THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SAYLOR, S. H. SMITH, TURZAI, CIVERA, MAJOR, STERN, PHILLIPS, ROAE, PAYNE, SCHRODER, MARSHALL, BARRAR, GRELL, REICHLEY, MUSTIO, KAUFFMAN, ROCK, VEREB, BAKER, BEAR, BOYD, BROOKS, CAUSER, CLYMER, CREIGHTON, CUTLER, DALLY, DENLINGER, EVERETT, FARRY, FLECK, GABLER, GEIST, GINGRICH, GROVE, HARRIS, HELM, HICKERNELL, M. KELLER, KNOWLES, KRIEGER, MARSICO, MENSCH, METZGAR, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURT, OBERLANDER, O'NEILL, PICKETT, READSHAW, REED, ROHRER, SCAVELLO, SONNEY, STEVENSON, SWANGER, TRUE, VULAKOVICH, WATSON AND HARHART, JUNE 23, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 23, 2009  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," providing for requirements relating to voter

identification; and further providing for manner of applying

to vote.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, is amended by adding a

section to read:

Section 206.  Requirements Relating to Voter

Identification.--(a)  The Secretary of the Commonwealth shall

prepare and disseminate information to the public regarding the

identification requirements established under section 1210.

(b)  Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)

(relating to issuance and content of driver's license) to the

contrary, the Department of Transportation shall issue an

identification card described in 75 Pa.C.S. § 1510(b) at no cost

to any registered elector who has made application therefor and

has included with the completed application a signed affidavit

stating that the elector is unable to obtain another form of

photo identification, including a driver's license, that the

elector is unable to pay the required fee for the identification

card and that the elector is a registered elector as defined in

25 Pa.C.S. § 1102 (relating to definitions). In the case of an

elector who is a member of a recognized religious sect or

community whose tenets forbid or discourage the taking of

photographs of members of the sect or community, the Department

of Transportation shall issue a valid-without-photo

identification card containing the elector's name, address, date

of birth and signature.

(c)  The Secretary of the Commonwealth shall prepare the form

of the affidavit described in subsection (b) and shall

distribute the form to the counties and the Department of

Transportation. The Secretary of the Commonwealth, the Secretary

of Transportation and the county boards of election shall

disseminate information to the public regarding the availability

of identification cards under subsection (b).

Section 2.  Section 1210(a) and (a.1), amended October 8,

2004 (P.L.807, No.97), are amended to read:

Section 1210.  Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

Register; Numbered Lists of Voters; Challenges.--(a)  At every

primary and election each elector [who appears to vote in that

election district for the first time and] who desires to vote

shall first present to an election officer the original of one

of the following forms of photo identification:

(1)  a valid driver's license or identification card issued

by the Department of Transportation;

(2)  a valid identification card issued by any other

executive agency of the Commonwealth as defined by 62 Pa.C.S. §

103 (relating to definitions);

(3)  [a valid identification card issued by the United States

Government;

(4)]  a valid United States passport;

[(5)  a valid student identification card;

(6)  a valid employe identification card;] or

[(7)] (4)  a valid armed forces of the United States

identification card.

The election officer shall examine the identification presented

by the elector and sign an affidavit stating that this has been

done.

[(a.1)  Where the elector does not have a photo

identification as provided for in subsection (a), the elector

shall present for examination one of the following forms of

identification that shows the name and address of the elector:

(1)  nonphoto identification issued by the Commonwealth, or

any agency thereof;

(2)  nonphoto identification issued by the United States

Government, or agency thereof;

(3)  a firearm permit;

(4)  a current utility bill;

(5)  a current bank statement;

(6)  a paycheck;

(7)  a government check.

The election officer shall examine the identification presented

by the elector and sign an affidavit stating that this has been

done.]

* * *

Section 3.  This act shall take effect in 60 days.