PRINTER'S NO. 2263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1827
Session of
2023
INTRODUCED BY RABB, CEPEDA-FREYTIZ, HILL-EVANS, MAYES, VENKAT,
PROBST, MADDEN, SANCHEZ, CIRESI, DALEY, KRAJEWSKI AND
CERRATO, NOVEMBER 8, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 8, 2023
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in preliminary provisions relating to voter
registration, further providing for definitions; in
registration system, further providing for SURE system; in
voter registration, further providing for qualifications to
register, for methods of voter registration, for application
with driver's license application and for government
agencies, providing for same-day voter registration and for
preregistration data entry and further providing for
preparation and distribution of applications; in changes in
records, further providing for death of registrant; in voting
procedures, providing for prohibition of rejecting ballots
based solely on signature analysis; making a repeal; and
making editorial changes.
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
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section unless the context clearly indicates otherwise:
* * *
"Preregistrant." An individual who is at least 16 years of
age but less than 18 years of age and who is otherwise eligible
to register to vote in accordance with this part.
"Preregistration." A process in which a preregistrant
submits the information necessary for voter registration and
inclusion into the SURE system in accordance with this part
prior to the time at which the preregistrant is eligible to
actively register to vote under section 1301 (relating to
qualifications to register).
* * *
Section 2. Section 1222(c) of Title 25 is amended by adding
paragraphs to read:
§ 1222. SURE system.
* * *
(c) Requirements.--The SURE system shall be developed as a
single, uniform integrated computer system. All commissions
shall be connected electronically to the SURE system and shall
maintain their registration records in the system. The SURE
system shall, at a minimum, do all of the following:
* * *
(22) Contain a code to enable identification and
tracking of preregistration status.
(23) Automatically activate the registration of a
preregistrant no later than the 18th birthday of the
preregistrant.
* * *
Section 3. Section 1301(a) of Title 25 is amended and the
section is amended by adding a subsection to read:
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§ 1301. Qualifications to register.
(a) Eligibility.--[An individual who] Except as provided in
subsection (a.1)(1), an individual shall be eligible to register
to vote as provided in this chapter if the individual:
(1) will be at least 18 years of age on the day of the
next election[, who];
(2) has been a citizen of the United States for at least
one month prior to the next election and [who] has resided in
this Commonwealth and the election district where the
individual offers to vote for at least 30 days prior to the
next ensuing election [and]; and
(3) has not been confined in a penal institution for a
conviction of a felony within the last five years [shall be
eligible to register as provided in this chapter].
(a.1) Preregistration.--
(1) Notwithstanding subsection (a)(1), a preregistrant
may preregister to vote in an election, but the preregistrant
may not vote in the election before reaching 18 years of age.
(2) Within 90 days of the effective date of this
paragraph, the department shall provide guidance to assist
commissions in implementing preregistration.
* * *
Section 4. Sections 1321, 1323 heading, (a) and (b) and
1325(b)(4) of Title 25 are amended to read:
§ 1321. Methods of voter registration.
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).
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(2) Under section 1323 (relating to application with
driver's license or identification card application).
(3) Under section 1324 (relating to application by
mail).
(4) Under section 1325 (relating to government
agencies).
(5) Under section 1325.1 (relating to same-day voter
registration).
§ 1323. Application with driver's license or identification
card application.
(a) General rule.--
(1) [The Department of Transportation shall provide for
simultaneous application for voter registration in] In
conjunction with the process under 75 Pa.C.S. § 1510
(relating to issuance and content of driver's license)[.],
the Department of Transportation shall provide for
simultaneous application for voter registration and shall
notify a preregistrant of the preregistrant's ability to
preregister to vote. An application under this subsection
shall serve as an application to register to vote unless the
applicant fails to sign the voter registration application.
The secretary has the primary responsibility for implementing
and enforcing the driver's license and identification card
voter registration system created under this section. The
secretary, in consultation with the Secretary of
Transportation, may promulgate regulations for implementing
this section.
(2) An application for voter registration submitted to
the Department of Transportation under this subsection shall
be considered as updating any previous voter registration
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information by a registrant.
(3) Any change of address submitted to the Department of
Transportation for the purposes of driver licensing or
issuance of an identification card 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] As part of a driver's license application or
an identification card application, the Department of
Transportation shall provide for an application for voter
registration [as part of a driver's license application.] and
shall notify a preregistrant of the preregistrant's ability
to preregister to vote.
(2) The format of the [driver's license/voter
registration] driver's license, identification card and voter
registration application shall be determined and prescribed
by the secretary and the Secretary of Transportation.
(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 or
identification card 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
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eligibility of the applicant and to administer voter
registration and other parts of the election process.
* * *
§ 1325. Government agencies.
* * *
(b) Forms.--An agency designated in subsection (a) shall
provide a form for office visits or, if the agency provides
services to persons with disabilities, for home visits which
contains all of the following:
* * *
(4) The statement "In order to be qualified to register
to vote, you must be at least 18 years of age on the day of
the next election, you must have been a citizen of the United
States for at least one month prior to the next election and
have resided in Pennsylvania and the election district where
you plan to vote for at least 30 days prior to the next
election, and you must not have been confined in a penal
institution for a conviction of a felony within the last five
[years."] years. You may preregister to vote if you are at
least 16 years of age, but you may not vote in an election
until you reach 18 years of age."
* * *
Section 5. Title 25 is amended by adding sections to read:
§ 1325.1. Same-day voter registration.
(a) Authorization.--A qualified elector may register on
election day by:
(1) Appearing in person at the polling place for the
electoral district in which the individual resides.
(2) Completing and submitting a registration application
to the judge of elections.
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(3) Providing a government-issued identification as
described under subsection (b) and proof of residence.
(b) Valid forms of identification.--Valid forms of
identification under subsection (a)(3) include:
(1) A valid identification card issued by the Federal
Government.
(2) A valid United States passport.
(3) A valid United States Armed Forces identification
card.
(4) A valid driver's license or identification card
issued by the Department of Transportation.
(5) A valid identification card issued by another agency
of the Commonwealth.
(c) Procedures for same-day registration.--
(1) Upon certifying the eligibility of a qualified
elector, the judge of elections at the polling place shall
issue a provisional ballot, provided by the county board of
elections, which is to be completed by the qualified elector
and sealed in an envelope along with the voter registration
application.
(2) Within 10 days of an election, the Department of
State shall approve or deny a voter registration application
under the provisions established in section 1328 (relating to
approval of registration applications).
(3) The provisional ballot may not be counted until the
Department of State has approved the voter registration
application.
(4) The qualified elector shall be notified in writing
by the Department of State as to the approval or denial of a
voter registration application.
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(d) Deadline for same-day registration.--The deadline for
same-day voter registration is when the applicant is accepted in
the appropriate electoral district by the presiding judge of
elections.
§ 1325.2. Preregistration data entry.
In the case of preregistration, each commission shall enter
preregistration information into the SURE system upon receipt of
the information and ensure that each preregistrant is actively
registered to vote no later than the preregistrant's 18th
birthday.
Section 6. Section 1327(a)(3) and (4)(iii) and (b)(1)(ii) of
Title 25 are amended and subsection (c) is amended by adding a
paragraph to read:
§ 1327. Preparation and distribution of applications.
(a) Form.--
* * *
(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 or identification card application) and 1325
(relating to government agencies), 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
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registration application shall contain the following
information; however, the information may be provided on a
separate form for voter registration made under section 1323
or 1325:
* * *
(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, unless the individual is at least 16 years of
age and preregisters to vote, 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).
* * *
(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:
* * *
(ii) On the day of the next ensuing election, the
applicant shall be at least 18 years of age[.], unless
the applicant is preregistering to vote in the next
election in which the individual reaches 18 years of age.
* * *
(c) Distribution.--
* * *
(7) The secretary shall print and distribute same-day
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voter registration applications to all polling places
throughout this Commonwealth. Along with the distribution of
the applications, the secretary shall include instructions to
inform the applicant of the same-day voter registration
application process and the process for counting the
applicant's vote and verifying the applicant's eligibility.
* * *
Section 7. Sections 1406(a), 1505(a) and 1801(a) of Title 25
are amended to read:
§ 1406. Reports.
(a) Commission.--By March 1, a commission shall submit to
the secretary an annual report setting forth the number of
electors registered under sections 1322 (relating to in-person
voter registration), 1323 (relating to application with driver's
license or identification card application), 1324 (relating to
application by mail) and 1325 (relating to government agencies).
The report shall specify the number of electors whose
registration has been canceled under Chapter 15 (relating to
changes in records) and any other information required by the
secretary.
* * *
§ 1505. Death of registrant.
(a) Department of Health.--A commission shall cancel the
registration of a registered elector or the preregistration of a
preregistrant reported dead by the Department of Health. The
Department of Health shall, within 60 days of receiving notice
of the death of an individual [18] 16 years of age or older,
send the name and address of residence of that individual to a
commission in a manner and on a form prescribed by the
department. The commission shall promptly update information
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contained in its registration records.
* * *
§ 1801. Attorney General.
(a) Investigation.--The secretary shall investigate alleged
violations of sections 1323 (relating to application with
driver's license or identification card application) and 1325
(relating to government agencies) and report apparent violations
to the Attorney General.
* * *
Section 8. Title 25 is amended by adding a section to read:
§ 3303. Prohibition of rejecting ballots based solely on
signature analysis.
(a) Rejection.--A county election official may not reject an
absentee ballot or mail-in ballot canvassed under this title or
the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, based solely on signature analysis.
(b) Challenge.--A challenge may not be made to an absentee
ballot or mail-in ballot at any time based on signature
analysis.
Section 9. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Section 1231 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is
repealed.
Section 10. This act shall take effect in one year.
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