random sample of
ballots after each election using manual, mechanical or
electronic devices of a type different than those used for the
specific election. The sample shall include at least two (2) per
centum of the votes cast or two thousand (2,000) votes whichever
is the lesser.] Risk-limiting Audit.--(a) The Department of
State, in conjunction with the county boards of elections, shall
conduct risk-limiting audits after each primary, general and
municipal election to be completed prior to certification of the
contests chosen by the Secretary of the Commonwealth to be
subject to a risk-limiting audit in accordance with the
requirements of this section.
(b) The audit shall be conducted as follows:
(1) The Secretary of the Commonwealth shall randomly
determine what contests shall be subject to a risk-limiting
audit.
(2) The Secretary of the Commonwealth shall provide notice
of the time and place of the random selection of the audit units
to be manually tallied and of the times and places of the
audits.
(3) The Secretary of the Commonwealth shall make available
to the public a report of the unofficial results for the contest
prior to the random selection of audit units to be manually
tallied and prior to the commencement of the audit.
(4) The county board of elections shall conduct the audit
upon the tabulation of the unofficial returns.
(5) The county board of elections shall conduct the audit in
public view by manually interpreting the ballots according to
rules established by the secretary.
(c) If a risk-limiting audit of a contest leads to a full
manual tally of the ballots cast using the voting system, the
vote counts according to that manual tally shall replace the
vote.
(d) The results of audits conducted under this section shall
be published on the website of the Department of State within
forty-eight hours of being accepted by the Secretary of the
Commonwealth. If the audit involved a manual tally of one or
more entire precincts, the names and numbers of all precincts
audited and a comparison of the vote tabulator results with the
hand counts for each precinct shall be published with the audit
results on the Department of State's publicly accessible
Internet website.
(e) Any audit required under this section shall not commence
for any election subject to a recount until the conclusion of
the recount.
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(f) The Secretary of the Commonwealth shall promulgate
rules, regulations and procedures as necessary to implement this
section.
(g) For purposes of this section, the following terms shall
have the following meanings:
"Audit unit" means a precinct, a set of ballots or a single
ballot. A precinct, a set of ballots or a single ballot may be
used as an audit unit for purposes of the section only if all of
the following conditions are satisfied:
(1) the relevant vote-tabulating device is able to produce a
report of the votes cast in the precinct, set of ballots or
single ballot; and
(2) each ballot is assigned to not more than one audit unit.
"Contest" means an election for an office.
"Risk-limiting audit" means a manual tally employing a
statistical method that ensures a large, predetermined minimum
chance of requiring a full manual tally when a full manual tally
would show an electoral outcome that differs from the outcome
reported by the vote-tabulating system for the audited contest.
A risk-limiting audit shall begin with a hand tally of the votes
in one or more audit units and shall continue to hand tally
votes in additional audit units until there is strong
statistical evidence that the electoral outcome is correct. In
the event that counting additional audit units does not provide
strong statistical evidence that the electoral outcome is
correct, the audit shall continue until there has been a full
manual tally to determine the correct electoral outcome of the
audited contest.
Section 4. (Reserved).
Section 5. Section 1210(a.4)(5)(ii)(F) of the act is 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) * * *
(4) Within seven calendar days of the election, the county
board of elections shall examine each provisional ballot
envelope that is received to determine if the individual voting
that ballot was entitled to vote at the election district in the
election. One authorized representative of each candidate in an
election [and], one representative from each political party, a
voter who cast a provisional ballot and their attorney and a
nonpartisan organization who has no stake in the outcome of the
election but whose mission includes advancing voting rights for
all voters shall be permitted to remain in the room in which the
determination is being made. A county board of elections may
establish reasonable limits on the number of persons permitted
in the room. Representatives shall be permitted to keep a list
of those persons who cast a provisional ballot and shall be
entitled to challenge any determination of the county board of
elections with respect to the counting or partial counting of
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the ballot under this section. Upon challenge of any provisional
ballot under this clause, the ballot envelope shall be marked
"challenged" together with the reason for the challenge, and the
provisional ballot shall be set aside pending final
determination of the challenge according to the following
procedure:
(i) Provisional ballots marked "challenged" shall be placed
unopened in a secure, safe and sealed container in the custody
of the county board of elections until it shall fix a time and
place for a formal hearing of all such challenges, and notice
shall be given where possible to all provisional electors thus
challenged and to every attorney, watcher or candidate who made
the challenge. The following apply:
(A) The county board of elections shall provide notice to
any elector whose provisional ballot will not be counted and any
elector whose ballot has been challenged. Notice shall be given
by mail, email, telephone or text message within twenty-four
(24) hours of a formal hearing being scheduled. The provisional
elector shall be advised of the grounds upon which their ballot
has been rejected or challenged and be provided an opportunity
to submit documents or evidence electronically or physically to
overcome the challenge and an opportunity to be heard at the
hearing either in person, by phone or virtually.
(B) If the elector does not respond after notice under
clause (A) is attempted, the county board shall send a
representative to the address of the voter to attempt to contact
the voter prior to the scheduled hearing, and if necessary,
leave a notice of the hearing posted on the elector's door.
* * *
(5) * * *
(ii) A provisional ballot shall not be counted if:
* * *
[(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)] (a.1), 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
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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
county board of elections determines that the elector's absentee
or mail-in ballot will not be counted.
* * *
(11.1) For any elector that submits a provisional ballot,
the county board shall give notice to the provisional elector by
mail, email, telephone or text message within twenty-four (24)
hours of the provisional ballot being submitted of the
additional information needed for the ballot to be canvassed and
the process to submit the additional information.
(11.2) For a provisional ballot that is rejected for any
reason, the county shall notify the elector by mail, email,
telephone or text message of the reason their provisional ballot
was rejected and instructions on how to appeal the decision.
* * *
Section 6. Section 1302.1(a) and (a.3)(1) and (2) of the act
are amended and the section is amended by adding a subsection 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] tenth day prior to the
day of any primary or election.
(a.3) (1) The following categories of electors may apply
for an absentee ballot under this subsection, if otherwise
qualified:
(i) An elector whose physical disability or illness
prevented the elector from applying for an absentee ballot
before five o'clock P.M. on the [first Tuesday] tenth day prior
to the day of the primary or election.
(ii) An elector who, because of the elector's business,
duties or occupation, was unable to apply for an absentee ballot
before five o'clock P.M. on the [first Tuesday] tenth day prior
to the day of the primary or election.
(iii) An elector who becomes so physically disabled or ill
after five o'clock P.M. on the [first Tuesday] tenth day prior
to the day of the primary or election that the elector is unable
to appear at the polling place on the day of the primary or
election.
(iv) An elector who, because of the conduct of the elector's
business, duties or occupation, will necessarily be absent from
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the elector's municipality of residence on the day of the
primary or election, which fact was not and could not reasonably
be known to the elector on or before five o'clock P.M. on the
[first Tuesday] tenth day prior to the day of the primary or
election.
(2) An elector described in paragraph (1) may submit an
application for an absentee ballot at any time up until the time
of the closing of the polls on the day of the primary or
election. The application shall include a declaration describing
the circumstances that prevented the elector from applying for
an absentee ballot before five o'clock P.M. on the [first
Tuesday] tenth day prior to the day of the primary or election
or that prevent the elector from appearing at the polling place
on the day of the primary or election, and the elector's
qualifications under paragraph (1). The declaration shall be
made subject to the provisions of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
* * *
(e) A qualified elector may submit an application for an
absentee ballot in person at an office of the county board of
elections not later than five o'clock P.M. on the Saturday prior
to the day of a primary or election and the following process
shall apply:
(1) The county board of elections shall immediately
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.
(2) If the board is satisfied that the applicant is
qualified to receive an official absentee ballot, the
application shall be marked "approved."
(3) The elector shall receive an official absentee ballot
and the two envelopes for the official absentee ballot.
(4) The absentee ballot shall be processed in accordance
with the other procedures outlined in this article.
Section 7. Sections 1302.2(c), 1304 and 1305(a) of the act
are amended to read:
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
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
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qualified elector. Such challenges must be made to the county
board of elections [prior to] by five o'clock p.m. on the
[Friday] eighth day prior to the election: 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.--
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 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 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. Use of the inner envelope is at the discretion of
the voter. A failure to use the inner envelope shall not be an
acceptable reason for disqualifying the ballot.
Section 1305. Delivering or Mailing Ballots.--
(a) [The] (1) Except as provided in paragraph (2), the
county board of elections upon receipt and approval of an
application filed by any elector qualified in accordance with
the provisions of section 1301, subsections (a) to (h),
inclusive, shall not later than fifty days prior to the day of
the primary or not later than seventy days prior to the day of
the election commence to deliver or mail to such elector who has
included with said application a statement that he or she is
unable to vote during the regular absentee balloting period by
reason of living or performing military service in an extremely
remote or isolated area of the world, and not later than forty-
five days prior to the day of the primary or election commence
to deliver or mail to all other such electors as provided for in
section 1301, subsections (a) to (h), inclusive, official
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absentee ballots or special write-in absentee ballots as
prescribed by subsection (d) of section 1303 when official
absentee ballots are not yet printed; as additional applications
of such electors are received, the board shall deliver or mail
official absentee ballots or special write-in absentee ballots
when official absentee ballots are not yet printed to such
additional electors within forty-eight hours after approval of
their application. If the calling of a special election would
make it impossible to comply with the forty-five day delivery or
mailing requirement of this section, then the county board of
elections shall mail absentee ballots or special write-in
absentee ballots within five days of the county board's receipt
of the information necessary to prepare said ballots.
(2) Notwithstanding paragraph (1) and 25 Pa.C.S. § 3508(b)
(relating to transmission of unvoted ballots), for the general
primary that occurs in 2024, the county board of elections, upon
receipt and approval of an application filed by any elector
qualified in accordance with the provisions of section 1301(a),
(b), (c), (d), (e), (f), (g) and (h), inclusive, shall, not
later than forty-five (45) days prior to the day of the primary,
commence to deliver or mail to the elector who has included with
the application a statement that he or she is unable to vote
during the regular absentee balloting period by reason of living
or performing military service in an extremely remote or
isolated area of the world.
* * *
Section 8. Section 1306 of the act is amended by adding a
subsection to read:
Section 1306. Voting by Absentee Electors.--* * *
(d) The date written on the envelope shall be the date the
elector has signed the declaration. Failure to date the envelope
or signing the envelope with a date that is not within the time
period between the date the ballot was received by the voter and
when it was received by the county board of election shall not
disqualify the ballot if the declaration is otherwise properly
executed.
Section 9. Section 1308(a), (g)(1), (1.1), (2) and (3) and
(h) of the act are amended and subsection (g) is amended by
adding paragraphs 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
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
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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 safely be kept in sealed or locked containers
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 during the regular or emergency application period,
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 correctly
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 an issue with the voter's declaration requiring
correction in order for the absentee ballot or mail-in ballot to
be counted. Absentee ballots or mail-in ballots with erroneous
declaration of the elector shall be kept in a separate sealed or
locked container. 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 email, telephone or text message of the error and shall
provide an Absentee Ballot and Mail-in Ballot Cure Form. The
form shall be created by the Secretary of the Commonwealth and
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 form of identification
that meets the requirements of section 102(z.5)(1)(i) and (ii).
The cure form 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, other than a provisional ballot as
permitted by law, 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
publicly accessible Internet website.
(iii) If the voter completes and returns the Absentee Ballot
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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, facsimile, text message or
other form of electronic submission, mail or delivery in person
to the county board of elections.
(iv) The voter shall be provided 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) A missing or inaccurate date on the declaration of the
elector on the outer return envelope of an absentee or mail-in
ballot shall not be a fatal defect for the ballot, if the
voter's declaration signature is contained in the declaration,
or the signature has been cured through use of the notice and
cure process under this section.
(vi) Within twenty-four (24) hours of a finding under this
paragraph, counties shall compile a list of voters eligible to
cure defective ballots and must make the list available to the
public.
* * *
(g) (1) (i) An absentee ballot cast by any absentee
elector as defined in section 1301(a), (b), (c), (d), (e), (f),
(g) and (h) shall be canvassed in accordance with this
subsection if the ballot is cast, submitted and received in
accordance with the provisions of 25 Pa.C.S. Ch. 35 (relating to
uniform military and overseas voters).
(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
accordance with this subsection if the absentee ballot or mail-
in ballot is 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.
(1.1) The county board of elections shall meet no earlier
than [seven o'clock A.M. on] three (3) days prior to election
day to pre-canvass all ballots received prior to the meeting. 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] In accordance with paragraph (1.2), one
authorized representative of each candidate in an election and
one representative [from] of 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.
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(1.2) An authorized representative under paragraph (1.1)
shall be permitted access to view and observe the entire process
of pre-canvassing or canvassing, subject to the requirement that
the authorized representative shall not distract, hinder or
otherwise interfere with the pre-canvassing or canvassing
process. A county board of elections shall designate an official
to receive concerns reported by an authorized representative.
The Department of State shall establish a procedure for an
authorized representative to report a concern arising from a
pre-canvass meeting and then investigate and report on the
concern raised.
(1.3) A county board of elections shall record the pre-
canvassing and canvassing meetings with audio and visual
recordings. The recordings under this paragraph may be stored as
an encrypted file. The recording may be posted on the county's
publicly accessible Internet website in the encrypted format.
The password or encryption software may be distributed as
necessary.
(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
eight o'clock A.M. 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. § 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.
(3) When the county board meets to pre-canvass or canvass
absentee ballots and mail-in ballots under paragraphs (1), (1.1)
and (2), the board shall [examine]:
(i) Examine the declaration on the envelope of each ballot
not set aside under subsection (d) and shall compare the
information thereon with that contained in the ["Registered
Absentee and Mail-in Voters File," the] absentee voters' list
[and/or] or the "Military Veterans and Emergency Civilians
Absentee Voters File," whichever is applicable.
(ii) If the county board has verified the proof of
identification as required under this act and is satisfied that
the declaration is sufficient and the information contained in
the ["Registered Absentee and Mail-in Voters File," the]
absentee voters' list and/or the "Military Veterans and
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Emergency Civilians Absentee Voters File" verifies his right to
vote, [the county board shall] provide a list of the names of
electors whose absentee ballots or mail-in ballots are to be
pre-canvassed or canvassed.
(iii) Place and seal an absentee ballot or mail-in ballot
that does not have a ballot envelope or has unidentifiable marks
on the envelope into an empty official election ballot envelope
and secure the envelope with the other removed official election
ballot envelopes to be tabulated.
(3.1) A county board of elections may use an automated
sorting or extracting machine to assist in the processing of
absentee ballots and mail-in ballots.
* * *
Section 10. Section 1302.1-D(a) of the act is amended and
the section is amended by adding a subsection to read:
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 for mail-in ballots shall be processed if
received not later than five o'clock P.M. of the [first Tuesday]
tenth day prior to the day of any primary or election.
* * *
(c) In-person request for mail-in ballot.--A qualified
elector may submit an application for a mail-in ballot in person
at an office of the county board of elections not later than
five o'clock P.M. of the Saturday prior to the day of a primary
or election and the following process shall apply:
(1) The county board of elections shall immediately
determine the qualifications of the applicant by verifying
the proof of identification and comparing the information
provided on the application with the information contained in
the applicant's voter registration record.
(2) If the board is satisfied that the applicant is
qualified to receive an official mail-in ballot, the
application shall be marked "approved."
(3) The elector shall receive an official mail-in ballot
and the two envelopes for the official mail-in ballot.
(4) The mail-in ballot shall be processed in accordance
with the other procedures outlined in this article.
Section 11. Sections 1304-D and 1306-D of the act are
amended by adding subsections to read:
Section 1304-D. Envelopes for official mail-in ballots.
* * *
(e) Inner envelope.--Use of the inner envelope is at the
discretion of the voter. A failure to use the inner envelope
shall not be an acceptable reason for disqualifying the ballot.
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Section 1306-D. Voting by mail-in electors.
* * *
(d) Date.--The date written on the envelope shall be the
date the elector has signed the declaration. Failure to date the
envelope or signing the envelope with a date that is not within
the time period between the date the ballot was received by the
voter and when it was received by the county board of election
shall not disqualify the ballot if the declaration is otherwise
properly executed.
Section 12. Section 1602-A(j)(1) of the act, added July 11,
2022 (P.L.1577, No.88), is amended to read:
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 [7] 9 a.m.
on the third day prior to election day [and shall continue
without interruption until each mail-in ballot and absentee
ballot received by 7 a.m. on election day is pre-canvassed].
(2) The county shall begin canvassing mail-in ballots
and absentee ballots at 8 p.m. on election day and shall
continue day to day without unnecessary interruption until
each ballot has been canvassed.
* * *
Section 13. Sections 1701(a), (a.1)(2)(ii), (b), (d) and
(e), 1702(a)(1) and (2)(ii)(B), (a.1), (b.1) and (b.2) and
1703(a)(1) of the act are amended to read:
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
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:
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* * *
(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.
* * *
(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,
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the sum of [fifty ($50.00)] 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 ($50.00)] 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
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.
* * *
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(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
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
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)] The following
apply:
(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
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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 file with the court.
* * *
Section 14. The amendment or addition of sections 102(z.5),
206, 1210(a), (a.1) and (a.2), 1308(a)(2)(i) relating to proof
of identification and 1308(h) of the act shall not apply to an
election occurring before the 2025 primary election.
Section 15. This act shall take effect as follows:
(1) The amendment or addition of sections 102(z.5), 206,
1210(a), (a.1) and (a.2), 1308(a)(2)(i) concerning section
102(z.5) and 1308(h) of the act shall take effect January 1,
2025.
(2) The remainder of this act shall take effect
immediately.
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