PRINTER'S NO. 3762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2629
Session of
2024
INTRODUCED BY WARNER, BERNSTINE, COOK, COOPER, ECKER, FINK,
FLICK, HAMM, HEFFLEY, JAMES, JOZWIAK, KAUFFMAN, KUZMA,
M. MACKENZIE, R. MACKENZIE, MARCELL, MENTZER, MOUL, ROAE,
ROWE, SCHEUREN, SMITH, STAATS, TOPPER AND T. JONES,
OCTOBER 9, 2024
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 9, 2024
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in registration system, providing for verification
of citizenship; in voter registration, further providing for
methods of voter registration; in penalties, further
providing for duties under part; and, in provisions
contingent on Federal Law, further providing for removal of
electors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 25 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1208. Verification of citizenship.
A commission shall, in all procedures and processes,
affirmatively and adequately assess whether an applicant is a
citizen of the United States when determining if the applicant
is a qualified elector upon receiving a voter registration
application.
Section 2. Sections 1321, 1706 and 1901(a) of Title 25 are
amended to read:
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§ 1321. Methods of voter registration.
(a) Registration.--An individual qualified to register to
vote under section 1301(a) (relating to qualifications to
register) may apply to register as follows[:] upon presentation
of documentary proof of United States citizenship with the
application:
(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).
(b) Definition.--As used in this section, the term
"documentary proof of United States citizenship" shall mean any
of the following:
(1) A form of identification issued consistent with the
requirements of Division B of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13, 119 Stat. 231) that
indicates the applicant is a citizen of the United States.
(2) A valid United States passport.
(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
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(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1), (2), (3) and (4),
but only if presented together with one or more of the
following:
(i) A certified birth certificate issued by a State,
a unit of local government in a State or a Tribal
government which:
(A) was issued by the State, unit of local
government or Tribal government in which the
applicant was born;
(B) was filed with the office responsible for
keeping vital records in the State;
(C) includes the full name, date of birth and
place of birth of the applicant;
(D) lists the full names of one or both of the
parents of the applicant;
(E) has the signature of an individual who is
authorized to sign birth certificates on behalf of
the State, unit of local government or Tribal
government in which the applicant was born;
(F) includes the date that the certificate was
filed with the office responsible for keeping vital
records in the State; and
(G) has the seal of the State, unit of local
government or Tribal government that issued the birth
certificate.
(ii) An extract from a United States hospital record
of birth created at the time of the applicant's birth
which indicates that the applicant's place of birth was
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in the United States.
(iii) A final adoption decree showing the
applicant's name and that the applicant's place of birth
was in the United States.
(iv) A consular report of birth abroad of a citizen
of the United States or a certification of the
applicant's report of birth of a United States citizen
issued by the Secretary of State.
(v) A naturalization certificate or certificate of
citizenship issued by the Secretary of Homeland Security
or any other document or method of proof of United States
citizenship issued by the Federal Government under 8
U.S.C. Ch. 12 (relating to immigration and nationality).
(vi) An American Indian Card issued by the
Department of Homeland Security with the classification
"KIC."
§ 1706. Duties under part.
(a) Offense defined.--Any commissioner, registrar, clerk,
inspector of registration, commission officer, commission
assistant, commission employee, individual, partnership or
corporation that intentionally delays, neglects or refuses to
perform a duty imposed by this part commits a misdemeanor of the
second degree and shall, upon conviction, be sentenced to pay a
fine of not more than $5,000 or to imprisonment for not more
than two years, or both.
(b) Private right of action.--
(1) A person may bring a civil cause of action based
upon a violation of section 1208 (relating to verification of
citizenship) in an appropriate court for declaratory or
injunctive relief with respect to the violation.
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(2) The court may allow the prevailing party reasonable
attorney fees, including litigation expenses and damages up
to $10,000 for each individual violation of section 1208.
§ 1901. Removal of electors.
(a) Removal of elector's registration record.--Commissions
shall institute a program to protect the integrity of the
electoral process and to ensure the maintenance of accurate and
current registration records. The program shall be uniform,
nondiscriminatory and in compliance with the Voting Rights Act
of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et seq.). An
elector's registration shall not be canceled except as follows:
(1) At the request of the elector.
(2) Upon the death of the elector under section 1505
(relating to death of registrant).
(3) Upon confirmation that the elector has moved to a
residence outside the county.
(4) Under a voter removal program as provided for under
subsection (b), and in compliance with the National Voter
Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
1973gg et seq.).
(5) Upon indication, investigation and verification that
an elector is not a citizen of the United States.
* * *
Section 3. This act shall take effect in 60 days.
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