S0224B1097A02365 MSP:AAS 10/03/23 #90 A02365
AMENDMENTS TO SENATE BILL NO. 224
Sponsor: REPRESENTATIVE MEHAFFIE
Printer's No. 1097
Amend Bill, page 1, line 11, by inserting after "elections,""
in preliminary provisions, further providing for definitions;
in the Secretary of the Commonwealth, further providing for
requirements relating to voter identification;
Amend Bill, page 1, lines 11 and 12, by striking out " "
Amend Bill, page 1, line 17, by striking out the period after
"FEES" and inserting
; 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.
Amend Bill, page 1, lines 23 and 24; page 2, line 1; by
striking out all of said lines on said pages and inserting
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;
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(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
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.
(C) A municipality of this Commonwealth to an employee of
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:
(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.
(C) A document from an agency of the armed forces of the
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.
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(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,
including a voter identification card issued in accordance with
25 Pa.C.S. § 1328(c) (relating to approval of registration
applications).
(C) A document issued by the Federal Government or by a
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
register. The secretary shall prescribe the form of affirmation
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
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
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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.
(c) The Secretary of the Commonwealth shall prepare the form
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
of identification cards under subsection (b).]
Amend Bill, page 3, line 29, by striking out all of said line
and inserting
Section 1.1. Section 1210(a) and (a.2) of the act are
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
Register; Numbered Lists of Voters; Challenges.--(a) [At every
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;
or
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(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).
* * *
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.
(2) The remainder of this act shall take effect
immediately.
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