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.

PRINTER'S NO.   1584

                  THE GENERAL ASSEMBLY OF PENNSYLVANIA



                      HOUSE BILL
                      No. 1396
                                             Session of
                                               2025

     INTRODUCED BY McCLINTON, MAY 5, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2025


                                  AN ACT
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in preliminary provisions, further providing for
12      definitions; in district election officers, further providing
13      for compensation of district election officers; in election
14      districts and polling places, providing for ballot drop
15      boxes; in electronic voting systems, further providing for
16      definitions and for supplies, preparation of the voting
17      system and of polling places, providing for pre-election
18      logic and accuracy testing, repealing provisions relating to
19      statistical sample and providing for post-election ballot
20      audit; providing for electronic poll books and for electronic
21      poll books and election infrastructure equipment bonds; in
22      preparation for and conduct of primaries and elections,
23      further providing for manner of applying to vote, persons
24      entitled to vote, voter's certificates, entries to be made in
25      district register, numbered lists of voters and challenges
26      and for deadline for receipt of valid voter registration
27      application; providing for in-person early voting; in voting
28      by qualified absentee electors, further providing for date of
29      application for absentee ballot, for approval of application
30      for absentee ballot, for envelopes for official absentee
31      ballots and for voting by absentee electors; in voting by
32      qualified mail-in electors, further providing for
33      applications for official mail-in ballots, for date of
34      application for mail-in ballot, for approval of application
35      for mail-in ballot, for envelopes for official mail-in
 1      ballots and for voting by mail-in electors; in returns of
 2      primaries and elections, further providing for computation of
 3      returns by county board, certification and issuance of
 4      certificates of election; in Election Integrity Grant
 5      Program, further providing for funding for elections; in
 6      recounts and contests, further providing for opening ballot
 7      boxes upon petition of electors alleging fraud or error and
 8      deposit or bond, for recanvassing voting machines upon
 9      petition of electors alleging fraud or error and for
10      correction of returns, decision not to be final and evidence
11      for prosecution; in penalties, further providing for
12      interference with primaries and elections, frauds and
13      conspiracy; making an appropriation; and making an editorial
14      change.
15   Amending Title 25 (Elections) of the Pennsylvania Consolidated
16      Statutes, in registration system, further providing for SURE
17      system; in voter registration, further providing for
18      qualifications to register, for methods of voter
19      registration, for application with driver's license
20      application and for government agencies and for approval of
21      registration applications; and, in changes in records,
22      repealing provisions relating to removal notices, to transfer
23      of registration and to change of enrollment of political
24      party and further providing for death of registrant.
25      The General Assembly of the Commonwealth of Pennsylvania
26   hereby enacts as follows:
27      Section 1.   Section 102(q.1) of the act of June 3, 1937
28   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
29   amended and the section is amended by adding subsections to
30   read:
31      Section 102.   Definitions.--The following words, when used in
32   this act, shall have the following meanings, unless otherwise
33   clearly apparent from the context:
34      * * *
35      (q.1)   The word "pre-canvass" shall mean the inspection and
36   opening of all envelopes containing official absentee ballots or
37   mail-in ballots, the removal of such ballots from the envelopes
38   and [the counting, computing and tallying of the votes reflected
39   on the ballots.] the preparation of those ballots for scanning,
40   including unfolding, straightening and duplicating if the ballot
41   is damaged in some way that prevents it from being scanned but
42   where the voter's intent is still clear. It shall also include

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 1   scanning the ballot into a voting machine or other automatic
 2   tabulating device, if the equipment used by the county board of
 3   elections permits a ballot to be scanned without tabulating or
 4   counting the votes on the ballot scanned. The term does not
 5   include the examination of unopened absentee or mail-in ballot
 6   envelopes for processing, detecting voter errors or recording or
 7   publishing of the votes reflected on the ballots.
 8         * * *
 9         (z.7)   The words "ballot drop box" shall mean a secure
10   receptacle established by a county board of elections or county
11   election official by which a voted absentee ballot or mail-in
12   ballot may be deposited by hand by the qualified elector, or an
13   authorized third party.
14         (z.8)   The words "photo identification" shall include an
15   electronic or digital representation of a photo identification
16   of an individual issued by a system maintained by the
17   Commonwealth or an agency, county, municipality, school district
18   or institution of higher education of this Commonwealth,
19   displayed on a smartphone or other electronic device.
20         Section 2.   Section 412.2(a) and Article V heading of the act
21   are amended to read:
22         Section 412.2.   Compensation of District Election Officers.--
23   (a)    In all counties regardless of class, judges of election,
24   inspectors of election, clerks and machine operators shall be
25   paid compensation as fixed by the county board of elections for
26   each election, which amount shall be at least [$75 and not more
27   than $200] $175.
28         * * *
29                                  ARTICLE V
30    Election Districts [and], Polling Places and Ballot Drop Boxes

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 1      Section 3.        Article V of the act is amended by adding a
 2   subarticle to read:
 3                             (b.1)   Ballot Drop Boxes
 4   Section 531.1.       Ballot drop box locations to be selected by
 5                  county board of elections.
 6      (a)   County board duties.--
 7            (1)   The county board of elections shall select and fix
 8      the ballot drop box locations within the county for each
 9      election and may, after notifying the secretary and for
10      emergency purposes only, change the ballot drop box locations
11      within the county.
12            (2)   The county board of elections shall inform the
13      secretary of the ballot drop box locations at least 65 days
14      prior to the primary election, municipal election or general
15      election.
16            (3)   The county board of elections shall publicly
17      announce, not less than 55 days prior to any primary
18      election, municipal election or general election, by posting
19      at its office in a conspicuous place and prominently featured
20      on the county's publicly accessible Internet website, a list
21      of the ballot drop box locations within the county. The list
22      must include the address, dates and hours of operation of the
23      ballot drop boxes, ballot return deadline, contact
24      information for the county board of elections and
25      accessibility information. The list shall be available for
26      public inspection at an office of the county board of
27      elections.
28            (4)   For a special election not being held during a
29      primary election, municipal election or general election:
30                  (i)    the county board of elections shall inform the

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 1          secretary of the ballot drop box locations no later than
 2          10 days after the date a writ of election is issued; and
 3                (ii)   the county board of elections shall publicly
 4          announce, no later than 20 days after the date a writ of
 5          election is issued by posting at its office in a
 6          conspicuous place and prominently featured on the
 7          county's publicly accessible Internet website, a list of
 8          the ballot drop box locations within the county. The list
 9          must include the address, dates and hours of operation of
10          the ballot drop boxes, ballot return deadline, contact
11          information for the county board of elections and
12          accessibility information. The list must be available for
13          public inspection at an office of the county board of
14          elections.
15          (5)   If an additional ballot drop box is added, or a
16    ballot drop box is moved for an emergency, the county board
17    of elections must notify the secretary immediately and
18    simultaneously update the county's publicly accessible
19    Internet website with the new locations.
20          (6)   A county board of elections shall immediately
21    forward to the correct county board of elections any out-of-
22    county absentee ballots and mail-in ballots deposited in the
23    county board of elections' ballot drop box. County boards of
24    election shall accept receipt of absentee ballots and mail-in
25    ballots from other county boards of election up until 8:00
26    p.m. on election day.
27    (b)   Minimum ballot drop box requirement.--
28          (1)   Each county must provide at least two ballot drop
29    boxes within the county for each primary election, special
30    election, municipal election or general election. The ballot

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 1      drop boxes must be arrayed throughout the county. The county
 2      board of elections may add additional ballot drop boxes.
 3      Nothing in this section shall limit counties to only two
 4      ballot drop boxes if the county board of elections deems
 5      additional ballot drop boxes are appropriate.
 6            (2)   In addition to the ballot drop boxes required under
 7      paragraph (1), the county board of elections in a county with
 8      a population over 100,000 must provide additional ballot drop
 9      boxes equal to at least one additional ballot drop box for
10      every 50,000 registered voters over 100,000 as determined on
11      the date of the November election of the preceding year.
12      (c)   Prohibition.--A county or municipality may not prohibit
13   or inhibit the use of ballot drop boxes.
14   Section 531.2.        Signage, hours of operation and security.
15      (a)   Label.--Each ballot drop box must be labeled "Official
16   Ballot Drop Box" and must include the following:
17            (1)   Specific points identifying the slot where ballots
18      are to be inserted. A ballot drop box may have more than one
19      ballot slot.
20            (2)   Language stating counterfeiting, forging, tampering
21      with or destroying ballots is a second-degree misdemeanor
22      under sections 1816, 1817 and 1827.
23            (3)   A statement that third-party return of a ballot is
24      prohibited unless the individual returning the ballot:
25                  (i)     is rendering assistance to a disabled voter or
26            an emergency absentee voter as authorized by law;
27                  (ii)    is a member of the same household as the voter;
28                  (iii)    is the voter's parent, grandparent or adult
29            child; or
30                  (iv)    is a caregiver.

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 1            (4)   A statement requesting that the designated county
 2      elections official shall be notified immediately if the
 3      ballot drop box is full, not functioning or is damaged,
 4      including a telephone number and email address for the
 5      designated county elections official.
 6            (5)   Signage that states "You are returning your
 7      ballot to (name of county) County. If you are registered to
 8      vote in another county, your ballot will be forwarded but
 9      will not be considered timely received unless and until it's
10      received by your county of registration by 8:00 p.m. on
11      election day" or substantially similar language.
12      (b)   Surveillance and security.--Except for ballot drop boxes
13   provided under section 531.1(e), while available, the ballot
14   drop box shall be under video surveillance, securely fastened to
15   a stationary surface or an immovable object for the duration of
16   its deployment during an election. The ballot drop box must be
17   constructed to securely receive and hold the absentee ballots
18   and mail-in ballots and have a unique identifying number. The
19   ballot drop box shall be secured by a lock and shall include a
20   tamper-evident seal. Only the county board of elections, a
21   county election official or an individual designated by the
22   county board of elections shall have access to the means to
23   unfasten the lock.
24      (c)   Duties of secretary.--The secretary shall develop
25   standards and issue appropriate directives for additional
26   security measures at ballot drop box locations.
27      (d)   Access.--Ballot drop boxes must be made available for
28   use by voters at least 30 days before the next occurring primary
29   election, special election, municipal election or general
30   election. At least one ballot drop box per county must be made

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 1   available 24 hours a day for use by voters.
 2   Section 531.3.    Removal of absentee ballots and mail-in ballots.
 3      (a)   Ballot removal.--Absentee and mail-in ballots must be
 4   removed from each ballot drop box at least once every day by at
 5   least two individuals. Both individuals must be a county
 6   election official or an individual designated by the county
 7   board of elections. Each individual removing ballots from any
 8   ballot drop box shall carry proper identification.
 9      (b)   Collection and chain of custody requirement.--Conforming
10   with the requirements of this section and any other directives
11   of the secretary, each county board of elections shall utilize
12   ballot collection and chain of custody procedures. The
13   department shall create a paper or electronic form, entitled the
14   Ballot Drop Box Collection Form, to be used when retrieving
15   absentee ballots and mail-in ballots from the ballot drop boxes.
16      (c)   Form required.--A Ballot Drop Box Collection Form must
17   be completed by the county election officials and individuals
18   designated by the county board of elections each time they
19   remove absentee ballots and mail-in ballots from a ballot drop
20   box and return absentee ballots and mail-in ballots to the
21   county board of elections in a secured transport container. A
22   Ballot Drop Box Collection Form must include the following
23   information:
24            (1)   The ballot drop box location and the unique
25      identifying number of the ballot drop box.
26            (2)   The date and time ballots were emptied from the
27      ballot drop box.
28            (3)   The names of the individuals removing the ballots
29      from the ballot drop box and the name of the individual who
30      secured and relocked the ballot drop box.

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 1            (4)   The name of the county election official or designee
 2      receiving the secured transport container.
 3            (5)   The date and time the county election official or
 4      designee received the secured transport container.
 5            (6)   The number of ballots delivered in the secured
 6      transport container.
 7      (d)   Transportation and security.--Absentee ballots and mail-
 8   in ballots from ballot drop boxes must be returned to the county
 9   board of elections in secured transport containers and
10   immediately taken to a secure location established by the county
11   board of elections to be held until ballots are pre-canvassed
12   under this act. A county election official or individual
13   designated by the county board of elections shall take control
14   of the secured transport container and inspect the container for
15   tampering. The county election official or individual designated
16   by the county board of elections receiving the ballots shall
17   complete the Ballot Drop Box Collection Form.
18      (e)   Interference prohibited.--An individual may not
19   interfere with the emptying of ballot drop boxes. An individual
20   who interferes with the removal of ballots from a ballot drop
21   box or inhibits or prevents a voter or authorized agent from
22   lawfully depositing a ballot commits a criminal offense under
23   section 1849.
24      Section 3.1.    Section 1101-A of the act is amended by adding
25   definitions to read:
26      Section 1101-A.     Definitions.--As used in this article:
27      * * *
28      "Ballot set" means one of any number of ballot types each
29   used for a particular method of voting, including absentee
30   ballot voting, mail-in ballot voting, voting in-person at a

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 1   polling place and voting by emergency paper ballot.
 2      "Ballot style" means a ballot's particular array of election
 3   contests and candidates specific to an election district. Each
 4   ballot set shall comprise ballots with various ballot styles.
 5      * * *
 6      Section 3.2.    Section 1110-A(d) and (e) of the act are
 7   amended to read:
 8      Section 1110-A.    Supplies; Preparation of the Voting System
 9   and of Polling Places.--* * *
10      [(d)    On or before the fortieth day preceding any election,
11   the county board of elections shall mail to the chairman of the
12   county committee of each political party which shall be entitled
13   under existing laws to participate in primary elections within
14   the county, and to the chairman or presiding officer of any
15   organization of citizens within the county which has as its
16   purpose or among its purposes the investigation or prosecution
17   of election frauds and which has registered its name and address
18   and the names of its principal officers with the county board of
19   elections at least fifty days before the election, a written
20   notice stating the times when and the place or places where
21   preparation of the system and its components for use in the
22   several election districts in the county or municipality will be
23   started. One representative of each such political party,
24   certified by the respective chairman of the county committee of
25   such party, and one representative of each such organization of
26   citizens, certified by the respective chairman or presiding
27   officer of such organization shall be entitled to be present
28   during the preparation of the voting system and its components
29   and to see that they are properly prepared and are in proper
30   condition and order for use. Such representatives shall not

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 1   interfere with the preparation of the system and its components,
 2   and the county board may make reasonable rules and regulations
 3   governing the conduct of such representatives.
 4         (e)   Prior to the delivery of any automatic tabulating
 5   equipment to any election district the county board of elections
 6   shall examine or cause to have examined such equipment and shall
 7   make a certificate stating:
 8         (1)   the identifying number and election district designation
 9   of the equipment;
10         (2)   that the equipment is suitable for use in the particular
11   election district designated;
12         (3)   that the equipment has been tested to ascertain that it
13   will accurately compute the votes cast for all offices and all
14   questions;
15         (4)   that the offices and questions on the official ballot
16   correspond in all respects with the ballot labels assigned to
17   such particular election district;
18         (5)   that the public counter and the counters for each
19   candidate position and each question are all set at zero and
20   that element that generates a printed record of the results of
21   the election is functioning correctly; and
22         (6)   the number on the seal with which the equipment is
23   sealed.]
24         * * *
25         Section 3.3.   The act is amended by adding a section to read:
26         Section 1110.1-A.   Pre-Election Logic and Accuracy Testing.--
27   (a)    Prior to an election in which an electronic voting system
28   is to be used, the county board of elections shall complete
29   logic and accuracy testing for the electronic voting system in
30   accordance with this section to ensure that voting equipment

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 1   functions as expected and votes are accurately tabulated.
 2      (b)    Logic and accuracy testing shall be sufficient to
 3   determine that:
 4      (1)    The electronic voting system is properly programmed.
 5      (2)    The election is correctly defined on the electronic
 6   voting system.
 7      (3)    All of the input, output and communication devices for
 8   the electronic voting system are working properly.
 9      (c)    (1)   Except as provided in paragraph (2), logic and
10   accuracy testing shall be completed as soon as ballots are
11   available.
12      (2)    If a proceeding is pending in a Federal or State court
13   that would affect the contents of a ballot, logic and accuracy
14   testing shall be completed no later than the eleventh day prior
15   to the election.
16      (d)    During logic and accuracy testing, the county board of
17   elections shall:
18      (1)    For each voting device that will or may be used in the
19   upcoming election:
20      (i)    Generate a report that shows the contest order and
21   confirm that the contest order as reported matches the expected
22   contest order.
23      (ii)    Mark, in all available languages using the touchscreen
24   and any other assistive device provided by the manufacturer, and
25   print ballots for each ballot style using a predetermined voting
26   pattern designed such that each contest, and each choice within
27   each contest, is given a unique number of votes.
28      (iii)     Review the printed ballots to ensure that the ballots
29   were accurately printed and the votes contained on the printed
30   ballot match the choices designated by the tester.

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 1      (iv)    Scan the printed ballots to ensure that the ballots
 2   will scan and generate the expected results.
 3      (v)    Shut down, lock and seal the voting device.
 4      (vi)    Execute a written statement specifying:
 5      (A)    The electronic voting devices tested.
 6      (B)    The results of the testing.
 7      (C)    The protective counter numbers, if applicable, of each
 8   tabulation device.
 9      (D)    The number of the seal securing each tabulation device
10   at the conclusion of testing.
11      (E)    Any problems reported to the county board of elections
12   as a result of the testing.
13      (F)    The identifying number and election district designation
14   of the device.
15      (G)    Whether each device tested is satisfactory or
16   unsatisfactory.
17      (2)    For each piece of automatic tabulating equipment that
18   will or may be used in the upcoming election:
19      (i)    Generate a report that shows the total number of votes
20   for all contests and candidates and confirm that the totals show
21   as zero for all contests and candidates.
22      (ii)    Scan premarked ballots for each ballot style using a
23   predetermined voting pattern designed such that each contest,
24   and each choice within each contest, is given a unique number of
25   votes.
26      (iii)    Generate a report that shows the vote totals for each
27   contest and candidate and compare the reported results to the
28   expected results to ensure that the automatic tabulating
29   equipment will generate the expected results.
30      (iv)    Reset all vote totals, shut down, lock and seal the

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 1   automated tabulating equipment.
 2      (v)     Execute a written statement specifying:
 3      (A)     The automatic tabulation equipment tested.
 4      (B)     The results of the testing.
 5      (C)     The protective counter numbers, if applicable, of each
 6   tabulation device.
 7      (D)     The number of the seal securing each tabulation device
 8   at the conclusion of testing.
 9      (E)     Any problems reported to the county board of elections
10   as a result of the testing.
11      (F)     Whether each device tested is satisfactory or
12   unsatisfactory.
13      (e)     The Secretary of the Commonwealth may:
14      (1)     Prescribe additional requirements relating to logic and
15   accuracy testing as the Secretary of the Commonwealth deems
16   appropriate.
17      (2)     Issue directives and instructions for the implementation
18   and administration of this section, but only if the directives
19   and instructions do not conflict with the requirements of this
20   section.
21      (f)     No later than forty-eight hours prior to beginning logic
22   and accuracy testing, the county board of elections shall give
23   notice of the times and places in which the logic and accuracy
24   testing will be conducted as follows:
25      (1)     The county board of elections shall mail the notice to:
26      (i)     The chairperson of the county committee of each
27   political party that is entitled to participate in primary
28   elections within the county.
29      (ii)     The chairperson or presiding officer of each
30   organization within the county whose purpose includes the

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 1   investigation or prosecution of election frauds and that has
 2   registered its name and address and the names of its principal
 3   officers with the county board of elections by the first Monday
 4   in February of the year.
 5      (2)     The county board of elections shall post the notice on
 6   its publicly accessible Internet website.
 7      (3)     The county board of elections shall publish the notice
 8   in accordance with section 106, with the notice to be published
 9   once.
10      (g)     The county board of elections shall allow in-person
11   observation of logic and accuracy testing in accordance with the
12   following procedures:
13      (1)     One representative from each political party whose
14   chairperson is entitled to receive notice under subsection (f)
15   (1)(i) may observe the logic and accuracy testing, if the
16   representative is certified by the chairperson of the county
17   committee of the party.
18      (2)     One representative of each organization entitled to
19   receive notice under subsection (f)(1)(ii) may observe the logic
20   and accuracy testing if the representative is certified by the
21   chairperson or presiding officer of the organization.
22      (3)     A registered elector of the county who gives the county
23   board of elections at least twenty-four hours' notice may
24   observe the logic and accuracy testing.
25      (4)     A representative or a registered elector who observes
26   the logic and accuracy testing may not interfere with the
27   testing.
28      (5)     The county board of elections may make reasonable rules
29   and regulations governing the conduct of the representatives and
30   registered electors during the logic and accuracy testing. The

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 1   rules and regulations must be published as part of the notice
 2   required under subsection (f).
 3      (h)   No later than five days after completing logic and
 4   accuracy testing, the county board of elections shall certify
 5   compliance with the requirements of this section to the
 6   Secretary of the Commonwealth in a manner and on a form as
 7   prescribed by the Secretary of the Commonwealth. The Department
 8   of State shall post each certification received by the Secretary
 9   of the Commonwealth under this subsection to its publicly
10   accessible Internet website.
11      (i)   If the county board of elections fails to comply with
12   this section or with any directive or instruction issued by the
13   Secretary of the Commonwealth under this section, the following
14   shall apply:
15      (1)   Except as provided in paragraph (2), the failure shall
16   not constitute competent evidence in any administrative,
17   legislative or judicial proceeding, including any petition for
18   recount under section 1404(e), 1701, 1702 or 1703.
19      (2)   Notwithstanding paragraph (1), the Secretary of the
20   Commonwealth may bring an action to enforce this section and may
21   introduce as evidence the failure of the county board of
22   elections to comply with this section or any directive or
23   instruction issued by the Secretary of the Commonwealth under
24   this section.
25      (3)   The failure shall not be cause or justification for
26   delaying or refusing to perform any duty assigned under this
27   act, including the county board of elections' duty to receive,
28   canvass, compute or certify the returns of each election under
29   section 302(k).
30      Section 4.     Section 1117-A of the act is repealed:

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 1      [Section 1117-A.    Statistical Sample.--The county board of
 2   elections, as part of the computation and canvass of returns,
 3   shall conduct a statistical recount of a random sample of
 4   ballots after each election using manual, mechanical or
 5   electronic devices of a type different than those used for the
 6   specific election. The sample shall include at least two (2) per
 7   centum of the votes cast or two thousand (2,000) votes whichever
 8   is the lesser.]
 9      Section 5.     The act is amended by adding a section to read:
10      Section 1117.1-A.    Post-Election Ballot Audit.--(a)   After
11   each regularly scheduled primary and general election, each
12   county board of elections shall participate in a bipartisan
13   post-election ballot audit in accordance with the following:
14      (1)    The audit shall include a review of a random sample of
15   paper ballots cast in one or more selected Statewide or county
16   contests.
17      (2)    The audit shall be facilitated by the department.
18      (3)    The audit shall include the contested race at the top of
19   the ballot and, if existing, an additional Statewide contest to
20   be randomly selected by the department. The following are not
21   eligible for selection:
22      (i)    An uncontested race.
23      (ii)     A race for which a full recount has been ordered.
24      (4)    The department shall identify, approve and employ an
25   audit method that provides a high statistical confidence that
26   the election outcome in each audited Statewide contest is
27   correct. All department-approved audit methods shall be
28   consistent with best practices in the field, including methods
29   approved by the National Academies of Sciences and the American
30   Statistical Association.

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 1      (5)     The department shall direct and oversee the process to
 2   randomly select the ballots necessary to confirm the accuracy of
 3   the election outcome for the Statewide races, based on the
 4   statistical methods and on the margin between the winning and
 5   the losing candidate or measure.
 6      (6)     As soon as practicable following the completion of the
 7   audit, the department shall publish detailed audit data that
 8   allows the public to verify the random sample, audit
 9   calculations and audit results on its publicly accessible
10   Internet website. No data published may reveal the contents of
11   any ballot.
12      (7)     The department and each county shall provide public
13   notice in accordance with 65 Pa.C.S. Ch. 7 (relating to open
14   meetings) of the time and place of the audit processes. The
15   audit shall be conducted in public view to permit observation
16   and within feasible election operations. The county board may
17   establish reasonable restrictions to prevent members of the
18   public from interfering with the audit process. A member of the
19   public may not:
20      (i)     Touch ballots or other official materials.
21      (ii)     In any way impede the process.
22      (8)     The audit:
23      (i)     Shall take into account all forms of validly cast
24   ballots, including in-person, absentee, mail-in and provisional
25   ballots.
26      (ii)     May include hand-marked, ballot marking device-marked
27   and disability tool-marked ballots.
28      (9)     Each official participating in the audit shall swear or
29   affirm that the participant will support, obey and defend the
30   Constitution of the United States and the Constitution of

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 1   Pennsylvania and that the participant will discharge the duties
 2   of the audit with fidelity.
 3      (10)   Each official participating in the audit shall ensure
 4   that each ballot examined during the audit is protected from
 5   loss, substitution, alteration or addition.
 6      (11)   The department shall provide any necessary
 7   instructions, software and other materials to the county boards
 8   to carry out these audits.
 9      (12)   The secretary shall promulgate rules, regulations and
10   procedures as necessary to implement this section.
11      (13)   The audit process and oversight, including ballot
12   review and reporting of votes, shall be conducted by teams of no
13   less than two officials and no greater than three officials
14   representing a partisan balance which shall include the two
15   principal political parties, and may include additional
16   unaffiliated voters. Each audit team member shall be appointed
17   by the county board of elections from a pool of competent
18   persons who are qualified registered electors of the county and
19   who meet the above criteria. Any audit team vacancy occurring at
20   any time preceding or on the day of the audit shall be filled by
21   appointment by the county board of elections according to the
22   above criteria.
23      (b)    The following shall apply:
24      (1)    The post-election ballot audits must be completed during
25   the official canvass before a county board finalizes the
26   certification of official election returns before the third
27   Monday after the primary or general election.
28      (2)    The secretary may extend the county certification
29   deadline if the extension:
30      (i)    is necessary to complete the audit; and

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 1      (ii)     does not impair other deadlines.
 2      (3)     If the results of the audit confirm to a high degree of
 3   statistical confidence that the originally reported contest
 4   outcome was correct, the contests shall be certified by the
 5   county and the secretary.
 6      (4)     If the initial audit result fails to confirm to a high
 7   degree of statistical confidence that the originally reported
 8   contest outcome was correct, the following shall apply:
 9      (i)     Within forty-eight (48) hours, the secretary shall
10   direct relevant counties to commence appropriate action to
11   confirm or determine the outcome.
12      (ii)     The action may include further investigation or
13   expanding the size and scope of the ballot sample, including, if
14   necessary, a full recount of all ballots cast for the audited
15   contest.
16      (5)     If the official results of a full recount conclude a
17   different outcome than the originally reported results, the
18   winner determined by the full recount shall replace the
19   originally reported winner and the county and the secretary
20   shall certify the results as determined by the full recount.
21      (c)     As used in this section, the following words and phrases
22   shall have the meanings given to them in this subsection unless
23   the context clearly indicates otherwise:
24      "Department" shall mean the Department of State of the
25   Commonwealth.
26      "Paper ballot" shall mean the original of all forms of
27   validly cast and counted ballots, including qualified in-person,
28   absentee, mail-in and provisional ballots, and may include hand
29   marked, ballot marking device-marked and disability tool-marked
30   ballots.

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 1      "Post-election ballot audit" shall mean a post-election
 2   process that involves inspection of a random sample of paper
 3   ballots to verify votes cast in one or more selected contests,
 4   as determined and facilitated by the department.
 5      "Secretary" shall mean the Secretary of the Commonwealth.
 6      Section 6.     The act is amended by adding articles to read:
 7                                ARTICLE XI-C
 8                           ELECTRONIC POLL BOOKS
 9   Section 1101-C.    Definitions.
10      The following words and phrases when used in this article
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Board."   The county board of elections.
14      "Department."    The Department of State of the Commonwealth.
15      "Electronic poll books."       A secure and self-contained
16   electronic record system examined, approved and certified by the
17   secretary, constituting the voters' certificates, voting check
18   list, numbered lists of voters, district register and general
19   register for the county that:
20          (1)    has the ability to enable a poll worker to perform
21      by electronic means each of the same functions performed
22      using a paper district register during an election;
23          (2)    receives and stores electronically the name,
24      address, date of birth, identifying municipality, particular
25      election district from which the voter is registered,
26      signature of voters and any other necessary voter
27      information;
28          (3)    securely downloads and uploads voter information in
29      concert with the SURE system;
30          (4)    contains information regarding whether a registered

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 1      voter already voted in the particular election, requested an
 2      absentee or mail-in ballot or returned an absentee or mail-in
 3      ballot;
 4            (5)   allows real-time transmission of information to and
 5      from SURE and other electronic poll books regarding updates
 6      to voter registration and voter history records.
 7            (6)   if used at a polling place on election day,
 8      redirects an in-person voter to their correct polling place;
 9            (7)   provides an auditable record of the district
10      register for a particular election; and
11            (8)   has any other capability or standard deemed
12      appropriate by the secretary.
13      "Secretary."    The Secretary of the Commonwealth.
14      "SURE system."    The Statewide Uniform Registry of Electors
15   established under 25 Pa.C.S. § 1222 (relating to SURE system).
16   Section 1102-C.    Use.
17      (a)   Standards.--Each board shall use electronic poll books
18   that meet the minimum standards published by the secretary under
19   section 1103-C in all early voting locations and precincts on
20   election day for each primary and election held after December
21   31, 2026. Electronic poll books shall serve as the district
22   register and shall be used as all of the following in each
23   voting location allowed for by law in this Commonwealth:
24            (1)   Voters' certificates.
25            (2)   Voting check lists.
26            (3)   Numbered lists of voters.
27            (4)   District registers.
28            (5)   For the management of district registers during
29      elections.
30            (6)   Any other use deemed appropriate by the secretary.

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 1      (b)   Poll book standards.--An electronic poll book may not be
 2   used by a county board of elections unless it meets the
 3   standards established and published by the secretary under
 4   section 1103-C and is examined, approved and certified in
 5   accordance with the secretary's directive. The secretary shall
 6   have the authority to decertify and prohibit from use any
 7   electronic poll book that at any point does not meet the
 8   standards under this section or as set forth in the secretary's
 9   directive.
10   Section 1103-C.   Standards.
11      (a)   General.--The secretary, in coordination with the Office
12   of Administration and Office of Information Technology, shall,
13   upon request by a commercial electronic poll book vendor or
14   county board of elections, examine commercially available
15   electronic poll books and, upon successful completion of the
16   examination, approve examined poll books for use. The secretary
17   shall issue a directive establishing requirements and
18   specifications which shall define the minimum standards
19   required, capabilities and security requirements of electronic
20   poll books for certification by the secretary. The requirements
21   and specifications shall include compatibility with the SURE
22   system, screen size, technology documentation, user safety,
23   accessibility, durability, device and system security standards,
24   data encryption, audit log, data and power backup, signature
25   capture requirements, voter data fields and any other
26   requirements identified as necessary to meet the needs for each
27   voting location allowed by law in this Commonwealth. The
28   secretary, in issuing such directive, shall take appropriate
29   measures to protect against the disclosure of sensitive
30   information relating to security and infrastructure.

20250HB1396PN1584                   - 23 -
 1      (b)   Compatibility.--To have compatibility with the SURE
 2   system, an electronic poll book must include the ability to
 3   import the records of each registered voter in the election
 4   district and county and update those records before election
 5   day, to record edits to the records on election day, and to
 6   export to the SURE system each of the election activity and
 7   voter participation information that occurs each day and the
 8   capability to generate a report of all election activity and
 9   participation information for manual entry into the SURE system.
10      (c)   Prohibited interest.--The secretary, the department
11   staff involved with implementation, maintenance or upkeep of the
12   SURE system or electronic poll books or any member of a board
13   may not hold a pecuniary interest in an electronic poll book
14   company, components of an electronic poll book or in the design,
15   manufacture or sale of an electronic poll book.
16      (d)   Access to poll books.--The county board shall secure
17   each electronic poll book and prohibit third-party access not
18   authorized by the secretary. The secretary shall develop
19   standards and issue a directive for secure storage of electronic
20   poll books during and at any time before or after an election.
21   Failure of a county board or election worker to comply with the
22   secretary's directive may result in a decertification or
23   decommissioning of the county's electronic poll books and fines
24   as prescribed by the secretary.
25      (e)   Standards and requirements.--The secretary shall develop
26   standards and requirements for a board to ensure that a paper
27   version of the district register and all necessary documents,
28   including numbered list of voters, are available at a polling
29   place on election day and can be updated in the event of a
30   failure of or inability to use an electronic poll book.

20250HB1396PN1584                  - 24 -
 1   Section 1104-C.    Funding for acquisition.
 2      (a)     Declaration of policy.--The General Assembly finds and
 3   declares that funding of the acquisition of electronic poll
 4   books for the management of voter data for each polling place in
 5   this Commonwealth is in the best interest of this Commonwealth.
 6      (b)     Appropriation.--The General Assembly appropriates
 7   $2,000,000 from the General Fund to the department for the
 8   examination and approval of commercially available electronic
 9   poll books that shall be compatible with the SURE system and for
10   the development and implementation of a secure electronic poll
11   book network to be used by counties.
12                                ARTICLE XI-D
13                         ELECTRONIC POLL BOOKS AND
14                  ELECTION INFRASTRUCTURE EQUIPMENT BONDS
15   Section 1101-D.    Definitions.
16      The following words and phrases when used in this article
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Account."     The County Electronic Poll Book and Election
20   Infrastructure Equipment Reimbursement Account established under
21   section 1106-D.
22      "Authority."     The Pennsylvania Economic Development Financing
23   Authority.
24      "Bond."     Any type of revenue obligation, including a bond or
25   series of bonds, note, certificate or other instrument, issued
26   by the authority for the benefit of the department under this
27   article.
28      "Bond administrative expenses."         Expenses incurred to
29   administer bonds as provided under the Financing Law, or as
30   necessary to ensure compliance with Federal or State law.

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 1      "Bond obligations."       The principal of a bond and any premium
 2   and interest payable on a bond, together with any amount owed
 3   under a related credit agreement or a related resolution of the
 4   authority authorizing a bond.
 5      "Credit agreement."       A loan agreement, a revolving credit
 6   agreement, an agreement establishing a line of credit, a letter
 7   of credit or another agreement that enhances the marketability,
 8   security or creditworthiness of a bond.
 9      "Department."      The Department of State of the Commonwealth.
10      "Election infrastructure equipment."       The following apply:
11          (1)   Hardware or software, or both, that is used by a
12      county in running elections. The term includes, but is not
13      limited to:
14                (i)    mail-ballot processing equipment, such as
15          envelope openers; and
16                (ii)    information technology equipment, such as:
17                       (A)   broadband, Internet or cellular
18                infrastructure; or
19                       (B)   intrusion detection sensors, deployed to
20                enhance the security of electronic voting systems,
21                electronic poll books and other election systems by
22                detecting and reporting hacking attempts and other
23                election security breaches.
24          (2)   The term does not include electronic voting systems
25      or electronic poll books.
26      "Electronic poll book."       The components of electronic poll
27   books as defined in section 1101-C.
28      "Electronic voting system."       As defined in section 1101-A.
29      "Financing Law."       The act of August 23, 1967 (P.L.251,
30   No.102), known as the Economic Development Financing Law.

20250HB1396PN1584                      - 26 -
 1   Section 1102-D.    Bond issuance.
 2      (a)   Declaration of policy.--The General Assembly finds and
 3   declares that funding for electronic poll books and election
 4   infrastructure equipment, including interest, through the
 5   authority, is in the best interest of this Commonwealth.
 6      (b)   Authority.--Notwithstanding any other law, the following
 7   shall apply:
 8            (1)   The department may be a project applicant under the
 9      Financing Law and may apply to the authority for the funding
10      of electronic poll books and election infrastructure
11      equipment.
12            (2)   The authority may issue bonds under the Financing
13      Law, consistent with this article, to finance a project or
14      projects consisting of funding the purchase, replacement or
15      lease of electronic poll books by the counties, the
16      reimbursement to the counties for their cost to purchase or
17      lease electronic poll books and for the purchase or lease of
18      election infrastructure equipment by the counties.
19            (3)   Participation of an industrial and commercial
20      development authority shall not be required to finance the
21      projects or to issue the bonds described under this article.
22      (c)   Debt or liability.--
23            (1)   Bonds issued under this article shall not be a debt
24      or liability of the Commonwealth and shall not create or
25      constitute an indebtedness, liability or obligation of the
26      Commonwealth.
27            (2)   Bond obligations and bond administrative expenses
28      shall be payable solely from revenues or money pledged or
29      available for repayment as authorized under this article.
30      This paragraph shall include the proceeds of any issuance of

20250HB1396PN1584                    - 27 -
 1      bonds.
 2            (3)   Each bond shall contain on the bond's face a
 3      statement that:
 4                  (i)    the authority is obligated to pay the principal
 5            or interest on the bonds only from the revenues or money
 6            pledged or available for repayment as authorized under
 7            this article;
 8                  (ii)    neither the Commonwealth nor a county is
 9            obligated to pay the principal or interest; and
10                  (iii)    the full faith and credit of the Commonwealth
11            or any county is not pledged to the payment of the
12            principal of or the interest on the bonds.
13   Section 1103-D.        Criteria for bond issuance.
14      (a)   Application.--
15            (1)   The department shall apply to the authority to issue
16      bonds to provide financing to the department to:
17                  (i)    reimburse each county for the county's cost to
18            purchase or lease electronic poll books;
19                  (ii)    fund a county's purchase or lease of electronic
20            poll books; or
21                  (iii)    fund the purchase or lease of election
22            infrastructure equipment.
23            (2)   The choice of the funding options under paragraph
24      (1)(i) or (ii) and the choice of type of electronic poll
25      books shall be at the discretion of the Secretary of the
26      Commonwealth.
27      (b)   Issuance.--Bonds may be issued in one or more series,
28   and each series may finance reimbursement grants to one or more
29   counties.
30      (c)   Terms.--

20250HB1396PN1584                       - 28 -
 1            (1)   The department, with the approval of the Office of
 2      the Budget, shall specify in its application to the
 3      authority:
 4                  (i)    the maximum principal amount of the bonds for
 5            each bond issue; and
 6                  (ii)    the maximum term of the bonds consistent with
 7            applicable law.
 8            (2)   The total principal amount for all bonds, not
 9      including refunding bonds, issued under this article may not
10      exceed $60,000,000.
11            (3)   The term of the bonds issued under this article may
12      not exceed 10 years from the respective date of original
13      issuance.
14      (d)   Expiration.--For the purpose of this article, the
15   authorization to issue bonds, except for the authorization to
16   issue refunding bonds, shall expire December 31, 2027.
17   Section 1104-D.       Issuance of bonds and sources of payments.
18      (a)   Issuance.--The authority shall consider issuing the
19   bonds upon application by the department. Bonds issued under
20   this article shall be subject to the provisions of the Financing
21   Law, unless otherwise specified under this article.
22      (b)   Service agreement authorized.--The authority and the
23   department may enter into an agreement or service agreement to
24   effectuate this article, including an agreement to secure bonds
25   issued for the purposes under section 1102-D(b), pursuant to
26   which the department shall agree to pay the bond obligations and
27   bond administrative expenses to the authority in each fiscal
28   year that the bonds or refunding bonds are outstanding in
29   amounts sufficient to timely pay in full the bond obligations,
30   bond administrative expenses and any other financing costs due

20250HB1396PN1584                       - 29 -
 1   on the bonds issued for the purposes under section 1102-D(b).
 2   The department's payment of the bond obligations, bond
 3   administrative expenses and other financing costs due on the
 4   bonds as service charges under an agreement or service agreement
 5   shall be subject to and dependent upon the appropriation of
 6   funds by the General Assembly to the department for payment of
 7   the service charges. The service agreement may be amended or
 8   supplemented by the authority and the department in connection
 9   with the issuance of any series of bonds or refunding bonds
10   authorized under this article.
11   Section 1105-D.   Sale of bonds.
12      The authority shall offer the bonds for sale by means of a
13   public, competitive sale or by means of a negotiated sale based
14   on the authority's determination of which method will produce
15   the most benefit to counties and the Commonwealth.
16   Section 1106-D.   Deposit of bond proceeds.
17      The net proceeds of bonds, other than refunding bonds,
18   exclusive of costs of issuance, reserves and any other financing
19   charges, shall be transferred by the authority to the State
20   Treasurer for deposit into a restricted account established in
21   the State Treasury and held solely for the purposes under
22   section 1102-D(b) to be known as the County Electronic Poll Book
23   and Election Infrastructure Equipment Reimbursement Account. The
24   department shall pay out the bond proceeds to the counties from
25   the account in accordance with this article.
26   Section 1107-D.   Payment of bond-related obligations.
27      For each fiscal year in which bond obligations and bond
28   administrative expenses will be due, the authority shall notify
29   the department of the amount of bond obligations and the
30   estimated amount of bond administrative expenses in sufficient

20250HB1396PN1584                  - 30 -
 1   time, as determined by the department, to permit the department
 2   to request an appropriation sufficient to pay bond obligations
 3   and bond administrative expenses that will be due and payable in
 4   the following fiscal year. The authority's calculation of the
 5   amount of bond obligations and bond administrative expenses that
 6   will be due shall be subject to verification by the department.
 7   Section 1108-D.     Commonwealth not to impair bond-related
 8                obligations.
 9      The Commonwealth pledges that it shall not do any of the
10   following:
11          (1)   Limit or alter the rights and responsibilities of
12      the authority or the department under this article, including
13      the responsibility to:
14                (i)    pay bond obligations and bond administrative
15          expenses; and
16                (ii)    comply with any other instrument or agreement
17          pertaining to bonds.
18          (2)   Alter or limit the service agreement under section
19      1104-D(b).
20          (3)   Impair the rights and remedies of the holders of
21      bonds, until each bond issued and the interest on the bond
22      are fully met and discharged.
23   Section 1109-D.     Personal liability.
24      The members, directors, officers and employees of the
25   department and the authority shall not be personally liable as a
26   result of good faith exercise of the rights and responsibilities
27   granted under this article.
28   Section 1110-D.     Annual report.
29      No later than March 1 of the year following the first full
30   year in which bonds have been issued under this article and for

20250HB1396PN1584                     - 31 -
 1   each year thereafter in which bond obligations existed in the
 2   prior year, the department shall submit an annual report to the
 3   chair and minority chair of the Appropriations Committee of the
 4   Senate, the chair and minority chair of the Appropriations
 5   Committee of the House of Representatives, the chair and
 6   minority chair of the State Government Committee of the Senate
 7   and the chair and minority chair of the State Government
 8   Committee of the House of Representatives and publish the report
 9   on the department's publicly accessible Internet website
10   providing all data available on bonds issued or existing in the
11   prior year. The report shall include existing and anticipated
12   bond principal, interest and administrative costs, revenue,
13   repayments, refinancing, overall benefits to counties and any
14   other relevant data, facts and statistics that the department
15   believes necessary in the content of the report.
16   Section 1111-D.       County electronic poll book and election
17                  infrastructure expenses.
18      (a)   Application.--
19            (1)   A county may apply to the department to receive
20      funding or reimbursement for:
21                  (i)    the purchase or lease of electronic poll books;
22            and
23                  (ii)   the purchase or lease of election
24            infrastructure equipment.
25            (2)   Each county shall apply for funding on a form
26      containing information and documentation prescribed by the
27      department no later than July 1, 2026. The department may
28      allow a c

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