HB 909 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in provisions relating to the Secretary of the Commonwealth, further providing for powers and duties of the Secretary of the Commonwealth and for explanation of ballot question; and, in ballots, further providing for form of official election ballot.

PRINTER'S NO.   950

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 909
                                               Session of
                                                 2025

     INTRODUCED BY B. MILLER, ROAE, HAMM, STAMBAUGH, PICKETT,
        KAUFFMAN, JAMES, ZIMMERMAN AND BANTA, MARCH 13, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 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 provisions relating to the Secretary of the
12      Commonwealth, further providing for powers and duties of the
13      Secretary of the Commonwealth and for explanation of ballot
14      question; and, in ballots, further providing for form of
15      official election ballot.
16      The General Assembly of the Commonwealth of Pennsylvania
17   hereby enacts as follows:
18      Section 1.    Section 201 of the act of June 3, 1937 (P.L.1333,
19   No.320), known as the Pennsylvania Election Code, is amended by
20   adding a subsection to read:
21      Section 201.    Powers and Duties of the Secretary of the
22   Commonwealth.--The Secretary of the Commonwealth shall exercise
23   in the manner provided by this act all powers granted to him by
24   this act, and shall perform all the duties imposed upon him by
 1   this act, which shall include the following:
 2      * * *
 3      (c.1)     To certify to county boards of elections the
 4   information contained in fiscal notes received from the Office
 5   of the Budget under section 201.1(b).
 6      * * *
 7      Section 2.     Sections 201.1 and 1003(g) of the act are amended
 8   to read:
 9      Section 201.1.     Explanation of Ballot Question.--(a)
10   Whenever a proposed constitutional amendment or other State-wide
11   ballot question shall be submitted to the electors of the
12   Commonwealth in referendum, the Attorney General shall prepare a
13   statement in plain English which indicates the purpose,
14   limitations and effects of the ballot question on the people of
15   the Commonwealth. The Secretary of the Commonwealth shall
16   include such statement in his publication of a proposed
17   constitutional amendment as required by Article XI of the
18   Constitution of Pennsylvania. The Secretary of the Commonwealth
19   shall certify such statement to the county boards of elections
20   who shall publish such statement as a part of the notice of
21   elections required by section 1201 or any other provision of
22   this act. The county board of elections shall also require that
23   at least three copies of such statement be posted in or about
24   the voting room outside the enclosed space with the specimen
25   ballots and other instructions and notices of penalties. In
26   election questions which affect only one county or portion
27   thereof, the county board of elections shall fulfill these
28   requirements in the place of the Attorney General and the
29   Secretary of the Commonwealth.
30      (b)     (1)   In addition to the requirements of subsection (a),

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 1   whenever a Statewide ballot question is submitted to the
 2   electors of the Commonwealth in referendum for the issuance of
 3   debt, the Office of the Budget shall prepare a fiscal note in
 4   plain English, which shall include a detailed description of the
 5   project that may be funded by the debt, the total costs for the
 6   project, the anticipated interest costs over the term of the
 7   debt and any anticipated future costs for issuing the debt. The
 8   fiscal note shall specify that the estimated costs of borrowing
 9   are relevant within the period of time indicated by the Office
10   of the Budget. The Office of the Budget shall submit the fiscal
11   note to the Secretary of the Commonwealth, and the Secretary of
12   the Commonwealth shall certify the fiscal note to the county
13   boards of elections. A county board of elections shall post
14   notice of the fiscal note on the county board's publicly
15   accessible Internet website and publish the fiscal note as a
16   part of the notice of elections required under section 1201 or
17   any other provision of this act. A county board of elections
18   shall post at least three copies of the fiscal note in or about
19   the voting room outside the enclosed space with the specimen
20   ballots and other instructions and notices of penalties.
21      (2)   In election questions for the issuance of debt that
22   affects only one county, city, borough, township, school
23   district or other political subdivision or incorporated district
24   contained in a county, the governing body of the local
25   government unit shall originate the fiscal note, which shall
26   include the description of the project that may be funded by the
27   debt, the total costs for the project, the anticipated interest
28   costs over the term of the debt and any anticipated future costs
29   for issuing the debt. The fiscal note shall specify that the
30   approximate costs of borrowing are relevant within the period of

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 1   time indicated in the information of the governing body that
 2   seeks to acquire the electorate-approved debt. The governing
 3   body of the local government unit shall submit the ballot
 4   question and fiscal note to the county board of elections and
 5   the county board of elections shall post notice of the fiscal
 6   note on the county board's publicly accessible Internet website
 7   and publish the fiscal note as a part of the notice of elections
 8   required under section 1201 or any other provision of this act.
 9   The county board of elections shall post at least three copies
10   of the fiscal note in or about the voting room outside the
11   enclosed space with the specimen ballots and other instructions
12   and notices of penalties.
13      Section 1003.   Form of Official Election Ballot.--
14      * * *
15      (g)   The official ballots shall vary in form only as the
16   names of districts, offices, candidates or the provisions of
17   this act may require. When constitutional amendments or other
18   questions, including fiscal notes prepared by the Office of the
19   Budget or local government unit under section 201.1(b), are
20   submitted to a vote of the electors, each amendment or other
21   question, including fiscal notes, so submitted may be printed
22   upon the ballot below the groups of candidates for the various
23   offices, and, when required by law, shall be so printed.
24   Constitutional amendments so submitted shall be printed in brief
25   form, to be determined by the Secretary of the Commonwealth, and
26   other questions, including fiscal notes, so submitted shall be
27   printed in brief form, to be determined by the Secretary of the
28   Commonwealth in the case of questions to be voted on by the
29   electors of the State at large, and by the county boards in
30   other cases. To the right of each question there shall be placed

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1   the words "yes" and "no," together with appropriate squares to
2   the right of each for the convenient insertion of a cross mark.
3      Section 3.   This act shall apply to elections occurring at
4   least 60 days after the effective date of this section.
5      Section 4.   This act shall take effect in 60 days.




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