PRINTER'S NO. 2472
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1937
Session of
2024
INTRODUCED BY BRENNAN, FREEMAN, SANCHEZ, MADDEN, KINSEY,
SCHLOSSBERG, HADDOCK AND CEPEDA-FREYTIZ, JANUARY 2, 2024
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 2, 2024
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in voter registration, further providing for
residence of electors; and, in uniform military and overseas
voters, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302(a)(1) and (b) of Title 25 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1302. Residence of electors.
(a) General rule.--
(1) For the purpose of registration and voting, no
individual shall be deemed to have gained a residence by
reason of presence or lost a residence by reason of absence
in any of the following circumstances:
(i) Being employed in the service, either civil or
military, of this Commonwealth or of the United States.
(ii) Being engaged in the navigation of the waters
of this Commonwealth or of the United States or on the
high seas.
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(iii) Being in an institution at public expense.
This subparagraph does not apply to a veteran who resides
in a home for disabled and indigent soldiers and sailors
maintained by the Commonwealth. Such a veteran may elect
to utilize that residence for registration and voting or
elect to vote as an absentee elector by the use of an
absentee ballot.
(iv) Being born outside of the United States and
meeting the definition of "overseas voter" under section
3502 (relating to definitions).
* * *
(b) Rules for determination.--The following apply:
(1) That the place shall be considered the residence of
an individual in which habitation is fixed and to which,
whenever the individual is absent, the individual has the
intention of returning.
(2) An individual shall not be considered to have lost
residence if the individual leaves home and goes into another
state or another election district for temporary purposes
only, with the intention of returning.
(3) An individual shall not be considered to have gained
a residence in an election district if the individual comes
into that district for temporary purposes only, without the
intention of making that election district a permanent place
of abode.
(4) If an individual removes to another state with the
intention of making that state the permanent residence, the
individual shall be considered to have lost residence in this
Commonwealth.
(5) If an individual removes to another state with the
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intention of remaining there an indefinite time and making
that state the place of residence, the individual shall be
considered to have lost residence in this Commonwealth,
notwithstanding an intention to return at some indefinite
future period.
(6) If an individual goes into another state and, while
there, votes in an election held by that state, the
individual shall be considered to have lost residence in this
Commonwealth.
(7) An individual employed in the service of the Federal
Government or of the Commonwealth and required thereby to be
absent from the municipality where the individual resided
when entering that employment and the spouse of the
individual may remain registered in the district where the
individual resided immediately prior to entering that
employment, and the individual and the spouse shall be
enrolled in the political party designated by the individual
or spouse without declaring a residence by street and number.
(i) An individual who registers under this paragraph
for Commonwealth employment must produce a certificate
from the head of the State agency, under the seal of
office, setting forth that the individual or the
individual's spouse is actually employed in the service
of the Commonwealth and setting forth the nature of the
employment and the time when the employee first entered
the employment. The commission shall retain certificates
under this subparagraph.
(ii) The commission shall note on the registration
record of each individual registered under this paragraph
the fact of Federal or State employment.
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(iii) At least once every two years the commission
shall verify the employment of the individuals registered
under this paragraph at the proper Federal or State
office. If an individual is found to be no longer a
Federal or State employee, the individual's registration
shall be canceled under Chapter 15 (relating to changes
in records).
(8) If an individual was born outside of the United
States and meets the definition of "overseas voter" under
section 3502, the place where the individual's parent or
guardian last domiciled immediately before leaving the United
States shall be considered the election district of the
individual.
Section 2. The definition of "overseas voter" in section
3502 of Title 25 is amended to read:
§ 3502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Overseas voter." A qualified elector who is outside the
United States. The term includes a citizen of the United States
residing abroad who:
(1) was born outside of the United States;
(2) is not registered to vote in another state;
(3) has not previously voted in another state;
(4) except for the residency requirement under section
1301 (relating to qualifications to register), otherwise
satisfies the voter eligibility requirements of this
Commonwealth; and
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(5) has a parent or legal guardian who last domiciled in
this Commonwealth immediately before leaving the United
States.
* * *
Section 3. This act shall take effect in 60 days.
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