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§ 3035.12. Reimbursement of county voting apparatus expenses

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: October 31, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article XI-B. Voting Apparatus Bonds (Refs & Annos)
Effective: October 31, 2019
25 P.S. § 3035.12
§ 3035.12. Reimbursement of county voting apparatus expenses
(a) Application.--A county may apply to the department to receive funding to replace the county's voting apparatuses or to reimburse the county's cost to purchase or lease by capital lease voting apparatuses. Each county shall submit an application for funding on a form containing information and documentation prescribed by the department no later than July 1, 2020.
(b) Documentation for prior purchase or lease.--If a county seeks reimbursement of the county's cost to purchase or lease by capital lease a voting apparatus that the county purchased or leased before the date that the county submits its application to the department, the county's application shall include documentation prescribed by the department to substantiate the county's cost to purchase or lease the voting apparatus, including copies of fully executed voting apparatus contracts, invoices and proof of payment to the vendor of the voting apparatus.
(c) Documentation for subsequent purchase or lease.--If a county seeks funding to purchase or lease by capital lease a voting apparatus that the county will purchase or lease after the date that the county submits its application to the department, the county's application shall include documentation prescribed by the department to substantiate the county's estimate to purchase or lease the voting apparatus, including copies of fully executed voting apparatus contracts, bids or price quotes submitted to the county by voting apparatus vendors and other price estimates or cost proposals.
(d) Review.--The department shall review each county application on a rolling basis and shall either approve or deny each county's application within 90 days of the date the application is received by the department. A county may supplement or amend submitted applications during the 90-day review period in consultation with the department.
(e) Approval for prior purchase or lease.--If the department approves a county's application submitted under subsection (b), the department and the county shall enter into a written grant agreement through which the department shall reimburse the county at the amount determined under subsection (g).
(f) Approval for subsequent purchase or lease.--If the department approves a county's application under subsection (c), the department and the county shall enter into a written grant agreement through which the department will provide funding to reimburse the county's cost to purchase or lease a voting apparatus at the amount determined under subsection (g). The county shall hold the grant money in an account of the county that is separate from each other county account. The county shall deliver quarterly reports to the department of the voting apparatus costs paid from the grant money in a form prescribed by the department. The county shall return any unspent grant money to the department within 30 days of the expiration of the grant agreement.
(g) Payments.--
(1) A county shall only receive amounts under this section to the extent that the department has bond proceeds available in the account from which to make payments.
(2) Except as provided under paragraph (3), a county which submitted an application approved under subsection (e) or (f) shall receive 60% of the total amount submitted under subsection (b) or (c) which may be reimbursed or paid.
(3) If the total amount submitted by all counties under paragraph (2) exceeds the total amount available for reimbursement or payment, a county shall receive a portion of the amount available equal to the total amount submitted by the county under subsection (b) or (c) which may be reimbursed or paid, divided by the total amount submitted by all counties under subsection (b) or (c) which may be reimbursed or paid.
(4) If any bond proceeds remain after the department has issued all reimbursements in accordance with paragraphs (1), (2) and (3), the department may utilize the remaining balance for grants for counties for the purchase and distribution to the counties of election security equipment. The department shall provide notice to each county no later than 30 days prior to receiving applications for grants under this paragraph.
(h) Certification.--A county shall only receive the reimbursement or funding under this article after making a certification to the department, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, the chair and minority chair of the Appropriations Committee of the Senate, the chair and minority chair of the Appropriations Committee of the House of Representatives, the chair and minority chair of the State Government Committee of the Senate and the chair and minority chair of the State Government Committee of the House of Representatives that the county has completed a program under 25 Pa.C.S. § 1901(b)(1) (relating to removal of electors) and mailed notices required under 25 Pa.C.S. § 1901(b)(3) within the prior 12 months. The certification shall include information on whether the county has undertaken a canvass under 25 Pa.C.S. § 1901(b)(2).
(i) Department application.--The department shall apply to the authority for funding under section 1102-B1 only if the department has approved county applications under this article which total at least $50,000,000.

Credits

1937, June 3, P.L. 1333, No. 320, art. XI-B, § 1112-B, added 2019, Oct. 31, P.L. 552, No. 77, § 3.1, imd. effective.

Footnotes

25 P.S. § 3035.2.
25 P.S. § 3035.12, PA ST 25 P.S. § 3035.12
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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