PRINTER'S NO. 1156
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
190
Session of
2021
INTRODUCED BY FONTANA, SANTARSIERO, FLYNN, SCHWANK, COMITTA,
BREWSTER, KEARNEY AND HUGHES, OCTOBER 18, 2021
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, OCTOBER 18, 2021
A RESOLUTION
Urging the Senate Intergovernmental Operations Committee to
withdraw and rescind the subpoena issued by the committee to
the Department of State on September 15, 2021, seeking the
personal information of Pennsylvania voters and urging the
committee to conduct public hearings, and the Senate as a
body to conduct public debate, on the issue.
WHEREAS, On September 9, 2021, the Senate Intergovernmental
Operations Committee convened to begin a series of hearings to
review the Commonwealth's 2020 General Election and the 2021
Primary Election; and
WHEREAS, Representatives from the Department of State were
invited to testify at the hearing but declined due to ongoing
litigation surrounding Act 77 of 2019, a comprehensive update to
Pennsylvania's Election Code, and a separate lawsuit filed on
behalf of Fulton County related to the decertification of the
county's election machines by the Department of State; and
WHEREAS, In response to the Department of State declining the
invitation to testify at the hearing, the Senate
Intergovernmental Operations Committee reconvened on September
15, 2021, for purposes of subpoenaing voter information, voting
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records and other documents from the Department of State; and
WHEREAS, The subpoena considered by the committee sought to
compel the production of documents by the Department of State in
17 different areas, including the following:
(1) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number, address and date of last voting activity of all
registered voters within this Commonwealth as of May 1, 2021,
by county.
(2) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number, address and date of last voting activity of all
registered voters within this Commonwealth as of November 1,
2020, by county.
(3) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted in person in
the November 2020 General Election, by county.
(4) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by mail-in
ballot in the November 2020 General Election, by county.
(5) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by absentee
ballot in the November 2020 General Election, by county.
(6) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by
provisional ballot in the November 2020 General Election, by
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county.
(7) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted in person in
the May 2021 Primary Election, by county.
(8) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by mail-in
ballot in the May 2021 Primary Election, by county.
(9) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by absentee
ballot in the May 2021 Primary Election, by county.
(10) A complete list containing the name, date of birth,
driver's license number, last four digits of Social Security
number and address of all individuals who voted by
provisional ballot in the May 2021 Primary Election, by
county;
and
WHEREAS, The committee authorized the issuance of the
subpoenas on by a vote of 7-4, with all Republicans voting "aye"
and all Democrats voting "no"; and
WHEREAS, According to the Department of State, as of
September 20, 2021, there are more than 8,713,660 registered
voters in this Commonwealth; and
WHEREAS, While the subpoena sought information on all
8,713,660 registered voters in this Commonwealth, the members of
the Senate Intergovernmental Operations Committee represent only
approximately 1,144,772 of those voters, or 13% of the total
registered voters in this Commonwealth; and
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WHEREAS, Since the issuance of the subpoena, members of both
the Senate Republican Caucus and the Senate Democratic Caucus
have publicly either expressed opposition to the issuance of the
subpoena or have raised concerns about seeking the personal
information of 8,713,660 Pennsylvania voters; and
WHEREAS, Pennsylvanians of all political persuasions have
expressed their strenuous objections to requiring the Department
of State to turn over their personal information to the Senate
Intergovernmental Operations Committee; and
WHEREAS, Pennsylvania voters have expressed numerous
concerns, including concerns relating to identity theft, the use
of the personal information, third-party access to the personal
information and storage and security of the personal information
by a yet-to-be-determined third party; and
WHEREAS, An issue as sensitive as subpoenaing the personal
information of more than 8.7 million Pennsylvania voters
residing in all 50 Senatorial Districts and all of
Pennsylvania's 67 counties is an issue best determined by the
Senate as a body after public debate, rather than to a Senate
standing committee; and
WHEREAS, The Pennsylvania Senate's General Operating Rules do
not provide a mechanism for the Senate as a body to overturn the
vote of a standing committee; and
WHEREAS, The General Operating Rules do not prohibit the
Senate as a body from expressing its concern or disagreement
with the actions of a standing committee; and
WHEREAS, The General Operating Rules do not prohibit the
Senate as a body from expressing that concern or disagreement
through a formal process in the form of the adoption of a Senate
Resolution; and
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WHEREAS, By adopting this resolution, the Senate as a body
expresses it's legitimate concerns over subpoenaing the personal
information of Pennsylvania's registered voters as part of the
Senate Intergovernmental Operations Committee's review of the
2020 General Election and 2021 Primary Election; therefore be it
RESOLVED, That the Senate strongly urge the Intergovernmental
Operations Committee to reconvene no later than 24 hours after
the adoption of this resolution for purposes of withdrawing and
rescinding the subpoena issued by the committee to the
Department of State on September 15, 2021, seeking the personal
information of Pennsylvania voters; and be it further
RESOLVED, That the Senate urge the Intergovernmental
Operations Committee, upon withdrawing and rescinding the
subpoena, to schedule a public hearing, including public
testimony and comment, on the issue before taking any further
action related to subpoenas; and be it further
RESOLVED, That the Senate request that the Senate convene as
a Committee of the Whole in open session to conduct a public
debate on subpoenaing the personal information of Pennsylvania
registered voters; and be it further
RESOLVED, That a copy of this resolution be transmitted to
the Majority Chair and Minority Chair of the Senate
Intergovernmental Operations Committee, the President pro
tempore of the Senate, the Majority Leader of the Senate and the
Minority Leader of the Senate.
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