Trial Engrossment of Amendment A02365 to Senate Bill 0224 P.N. 1097, Regular Session 2023-2024

A02365

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

224

Session of

2023

INTRODUCED BY ARGALL, STREET, BARTOLOTTA, PHILLIPS-HILL, FARRY,

AUMENT, STEFANO, COSTA, SANTARSIERO AND CAPPELLETTI,

JANUARY 31, 2023

SENATOR DUSH, STATE GOVERNMENT, RE-REPORTED AS AMENDED,

SEPTEMBER 18, 2023

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," in preliminary provisions, further providing for

definitions; in the Secretary of the Commonwealth, further

providing for requirements relating to voter identification;

in dates of elections and primaries and special elections,

further providing for general primary and candidates to be

nominated and party officers to be elected.; AND, IN

NOMINATION OF CANDIDATES, FURTHER PROVIDING FOR MANNER OF

SIGNING NOMINATION PETITIONS AND TIME OF CIRCULATING AND FOR

PLACE AND TIME OF FILING NOMINATION PETITIONS AND FILING

FEES.; in preparation for and conduct of primaries and

elections, further providing for manner of applying to vote,

persons entitled to vote, voter's certificates, entries to be

made in district register, numbered lists of voters and

challenges; and, in voting by qualified absentee electors,

further providing for canvassing of official absentee ballots

and mail-in ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 603 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended to

read:

SECTION 1. SECTIONS 603, 908 AND 913(D) OF THE ACT OF JUNE

3, 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION

CODE, ARE AMENDED TO READ:

Section 1. Sections 102(z.5), 206, 603, 908 and 913(d) of

the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code, are amended to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.5) The words "proof of identification" shall mean:

[(1) In the case of an elector who has a religious objection

to being photographed, a valid-without-photo driver's license or

a valid-without-photo identification card issued by the

Department of Transportation.

(2) For an elector who appears to vote under section 1210, a

document that:

(i) shows the name of the individual to whom the document

was issued and the name substantially conforms to the name of

the individual as it appears in the district register;

(ii) shows a photograph of the individual to whom the

document was issued;

(iii) includes an expiration date and is not expired,

except:

(A) for a document issued by the Department of

Transportation which is not more than twelve (12) months past

the expiration date; or

(B) in the case of a document from an agency of the Armed

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forces of the United States or their reserve components,

including the Pennsylvania National Guard, establishing that the

elector is a current member of or a veteran of the United States

Armed Forces or National Guard which does not designate a

specific date on which the document expires, but includes a

designation that the expiration date is indefinite; and

(iv) was issued by one of the following:

(A) The United States Government.

(B) The Commonwealth of Pennsylvania.

that municipality.

(D) An accredited Pennsylvania public or private institution

of higher learning.

(E) A Pennsylvania care facility.

(3) For a qualified absentee elector under section 1301 or a

qualified mail-in elector under section 1301-D:

(i) in the case of an elector who has been issued a current

and valid driver's license, the elector's driver's license

number;

(ii) in the case of an elector who has not been issued a

current and valid driver's license, the last four digits of the

elector's Social Security number;

(iii) in the case of an elector who has a religious

objection to being photographed, a copy of a document that

satisfies paragraph (1); or

(iv) in the case of an elector who has not been issued a

current and valid driver's license or Social Security number, a

copy of a document that satisfies paragraph (2).]

(1) In the case of an elector who appears to vote under

section 1210:

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(i) One of the following forms of photo identification that

shows a photo of the elector, the name of the elector to whom

the document was issued and the name substantially matches the

name of the elector as it appears in the district register:

(A) A driver's license or identification card issued by the

Commonwealth or an agency thereof.

(B) A document issued by the Federal Government or by a

federally recognized tribal government.

United States or their reserve components, including the

Pennsylvania National Guard, establishing that the elector is a

current member of or veteran of the United States Armed Forces

or national guard.

(D) A document issued by a county, municipality or school

district of this Commonwealth.

(E) A firearm permit.

(F) A student identification card.

(G) An employee identification card issued by a private or

public employer.

(ii) If an elector does not have photo identification as

provided for in subparagraph (i), the elector may present to the

election officer for examination one of the following forms of

identification that contains the elector's name and the name

substantially matches the name of the elector as it appears in

the district register:

(A) In the case of an elector who has a religious objection

to being photographed, a without-photo driver's license or a

without-photo identification card issued by the Commonwealth.

(B) A document issued by the Commonwealth, or an agency,

county, municipality or school district of this Commonwealth,

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including a voter identification card issued in accordance with

25 Pa.C.S. § 1328(c) (relating to approval of registration

applications).

federally recognized tribal government.

(D) A document from a care facility in this Commonwealth.

(E) A utility bill, including a bill from a cellular

telecommunications provider.

(F) A bank statement.

(G) A paycheck or paystub.

(H) A government check.

(I) A proof of insurance document.

(J) A tax filing or document.

(K) A registration, fee statement or transcript from an

institution of higher education.

(L) A mortgage document.

(M) A residential lease.

(iii) An elector who is unable to provide a form of

identification under subparagraph (i) or (ii) may present a

qualified elector of the election district who can vouch for the

elector's identity. The elector and voucher shall sign an

affirmation affirming the name of the elector and that the

voucher personally knows the elector. An election official shall

confirm that the name provided in the affirmation substantially

matches the name of the elector as it appears in the district

which shall include disclosure of the penalties under section

1802.

(iv) An elector who is unable to provide a form of

identification under subparagraph (i) or (ii) or a voucher under

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subparagraph (iii) may provide a form, prescribed by the

Secretary of the Commonwealth and provided to the elector by an

election officer, on which the elector shall print their name

and address, and affirm their identity. An election officer

shall confirm that the name provided in the affirmation

substantially matches the name of the elector as it appears in

the district register. The affirmation shall include a

disclosure of the penalties under section 1802.

* * *

Section 206. Requirements Relating to Voter

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

prepare and disseminate information to the public regarding the

proof of identification requirements established under sections

1210 and 1302.

[(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 statement signed

by the elector declaring under oath or affirmation that the

elector does not possess proof of identification as defined in

section 102(z.5)(2) and requires proof of identification for

voting purposes.

of the statement 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

A02365 - 6 -

of identification cards under subsection (b).]

Section 603. General Primary; Candidates to Be Nominated and

Party Officers to Be Elected.--(a) There shall be a General

primary preceding each general election which shall be held on

the third Tuesday of May in all even-numbered years, except in

the year of the nomination of a President of the United States,

in which year the General primary shall be held on the fourth

Tuesday of April. Candidates for all offices to be filled at the

ensuing general election shall be nominated at the General

primary. The vote for candidates for the office of President of

the United States, as provided for by this act, shall be cast at

the General primary.

(b.1) Notwithstanding subsection (a), the General primary

for 2000 shall be held on April 4, 2000.

primary for 2024 shall be held on March 19, 2024.

SECTION 908. MANNER OF SIGNING NOMINATION PETITIONS; TIME OF

CIRCULATING.--

(1) EACH SIGNER OF A NOMINATION PETITION SHALL SIGN BUT ONE

SUCH PETITION FOR EACH OFFICE TO BE FILLED, AND SHALL DECLARE

THEREIN THAT HE IS A REGISTERED AND ENROLLED MEMBER OF THE PARTY

DESIGNATED IN SUCH PETITION: PROVIDED, HOWEVER, THAT WHERE THERE

ARE TO BE ELECTED TWO OR MORE PERSONS TO THE SAME OFFICE, EACH

SIGNER MAY SIGN PETITIONS FOR AS MANY CANDIDATES FOR SUCH OFFICE

AS, AND NO MORE THAN, HE COULD VOTE FOR AT THE SUCCEEDING

ELECTION. HE SHALL ALSO DECLARE THEREIN THAT HE IS A QUALIFIED

ELECTOR OF THE COUNTY THEREIN NAMED, AND IN CASE THE NOMINATION

IS NOT TO BE MADE OR CANDIDATES ARE NOT TO BE ELECTED BY THE

ELECTORS OF THE STATE AT LARGE, OF THE POLITICAL DISTRICT

THEREIN NAMED, IN WHICH THE NOMINATION IS TO BE MADE OR THE

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ELECTION IS TO BE HELD. HE SHALL ADD HIS ADDRESS WHERE HE IS

DULY REGISTERED AND ENROLLED, GIVING CITY, BOROUGH OR TOWNSHIP,

WITH STREET AND NUMBER, IF ANY, AND SHALL LEGIBLY PRINT HIS NAME

AND ADD THE DATE OF SIGNING, EXPRESSED IN WORDS OR NUMBERS:

PROVIDED, HOWEVER, THAT IF THE SAID POLITICAL DISTRICT NAMED IN

THE PETITION LIES WHOLLY WITHIN ANY CITY, BOROUGH OR TOWNSHIP,

OR IS COEXTENSIVE WITH SAME, IT SHALL NOT BE NECESSARY FOR ANY

SIGNER OF A NOMINATION PETITION TO STATE THEREIN THE CITY,

BOROUGH OR TOWNSHIP OF HIS RESIDENCE. [NO]

(2) EXCEPT AS PROVIDED UNDER PARAGRAPH (3), NO NOMINATION

PETITION SHALL BE CIRCULATED PRIOR TO THE THIRTEENTH TUESDAY

BEFORE THE PRIMARY, AND NO SIGNATURE SHALL BE COUNTED UNLESS IT

BEARS A DATE AFFIXED NOT EARLIER THAN THE THIRTEENTH TUESDAY NOR

LATER THAN THE TENTH TUESDAY PRIOR TO THE PRIMARY.

(3) FOR THE GENERAL PRIMARY ELECTION THAT OCCURS IN 2024, NO

NOMINATION PETITION SHALL BE CIRCULATED PRIOR TO THE ELEVENTH

TUESDAY BEFORE THE PRIMARY AND NO SIGNATURE SHALL BE COUNTED

UNLESS IT BEARS A DATE AFFIXED NOT EARLIER THAN THE ELEVENTH

TUESDAY NOR LATER THAN THE EIGHTH TUESDAY PRIOR TO THE PRIMARY.

SECTION 913. PLACE AND TIME OF FILING NOMINATION PETITIONS;

FILING FEES.--* * *

[(D) ALL] (D) (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2),

ALL NOMINATION PETITIONS SHALL BE FILED ON OR BEFORE THE TENTH

TUESDAY PRIOR TO THE PRIMARY.

(2) FOR THE GENERAL PRIMARY ELECTION THAT OCCURS IN 2024,

ALL NOMINATION PETITIONS SHALL BE FILED ON OR BEFORE THE EIGHTH

TUESDAY PRIOR TO THE PRIMARY.

* * *

Section 2. This act shall take effect immediately.

Section 1.1. Section 1210(a) and (a.2) of the act are

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amended and the section is amended by adding a subsection to

read:

Section 1210. Manner of Applying to Vote; Persons Entitled

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

primary and election each elector who appears to vote and who

desires to vote shall first present to an election officer proof

of identification.

The election officer shall examine the proof of identification

presented by the elector and sign an affidavit stating that this

has been done.

(a.2) If any of the following apply, the elector shall be

permitted to cast a provisional ballot in accordance with

subsection (a.4):

(1) The elector is unable to produce proof of

identification:

(i) on the grounds that the elector is indigent and unable

to obtain proof of identification without the payment of a fee;

(ii) on any other grounds.

(2) The elector's proof of identification is challenged by

the judge of elections.] At every primary and election each

elector who appears to vote in person shall first present proof

of identification to an election officer. The election officer

shall examine the proof of identification and sign an affidavit

stating that this has been done.

(a.1) If an elector is unable to produce proof of

identification, the elector shall be permitted to cast a

provisional ballot in accordance with subsection (a.4).

* * *

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Section 1.2. Section 1308(h) of the act is amended to read:

Section 1308. Canvassing of Official Absentee Ballots and

Mail-in Ballots.--* * *

(h) For those absentee ballots or mail-in ballots for which

proof of identification has not been received or could not be

verified:

(1) Within twenty-four (24) hours of a finding under this

subparagraph, the county board of elections shall notify the

voter by email, telephone or text message of the missing proof

of identification and shall provide instructions on how to

submit a form of identification to the county board that meets

the requirements of section 102(z.5)(1)(i) and (ii) via email,

text message, facsimile, mail or in person.

(2) If the proof of identification is received and verified

prior to the sixth calendar day following the election, then the

county board of elections shall canvass the absentee ballots and

mail-in ballots under this subsection in accordance with

subsection (g)(2).

(3) If an elector fails to provide proof of identification

[that can be verified by] to the county board of elections by

the sixth calendar day following the election, then the absentee

ballot or mail-in ballot shall not be counted.

* * *

Section 2. The amendment or addition of sections 102(z.5),

206, 1210(a), (a.1) and (a.2) and 1308(h) shall not apply to an

election occurring before the 2025 primary election.

Section 3. This act shall take effect as follows:

(1) The amendment or addition of sections 102(z.5), 206,

1210(a), (a.1) and (a.2) and 1308(h) shall take effect on

January 1, 2025.

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(2) The remainder of this act shall take effect

immediately.

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