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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, RAFFERTY, D. WHITE AND PIPPY, JUNE 5, 2009 |
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| REFERRED TO STATE GOVERNMENT, JUNE 5, 2009 |
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| AN ACT |
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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," providing for reimbursement to counties for the |
12 | costs of obtaining paper-ballot-based voting systems. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. The definition of "electronic voting system" in |
16 | section 1101-A of the act of June 3, 1937 (P.L.1333, No.320), |
17 | known as the Pennsylvania Election Code, added July 11, 1980 |
18 | (P.L.600, No.128), is amended to read: |
19 | Section 1101-A. Definitions.--As used in this article: |
20 | * * * |
21 | "Electronic voting system" means a system in which one or |
22 | more voting devices are used to permit the registering or |
23 | recording of votes and in which such votes are computed and |
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1 | tabulated by automatic tabulating equipment. The system shall |
2 | provide for a permanent physical record of each vote cast. This |
3 | term shall include a paper-ballot-based voting system |
4 | established under section 1108.1-A. |
5 | * * * |
6 | Section 2. The act is amended by adding a section to read: |
7 | Section 1108.1-A. Commonwealth Funding.--(a) The |
8 | Commonwealth shall provide funds necessary to those counties who |
9 | elect to convert to a paper-ballot-based voting system. For the |
10 | purposes of this section, a paper-ballot-based voting system is |
11 | one that uses a paper ballot marked by the voter by hand or a |
12 | paper ballot marked by the voter with the assistance of a |
13 | nontabulating ballot marking device. The Department of State |
14 | shall pay to each eligible county an amount equal to the sum of |
15 | the following: |
16 | (1) Documented reasonable costs paid or incurred by a county |
17 | board of elections to replace any voting system used to conduct |
18 | elections that did not use a paper ballot marked by the voter by |
19 | hand or a paper ballot marked by the voter with the assistance |
20 | of a nontabulating ballot marking device. |
21 | (2) The documented reasonable costs paid or incurred by a |
22 | county board of elections to obtain nontabulating ballot marking |
23 | devices that are accessible for individuals with disabilities in |
24 | accordance with the requirements of section 301(a)(3) of the |
25 | Help America Vote Act of 2002 (Public Law 107-252, 116 Stat. |
26 | 1704). |
27 | (3) The documented reasonable costs paid or incurred by a |
28 | county board of elections to obtain ballot marking stations or |
29 | voting booths for the protection of voter privacy. |
30 | (4) The documented reasonable costs paid or incurred by a |
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1 | county board of elections to obtain paper ballots. |
2 | (5) The documented reasonable costs paid or incurred by a |
3 | county board of elections to obtain precinct-based equipment |
4 | that scans and tabulates paper ballots. |
5 | (6) The documented reasonable administrative costs paid or |
6 | incurred by a county board of elections that are associated with |
7 | meeting the requirements of this act. |
8 | (7) The determination of whether costs paid or incurred by a |
9 | county are reasonable shall be made by the Department of State. |
10 | (b) In order to receive funding, the county must submit the |
11 | following information to the Department of State indicating |
12 | that: |
13 | (1) In the last regularly scheduled election the voting |
14 | system that was used was not a paper-ballot-based voting system. |
15 | (2) Upon the next election only paper-ballot voting systems |
16 | will be used. |
17 | (3) A nontabulating ballot marking device will be available |
18 | and accessible for individuals with disabilities in each polling |
19 | place in accordance with the requirements of section 301(a)(3) |
20 | of the Help America Vote Act of 2002. |
21 | (4) A sufficient number of ballot making stations or voting |
22 | booths will be available for the protection of voter privacy. |
23 | (5) A sufficient number of paper ballots will be available. |
24 | (6) Any other such information that may be required by the |
25 | Department of State to verify compliance with this act. |
26 | Section 3. This act shall take effect immediately. |
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