Amendment vs bill House Amendment A06003 vs Printer's No. PN0997

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PRINTER'S NO.
H0976B2157A06003 MSP:JSL 10/16/24 #90 A06003 AMENDMENTS TO HOUSE BILL NO.
997 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
976 (As amended by A06002) Sponsor:
976 2023 INTROZZI, SAPPEY, SMITH AND SOLOMON, APRIL 24, 2023 NELSON, REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 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;
REPRESENTATIVE McCLINTON Printer's No.
creating imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners;
2157 Amend Bill, page 1, line 25 (A06002), by inserting after "challenges;" providing for in-person early voting in elections;
imposing penalties for violation of the act, and codifying, revising and consolidating the laws relating thereto;
Amend Bill, page 3, lines 19 and 20 (A06002), by striking out all of said lines and inserting Section 4.
and repealing certain acts and parts of acts relating to elections," in preliminary provisions, further providing for definitions;
in qualifications of electors, further providing for qualifications of electors at primaries;
in party organization, further providing for only enrolled electors to vote at primaries or hold party offices;
in nomination of candidates, further providing for candidates to be nominated and party officers to be elected at primaries and providing for procedure for unenrolled electors to cast primary ballots;
and, in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, made in district register, numbered lists of voters and to be challenges.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
Section 102 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, is amended by adding a definition 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:
* * * (z.7) The words "unenrolled elector" shall mean a person who is registered to vote within an election district but not enrolled as a member of a political party.
Section 2.
Sections 702, 802 and 902 of the act are amended to read:
Section 702.
Qualifications of Electors at Primaries.--(a) The qualifications of electors entitled to vote at primaries shall be the same as the qualifications of electors entitled to vote at elections within the election district where the primary is held[, provided that no elector who is not registered and enrolled as a member of a political party, in accordance with the provisions of this act, shall be permitted to vote the ballot of such party or any other party ballot at any primary].
(b) Unenrolled electors shall be permitted to vote in primary elections in accordance with the procedures specified in section 902.1.
Section 802.
Only Enrolled Electors to [Vote at Primaries or] Hold Party Offices.--No person who is not registered and enrolled as a member of a political party shall be entitled to [vote at any primary of such party or to] be elected or serve as a party officer, or a member or officer of any party committee, or delegate or alternate delegate to any party convention.
Section 902.
Candidates to Be Nominated and Party Officers to Be Elected at Primaries.--All candidates of political parties, as defined in section 801 of this act, for the offices of United States Senator, Representative in Congress and for all 20230HB0976PN0997 - 2 - other elective public offices within this State, except that of presidential electors, shall be nominated, and party delegates and alternate delegates, committeemen and officers who, under the provisions of Article VIII of this act or under the party rules, are required to be elected by the party electors, shall be elected at primaries held in accordance with the provisions of this act, except as otherwise provided in this act.
In the years when candidates for the office of President of the United States are to be nominated, every registered and enrolled member of a political party and unenrolled elector under section 902.1 shall have the opportunity at the Spring primary in such years to vote [his] a preference for one person to be the candidate of [his] a political party for President.
Section 3.
The act is amended by adding a section to read:
Section 902.1.
Procedure for Unenrolled Electors to Cast Primary Ballots.--Upon confirming an unenrolled elector's status as a registered elector, the elections officer shall ask the unenrolled elector in which political party's primary the unenrolled elector desires to vote, and the elections officer upon reply shall record the unenrolled elector's selection upon the unenrolled elector's certificate and for the purpose of that ballot only shall be deemed enrolled in that party.
Section 4.
Section 1210.
Amend Bill, page 4, by inserting between lines 5 and 6 (A06002) Section 4.1.
Manner of Applying to Vote;
The act is amended by adding an article to read:
Persons Entitled to Vote;
ARTICLE XII-A IN-PERSON EARLY VOTING IN ELECTIONS Section 1201-A.
Voter's Certificates;
Conduct.
Entries to Be Made in District Register;
(a) Authority.--Notwithstanding any law to the contrary, each county board shall provide for a period of in-person early voting in elections as provided for under this article.
Numbered Lists of Voters;
(b) Issuance of ballots and voting booths.-- (1) A registered elector may request to vote early in person at any early voting location in the county of their residence.
Challenges.--* * * (d) No person, except a qualified elector who is in actual military or naval service under a requisition of the President of the United States or by the authority of this Commonwealth, and who votes under the provisions of Article XIII of this act, 20230HB0976PN0997 - 3 - shall be entitled or permitted to vote at any primary or election at any polling place outside the election district in which [he] the qualified elector resides, nor shall [he] the qualified elector be permitted to vote in the election district in which [he] the qualified elector resides, unless [he] the qualified elector has been personally registered as an elector and [his] the qualified elector's registration card appears in the district register of such election district, except by order of the court of common pleas as provided in this act, and any person, although personally registered as an elector, may be challenged by any qualified elector, election officer, overseer, or watcher at any primary or election as to [his] the qualified elector's identity, as to [his] the qualified elector's continued residence in the election district or as to any alleged violation of the provisions of section 1210 of this act, and if challenged as to identity or residence, [he] the qualified elector shall produce at least one qualified elector of the election district as a witness, who shall make affidavit of [his] the qualified elector's identity or continued residence in the election district:
The county board shall issue a ballot to the registered elector or, in the case of an electronic voting system under Article XI-A, permit the registered elector to vote on the county voting system for in-person early voting.
Provided, however, That no person shall be entitled to vote as a member of a party at any primary, unless [he] the person is:
Except as otherwise provided under this article, a registered elector who appears for early voting must vote on the premises designated by the county board for early voting and must be offered the same voting system in use by the county on election day.
(1) registered and enrolled as a member of such party upon the district register, which enrollment shall be conclusive as to [his] party membership and shall not be subject to challenge on the day of the primary[.];
(2) During the period for early voting prescribed under section 1203-A, each county board shall provide ballots or voting booths with electronic voting systems certified by the secretary and other suitable equipment for voting on the premises of the county board and at all other early voting locations established by the county board for the conduct of 2024/90MSP/HB0976A06003 - 1 - early voting in accordance with this article.
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or (2) an unenrolled elector, in which case the person may vote for the candidates of the party of the unenrolled elector's choice in accordance with the procedures specified in section 902.1.
Each ballot style must be available in each early voting location, allowing any registered voter of the county to vote in any of the early voting locations.
The unenrolled elector's choice of party at one primary 20230HB0976PN0997 - 4 - election shall not preclude the unenrolled elector from choosing a different party in a subsequent primary election.
(3) In conducting early voting under this article, an early voting election official shall verify the signature of the early voter by comparison with the signature on the district register and shall verify:
* * * Section 5.
(i) that the voter is a registered elector;
This act shall take effect immediately.
(ii) the election district in which the voter is registered;
20230HB0976PN0997 - 5 -
(iii) that the voter has not already voted;
(iv) the proper ballot of the election district in which the registered elector resides and is entitled to vote before providing an early voting ballot to the applicant, in accordance with section 1210;
and (v) the voter's registration from the most recent district register provided by the county board.
If the voter is not listed, the election official shall contact the office of the county board to determine what further action the voter must take to register or vote.
(4) The election official shall maintain a list of all voters who appeared to vote in person.
At the end of each early voting day, the list of voters who appeared and cast an early voting ballot shall be transmitted to the county board and entered into the SURE system.
(c) Lists of early voters.--The county board shall maintain a list of each registered elector in each election district who votes.
The list must be maintained for each election district in the county and updated daily.
The county board shall deliver an updated district register listing voters who have already voted at each early voting location before the start of early voting the following day.
(d) General register.--The county board shall indicate in the general register, or any other system used to update voter histories in real time, whether a voter has voted early in the election.
A voter who is listed in the general register as having voted early shall not be permitted to vote by any other method permitted by law, including at their polling place on any primary or election day.
(e) Provisional ballot.--Notwithstanding any other provision in this section, a voter who believes they have been erroneously listed as having voted shall be permitted to vote a provisional ballot in accordance with section 1210.
Section 1202-A.
Early voting locations.
(a) Minimum location requirement.--A county board shall establish at least two early voting locations for in-person early voting in the county.
At least one location shall be at an office of the county board.
(b) Minimum population requirement.--In addition to the requirement under subsection (a), a county board shall establish 2024/90MSP/HB0976A06003 - 2 - one early voting location for in-person early voting for every 100,000 residents of the county as determined by the most recent Federal decennial census and each annual American Community Survey population update.
(c) Additional locations.--In addition to the requirements for early voting locations under subsections (a) and (b), a county board may establish additional early voting locations for in-person early voting.
(d) Location.--Early voting locations may be located in any location eligible to be selected as a polling place under Article V.
(e) Voting.--A registered elector entitled to early voting may vote early at any early voting location established by the county board.
(f) Factors.--For an early voting location established under this section or section 1204-A and not located at an office of the county board, the site must be geographically located to provide all voters in the county an equal opportunity to cast a ballot, as much as practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated number of voters.
The county board shall consider the following factors:
(1) proximity to public transportation lines and availability of parking;
(2) proximity to communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period;
(3) proximity to nursing homes, hospitals, long-term care facilities, and public universities or community colleges;
(4) travel time to the early voting location;
(5) commuter traffic patterns;
(6) geographic features that may affect an elector's equitable access to early voting locations;
(7) population density;
(8) use of existing voting locations that typically serve a significant number of electors;
(9) use of public buildings that are known to electors in the county, especially to the extent that using the buildings results in cost savings compared to other potential locations;
and (10) if private locations are considered or designated as early voting locations, methods and standards to ensure the security of voting conducted at the locations.
(g) Accessibility.--Early voting locations shall be accessible to persons with disabilities and provide accessible voting systems or a means for a person with a disability to vote.
(h) Prohibition.--An individual within an early voting location or temporary early voting location may not electioneer or solicit votes for a political party, political body, candidate or in support or opposition of a ballot question.
2024/90MSP/HB0976A06003 - 3 - Written or printed material may not be posted within the early voting location or temporary early voting location, except as required under this act.
(i) Distance.--All persons except for an appointed election officer, county designated election official, clerk, machine inspector, overseer, watcher, person in the course of voting, including a person delivering an absentee or mail-in ballot to a ballot drop box located in the early voting location, person lawfully giving assistance to a voter and peace or police officer, when permitted under this act, must remain at least 10 feet distant from the early voting location or temporary early voting location during the progress of the voting.
(j) Early voting location officials.-- (1) The county board shall designate a county employee or, if a county employee is unavailable, appoint a duly elected judge of elections from any election district in the county to serve as the presiding election officer in charge at an early voting location.
(2) The county board shall also appoint as many additional election officials and clerks as needed to sufficiently staff and operate an early voting location.
(3) If appointing election officials at early voting locations, the county board shall appoint individuals from different political parties, including nonaffiliated voters.
(4) The duties of the election officials in carrying out the procedures of voting at early voting locations shall comply with the duties of district election officers under this act.
(5) All individuals appointed to serve at early voting locations must attend training provided by the county board before they can serve at the early voting location.
(6) An election officer, elected or appointed in an election district, may be appointed as an election official or clerk in an early voting location, unless prohibited by law.
(7) The secretary shall issue requirements and qualifications for training and appropriate daily rates, as permitted by law, for compensation of staff at early voting locations.
(8) All early voting location officials and staff must be registered voters of the county.
(k) Watcher.--Each candidate and each party or political body may appoint one watcher consistent with section 417 who shall be present within the early voting location or temporary early voting location from the time that county designees meet prior to the opening of the early voting location or temporary early voting location until the time that county designees depart the early voting location or temporary early voting location.
A watcher must be a qualified elector of the county in which the watcher serves and must show their certificate if requested to do so.
2024/90MSP/HB0976A06003 - 4 - (l) Voters permitted to vote.--When the hour for closing the early voting location arrives, all qualified electors who have already qualified, and are inside the enclosed space, shall be permitted to vote.
Qualified electors who are in the early voting location outside the enclosed space waiting to vote and voters who are in line either inside or outside of the early voting location waiting to vote, shall be permitted to vote.
Section 1203-A.
Period for early voting.
(a) Commencement and ending.--The period for in-person early voting shall begin on the 17th day preceding the date of an election and extend through 8 p.m.
on the Sunday before election day.
(b) Schedule.--Except as provided under subsection (c), each early voting location must remain open beginning the 17th day before an election during the hours of 7 a.m.
through 8 p.m.
the Sunday before election day.
(c) Emergency closure.--Notwithstanding subsection (b), a county board may close an early voting location if the building in which the early voting location is located has been closed in response to a severe weather emergency or other emergency.
The county board shall notify the Secretary of the Commonwealth of each closure and shall make reasonable efforts to provide notice to the public of an alternative early voting location under section 1204-A.
(d) Security of ballots and voting equipment.--The county board shall ensure that each ballot, scanner and other voting equipment used during the early voting period are secured in accordance with Article XI-A.
The following shall apply:
(1) At the beginning of each day of early voting, the early voting location officials shall examine every ballot box, scanner and tabulator, if applicable, to ensure that they remain locked and sealed.
Upon completion of their examination, the early voting location officials shall sign a declaration attesting to the same on a form prescribed by the Secretary of the Commonwealth.
(2) At the end of each day of early voting, the early voting location officials shall examine every ballot box, scanner and tabulator, if applicable, to ensure that they remain locked and sealed.
Upon completion of their examination, the early voting location officials shall sign a declaration attesting to the same on a form prescribed by the Secretary of the Commonwealth.
(3) All voting equipment and materials shall be secured each day in a manner that ensures that access shall be limited only to designated election officials.
A daily written record of persons who entered the secured locations shall be kept and transmitted to the county board at the end of the early voting period.
(4) At the conclusion of each day of early voting, the ballot box containing paper ballots or voter verified paper records shall be emptied and the paper ballots or voter 2024/90MSP/HB0976A06003 - 5 - verified paper records shall be placed in a secure transit container, locked and sealed with a tamper evident seal.
The ballots shall be transported by at least two election officials from the early voting location or others designated by the county board, each from a different major political party, to the county board for secure storage until official canvass of votes.
(5) At the conclusion of the early voting period, election officials shall follow the procedures for closing the polls as provided for in this act.
All voting materials, paper ballots, voter verified paper records and all digital storage devices shall be securely transmitted to the county board for inclusion in the official tally of the election returns.
Provided, that no results of early voting shall be disclosed until after the close of the polls on primary or election day.
(6) The secretary shall issue directives or instructions for secure chain of custody protocols for early voting locations consistent with national best practices.
Section 1204-A.
Designation of temporary early voting locations.
(a) Temporary early voting locations.--In addition to early voting locations established under section 1202-A, the county board may establish temporary early voting locations for early voting due to an emergency closure under section 1202-A or to provide sufficient access to voters in the county.
Temporary early voting locations may be located in any location eligible to be selected as a polling place under Article V.
(b) Applicability of schedule.-- (1) The schedule for the conduct of early voting under section 1203-A(b) shall apply to temporary early voting locations unless an exception is granted by the secretary.
Early voting at temporary early voting locations may be conducted on one or more days and during hours within the early voting period established for in-person early voting under section 1203-A(b) if permitted by the secretary.
(2) The schedule for the conduct of early voting at a temporary early voting location shall not need to be uniform among the temporary early voting locations if approved by the secretary.
(3) Publication of temporary early voting locations and schedules under section 1206-A shall occur at least 10 days before early voting begins unless the temporary early voting location is established within 10 days of early voting beginning or is established after early voting begins, in which case:
(i) a notice of the temporary early voting location shall be posted at the original early voting location with the address for the temporary early voting location and the hours of operation;
(ii) as soon as the county board determines the 2024/90MSP/HB0976A06003 - 6 - temporary voting location, notice of the address and schedule shall be published;
and (iii) notice of the early voting location and schedule shall be posted on the county's publicly accessible Internet website.
Section 1205-A.
Public buildings.
(a) Early voting locations.-- (1) Upon request by a county board, the governing body of a municipality shall make public buildings within the county available as early voting locations without charge.
A request to use a public building shall include reasonably necessary time before and after the period that early voting will be conducted at the public building.
(2) A municipality making a public building available as an early voting location shall ensure that any portion of the building made available is accessible to voters with disabilities and elderly voters.
(b) Use of school.--Notwithstanding any other provision of law, a school may only be used as an in-person early voting location if voting can occur separately without access to other areas of the school or school children and the location and access comply with the general security procedures in force at the school.
Section 1206-A.
Publication of early voting locations and schedules.
(a) Notice.--No later than 30 days before an election, the county board shall publish in a newspaper of general circulation in the county a schedule stating:
(1) the location of each early voting location;
(2) the location of each temporary early voting location;
and (3) the dates and hours that early voting will be conducted at each early voting and temporary early voting location.
(b) Posting requirements.--Each county board shall post a copy of the schedule at an office or other location that is to be used as an early voting or temporary early voting location.
The schedule must be posted continuously and updated for a period beginning not later than the 10th day before the commencement of early voting and ending on the last day of the early voting period.
(c) Copies.--The county board must make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
(d) Electronic posting.-- (1) If the county board maintains a publicly accessible Internet website, the county board shall make the schedule available on the website no later than 30 days before the election.
(2) A municipality within the county that maintains a publicly accessible Internet website shall also make the 2024/90MSP/HB0976A06003 - 7 - schedule available on the website no later than 30 days before the election.
(e) Prohibition and exception after schedule publication.-- (1) Additional early voting locations may not be established after the schedule is published under this section.
(2) Additional temporary early voting locations may be established after the schedule is published if the temporary early voting locations are open to each registered elector.
The locations, dates and hours of each additional temporary early voting location shall be reported to the Secretary of the Commonwealth and posted on the publicly accessible Internet website of the county board, the county and any municipality located within the county.
Section 1207-A.
List of early voting locations.
No later than 30 days before the commencement of early voting, each county board shall provide the Secretary of the Commonwealth with a list of each early voting location and the hours each location will be open for early voting.
The secretary shall develop a tool on the department's publicly accessible Internet website for voters to find early voting locations and temporary early voting locations in their counties.
Section 1208-A.
Results.
Results of early voting may not be made available to the public other than through the tabulation process used for votes cast on election day, after the closing of polls.
Section 1209-A.
Directives of secretary.
(a) General rule.--The secretary shall issue a directive to counties specifying in-person early voting polling procedures and best practices to ensure uniform implementation in every county.
(b) Additional directives.--The secretary may issue additional directives as necessary in order to facilitate the administration of early voting and temporary early voting locations.
Section 4.2.
Sections 1302(b) and (b.1), 1302-D(b), 1404(b) and 1824 of the act are amended to read:
Amend Bill, page 6, line 49 (A06002), by striking out "immediately." and inserting as follows:
(1) The addition of Article XII-A of the act shall take effect January 1, 2027.
(2) The remainder of this act shall take effect immediately.
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