HB 1396 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; in district election officers, further providing for compensation of district election officers; in election districts and polling places, providing for ballot drop boxes; in electronic voting systems, further providing for definitions and for supplies, preparation of the voting system and of polling places, providing for pre-election logic and accuracy testing, repealing provisions relating to statistical sample and providing for post-election ballot audit; providing for electronic poll books and for electronic poll books and election infrastructure equipment bonds; 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 and for deadline for receipt of valid voter registration application; providing for in-person early voting; 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 and for voting by absentee electors; in voting by qualified mail-in electors, further providing for applications for official mail-in ballots, for date of application for mail-in ballot, for approval of application for mail-in ballot, for envelopes for official mail-in ballots and for voting by mail-in electors; in returns of primaries and elections, further providing for computation of returns by county board, certification and issuance of certificates of election; in Election Integrity Grant Program, further providing for funding for elections; 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; in penalties, further providing for interference with primaries and elections, frauds and conspiracy; making an appropriation; and making an editorial change. Amending Title 25 (Elections) of the Pennsylvania Consolidated Statutes, in registration system, further providing for SURE system; in voter registration, further providing for methods of voter registration, for application with driver's license application and for government agencies and for approval of registration applications; and, in changes in records, repealing provisions relating to removal notices, to transfer of registration and to change of enrollment of political party and further providing for death of registrant.

(II) LIST OF AUDITED CONTESTS;

(III) COUNTY BALLOT MANIFESTS;

AND (IV) CANDIDATE VOTE TOTALS BY BATCH SELECTED FOR THE POST- ELECTION BALLOT AUDIT.

(7) The department and each county WITH BALLOTS SELECTED IN <-- THE RANDOM SAMPLE shall provide public notice in accordance with 65 Pa.C.S.

20250HB1396PN1688 - 18 - (8) The audit:

(9) Each official participating in the audit shall swear or affirm that the participant will support, obey and defend the Constitution of the United States and the Constitution of 20250HB1396PN1584 - 18 - Pennsylvania and that the participant will discharge the duties of the audit with fidelity.

Any audit team vacancy occurring at any time preceding or on the day of the audit shall be filled by appointment by the county board of elections according to the 20250HB1396PN1688 - 19 - above criteria.

and 20250HB1396PN1584 - 19 - (ii) does not impair other deadlines.

(c) As used in this section, the following words and phrases 20250HB1396PN1688 - 20 - shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

20250HB1396PN1584 - 20 - "Post-election ballot audit" shall mean a post-election process that involves MANUAL inspection of a random sample of <-- paper ballots IN THE SELECTED COUNTIES to verify votes cast in <-- one or more selected contestscontests, FOR AUDIT, as determined and <-- facilitated by the department.

A POST-ELECTION AUDIT IS A <-- DISTINCT PROCESS FROM A RECOUNT.

20250HB1396PN1688 - 21 - (1) has the ability to enable a poll worker to perform by electronic means each of the same functions performed using a paper district register during an election;

(4) contains information regarding whether a registered 20250HB1396PN1584 - 21 - voter already voted in the particular election, requested an absentee or mail-in ballot or returned an absentee or mail-in ballot;

(a) Standards.--Each board shall use electronic poll books that meet the minimum standards published by the secretary under section 1103-C in all early voting locations and precincts on 20250HB1396PN1688 - 22 - election day for each primary and election held after December 31, 2026.

20250HB1396PN1584 - 22 - (b) Poll book standards.--An electronic poll book may not be used by a county board of elections unless it meets the standards established and published by the secretary under section 1103-C and is examined, approved and certified in accordance with the secretary's directive.

The secretary shall issue a directive establishing requirements and specifications which shall define the minimum standards required, capabilities and security requirements of electronic 20250HB1396PN1688 - 23 - poll books for certification by the secretary.

20250HB1396PN1584 - 23 - (b) Compatibility.--To have compatibility with the SURE system, an electronic poll book must include the ability to import the records of each registered voter in the election district and county and update those records before election day, to record edits to the records on election day, and to export to the SURE system each of the election activity and voter participation information that occurs each day and the capability to generate a report of all election activity and participation information for manual entry into the SURE system.

The secretary shall develop standards and issue a directive for secure storage of electronic 20250HB1396PN1688 - 24 - poll books during and at any time before or after an election.

20250HB1396PN1584 - 24 - Section 1104-C.

"Account." The County Electronic Poll Book and Election 20250HB1396PN1688 - 25 - Infrastructure Equipment Reimbursement Account established under section 1106-D.

20250HB1396PN1584 - 25 - "Bond obligations." The principal of a bond and any premium and interest payable on a bond, together with any amount owed under a related credit agreement or a related resolution of the authority authorizing a bond.

or (B) intrusion detection sensors, deployed to 20250HB1396PN1688 - 26 - enhance the security of electronic voting systems, electronic poll books and other election systems by detecting and reporting hacking attempts and other election security breaches.

20250HB1396PN1584 - 26 - Section 1102-D.

(3) Participation of an industrial and commercial 20250HB1396PN1688 - 27 - development authority shall not be required to finance the projects or to issue the bonds described under this article.

This paragraph shall include the proceeds of any issuance of 20250HB1396PN1584 - 27 - bonds.

(ii) fund a county's purchase or lease of electronic 20250HB1396PN1688 - 28 - poll books;

(c) Terms.-- 20250HB1396PN1584 - 28 - (1) The department, with the approval of the Office of the Budget, shall specify in its application to the authority:

Bonds issued under 20250HB1396PN1688 - 29 - this article shall be subject to the provisions of the Financing Law, unless otherwise specified under this article.

(b) Service agreement authorized.--The authority and the department may enter into an agreement or service agreement to effectuate this article, including an agreement to secure bonds issued for the purposes under section 1102-D(b), pursuant to which the department shall agree to pay the bond obligations and bond administrative expenses to the authority in each fiscal year that the bonds or refunding bonds are outstanding in amounts sufficient to timely pay in full the bond obligations, bond administrative expenses and any other financing costs due 20250HB1396PN1584 - 29 - on the bonds issued for the purposes under section 1102-D(b).

The net proceeds of bonds, other than refunding bonds, exclusive of costs of issuance, reserves and any other financing charges, shall be transferred by the authority to the State 20250HB1396PN1688 - 30 - Treasurer for deposit into a restricted account established in the State Treasury and held solely for the purposes under section 1102-D(b) to be known as the County Electronic Poll Book and Election Infrastructure Equipment Reimbursement Account.

For each fiscal year in which bond obligations and bond administrative expenses will be due, the authority shall notify the department of the amount of bond obligations and the estimated amount of bond administrative expenses in sufficient 20250HB1396PN1584 - 30 - time, as determined by the department, to permit the department to request an appropriation sufficient to pay bond obligations and bond administrative expenses that will be due and payable in the following fiscal year.

20250HB1396PN1688 - 31 - (3) Impair the rights and remedies of the holders of bonds, until each bond issued and the interest on the bond are fully met and discharged.

No later than March 1 of the year following the first full year in which bonds have been issued under this article and for 20250HB1396PN1584 - 31 - each year thereafter in which bond obligations existed in the prior year, the department shall submit an annual report to the chair and minority chair of the Appropriations Committee of the Senate, the chair and minority chair of the Appropriations Committee of the House of Representatives, the chair and minority chair of the State Government Committee of the Senate and the chair and minority chair of the State Government Committee of the House of Representatives and publish the report on the department's publicly accessible Internet website providing all data available on bonds issued or existing in the prior year.

(a) Application.-- (1) A county may apply to the department to receive 20250HB1396PN1688 - 32 - funding or reimbursement for:

(b) Documentation for prior purchase or lease.--If a county seeks reimbursement of the county's cost to purchase or lease by 20250HB1396PN1584 - 32 - capital lease electronic poll books or election infrastructure equipment that the county purchased or leased before the date that the county submits its application to the department, the county's application shall include documentation prescribed by the department to substantiate the county's cost to purchase or lease the electronic poll books or election infrastructure equipment, including copies of fully executed electronic poll book contracts, fully executed copies of election infrastructure equipment contracts, invoices and proof of payment to the vendor of the electronic poll book or election infrastructure equipment.

(c) Documentation for subsequent purchase or lease.--If a county seeks funding to purchase or lease electronic poll books or election infrastructure equipment that the county will purchase or lease after the date that the county submits its application to the department, the county's application shall include documentation prescribed by the department to substantiate the county's estimate to purchase or lease the electronic poll books or election infrastructure equipment, 20250HB1396PN1688 - 33 - including copies of fully executed electronic poll book contracts or election infrastructure equipment bids or price quotes submitted to the county and other price estimates or cost proposals.

(e) Approval for prior purchase or lease.--If the department 20250HB1396PN1584 - 33 - approves a county's application submitted under subsection (b), the department and the county shall enter into a written grant agreement through which the department shall reimburse the county at the amount determined under subsection (g).

(g) Payments.-- 20250HB1396PN1688 - 34 - (1) A county shall only receive amounts under this section to the extent that the department has bond proceeds available in the account from which to make payments.

(3) If the total amount submitted by all counties under paragraph (2) exceeds the total amount available for reimbursement or payment, a county may receive a portion of the amount available equal to the total amount submitted by 20250HB1396PN1584 - 34 - the county under subsection (b) or (c) which may be reimbursed or paid, divided by the total amount submitted by all counties under subsection (b) or (c) which may be reimbursed or paid.

Signature of Voter/Elector 20250HB1396PN1688 - 35 - Current Address Check the Reason for Casting the Provisional Ballot.

[Signed by Judge of Elections and minority inspector] * * * (5) (i) Except as provided in subclause (ii), if it is determined that the individual was registered and entitled to vote at the election district where the ballot was cast, the county board of elections shall compare the signature on the provisional ballot envelope with the signature on the elector's registration form and, if the signatures are determined to be genuine, shall count the ballot if the county board of elections 20250HB1396PN1584 - 35 - confirms that the individual did not cast any other ballot, including an absentee ballot, in the election.

20250HB1396PN1688 - 36 - [(C) a provisional ballot envelope does not contain a secrecy envelope;] (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 20250HB1396PN1584 - 36 - and unable to obtain proof of identification without the payment of a fee;

20250HB1396PN1688 - 37 - (i) Except as provided in subclause (ii), if it is determined that the individual voting the provisional ballot was eligible to vote in the county in which the ballot was cast but not at the election district where the ballot was cast, the county board of elections shall open the envelope and only count that portion of the ballot that the individual would have been eligible to vote in his proper election district and at the election district where the vote was cast if:

and 20250HB1396PN1584 - 37 - (B) the individual casting the provisional ballot is a resident of the county in which the provisional ballot was cast.

(iii) In the event that the board of elections determines, based on an evidentiary record, that the individual intentionally and wilfully cast a provisional ballot in an election district in which the individual was not eligible to vote, the ballot shall not be counted.] * * * (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, shall be entitled or permitted to vote at any primary or election at any polling place outside the election district in which he resides, nor shall he be permitted to vote in the 20250HB1396PN1688 - 38 - election district in which he resides, unless he has been personally registered as an elector and his 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 identity, as to his 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 shall produce at least one qualified elector of 20250HB1396PN1584 - 38 - the election district as a witness, who shall make affidavit of his identity or continued residence in the election district]:

§ 1323 (relating to application with driver's license application), if the valid voter registration application is received by the [appropriate commission] Department of Transportation not later than fifteen 20250HB1396PN1688 - 39 - days before the election.

(4) In any other case, if the valid voter registration application of the applicant is received by the appropriate commission or the Department of State not later than fifteen 20250HB1396PN1584 - 39 - days before the election.

20250HB1396PN1688 - 40 - (2) On the dates 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 any other early voting location established by the county board for the conduct of early voting in accordance with this article.

(3) In conducting early voting under this article, an 20250HB1396PN1584 - 40 - early voting election official shall verify:

(c) Lists of early voters.--The county board shall maintain 20250HB1396PN1688 - 41 - a list of each registered elector in each election district who votes.

A voter who is listed in the general register as 20250HB1396PN1584 - 41 - 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.

(c) Additional locations.--In addition to the requirements 20250HB1396PN1688 - 42 - for early voting locations under subsections (a) and (b), a county board may establish additional early voting locations for in-person early voting.

(f) Factors.--For an early voting location established under this section or section 1204-A and not located at an office of 20250HB1396PN1584 - 42 - the county board, the sites 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 arriving by vehicle.

20250HB1396PN1688 - 43 - (7) population density;

(g) Accessibility.--Early voting locations shall be 20250HB1396PN1584 - 43 - accessible to persons with disabilities.

(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 20250HB1396PN1688 - 44 - county to serve as the presiding election officer in charge at an early voting location.

(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 20250HB1396PN1584 - 44 - this act.

(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 20250HB1396PN1688 - 45 - location.

20250HB1396PN1584 - 45 - Section 1203-A.

(d) Security of ballots and voting equipment.--The county board shall ensure that each ballot, scanner and other voting 20250HB1396PN1688 - 46 - equipment used during the early voting period are secured in accordance with Article XI-A.

(2) At the end of each day of early voting, the early voting location officials shall examine every ballot box, 20250HB1396PN1584 - 46 - scanner and tabulator, if applicable, to ensure that they remain locked and sealed.

The ballots shall be transported by at least two election officials from the early voting location or others designated by the county board to the county board for secure storage 20250HB1396PN1688 - 47 - until official canvass of votes.

(6) The secretary shall issue directives or instructions 20250HB1396PN1584 - 47 - for secure chain of custody protocols for early voting locations consistent with national best practices.

(3) The schedules for the conduct of early voting at a 20250HB1396PN1688 - 48 - temporary early voting location shall not need to be uniform among the temporary early voting locations.

20250HB1396PN1584 - 48 - (A) publish the information required under section 1206-A as soon as the county board determines the temporary early voting location;

(b) Notwithstanding any other provision of law, a school may only be used as an in-person early voting location if voting can 20250HB1396PN1688 - 49 - 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.

and 20250HB1396PN1584 - 49 - (3) the dates and hours that early voting will be conducted at each early voting and temporary early voting location.

(2) A municipality within the county that maintains a 20250HB1396PN1688 - 50 - publicly accessible Internet website shall also make the schedule available on the website no later than 30 days before the election.

The locations, dates and hours of each additional temporary 20250HB1396PN1584 - 50 - early voting location shall be reported to the Secretary of the Commonwealth and posted on the county board's, the county's and any municipality located within the county's publicly accessible Internet website.

(a) General rule.--The secretary shall issue a directive to counties specifying in-person early voting polling procedures 20250HB1396PN1688 - 51 - and best practices to ensure uniform implementation in every county.

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 20250HB1396PN1584 - 51 - 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.

If the board is satisfied that the 20250HB1396PN1688 - 52 - 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 qualified elector.

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 20250HB1396PN1584 - 52 - 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.

The larger 20250HB1396PN1688 - 53 - envelope shall also contain information indicating the local election district of the absentee voter.

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 20250HB1396PN1584 - 53 - nothing else.

the day of the primary or election, the elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, 20250HB1396PN1688 - 54 - enclose and securely seal the same in the envelope on which is printed, stamped or endorsed "Official Election Ballot." This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector's county board of election and the local election district of the elector.

20250HB1396PN1584 - 54 - (2) Any elector, spouse of the elector or dependent of the elector, qualified in accordance with the provisions of section 1301, subsections (e), (f), (g) and (h) to vote by absentee ballot as herein provided, shall be required to include on the form of declaration a supporting declaration in form prescribed by the Secretary of the Commonwealth, to be signed by the head of the department or chief of division or bureau in which the elector is employed, setting forth the identity of the elector, spouse of the elector or dependent of the elector.

20250HB1396PN1688 - 55 - ..............................

20250HB1396PN1584 - 55 - (2) An elector who requests an absentee ballot and who is not shown on the district register as having voted the ballot may vote by provisional ballot under section 1210(a.4)(1).

I further declare that I have not cast my absentee ballot or mail-in ballot, and that instead I remitted my absentee ballot or mail-in ballot and the envelope containing the declaration of the elector to the judge of elections at my polling place to be spoiled and therefore request that my absentee ballot or 20250HB1396PN1688 - 56 - mail-in ballot be voided.

20250HB1396PN1584 - 56 - (i) rendering assistance to a disabled voter or an emergency absentee voter as authorized by law;

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 20250HB1396PN1688 - 57 - the county board of elections.

(1) If the declaration of the elector has been completed as required under sections 1306 and 1306-D, the absentee and mail- 20250HB1396PN1584 - 57 - in ballots shall be safely kept until the ballots are to be pre- canvassed or canvassed by the county board of elections.

(i) Within twenty-four (24) hours of a finding under this paragraph, the county board of elections shall notify the voter by electronic or telephonic means of the error, if the voter's email or phone number is included in the voter's record or application and shall provide an Absentee Ballot and Mail-in 20250HB1396PN1688 - 58 - Ballot Cure 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 20250HB1396PN1584 - 58 - copy or photograph of a government-issued document, including an official Federal, State, county or municipal document which lists the voter's name, a student identification document issued by an institution of higher education as defined in section 118(c) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in this Commonwealth or a utility bill, telephone bill, bank statement, government check, paycheck or tax or rent receipt which lists the voter's name.

(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 20250HB1396PN1688 - 59 - publicly accessible Internet website.

20250HB1396PN1584 - 59 - (iv) The county board of elections shall provide the voter with information on how to vote by provisional ballot on election day instead of completing an Absentee Ballot and Mail- In Ballot Cure Form.

[(b) Watchers shall be permitted to be present when the envelopes containing official absentee ballots and mail-in ballots are opened and when such ballots are counted and recorded.] * * * (g) (1) * * * (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 20250HB1396PN1688 - 60 - accordance with this subsection if the absentee ballot or mail- in ballot is received in [the] an office of the county board of elections or delivered to a ballot drop box no later than eight o'clock P.M.

A county board of elections shall provide at least forty-eight hours' notice of a pre-canvass meeting by publicly 20250HB1396PN1584 - 60 - posting a notice of a pre-canvass meeting on its publicly accessible Internet website.

20250HB1396PN1688 - 61 - § 3511 (relating to receipt of voted ballot).

* * * (4) All absentee ballots which have not been challenged under section 1302.2(c) and all mail-in ballots which have not been challenged under section 1302.2-D(a)(2) and that have been 20250HB1396PN1584 - 61 - verified under paragraph (3) shall be counted and included with the returns of the applicable election district as follows:

The Official Election Ballot envelope shall be sealed and shall be pre-canvassed or canvassed in accordance with subparagraph 20250HB1396PN1688 - 62 - (iii).

Each duplicate absentee ballot or mail-in ballot shall be clearly labeled "duplicate" and shall bear a serial number which shall be recorded on the damaged or defective absentee ballot or mail-in 20250HB1396PN1584 - 62 - ballot.

A mail-in ballot application shall 20250HB1396PN1688 - 63 - be mailed to every person otherwise eligible to receive a mail-in ballot application by the first Monday in February each year or within 48 hours of receipt of the request, whichever is later, so long as the person does not lose the person's voting rights by failure to vote as otherwise required by this act.

A mail-in ballot application mailed to an elector under this section, which is completed and timely returned by the elector, shall serve as an application for any and all primary, general or special elections to be held in the remainder of that calendar year and for all special elections to be held before the third Monday in February of 20250HB1396PN1584 - 63 - the succeeding year.] Any qualified registered elector may request to be placed on a permanent mail-in ballot list at any time during the calendar year by submitting a mail-in ballot application and checking a box on the application that affirms their decision to permanently receive mail-in ballots for future elections.

(2) The Secretary of the Commonwealth [may] shall develop an electronic system through which all qualified electors may apply for a mail-in ballot and request permanent mail-in voter status under this section, provided the system is able to capture a digitized or electronic signature of the 20250HB1396PN1688 - 64 - applicant.

(4) By the first Monday in February each year, a notice developed by the department shall be sent to every elector on the permanent mail-in ballot list advising the elector that 20250HB1396PN1584 - 64 - they will receive a mail-in ballot for any primary, general or special elections until the elector revokes their permanent mail-in voter status or ceases being a qualified elector.

[Applications] Except as provided in subsection (a.1), <-- applications for mail-in ballots shall be processed if received not later than five o'clock P.M.

(a) Approval process.--The county board of elections, upon 20250HB1396PN1688 - 65 - receipt of any application of a qualified elector under section 1301-D, shall 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.

Provided, however, That 20250HB1396PN1584 - 65 - a challenge to an application for a mail-in ballot shall not be permitted on the grounds that the elector used an application for a mail-in ballot instead of an application for an absentee ballot or on the grounds that the elector used an application for an absentee ballot instead of an application for a mail-in ballot.

On the larger of 20250HB1396PN1688 - 66 - the two envelopes, to be enclosed within the mailing envelope, shall be printed, stamped or endorsed to conform with election mail design requirements from the United States Postal Service, a prepaid reply mail option pursuant to subsection (a.1), the form of the declaration of the elector and the name and address of the county board of election of the proper county.

The county board of elections shall utilize a United 20250HB1396PN1584 - 66 - States Postal Service prepaid reply mail option.

the day of the primary or election, the mail-in elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed "Official Election Ballot." This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector's 20250HB1396PN1688 - 67 - county board of election and the local election district of the elector.

20250HB1396PN1584 - 67 - (i) rendering assistance to a disabled voter as authorized by law;

Issuance of Certificates of Election.-- * * * (f) As the returns from each election district are read, computed and found to be correct or corrected as aforesaid, they 20250HB1396PN1688 - 68 - shall be recorded on the blanks prepared for the purpose until all the returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced and attested by the clerks who made and computed the entries respectively and signed by the members of the county board.

The submission shall be as directed by the secretary for public office which appears on the 20250HB1396PN1584 - 68 - ballot in every election district in this Commonwealth or for a ballot question which appears on the ballot in every election district in this Commonwealth.

The county board shall thereupon, in the case of elections, issue certificates of election to the successful candidates for all county, city, borough, township, ward, school district, poor district and election offices, and local party offices to be 20250HB1396PN1688 - 69 - filled by the votes of the electors of said county, or of any part thereof.

on election day and shall continue without interruption until each mail-in ballot and absentee ballot 20250HB1396PN1584 - 69 - timely received [by 7 a.m.

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 20250HB1396PN1688 - 70 - ballots.

* * * (ii) It is [not] necessary for the petitioners to specify in 20250HB1396PN1584 - 70 - 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.

* * * 20250HB1396PN1688 - 71 - (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.

20250HB1396PN1584 - 71 - (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.

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, the sum of [fifty ($50.00)] eight hundred fifty ($850) dollars, and costs of suit, and for this purpose, he is hereby authorized 20250HB1396PN1688 - 72 - to institute any necessary legal proceedings.

(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 20250HB1396PN1584 - 72 - 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.

* * * (B) It is [not] necessary for the petitioners to specify in 20250HB1396PN1688 - 73 - 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 20250HB1396PN1584 - 73 - ($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.

(b.2) If, upon the recanvassing of the votes in any voting 20250HB1396PN1688 - 74 - 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 20250HB1396PN1584 - 74 - 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.

If any error or fraud is found the court shall 20250HB1396PN1688 - 75 - 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.

(ii) Subclause (i) shall not apply if a petitioner under 20250HB1396PN1584 - 75 - section 1701 or 1702 pleads that a particular act of fraud or error occurred and offers prima facie evidence supporting the allegation.

or shall prepare or present to any election officer a fraudulent voter's certificate not signed in the polling place by the elector whose certificate it purports 20250HB1396PN1688 - 76 - to be;

20250HB1396PN1584 - 76 - Section 14.

Section 1301(a) of Title 25 is amended and the <-- section is amended by adding a subsection to read:

20250HB1396PN1688 - 77 - § 1301.

(a.1) Preregistration.--Notwithstanding subsection (a), 20250HB1396PN1584 - 77 - every individual who is otherwise qualified to register and is 16 years of age or older may preregister and update the individual's preregistered information by any means authorized under this part for individuals 18 years of age or older.

* * * (RESERVED).Section 16.

<-- Section 16.

An application under this subsection shall serve as an 20250HB1396PN1688 - 78 - application to register to vote unless the applicant [fails to sign the voter registration application.] presents a document for purposes of the driver's license application demonstrating that the applicant is not a United States Citizen, affirms that the applicant is not a United States Citizen or declines to submit a voter registration application under the process specified in this section.

The secretary, in consultation with the Secretary of Transportation, may promulgate 20250HB1396PN1584 - 78 - regulations for implementing this section.

[If a voter registration application is received by the Department of Transportation within five days before the last day to register before an election, the application shall be transmitted to the appropriate commission not later than five days after the date of its 20250HB1396PN1688 - 79 - receipt by the Department of Transportation.] (3) Upon receipt of the completed voter registration information from the department, the commission shall make a record of the date of the receipt of the application and process the application.

(3.1) After the Department of Transportation is connected to the SURE system and notwithstanding paragraphs (1), (2) and (3), the Department of Transportation shall transmit electronically the contents of a completed voter 20250HB1396PN1584 - 79 - registration application within five days of receipt of the application.

No applicant shall be deemed eligible to vote until the commission has received and approved an application in accordance with section 1328.] (4) [Changes of address shall comply with] If the <-- application submitted under subsection (a)(3) is for change of address, the following shall apply:

[THE(i) FOLLOWING:][Before FORthe ADepartment <--of CHANGETransportation OFis ADDRESSconnected UNDERto SUBSECTIONthe (A)(3),SURE IFsystem, THEthe CHANGEDepartment OFof ADDRESSTransportation ISshall FORnotify ANthe ELECTORdepartment CURRENTLYof REGISTEREDchanges INof THISaddress COMMONWEALTH,received THEunder FOLLOWINGsubsection SHALL(a)(3). APPLY:

20250HB1396PN1688 - 80 - (i) [Before the Department of Transportation is connected to the SURE system, the Department of Transportation shall notify the department of changes of address received under subsection (a)(3).

After the Department of Transportation is connected to the SURE system, the Department of Transportation shall notify the commission of the county of the registrant's former residence.] If the registrant has moved to an address outside this Commonwealth, the [commission] department shall notify the commission of the county of the registrant's former residence, which shall verify the address change in accordance with section 1901 (relating to removal of 20250HB1396PN1584 - 80 - electors).

For the purpose of this paragraph, the term "registration information" means the registration card and any other record of registration maintained by a 20250HB1396PN1688 - 81 - commission.

of County) 20250HB1396PN1584 - 81 - We have been notified by the Department of Transportation that you recently changed your address from .................

Chief Clerk If the address change is within the commission's 20250HB1396PN1688 - 82 - jurisdiction, the commission shall mail a voter's identification card to the registrant at the new residence address.

If the verification notification or voter identification card is returned by the post office as undeliverable as addressed or with a forwarding address, the commission shall send a 20250HB1396PN1584 - 82 - confirmation notice to the registrant's address of former residence in accordance with section 1901(d)(2).] (ii) If the registrant has moved to another county within this Commonwealth, the department shall notify the commission of the county of the registrant's new residence, which shall process the application in accordance with section 1328(b)(5) (relating to approval of registration applications).

* * * (c.1) Individuals entitled to voter registration application.-- 20250HB1396PN1688 - 83 - (1) The Department of Transportation shall transmit voter registration information to the department under paragraph (3) within five days of receipt of an application if the applicant:applicant presented a document as part of the driver's license application demonstrating that the applicant is a United States citizen.

<-- (I) presented a document as part of the driver's license application demonstrating that the applicant is a United States citizen.;

OR <-- (II) IS CURRENTLY REGISTERED TO VOTE IN THIS COMMONWEALTH BASED ON INFORMATION FROM THE SURE SYSTEM PROVIDED BY THE SECRETARY.

(i) presents a document for purposes of the driver's license application demonstrating that the applicant is not a United States citizen at the time of the driver's 20250HB1396PN1584 - 83 - license application;

20250HB1396PN1688 - 84 - * * * Section 17.

20250HB1396PN1584 - 84 - * * * (4) The statement "In order to be qualified to register to vote, you must be at least 18 years of age on the day of the next election, you must have been a citizen of the United States for at least one month prior to the next election and have resided in Pennsylvania and the election district where you plan to vote for at least 30 days prior to the next election[, and you must not have been confined in a penal institution for a conviction of a felony within the last five years]." * * * Section 18.

Section 1328(b)(4), (5), (6) and (7), (c)(1) 20250HB1396PN1688 - 85 - introductory paragraph and (2) and (d) of Title 25 are amended and subsections (b) and (c) are amended by adding paragraphs to read:

20250HB1396PN1584 - 85 - (iii) The applicant is currently a registered elector of the county.

(iv) The information on the application exactly 20250HB1396PN1688 - 86 - matches the information contained in the SURE system.

(i) The application requests a transfer of 20250HB1396PN1584 - 86 - registration.

(i) The application requests a change of address, change of party or any other change affecting the voter's 20250HB1396PN1688 - 87 - identification card other than a change of name.

(10) Process a voter registration application in accordance with subsection (c) and update its registration if the commission finds during its examination under subsection 20250HB1396PN1584 - 87 - (a) the following:

(c) Processing of voter registration.-- (1) When a commission has [accepted] processed a voter registration application under subsection (b)(3) or (9), the commission shall assign each applicant a unique 20250HB1396PN1688 - 88 - identification number in the SURE system.

(2) When a commission has [accepted] processed a voter registration application under subsection [(b)(4), (5), (6), (7) or (8),](b)(7), (8) or (10) or has transferred a registration record under subsection (d), the commission 20250HB1396PN1584 - 88 - shall mail a wallet-sized voter's identification card to the individual by first class nonforwardable mail, return postage guaranteed, which shall serve as notice of the acceptance of the application.

20250HB1396PN1688 - 89 - (vii) The SURE registration number of the individual.

* * * (6) If an individual whose application was processed under subsection (b)(9) declines voter registration under subsection (c)(1.1)(i) within 21 days after the mailing of the card or if the individual's voter registration information transmitted under section 1323(c)(2) or (c.1)(1) was incorrect due to an error by the Department of Transportation, the commission shall cancel the individual's voter registration information from the SURE system, notify the individual by first class nonforwardable mail, return postage guaranteed of the cancellation and deem the 20250HB1396PN1584 - 89 - individual to have never registered to vote or attempted to register to vote.

(d) Transfer of registration records.-- (1) If, during application under section 1322 (relating to in-person voter registration), 1323 (relating to application with driver's license application), including a change of address under section 1323(c)(4)(ii), 1324 20250HB1396PN1688 - 90 - (relating to application by mail) or 1325 (relating to government agencies), an individual discloses that the individual is a registered elector of another county or is found to be registered in another county, the commission of the individual's new county of residence shall transfer the voter record from the commission of the individual's former county of residence, process the application under subsection (c)(2), and direct a [cancellation] notice of transfer to the commission of the individual's former county of residence in accordance with regulations promulgated under this part.

Upon verifying that the registered elector has moved to another county of residence, the commission shall cancel the 20250HB1396PN1584 - 90 - registered elector's registration, transfer a copy of the canceled registration record to the commission of the registered elector's new county of residence and retain a record of the transfer.

(a) Form.-- (1) A commission shall make removal notices available to 20250HB1396PN1688 - 91 - electors who are registered in the county.

(4) The notice shall contain a warning to the registered elector that the notice will not be accepted as an 20250HB1396PN1584 - 91 - application for transfer of the elector's registration unless the signature thereon can be identified by the commission as the elector's signature as it appears on file with the commission.

(b) Use.--A registered elector who removes residence from 20250HB1396PN1688 - 92 - one place to another within the same county must notify the commission by filing a removal notice under subsection (a) or a signed request for renewal that contains the information required in subsection (a) with the commission not later than the registration deadline before an election.

Removal notices under this 20250HB1396PN1584 - 92 - paragraph shall be returned to the commission with the voting check list, and the commission shall proceed to transfer the registration of the elector under section 1502 (relating to transfer of registration) and shall promptly update information contained in its registration records.

(3) A registered elector who removes residence from one county to another county and who is not registered to vote in the new county of residence shall be permitted to vote in the election district in the former county of residence if, at 20250HB1396PN1688 - 93 - the time of signing the elector's certificate, the elector files with the judge of election a signed affirmation declaring the elector's new residence.

(a) General rule.--Upon timely receipt of notification of removal under section 1501(b) (relating to removal notices), the 20250HB1396PN1584 - 93 - commission shall proceed as follows:

The commission 20250HB1396PN1688 - 94 - shall advise the registered elector promptly in writing of its action.

(5) If a request for transfer which is determined to be authentic under paragraph (4) shows a removal within the period of 30 days preceding an election, the commission, after such election, shall enter the change of residence on the elector's registration records, cancel the registration 20250HB1396PN1584 - 94 - of the elector and notify the commission of the elector's new county of residence to register the elector.

20250HB1396PN1688 - 95 - By the deadline for registration, a registered elector who desires to change the enrollment of political designation or who, although registered, has not previously enrolled as a member of a party may appear before a commissioner, registrar or clerk or may submit an application by mail under section 1324 (relating to application by mail) and state in a signed writing the political party in which the registered elector desires to be enrolled.

20250HB1396PN1584 - 95 - (a) Department of Health.--A commission shall cancel the registration of a registered elector or the preregistration of a preregistrant reported dead by the Department of Health.

(b) Other sources.--A commission may also utilize information obtained from the department through the department's membership with the Electronic Registration 20250HB1396PN1688 - 96 - Information Center or its successor, published newspaper obituaries, letters testamentary or letters of administration issued by the office of the registrar of wills to cancel and remove the registration of an elector, provided that such removals are uniform, nondiscriminatory and in compliance with the Voting Rights Act of 1965 (Public Law 89-110, 42 U.S.C.

(ii) The following amendments or additions to 25 20250HB1396PN1584 - 96 - Pa.C.S.:

Section 1210(a.4)(2), (5)(i), (ii) and (7) and 20250HB1396PN1688 - 97 - (d).

<-- Section 1325(a) introductory paragraph and (b) 20250HB1396PN1584 - 97 - (4).

20250HB1396PN168820250HB1396PN1584 - 98 -