§ 1107-ARequirements of Electronic Voting Systems

No electronic voting system shall, upon any
examination or reexamination, be approved by the Secretary of
the Commonwealth, or by any examiner appointed by him, unless
it shall be established that such system, at the time of such
examination or reexamination:
   (1) Provides for voting in absolute secrecy and prevents
any person from seeing or knowing for whom any voter, except
one who has received or is receiving assistance as prescribed
by law, has voted or is voting.
   (2) Provides facilities for voting for such candidates as
may be nominated and upon such questions as may be submitted.
   (3) ((3) deleted by amendment Oct. 31, 2019, P.L.552, No.77)
   (4) Permits each voter, at other than primary elections,
to vote a ticket selected from the nominees of any and all
political parties, from the nominees of any and all political
bodies, and from any persons whose names are not in nomination
and do not appear upon the official ballot.
   (5) Permits each voter to vote for any person and any office
for whom and for which he is lawfully entitled to vote, whether
or not the name of such person appears upon the ballot as a
candidate for nomination or election.
   (6) Permits each voter to vote for as many persons for any
office as he is entitled to vote for and to vote for or against
any question upon which he is entitled to vote and precludes
each voter from voting or from having his vote tabulated for
any candidate, or upon any question, for whom or upon which he
is not entitled to vote.

   (7) If it is of a type that registers the vote
electronically, the voting system shall preclude each voter
from voting for more persons for any office than he is entitled
to vote for or upon any question more than once.
   (8) Precludes each voter from voting or from having his
vote tabulated more than once for any candidate for the same
office or upon any question, except in districts and for offices
where cumulative voting is authorized by law.
   (9) Permits each voter at a primary election to vote only
for the candidates seeking nomination by a political party in
which such voter is registered and enrolled, and for any
candidate for nonpartisan nomination, and for any question upon
which he is entitled to vote.
   (10) If it is of a type that registers the vote
electronically, the voting system shall permit each voter to
change his vote for any candidate or upon any question appearing
on the official ballot up to the time that he takes the final
step to register his vote and to have his vote computed. If it
is of a type that uses paper ballots or ballot cards to register
the vote and automatic tabulating equipment to compute such
votes, the system shall provide that a voter who spoils his
ballot may obtain another ballot; any ballot thus returned shall
be immediately cancelled and at the close of the polls shall
be enclosed in an envelope marked "spoiled" which shall be
sealed and returned to the county board.
   (11) Is suitably designed for the purpose used, is
constructed in a neat and workmanlike manner of durable material
of good quality, is safely and efficiently useable in the
conduct of elections and, with respect to the counting of
ballots cast at each district, is suitably designed and equipped
to be capable of absolute accuracy, which accuracy shall be
demonstrated to the Secretary of the Commonwealth.
   (12) Provides acceptable ballot security procedures and
impoundment of ballots to prevent tampering with or substitution
of any ballots or ballot cards.
   (13) When properly operated, records correctly and computes
and tabulates accurately every valid vote registered.
   (14) Is safely transportable.
   (15) Is so constructed that a voter may readily learn the
method of operating it.
   (16) If the voting system is of a type which provides for
the computation and tabulation of votes at the district level,
the district component of the automatic tabulating equipment
shall include the following mechanisms or capabilities:
   (i) A public counter, the register of which is visible from
the outside of the automatic tabulating equipment component
into which the ballots are entered, which shall show during any
period of operation the total number of ballots entered for
computation and tabulation.
   (ii) A lock, or locks, by the use of which all operation
of the tabulation element of the automatic tabulating equipment
is absolutely prevented immediately after the polls are closed
or where the tabulation of votes is completed.
   (iii) It shall be so constructed and controlled that, during
the progress of voting, it shall preclude every person from
seeing or knowing the number of votes theretofore registered
for any candidate or question; and it shall preclude every
person from tampering with the tabulating element.
   (iv) If the number of choices recorded for any office or
on any question exceeds the number for which the voter is
entitled to vote, it shall reject all choices recorded on the
ballot for that office or question, provided, that if used

during the period of voting it may also have the capacity to
indicate to a voter that he has improperly voted for more
candidates for any office than he is entitled to vote for, and
in such case it shall have the capacity to permit the voter to
mark a new ballot or to forego his opportunity to make such
correction.
   (v) It shall be equipped with an element which generates a
printed record at the beginning of its operation which verifies
that the tabulating elements for each candidate position and
each question and the public counter are all set to zero and
with an element which generates a printed record at the finish
of its operation of the total number of voters whose ballots
have been tabulated, the total number of votes cast for each
candidate whose name appears on the ballot, and the total number
of votes cast for, or against, any question appearing on the
ballot.
   (17) If the voting system is of a type which provides for
the computation and tabulation of all votes at a central
counting center or if it provides for the tabulation of district
totals at such a central counting center, the central automatic
tabulating equipment shall include the following mechanisms or
capabilities:
   (i) It shall be constructed so that every person is
precluded from tampering with the tabulating element during the
course of its operation.
   (ii) If the number of choices for any office or on any
question exceeds the number for which the voter is entitled to
vote, it shall reject all choices recorded on the ballot for
that office or question.
   (iii) It shall have a means by which to verify that the
counters for each candidate position and for each question are
all set to zero and shall be able to generate a printed record
of each election district showing the total number of voters
whose ballots have been tabulated, the total number of votes
cast for each candidate whose name appears on the ballot, and
the total number of votes cast for, or against, any question
appearing on the ballot. It may also be capable of generating
cumulative election reports.
   (1107-A added July 11, 1980, P.L.600, No.128)