Bill Summary – FastDemocracy

HOUSE AMENDED
     PRIOR PRINTER'S NOS. 194, 1059, 1097,
      1159, 1160                                     PRINTER'S NO.   1171
                  THE GENERAL ASSEMBLY OF PENNSYLVANIA
                      SENATE BILL
                      No. 224
                                              Session of
                                                2023
     INTRODUCED BY ARGALL, STREET, BARTOLOTTA, PHILLIPS-HILL, FARRY,
        AUMENT, STEFANO, COSTA, SANTARSIERO AND CAPPELLETTI,
        JANUARY 31, 2023
     AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
        REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2023
                                  AN ACT
 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled      <--
    "An act concerning elections, including general, municipal,
    special and primary elections, the nomination of candidates,
    primary and election expenses and election contests; creating
    and defining membership of county boards of elections;
    imposing duties upon the Secretary of the Commonwealth,
    courts, county boards of elections, county commissioners;
    imposing penalties for violation of the act, and codifying,
    revising and consolidating the laws relating thereto; and
    repealing certain acts and parts of acts relating to
    elections," IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR    <--
    DEFINITIONS; IN THE SECRETARY OF THE COMMONWEALTH, FURTHER
    PROVIDING FOR REQUIREMENTS RELATING TO VOTER IDENTIFICATION;
    in dates of elections and primaries and special elections,
    further providing for general primary and candidates to be
    nominated and party officers to be elected; and, in             <--
    nomination of candidates, further providing for manner of
    signing nomination petitions and time of circulating and, for   <--
    place and time of filing nomination petitions and filing
    fees., FOR WITHDRAWAL OF CANDIDATES, FOR PLACE AND TIME OF      <--
    FILING NOMINATION PAPERS AND FOR OBJECTIONS TO NOMINATION
    PETITIONS AND PAPERS; IN ELECTRONIC VOTING SYSTEMS, FURTHER
    PROVIDING FOR SUPPLIES AND PREPARATION OF THE VOTING SYSTEM
    AND OF POLLING PLACES AND FOR STATISTICAL SAMPLE; IN
    PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS,
    FURTHER PROVIDING FOR MANNER OF APPLYING TO VOTE, PERSONS
    ENTITLED TO VOTE, VOTER'S CERTIFICATES, ENTRIES TO BE MADE IN
    DISTRICT REGISTER, NUMBERED LISTS OF VOTERS AND CHALLENGES;
    IN VOTING BY QUALIFIED ABSENTEE ELECTORS, FURTHER PROVIDING
    FOR APPLICATIONS FOR OFFICIAL MAIL-IN BALLOT, FOR DATE OF       <--
    APPLICATION FOR ABSENTEE BALLOT, FOR APPROVAL OF APPLICATION
    FOR ABSENTEE BALLOT, FOR ENVELOPES FOR OFFICIAL ABSENTEE
    BALLOTS, FOR DELIVERING OR MAILING BALLOTS, FOR VOTING BY
    ABSENTEE ELECTORS AND FOR CANVASSING OF OFFICIAL ABSENTEE
    BALLOTS AND MAIL-IN BALLOTS; IN VOTING BY QUALIFIED MAIL-IN
    ELECTORS, FURTHER PROVIDING FOR DATE OF APPLICATION FOR MAIL-
    IN BALLOT, FOR ENVELOPES FOR OFFICIAL MAIL-IN BALLOTS AND FOR
    VOTING BY MAIL-IN ELECTORS; IN ELECTION INTEGRITY GRANT
    PROGRAM, FURTHER PROVIDING FOR FUNDING FOR ELECTIONS; AND, IN
    RECOUNTS AND CONTESTS, FURTHER PROVIDING FOR OPENING BALLOT
    BOXES UPON PETITION OF ELECTORS ALLEGING FRAUD OR ERROR AND
    DEPOSIT OR BOND, FOR RECANVASSING VOTING MACHINES UPON
    PETITION OF ELECTORS ALLEGING FRAUD OR ERROR AND FOR
    CORRECTION OF RETURNS, DECISION NOT TO BE FINAL AND EVIDENCE
    FOR PROSECUTION.
 AMENDING THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), ENTITLED    <--
    "AN ACT CONCERNING ELECTIONS, INCLUDING GENERAL, MUNICIPAL,
    SPECIAL AND PRIMARY ELECTIONS, THE NOMINATION OF CANDIDATES,
    PRIMARY AND ELECTION EXPENSES AND ELECTION CONTESTS; CREATING
    AND DEFINING MEMBERSHIP OF COUNTY BOARDS OF ELECTIONS;
    IMPOSING DUTIES UPON THE SECRETARY OF THE COMMONWEALTH,
    COURTS, COUNTY BOARDS OF ELECTIONS, COUNTY COMMISSIONERS;
    IMPOSING PENALTIES FOR VIOLATION OF THE ACT, AND CODIFYING,
    REVISING AND CONSOLIDATING THE LAWS RELATING THERETO; AND
    REPEALING CERTAIN ACTS AND PARTS OF ACTS RELATING TO
    ELECTIONS," IN DATES OF ELECTIONS AND PRIMARIES AND SPECIAL
    ELECTIONS, FURTHER PROVIDING FOR GENERAL PRIMARY AND
    CANDIDATES TO BE NOMINATED AND PARTY OFFICERS TO BE ELECTED
    AND PROVIDING FOR SCHOOL DISTRICT BUDGET TIMELINE FOR 2024
    AND FOR PROCEDURE FOR SECURING APPROVAL OF ELECTORS.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.   Sections 603, 908 and 913(d) of the act of June      <--
 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
 Code, are amended to read:
    SECTION 1.   SECTIONS 102(Q.1) AND (Z.5), 206, 603, 908,          <--
 913(D), 914, 953(B) AND 977 OF THE ACT OF JUNE 3, 1937
 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, ARE
 AMENDED TO READ:
    SECTION 102.    DEFINITIONS.--THE FOLLOWING WORDS, WHEN USED IN
 THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE
 CLEARLY APPARENT FROM THE CONTEXT:
    * * *
    (Q.1)   THE WORD "PRE-CANVASS" SHALL MEAN THE INSPECTION AND
 OPENING OF ALL ENVELOPES CONTAINING OFFICIAL ABSENTEE BALLOTS OR
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 MAIL-IN BALLOTS, THE REMOVAL OF SUCH BALLOTS FROM THE ENVELOPES
 AND [THE COUNTING, COMPUTING AND TALLYING OF THE VOTES REFLECTED
 ON THE BALLOTS.] THE PREPARATION OF THOSE BALLOTS FOR SCANNING,
 INCLUDING UNFOLDING, STRAIGHTENING AND DUPLICATING IF THE BALLOT
 IS DAMAGED IN SOME WAY THAT PREVENTS IT FROM BEING SCANNED BUT
 WHERE THE VOTER'S INTENT IS STILL CLEAR. THE TERM SHALL ALSO
 INCLUDE SCANNING THE BALLOT INTO A VOTING MACHINE OR OTHER
 AUTOMATIC TABULATING DEVICE, IF THE EQUIPMENT USED BY THE COUNTY
 BOARD OF ELECTIONS PERMITS A BALLOT TO BE SCANNED WITHOUT
 TABULATING OR COUNTING THE VOTES ON THE BALLOT SCANNED. THE TERM
 DOES NOT INCLUDE THE RECORDING OR PUBLISHING OF THE VOTES
 REFLECTED ON THE BALLOTS.
    * * *
    (Z.5)    THE WORDS "PROOF OF IDENTIFICATION" SHALL MEAN:
    [(1)    IN THE CASE OF AN ELECTOR WHO HAS A RELIGIOUS OBJECTION
 TO BEING PHOTOGRAPHED, A VALID-WITHOUT-PHOTO DRIVER'S LICENSE OR
 A VALID-WITHOUT-PHOTO IDENTIFICATION CARD ISSUED BY THE
 DEPARTMENT OF TRANSPORTATION.
    (2)    FOR AN ELECTOR WHO APPEARS TO VOTE UNDER SECTION 1210, A
 DOCUMENT THAT:
    (I)    SHOWS THE NAME OF THE INDIVIDUAL TO WHOM THE DOCUMENT
 WAS ISSUED AND THE NAME SUBSTANTIALLY CONFORMS TO THE NAME OF
 THE INDIVIDUAL AS IT APPEARS IN THE DISTRICT REGISTER;
    (II)    SHOWS A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE
 DOCUMENT WAS ISSUED;
    (III)    INCLUDES AN EXPIRATION DATE AND IS NOT EXPIRED,
 EXCEPT:
    (A)    FOR A DOCUMENT ISSUED BY THE DEPARTMENT OF
 TRANSPORTATION WHICH IS NOT MORE THAN TWELVE (12) MONTHS PAST
 THE EXPIRATION DATE; OR
20230SB0224PN1171                    - 3 -
    (B)    IN THE CASE OF A DOCUMENT FROM AN AGENCY OF THE ARMED
 FORCES OF THE UNITED STATES OR THEIR RESERVE COMPONENTS,
 INCLUDING THE PENNSYLVANIA NATIONAL GUARD, ESTABLISHING THAT THE
 ELECTOR IS A CURRENT MEMBER OF OR A VETERAN OF THE UNITED STATES
 ARMED FORCES OR NATIONAL GUARD WHICH DOES NOT DESIGNATE A
 SPECIFIC DATE ON WHICH THE DOCUMENT EXPIRES, BUT INCLUDES A
 DESIGNATION THAT THE EXPIRATION DATE IS INDEFINITE; AND
    (IV)    WAS ISSUED BY ONE OF THE FOLLOWING:
    (A)    THE UNITED STATES GOVERNMENT.
    (B)    THE COMMONWEALTH OF PENNSYLVANIA.
    (C)    A MUNICIPALITY OF THIS COMMONWEALTH TO AN EMPLOYEE OF
 THAT MUNICIPALITY.
    (D)    AN ACCREDITED PENNSYLVANIA PUBLIC OR PRIVATE INSTITUTION
 OF HIGHER LEARNING.
    (E)    A PENNSYLVANIA CARE FACILITY.
    (3)    FOR A QUALIFIED ABSENTEE ELECTOR UNDER SECTION 1301 OR A
 QUALIFIED MAIL-IN ELECTOR UNDER SECTION 1301-D:
    (I)    IN THE CASE OF AN ELECTOR WHO HAS BEEN ISSUED A CURRENT
 AND VALID DRIVER'S LICENSE, THE ELECTOR'S DRIVER'S LICENSE
 NUMBER;
    (II)    IN THE CASE OF AN ELECTOR WHO HAS NOT BEEN ISSUED A
 CURRENT AND VALID DRIVER'S LICENSE, THE LAST FOUR DIGITS OF THE
 ELECTOR'S SOCIAL SECURITY NUMBER;
    (III)   IN THE CASE OF AN ELECTOR WHO HAS A RELIGIOUS
 OBJECTION TO BEING PHOTOGRAPHED, A COPY OF A DOCUMENT THAT
 SATISFIES PARAGRAPH (1); OR
    (IV)    IN THE CASE OF AN ELECTOR WHO HAS NOT BEEN ISSUED A
 CURRENT AND VALID DRIVER'S LICENSE OR SOCIAL SECURITY NUMBER, A
 COPY OF A DOCUMENT THAT SATISFIES PARAGRAPH (2).]
    (1)    IN THE CASE OF AN ELECTOR WHO APPEARS TO VOTE UNDER
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 SECTION 1210:
    (I)    ONE OF THE FOLLOWING FORMS OF PHOTO IDENTIFICATION THAT
 SHOWS A PHOTO OF THE ELECTOR, THE NAME OF THE ELECTOR TO WHOM
 THE DOCUMENT WAS ISSUED AND THE NAME SUBSTANTIALLY MATCHES THE
 NAME OF THE ELECTOR AS IT APPEARS IN THE DISTRICT REGISTER:
    (A)    A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE
 COMMONWEALTH OR AN AGENCY THEREOF.
    (B)    A DOCUMENT ISSUED BY THE FEDERAL GOVERNMENT OR BY A
 FEDERALLY RECOGNIZED TRIBAL GOVERNMENT.
    (C)    A DOCUMENT FROM AN AGENCY OF THE ARMED FORCES OF THE
 UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE
 PENNSYLVANIA NATIONAL GUARD, ESTABLISHING THAT THE ELECTOR IS A
 CURRENT MEMBER OF OR VETERAN OF THE UNITED STATES ARMED FORCES
 OR NATIONAL GUARD.
    (D)    A DOCUMENT ISSUED BY A COUNTY, MUNICIPALITY OR SCHOOL
 DISTRICT OF THIS COMMONWEALTH.
    (E)    A FIREARM PERMIT.
    (F)    A STUDENT IDENTIFICATION CARD.
    (G)    AN EMPLOYEE IDENTIFICATION CARD ISSUED BY A PRIVATE OR
 PUBLIC EMPLOYER.
    (II)    IF AN ELECTOR DOES NOT HAVE PHOTO IDENTIFICATION AS
 PROVIDED FOR IN SUBPARAGRAPH (I), THE ELECTOR MAY PRESENT TO THE
 ELECTION OFFICER FOR EXAMINATION ONE OF THE FOLLOWING FORMS OF
 IDENTIFICATION THAT CONTAINS THE ELECTOR'S NAME AND THE NAME
 SUBSTANTIALLY MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN
 THE DISTRICT REGISTER:
    (A)    IN THE CASE OF AN ELECTOR WHO HAS A RELIGIOUS OBJECTION
 TO BEING PHOTOGRAPHED, A WITHOUT-PHOTO DRIVER'S LICENSE OR A
 WITHOUT-PHOTO IDENTIFICATION CARD ISSUED BY THE COMMONWEALTH.
    (B)    A DOCUMENT ISSUED BY THE COMMONWEALTH, OR AN AGENCY,
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 COUNTY, MUNICIPALITY OR SCHOOL DISTRICT OF THIS COMMONWEALTH,
 INCLUDING A VOTER IDENTIFICATION CARD ISSUED IN ACCORDANCE WITH
 25 PA.C.S. § 1328(C) (RELATING TO APPROVAL OF REGISTRATION
 APPLICATIONS).
    (C)    A DOCUMENT ISSUED BY THE FEDERAL GOVERNMENT OR BY A
 FEDERALLY RECOGNIZED TRIBAL GOVERNMENT.
    (D)    A DOCUMENT FROM A CARE FACILITY IN THIS COMMONWEALTH.
    (E)    A UTILITY BILL, INCLUDING A BILL FROM A CELLULAR
 TELECOMMUNICATIONS PROVIDER.
    (F)    A BANK STATEMENT.
    (G)    A PAYCHECK OR PAYSTUB.
    (H)    A GOVERNMENT CHECK.
    (I)    A PROOF OF INSURANCE DOCUMENT.
    (J)    A TAX FILING OR DOCUMENT.
    (K)    A REGISTRATION, FEE STATEMENT OR TRANSCRIPT FROM AN
 INSTITUTION OF HIGHER EDUCATION.
    (L)    A MORTGAGE DOCUMENT.
    (M)    A RESIDENTIAL LEASE.
    (III)    AN ELECTOR WHO IS UNABLE TO PROVIDE A FORM OF
 IDENTIFICATION UNDER SUBPARAGRAPH (I) OR (II) MAY PRESENT A
 QUALIFIED ELECTOR OF THE ELECTION DISTRICT WHO CAN VOUCH FOR THE
 ELECTOR'S IDENTITY. THE ELECTOR AND VOUCHER SHALL SIGN AN
 AFFIRMATION AFFIRMING THE NAME OF THE ELECTOR AND THAT THE
 VOUCHER PERSONALLY KNOWS THE ELECTOR. AN ELECTION OFFICIAL SHALL
 CONFIRM THAT THE NAME PROVIDED IN THE AFFIRMATION SUBSTANTIALLY
 MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN THE DISTRICT
 REGISTER. THE SECRETARY SHALL PRESCRIBE THE FORM OF AFFIRMATION
 WHICH SHALL INCLUDE DISCLOSURE OF THE PENALTIES UNDER SECTION
 1802.
    (IV)    AN ELECTOR WHO IS UNABLE TO PROVIDE A FORM OF
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 IDENTIFICATION UNDER SUBPARAGRAPH (I) OR (II) OR A VOUCHER UNDER
 SUBPARAGRAPH (III) MAY PROVIDE A FORM, PRESCRIBED BY THE
 SECRETARY OF THE COMMONWEALTH AND PROVIDED TO THE ELECTOR BY AN
 ELECTION OFFICER, ON WHICH THE ELECTOR SHALL PRINT THEIR NAME
 AND ADDRESS, AND AFFIRM THEIR IDENTITY. AN ELECTION OFFICER
 SHALL CONFIRM THAT THE NAME PROVIDED IN THE AFFIRMATION
 SUBSTANTIALLY MATCHES THE NAME OF THE ELECTOR AS IT APPEARS IN
 THE DISTRICT REGISTER. THE AFFIRMATION SHALL INCLUDE A
 DISCLOSURE OF THE PENALTIES UNDER SECTION 1802.
    * * *
    SECTION 206.    REQUIREMENTS RELATING TO VOTER
 IDENTIFICATION.--(A)   THE SECRETARY OF THE COMMONWEALTH SHALL
 PREPARE AND DISSEMINATE INFORMATION TO THE PUBLIC REGARDING THE
 PROOF OF IDENTIFICATION REQUIREMENTS ESTABLISHED UNDER SECTIONS
 1210 AND 1302.
    [(B)    NOTWITHSTANDING THE PROVISIONS OF 75 PA.C.S. § 1510(B)
 (RELATING TO ISSUANCE AND CONTENT OF DRIVER'S LICENSE) TO THE
 CONTRARY, THE DEPARTMENT OF TRANSPORTATION SHALL ISSUE AN
 IDENTIFICATION CARD DESCRIBED IN 75 PA.C.S. § 1510(B) AT NO COST
 TO ANY REGISTERED ELECTOR WHO HAS MADE APPLICATION THEREFOR AND
 HAS INCLUDED WITH THE COMPLETED APPLICATION A STATEMENT SIGNED
 BY THE ELECTOR DECLARING UNDER OATH OR AFFIRMATION THAT THE
 ELECTOR DOES NOT POSSESS PROOF OF IDENTIFICATION AS DEFINED IN
 SECTION 102(Z.5)(2) AND REQUIRES PROOF OF IDENTIFICATION FOR
 VOTING PURPOSES.
    (C)    THE SECRETARY OF THE COMMONWEALTH SHALL PREPARE THE FORM
 OF THE STATEMENT DESCRIBED IN SUBSECTION (B) AND SHALL
 DISTRIBUTE THE FORM TO THE COUNTIES AND THE DEPARTMENT OF
 TRANSPORTATION. THE SECRETARY OF THE COMMONWEALTH, THE SECRETARY
 OF TRANSPORTATION AND THE COUNTY BOARDS OF ELECTION SHALL
20230SB0224PN1171                   - 7 -
 DISSEMINATE INFORMATION TO THE PUBLIC REGARDING THE AVAILABILITY
 OF IDENTIFICATION CARDS UNDER SUBSECTION (B).]
    Section 603.   General Primary; Candidates to Be Nominated and
 Party Officers to Be Elected.--(a)    There shall be a General
 primary preceding each general election which shall be held on
 the third Tuesday of May in all even-numbered years, except in
 the year of the nomination of a President of the United States,
 in which year the General primary shall be held on the fourth
 Tuesday of April. Candidates for all offices to be filled at the
 ensuing general election shall be nominated at the General
 primary. The vote for candidates for the office of President of
 the United States, as provided for by this act, shall be cast at
 the General primary.
    (b.1)   Notwithstanding subsection (a), the General primary
 for 2000 shall be held on April 4, 2000.
    (b.2)   Notwithstanding subsection (a), the General primary
 for 2024 shall be held on March 19, 2024.
    Section 908.   Manner of Signing Nomination Petitions; Time of
 Circulating.--
    (1)   Each signer of a nomination petition shall sign but one
 such petition for each office to be filled, and shall declare
 therein that he is a registered and enrolled member of the party
 designated in such petition: Provided, however, That where there
 are to be elected two or more persons to the same office, each
 signer may sign petitions for as many candidates for such office
 as, and no more than, he could vote for at the succeeding
 election. He shall also declare therein that he is a qualified
 elector of the county therein named, and in case the nomination
 is not to be made or candidates are not to be elected by the
 electors of the State at large, of the political district
20230SB0224PN1171                  - 8 -
 therein named, in which the nomination is to be made or the
 election is to be held. He shall add his address where he is
 duly registered and enrolled, giving city, borough or township,
 with street and number, if any, and shall legibly print his name
 and add the date of signing, expressed in words or numbers:
 Provided, however, That if the said political district named in
 the petition lies wholly within any city, borough or township,
 or is coextensive with same, it shall not be necessary for any
 signer of a nomination petition to state therein the city,
 borough or township of his residence. [No]
    (2)    Except as provided under paragraph (3), no nomination
 petition shall be circulated prior to the thirteenth Tuesday
 before the primary, and no signature shall be counted unless it
 bears a date affixed not earlier than the thirteenth Tuesday nor
 later than the tenth Tuesday prior to the primary.
    (3)    For the general primary election that occurs in 2024, no
 nomination petition shall be circulated prior to the eleventh         <--
 TWELFTH Tuesday before the primary and no signature shall be          <--
 counted unless it bears a date affixed not earlier than the
 eleventh TWELFTH Tuesday nor later than the eighth NINTH Tuesday <--
 prior to the primary.
    Section 913.   Place and Time of Filing Nomination Petitions;
 Filing Fees.--* * *
    [(d)    All] (d)   (1)   Except as provided under paragraph (2),
 all nomination petitions shall be filed on or before the tenth
 Tuesday prior to the primary.
    (2)    For the general primary election that occurs in 2024,
 all nomination petitions shall be filed on or before the eighth       <--
 NINTH Tuesday prior to the primary.