PRINTER'S NO. 1432
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1334
Session of
2021
INTRODUCED BY MALONEY, METCALFE, BERNSTINE, COOK, COX, DAVANZO,
HAMM, JOZWIAK, KAUFFMAN, ROTHMAN, ROWE, RYAN, SILVIS AND
ZIMMERMAN, MAY 5, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2021
AN ACT
Providing for secure and fair elections and the authentication
of United States citizenship.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Secure and
Fair Elections Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A resident of Pennsylvania seeking to register
to vote in Federal, State and local elections under this act.
"Application." The form approved by the Secretary of the
Commonwealth to register an applicant to vote under this act.
The National Mail Voter Registration Form issued as provided
under Federal law shall be accepted as an application.
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"Division of Vital Records." The Division of Vital Records
of the Department of Health of the Commonwealth.
"Evidence of United States citizenship." One of the
following, or a legible photocopy of one of the following,
documents:
(1) The applicant's driver's license or nondriver's
identification card issued by the Commonwealth or an
equivalent governmental agency of another state if the agency
indicates on the applicant's driver's license or nondriver's
identification card that the individual has provided
satisfactory proof of United States citizenship.
(2) The applicant's birth certificate that verifies
United States citizenship to the satisfaction of the county
board of elections or the Secretary of the Commonwealth.
(3) Pertinent pages of the applicant's United States
valid or expired passport identifying the applicant and the
applicant's passport number, or presentation to the county
board of elections of the applicant's United States passport.
(4) The applicant's United States naturalization
documents or the number of the applicant's certificate of
naturalization. If only the number of the certificate of
naturalization is provided, the applicant's name shall not be
included on the registration roll until the number of the
certificate of naturalization is verified with the United
States Bureau of Citizenship and Immigration Services by the
county board of elections or the Secretary of the
Commonwealth, under 8 U.S.C. § 1373(c) (relating to
communication between government agencies and the Immigration
and Naturalization Service).
(5) Other documents or methods of proof of United States
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citizenship issued by the Federal Government under the
Immigration and Nationality Act, as amended (66 Stat. 163, 8
U.S.C. § 1101 et seq.).
(6) The applicant's Bureau of Indian Affairs card
number, tribal treaty card number or tribal enrollment
number.
(7) The applicant's consular report of birth abroad of a
citizen of the United States of America.
(8) The applicant's certificate of citizenship issued by
the United States Citizenship and Immigration Services.
(9) The applicant's certification of report of birth
issued by the United States Department of State.
(10) The applicant's American Indian card, with KIC
classification, issued by the United States Department of
Homeland Security.
(11) The applicant's final adoption decree showing the
applicant's name and United States birthplace.
(12) The applicant's official United States military
record of service showing the applicant's place of birth in
the United States.
(13) An extract from a United States hospital record of
birth created at the time of the applicant's birth indicating
the applicant's place of birth in the United States.
(14) Any other information or documentation related to
an applicant's United States citizenship if the State
Election Board assesses the information or documentation as
satisfactory.
"State Election Board." The board established under section
5.
Section 3. Application.
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This act shall apply notwithstanding any other law.
Section 4. Registration.
The following shall apply:
(1) Applications, promulgated by the Secretary of the
Commonwealth, shall give voter eligibility requirements and
necessary information to prevent duplicative voter
registrations and enable the relevant election officer to
assess the eligibility of the applicant, administer voter
registration, identify the applicant and determine the
qualifications of the applicant as an elector and the facts
authorizing the individual to be registered. Applications
shall contain a statement that the applicant shall be
required to provide qualifying identification when voting.
(2) The Secretary of the Commonwealth shall create a
process for each county board of elections to indicate
whether an applicant has provided with the application the
information necessary to assess the eligibility of the
applicant, including the applicant's United States
citizenship. This section shall be interpreted and applied in
accordance with Federal law. No eligible applicant whose
qualifications have been assessed and deemed sufficient shall
be denied registration.
(3) The county board of elections or the Secretary of
the Commonwealth's office shall accept a completed
application for registration, but an applicant's registration
shall not be deemed to be completed until the applicant has
provided, or the county board of elections or the Secretary
of the Commonwealth's office has otherwise obtained,
satisfactory evidence of United States citizenship.
Satisfactory evidence of United States citizenship shall be
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provided in person at the time of filing the application for
registration or by including with a mailed registration
application a photocopy of one of the documents listed as
evidence of United States citizenship, or by electronically
transmitting via email or text message an image of one of the
documents listed as evidence of United States citizenship.
After an individual has submitted satisfactory evidence of
United States citizenship, the county board of elections
shall indicate this information in the individual's permanent
voter file.
(4) If an applicant submits a completed application for
registration but does not provide satisfactory evidence of
United States citizenship, the applicant's registration shall
be deemed provisional until satisfactory evidence of United
States citizenship is obtained. The county board of elections
shall indicate this information in the individual's permanent
voter file and shall mail to the applicant a notice informing
the applicant that the registration is provisional and is not
yet completed and that evidence of citizenship must be
received by the Secretary of the Commonwealth or county board
of elections within 90 days of the date that the application
for registration was received. If no evidence of citizenship
is received by that date, the application shall be deleted
from the individual's permanent voter file, and the applicant
shall be notified of the deletion by the county board of
elections. The deletion of the application shall not prevent
the applicant from filing a new application at any time to
begin the registration process again.
(5) The Secretary of the Commonwealth or the county
board of elections shall, in a manner designated by the
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Secretary of the Commonwealth, attempt to obtain evidence of
United States citizenship on behalf of all applicants whose
registration is provisional, thereby completing the
applications, by performing the following:
(i) Determining if the Department of Motor Vehicles
has already obtained evidence of United States
citizenship from the applicant.
(ii) Determining if the Division of Vital Records
possesses a birth record indicating that the applicant
was born in Pennsylvania.
(iii) Obtaining an official record of United States
citizenship from another state or from the Federal
Government.
(6) If the Secretary of the Commonwealth or the county
board of elections is able to successfully obtain evidence of
United States citizenship on behalf of the applicant within
the 90-day period described in paragraph (4), the Secretary
of the Commonwealth or the county board of elections shall
inform the applicant, deem the application to be completed
and indicate this information in the applicant's permanent
voter file.
(7) Any individual who is registered in Pennsylvania on
the effective date of this act is deemed to have provided
satisfactory evidence of United States citizenship and shall
not be required to submit evidence of United States
citizenship.
(8) For purposes of this section, proof of voter
registration from another state is not satisfactory evidence
of United States citizenship.
(9) A registered voter who moves from one residence to
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another within this Commonwealth or who modifies the voter's
registration records for any other reason shall not be
required to submit evidence of United States citizenship.
(10) The following shall apply:
(i) If evidence of United States citizenship is
deemed to be unsatisfactory due to an inconsistency
between the document submitted as evidence and the name
or sex provided on the application for registration, the
applicant may sign an affidavit containing the following:
(A) Stating the inconsistency or inconsistencies
related to the name or sex and the reason for the
inconsistency; and
(B) Swearing under oath that, despite the
inconsistency, the applicant is the individual
reflected in the document provided as evidence of
United States citizenship. There may not be an
inconsistency between the date of birth on the
document provided as evidence of United States
citizenship and the date of birth provided on the
application for registration. If an affidavit of
identification is submitted by the applicant, the
county board of elections or Secretary of the
Commonwealth shall assess the eligibility of the
applicant without regard to any inconsistency stated
in the affidavit.
(ii) All documents submitted as evidence of United
States citizenship shall be kept confidential by the
county board of elections or the Secretary of the
Commonwealth and maintained as provided by record
retention laws.
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(11) Nothing in this section shall prohibit an applicant
from providing, or the Secretary of the Commonwealth or
county board of elections from obtaining, one of the forms of
evidence of United States citizenship, at a different time or
in a different manner than an application for registration is
provided, as long as the applicant's eligibility can be
adequately assessed by the Secretary of the Commonwealth or
county board of elections as required by this section and
within the 90-day period described in paragraph (4).
Section 5. State Election Board.
(a) Establishment.--The State Election Board is established
within the Department of State. The following shall apply:
(1) The State Election Board shall consist of the
Lieutenant Governor, the Attorney General and the Secretary
of the Commonwealth.
(2) The State Election Board shall meet at the call of
the Secretary of the Commonwealth and shall assess
information or documentation provided by any applicant for
voter registration as evidence of United States citizenship
under the voter registration requirements of this act.
(3) Meetings of the board may occur remotely, virtually
or by telephone, at the discretion of the Secretary of the
Commonwealth.
(b) Procedure.--If an applicant is a United States citizen
but cannot provide satisfactory evidence of United States
citizenship, the applicant may submit evidence, including any
information, affidavits or documentation, that the applicant
believes demonstrates the applicant's United States citizenship.
The following shall apply:
(1) An applicant seeking an assessment of evidence under
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this section may directly contact the office of the Secretary
of the Commonwealth by submitting a voter registration
application or the National Mail Voter Registration Form and
any supporting information or evidence of United States
citizenship. Upon receipt of this information or
documentation, the Secretary of the Commonwealth shall notify
the appropriate county board of elections that the
application is pending.
(2) The county board of elections shall give the
applicant an opportunity for a hearing, upon the applicant's
request in writing, and an opportunity to present any
additional evidence to the county board of elections. Notice
of the hearing shall be given to the applicant at least five
days prior to the hearing date. An applicant shall have the
opportunity to be represented by counsel at the hearing.
(3) The county board of elections shall assess the
information or documentation provided by the applicant to
determine whether the applicant has provided satisfactory
evidence of United States citizenship. A decision of the
county board of elections shall be determined by a majority
vote of the county board of elections.
(4) If an applicant submits an application and any
supporting information or documentation prior to the close of
registration for an election cycle, a determination by the
county board of elections shall be issued at least five days
before the election date.
(5) If the county board of elections finds that the
information or documentation presented by an applicant
constitutes satisfactory evidence of United States
citizenship, the applicant shall meet the requirements under
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this act to provide satisfactory evidence of United States
citizenship.
(6) If the county board of elections finds that the
information or documentation presented by an applicant does
not constitute satisfactory evidence of United States
citizenship, the applicant shall have the right to appeal the
determination by the county board of elections by instituting
an action under 8 U.S.C. § 1503 (relating to denial of rights
and privileges as national). A negative assessment of an
applicant's eligibility by the county board of elections
shall be reversed if the applicant obtains a declaratory
judgment under 8 U.S.C. § 1503 demonstrating that the
applicant is a national of the United States.
Section 6. No fee for birth certificates or identification card
for qualifying individuals.
(a) Birth certificates.--The following shall apply:
(1) The Division of Vital Records shall not charge or
accept any fee for a certified copy of a birth certificate if
the certificate is requested by an individual who is 17 years
of age or older for purposes of meeting the voter
registration requirements of this act. The individual shall
swear under oath that the individual:
(i) plans to register to vote in Pennsylvania; and
(ii) does not possess any of the documents that
constitute evidence of United States citizenship.
(2) The affidavit shall specifically list the documents
that constitute evidence of United States citizenship as
defined in this act.
(b) Identification cards.--The Division of Vital Records
shall not charge or accept any fee for a certified copy of a
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birth certificate if the certificate is requested by an
individual who is 17 years of age or older for the purpose of
obtaining a fee-waived nondriver identification card in order to
meet the voting requirements under this act. The individual
shall swear under oath that the individual:
(1) is registered to vote in Pennsylvania; and
(2) has executed the affidavit under subsection (a).
(c) Transmittal fee.--The board of commissioners of each
county in this Commonwealth shall designate a county office or
department to provide assistance at no charge to an individual
applying for a birth certificate from the Division of Vital
Records for the purpose of registering to vote. The designated
county office or department shall transmit the necessary forms
to the Division of Vital Records at no cost to the individual
applying for the birth certificate.
(d) Regulations.--The Department of Health shall adopt rules
and regulations in order to implement the provisions of this
section.
Section 7. Rules and regulations.
The Secretary of the Commonwealth shall promulgate rules and
regulations necessary to implement this act.
Section 8. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 9. Effective date.
This act shall take effect immediately.
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