HB 1235 — 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 definitions and for supplies and preparation of the voting system and of polling places and providing for pre-election logic and accuracy testing.

PRINTER'S NO.   1371

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1235
                                               Session of
                                                 2025

     INTRODUCED BY BURNS, K.HARRIS, HANBIDGE, STEELE, OTTEN, MERSKI,
        M. MACKENZIE, NEILSON, KUZMA, HADDOCK, DONAHUE AND CIRESI,
        APRIL 15, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2025


                                    AN ACT
 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," in electronic voting systems, further providing
12      for definitions and for supplies and preparation of the
13      voting system and of polling places and providing for pre-
14      election logic and accuracy testing.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17      Section 1.    Section 1101-A of the act of June 3, 1937
18   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
19   amended by adding definitions to read:
20      Section 1101-A.    Definitions.--As used in this article:
21      * * *
22      "Ballot set" means one of any number of ballot types each
23   used for a particular method of voting, including absentee
 1   ballot voting, mail-in ballot voting, voting in-person at a
 2   polling place and voting by emergency paper ballot.
 3      "Ballot style" means a ballot's particular array of election
 4   contests and candidates specific to an election district. Each
 5   ballot set shall comprise ballots with various ballot styles.
 6      * * *
 7      Section 2.   Section 1110-A(d) and (e) of the act are amended
 8   to read:
 9      Section 1110-A.   Supplies; Preparation of the Voting System
10   and of Polling Places.--* * *
11      [(d)    On or before the fortieth day preceding any election,
12   the county board of elections shall mail to the chairman of the
13   county committee of each political party which shall be entitled
14   under existing laws to participate in primary elections within
15   the county, and to the chairman or presiding officer of any
16   organization of citizens within the county which has as its
17   purpose or among its purposes the investigation or prosecution
18   of election frauds and which has registered its name and address
19   and the names of its principal officers with the county board of
20   elections at least fifty days before the election, a written
21   notice stating the times when and the place or places where
22   preparation of the system and its components for use in the
23   several election districts in the county or municipality will be
24   started. One representative of each such political party,
25   certified by the respective chairman of the county committee of
26   such party, and one representative of each such organization of
27   citizens, certified by the respective chairman or presiding
28   officer of such organization shall be entitled to be present
29   during the preparation of the voting system and its components
30   and to see that they are properly prepared and are in proper

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 1   condition and order for use. Such representatives shall not
 2   interfere with the preparation of the system and its components,
 3   and the county board may make reasonable rules and regulations
 4   governing the conduct of such representatives.
 5         (e)   Prior to the delivery of any automatic tabulating
 6   equipment to any election district the county board of elections
 7   shall examine or cause to have examined such equipment and shall
 8   make a certificate stating:
 9         (1)   the identifying number and election district designation
10   of the equipment;
11         (2)   that the equipment is suitable for use in the particular
12   election district designated;
13         (3)   that the equipment has been tested to ascertain that it
14   will accurately compute the votes cast for all offices and all
15   questions;
16         (4)   that the offices and questions on the official ballot
17   correspond in all respects with the ballot labels assigned to
18   such particular election district;
19         (5)   that the public counter and the counters for each
20   candidate position and each question are all set at zero and
21   that element that generates a printed record of the results of
22   the election is functioning correctly; and
23         (6)   the number on the seal with which the equipment is
24   sealed.]
25         * * *
26         Section 3.   The act is amended by adding a section to read:
27         Section 1110.1-A.   Pre-Election Logic and Accuracy Testing.--
28   (a)    Prior to an election in which an electronic voting system
29   is to be used, the county board of elections shall complete
30   logic and accuracy testing for the electronic voting system in

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 1   accordance with this section to ensure that voting equipment
 2   functions as expected and votes are accurately tabulated.
 3      (b)    Logic and accuracy testing shall be sufficient to
 4   determine that:
 5      (1)    The electronic voting system is properly programmed.
 6      (2)    The election is correctly defined on the electronic
 7   voting system.
 8      (3)    All of the input, output and communication devices for
 9   the electronic voting system are working properly.
10      (c)    (1)   Except as provided in paragraph (2), logic and
11   accuracy testing shall be completed as soon as ballots are
12   available.
13      (2)    If a proceeding is pending in a Federal or State court
14   that would affect the contents of a ballot, logic and accuracy
15   testing shall be completed no later than the eleventh day prior
16   to the election.
17      (d)    During logic and accuracy testing, the county board of
18   elections shall:
19      (1)    For each voting device that will or may be used in the
20   upcoming election:
21      (i)    Generate a report that shows the contest order and
22   confirm that the contest order as reported matches the expected
23   contest order.
24      (ii)    Mark, in all available languages using the touchscreen
25   and any other assistive device provided by the manufacturer, and
26   print ballots for each ballot style using a predetermined voting
27   pattern designed such that each contest, and each choice within
28   each contest, is given a unique number of votes.
29      (iii)     Review the printed ballots to ensure that the ballots
30   were accurately printed and the votes contained on the printed

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 1   ballot match the choices designated by the tester.
 2      (iv)    Scan the printed ballots to ensure that the ballots
 3   will scan and generate the expected results.
 4      (v)    Shut down, lock and seal the voting device.
 5      (vi)    Execute a written statement specifying:
 6      (A)    The electronic voting devices tested.
 7      (B)    The results of the testing.
 8      (C)    The protective counter numbers, if applicable, of each
 9   tabulation device.
10      (D)    The number of the seal securing each tabulation device
11   at the conclusion of testing.
12      (E)    Any problems reported to the county board of elections
13   as a result of the testing.
14      (F)    The identifying number and election district designation
15   of the device.
16      (G)    Whether each device tested is satisfactory or
17   unsatisfactory.
18      (2)    For each piece of automatic tabulating equipment that
19   will or may be used in the upcoming election:
20      (i)    Generate a report that shows the total number of votes
21   for all contests and candidates and confirm that the totals show
22   as zero for all contests and candidates.
23      (ii)    Scan premarked ballots for each ballot style using a
24   predetermined voting pattern designed such that each contest,
25   and each choice within each contest, is given a unique number of
26   votes.
27      (iii)    Generate a report that shows the vote totals for each
28   contest and candidate and compare the reported results to the
29   expected results to ensure that the automatic tabulating
30   equipment will generate the expected results.

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 1      (iv)     Reset all vote totals, shut down, lock and seal the
 2   automated tabulating equipment.
 3      (v)     Execute a written statement specifying:
 4      (A)     The automatic tabulation equipment tested.
 5      (B)     The results of the testing.
 6      (C)     The protective counter numbers, if applicable, of each
 7   tabulation device.
 8      (D)     The number of the seal securing each tabulation device
 9   at the conclusion of testing.
10      (E)     Any problems reported to the county board of elections
11   as a result of the testing.
12      (F)     Whether each device tested is satisfactory or
13   unsatisfactory.
14      (e)     The Secretary of the Commonwealth may:
15      (1)     Prescribe additional requirements relating to logic and
16   accuracy testing as the Secretary of the Commonwealth deems
17   appropriate.
18      (2)     Issue directives and instructions for the implementation
19   and administration of this section, but only if the directives
20   and instructions do not conflict with the requirements of this
21   section.
22      (f)     No later than seven days prior to beginning logic and
23   accuracy testing, the county board of elections shall give
24   notice of the times and places in which the logic and accuracy
25   testing will be conducted as follows:
26      (1)     The county board of elections shall mail the notice to:
27      (i)     The chairperson of the county committee of each
28   political party that is entitled to participate in primary
29   elections within the county.
30      (ii)     The chairperson or presiding officer of each

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 1   organization within the county whose purpose includes the
 2   investigation or prosecution of election frauds and that has
 3   registered its name and address and the names of its principal
 4   officers with the county board of elections by the first Monday
 5   in February of the year.
 6      (2)     The county board of elections shall post the notice on
 7   its publicly accessible Internet website.
 8      (3)     The county board of elections shall publish the notice
 9   in accordance with section 106, with the notice to be published
10   once.
11      (g)     The county board of elections shall allow in-person
12   observation of logic and accuracy testing in accordance with the
13   following procedures:
14      (1)     One representative from each political party whose
15   chairperson is entitled to receive notice under subsection (f)
16   (1)(i) may observe the logic and accuracy testing, if the
17   representative is certified by the chairperson of the county
18   committee of the party.
19      (2)     One representative of each organization entitled to
20   receive notice under subsection (f)(1)(ii) may observe the logic
21   and accuracy testing if the representative is certified by the
22   chairperson or presiding officer of the organization.
23      (3)     A registered elector of the county who gives the county
24   board of elections at least twenty-four hours' notice may
25   observe the logic and accuracy testing.
26      (4)     A representative or a registered elector who observes
27   the logic and accuracy testing may not interfere with the
28   testing.
29      (5)     The county board of elections may make reasonable rules
30   and regulations governing the conduct of the representatives and

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 1   registered electors during the logic and accuracy testing. The
 2   rules and regulations must be published as part of the notice
 3   required under subsection (f).
 4      (h)   No later than five days after completing logic and
 5   accuracy testing, the county board of elections shall certify
 6   compliance with the requirements of this section to the
 7   Secretary of the Commonwealth in a manner and on a form as
 8   prescribed by the Secretary of the Commonwealth. The Department
 9   of State shall post each certification received by the Secretary
10   of the Commonwealth under this subsection to its publicly
11   accessible Internet website.
12      (i)   If the county board of elections fails to comply with
13   this section or with any directive or instruction issued by the
14   Secretary of the Commonwealth under this section, the following
15   shall apply:
16      (1)   Except as provided in paragraph (2), the failure shall
17   not constitute competent evidence in any administrative,
18   legislative or judicial proceeding, including any petition for
19   recount under section 1404(e), 1701, 1702 or 1703.
20      (2)   Notwithstanding paragraph (1), the Secretary of the
21   Commonwealth may bring an action to enforce this section and may
22   introduce as evidence the failure of the county board of
23   elections to comply with this section or any directive or
24   instruction issued by the Secretary of the Commonwealth under
25   this section.
26      (3)   The failure shall not be cause or justification for
27   delaying or refusing to perform any duty assigned under this
28   act, including the county board of elections' duty to receive,
29   canvass, compute or certify the returns of each election under
30   section 302(k).

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1     Section 4.    This act shall take effect immediately.




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