HB 2369 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in returns of primaries and elections, further providing for appeals to court from decisions of the county board and for Secretary of the Commonwealth to tabulate, compute and canvass returns; and, in recounts and contests, further providing for entry and effect of decision and providing for appeal.

PRINTER'S NO.   3156

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2369
                                               Session of
                                                 2026

     INTRODUCED BY SANCHEZ, KHAN, MADDEN, MALAGARI, FREEMAN, BURGOS,
        BRENNAN, OTTEN, HOWARD, GUZMAN, MERSKI, DELLOSO AND CEPEDA-
        FREYTIZ, APRIL 9, 2026

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 9, 2026


                                    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 returns of primaries and elections, further
12      providing for appeals to court from decisions of the county
13      board and for Secretary of the Commonwealth to tabulate,
14      compute and canvass returns; and, in recounts and contests,
15      further providing for entry and effect of decision and
16      providing for appeal.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 1407 of the act of June 3, 1937
20   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
21   amended by adding a subsection to read:
22      Section 1407.    Appeals to Court from Decisions of the County
23   Board.--
24      * * *
 1      (c)    The court on an appeal shall proceed without delay to
 2   hear the appeal, shall give the appeal precedence over other
 3   business before it and shall finally determine the appeal as
 4   expeditiously as possible but no later than seven days after the
 5   date the appeal was filed.
 6      Section 2.    Sections 1409 and 1732 of the act are amended to
 7   read:
 8      Section 1409.    Secretary of the Commonwealth to Tabulate,
 9   Compute and Canvass Returns.--(a)       Upon receiving the certified
10   returns of any primary [or election] from the various county
11   boards, the Secretary of the Commonwealth shall forthwith
12   proceed to tabulate, compute and canvass the votes cast for all
13   candidates enumerated in section 1408, and upon all questions
14   voted for by the electors of the State at large, and shall
15   thereupon certify and file in his office the tabulation thereof.
16      (b)    Upon receiving the certified returns of any general,
17   municipal or special election from the various county boards,
18   the Secretary of the Commonwealth shall forthwith proceed to
19   tabulate, compute and canvass the votes cast for all candidates
20   enumerated in section 1408, and upon all questions voted for by
21   the electors of the State at large, and shall thereupon certify
22   and file in his office the tabulation thereof no later than the
23   fifth Tuesday after election day.
24      (c)    (1)   If the Secretary of the Commonwealth has reason to
25   believe that the tabulation under subsection (b) will not be
26   certified and filed by the time specified, the Secretary of the
27   Commonwealth shall, no later than seven days before the fifth
28   Tuesday after election day, provide a notice to the following:
29      (i)    The President pro tempore of the Senate.
30      (ii)    The Speaker of the House of Representatives.

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 1      (iii)    The chairperson and minority chairperson of the State
 2   Government Committee of the Senate.
 3      (iv)    The chairperson and minority chairperson of the State
 4   Government Committee of the House of Representatives.
 5      (2)    The notice under clause (1) shall include detailed
 6   information regarding the concerns and potential barriers to
 7   timely certification.
 8      Section 1732.    Entry and Effect of Decision.--After the
 9   hearing of the said case, the said judges shall, [without
10   unnecessary delay] as expeditiously as possible but no later
11   than seven (7) days after the petition's filing, decide which of
12   the candidates voted for received the greatest number of legal
13   votes, and is entitled to the nomination or office which
14   decision shall be entered of record to the case in the said
15   court, and a certified copy thereof shall, within five (5) days
16   from the rendering thereof, be delivered to the Secretary of the
17   Commonwealth, whereupon the person who, by the decision of the
18   court, shall appear to have received the largest number of
19   votes, shall be entitled to the nomination or to the office, and
20   be commissioned accordingly.
21      Section 3.    The act is amended by adding a section to read:
22      Section 1733.    Appeal.--A party aggrieved by the judge's
23   decision under section 1732 may appeal the decision to the
24   Supreme Court within one (1) day of the rendering of the
25   decision. The Supreme Court, within six (6) days of the appeal's
26   filing, but no later than seven (7) days before the date for the
27   meeting of presidential electors specified under 3 U.S.C. § 7
28   (relating to meeting and vote of electors), whichever is
29   earlier, shall issue its determination of the appeal.
30      Section 4.    This act shall take effect immediately.

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