SB 812 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in electronic voting systems, further providing for examination and approval of electronic voting systems by the Secretary of the Commonwealth and providing for malfunction and certification reporting; and making an editorial change.

PRIOR PRINTER'S NO.

858 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

812864 2025THE INTRODUCEDGENERAL BYASSEMBLY SANTARSIEROOF ANDPENNSYLVANIA DUSH,SENATE MAYBILL 30,Session 2025of REFERRED TO STATE GOVERNMENT, MAY 30, 2025 ANNo. 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;

INTRODUCED BY SANTARSIERO, DUSH, ROTHMAN AND COSTA, MAY 30, 2025 SENATOR DUSH, STATE GOVERNMENT, AS AMENDED, JUNE 3, 2025 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;

imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners;

and repealing certain acts and parts of acts relating to elections," in electronic voting systems, further providing for examination and approval of electronic voting systems by the Secretary of the Commonwealth and providing for malfunction and certification reporting;

Section 1105-A(b) of the act of June 3, 1937 <-- (P.L.1333, No.320), known as the Pennsylvania Election Code, is amended and the section is amended by adding a subsection to read:

SECTION 1.

SECTION 1105-A OF THE ACT OF JUNE 3, 1937 <-- (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED BY ADDING A SUBSECTION TO READ:

Examination and Approval of Electronic Voting Systems by the Secretary of the Commonwealth.--* * * (b) Upon receipt of a request for examination or <-- reexamination of an electronic voting system as herein provided for or in the event he determines to reexamine any such system, the Secretary of the Commonwealth shall examine the electronic voting system for functionality, security and accessibility, provide notice of the examination pursuant to subsection (g)(1) and shall make and file in his office and post on the Department of State's publicly accessible Internet website the recording required under subsection (g)(4) his report, attested by his signature and the seal of his office, stating whether, in his opinion, the system so examined can be safely used by voters at elections as provided in this act and meets all of the requirements hereinafter set forth.

Any county which thereafter may adopt any such approved system shall provide the components of such system in a number no less than that sufficient to accommodate the voters of that county or municipality in accordance with the minimum 20250SB0812PN0864 - 2 - capacity standards so prescribed by the secretary.

The county board shall comply with the requirements for the use of the electronic voting system as set forth in the report by the 20250SB0812PN0858 - 2 - Secretary of the Commonwealth.

* * * (g) If the Secretary of the Commonwealth examines an electronic voting system under this section, the examination MUST INCLUDE A PUBLIC DEMONSTRATION AS PART of the functionality <-- EXAMINATION of the system THAT shall be open to the public in <-- accordance with the following requirements:

(4) The Secretary of the Commonwealth shall make an audiovisual recording of the portion of the PUBLIC DEMONSTRATION <-- CONDUCTED WITHIN THE FUNCTIONALITY examination which is open to the public.

20250SB0812PN0864 - 3 - (i) If the system is certified, the Department of State shall maintain the recording on its website for the entire period during which the voting system is certified and for a minimum of two years after any revocation or withdrawal of certification.

20250SB0812PN0858 - 3 - (ii) If the system is not certified, the Department of State shall maintain the recording on its website for a minimum of two years following the posting.

(5) The Secretary of the Commonwealth may ONLY exclude the <-- public from any portion of the examination that THE SECRETARY OF <-- THE COMMONWEALTH REASONABLY BELIEVES involves discussion or disclosure of:

20250SB0812PN0864 - 4 - Section 1123-A.

The reportOR shallA include:<-- DECLARATION OF NO MALFUNCTIONS.

(1)A AnyMALFUNCTION malfunctionAND whichCERTIFICATION isreport reportedshall toinclude: the county by any 20250SB0812PN0858 - 4 - source or otherwise believed by the county to have occurred which:

(1) Any malfunction which is reported to the county by any source or otherwise believed by the county to have occurred which:

(b) The Department of State shall post a report OR <-- DECLARATION received under subsection (a) to its publicly accessible Internet website within one hundred five days of an election.

The Department of State may make redactions consistent 20250SB0812PN0864 - 5 - with the following:

20250SB0812PN0858 - 5 - (3) The Department of State shall retain unredacted copies of all reports on permanent file.

AND DECLARATIONS FOR AT LEAST <-- TEN YEARS.

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