2023-2024 Regular Session HB 1178 PN 1889 Bill Text (HTM)

PRINTER'S NO. 1889

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1178

Session of

2023

INTRODUCED BY RABB, SOLOMON, VENKAT, MADDEN, PROBST, WAXMAN,

KHAN, ISAACSON, SMITH-WADE-EL, GREEN, N. NELSON AND OTTEN,

AUGUST 8, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 8, 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; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in county boards of elections, further providing

for powers and duties of county boards; in dates of elections

and primaries and special elections, providing for

authorization of ranked choice voting in municipal elections;

in nomination of candidates, further providing for which

candidates nominated; in ballots, further providing for form

of official primary ballot; in electronic voting systems,

further providing for election day procedures and the process

of voting; in preparation for and conduct of primaries and

elections, further providing for method of marking ballots

and depositing same in districts in which ballots are used

and for count and return of votes in districts in which

ballots are used; and, in returns of primaries and elections,

further providing for persons receiving highest number of

votes to be declared elected.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 302(k) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended to read:

Section 302. Powers and Duties of County Boards.--The county

boards of elections, within their respective counties, shall

exercise, in the manner provided by this act, all powers granted

to them by this act, and shall perform all the duties imposed

upon them by this act, which shall include the following:

* * *

(k) To receive from district election officers the returns

of all primaries and elections, to canvass and compute the same

using ranked choice voting as provided under section 604.1 in a

county, city, borough, township, school district or other

municipality or incorporated district contained in any county

that has chosen to use the ranked choice voting method of

computation, and to certify, no later than the third Monday

following the primary or election, the results thereof to the

Secretary of the Commonwealth, as may be provided by law, and to

such other authorities as may be provided by law. The

certification shall include the number of votes received in each

election district by each candidate for the General Assembly.

* * *

Section 2. The act is amended by adding a section to read:

Section 604.1. Authorization of Ranked Choice Voting in

Municipal Elections.--(a) (1) Notwithstanding any other

provision of law, the governing body of a county, city, borough,

township, school district or other municipality or incorporated

district contained in any county may, by ordinance or resolution

or ballot initiative, authorize the use of the ranked choice

voting method in elections conducted during the municipal

primary and in the ensuing municipal election for any of its

offices in accordance with the provisions of this section.

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(2) The authorization described in paragraph (1) must occur

not later than one hundred eighty (180) days prior to the

election for which the ranked choice voting method will be

utilized.

(b) (1) For offices subject to the ranked choice voting

method, the ballot shall be simple and easy to understand and

allow a voter to rank candidates for an office in order of

choice. A voter may include no more than one write-in candidate

among the voter's ranked choices for each office.

(2) With respect to the ballot used in a ranked choice

voting election:

(i) In a contest conducted by ranked choice voting, the

ballot shall allow voters to rank candidates in order of choice.

(ii) The ballot shall allow voters to rank as many choices

as there are qualified candidates, including qualified write-in

candidates, except as provided in this section. If the voting

equipment cannot accommodate a number of rankings on the ballot

equal to the number of qualified candidates, the Secretary of

the Commonwealth may limit the number of choices a voter may

rank on a ballot to the maximum number allowed by the equipment.

If multiple types of voting equipment are used in an election

for the same office, the Secretary of the Commonwealth shall

ensure that every ballot allows voters to rank the same number

of candidates.

(iii) Instructions on the ballot must conform substantially

to the following specifications, subject to usability testing

and modification based on ballot design and voting system:

Vote by indicating your first-choice candidate and ranking

additional candidates in order of preference. Indicate your

first choice by marking the number "1" beside a candidate's

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name, your second choice by marking the number "2" beside a

candidate's name, your third choice by marking the number "3"

beside a candidate's name, and so on. Rank as many choices as

you wish. Indicating second and later preferences will not

count against your first choice. Do not skip numbers, and do

not mark the same number beside more than one candidate.

voting, each ballot shall count as one vote for the highest-

ranked active candidate on that ballot. Tabulation shall proceed

in rounds, with each round proceeding sequentially as fol lows:

(1) If two or fewer active candidates remain, the candidate

with the greatest number of votes is elected and tabulation is

complete.

(2) If more than two active candidates remain, the active

candidate with the fewest votes is defeated, votes for the

defeated candidate are transferred to each ballot's next-ranked

active candidate, and a new round shall begin under paragraph

(1).

(d) In a contest for more than one office conducted by

ranked choice voting, each ballot shall count, at its current

transfer value, for the highest-ranked active candidate on that

ballot. Tabulation shall proceed in rounds. Each round proceeds

sequentially, until tabulation is complete, as follows:

(1) If the number of elected candidates or the sum of the

number of elected candidates and the number of active candidates

is less than or equal to the number of seats to be filled, then

all active candidates are designated as elected, and tabulation

is complete. Otherwise, the tabulation shall proceed under

paragraph (2).

(2) If an active candidate has a number of votes greater

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than or equal to the election threshold for the contest, the

candidate shall be designated as elected. Each ballot counting

for an elected candidate shall be assigned a new transfer value

by multiplying the ballot's current transfer value by the

surplus fraction for the elected candidate, truncated after the

fourth decimal place. Each candidate elected under this

paragraph shall be deemed to have a number of votes equal to the

election threshold for the contest in each future round and a

new round shall begin under paragraph (1).

(3) If no candidate is elected under paragraph (2), the

candidate with the fewest votes is defeated and votes for the

defeated candidates shall be transferred at their current

transfer value to each ballot's next-ranked active candidate and

a new round shall begin under paragraph (1).

(e) If, in a round of counting conducted under subsection

(d), two or more candidates have a number of surplus votes

greater than the election threshold for the contest, the

surpluses shall be distributed in rounds in which the largest

surplus is distributed first, with any ties resolved by lot. The

Secretary of the Commonwealth may modify the procedure to

distribute surplus votes simultaneously in the same round, if

the modification is made prior to the election.

(f) (1) In any round of tabulation in a contest conducted

by ranked choice voting, an inactive ballot shall not count for

any candidate. A ballot shall be inactive if any of the

following applies:

(i) The ballot does not contain any active candidates and is

not an undervote.

(ii) The ballot has reached an overvote.

(iii) The ballot has reached two consecutive skipped

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rankings.

(2) An undervote shall not count as an active or inactive

ballot in any round of tabulation.

(g) (1) In a contest conducted by ranked choice voting, the

Secretary of the Commonwealth may modify the tabulation to

include batch elimination. If the tabulation includes batch

elimination, in any round that is eligible for batch elimination

where the active candidate with the fewest votes would be

defeated, each active candidate in the elimination batch shall

be simultaneously defeated instead. An active candidate is in

the elimination batch if the number of elected and active

candidates with more votes than the candidate is greater than

the number of offices to be elected, and it is mathematically

impossible for the candidate to be elected for any of the

following reasons:

(i) The candidate could not win because the candidate's

current vote total plus all votes that could possibly be

transferred to the candidate in future rounds would not be

enough to equal or surpass the active candidate with the next

higher current vote total.

(ii) The candidate has a lower current vote total than an

active candidate in subparagraph (i).

(2) Rounds eligible for batch elimination are either:

(i) The first round of tabulation.

(ii) A round consisting solely of eliminating one or more

write-in candidates.

(h) If two or more candidates are tied with the fewest votes

and tabulation cannot continue until the candidate with the

fewest votes is defeated, the defeated candidate shall be

determined by lot. Election officials may resolve prospective

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ties between candidates prior to tabulation after all votes are

cast.

(i) The Secretary of the Commonwealth shall promulgate rules

or guidance to facilitate the release of unofficial preliminary

round-by-round results and unofficial preliminary cast vote

records as soon as feasible after the polls close and at regular

intervals thereafter until the counting of ballots is complete.

The following shall apply:

(1) Unofficial preliminary round-by-round results shall be

clearly labeled as preliminary and, to the extent feasible,

shall include the percent of ballots counted to date.

(2) Unofficial preliminary cast vote records shall be:

(i) clearly labeled as preliminary and, to the extent

feasible, shall include the percent of ballots counted to date;

(ii) published online in a publicly accessible, electronic

format; and

(iii) published in a manner consistent with the need to

maintain voter privacy.

(3) In adopting rules or guidance under this subsection, the

Secretary of the Commonwealth shall consult with and allow for

input from county clerks, local election officials and national

and State party representatives.

(4) In addition to any other information required by law to

be reported with final results, the Secretary of the

Commonwealth shall make public:

(i) The total number of votes each candidate received in

each round of the official tabulation, including votes for

withdrawn candidates.

(ii) The total number of ballots that became inactive in

each round because the ballots did not contain any active

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candidates, reached an overvote or reached two consecutive

skipped rankings, reported as separate figures.

(iii) The cast vote records in a publicly accessible,

electronic format and by precinct, published in a manner

consistent with the need to maintain voter privacy.

(j) The Secretary of the Commonwealth shall promulgate rules

necessary to implement this act.

(k) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Active candidate." A candidate who has not been defeated or

elected.

"Election threshold." The number of votes sufficient for a

candidate to be elected in a multiwinner contest, calculated by

dividing the total number of votes counting for active

candidates in the first round by the sum of one plus the number

of offices to be filled, rounding up to the nearest whole

number.

"Highest-ranked active candidate." The active candidate

assigned to a higher ranking than any other active candidate.

"Inactive ballots." Ballots that do not count for any

candidate for any of the reasons under subsection (f)(1).

"Overvote." An instance in which a voter has ranked more

than one candidate at the same ranking.

"Ranking." The number available to be assigned by a voter to

a candidate to express the voter's choice for the candidate,

beginning with the number "1" as the highest ranking.

"Round." An instance of the sequence of voting tabulation

beginning with subsection (c)(1) for single winner contests or

subsection (d)(1) for multiwinner contests.

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"Skipped ranking." A voter has left a ranking unassigned but

ranks a candidate at a subsequent ranking.

"Surplus fraction." A number equal to the quotient of the

difference between an elected candidate's vote total and the

election threshold, divided by the candidate's vote total,

rounded up to four decimal places.

"Transfer value." The proportion of a vote that a ballot

will contribute to the ballot's highest-ranked active candidate,

wi th each ballot beginning with a transfer value of 1.

"Undervote." A ballot that does not contain any candidates

at any ranking in a particular contest.

Section 3. Sections 922, 1002(a) introductory paragraph,

1112-A(b)(2) and (3) and 1215(b) and (c) of the act are amended

to read:

Section 922. Which Candidates Nominated.--Candidates of the

various political parties for nomination, except for the office

of President of the United States, and except in a county, city,

borough, township, school district or other municipality or

incorporated district contained in any county, using ranked

choice voting as described in section 604.1, who receive a

plurality of votes of their party electors in the State, or in

the political district, as the case may be, at the primary

election, together with the candidates for the office of

presidential elector nominated as herein provided, shall be

candidates of their respective parties, and it shall be the duty

of the proper county boards to print their names upon the

official ballots and ballot labels at the succeeding election:

Provided, That when a candidate for nomination shall have died

before or on the day of the primary election and shall

nevertheless receive a plurality of votes of his party electors

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cast for the office for which he sought nomination, then no

candidate shall have been nominated for the office at such

primary and a substituted nomination may be made in the manner

hereinafter provided.

Section 1002. Form of Official Primary Ballot.--(a) [At]

Except in elections when ranked choice voting is used as

described in section 604.1, at primaries separate official

ballots shall be prepared for each party which shall be in

substantially the following form:

* * *

Section 1112-A. Election Day Procedures and the Process of

Voting.--* * *

(b) In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

* * *

(2) At primary elections, except when ranked choice voting

is used as described in section 604.1, the voter shall vote for

the candidates of his choice for nomination, according to the

number of persons to be voted for by him, for each office by

making a cross (X) or check (ü) mark or by making a punch or

mark sense mark in the square opposite the name of the candidate

or by otherwise indicating a selection associated with the

candidate, or he may so indicate on the ballot that the voter is

electing to write in the name of a person for the particular

office, and insert the identification of the office in question

and the name of any person not already listed as a candidate for

that office, and such indication and insertion shall count as a

vote for that person for such office.

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(3) At all other elections, except when ranked choice voting

is used as described in section 604.1, the voter shall vote for

the candidates of his choice for each office to be filled,

according to the number of persons to be voted for by him for

each office, by making a cross (X) or check (ü) mark or by

making a punch or mark sense mark in the square opposite the

name of the candidate, or by otherwise indicating a selection

associated with the candidate, or he may so indicate on the

ballot that the voter is electing to write in the name of a

person for the particular office, and insert the identification

of the office in question and the name of any person not already

listed as a candidate for that office, and such indication and

insertion shall count as a vote for that person for such office.

* * *

Section 1215. Method of Marking Ballots and Depositing Same

in Districts in Which Ballots are Used.--* * *

(b) At primaries, the elector shall prepare his ballot in

the following manner: He shall vote for the candidates of his

choice for nomination or election, according to the number of

persons to be voted for by him, for each office, by making a

cross (X) or check ( ) mark in the square opposite the name of✓

the candidate, or he may insert by writing or stamping in the

blank space provided therefor, any name not already printed on

the ballot, and such insertion shall count as a vote without the

making of a cross (X) or check ( ) mark. ✓ In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots. In a county,

city, borough, township, school district or other municipality

or incorporated district contained in any county using ranked

choice voting, ballots shall be marked as described in section

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604.1.

the following manner: He may vote for the candidates of his

choice for each office to be filled according to the number of

persons to be voted for by him for each office, by making a

cross (X) or check ( ) mark in the square opposite the name of✓

the candidate, or he may insert by writing or stamping in the

blank spaces provided therefor, any name not already printed on

the ballot, and such insertion shall count as a vote without the

making of a cross (X) or check ( ) mark. ✓ In districts in which

paper ballots or ballot cards are electronically tabulated,

stickers or labels may not be used to mark ballots. If he

desires to vote for every candidate of a political party or

political body, except its candidates for offices as to which he

votes for individual candidates in the manner hereinafter

provided, he may make a cross (X) or check ( ) mark in the✓

square opposite the name of the party or political body of his

choice in the party column on the left of the ballot, and every

such cross (X) or check ( ) mark shall be equivalent to and be✓

counted as a vote for every candidate of a party or political

body so marked, including its candidates for presidential

electors, except for those offices as to which he has indicated

a choice for individual candidates of the same or another party

or political body, by making a cross (X) or check ( ) mark✓

opposite their names in the manner hereinabove provided, as to

which offices his ballot shall be counted only for the

candidates which he has thus individually marked,

notwithstanding the fact that he made a mark in the party

column, and even though in the case of an office for which more

than one candidate is to be voted for, he has not individually

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marked for such office the full number of candidates for which

he is entitled to vote. If he desires to vote for the entire

group of presidential electors nominated by any party or

political body, he may make a cross (X) or check ( ) mark in the✓

appropriate square at the right of the names of the candidates

for President and Vice-President of such party or body. If he

desires to vote a ticket for presidential electors made up of

the names of persons nominated by different parties or political

bodies, or partially of names of persons so in nomination and

partially of names of persons not in nomination by any party or

political body, or wholly of names of persons not in nomination

by any party or political body, he shall insert, by writing or

stamping, the names of the candidates for presidential electors

for whom he desires to vote in the blank spaces provided

therefor under the title of the office "Presidential Electors."

In case of a question submitted to the vote of the electors, he

may make a cross (X) or check ( ) mark in the appropriate square✓

opposite the answer which he desires to give. In a county, city,

borough, township, school district or other municipality or

incorporated district contained in any county using ranked

choice voting, ballots shall be marked as described in section

604.1.

* * *

Section 4. Section 1222 of the act is amended by adding a

subsection to read:

Section 1222. Count and Return of Votes in Districts in

Which Ballots are Used.--

* * *

(a.1) In a county, city, borough, township, school district

or other municipality or incorporated district contained in any

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county using ranked choice voting, each ballot shall be

transported securely to the elections department as described in

section 1225(a) and processed as described in section 604.1.

* * *

Section 5. Section 1417 of the act is amended to read:

Section 1417. Persons Receiving Highest Number of Votes to

Be Declared Elected.--Except as otherwise provided by law, the

persons receiving the highest number of votes for any office at

any election shall be declared elected to such office, up to the

number required by law to be elected thereto. In elections using

ranked choice voting as described in section 604.1, the person

receiving the highest number of votes is to be determined at the

completion of the ranked choice voting calculation.

Section 6. This act shall take effect in 180 days.

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