PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1759
PRINTER'S NO. 2178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1596
Session of
2021
INTRODUCED BY WHEELAND, STAATS, R. MACKENZIE, COOK, CAUSER,
BERNSTINE, KAUFFMAN, BOROWICZ, M. MACKENZIE, RYAN, DIAMOND,
OWLETT, HAMM, ROTHMAN, ROWE, MILLARD, METCALFE, COX,
STAMBAUGH, WARNER, GLEIM, ZIMMERMAN, MALONEY, MOUL, GILLEN,
R. BROWN AND GROVE, JUNE 10, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2021
A JOINT RESOLUTION
Proposing an amendment SEPARATE AND DISTINCT AND INTEGRATED
AMENDMENTS to the Constitution of the Commonwealth of
Pennsylvania, further providing for qualifications of
electors., FOR METHOD OF ELECTIONS AND SECRECY IN VOTING AND
FOR ELECTION AND REGISTRATION LAWS AND PROVIDING FOR ELECTION
AUDITS AND FOR THE ELECTION AND QUALIFICATIONS OF THE
SECRETARY OF THE COMMONWEALTH.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
SECTION 1. THE FOLLOWING SEPARATE AND DISTINCT AMENDMENTS TO
THE CONSTITUTION OF PENNSYLVANIA ARE PROPOSED IN ACCORDANCE WITH
ARTICLE XI:
(1) That section 1 of Article VII be amended to read:
§ 1. Qualifications of electors.
(a) Every citizen 21 years of age, possessing the following
[EVERY CITIZEN 21] (A) ONLY CITIZENS 18 YEARS OF AGE OR OLDER,
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POSSESSING THE FOLLOWING qualifications, shall be entitled to
vote at all elections subject, however, to such laws requiring
and regulating the registration of electors as the General
Assembly may enact.
1. He or she shall have been a citizen of the United States
at least one month.
2. He or she shall have resided in the State [90] 30 days
immediately preceding the election.
3. He or she shall have resided in the election district
where he or she shall offer to vote at least [60] 30 days
immediately preceding the election, except that if qualified to
vote in an election district prior to removal of residence, he
or she may, if a resident of Pennsylvania, vote in the election
district from which he or she removed his or her residence
within [60] 30 days preceding the election.
(b) In addition to the qualifications under subsection (a)
of this section, a qualified elector shall provide a valid
identification at each election in accordance with the
following:
1. When voting in person, the qualified elector shall
p resent a valid identification before receiving a ballot to vote
in person.
2. When voting by absentee ballot or mail-in ballot, the
qualified elector shall enclose a copy of a valid identification
with his or her absentee ballot or mail-in ballot.
(c) The Legislature shall, by general law, provide for the
types of valid identifications necessary for a qualified elector
to comply with subsection (b) of this section.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
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Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
(B) IN ADDITION TO THE QUALIFICATIONS UNDER SUBSECTION (A),
A QUALIFIED ELECTOR SHALL PRESENT A VALID GOVERNMENT-ISSUED
IDENTIFICATION PRIOR TO VOTING. WHEN NOT VOTING IN PERSON, A
QUALIFIED ELECTOR SHALL PROVIDE PROOF OF A VALID GOVERNMENT-
ISSUED IDENTIFICATION AND THE QUALIFIED ELECTOR'S SIGNATURE WHEN
REQUESTING AND SUBMITTING A BALLOT. THE QUALIFIED ELECTOR'S
SIGNATURE SHALL BE MATCHED TO THE QUALIFIED ELECTOR'S SIGNATURE
OF RECORD PRIOR TO THE BALLOT BEING ACCEPTED.
(C) IN ADDITION TO THE QUALIFICATIONS UNDER THIS SECTION, A
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QUALIFIED ELECTOR MUST BE REGISTERED TO VOTE NO LATER THAN 30
DAYS PRIOR TO AN ELECTION IN ORDER TO CAST A VOTE. A
COMMONWEALTH ENTITY OVERSEEING VOTER REGISTRATION SHALL
ADEQUATELY CONFIRM AN APPLICANT'S ELIGIBILITY TO VOTE PRIOR TO
PERMITTING ANY REGISTRATION.
(2) THAT SECTION 4 OF ARTICLE VII BE AMENDED TO READ:
§ 4. METHOD OF ELECTIONS; SECRECY IN VOTING.
ALL ELECTIONS BY THE CITIZENS SHALL BE BY BALLOT OR BY SUCH
OTHER METHOD AS MAY BE PRESCRIBED BY LAW: PROVIDED, THAT SECRECY
IN VOTING BE PRESERVED[.] AND IN ACCORDANCE WITH THE FOLLOWING:
1. NO PART OF THE ADMINISTRATION OF ELECTIONS MAY BE PAID
FOR IN ANY WAY WITH FUNDS DONATED OR PROVIDED BY PRIVATE
INDIVIDUALS OR ORGANIZATIONS.
2. ALL PAPER BALLOTS SHALL CONTAIN AN APPROPRIATE WATERMARK
TO PROVE AUTHENTICITY.
3. ALL PAPER BALLOTS SHALL BE OPEN FOR PUBLIC INSPECTION
AFTER THE CERTIFICATION OF AN ELECTION FOR A MINIMUM PERIOD OF
TWO YEARS.
(3) THAT SECTION 6 OF ARTICLE VII BE AMENDED TO READ:
§ 6. ELECTION AND REGISTRATION LAWS.
ALL LAWS REGULATING THE HOLDING OF ELECTIONS BY THE CITIZENS,
OR FOR THE REGISTRATION OF ELECTORS, SHALL BE UNIFORM THROUGHOUT
THE STATE[, EXCEPT THAT LAWS REGULATING AND REQUIRING THE
REGISTRATION OF ELECTORS MAY BE ENACTED TO APPLY TO CITIES ONLY,
PROVIDED THAT SUCH LAWS BE UNIFORM FOR CITIES OF THE SAME CLASS,
AND EXCEPT FURTHER, THAT THE]. THE GENERAL ASSEMBLY SHALL BY
GENERAL LAW, PERMIT THE USE OF VOTING MACHINES, OR OTHER
MECHANICAL DEVICES FOR REGISTERING OR RECORDING AND COMPUTING
THE VOTE, AT ALL ELECTIONS OR PRIMARIES, IN ANY COUNTY, CITY,
BOROUGH, INCORPORATED TOWN OR TOWNSHIP OF THE COMMONWEALTH[, AT
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THE OPTION OF THE ELECTORS OF SUCH COUNTY, CITY, BOROUGH,
INCORPORATED TOWN OR TOWNSHIP, WITHOUT BEING OBLIGED TO REQUIRE
THE USE OF SUCH VOTING MACHINES OR MECHANICAL DEVICES IN ANY
OTHER COUNTY, CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP,
UNDER SUCH REGULATIONS WITH REFERENCE THERETO AS THE GENERAL
ASSEMBLY MAY FROM TIME TO TIME PRESCRIBE]. THE GENERAL ASSEMBLY
MAY, FROM TIME TO TIME, PRESCRIBE THE NUMBER AND DUTIES OF
ELECTION OFFICERS IN ANY POLITICAL SUBDIVISION OF THE
COMMONWEALTH IN WHICH VOTING MACHINES OR OTHER MECHANICAL
DEVICES AUTHORIZED BY THIS SECTION MAY BE USED.
(4) THAT ARTICLE VII BE AMENDED BY ADDING A SECTION TO READ:
§ 15. ELECTION AUDITS.
EACH ELECTION BY THE CITIZENS SHALL BE AUDITED BY THE AUDITOR
GENERAL PRIOR TO THE CERTIFICATION OF A RESULT. THE AUDITOR
GENERAL SHALL ADDITIONALLY CONDUCT OTHER ELECTION AUDITS,
INCLUDING AUDITS OF THE ADMINISTRATION OF ELECTIONS BY THE
COMMONWEALTH OR A POLITICAL SUBDIVISION, THE CERTIFICATION OF
ELECTION MACHINES, THE ACCURACY OF THE LIST OF REGISTERED VOTERS
AND THE ADMINISTRATION OF VOTER REGISTRATION. THE AUDITOR
GENERAL SHALL APPOINT AN INDEPENDENT AUDITOR TO CONDUCT EACH
REQUIRED AUDIT DURING A YEAR IN WHICH THE AUDITOR GENERAL STANDS
FOR ELECTION TO ANY OFFICE.
SECTION 2. THE FOLLOWING INTEGRATED AMENDMENTS TO THE
CONSTITUTION OF PENNSYLVANIA ARE PROPOSED IN ACCORDANCE WITH
ARTICLE XI:
(1) THAT ARTICLE IV BE AMENDED BY ADDING A SECTION TO READ:
§ 4.2. SECRETARY OF THE COMMONWEALTH.
A SECRETARY OF THE COMMONWEALTH SHALL BE CHOSEN BY THE
QUALIFIED ELECTORS OF THE COMMONWEALTH ON THE DAY THE GENERAL
ELECTION IS HELD FOR THE AUDITOR GENERAL, STATE TREASURER AND
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ATTORNEY GENERAL. THE SECRETARY OF THE COMMONWEALTH SHALL HOLD
OFFICE DURING FOUR YEARS FROM THE THIRD TUESDAY OF JANUARY NEXT
ENSUING HIS OR HER ELECTION AND SHALL NOT BE ELIGIBLE TO SERVE
CONTINUOUSLY FOR MORE THAN TWO SUCCESSIVE TERMS. THE SECRETARY
OF THE COMMONWEALTH SHALL BE THE CHIEF ELECTIONS OFFICER OF THE
COMMONWEALTH AND SHALL EXERCISE SUCH POWERS AND PERFORM SUCH
DUTIES AS MAY BE IMPOSED BY LAW.
(2) THAT SECTION 5 OF ARTICLE IV BE AMENDED TO READ:
§ 5. QUALIFICATIONS OF GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY
OF THE COMMONWEALTH AND ATTORNEY GENERAL.
NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF GOVERNOR,
LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH OR ATTORNEY
GENERAL EXCEPT A CITIZEN OF THE UNITED STATES, WHO SHALL HAVE
ATTAINED THE AGE OF 30 YEARS, AND HAVE BEEN SEVEN YEARS NEXT
PRECEDING HIS ELECTION AN INHABITANT OF THIS COMMONWEALTH,
UNLESS HE SHALL HAVE BEEN ABSENT ON THE PUBLIC BUSINESS OF THE
UNITED STATES OR OF THIS COMMONWEALTH. NO PERSON SHALL BE
ELIGIBLE TO THE OFFICE OF ATTORNEY GENERAL EXCEPT A MEMBER OF
THE BAR OF THE SUPREME COURT OF PENNSYLVANIA.
(3) THAT SECTION 6 OF ARTICLE IV BE AMENDED TO READ:
§ 6. DISQUALIFICATION FOR OFFICES OF GOVERNOR, LIEUTENANT
GOVERNOR, SECRETARY OF THE COMMONWEALTH AND ATTORNEY
GENERAL.
NO MEMBER OF CONGRESS OR PERSON HOLDING ANY OFFICE (EXCEPT OF
ATTORNEY-AT-LAW OR IN THE NATIONAL GUARD OR IN A RESERVE
COMPONENT OF THE ARMED FORCES OF THE UNITED STATES) UNDER THE
UNITED STATES OR THIS COMMONWEALTH SHALL EXERCISE THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH OR
ATTORNEY GENERAL.
(4) THAT SECTION 17 OF ARTICLE IV BE AMENDED TO READ:
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§ 17. CONTESTED ELECTIONS OF GOVERNOR, LIEUTENANT GOVERNOR,
SECRETARY OF THE COMMONWEALTH AND ATTORNEY GENERAL;
WHEN SUCCEEDED.
THE CHIEF JUSTICE OF THE SUPREME COURT SHALL PRESIDE UPON THE
TRIAL OF ANY CONTESTED ELECTION OF GOVERNOR, LIEUTENANT
GOVERNOR, SECRETARY OF THE COMMONWEALTH OR ATTORNEY GENERAL AND
SHALL DECIDE QUESTIONS REGARDING THE ADMISSIBILITY OF EVIDENCE,
AND SHALL, UPON REQUEST OF THE COMMITTEE, PRONOUNCE HIS OPINION
UPON OTHER QUESTIONS OF LAW INVOLVED IN THE TRIAL. THE GOVERNOR,
LIEUTENANT GOVERNOR, SECRETARY OF THE COMMONWEALTH AND ATTORNEY
GENERAL SHALL EXERCISE THE DUTIES OF THEIR RESPECTIVE OFFICES
UNTIL THEIR SUCCESSORS SHALL BE DULY QUALIFIED.
SECTION 3. UPON APPROVAL OF THE ADDITION OF SECTION 4.2 OF
ARTICLE IV BY THE ELECTORS, THERE SHALL BE A VACANCY IN THE
OFFICE OF THE SECRETARY OF THE COMMONWEALTH WHICH SHALL BE
FILLED AS PROVIDED IN SECTION 4.2 OF ARTICLE IV.
SECTION 4. (A) UPON THE FIRST PASSAGE BY THE GENERAL
ASSEMBLY OF THESE PROPOSED CONSTITUTIONAL AMENDMENTS, THE
SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE
XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE
REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN
WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER
PASSAGE OF THESE PROPOSED CONSTITUTIONAL AMENDMENTS.
(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THESE
PROPOSED CONSTITUTIONAL AMENDMENTS, THE SECRETARY OF THE
COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
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NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
THESE PROPOSED CONSTITUTIONAL AMENDMENTS. THE SECRETARY OF THE
COMMONWEALTH SHALL:
(1) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(1) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(2) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(2) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(3) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(3) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(4) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(4) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST
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PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(5) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENTS UNDER
SECTION 2 OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SINGLE BALLOT QUESTION AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENTS ARE PASSED BY THE GENERAL ASSEMBLY.
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