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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY QUINN, DALEY, DeLUCA, GEIST, GEORGE, GERGELY, GIBBONS, GINGRICH, GOODMAN, HENNESSEY, KORTZ, MELIO, MENSCH, MOUL, PYLE, ROHRER, SCAVELLO, SIPTROTH, STERN, SWANGER AND YOUNGBLOOD, APRIL 27, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 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 emergency paper ballots. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 1120-A of the act of June 3, 1937 |
15 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
16 | added July 11, 1980 (P.L.600, No.128), is amended to read: |
17 | Section 1120-A. Unofficial Ballot Labels; Repair [and]; |
18 | Alternate Use of Paper Ballots; and Emergency Paper Ballots.-- |
19 | (a) If ballot labels for an election district at which an |
20 | electronic voting system is to be used, shall not be delivered |
21 | to the election officers of that district as required by section |
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1 | 1110-A, the judge of election of such district shall cause other |
2 | labels to be prepared, printed, or written, as nearly in the |
3 | form of official ballot labels as practicable, and the election |
4 | officers shall cause the labels so substituted, to be used at |
5 | the election insofar as is possible in the same manner as the |
6 | official labels. Such labels, so substituted, shall be known as |
7 | unofficial ballot labels. |
8 | (b) If any electronic voting system or any component thereof |
9 | being used in any election shall become inoperable during such |
10 | election, it shall, if possible, be repaired or another machine |
11 | substituted by the custodian or county board of elections as |
12 | promptly as possible, for which purpose the county board may |
13 | purchase as many extra systems or system components as it may |
14 | deem necessary, but in case such repair or substitution cannot |
15 | be made, paper ballots, either printed or written and of any |
16 | suitable form, may be used for registering votes. |
17 | (c) If the wait time to vote at any polling place in any |
18 | election exceeds one-half hour, voters in line shall be offered |
19 | the opportunity to register their votes on an emergency paper |
20 | ballot. Those voters who wish to register their votes on a paper |
21 | ballot shall, after signing the poll book and being registered |
22 | on the list of voters, be given an emergency paper ballot. After |
23 | the voter marks his or her ballot and seals it in the envelope, |
24 | the ballot shall be deposited in a secure container labeled |
25 | "emergency paper ballots," kept separate from provisional |
26 | ballots, and counted in the polling place on election night |
27 | after the close of the polls. |
28 | (d) The Secretary of the Commonwealth shall mandate that |
29 | each county shall print emergency paper ballots in a number |
30 | equal to or greater than twenty (20) per centum of the number of |
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1 | registered electors of each party in each election district at |
2 | least thirty days before every primary and general election and |
3 | shall report this number to the Secretary of the Commonwealth. |
4 | The Secretary of the Commonwealth shall have the authority and |
5 | discretion to increase this number, should his or her judgment |
6 | be that it is insufficient to meet the needs of any of the |
7 | election districts. Should the supply of emergency ballots at |
8 | any polling place become depleted, election officials shall |
9 | print or copy additional emergency ballots. Emergency paper |
10 | ballots shall be available in every polling place from the |
11 | opening of the polling place to the closing of the polling place |
12 | on each primary and general election day. |
13 | Section 2. This act shall take effect in 60 days. |
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