HARRISBURG: Governor Edward G. Rendell today signed Senate Bill 346 into law, authorizing an automatic recount in Pennsylvania elections where the results are within one half of a percent for the offices of President, Governor, Lieutenant Governor, Attorney General, Auditor General, Treasurer, statewide judicial races and statewide ballot questions.
“A person’s vote is one of the most fundamental, cherished and valuable principles in the democratic process,” Governor Rendell said. “This measure protects the voting rights of all Pennsylvanians and ensures that every vote is counted equally to prevent anyone from being disenfranchised. It maintains the integrity of our voting system and provides the most accurate election results to determine a clear-cut winner throughout the Commonwealth.”
The bill, approved with overwhelming bipartisan support by the state’s General Assembly, authorizes the Secretary of the Commonwealth to order each county election board to recount all ballots cast in a specific race in the event that results are within 0.5 percent between the winning and losing candidate.
In the event a recount is necessary, it will be ordered no later than 5 p.m. of the second Thursday following Election Day. The actual recount will be held no later than the third Wednesday following Election Day and must be completed by noon on the following Tuesday. Under the new law, if an automatic recount is ordered, the Commonwealth will pay the fee for the recount to the counties.
In addition to the automatic recount, candidates in statewide offices can seek a recount on their own when they have lost by more than 0.5 percent and candidates in non-statewide races may still file for recounts as before. However, in order to ensure that all people have their vote counted equally, a candidate will have to seek a recount of all votes cast unless the candidate can claim that a particular act of fraud or a mistake occurred. In instances where a specific allegation can be made, a total recount is not necessary, and a recount may be sought only where the irregularity allegedly took place.
Governor Rendell added that a candidate may challenge the results of a recount. In races involved in the automatic recount, the challenge would be in Commonwealth Court, but in most recount cases, challenges to recounts would be made in a county’s Court of Common Pleas.
Other provisions in the new law include changes involving the appointment of watchers, duties of minority inspectors, signed affidavit requirements, procedures for provisional ballots and penalties for judges of elections.
