HB2542: In returns of primaries and elections, further providing for appeals to court from decisions of th…

PRINTER'S NO. 3448 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 2542 Session of 2026 INTRODUCED BY ORTITAY, SANCHEZ AND VENKAT, MAY 27, 2026 REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 27, 2026 AN ACT Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests; creating and defining membership of county boards of elections; imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners; imposing penalties for violation of the act, and codifying, revising and consolidating the laws relating thereto; and repealing certain acts and parts of acts relating to elections," in returns of primaries and elections, further providing for appeals to court from decisions of the county board and for Secretary of the Commonwealth to tabulate, compute and canvass returns; and, in recounts and contests, further providing for entry and effect of decision and providing for appeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 1407 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, is amended by adding a subsection to read: Section 1407. Appeals to Court from Decisions of the County Board.-- * * * (c) The court on an appeal shall proceed without delay to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hear the appeal, shall give the appeal precedence over other business before it and shall finally determine the appeal as expeditiously as possible but no later than seven days after the date the appeal was filed. Section 2. Sections 1409 and 1732 of the act are amended to read: Section 1409. Secretary of the Commonwealth to Tabulate, Compute and Canvass Returns.--(a) Upon receiving the certified returns of any primary [or election] from the various county boards, the Secretary of the Commonwealth shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates enumerated in section 1408, and upon all questions voted for by the electors of the State at large, and shall thereupon certify and file in his office the tabulation thereof. (b) Upon receiving the certified returns of any general, municipal or special election from the various county boards, the Secretary of the Commonwealth shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates enumerated in section 1408, and upon all questions voted for by the electors of the State at large, and shall thereupon certify and file in his office the tabulation thereof no later than the fifth Tuesday after election day. (c) (1) If the Secretary of the Commonwealth has reason to believe that the tabulation under subsection (b) will not be certified and filed by the time specified, the Secretary of the Commonwealth shall, no later than seven days before the fifth Tuesday after election day, provide a notice to the following: (i) The President pro tempore of the Senate. (ii) The Speaker of the House of Representatives. (iii) The chairperson and minority chairperson of the State 20260HB2542PN3448 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Government Committee of the Senate. (iv) The chairperson and minority chairperson of the State Government Committee of the House of Representatives. (2) The notice under clause (1) shall include detailed information regarding the concerns and potential barriers to timely certification. Section 1732. Entry and Effect of Decision.--After the hearing of the said case, the said judges shall, [without unnecessary delay] as expeditiously as possible but no later than seven (7) days after the petition's filing, decide which of the candidates voted for received the greatest number of legal votes, and is entitled to the nomination or office which decision shall be entered of record to the case in the said court, and a certified copy thereof shall, within five (5) days from the rendering thereof, be delivered to the Secretary of the Commonwealth, whereupon the person who, by the decision of the court, shall appear to have received the largest number of votes, shall be entitled to the nomination or to the office, and be commissioned accordingly. Section 3. The act is amended by adding a section to read: Section 1733. Appeal.--A party aggrieved by the judge's decision under section 1732 may appeal the decision to the Supreme Court within one (1) day of the rendering of the decision. The Supreme Court, within six (6) days of the appeal's filing, but no later than seven (7) days before the date for the meeting of presidential electors specified under 3 U.S.C. § 7 (relating to meeting and vote of electors), whichever is earlier, shall issue its determination of the appeal. Section 4. This act shall take effect immediately. 20260HB2542PN3448 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29