§ 1104-AInstallation of Electronic Voting Systems

(a) If a majority of the qualified registered
electors voting on the question in any county or municipality
vote in favor of the adoption of an electronic voting system,
the county board of elections of that county shall purchase,
lease, or otherwise procure for each election district of such
county or municipality, the components of an electronic voting
system of a kind approved, as hereinafter provided, by the
Secretary of the Commonwealth, and the board shall thereafter
notify the Secretary of the Commonwealth, in writing, that they
have done so.
   (b) The installation throughout the county or municipality
of the electronic voting system adopted by the county board of
elections may be accomplished either simultaneously in all
election districts or in stages at the discretion of the county
board, and the manner of implementation as among election
districts shall also be at the discretion of the county board:
Provided, however, That the electronic voting system adopted
by the county board shall be fully implemented throughout the
county or municipality within one hundred and three weeks after
the approval of the adoption of an electronic voting system by
the electors of the county or municipality. Upon the
installation of an electronic voting system in any election
district, the use therein of paper ballots and of voting
machines shall be discontinued, except as otherwise provided
herein.
   (c) If the question hereinbefore provided shall have been
submitted to the qualified registered electors of the county
or municipality and the majority of the electors voting thereon
shall have voted favorably thereon, and if the county board of

elections shall not, within one year after such vote, have
executed a contract or contracts providing for the purchase,
lease or other procurement of an electronic voting system for
use at the general, municipal, primary or special election
occurring at least one year and sixty days after such vote,
then the Secretary of the Commonwealth shall forthwith in
writing, notify the said county board of elections that, after
the expiration of thirty days, he, under the authority of this
act, will award, make and execute such contract or contracts
on behalf of the said county, unless the said county board of
elections shall make and execute the same prior to the
expiration of that period and shall notify him, in writing,
that they have done so.
   (d) If, upon the expiration of said thirty days, the county
board of elections still shall not have made and executed a
contract or contracts providing for the purchase, lease or other
procurement of an electronic voting system as aforesaid, the
Secretary of the Commonwealth, on behalf of the said county and
upon the approval of the Attorney General as to form, shall
thereupon award, make and execute a contract or contracts for
the purchase, lease or other procurement of an electronic voting
system, approved as required by this act, for each election
district within such county or municipality, and the cost of
such system, including the preparation and printing of
specifications and all other necessary expenses incidental
thereto, shall be the debt of the said county, and upon the
certificate of the Secretary of the Commonwealth, it shall be
the duty of the controller, if any, to allow, and of the
treasurer of the county to pay, the sum out of any appropriation
available therefore or out of the first unappropriated moneys
that come into the treasury of the county. If the Secretary of
the Commonwealth shall find it impracticable to procure an
electronic voting system for installation in each election
district of the county or municipality for use at the election
then next ensuing, he shall provide for the installation of
such a system in as many election districts of the county or
municipality as shall be practicable and, as soon thereafter
as practicable, shall provide for the installation of such
system in the remainder of the election districts of the county
or municipality.
   (e) Any county or municipality may, by a majority vote of
its qualified registered electors cast at any general or
municipal election held not earlier than one hundred and three
weeks after they have voted to adopt an electronic voting
system, direct the discontinuance of the use of such a system
at all elections held in such county or municipality. Upon the
receipt by the county board of elections of a petition signed
by qualified registered electors of the county or municipality
equal in number to at least ten (10) per centum of the total
number of electors who voted in said county or municipality at
the last preceding general or municipal election, the question
for the discontinuance of the use of such an electronic voting
system shall be submitted to the qualified registered electors
of that county or municipality, subject to the same requirements
as to the conduct of the election as is required for the
submission of the question on the authorization of the use of
an electronic voting system. The question as to the
discontinuance of the use of an electronic voting system shall
be submitted in the following form: "Shall the use of an
electronic voting system be continued in the (county or
municipality) of .......?"
   (1104-A added July 11, 1980, P.L.600, No.128)