TrustVoting Atlas

(a) The county board shall, at nine o'clock A. M. on the
third day following the primary or election, at its office or
at some other convenient public place at the county seat, of
which due notice shall have been given as provided by section
1403, publicly commence the computation and canvassing of the
returns, and continue the same from day to day until completed,
in the manner hereinafter provided. For this purpose any county
board may organize itself into sections, each of which may
simultaneously proceed with the computation and canvassing of
the returns from various districts of the county in the manner
provided by this section. Upon the completion of such
computation and canvassing, the board shall tabulate the figures
for the entire county and sign, announce and attest the same,
as required by this section. ((a) carried without amendment Oct
8, 2004, P.L.807, No.97)
   (b) It shall be the duty of each board of registration
commissioners in each county, before the time fixed for the
county board to convene for purpose of computing and canvassing
returns of any primary or election, to certify to said county
board the total registration of each election district within
its jurisdiction, and the enrollment of each district by
political parties at primaries. The county board, before
computing the votes cast in any election district, shall compare
said registration and enrollment figures with the certificates
returned by the election officers showing the number of persons
who voted in each district or the number of ballots cast. If,
upon consideration by said return board of the returns before
it from any election district and the certificates aforesaid,
it shall appear that the total vote returned for any candidate
or candidates for the same office or nomination or on any
question exceeds the number of registered or enrolled electors
in said election district or exceeds the total number of persons
who voted in said election district or the total number of
ballots cast therein, or, if it shall appear that the total
number of partisan votes returned for any candidate or
candidates for the same office or nomination at any primary
exceeds the number of electors registered or enrolled in said
district as members of that political party, or exceeds the
total number of persons belonging to that party who voted in
said district or the total number of ballots of that party cast
therein, in any such case, such excess shall be deemed a
discrepancy and palpable error, and shall be investigated by
the return board, and no votes shall be recorded from such
district until such investigation shall be had, and such excess
shall authorize--(a) the summoning of the election officers,
overseers, machine inspectors, and clerks to appear forthwith
with any election papers in their possession; (b) the production
of the ballot box before the return board, and the examination
and scrutiny of all of its contents, and all of the registration
and election documents whatever, relating to said district, in

the presence of representatives of each party and candidate
interested who are attending the canvass of such votes; and the
recount of the ballots contained in said ballot box, either
generally or respecting the particular office, nomination, or
question as to which the excess exists, in the discretion of
the return board; (c) the correction of the returns in
accordance with the result of said recount; (d) in the
discretion of the return board, the exclusion of the poll of
that district, either as to all offices, candidates, questions,
and parties, or as to any particular offices, candidates,
questions, or parties as to which said excess exists, if the
ballot box be found to contain more ballots than there are
electors registered or enrolled in said election district, or
more ballots of one party than there are electors registered
or enrolled in said district as members of that party, or more
ballots than the number of voters who voted at said election,
or more ballots of one party than the number of voters of that
party who voted at said election; (e) a report of the facts of
the case to the district attorney where such action appears to
be warranted.
   (c) The county board shall first publicly account for all
extra official ballots printed under the provisions of section
1007 of this act. The general returns made by the election
officers from the various election districts shall then be read
one after another in the usual order, slowly and audibly, by
one of the clerks who shall, in each case of a return from a
district in which ballots were used, read therefrom the number
of ballots (in the case of primaries the number of ballots of
each party) issued, spoiled and cancelled, and cast,
respectively, whereupon the clerk having charge of the records
of the county board showing the number of ballots furnished for
each election district, including the number of extra official
ballots as provided by section 1007 of this act as so furnished,
and the number of unused ballots and spoiled and cancelled
ballots returned, shall publicly announce the number of the
same respectively, and unless it appears by said number or
calculations therefrom that said records, and the said general
return correspond, no further returns shall be read from the
latter until all discrepancies are explained to the satisfaction
of the county board. In the case of districts in which voting
machines are used, there shall be read from the general return
the identifying number or other designation of each voting
machine used, the numbers registered on the protective counter
or device on each machine prior to the opening of the polls and
immediately after close of the same, whereupon the clerk having
charge of the records of the county board showing the number
registered on the protective counter or device of each voting
machine prior to delivery at the polling place, shall publicly
announce the numbers so registered, and unless it appears that
the said records, and the said general return correspond, no
further returns shall be read from the latter until any and all
discrepancies are explained to the satisfaction of the county
board. ((c) amended Nov. 27, 2019, P.L.673, No.94)
   (d) (1) In districts in which paper ballots have been used,
when the records agree with said returns regarding the number
of ballots and the number of votes recorded for each candidate
(on each party ticket at primaries), said votes for each
candidate shall be read by the clerk slowly, audibly, and in
an orderly manner from the general return which has been
returned unsealed, and the figures announced shall be compared
by other clerks with the general return which has been returned
sealed. The figures announced for all districts shall be

compared by one of the clerks with the tally papers from the
respective districts. If any discrepancies are discovered, the
county board shall thereupon examine all of the return sheets,
tally papers and other papers in its possession relating to the
same election district. If the tally papers and sealed general
return sheet agree, the unsealed general return shall be
forthwith corrected to conform thereto. But in every other case
the county board shall forthwith cause the ballot box of the
district to be opened and the vote therein to be recounted in
the presence of attorneys, watchers, and candidates interested,
and if the recount shall not be sufficient to correct the error,
the county board may summon the election officers and overseers,
if any, to appear forthwith with all election papers in their
possession.
   (2) In districts in which voting machines have been used,
when the records agree with the returns regarding the number
registered on the voting machine, the votes recorded for each
candidate shall be read by the clerk slowly, audibly, and in
an orderly manner from the general return sheet which has been
returned unsealed, and the figures announced shall be compared
by other clerks with the duplicate return sheet which has been
returned sealed, and if the voting machine is of the type
equipped with mechanism for printing paper proof sheets, said
general and duplicate return sheets shall also be compared with
said proof sheets, which have been returned as aforesaid. If
any discrepancies are discovered, the county board shall
thereupon examine all of the return sheets, proof sheets and
other papers in its possession relating to the same election
district. The said proof sheets shall be deemed to be the
primary evidence of the result of the election and to be prima
facie accurate, and if the proper proof sheets properly
identified, shall be mutually consistent, and if the general
and duplicate returns, or either of them, from said district
shall not correspond with said proof sheets, they shall be
corrected so as to correspond with same, in the absence of
allegation of specific fraud or error, proved to the
satisfaction of the county board.
   (3) If any error or fraud is discovered, the county board
shall compute and certify the votes justly regardless of any
fraudulent or erroneous returns presented to it, and shall
report the facts to the district attorney of the proper county
for action.
   (4) In districts where electronically tabulated ballots are
used in conjunction with central ballot tabulation, the return
board shall compare the number of persons voting as indicated
on the computer return sheets, with the number voting as
indicated on the sealed general return from the election
district. In the case of a discrepancy, the procedures specified
for paper ballots in subsection (d)(1) shall be followed. ((4)
added July 11, 1980, P.L.600, No.128)
   (5) In districts where ballots are tabulated at the election
district, the procedures specified for paper ballots in
subsection (d)(1) shall be followed. ((5) added July 11, 1980,
P.L.600, No.128)
   (e) Provision for Recount or Recanvass of Vote.--Whenever
it shall appear that there is a discrepancy in the returns of
any election district, or, upon petition of three voters of any
district, verified by affidavit, that an error, although not
apparent on the face of the returns, has been committed therein,
or of its own motion or under subsection (g), the county board
shall at any time prior to the completion of the computation
of all of the returns for the county, summon the election

officers of the district, and said officers, in the presence
of said board, shall conduct a recount or recanvass of all
ballots cast. Before making such recount or recanvass, the said
board shall give notice in writing to the proper custodian of
voting machines, and to each candidate, and to the county
chairman of each party or political body, affected by the
recount or recanvass; and each such candidate may be present
in person, or by attorney, and each of such parties, or bodies,
may send two representatives to be present at such recount or
recanvass.
   (1) In a county in which an election district uses voting
machines, all of the following apply:
   (i) The county board shall:
   (A) make a record of the number of the seal upon the voting
machine and the number on the protective counter or other
device;
   (B) make visible the registering counters of such machine;
and
   (C) without unlocking the machine against voting, recanvass
the vote cast on the machine.
   (ii) If, upon such recanvass, it shall be found that the
original canvass of the returns has been correctly made from
the machine, and that the discrepancy still remains unaccounted
for, the said board, with the assistance of the custodian, in
the presence of the election officers and the authorized
candidates and representatives, shall unlock the voting and
counting mechanism of the machine, and shall proceed thoroughly
to examine and test the machine to determine and reveal the
true cause or causes, if any, of the discrepancy in returns
from such machine. Each counter shall be reset at zero (000)
before it is tested, after which it shall be operated at least
one hundred times. After the completion of such examination and
test, the custodian shall then and there prepare a statement,
in writing, giving in detail the result of the examination and
test, and such statement shall be witnessed by the persons
present, and shall be filed with the said board.
   (iii) If, upon such recanvass, it shall appear that the
original canvass of the returns by the election officers was
incorrect, the said returns and all papers being prepared by
the said board shall be corrected accordingly: Provided,
however, That in the case of returns from any election district
wherein the election was held by the use of a voting machine
equipped with mechanism for printing paper proof sheets, said
proof sheets, if mutually consistent, shall be deemed to be the
primary evidence of the result of the election and to be prima
facie accurate, and there shall not be considered to be any
discrepancy or error in the returns from any such district,
such as to require a recanvass of the vote, if all available
proof sheets, from the voting machine used therein, identified
to the satisfaction of the return board and shown to its
satisfaction to have been produced from proper custody, shall
be mutually consistent, and, if the general and duplicate
returns, or either of them, from said district shall not
correspond with said proof sheets, they, and all other papers
being prepared by said return board, shall be corrected so as
to correspond with the same, in the absence of allegation of
specific fraud or error, proved to the satisfaction of the
return board by the weight of the evidence, and only in such
case shall the vote of said election district be recanvassed
under the provisions of this section.

   (2) In a county in which an election district uses paper
ballots other than those used in conjunction with an electronic
voting system, all of the following apply:
   (i) The county board shall, in the presence of the election
officers and the authorized candidates and representatives,
cause:
   (A) the ballot box of each district to be opened and the
vote in the ballot box to be recounted; and
   (B) the entire vote of the election district to be counted
correctly.
   (ii) The county board may summon the election officers and
overseers to appear with all election papers in their possession
to assist in determining an accurate count or addressing errors
and omissions.
   (3) In a county in which an election district uses an
electronic voting system utilizing paper ballots, all of the
following apply:
   (i) The county board shall recount all ballots using manual,
mechanical or electronic devices of a different type used for
the specific election.
   (ii) All ballots containing overvotes shall be counted
manually.
   (4) In a county in which an election district uses any other
type of electronic voting systems, the county board shall
conduct the recanvass similar to the procedure specified in
clause (1) for voting machines.
   ((e) amended Oct. 8, 2004, P.L.807, No.97)
   (f) As the returns from each election district are read,
computed and found to be correct or corrected as aforesaid,
they shall be recorded on the blanks prepared for the purpose
until all the returns from the various election districts which
are entitled to be counted shall have been duly recorded, when
they shall be added together, announced and attested by the
clerks who made and computed the entries respectively and signed
by the members of the county board. Returns under this
subsection shall be considered unofficial for five (5) days.
The county board shall submit the unofficial returns to the
Secretary of the Commonwealth by five o'clock P. M. on the
Tuesday following the election. The submission shall be as
directed by the secretary for public office which appears on
the ballot in every election district in this Commonwealth or
for a ballot question which appears on the ballot in every
election district in this Commonwealth. At the expiration of
five (5) days after the completion of the computation of votes,
in case no petition for a recount or recanvass has been filed
in accordance with the provisions of this act, or upon the
completion of the recount or recanvass if a petition therefor
has been filed within five (5) days after the completion of the
computation of votes, the county board shall certify the returns
so computed in said county in the manner required by this act,
unless upon appeals taken from any decision, the court of common
pleas shall have directed any returns to be revised, or unless
in case of a recount, errors in the said returns shall have
been found, in which case said returns shall be revised,
corrected and certified accordingly. The county board shall
thereupon, in the case of elections, issue certificates of
election to the successful candidates for all county, city,
borough, township, ward, school district, poor district and
election offices, and local party offices to be filled by the
votes of the electors of said county, or of any part thereof.
((f) amended Oct. 8, 2004, P.L.807, No.97)

   (g) This subsection relates to recounts and recanvasses
ordered by the secretary.
   (1) Except as set forth in subsection (h), the secretary
shall order a recount and recanvass to all county boards if the
unofficial returns prepared in accordance with subsection (f)
reflect any of the following:
   (i) A candidate for a public office which appears on the
ballot in every election district in this Commonwealth was
defeated by one-half of a percent or less of the votes cast for
the office. This subclause includes a candidate for retention
to a Statewide judicial office.
   (ii) A ballot question appearing on the ballot in every
election district in this Commonwealth was approved or rejected
by one-half of a percent or less of the votes cast on the
question.
   (2) The secretary shall issue an order under clause (1) by
five o'clock P. M. of the second Thursday following the day of
the election.
   (3) The secretary shall provide twenty-four (24) hours
notice of an order under clause (1) to each candidate and to
the county chairman of each party or political body affected
by the recount and recanvass. Notice shall be by press release,
the World Wide Web site or other means.
   (4) A candidate affected by the recount and recanvass may
be present, in person or by attorney, at the recount and
recanvass. A party or body affected by the recount and recanvass
may send two representatives to the recount and recanvass.
   (5) The recount and recanvass shall:
   (i) follow procedures specified in subsection (e);
   (ii) be scheduled to be held by the third Wednesday
following the day of the election; and
   (iii) be completed by noon on the following Tuesday.
   (6) The results of the recount and recanvass shall be
submitted to the secretary by 12 o'clock noon on the day
following completion of the recount and recanvass.
   (7) The secretary shall issue a press release and publish
on the World Wide Web site all results received from the county
boards of election.
   (8) Following the completion of the recount and recanvass,
the Commonwealth shall pay to each county the sum specified in
sections 1701 and 1702. The amounts necessary to pay the
counties are hereby appropriated, upon approval of the Governor,
to the Department of State.
   ((g) added Oct. 8, 2004, P.L.807, No.97)
   (h) A recount and recanvass shall not be ordered under
subsection (g)(1)(i) if the defeated candidate requests in
writing that a recount and recanvass not be made. A request
under this subsection must be made by 12 o'clock noon on the
second Wednesday following the election. ((h) added Oct 8, 2004,
P.L.807, No.97)