PRINTER'S NO. 834
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
858
Session of
2023
INTRODUCED BY D. WILLIAMS, BULLOCK, CEPEDA-FREYTIZ, CONKLIN,
FREEMAN, GUENST, HILL-EVANS, KINKEAD, MADDEN, OTTEN, PIELLI,
RABB, SANCHEZ, SAPPEY, SCHLOSSBERG, SHUSTERMAN, STURLA,
VENKAT AND WARREN, APRIL 10, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 2023
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 voting by qualified absentee electors, further
providing for canvassing of official absentee ballots and
mail-in ballots; and, in Election Integrity Grant Program,
further providing for funding for elections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1308(g)(1.1) and (2) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are amended to read:
Section 1308. Canvassing of Official Absentee Ballots and
Mail-in Ballots.--* * *
(g) * * *
(1.1) The county board of elections shall meet no [earlier]
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later than seven o'clock A.M. on election day to pre-canvass all
ballots received prior to the meeting. A county board of
elections shall provide at least forty-eight hours' notice of a
pre-canvass meeting by publicly posting a notice of a pre-
canvass meeting on its publicly accessible Internet website. One
authorized representative of each candidate in an election and
one representative from each political party shall be permitted
to remain in the room in which the absentee ballots and mail-in
ballots are pre-canvassed. No person observing, attending or
participating in a pre-canvass meeting may disclose the results
of any portion of any pre-canvass meeting prior to the close of
the polls.
(2) The county board of elections [shall meet no earlier
than] may meet within 14 days prior to the close of polls on the
day of the election [and no later than the third day following
the election] to begin canvassing absentee ballots and mail-in
ballots not included in the pre-canvass meeting. The meeting
under this paragraph shall continue until all absentee ballots
and mail-in ballots received prior to the close of the polls
have been canvassed. The county board of elections shall not
record or publish any votes reflected on the ballots prior to
the close of the polls. The canvass process shall continue
through the eighth day following the election for valid
military-overseas ballots timely received under 25 Pa.C.S. ยง
3511 (relating to receipt of voted ballot). A county board of
elections shall provide at least forty-eight hours' notice of a
canvass meeting by publicly posting a notice on its publicly
accessible Internet website. One authorized representative of
each candidate in an election and one representative from each
political party shall be permitted to remain in the room in
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which the absentee ballots and mail-in ballots are canvassed.
* * *
Section 2. Section 1602-A(j)(1) and (2) of the act, added
July 11, 2022 (P.L.1577, No.88), is amended to read:
Section 1602-A. Funding for elections.
* * *
(j) Grant agreement.--The grant agreement between the
department and the county under this section shall include the
following requirements for counties:
(1) The county shall begin pre-canvassing [at] no later
than 7 a.m. on election day and shall continue without
interruption until each mail-in ballot and absentee ballot
received by 7 a.m. on election day is pre-canvassed.
(2) The county shall begin canvassing mail-in ballots
and absentee ballots [at] no later than 8 p.m. on election
day and shall continue without interruption until each ballot
has been canvassed.
* * *
Section 3. This act shall take effect immediately.
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