SB 313 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in electronic voting systems, further providing for 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.

PRINTER'S NO.   247

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 313
                                               Session of
                                                 2025

     INTRODUCED BY COLEMAN, DUSH, J. WARD AND STEFANO,
        FEBRUARY 26, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 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 electronic voting systems, further providing
12      for definitions and for supplies and preparation of the
13      voting system and of polling places and providing for pre-
14      election logic and accuracy testing; and, in penalties,
15      providing for falsification of election-related documentation
16      regarding pre-election logic and accuracy testing.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 1101-A of the act of June 3, 1937
20   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
21   amended by adding definitions to read:
22      Section 1101-A.    Definitions.--As used in this article:
23      * * *
24      "Ballot set" means one of any ballot type that is used for
25   any method of voting, including absentee ballot voting, mail-in
 1   ballot voting, voting in-person at a polling place or voting by
 2   emergency paper ballot. Each ballot set shall consist of ballots
 3   with various ballot styles.
 4      "Ballot style" means a ballot's particular array of election
 5   contests and candidates specific to an election district.
 6      * * *
 7      Section 2.   Section 1110-A(d) and (e) of the act are amended
 8   and the section is amended by adding a subsection to read:
 9      Section 1110-A.   Supplies; Preparation of the Voting System
10   and of Polling Places.--* * *
11      (a.1)   Notwithstanding section 1007(a), for electronic voting
12   systems utilizing paper ballots that are printed by the voting
13   device at the polling place after the registered elector has
14   made their selections, the county board of elections shall
15   preprint official election ballots for use as emergency paper
16   ballots if the voting device is not operable, and the county
17   board of elections shall furnish the emergency paper ballots to
18   each election district in an amount equal to at least twenty
19   (20) per centum of the total number of registered electors in an
20   election district.
21      * * *
22      [(d)    On or before the fortieth day preceding any election,
23   the county board of elections shall mail to the chairman of the
24   county committee of each political party which shall be entitled
25   under existing laws to participate in primary elections within
26   the county, and to the chairman or presiding officer of any
27   organization of citizens within the county which has as its
28   purpose or among its purposes the investigation or prosecution
29   of election frauds and which has registered its name and address
30   and the names of its principal officers with the county board of

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 1   elections at least fifty days before the election, a written
 2   notice stating the times when and the place or places where
 3   preparation of the system and its components for use in the
 4   several election districts in the county or municipality will be
 5   started. One representative of each such political party,
 6   certified by the respective chairman of the county committee of
 7   such party, and one representative of each such organization of
 8   citizens, certified by the respective chairman or presiding
 9   officer of such organization shall be entitled to be present
10   during the preparation of the voting system and its components
11   and to see that they are properly prepared and are in proper
12   condition and order for use. Such representatives shall not
13   interfere with the preparation of the system and its components,
14   and the county board may make reasonable rules and regulations
15   governing the conduct of such representatives.
16      (e)   Prior to the delivery of any automatic tabulating
17   equipment to any election district the county board of elections
18   shall examine or cause to have examined such equipment and shall
19   make a certificate stating:
20      (1)   the identifying number and election district designation
21   of the equipment;
22      (2)   that the equipment is suitable for use in the particular
23   election district designated;
24      (3)   that the equipment has been tested to ascertain that it
25   will accurately compute the votes cast for all offices and all
26   questions;
27      (4)   that the offices and questions on the official ballot
28   correspond in all respects with the ballot labels assigned to
29   such particular election district;
30      (5)   that the public counter and the counters for each

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 1   candidate position and each question are all set at zero and
 2   that element that generates a printed record of the results of
 3   the election is functioning correctly; and
 4         (6)    the number on the seal with which the equipment is
 5   sealed.]
 6         * * *
 7         Section 3.    The act is amended by adding sections to read:
 8         Section 1110.1-A.    Pre-election Logic and Accuracy Testing.--
 9   (a)    Prior to any election in which an electronic voting system
10   may be used, the county board of elections shall complete logic
11   and accuracy testing under this section to ensure that
12   electronic voting equipment functions as expected and that votes
13   are accurately tabulated. The logic and accuracy testing shall
14   be sufficient to determine that the voting system is properly
15   programmed, the election is correctly defined on the voting
16   system and all of the voting system input, output and
17   communication devices are working properly.
18         (b)    Logic and accuracy testing shall be completed as soon as
19   ballots are available. If any proceeding is pending in a Federal
20   or State court which would affect the contents of any ballot,
21   testing shall be completed no later than the eleventh day prior
22   to the election.
23         (c)    During logic and accuracy testing, the county board of
24   elections shall:
25         (1)    For each electronic voting device which may be used in
26   the upcoming election:
27         (i)    Generate a report which shows the contest order and
28   confirm that the contest order as reported matches the expected
29   contest order.
30         (ii)    Mark, in all available languages, and print ballots for

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 1   each ballot style using the touchscreen and any other assistive
 2   device provided by the manufacturer and using a predetermined
 3   voting pattern designed so that each contest, and each choice
 4   within each contest, is given a unique number of votes.
 5      (iii)   Review the printed ballots to ensure that the ballots
 6   were accurately printed and the votes contained on the printed
 7   ballot match the choices designated by the tester.
 8      (iv)    Scan the printed ballots to ensure that the ballots
 9   will scan and generate the expected results.
10      (v)    Shut down, lock and seal the voting device.
11      (vi)    Execute a written statement setting forth the
12   electronic voting devices tested, the results of the testing,
13   the protective counter numbers, if applicable, of each voting
14   device, the number of the seal securing each voting device at
15   the conclusion of testing, any problems reported to the board as
16   a result of the testing and whether each electronic voting
17   device tested is satisfactory or unsatisfactory.
18      (vii)   Prior to the delivery of an electronic voting device
19   to an election district, examine, or cause to be examined, the
20   equipment and shall make a certificate stating the identifying
21   number and election district designation of the equipment.
22      (2)    For each piece of automatic tabulating equipment which
23   may be used in the upcoming election:
24      (i)    Generate a report which shows the total number of votes
25   for all contests and candidates and confirm that the totals show
26   as zero for all contests and candidates.
27      (ii)    Scan premarked ballots for each ballot style using a
28   predetermined voting pattern designed so that each contest, and
29   each choice within each contest, is given a unique number of
30   votes.

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 1      (iii)   Generate a report which shows the vote totals for each
 2   contest and candidate and compare the reported results to the
 3   expected results to ensure that the automatic tabulating
 4   equipment will generate the expected results.
 5      (iv)    Reset all vote totals, shut down, lock and seal the
 6   automated tabulating equipment.
 7      (v)    Execute a written statement setting forth the automatic
 8   tabulation equipment tested, the results of the testing, the
 9   protective counter numbers, if applicable, of each automatic
10   tabulating device, the number of the seal securing each
11   automatic tabulating device at the conclusion of testing, any
12   problems reported to the board as a result of the testing and
13   whether each device tested is satisfactory or unsatisfactory.
14      (vi)    Prior to the delivery of automatic tabulating equipment
15   to an election district, examine, or cause to be examined, the
16   equipment and shall make a certificate stating the identifying
17   number and election district designation of the equipment.
18      (d)    The Secretary of the Commonwealth may prescribe
19   additional requirements relating to logic and accuracy testing
20   as the Secretary of the Commonwealth deems appropriate and may
21   issue directives and instructions for implementation of this
22   section. Directives issued by the Secretary of the Commonwealth
23   may not conflict with the requirements on this section.
24      (e)    No later than seven days prior to beginning logic and
25   accuracy testing, the county board of elections shall give
26   notice of the location, date and time that logic and accuracy
27   testing will be conducted as follows:
28      (1)    The county board of elections shall mail notice to the
29   chairman of the county committee of each political party
30   entitled under law to participate in primary elections within

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 1   the county, and to the chairman or presiding officer of any
 2   organization of citizens within the county which has as a
 3   purpose or among multiple purposes the investigation or
 4   prosecution of election frauds and which has registered the
 5   organization's name and address and the names of each principal
 6   officer with the county board of elections by the first Monday
 7   in February of the year.
 8      (2)     The county board of elections shall post notice to the
 9   board's publicly accessible Internet website.
10      (3)     The county board of elections shall publish notice in
11   accordance with section 106.
12      (f)     The county board of elections shall allow in-person
13   observation of the logic and accuracy testing. The following
14   shall apply:
15      (1)     One representative from each political party whose
16   chairman was entitled to receive notice under subsection (e)(1)
17   may observe the logic and accuracy testing if the representative
18   is certified by the chairman of the county committee of the
19   party.
20      (2)     One representative of each organization entitled to
21   receive notice under subsection (e)(1) may observe the logic and
22   accuracy testing if the representative is certified by the
23   chairman or presiding officer of the organization.
24      (3)     Any registered elector of the county who gives the
25   county board of elections at least twenty-four hours' notice may
26   observe the logic and accuracy testing.
27      (4)     A representative or a registered elector who observes
28   the logic and accuracy testing shall not interfere with the
29   testing.
30      (5)     The county board of elections may make reasonable rules

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 1   and regulations governing the conduct of the representatives and
 2   registered electors. The rules and regulations must be published
 3   as part of the notice required under subsection (e).
 4      (g)    No later than five days after completing logic and
 5   accuracy testing, the county board of elections shall certify
 6   compliance with the requirements of this section to the
 7   Secretary of the Commonwealth in a manner and on a form as
 8   prescribed by the Secretary of the Commonwealth. The Department
 9   of State shall post each certification received by the
10   Secretary of the Commonwealth under this subsection to the
11   Department of State's publicly accessible Internet website.
12      (h)    If the county board of elections fails to comply with
13   this section, or with any directives or instructions issued by
14   the Secretary of the Commonwealth under this section, the
15   following shall apply:
16      (1)    Except as provided in paragraph (2) and section 1854,
17   only the Secretary of the Commonwealth may bring an action to
18   enforce this section and may introduce as evidence the failure
19   of the county board of elections to comply with this section or
20   any directives or instructions issued by the Secretary of the
21   Commonwealth under this section.
22      (2)    The Department of State shall implement a system for a
23   legally registered voter to submit complaints for noncompliance
24   in accordance with the following:
25      (i)    After the submission of a complaint, the Department of
26   State shall issue a decision in five business days.
27      (ii)    The decision may be appealed to Commonwealth Court.
28      (iii)    All expenses shall be paid by the voter.
29      (3)    The failure shall not be the sole cause or justification
30   for delaying or refusing to perform any duty assigned under this

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 1   act, including the county board of elections' duty to receive,
 2   canvass, compute and certify the returns of each election under
 3   section 302(k).
 4      Section 1856.    Falsification of Election-related
 5   Documentation Regarding Pre-election Logic and Accuracy
 6   Testing.--The Secretary of the Commonwealth, member of a county
 7   board of elections, chief clerk, employe, overseer, judge of
 8   election, inspector of election, clerk of election, machine
 9   inspector or custodian or deputy custodian of voting machines on
10   whom a duty is imposed by this act who knowingly makes a false
11   statement, representation or certification in a list, record or
12   other document required to be maintained under section 1110.1-A
13   or who intentionally or deliberately refrains from complying
14   with section 1110-A(a.1) or 1110.1-A commits a misdemeanor and,
15   upon conviction thereof, shall be sentenced to pay a fine not
16   exceeding one thousand ($1,000) dollars, or to undergo an
17   imprisonment of not more than two (2) years, or both, in the
18   discretion of the court.
19      Section 4.     This act shall take effect immediately.




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