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ELECTION REFORM BILLS MOVE FORWARD
The House has adopted significant amendments to SB 421 that would lead to multiple changes to the Election Code, and the bill could be the vehicle to provide state funding for county purchase of new voting systems.
The legislation, introduced by Sen. Lisa Boscola (D-Northampton), retains its original provisions that eliminate the straight party voting option. However, after negotiations among the House, Senate and Governor's office, the House State Government Committee amended SB 421 to also address a wide variety of other election-related considerations, with the signature changes dealing with absentees and voter registration. Most of its provisions would take effect for the April 2020 primary election.
Under the bill, the deadline for delivery of absentee ballots to the county election office is moved from Friday before the election to 8 p.m. on election day, while providing for central count of absentee ballots to accommodate the deadline change. Individuals who vote by absentee ballot would be prohibited from voting at the polls. New provisions for emergency applications apply for Tuesday prior to the election to the close of polls. Voters making in-person requests could cast their ballots at the time of request. Importantly, the amendment creates a new mail-in voter provision that would effectively be a no-fault absentee ballot.
The bill also changes the voter registration deadline to 15 days before an election, a compromise from calls for same-day registration.
Among other amendments, the bill moves the date to begin canvassing ballots up to the Friday after the election, and allows counties to begin canvassing on election night. It includes changes in ballot printing requirements sought by counties to reduce wasted resources and unnecessary cost. A provision is added to prohibit use of stickers for write-in candidates. The bill also incorporates a concept from legislation vetoed earlier in the year, SB 48, to require the Department of State to file with the legislature if it intends to decertify election systems affecting more than 50% of the counties.
Committee chair Rep. Garth Everett (R-Lycoming) noted that going forward, the plan was to amend SB 421 again in the House Appropriations Committee to include a $90 million bond authorization to provide funding to reimburse counties for part of the cost of new voting systems, being put in place under the requirements of the 2018 settlement agreement with the Jill Stein presidential campaign. Funding for voting systems to reduce the burden on property taxpayers is a county priority for 2019.
Relatedly, the Senate also took action on two proposed constitutional amendments to update commonwealth election practices. On Oct. 22, the Senate gave its approval to SB 412, introduced by Sen. Pat Stefano (R-Fayette), which would remove the current constitutional restriction preventing public employees from serving as poll workers. In addition, the Senate unanimously approved SB 413, offered by former CCAP member Sen. Scott Martin (R-Lancaster) to remove language from the constitution requiring a separate ballot or column for judicial retention elections. Both bills now go to the House for its consideration; in order to be adopted into the state's constitution, each bill would need to be approved by the General Assembly with the same language in this and the next legislative session, and then approved by a statewide voter referendum.
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ASSESSMENT BILLS ADVANCE IN SENATE
On Oct. 22, the Senate Local Government Committee voted to report Rep. Garth Everett's (R-Lycoming) HB 1034 to improve proper and timely submission of building permits to county assessment offices, as well as allow counties to develop their own improvement certification forms. The committee removed language that would have required the Department of Labor and Industry to take corrective action against a third party agency if the county assessment office filed a complaint that the agency was continually noncompliant in submitting building permits to the county.
At its Oct. 23 meeting, the Senate Appropriations Committee also reported SB 491, Sen. Judy Ward's (R-Blair) legislation to add two Certified Pennsylvania Evaluators (CPEs, the designation which much be obtained by county assessors who are responsible for valuing property) to the State Board of Certified Real Estate Appraisers. The Committee also reported SB 492, legislation to clarify that third-party contractors hired to complete countywide reassessments must be certified as CPEs, which was introduced by former CCAP member Sen. Scott Martin (R-Lancaster).
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PILOT RISK-LIMITING AUDIT PLANNED FOR POST-ELECTION
The Department of State recently announced that it is preparing to work with election officials in Mercer County and Philadelphia to conduct a post-election pilot of a risk-limiting audit. The concept, also referred to as a smart audit, is a scientifically designed procedure conducted after an election to check the accuracy of election outcomes, using statistical methods to confirm whether reported election outcomes are correct and to detect possible interference. Risk-limiting audits, new to Pennsylvania as well as much of the country, are increasingly recommended as a part of a strong and resilient election infrastructure.
The pilots will be conducted in partnership with elections and statistical experts from across the nation, and will be open to the public. They will be used to help determine whether the risk-limiting audit can complement existing safeguards and further strengthen the commonwealth's ability to withstand attack on its election systems.
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SENATE PANEL APPROVES LIMITING SPOT APPEALS
Legislation to limit the circumstances under which taxing districts can appeal property assessments is once again under consideration by the General Assembly.
The Senate Urban Affairs Committee voted 8-3 on Oct. 23 to report SB 334, legislation introduced by Sen. David Argall (R-Schuylkill) that would prohibit taxing districts from appealing the assessment of a property based on the purchase or sale of that property, the financing or refinancing of the property, or improvements to the property that either affect safety elements of the property or that are required by fair housing laws and regulations. A taxing district would be able to appeal an assessment only as part of the normal course of the appeals process following a countywide reassessment, or when there is a change in the productive use of the property or the property is divided and conveyed in smaller parcels. In addition, a property owner who was subject to an appeal based on one of these prohibited conditions since the last countywide reassessment would be permitted to have the value of his or her property returned to its prior value.
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COUNTIES TO PROVIDE INPUT AT UPCOMING HEARINGS
When the General Assembly returns to session the week of Oct. 28, counties will have the opportunity to provide testimony on several critical issues.
On Oct. 28, county commissioners Mark Hamilton (Tioga), Wendell Kay (Wayne) and Jack Matson (Jefferson) will appear before the House Transportation Committee to discuss the potential impacts of a proposed shift of the Medical Assistance Transportation Program to a regional or statewide brokerage model. Act 19 of 2019 delayed this change, originally required under Act 40 of 2018, for 180 days while an analysis is completed by the departments of Human Services, Aging and Transportation.
CCAP, alongside several county tax claim bureau directors, will also testify on Oct. 30 before a joint hearing of the Senate Urban Affairs and House Urban Affairs and Housing committees on SB 775 and HB 1559. The bills would create a program in each county to have prospective tax sale bidders register before each sale and certify that they do not have delinquent taxes or outstanding code violations.
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HOUSE, SENATE, RECOGNIZE JUVENILE DETENTION WEEK
Both the House and Senate considered resolutions declaring Sept. 30 to Oct. 4 as Juvenile Detention Centers and Alternative Programs (JDCAP) Week in Pennsylvania.
In mid-September, the Senate adopted SR 217, introduced by former CCAP member Sen. Andrew Dinniman (D-Chester), with the resolution presented to the JDCAP membership at their annual conference in October. The House Judiciary Committee reported the similar HR 541 on Oct. 22, sponsored by former CCAP member Rep. Jerry Knowles (R-Schuylkill). The resolutions celebrate the thousands of Pennsylvanians dedicated to ensuring the proper care and supervision of justice-involved youth and their commitment to holding justice-involved youth accountable for their actions while helping them build the competencies needed to be productive citizens.
JDCAP, an affiliate of CCAP since 1997, is changing its name to the Pennsylvania Partnership for Juvenile Services (PPJS) to reflect the membership's ongoing commitment to inspire positive youth outcomes through system innovation.
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CCAP FALL CONFERENCE ACTIVITIES
CCAP policy committees will meet Nov. 24 in conjunction with the CCAP Fall Conference and Newly Elected Officials Workshop, Nov. 23 to 26 at The Hotel Hershey, to develop their work plans and set legislative priorities for 2020. The Conference also includes a membership voting session on Tuesday, Nov. 26 to consider the Association's 2020 action plan and 2020 dues schedule. Information on the voting matters will be emailed to the CCAP membership in advance.
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