Bill Text: PA HB1430 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for advance voting and for advisory committee.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2009-05-05 - Referred to STATE GOVERNMENT [HB1430 Detail]

Download: Pennsylvania-2009-HB1430-Introduced.html

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PRINTER'S NO. 1760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1430 Session of2009
INTRODUCED BY CONKLIN, JOSEPHS, GRUCELA, HARKINS, GOODMAN, BRENNAN, DONATUCCI, GIBBONS, HORNAMAN, LONGIETTI, MAHONEY, PAYTON, WALKO, McGEEHAN, REESE, MUNDY, M. O'BRIEN, SANTONI AND SIPTROTH, MAY 5, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2009
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," providing for advance voting and for advisory
committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding an
article to read:
ARTICLE XIII-D
ADVANCE VOTING
Section 1301-D. Advance voting.
(a) Establishment.--The county board of each county shall
provide for advance voting to begin no earlier than ten business
days prior to the dates of elections and primaries established
in accordance with Article VI and to end no later than 8 p.m.
Eastern Standard Time on the day immediately before the election
or primary.
(b) Conduct.--Each county board shall allow individuals to
vote in the election in the same manner as voting is allowed on
the date of the election or primary.
(c) Days and hours.--
(1) The county board of each county shall designate the
days and hours that advance voting sites shall be open,
provided that all sites throughout the county shall have
uniform days and hours, shall be open no fewer than eight
hours each weekday, shall be open a minimum of an aggregate
eight hours each weekend if weekend voting is approved by the
county board under paragraph (2) and shall not open prior to
7 a.m. Eastern Standard Time or close before 7 p.m. Eastern
Standard Time. A qualified elector in line at the closing of
an advance voting site shall be permitted to vote.
(2) A county board may approve conduct of advance voting
during the period of advance voting provided in subsection
(a) on Saturdays, Sundays, or both. The weekend advance
voting shall be conducted during the hours as provided in
this subsection.
(d) Places.--Advance voting shall occur at the main office
of the county board and in locations as may be designated by the
county board. The designations shall occur at a public meeting
of the county board.
Section 1302-D. Voting checklists and records.
(a) Compilation.--Voting checklists shall be compiled in
accordance with section 1212.
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(b) Division.--The voting checklists shall be divided by
date.
(c) Records.--Separate records shall be maintained for each
day of advance voting.
Section 1303-D. Staffing of polling places.
(a) Duty of county board.--Each county board shall designate
sufficient individuals to staff advance voting sites.
(b) Staff duties.--The individuals staffing advance voting
sites shall execute the responsibilities of:
(1) Judges of elections.
(2) Inspectors of elections.
(3) Clerks.
(4) Machine operators.
(c) Requirement.--Every individual staffing any advance
voting site shall be a member or full-time employee of the
county board or an employee of the county to whom the county
board has provided training equivalent to that given a full-time
employee of the county board and has demonstrated to the
satisfaction of the county board an understanding of and ability
to execute the responsibilities.
(d) Alternate advance voting site staffers.--A county board
may designate alternate advance voting site staffers provided
that all alternate advance voting site staffers meet all
requirements provided by this subsection.
Section 1304-D. Advance voting plan.
(a) Duty of county board.--Each county board shall prepare
and unanimously approve an advance voting plan no later than 30
days prior to an election.
(b) Contents.--The advance voting plan shall include, but is
not limited to:
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(1) The names, hours and locations of advance voting
sites.
(2) The names of individuals who shall staff the
respective advance voting sites, including alternative
advance voting site staff.
(3) The protocol to preserve the security and integrity
of voting machines, provisional ballots, voting checklists
and all other equipment, records and supplies necessary for
the conduct and successful completion of advance voting.
(c) Petition.--If a county board of elections has considered
one or more proposed advance voting plans and has been unable to
reach unanimity in favor of an advance voting plan, a member of
that county board may petition the Commonwealth Court to adopt a
plan for it. If petitioned, the Commonwealth Court may also
receive and consider alternative petitions from another member
or members of that county board. The Commonwealth Court may
adopt an advance voting plan for that county.
(d) Returns.--The canvass of returns for ballots cast under
this article shall be substantially the same as votes cast by
qualified electors in election districts.
(e) Results.--The results or tabulation of votes cast during
the period of advance voting shall not be made before the close
of the polls on election day.
(f) Reporting.--Advance voting results shall be reported in
the same manner as votes cast on election day.
Section 1305-D. Advance voting implementation advisory
committee.
(a) Establishment.--There is established an advisory
committee to be known as the Advance Voting Implementation
Advisory Committee.
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(b) Members.--The advisory committee shall be comprised of
the following persons:
(1) The Secretary of the Commonwealth or his designee
who shall act as chairperson.
(2) One county commissioner, as appointed by the
Chairman of the County Commissioners Association of
Pennsylvania, from each of the following:
(i) A county of the first class.
(ii) A county of the second class.
(iii) A county of the second class A.
(iv) A county of the third class.
(v) A county of the fourth class.
(vi) A county of the fifth class.
(vii) A county of the sixth class.
(viii) A county of the seventh class.
(ix) A county of the eighth class.
(3) Four county elections directors as appointed by the
Commissioner of the Bureau of Commissions, Elections and
Legislation.
(4) Two members from the Senate, one appointed by the
Majority Leader of the Senate and one appointed by the
Minority Leader of the Senate.
(5) Two members from the House of Representatives, one
appointed by the Majority Leader of the House of
Representatives and one appointed by the Minority Leader of
the House of Representatives.
(6) Two county sheriffs, one appointed by the President
Pro Tempore of the Senate and one appointed by the Speaker of
the House of Representatives.
(7) The President of the League of Women Voters of
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Pennsylvania or his designee.
(c) Roles and responsibilities.--The advisory committee
shall recommend to the Department of State regarding the
formulation of technical, administrative and operational
standards for use in implementing, executing and overseeing
advance voting.
(d) Reimbursement.--The advisory committee members shall
serve without compensation, but shall be reimbursed for their
necessary travel and other reasonable expenses in connection
with attendance at meetings called by the chairperson.
(e) Advisory committee subcommittees.--The chairperson may
create, within the committee membership, subcommittees to study
and address specific technical and program areas.
(f) Advisory committee report of recommendations.--No later
than 90 days after this section becomes effective, the advisory
committee shall submit a report of its recommendations to:
(1) The Secretary of the Commonwealth.
(2) The General Assembly.
(3) The Governor.
(g) Publication.--The Secretary of the Commonwealth shall
make available for inspection the report of recommendations on
its public Internet website upon receiving the report.
Section 2. This act shall take effect as follows:
(1) The addition of section 1305-D and this section
shall take effect immediately.
(2) The remainder of this act shall take effect in 180
days.
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