PRINTER'S NO. 1836
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1293
Session of
2024
INTRODUCED BY COLEMAN, DUSH AND J. WARD, JULY 17, 2024
REFERRED TO STATE GOVERNMENT, JULY 17, 2024
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 electronic voting systems, further providing
for definitions and for supplies and preparation of the
voting system and of polling places and providing for pre-
election logic and accuracy testing; and, in penalties,
providing for falsification of election-related documentation
regarding pre-election logic and accuracy testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1101-A of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended by adding definitions to read:
Section 1101-A. Definitions.--As used in this article:
* * *
"Ballot set" means one of any ballot type that is used for
any method of voting, including absentee ballot voting, mail-in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ballot voting, voting in-person at a polling place or voting by
emergency paper ballot. Each ballot set shall be comprised of
ballots with various ballot styles.
"Ballot style" means a ballot's particular array of election
contests and candidates specific to an election district.
* * *
Section 2. Section 1110-A(d) and (e) of the act are amended
and the section is amended by adding a subsection to read:
Section 1110-A. Supplies; Preparation of the Voting System
and of Polling Places.--* * *
(a.1) Notwithstanding section 1007(a), for electronic voting
systems utilizing paper ballots that are printed by the voting
device at the polling place after the registered elector has
made their selections, the county board of elections shall
preprint official election ballots for use as emergency paper
ballots in the case where the voting device is not operable, and
the county board of elections shall furnish the emergency paper
ballots to each election district in an amount equal to at least
twenty (20) per centum of the total number of registered
electors in an election district.
* * *
[(d) On or before the fortieth day preceding any election,
the county board of elections shall mail to the chairman of the
county committee of each political party which shall be entitled
under existing laws to participate in primary elections within
the county, and to the chairman or presiding officer of any
organization of citizens within the county which has as its
purpose or among its purposes the investigation or prosecution
of election frauds and which has registered its name and address
and the names of its principal officers with the county board of
20240SB1293PN1836 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
elections at least fifty days before the election, a written
notice stating the times when and the place or places where
preparation of the system and its components for use in the
several election districts in the county or municipality will be
started. One representative of each such political party,
certified by the respective chairman of the county committee of
such party, and one representative of each such organization of
citizens, certified by the respective chairman or presiding
officer of such organization shall be entitled to be present
during the preparation of the voting system and its components
and to see that they are properly prepared and are in proper
condition and order for use. Such representatives shall not
interfere with the preparation of the system and its components,
and the county board may make reasonable rules and regulations
governing the conduct of such representatives.
(e) Prior to the delivery of any automatic tabulating
equipment to any election district the county board of elections
shall examine or cause to have examined such equipment and shall
make a certificate stating:
(1) the identifying number and election district designation
of the equipment;
(2) that the equipment is suitable for use in the particular
election district designated;
(3) that the equipment has been tested to ascertain that it
will accurately compute the votes cast for all offices and all
questions;
(4) that the offices and questions on the official ballot
correspond in all respects with the ballot labels assigned to
such particular election district;
(5) that the public counter and the counters for each
20240SB1293PN1836 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
candidate position and each question are all set at zero and
that element that generates a printed record of the results of
the election is functioning correctly; and
(6) the number on the seal with which the equipment is
sealed.]
* * *
Section 3. The act is amended by adding sections to read:
Section 1110.1-A. Pre-election Logic and Accuracy Testing.--
(a) Prior to any election in which an electronic voting system
may be used, the county board of elections shall complete logic
and accuracy testing as provided in this section for the purpose
of ensuring that electronic voting equipment functions as
expected and that votes are accurately tabulated. The logic and
accuracy testing shall be sufficient to determine that the
voting system is properly programmed, the election is correctly
defined on the voting system, and all of the voting system
input, output and communication devices are working properly.
(b) Logic and accuracy testing shall be completed as soon as
ballots are available but, if any proceeding is pending in a
Federal or State court which would affect the contents of any
ballot, testing shall be completed no later than the eleventh
day prior to the election.
(c) During logic and accuracy testing, the county board of
elections shall:
(1) For each electronic voting device which may be used in
the upcoming election:
(i) Generate a report which shows the contest order and
confirm that the contest order as reported matches the expected
contest order.
(ii) Mark, in all available languages, and print ballots for
20240SB1293PN1836 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
each ballot style using the touchscreen and any other assistive
device provided by the manufacturer and using a predetermined
voting pattern designed so that each contest, and each choice
within each contest, is given a unique number of votes.
(iii) Review the printed ballots to ensure that the ballots
were accurately printed and the votes contained on the printed
ballot match the choices designated by the tester.
(iv) Scan the printed ballots to ensure that the ballots
will scan and generate the expected results.
(v) Shut down, lock and seal the voting device.
(vi) Execute a written statement setting forth the
electronic voting devices tested, the results of the testing,
the protective counter numbers, if applicable, of each voting
device, the number of the seal securing each voting device at
the conclusion of testing, any problems reported to the board as
a result of the testing and whether each electronic voting
device tested is satisfactory or unsatisfactory.
(vii) Prior to the delivery of an electronic voting device
to an election district, examine, or cause to be examined, the
equipment and shall make a certificate stating the identifying
number and election district designation of the equipment.
(2) For each piece of automatic tabulating equipment which
may be used in the upcoming election:
(i) Generate a report which shows the total number of votes
for all contests and candidates and confirm that the totals show
as zero for all contests and candidates.
(ii) Scan premarked ballots for each ballot style using a
predetermined voting pattern designed so that each contest, and
each choice within each contest, is given a unique number of
votes.
20240SB1293PN1836 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) Generate a report which shows the vote totals for each
contest and candidate and compare the reported results to the
expected results to ensure that the automatic tabulating
equipment will generate the expected results.
(iv) Reset all vote totals, shut down, lock and seal the
automated tabulating equipment.
(v) Execute a written statement setting forth the automatic
tabulation equipment tested, the results of the testing, the
protective counter numbers, if applicable, of each automatic
tabulating device, the number of the seal securing each
automatic tabulating device at the conclusion of testing, any
problems reported to the board as a result of the testing and
whether each device tested is satisfactory or unsatisfactory.
(vi) Prior to the delivery of automatic tabulating equipment
to an election district, examine, or cause to be examined, the
equipment and shall make a certificate stating the identifying
number and election district designation of the equipment.
(d) The Secretary of the Commonwealth may prescribe
additional requirements relating to logic and accuracy testing
as the Secretary of the Commonwealth deems appropriate and may
issue directives and instructions for implementation of this
section. Directives issued by the Secretary of the Commonwealth
may not conflict with the requirements on this section.
(e) No later than seven days prior to beginning logic and
accuracy testing, the county board of elections shall give
notice of the location, date and time logic and accuracy testing
will be conducted as follows:
(1) The county board of elections shall mail notice to the
chairman of the county committee of each political party
entitled under law to participate in primary elections within
20240SB1293PN1836 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the county, and to the chairman or presiding officer of any
organization of citizens within the county which has as its
purpose or among its purposes the investigation or prosecution
of election frauds and which has registered its name and address
and the names of its principal officers with the county board of
elections by the first Monday in February of the year.
(2) The county board of elections shall post notice to its
publicly accessible Internet website.
(3) The county board of elections shall publish notice in
accordance with section 106.
(f) The county board of elections shall allow in-person
observation of its logic and accuracy testing. The following
shall apply:
(1) One representative from each political party whose
chairman was entitled to receive notice under subsection (e)(1)
may observe the logic and accuracy testing if the representative
is certified by the chairman of the county committee of the
party.
(2) One representative of each organization entitled to
receive notice under subsection (e)(1) may observe the logic and
accuracy testing if the representative is certified by the
chairman or presiding officer of the organization.
(3) Any registered elector of the county who gives the
county board of elections at least twenty-four hours' notice may
observe the logic and accuracy testing.
(4) A representative or a registered elector who observes
the logic and accuracy testing shall not interfere with the
testing.
(5) The county board of elections may make reasonable rules
and regulations governing the conduct of the representatives and
20240SB1293PN1836 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
registered electors. The rules and regulations must be published
as part of the notice required under subsection (e).
(g) No later than five days after completing logic and
accuracy testing, the county board of elections shall certify
compliance with the requirements of this section to the
Secretary of the Commonwealth in a manner and on a form as
prescribed by the Secretary of the Commonwealth . The Department
of State shall post each certification received by the
Secretary of the Commonwealth under this subsection to its
publicly accessible Internet website.
(h) If the county board of elections fails to comply with
this section, or with any directives or instructions issued by
the Secretary of the Commonwealth under this section, the
following shall apply:
(1) Except as provided in paragraph (2) and section 1854,
only the Secretary of the Commonwealth may bring an action to
enforce this section and may introduce as evidence the failure
of the county board of elections to comply with this section or
any directives or instructions issued by the Secretary of the
Commonwealth under this section.
(2) The Department of State shall implement a system for any
legally registered Pennsylvania voter to submit complaints for
noncompliance in accordance with the following:
(i) After the submission of a complaint, the Department of
State shall issue a decision in five business days.
(ii) The decision may be appealed to Commonwealth Court.
(iii) All expenses shall be paid by the voter.
(3) The failure shall not be the sole cause or justification
for delaying or refusing to perform any duty assigned under this
act, including the county board of elections' duty to receive,
20240SB1293PN1836 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
canvass, compute and certify the returns of each election under
section 302(k).
Section 1856. Falsification of Election-related
Documentation Regarding Pre-election Logic and Accuracy
Testing.--The Secretary of the Commonwealth, member of a county
board of elections, chief clerk, employe, overseer, judge of
election, inspector of election, clerk of election, machine
inspector or custodian or deputy custodian of voting machines on
whom a duty is imposed by this act who knowingly makes a false
statement, representation or certification in a list, record or
other document required to be maintained under section 1110.1-A
or who intentionally or deliberately refrains from complying
with section 1110-A(a.1) or 1110.1-A commits a misdemeanor and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding one thousand ($1,000) dollars, or to undergo
imprisonment of not more than two (2) years, or both, in the
discretion of the court.
Section 4. This act shall take effect immediately.
20240SB1293PN1836 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18