Regular Session 2021-2022 House Bill 1195 P.N. 1256

PRINTER'S NO. 1256

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1195

Session of

2021

INTRODUCED BY DALEY, FREEMAN, STURLA, SCHLOSSBERG, SANCHEZ,

CIRESI, FRANKEL, HILL-EVANS, HARKINS, SAMUELSON, HANBIDGE,

D. WILLIAMS, GUENST, HOWARD, WARREN, WEBSTER, DELLOSO,

ISAACSON, SIMS, SCHWEYER AND OTTEN, APRIL 16, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 16, 2021

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, in voter registration, further providing for

methods of voter registration, providing for electronic voter

registration, for electronic submission of changes to

registration and for time for electronic voter registration

and further providing for preparation and distribution of

applications and for approval of registration applications;

in records, further providing for general register, for

district registers and for reports; in changes in records,

further providing for removal notices and for change of

enrollment of political party; and, in penalties, further

providing for altering registration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1321 of Title 25 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph 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

* * *

(5) Under section 1325.1 (relating to electronic voter

registration).

Section 2. Title 25 is amended by adding sections to read:

§ 1325.1. Electronic voter registration.

(a) General rule.--An application to register to vote may be

submitted by an electronic voter registration application on the

publicly accessible Internet website maintained by the

department in the manner provided under this section.

(b) Establishment.--

(1) The department shall develop an electronic voter

application on a secure Internet system, maintained by the

department, that permits a qualified elector to

electronically submit a voter registration application or

changes to an existing registration.

(2) The department shall develop the application within

180 days of the effective date of this section. The

electronic voter registration application shall not be

implemented until the department, the Department of

Transportation and each commission have developed a process

and the infrastructure necessary for the effective use of the

application as contemplated by this section but in no event

later than June 30, 2021.

(3) The electronic voter registration application shall

comply with the requirements under section 1327 (relating to

preparation and distribution of applications). The electronic

voter registration application shall be provided in a manner

that is accessible to applicants with disabilities, including

those who are blind and visually impaired, and in a manner

that provides the same opportunity for access and

participation as for other voters.

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(1) A qualified elector who applies to register to vote

under this section shall do all of the following:

(i) Enter the data required on the electronic voter

registration application.

(ii) Provide one of the following:

(A) the last four digits of the applicant's

Social Security number;

(B) the applicant's driver's license number or

identification card number issued by the Department

of Transportation under 75 Pa.C.S. § 1510(b)

(relating to issuance and content of driver's

license); or

information required by clause (A) or (B), any other

information required by the department to verify the

applicant's identity.

(iii) Affirmatively attest to the truth of the

information provided by the applicant.

(2) The department shall obtain and verify an electronic

copy of the applicant's signature from the applicant's

driver's license or identification card issued by the

Department of Transportation under 75 Pa.C.S. § 1510. The

department may, in the department's discretion, develop other

means of obtaining an electronic signature from an applicant,

including obtaining a copy of a signature on file with

another Commonwealth agency, so long as the signature is

capable of being transmitted to the department in a secure

fashion.

(3) (i) Notwithstanding the department's ability to

obtain and verify an electronic copy of an applicant's

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signature under paragraph (2), the department shall

transfer the application to the SURE system for

examination and processing by the appropriate commission

in accordance with section 1328 (relating to approval of

registration applications). If the department is not able

to obtain and verify an electronic copy of the

applicant's signature, the department shall include a

notation that the applicant must provide a signature at

the polling place or, if the applicant votes by absentee

ballot, on the absentee ballot application, the first

time the applicant votes after submitting an electronic

voter registration application.

(ii) Nothing in this section shall be deemed to

prevent an applicant from printing the completed

electronic voter registration application, signing it and

mailing it to the appropriate commission in accordance

with the voter registration application deadlines

specified in section 1326.1 (relating to time for

electronic voter registration). If an applicant satisfies

the requirements of this subparagraph, no additional

signature shall be required.

(4) Use of electronic voter registration application by

the applicant shall constitute the applicant's consent to the

use of the applicant's signature on file with the Department

of Transportation or any other Commonwealth agency or

otherwise provided to the department under paragraph (2) for

voter registration purposes.

(d) Duties of department.--

(1) Within 24 months following the effective date of

this section, the department shall promulgate regulations

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necessary to implement the provisions of this section and

section 1325.2 (relating to electronic submission of changes

to registration). Prior to the promulgation, the department

shall transmit notice of the implementation guidelines to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

(2) The department shall develop and employ security

measures to ensure the security and integrity of voter

registration applications or changes to voter registrations

submitted electronically under this section and section

1325.2.

(e) Time.--If an electronic voter registration application

is submitted within 30 days before an election, the application

shall be transferred to the appropriate commission through the

SURE system and retained by the commission until the beginning

of the next period during which registrations must be processed.

§ 1325.2. Electronic submission of changes to registration.

(a) Changing information.--A registered elector may change

information in the registered elector's voter registration

records by using the electronic voter registration application

developed by the department under section 1325.1 (relating to

electronic voter registration) or a form developed by the

department for changes, as determined by the department. The

changes that may be made electronically shall be:

(1) A change in the enrollment of political designation.

(2) The enrollment of a political designation if,

although registered, the elector has not previously enrolled

as a member of a party.

(3) The registered elector's name.

(4) The registered elector's address.

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(b) Submission.--The provisions of section 1325.1 regarding

the validity of the information, the requirement for and consent

to the use of the elector's signature on file with another

Commonwealth agency or otherwise provided to the department

under section 1325.1(c)(2) and other verification by the elector

of the elector's identity shall apply to a submission for a

change to the elector's registration records under this section.

elector's voter registration records under this section shall

only be effective if:

(1) the department is able to obtain and verify an

electronic copy of the elector's signature. The department

shall inform the applicant if the electronic signature cannot

be verified; or

(2) the elector prints the form on which the changes

have been made, signs the form and mails it to the

appropriate commission, and the commission receives the

changes in accordance with the voter registration application

deadlines specified in section 1326.1 (relating to time for

electronic voter registration).

§ 1326.1. Time for electronic voter registration.

In the case of electronic voter registration under section

1325.1 (relating to electronic voter registration), each

commission shall ensure that an applicant who is a qualified

elector is registered to vote in an election if the voter

transmits the electronic voter registration application through

the Internet system maintained by the department no later than

11:59 p.m. on the 30th day prior to the election.

Section 3. Sections 1327(a)(3), (4), (5) and (6) and (b)(3)

and (4), 1328(a)(2), 1401(a)(5), 1402(b)(2), 1406(a), 1501(b)

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(1), 1503 and 1704(a) of Title 25 are amended to read:

§ 1327. Preparation and distribution of applications.

(a) Form.--

* * *

(3) Any person who assists in the completion of the

registration application shall sign or, in the case of

registration under section 1325.1 (relating to electronic

voter registration), shall electronically 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 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, except an

electronic voter registration application under section

1325.1, 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 registration

application, including a registration application under

section 1325.1, shall contain the following information;

however, the information may be provided on a separate form

for voter registration made under section 1323 or 1325:

(i) Notice that a registered elector does not need

to reregister unless the registered elector has moved.

(ii) Instructions on how to fill out and submit the

application and notification of when the application must

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be submitted to a voter registration office or, for

electronic voter registration under section 1325.1,

electronically, in order to be registered for the ensuing

election.

(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 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).

(iv) Notice that political party enrollment is

mandatory to vote in a primary election of a political

party.

(v) Notice that the commission will mail by

nonforwardable mail to the applicant a voter's

identification card upon acceptance of the application

and that the applicant should contact the commission if

the identification card is not received within 14 days

from the date the application is sent to the registration

office[.] or submitted electronically to the department

under section 1325.1. In the event that the applicant's

electronic registration application did not contain a

signature, the registration card shall contain a notice

that the registered elector must provide a signature the

first time the registered elector votes after submission

of the electronic voter registration application.

(vi) Notice that registration is not complete until

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the application is processed and accepted by the

commission or, if submitted electronically under section

1325.1, processed and accepted by the department.

(vii) A warning to the applicant that making a false

registration or furnishing false information is perjury.

The notice required in this subparagraph shall be in

print identical to the declaration under subsection (b).

(viii) Instructions to Federal or State employees

who wish to retain voting residence in county of last

residence to so indicate on the application.

(ix) Notice that, if an individual declines to

declined to register will remain confidential and will be

used only for voter registration purposes. The notice

required in this subparagraph shall be in print identical

to the declaration under subsection (b).

(x) Notice that, if an individual does register to

vote, the office at which the individual submits a voter

registration application will remain confidential and

will be used for voter registration purposes only. The

notices required in this subparagraph shall be in print

identical to the declaration in subsection (b).

(5) In jurisdictions where there is a single language

minority, the [secretary] department may print a bilingual

application and develop a bilingual electronic voter

registration application.

(6) In jurisdictions where a single language minority

exceeds 5% of the population, in accordance with applicable

law, the [secretary] department shall:

(i) print a bilingual application and develop a

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bilingual electronic voter registration application; and

(ii) conduct a public educational program among that

language group alerting both organizations and

individuals of that group of the availability of the

bilingual application and encouraging individuals to

* * *

(b) Registration declaration.--

* * *

(3) The registration declaration shall contain the

printed name [and signature of the applicant and the date of

signing.], date of signing and, except for an applicant

submitting a registration under section 1325.1, the signature

of the applicant. An applicant unable to sign the voter

registration application shall make a mark before a person of

the applicant's choice other than the applicant's employer or

an agent of the applicant's union. The person shall insert

the person's name, address and telephone number. If the

person is an employee or agent of the Department of

Transportation or another agency as provided under section

1325 and is assisting the applicant in an official capacity,

the employee or agent shall insert the initials and

identification number of the employee or agent. In the case

of applicants registering under section 1323 or 1325, the

person providing assistance shall insert initials or employee

or agent identification number on a separate or detachable

portion of the application or computer data file.

(4) The official registration application shall contain

a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The

notice shall advise the applicant that if a person signs an

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official registration application or submits an electronic

registration application or a change to registration form

under section 1325.1 or 1325.2 (relating to electronic

submission of changes to registration), knowing a statement

declared in the application to be false, the person commits

perjury. The notice shall specify the penalty for perjury.

* * *

§ 1328. Approval of registration applications.

(a) Examination.--Upon receiving a voter registration

application, a commissioner, clerk or registrar of a commission

shall do all of the following:

* * *

(2) Examine the application to determine all of the

following:

(i) Whether the application is complete. The lack of

an applicant's signature on an application submitted

under section 1325.1 (relating to electronic voter

registration) shall not be grounds for rejecting an

otherwise valid application.

(ii) Whether the applicant is a qualified elector.

(iii) Whether the applicant has an existing

registration record. After the commission is connected to

the SURE system, the commissioner, clerk or registrar

shall search the SURE system on a Statewide basis to

determine if the applicant has an existing registration

record.

(iv) Whether the applicant is entitled or qualified

to receive the requested transfer or change, if

applicable.

* * *

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§ 1401. General register.

(a) General rule.--The general register shall contain all of

the following for each registered elector of the county:

* * *

(5) The digitized or electronic signature of the

registered elector. In the case of an elector permitted to

submit a signature the first time the elector votes after

submitting an electronic voter registration application under

section 1325.1 (relating to electronic voter registration),

the commission shall enter the elector's signature on the

elector's registration record as soon as practicable after

the election. The elector shall not be subject to the

provisions of section 1210(a.3)(2) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

until the elector's signature has been entered on the

elector's registration record.

* * *

§ 1402. District registers.

* * *

(b) Computer lists.--

* * *

(2) After a commission is connected to the SURE system,

each commission shall create from its general register a

computer list to be used as the district register. For each

election district, the list shall contain the names of the

registered electors of the election district, alphabetically

by last name of each registered elector. Each page of the

list shall contain the name of the county, the election

district, the date of the election and the date and time the

list was prepared. The computer list shall be in a form

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prescribed by the secretary and must contain necessary

information that would otherwise be available in the general

submit a signature at the polling place the first time the

elector votes after submitting an electronic voter

registration application under section 1325.1 (relating to

electronic voter registration), a legible digitized or

electronic signature, the street address and political party

of each registered elector, and suitable space for insertion

of the signature of the registered elector and for insertion

by the proper election official of the number and letter of

the stub of the ballot issued to the registered elector or

the registered elector's number in the order of admission to

the voting systems and the initials of the election official

who enters the record of voting in the district register and

whether the elector needs assistance to vote and, if so, the

nature of the disability. The district register shall be kept

at the office of the commission and shall be open to public

inspection, subject to reasonable safeguards, rules and

regulations.

* * *

§ 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 application), 1324 (relating to application by mail)

[and], 1325 (relating to government agencies) and 1325.1

(relating to electronic voter registration). The report shall

specify the number of electors whose registration has been

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canceled under Chapter 15 (relating to changes in records) and

any other information required by the secretary.

* * *

§ 1501. Removal notices.

* * *

(b) Use.--A registered elector who removes residence from

one place to another within the same county must notify the

commission by filing a removal notice under subsection (a) or a

signed request for [renewal] removal that contains the

information required in subsection (a) with the commission not

later than the registration deadline before an election. If

mailed, the notice or request must be postmarked not later than

the deadline for registration or, in the case of an illegible or

missing postmark, received within five days of the close of

registration. The following apply:

(1) An official registration application of an elector

who has registered by mail or electronic voter registration

application qualifies as a removal notice.

* * *

§ 1503. Change of enrollment of political party.

By the deadline for registration, a registered elector who

desires to change the enrollment of political designation or

who, although registered, has not previously enrolled as a

member of a party may appear before a commissioner, registrar or

clerk or may submit an application by mail under section 1324

(relating to application by mail) [and state in a signed] or

electronically under section 1325.2 (relating to electronic

submission of changes to registration). In a case other than

submission under section 1325.2, the registered elector shall

state in a signed writing the political party in which the

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registered elector desires to be enrolled. If the signature of

the elector is verified by comparison with the registered

elector's signature as it appears on file with the commission,

the commissioner, registrar or clerk shall make the change in

its registration records. [If] In a case other than submission

under section 1325.2, if supported by other evidence of

identity, a mark may be made in lieu of a signature by a

registered elector who is unable to write. The mark must be made

in the presence of a witness who must sign the registration

application. For submissions under section 1325.2, the

registered elector shall follow the procedure for verification

of the registered elector's identity specified in section 1325.1

(relating to electronic voter registration).

§ 1704. Altering registration.

(a) Prohibition.--No registrar, commissioner, clerk or

assistant [or], commission employee or other individual may do

any of the following:

(1) Intentionally insert or permit to be inserted an

entry in a registration record without a proper application

under this part or without requiring the proper evidence of

the right of the applicant to be registered.

(2) Intentionally materially alter a registration record

after the entries have been made unless the alteration is in

accordance with this part. This paragraph does not apply to

an alteration pursuant to an order of a court of common pleas

or of a commission.

(3) Intentionally submit false information regarding a

change of party enrollment or name or address on a

registration record of another individual.

* * *

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Section 4. This act shall take effect immediately.

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