Pennsylvania SB 812: 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 examination and approval of electronic voting systems by the Secretary of the Commonwealth and providing for malfunction and certification reporting; and making an editorial change.

Bill Text

PRIOR PRINTER'S NO. 858 PRINTER'S NO. 864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 812
Session of
2025
INTRODUCED BY SANTARSIERO, DUSH, ROTHMAN AND COSTA, MAY 30, 2025
SENATOR DUSH, STATE GOVERNMENT, AS AMENDED, JUNE 3, 2025
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," in electronic voting systems, further providing
for examination and approval of electronic voting systems by
the Secretary of the Commonwealth and providing for
malfunction and certification reporting; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1105-A(b) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended and the section is amended by adding a subsection to
read:
SECTION 1. SECTION 1105-A OF THE ACT OF JUNE 3, 1937
(P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS
AMENDED BY ADDING A SUBSECTION TO READ:
Section 1105-A. Examination and Approval of Electronic
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Voting Systems by the Secretary of the Commonwealth.--* * *
(b) Upon receipt of a request for examination or
reexamination of an electronic voting system as herein provided
for or in the event he determines to reexamine any such system,
the Secretary of the Commonwealth shall examine the electronic
voting system for functionality, security and accessibility,
provide notice of the examination pursuant to subsection (g)(1)
and shall make and file in his office and post on the Department
of State's publicly accessible Internet website the recording
required under subsection (g)(4) his report, attested by his
signature and the seal of his office, stating whether, in his
opinion, the system so examined can be safely used by voters at
elections as provided in this act and meets all of the
requirements hereinafter set forth. If his report states that
the system can be so used and meets all such requirements, such
system shall be deemed approved and may be adopted for use at
elections, as herein provided. With respect to any electronic
voting system approved for use in this Commonwealth by the
secretary, the report of the secretary shall specify the
capacity of the components of that system, the number of voters
who may reasonably be accommodated by the voting devices and
automatic tabulating equipment which comprise such system and
the number of clerks and machine inspectors, if any, required
based on the number of registered electors in any election
district in which the voting system is to be used, such
specifications being based upon the secretary's examination of
the system. Any county which thereafter may adopt any such
approved system shall provide the components of such system in a
number no less than that sufficient to accommodate the voters of
that county or municipality in accordance with the minimum
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capacity standards so prescribed by the secretary. The county
board shall comply with the requirements for the use of the
electronic voting system as set forth in the report by the
Secretary of the Commonwealth.
* * *
(g) If the Secretary of the Commonwealth examines an
electronic voting system under this section, the examination
MUST INCLUDE A PUBLIC DEMONSTRATION AS PART of the functionality
EXAMINATION of the system THAT shall be open to the public in
accordance with the following requirements:
(1) The Secretary of the Commonwealth shall provide notice
on the Department of State's publicly accessible Internet
website at least thirty days prior to the examination of the
functionality of an electronic voting system. The notice shall
include the date, time and other additional information needed
for the public to attend and observe the examination.
(2) The Secretary of the Commonwealth shall make a good
faith effort to allow the public to be within twenty feet of the
voting system during the examination.
(3) The Secretary of the Commonwealth may impose reasonable
limitations on the number of attendees at the examination based
on the capacity of the site, safety of attendees and security.
(4) The Secretary of the Commonwealth shall make an
audiovisual recording of the portion of the PUBLIC DEMONSTRATION
CONDUCTED WITHIN THE FUNCTIONALITY examination which is open to
the public. The secretary shall pos