SENATE SPECIAL COMMITTEE ON ELECTION INTEGRITY AND REFORM REPORT ON THE SPECIAL COMMITTEE’S FINDINGS AND RECOMMENDATIONS TO THE SENATE AND THE SENATE STATE GOVERNMENT COMMITTEE Senate Special Committee on Election Integrity and Reform Wayne Langerholc, Jr., Chairman Sharif Street, Democratic Chairman Lisa Baker Lisa Boscola John R. Gordner Steve Santarsiero Mike Regan Lindsey Williams Jake Corman, President Pro Tempore, ex-officio SECRETARY OF THE SENATE Megan Martin CHIEF CLERK OF THE SENATE Donetta M. D’Innocenzo SPECIAL COMMITTEE EXECUTIVE DIRECTOR Joshua J. Paul Report on the Special Committee’s Findings and Recommendations to the Senate and the Senate State Government Committee Table of Contents Introduction ............................................................................................................................. Page 2 A Review of Best Practices of Election Integrity and Security from Other States ................. Page 3 State and Local Insight on the Administration of Elections in Pennsylvania ......................... Page 4 Insight on the Administration of Elections in Philadelphia and Allegheny Counties ............ Page 6 Findings from the Senate Special Committee’s Online Survey .............................................. Page 7 Special Committee’s Legislative Recommendations .............................................................. Page 9 Recognition of All Who Testified Before the Senate Special Committee ............................ Page 14 Submitted Written Testimony ........................................................................................ Appendix A 1 Introduction The bipartisan Special Committee on Election Integrity and Reform (Special Committee) was established pursuant to Rule 5(a)(2) of our Senate Rules, and Section 644(1) of Mason’s Manual of Legislative Procedure. The Special Committee’s primary purpose was to focus on the review of all aspects of the 2020 General Election, including: the security of the vote before, during and after Election Day; the accuracy and security of the election process, particularly during the pre-canvassing and canvassing stages; the uniformity of the election processes across the Commonwealth; the impact and role of our judiciary on the election process; the impact and role of the former Secretary of the Commonwealth of Pennsylvania in issuing interpretations, guidance and instructions regarding the election process and the conduct of the election as a whole; and other election- related issues. This Special Committee was comprised of four Senate Republican members and four Senate Democratic members, with the President Pro Tempore serving as an ex-officio member. Special Committee members were appointed by the President Pro Tempore, in consultation with the Senate Minority Leader. On March 11, 2021, the Special Committee held a public hearing which focused on the best practices of election integrity and security from Colorado, Utah and Florida. On March 22, 2021, the Special Committee held a public hearing which focused on state and local insight of the administration of elections in Pennsylvania. On April 19, 2021, the Special Committee held a public hearing which focused on the administration of elections in Philadelphia and Allegheny Counties. The video and audio of all three public hearings and the submitted written testimonies are available and publicly accessible on the Special Committee’s website at pasenelectioncommittee.com. In addition to holding three public hearings, the Special Committee also hosted an online survey where all persons interested could share their experiences voting by mail or in-person during the 2020 General Election. The online survey was open for over seven weeks and received 20,251 responses from Pennsylvanians residing all throughout the Commonwealth and representing all 67 counties. Following through with the goal of the Special Committee, this report will be presented to the Senate and standing committees covering the legislative recommendations set forth by the Senate Motion establishing the Special Committee. 2 A Review of Best Practices of Election Integrity and Security from Other States On Monday, March 15, 2021, the Special Committee held a public hearing on the Review of Best Practices of Election Integrity and Security from Other States. Testifiers for this public hearing included elections officials from Colorado, Utah and Florida. Colorado uses a vote by mail system exclusively and citizens can vote in person if they are registered to vote eight days prior to Election Day. The state also uses signature verification to verify all signatures and if they don’t match, some are sent to the State Attorney General’s Office for investigation. The Denver Elections Division has a former FBI Forensic Handwriting Analyst who provides training to their signature verification judges. Colorado also updates its voter database daily with address changes from driver’s license centers, post offices, and death certificate rolls. Colorado will also cross reference voters with 30 other states to check for duplicates including the use of the ERIC system. Last year, the state prosecuted 38 voters for duplicate registrations. Colorado also uses photo identification as well as other forms of ID such as a copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Colorado also allows a voter to cure their signature using a uniform procedure which includes proof of identification and a signed affidavit. Utah, like Colorado, also conducts signature verification utilizing verification software and if signatures do not match, they are further reviewed by election officials. During the 2020 General Election, 93-percent of voters voted by mail in Utah. Utah also requires one of at least 23 different forms of identification in order to vote. Utah updates its voter database on a weekly basis. Like Pennsylvania, Utah utilizes secrecy envelopes for their ballots. Votes can be processed as they are received. All ballots received must be postmarked the day before the election. Florida, as the fourth largest state in the country, saw 1/3 of its population vote by mail. Like Colorado and Utah, Florida has signature verification. Signatures are compared against the voter signature on file. If a signature is missing or does not match the one on file, the voter has the ability to cure the ballot up to two days after the election. Florida also utilizes ballot tracking on their website so voters can confirm their ballot was received. In order to vote in Florida, residents must present one of 12 different forms of identification. Additionally, some counties provide the return postage on the ballots for voters. Drop boxes are supervised. Florida allows ballots to be opened and tabulated beginning 22 days prior to the election but all ballots must be received by the time the polls close at 7:00 pm on Election Day. All three states, whether they are controlled by Republicans or Democrats, share the uniform standard distinctions in their elections process: • Voter verification is essential for voters voting by mail or in-person; • Daily or weekly updates to voting database; • Utilize a tracking system for all ballots; and • Allow for pre-canvassing at least 20 days before the election. 3 State and Local Insight on the Administration of Elections in Pennsylvania On Tuesday, March 23, 2021, the Special Committee held a public hearing on State and Local Insight on the Administration of Elections in Pennsylvania. This hearing featured testimony from the Pennsylvania Department of State (the department), the Chair of the Elections Reform Committee of the County Commissioners Association of Pennsylvania, as well as election officials and county officials from rural and suburban counties including Lehigh, Lawrence, Wayne, Berks, Indiana, Snyder, Westmoreland, and Northampton Counties. According to the Department of State, $90 million from Act 77 of 2019 was reserved to reimburse counties for their voting system upgrade costs – approximately $41.6 million have been provided to counties so far. After conducting a year-long education campaign in order to prepare voters for the 2020 General Election, the Department claimed Act 77 was a success because of record high voter engagement. The Department said approximately 76-percent of Pennsylvania voters participated in the 2020 General Election. The county election officials testified regarding many of their experiences in the 2020 General Election, and offered the following suggestions for improvements: • Provide approved signature verification software. • Clarify information regarding drop boxes and allow voters to fix any issues with their ballot. • Eliminate the option for absentee ballots and only have mail-in ballot option. • Offer counties as much time as possible to begin pre-canvassing ballots to improve the likelihood of timely election results. • Change voter registration application deadline to 30 days prior to primary and general election days. • Change mail-in ballot application deadline to 30 days prior to primary and general election days. • Make early voting process quicker but do not establish same day voter registration. • Disallow voters from changing their minds after requesting a ballot. • Ensure continuing education and training for election directors. The county commissioners testified that election reform is the County Commissioners Association of Pennsylvania’s