Bill Summary – FastDemocracy

PRINTER'S NO.   1836
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1293
                                               Session of
                                                 2024
     INTRODUCED BY COLEMAN, DUSH AND J. WARD, JULY 17, 2024
     REFERRED TO STATE GOVERNMENT, JULY 17, 2024
                                    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 electronic voting systems, further providing
    for definitions and for supplies and preparation of the
    voting system and of polling places and providing for pre-
    election logic and accuracy testing; and, in penalties,
    providing for falsification of election-related documentation
    regarding pre-election logic and accuracy testing.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 1101-A of the act of June 3, 1937
 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
 amended by adding definitions to read:
    Section 1101-A.    Definitions.--As used in this article:
    * * *
    "Ballot set" means one of any ballot type that is used for
 any method of voting, including absentee ballot voting, mail-in
 ballot voting, voting in-person at a polling place or voting by
 emergency paper ballot. Each ballot set shall be comprised of
 ballots with various ballot styles.
    "Ballot style" means a ballot's particular array of election
 contests and candidates specific to an election district.
    * * *
    Section 2.   Section 1110-A(d) and (e) of the act are amended
 and the section is amended by adding a subsection to read:
    Section 1110-A.   Supplies; Preparation of the Voting System
 and of Polling Places.--* * *
    (a.1)   Notwithstanding section 1007(a), for electronic voting
 systems utilizing paper ballots that are printed by the voting
 device at the polling place after the registered elector has
 made their selections, the county board of elections shall
 preprint official election ballots for use as emergency paper
 ballots in the case where the voting device is not operable, and
 the county board of elections shall furnish the emergency paper
 ballots to each election district in an amount equal to at least
 twenty (20) per centum of the total number of registered
 electors in an election district.
    * * *
    [(d)    On or before the fortieth day preceding any election,
 the county board of elections shall mail to the chairman of the
 county committee of each political party which shall be entitled
 under existing laws to participate in primary elections within
 the county, and to the chairman or presiding officer of any
 organization of citizens within the county which has as its
 purpose or among its purposes the investigation or prosecution
 of election frauds and which has registered its name and address
 and the names of its principal officers with the county board of
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 elections at least fifty days before the election, a written
 notice stating the times when and the place or places where
 preparation of the system and its components for use in the
 several election districts in the county or municipality will be
 started. One representative of each such political party,
 certified by the respective chairman of the county committee of
 such party, and one representative of each such organization of
 citizens, certified by the respective chairman or presiding
 officer of such organization shall be entitled to be present
 during the preparation of the voting system and its components
 and to see that they are properly prepared and are in proper
 condition and order for use. Such representatives shall not
 interfere with the preparation of the system and its components,
 and the county board may make reasonable rules and regulations
 governing the conduct of such representatives.
    (e)   Prior to the delivery of any automatic tabulating
 equipment to any election district the county board of elections
 shall examine or cause to have examined such equipment and shall
 make a certificate stating:
    (1)   the identifying number and election district designation
 of the equipment;
    (2)   that the equipment is suitable for use in the particular
 election district designated;
    (3)   that the equipment has been tested to ascertain that it
 will accurately compute the votes cast for all offices and all
 questions;
    (4)   that the offices and questions on the official ballot
 correspond in all respects with the ballot labels assigned to
 such particular election district;
    (5)   that the public counter and the counters for each
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 candidate position and each question are all set at zero and
 that element that generates a printed record of the results of
 the election is functioning correctly; and
       (6)    the number on the seal with which the equipment is
 sealed.]
       * * *
       Section 3.    The act is amended by adding sections to read:
       Section 1110.1-A.    Pre-election Logic and Accuracy Testing.--
 (a)    Prior to any election in which an electronic voting system
 may be used, the county board of elections shall complete logic
 and accuracy testing as provided in this section for the purpose
 of ensuring that electronic voting equipment functions as
 expected and that votes are accurately tabulated. The logic and
 accuracy testing shall be sufficient to determine that the
 voting system is properly programmed, the election is correctly
 defined on the voting system, and all of the voting system
 input, output and communication devices are working properly.
       (b)    Logic and accuracy testing shall be completed as soon as
 ballots are available but, if any proceeding is pending in a
 Federal or State court which would affect the contents of any
 ballot, testing shall be completed no later than the eleventh
 day prior to the election.
       (c)    During logic and accuracy testing, the county board of
 elections shall:
       (1)    For each electronic voting device which may be used in
 the upcoming election:
       (i)    Generate a report which shows the contest order and
 confirm that the contest order as reported matches the expected
 contest order.
       (ii)    Mark, in all available languages, and print ballots for
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 each ballot style using the touchscreen and any other assistive
 device provided by the manufacturer and using a predetermined
 voting pattern designed so that each contest, and each choice
 within each contest, is given a unique number of votes.
    (iii)   Review the printed ballots to ensure that the ballots
 were accurately printed and the votes contained on the printed
 ballot match the choices designated by the tester.
    (iv)    Scan the printed ballots to ensure that the ballots
 will scan and generate the expected results.
    (v)    Shut down, lock and seal the voting device.
    (vi)    Execute a written statement setting forth the
 electronic voting devices tested, the results of the testing,
 the protective counter numbers, if applicable, of each voting
 device, the number of the seal securing each voting device at
 the conclusion of testing, any problems reported to the board as
 a result of the testing and whether each electronic voting
 device tested is satisfactory or unsatisfactory.
    (vii)   Prior to the delivery of an electronic voting device
 to an election district, examine, or cause to be examined, the
 equipment and shall make a certificate stating the identifying
 number and election district designation of the equipment.
    (2)    For each piece of automatic tabulating equipment which
 may be used in the upcoming election:
    (i)    Generate a report which shows the total number of votes
 for all contests and candidates and confirm that the totals show
 as zero for all contests and candidates.
    (ii)    Scan premarked ballots for each ballot style using a
 predetermined voting pattern designed so that each contest, and
 each choice within each contest, is given a unique number of
 votes.
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    (iii)    Generate a report which shows the vote totals for each
 contest and candidate and compare the reported results to the
 expected results to ensure that the automatic tabulating
 equipment will generate the expected results.
    (iv)    Reset all vote totals, shut down, lock and seal the
 automated tabulating equipment.
    (v)    Execute a written statement setting forth the automatic
 tabulation equipment tested, the results of the testing, the
 protective counter numbers, if applicable, of each automatic
 tabulating device, the number of the seal securing each
 automatic tabulating device at the conclusion of testing, any
 problems reported to the board as a result of the testing and
 whether each device tested is satisfactory or unsatisfactory.
    (vi)    Prior to the delivery of automatic tabulating equipment
 to an election district, examine, or cause to be examined, the
 equipment and shall make a certificate stating the identifying
 number and election district designation of the equipment.
    (d)    The Secretary of the Commonwealth may prescribe
 additional requirements relating to logic and accuracy testing
 as the    Secretary of the Commonwealth deems appropriate and may
 issue directives and instructions for implementation of this
 section. Directives issued by the       Secretary of the Commonwealth
 may not conflict with the requirements on this section.
    (e)    No later than seven days prior to beginning logic and
 accuracy testing, the county board of elections shall give
 notice of the location, date and time logic and accuracy testing
 will be conducted as follows:
    (1)    The county board of elections shall mail notice to the
 chairman of the county committee of each political party
 entitled under law to participate in primary elections within
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 the county, and to the chairman or presiding officer of any
 organization of citizens within the county which has as its
 purpose or among its purposes the investigation or prosecution
 of election frauds and which has registered its name and address
 and the names of its principal officers with the county board of
 elections by the first Monday in February of the year.
    (2)     The county board of elections shall post notice to its
 publicly accessible Internet website.
    (3)     The county board of elections shall publish notice in
 accordance with section 106.
    (f)     The county board of elections shall allow in-person
 observation of its logic and accuracy testing. The following
 shall apply:
    (1)     One representative from each political party whose
 chairman was entitled to receive notice under subsection (e)(1)
 may observe the logic and accuracy testing if the representative
 is certified by the chairman of the county committee of the
 party.
    (2)     One representative of each organization entitled to
 receive notice under subsection (e)(1) may observe the logic and
 accuracy testing if the representative is certified by the
 chairman or presiding officer of the organization.
    (3)     Any registered elector of the county who gives the
 county board of elections at least twenty-four hours' notice may
 observe the logic and accuracy testing.
    (4)     A representative or a registered elector who observes
 the logic and accuracy testing shall not interfere with the
 testing.
    (5)     The county board of elections may make reasonable rules
 and regulations governing the conduct of the representatives and
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 registered electors. The rules and regulations must be published
 as part of the notice required under subsection (e).
    (g)    No later than five days after completing logic and
 accuracy testing, the county board of elections shall certify
 compliance with the requirements of this section to the
 Secretary of the Commonwealth in a manner and on a form as
 prescribed by the Secretary of the Commonwealth . The Department
 of State shall post each certification received by the
 Secretary of the Commonwealth under this subsection to its
 publicly accessible Internet website.
    (h)    If the county board of elections fails to comply with
 this section, or with any directives or instructions issued by
 the Secretary of the Commonwealth under this section, the
 following shall apply:
    (1)    Except as provided in paragraph (2) and section 1854,
 only the Secretary of the Commonwealth may bring an action to
 enforce this section and may introduce as evidence the failure
 of the county board of elections to comply with this section or
 any directives or instructions issued by the   Secretary of the
 Commonwealth under this section.
    (2)    The Department of State shall implement a system for any
 legally registered Pennsylvania voter to submit complaints for
 noncompliance in accordance with the following:
    (i)    After the submission of a complaint, the Department of
 State shall issue a decision in five business days.
    (ii)    The decision may be appealed to Commonwealth Court.
    (iii)    All expenses shall be paid by the voter.
    (3)    The failure shall not be the sole cause or justification
 for delaying or refusing to perform any duty assigned under this
 act, including the county board of elections' duty to receive,
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 canvass, compute and certify the returns of each election under
 section 302(k).
    Section 1856.    Falsification of Election-related
 Documentation Regarding Pre-election Logic and Accuracy
 Testing.--The Secretary of the Commonwealth, member of a county
 board of elections, chief clerk, employe, overseer, judge of
 election, inspector of election, clerk of election, machine
 inspector or custodian or deputy custodian of voting machines on
 whom a duty is imposed by this act who knowingly makes a false
 statement, representation or certification in a list, record or
 other document required to be maintained under section 1110.1-A
 or who intentionally or deliberately refrains from complying
 with section 1110-A(a.1) or 1110.1-A commits a misdemeanor and,
 upon conviction thereof, shall be sentenced to pay a fine not
 exceeding one thousand ($1,000) dollars, or to undergo
 imprisonment of not more than two (2) years, or both, in the
 discretion of the court.
    Section 4.     This act shall take effect immediately.
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Statutes/Laws affected: 
Printer's No. 1836: P.L.1333, No.320