PRINTER'S NO. 2177
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1771
Session of
2023
INTRODUCED BY PIELLI, MADDEN, WEBSTER, D. WILLIAMS, SCHLOSSBERG,
CERRATO, KINSEY, PROBST, VENKAT, BRENNAN, HILL-EVANS, GIRAL,
BOROWSKI, KHAN, KAZEEM, DELLOSO, SANCHEZ, HADDOCK, DONAHUE,
STURLA, CEPEDA-FREYTIZ, SHUSTERMAN, WARREN, KRAJEWSKI AND
GREEN, OCTOBER 19, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 19, 2023
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; in registration system, further providing for
departmental responsibilities; in voter registration, further
providing for methods of voter registration and for
application with driver's license application, providing for
automatic voter registration and for time and further
providing for preparation and distribution of applications
and for approval of registration applications; and making a
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102 of Title 25 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 1102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Applicable transaction."
(1) A transaction involving a qualified elector at the
following:
(i) The Department of Transportation, relating to an
initial application for a driver's license or the renewal
of a driver's license.
(ii) The COMPASS website or a county assistance
office, relating to an initial application submitted for
a federally funded or State-funded public assistance
program or an application for a recertification, renewal
or change of name or address relating to a federally
funded or State-funded public assistance program
administered by the United States Department of Health
and Human Services or the Department of Human Services.
(iii) An automatic voter registration agency,
relating to an initial or renewal application for
participation in a program or access to a benefit or
service administered by an automatic voter registration
agency or for the issuance or renewal of a license,
permit, registration, certificate or other authorization
issued by an automatic voter registration agency.
(2) A transaction for participation in a program or
access to a benefit or service administered by an automatic
voter registration agency or for a license, permit,
certificate or other authorization issued by an automatic
voter registration agency, which is completed by a qualified
voter.
* * *
"Automatic voter registration." The process by which an
individual can automatically apply to register to vote through
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the system as part of an applicable transaction with or at an
automatic voter registration agency.
"Automatic voter registration agency." The term includes any
of the following:
(1) The Department of Aging.
(2) The Department of Health.
(3) The Department of Human Services.
(4) The Insurance Department.
(5) The Department of Labor and Industry.
(6) The Department of Revenue.
(7) The Department of State.
(8) The Department of Transportation.
(9) The Pennsylvania Fish and Boat Commission.
(10) The Pennsylvania Game Commission.
(11) Any other department, board, commission, agency or
office of the executive branch that approves participation in
a program or access to a benefit or service administered by
the department, board, commission, agency or office of the
executive branch or that issues a license, permit,
registration, certificate or other authorization in
accordance with applicable law or regulation.
* * *
"System." The automatic voter registration system
established under section 1325.1 (relating to automatic voter
registration).
Section 2. Sections 1201, 1321 and 1323(a)(3) and (b)(1) and
(3) of Title 25 are amended to read:
§ 1201. Departmental responsibilities.
The department shall do all of the following:
(1) Provide for applicants to submit their voter
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registration application to a commission, the Department of
Transportation and other agencies designated in section 1325
(relating to government agencies).
(2) Prescribe a procedure and schedule for the return of
completed voter registration applications from the Department
of Transportation, the Department of [Public Welfare] Human
Services, armed forces recruitment centers, Offices of the
Clerk of Orphan's Court, automatic voter registration
agencies and all other offices authorized under this part to
the secretary or the appropriate commission.
(3) Develop, establish, implement and administer a
Statewide Uniform Registry of Electors in accordance with
Subchapter B (relating to Statewide Uniform Registry of
Electors (SURE)).
(4) Promulgate regulations necessary to administer this
part.
(5) Administer and enforce the provisions of section
1325.1 (relating to automatic voter registration).
§ 1321. Methods of voter registration.
(a) Registration methods.--An individual qualified to
register to vote under section 1301(a) (relating to
qualifications to register) may apply to register as follows:
(1) Under section 1322 (relating to in-person voter
registration).
(2) Under section 1323 (relating to application with
driver's license application).
(3) Under section 1324 (relating to application by
mail).
(4) Under section 1325 (relating to government
agencies).
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(5) Under section 1325.1 (relating to automatic voter
registration).
(b) Automatic voter registration.--An individual who is
qualified to register to vote under section 1301(a) and who
engages in an applicable transaction with an automatic voter
registration agency shall be registered through the system as
provided under section 1325.1, unless the individual chooses not
to register through automatic voter registration.
§ 1323. Application with driver's license application.
(a) General rule.--
* * *
(3) [Any] Notwithstanding paragraphs (1) and (2), a
change of address submitted to the Department of
Transportation for the purposes of driver licensing under 75
Pa.C.S. Ch. 15 (relating to licensing of drivers) or an
identification card under 75 Pa.C.S. § 1510 shall serve as
notification of change of address for voter registration for
the registrant involved unless the registrant indicates that
the change of address is not for voter registration purposes.
(b) Process.--
(1) The Department of Transportation shall:
(i) provide for an application for voter
registration as part of a driver's license
application[.];
(ii) provide for an application for automatic voter
registration under section 1325.1 (relating to automatic
voter registration); and
(iii) collect voter registration information as part
of an application submitted under 75 Pa.C.S. § 1510 and
75 Pa.C.S. Ch. 15 by an individual who meets the
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qualifications to register to vote under section 1301(a)
(relating to qualifications to register).
* * *
(3) The voter registration application portion of the
application shall contain all the requirements of an official
voter registration application specified in section 1327
(relating to preparation and distribution of applications).
The voter registration portion of the application:
(i) may not require any information that duplicates
information required in the driver's license portion of
the form, other than a second signature; [and]
(ii) may require only the minimum amount of
information necessary to prevent duplicate voter
registration, to enable the commission to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process[.];
and
(iii) shall inform the individual that if no
political party enrollment is selected, the individual
will be designated as not affiliated with a political
party and will be unable to vote in a primary election.
* * *
Section 3. Title 25 is amended by adding sections to read:
§ 1325.1. Automatic voter registration.
(a) Establishment.--The department shall establish a system
or utilize an existing system to provide for automatic voter
registration of a qualified elector who engages in an applicable
transaction with an automatic voter registration agency.
(b) Duties of the department.--The department shall:
(1) Administer the system.
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(2) Ensure that the system is configured to
electronically transmit the voter registration information of
each qualified elector who registers to vote under this
section during an applicable transaction directly to the
department within five days of the applicable transaction in
a form and manner prescribed by the secretary in consultation
with the automatic voter registration agency.
(3) Notwithstanding section 1325 (relating to government
agencies), enter into cooperative agreements with each
automatic voter registration agency. Each cooperative
agreement shall:
(i) Provide that each automatic voter registration
agency establish a page on its publicly accessible
Internet website through which a qualified elector who
engages in an applicable transaction may automatically
register to vote.
(ii) Provide that the department conduct appropriate
training of automatic voter registration agency staff.
(iii) Provide all forms, material and equipment
necessary to carry out automatic voter registration
activities.
(iv) Stipulate that the department have oversight
responsibility to ensure proper compliance with
applicable Federal and State law.
(v) Provide that each automatic voter registration
agency report any known barriers or impediments to
implementation of the system to the secretary and to the
appropriate standing committees of the General Assembly.
(4) Develop or approve for use an official voter
registration application to be used by each automatic voter
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registration agency to facilitate automatic voter
registration in accordance with this section. The secretary
may authorize the use of the voter registration application
form developed by the Department of Transportation under
section 1323 (relating to application with driver's license
application).
(5) Prescribe procedures and applicable schedules to
govern the transmittal of registration records to the
department by automatic voter registration agencies. Each
registration record shall provide the legal name, age, home
address and citizenship status for, and the signature of,
each individual who certifies that the individual is a
citizen of the United States. An individual who submits
information under this section or any other information
required under this chapter shall be subject to penalties
under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
(6) Ensure that each individual whose registration
record is transmitted to the department through the system is
transmitted to the appropriate commission.
(7) Prescribe procedures to ensure that information
contained in a registration record, including information
relating to the decision of an applicant to decline automatic
voter registration, will not be used for any purpose other
than the maintenance of registration statistics, election
administration or prosecution of criminal violations of
election laws or laws of this Commonwealth relating to
perjury and false swearing under 18 Pa.C.S. (relating to
crimes and offenses).
(c) System requirements.--The system shall:
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(1) Inform an applicant that the applicant will be
registered to vote under this section or will have a voter
registration record updated, if applicable, unless the
applicant declines to register to vote or update the voter
registration record under this section. If an applicant is
not a qualified elector, the system shall inform the
applicant:
(i) Of the qualifications to register to vote under
section 1301 (relating to qualifications to register).
(ii) That the applicant may only register to vote
under this section if the applicant meets all of the
qualifications required under section 1301.
(iii) Of the penalties for the submission of false
information in an official voter registration
application.
(2) Inform the applicant that voter registration under
this section is voluntary and that neither registering nor
declining to register to vote or failing or refusing to
provide information required to apply to register to vote
under this section will not affect:
(i) an individual's eligibility for a benefit or
service;
(ii) the validity or status of an employment or
program application; or
(iii) eligibility for any financial assistance,
compensation, benefit or service available as
administered by the automatic voter registration agency,
including eligibility for the issuance or renewal of a
license, permit, certification, registration or any other
authorization issued by the automatic voter registration
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agency.
(3) Require the signature of the applicant to attest
that the information provided by the applicant is true and
that the applicant meets all the qualifications to register
to vote under section 1301, subject to the penalties under 18
Pa.C.S. § 4904.
(4) Not require any information that duplicates the
information required to complete an applicable transaction.
(5) Require only the minimum amount of information
necessary for both an applicable transaction and to register
to vote under this section in order to:
(i) Prevent duplication of voter registration.
(ii) Enable the appropriate commission to review the
eligibility of applicants.
(iii) Enable the appropriate commission to
administer voter registration and other aspects of the
election process.
(6) Inform each applicant that if the applicant does not
enroll with a political party, the applicant will be
designated as not enrolled with a political party and will be
unable to vote in a primary election.
(d) Employee and agent prohibitions.--
(1) An employee or agent of an automatic voter
registration agency or any other individual who is
responsible for carrying out the requirements of this section
may not:
(i) Seek to influence an applicant's political party
enrollment.
(ii) Voice or display any political party preference
or allegiance.
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(iii) Make any statements or take any actions with
the purpose or effect of discouraging the applicant from
providing voter registration information.
(iv) Make any statement or take any action which may
cause an applicant to believe or which is designed to
make an applicant believe or otherwise assume that the
decision to register or decline to register to vote or
fail or refuse to provide information required to
register to vote under this section will affect:
(A) the applicant's eligibility for a benefit or
service;
(B) the validity or status of an employment or
program application; or
(C) eligibility for any financial assistance,
compensation, benefit or service administered by the
automatic voter registration agency, including
eligibility for the issuance or renewal of a license,
permit, certification, registration or any other
authorization issued by the automatic voter
registration agency in accordance with law or
regulation.
(2) An employee or agent of an automatic voter
registration agency who fails to collect voter registration
information from an individual who volunteers to register to
vote under this section or who fails to transmit a
registration record to the department may, at the discretion
of the automatic voter registration agency, be subject to
disciplinary action, including termination or suspension from
employment without pay.
(e) Posting requirements.--An automatic voter registration
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agency shall provide reasonable space for nonpartisan signs or
posters advising individuals of automatic voter registration.
The department may provide the signs and posters.
(f) Transmission.--
(1) An automatic voter registration agency shall forward
registration records, including the signatures of
individuals, to the department.
(2) Upon receipt of a registration record from an
automatic voter registration agency under paragraph (1), the
department shall transmit the registration record to the
appropriate commission.
(3) Upon receipt of the registration record from the
department under paragraph (2), the appropriate commission
shall notify the individual of the process to:
(i) Decline automatic voter registration under this
section.
(ii) Select a political party enrollment, along with
information as to which elections require a political
party enrollment for participation.
(4) The individual's registration record submitted under
paragraph (1) shall constitute a completed registration
record for purposes of this section. The individual shall be
registered to vote if the appropriate commission processes
the individual's registration record under section 1328(b)(3)
and (c) (relating to approval of registration applications).
(5) A commission may not send a ballot to or add to an
elector registration list an individual who does not have a
processed registration record under paragraph (4).
(g) Confidentiality.--The automatic voter registration
agency through which a qualified elector is registered under
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this section shall not be considered a public record and shall
not be subject to public disclosure.
(h) Use of information.--Information relating to voter
registration collected in accordance with this section,
including an individual's citizenship status or information
relating to an individual's decision to decline to register to
vote under this section may not be used for any purpose other
than the maintenance of registration statistics, election
administration or prosecution of criminal violations of election
laws or laws of this Commonwealth relating to perjury and false
swearing under 18 Pa.C.S.
(i) Regulation.--The secretary shall promulgate regulations
to administer the provisions of this section.
§ 1326.1. Time.
In the administration of voter registration, each commission
shall ensure that an applicant who is a qualified elector is
registered to vote in an election when the applicant has met any
of the following conditions:
(1) In the case of voter registration with a motor
vehicle driver's license application under section 1323
(relating to application with driver's license application)
or automatic voter registration under section 1325.1
(relating to automatic voter registration), if the valid
voter registration application is submitted to the
appropriate Department of Transportation office or if the
valid voter registration application is received by the
department not later than 15 days before the date of the
election.
(2) In the case of voter registration at a voter
registration agency under section 1325 (relating to
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government agencies) or automatic voter registration at an
automatic voter registration agency under section 1325.1, if
the valid voter registration application is accepted at the
voter registration agency or if the valid voter registration
application is received by the department under section
1325.1 not later than 15 days before the date of the
election.
(3) In the case of a special election within a
congressional, senatorial or representative district held on
a day other than the day of a primary, general or municipal
election, the registration application forms shall not be
processed in the wards and election districts comprising the
district for the 15 days prior to the special election for
such election.
Section 4. Sections 1327(a) and (b) and 1328(b)(3)(i), (4)
(i) and (5)(i) of Title 25 are amended to read:
§ 1327. Preparation and distribution of applications.
(a) Form.--
(1) The secretary shall prescribe the form of an
official voter registration application. The official voter
registration application shall provide space for the
following information about the applicant:
(i) Full name.
(ii) Address of residence. If the residence is a
portion only of the house, the location or number of the
room, apartment or floor which is occupied.
(iii) Mailing address if different than address of
residence.
(iv) Name and residence address on previous
registration and the year of that registration.
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(v) Designation of political party, for the purpose
of voting at a primary election.
(vi) Date of birth.
(vii) Telephone number. An application shall not be
rejected because of noncompliance with this subparagraph.
(viii) Race. An application shall not be rejected
because of noncompliance with this subparagraph.
(ix) An email address. An official voter
registration application shall not be rejected due to the
applicant's failure to provide an email address.
(2) Data required on the voter registration application
shall not be more nor less than the minimum data elements
permissible for Federal voter registration.
(3) Any person who assists in the completion of the
registration application shall sign the application and
indicate the person's address. In the case of those
registering under sections 1323 (relating to application with
driver's license application) and 1325 (relating to
government agencies) or section 1325.1 (relating to automatic
voter registration), the person providing assistance shall
insert the person's initials or employee or agent
identification number on a separate or detachable portion of
the application or computer data file.
(4) A voter registration application shall be printed on
stock of good quality and shall be of suitable uniform size.
Nothing in this part shall prohibit the design and use of an
electronic voter registration application which includes the
applicant's digitized or electronic signature. The
registration application shall contain the following
information; however, the information may be provided on a
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separate form for voter registration made under section 1323
[or], 1325 or 1325.1:
(i) Notice that a registered elector does not need
to reregister unless the registered elector has moved.
(ii) Instructions on how to fill out and submit the
application and notification of when the application must
be submitted to a voter registration office in order to
be registered for the ensuing election.
(iii) Notice that the applicant must be a citizen of
the United States for at least one month prior to the
next election and a resident of this Commonwealth and the
election district for at least 30 days and must be at
least 18 years of age by the day of the next ensuing
election and has not been confined in a penal institution
for a conviction of a felony within the last five years.
The notice required in this subparagraph shall be in
print identical to the declaration under subsection (b).
(iv) Notice that political party enrollment is
mandatory to vote in a primary election of a political
party.
(v) [Notice] For a paper application, notice that
the commission will mail by nonforwardable mail to the
applicant a voter's identification card upon acceptance
of the application and that the applicant should contact
the commission if the identification card is not received
within 14 days from the date the application is sent to
the registration office.
(v.1) For automatic voter registration under section
1325.1, notice that the appropriate commission will
notify the individual by nonforwardable mail or, if an
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email address was provided, by email, of the
registration, and that if the individual was
inadvertently registered to vote through an automatic
voter registration agency after declining to register to
vote, the department shall correct the error and notify
the appropriate commission that the individual shall not
be considered to have become registered to vote under
section 1325.1.
(vi) Notice that registration is not complete until
the application is processed and accepted by the
commission.
(vii) A warning to the applicant that making a false
registration or furnishing false information is perjury.
The notice required in this subparagraph shall be in
print identical to the declaration under subsection (b).
(viii) Instructions to Federal or State employees
who wish to retain voting residence in county of last
residence to so indicate on the application.
(ix) Notice that, if an individual declines to
register to vote, the fact that the individual has
declined to register will remain confidential and will be
used only for voter registration purposes. The notice
required in this subparagraph shall be in print identical
to the declaration under subsection (b).
(x) Notice that, if an individual does register to
vote, the [office] commission or automatic voter
registration agency at which the individual submits a
voter registration application will remain confidential
and will be used for voter registration purposes only.
The notices required in this subparagraph shall be in
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print or in the system identical to the declaration in
subsection (b).
(5) In jurisdictions where there is a single language
minority, the secretary may print a bilingual application.
(6) In jurisdictions where a single language minority
exceeds 5% of the population, the secretary shall:
(i) print a bilingual application; and
(ii) conduct a public educational program among that
language group alerting both organizations and
individuals of that group of the availability of the
bilingual application and encouraging individuals to
register to vote.
(7) To implement section 1324 (relating to application
by mail), the secretary shall print an official voter
registration mail application designed to preserve the
confidentiality of the information required to be submitted.
The application shall contain information required by this
section and shall include the name of each county seat, its
post office mailing address and zip code and its telephone
number. Voter registration mail applications shall contain
information indicating whether the application is a new
registration, change of party enrollment, change of address
or change of name.
(8) Nothing in this part shall prohibit a private
organization or individual from printing blank voter
registration applications or shall prohibit the use of such
applications by any other individual, provided that the form,
content and paper quality of such voter registration
application complies with department regulations for the
forms or has received prior approval from the secretary.
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(b) Registration declaration.--
(1) The official voter registration application shall
contain a registration declaration. On the declaration, the
applicant shall state all of the following:
(i) The applicant has been a citizen of the United
States for at least one month prior to the next election.
(ii) On the day of the next ensuing election, the
applicant shall be at least 18 years of age.
(iii) On the day of the next ensuing election, the
applicant shall have resided in this Commonwealth and in
the election district for at least 30 days.
(iv) The applicant has not been confined in a penal
institution for a conviction of a felony within the last
five years.
(v) The applicant is legally qualified to vote.
(2) The applicant shall affirm all of the following:
(i) The information provided in the registration
declaration is true.
(ii) The applicant understands that:
(A) the registration declaration will be
accepted for all purposes as the equivalent of an
affidavit; and
(B) if the registration contains a material
false statement, the applicant shall be subject to
penalties [for perjury] under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities).
(3) The registration declaration shall contain the
printed name and signature of the applicant and the date of
signing. An applicant unable to sign the voter registration
application shall make a mark before a person of the
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applicant's choice other than the applicant's employer or an
agent of the applicant's union. The person shall insert the
person's name, address and telephone number. If the person is
an employee or agent of the Department of Transportation or
another agency as provided under section 1325 and is
assisting the applicant in an official capacity, the employee
or agent shall insert the initials and identification number
of the employee or agent. In the case of applicants
registering under section 1323 [or], 1325 or 1325.1, the
person providing assistance shall insert initials or employee
or agent identification number on a separate or detachable
portion of the application or computer data file.
(4) The official registration application shall contain
a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
notice shall advise the applicant that if a person signs an
official registration application knowing a statement
declared in the application to be false, the person commits
perjury. The notice shall specify the penalty for perjury.
* * *
§ 1328. Approval of registration applications.
* * *
(b) Decision.--A commission shall do one of the following:
* * *
(3) Process a voter registration application in
accordance with subsection (c) if the commission finds during
its examination under subsection (a) all of the following:
(i) The application requests registration as a
registered elector.
* * *
(4) Process a voter registration application in
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accordance with subsection (c) and update its registration
records if the commission finds during its examination under
subsection (a) all of the following:
(i) The application requests registration as a
registered elector.
* * *
(5) Process a voter registration application in
accordance with subsection (c) and request transfer of
registration records in accordance with subsection (d) if the
commission finds during its examination under subsection (a)
all of the following:
(i) The application requests registration as
registered elector.
* * *
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 25
Pa.C.S. § 1326.1.
(2) Section 1231 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is
repealed.
Section 6. This act shall take effect January 1, 2025.
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