Amendment vs bill House Amendment A07891 vs Printer's No. 4611

Struck = removed from the bill · added = the amendment's new text.

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PRINTER'S NO.
H1100R4611A07891 NAD:JSL 11/17/20 #90 A07891 AMENDMENTS TO HOUSE RESOLUTION NO.
4611 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE RESOLUTION Session of No.
1100 Sponsor:
1100 2020 INTRODUCED BY TOPPER, NOVEMBER 17, 2020 REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 17, 2020 A RESOLUTION Directing the Legislative Budget and Finance Committee to coordinate a risk-limiting audit of ballots canvassed in the 2020 general election.
REPRESENTATIVE KENYATTA Printer's No.
WHEREAS, The 2020 Pennsylvania general election results have generated a significant amount of interest among our citizens;
4611 Amend Resolution, page 1, lines 9 through 12, by striking out all of said lines 2020/90NAD/HR1100A07891 - 1 -
and WHEREAS, Counties across Pennsylvania continue their work to count ballots and certify election returns;
and WHEREAS, Actions taken by the Pennsylvania Supreme Court and the Department of State in the weeks leading up to the general election have created confusion for citizens and county election officials;
and WHEREAS, The enactment of Act 77 of 2019 and Act 12 of 2020 provided comprehensive amendments to the Pennsylvania Election Code and made significant changes to the elections process in Pennsylvania which were used for the first time in the 2020 primary and general elections;
and WHEREAS, A litany of inconsistencies have followed from Federal and State court decisions, orders and administrative guidance, including the dismissal of signature requirements for mail-in ballots, certain counties allowing for curative measures, counties not following the United States Supreme Court ruling requiring ballots received after election day to be segregated and more;
and WHEREAS, Pennsylvania citizens have questioned the process by which the 2020 general election has been conducted, regardless of which candidate or party may prevail;
and WHEREAS, The Commonwealth must take every possible step to ensure that all Pennsylvanians and all Americans know that our Commonwealth has conducted the 2020 general election with integrity;
therefore be it RESOLVED, That the House of Representatives direct the Legislative Budget and Finance Committee to coordinate and manage a risk-limiting audit of the 2020 general election;
and be it further RESOLVED, That the audit shall include statistically significant samples chosen from each county in this Commonwealth;
and be it further RESOLVED, That the Legislative Budget and Finance Committee may contract with an outside auditing agency or firm to conduct the audit;
and be it further RESOLVED, That the Legislative Budget and Finance Committee shall issue a report, as directed by this resolution, of the 2020 general election to accompany the audit;
and be it further RESOLVED, That the report issued pursuant to this resolution by the Legislative Budget and Finance Committee shall include, but not be limited to, the following data relating to the administration of the 2020 general election by the Department of State, a county board of elections under Article III of the 20200HR1100PN4611 - 2 - Pennsylvania Election Code or a registration commission established under 25 Pa.C.S.
§ 1203:
(1) For each county and the sum for this Commonwealth, the number of applications for an absentee ballot which were received by the county boards of elections.
(2) For each county and the sum for this Commonwealth, the number of applications for a mail-in ballot which were received by the county board of elections.
(3) For each county and the sum for this Commonwealth, the number of applications for an absentee ballot which were approved by the county board of elections.
(4) For each county and the sum for this Commonwealth, the number of applications for a mail-in ballot which were approved by the county board of elections.
(5) For each county and the sum for this Commonwealth, the number of absentee ballots returned by qualified electors which were canvassed.
(6) For each county and the sum for this Commonwealth, the number of mail-in ballots returned by qualified electors which were canvassed.
(7) For each county and the sum for this Commonwealth, the number of qualified electors voting by a provisional ballot under section 1210(a.4) of the Pennsylvania Election Code.
(8) For each county and the sum for this Commonwealth, the number of qualified electors voting by a provisional ballot under section 1306(b)(2) of the Pennsylvania Election Code.
(9) For each county and the sum for this Commonwealth, the number of qualified electors voting by provisional ballot 20200HR1100PN4611 - 3 - under section 1306-D(b)(2) of the Pennsylvania Election Code.
(10) For each county and the sum for this Commonwealth, the number of provisional ballots under paragraphs (7), (8) and (9) which were canvassed.
(11) For each county and the sum for this Commonwealth, the number of applications for an absentee ballot by an individual who was not a registered elector at the time of the application and for whom a voter registration application was timely received after the application for an absentee ballot was received.
(12) For each county and the sum for this Commonwealth, the number of applications for a mail-in ballot by an individual who was not a registered elector at the time of the application and for whom a voter registration application was timely received.
(13) For each county and the sum for this Commonwealth, the number of voter registration applications under section 1231 of the Pennsylvania Election Code and 25 Pa.C.S.
Pt.
IV which were received:
(i) Fewer than 30 days before the 2020 general election.
(ii) Fewer than 15 days before the 2020 general election.
(14) For each county, the date and time that the county board of elections began pre-canvassing absentee ballots and mail-in ballots under section 1308(g)(1.1) of the Pennsylvania Election Code.
(15) For each county, the date and time that the county board of elections began canvassing absentee ballots and mail-in ballots under section 1308(g)(2) of the Pennsylvania 20200HR1100PN4611 - 4 - Election Code.
(16) The number of incidents known to the Department of State, county board of elections or registration commission relating to each of the following categories:
(i) An absentee ballot or mail-in ballot which was sent to the wrong individual or wrong address.
(ii) An absentee ballot or mail-in ballot which was voted by an individual other than the individual who applied for the absentee ballot or mail-in ballot.
(iii) An absentee ballot or mail-in ballot which was returned to the county board of elections by a means other than that which is permissible by law, notwithstanding any court opinion or order.
(17) To the extent consistent with Federal and State law, a review of any action taken by the Department of State, county board of elections or registration commission in response to an incident under paragraph (16), including determinations made on the incident, legal actions filed and referrals to law enforcement.
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(18) A review of issues or incidents encountered with an electronic voting system that received the approval of the Secretary of the Commonwealth under section 1105-A of the Pennsylvania Election Code, including any technical issues or software problems encountered in polling places and recommendations for spot verifications of tabulated votes as compared to reported votes.
(19) A review of any inconsistent treatment of mail-in ballots received by counties after 8 p.m.
on November 3, 2020, under Articles XIII and XIII-D of the Pennsylvania Election Code.
20200HR1100PN4611 - 5 - (20) A review of any inconsistencies in the manner in which counties processed deficient ballots under Articles XIII and XIII-D of the Pennsylvania Election Code.
(21) A review of the access given to poll watchers as provided for under section 417 of the Pennsylvania Election Code, including any inconsistencies in the standards used in allowing access or disparate treatment of poll watchers due to political affiliation.
(22) A review of the access given to authorized representatives as provided for under section 1308(g)(1.1) and (2) of the Pennsylvania Election Code, including any inconsistencies in the standards used in allowing access or disparate treatment of authorized representatives due to political affiliation (23) A review of issues or incidents regarding the use of drop boxes, the monitoring of drop boxes and any inconsistencies with the monitoring and usage of drop boxes by counties.
(24) A review of issues or incidents of the review process of absentee, mail-in, in-person and provisional ballots and any inconsistencies in the standards applied to determine the eligibility of voters or ballots by counties;
and be it further RESOLVED, That the Department Of State shall assist the Legislative Budget and Finance Committee in collecting the data required to be included in the report from each county board of elections which conducts an election and each registration commission under 25 Pa.C.S.
Pt.
IV in a county which conducts an election;
and be it further RESOLVED, That the Chief Clerk of the House of 20200HR1100PN4611 - 6 - Representatives reimburse the Legislative Budget and Finance Committee for expenses from any contracted services related to the work directed by this resolution;
and be it further RESOLVED, That a county board of elections or registration commission shall comply with the request for submission of data under this resolution no later than 45 days after the 2020 general election unless an extension of not more than 30 days is deemed necessary by the Legislative Budget and Finance Committee;
and be it further RESOLVED, That the Legislative Budget and Finance Committee, or the auditing entity that the Legislative Budget and Finance Committee contracts with, shall notify the Speaker of the House of Representatives if a county board of elections or registration commission or the Department of State does not respond to a request for the submission of data under this resolution;
and be it further RESOLVED, That the Legislative Budget and Finance Committee issue the audit and final report of findings no later than 60 days after the 2020 general election to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives and the Secretary of the Commonwealth unless an extension of not more than 30 days is deemed necessary by the Legislative Budget and Finance Committee;
and be it further RESOLVED, That a copy of the report shall be made available on the Legislative Budget and Finance Committee's publicly accessible Internet website and the Department of State's publicly accessible Internet website.
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