An Act providing for secure and fair elections and the authentication of United States citizenship.

PRINTER'S NO. 229
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 284
Session of
2025
INTRODUCED BY MALONEY, M. BROWN, HAMM, KAUFFMAN, KUZMA AND
ZIMMERMAN, JANUARY 23, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 2025
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 this Commonwealth seeking to
register to vote in Federal, State and local elections under
this act.
"Application." As follows:
(1) The form approved by the secretary to register an
applicant to vote under this act.
(2) The National Mail Voter Registration Form issued as
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provided under Federal law shall be accepted as an
application.
"Board." The State Election Board established under section
4(a).
"Department." The Department of State of the Commonwealth.
"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.
(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
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county board of elections or the secretary, 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
citizenship issued by the Federal Government under the
Immigration and Nationality Act (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 board
assesses the information or documentation as satisfactory.
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"Secretary." The Secretary of the Commonwealth.
Section 3. Registration.
(a) Applications generally.--Applications, promulgated by
the secretary, 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.
(b) Process to assess eligibility.--
(1) The secretary 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.
(2) This section shall be interpreted and applied in
accordance with Federal law.
(3) An eligible applicant whose qualifications have been
assessed and deemed sufficient shall not be denied
registration.
(c) Acceptance of applications and evidence of
citizenship.--
(1) The county board of elections or the department
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 department has otherwise obtained,
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satisfactory evidence of United States citizenship.
(2) Satisfactory evidence of United States citizenship
shall be provided:
(i) in person at the time of filing the application
for registration;
(ii) by including with a mailed registration
application a photocopy of one of the documents listed as
evidence of United States citizenship; or
(iii) by electronically transmitting via email or
text message an image of one of the documents listed as
evidence of United States citizenship.
(3) 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.
(d) Provisional status.--
(1) 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.
(2) The county board of elections shall:
(i) indicate the information under paragraph (1) in
the individual's permanent voter file; and
(ii) mail to the applicant a notice informing the
applicant that:
(A) the registration is provisional and is not
yet completed; and
(B) evidence of citizenship must be received by
the secretary or county board of elections within 90
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days of the date that the application for
registration was received.
(3) If no evidence of citizenship is received by the
date under paragraph (2)(ii)(B):
(i) the application shall be deleted from the
individual's permanent voter file; and
(ii) the applicant shall be notified of the deletion
by the county board of elections.
(4) The deletion of the application under paragraph (3)
(i) shall not prevent the applicant from filing a new
application at any time to begin the registration process
again.
(e) Obtaining evidence of citizenship.--
(1) The secretary or the county board of elections
shall, in a manner designated by the secretary, 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 this Commonwealth.
(iii) Obtaining an official record of United States
citizenship from another state or from the Federal
Government.
(2) If the secretary 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
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period described in subsection (d), the secretary 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.
(f) Prior registration.--An individual who is registered to
vote in this Commonwealth on the effective date of this
subsection is deemed to have provided satisfactory evidence of
United States citizenship and shall not be required to submit
evidence of United States citizenship.
(g) Registration from another state.--For the purposes of
this section, proof of voter registration from another state is
not satisfactory evidence of United States citizenship.
(h) Relocation and modification of records.--A registered
voter who moves from one residence to 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.
(i) Affidavits.--
(1) 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:
(i) stating any inconsistency related to the name or
sex and the reason for the inconsistency; and
(ii) swearing under oath that, despite the
inconsistency, the applicant is the individual reflected
in the document provided as evidence of United States
citizenship.
(2) There may not be an inconsistency between the date
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of birth on the document provided as evidence of United
States citizenship and the date of birth provided on the
application for registration.
(3) If an affidavit of identification is submitted by
the applicant, the secretary or county board of elections
shall assess the eligibility of the applicant without regard
to any inconsistency stated in the affidavit.
(j) Confidentiality.--All documents submitted as evidence of
United States citizenship shall be kept confidential by the
secretary or county board of elections and maintained as
provided by record retention laws.
(k) Other methods of obtaining evidence of citizenship.--
Nothing in this section shall prohibit an applicant from
providing, or the secretary 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 or county board of elections as required by this
section and within the 90-day period described in subsection
(d).
Section 4. State Election Board.
(a) Establishment.--The State Election Board is established
within the department.
(b) Composition.--The board shall consist of the Lieutenant
Governor, the Attorney General and the secretary.
(c) Meetings and assessments.--
(1) The board shall meet at the call of the secretary
and shall assess information or documentation provided by any
applicant for voter registration as evidence of United States
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citizenship under the voter registration requirements of this
act.
(2) Meetings of the board may occur remotely, virtually
or by telephone, at the discretion of the secretary.
Section 5. Procedures.
(a) Authorization regarding other evidence to demonstrate
citizenship.--If an applicant is a United States citizen but
cannot provide satisfactory evidence of United States
citizenship, the applicant may submit other evidence, including
any information, affidavits or documentation, that the applicant
believes demonstrates the applicant's United States citizenship.
(b) Submittal of evidence.--
(1) An applicant seeking an assessment of evidence under
this section may directly contact the department by
submitting a voter registration application or the National
Mail Voter Registration Form and any supporting information
or evidence of United States citizenship.
(2) Upon receipt of the information or documentation
under paragraph (1), the secretary shall notify the
appropriate county board of elections that the application is
pending.
(c) Hearing.--
(1) 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.
(2) Notice of the hearing shall be given to the
applicant at least five days prior to the hearing date.
(3) An applicant shall have the opportunity to be
represented by counsel at the hearing.
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(d) Assessment and determination.--
(1) 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.
(2) A decision of the county board of elections shall be
determined by a majority vote of the county board of
elections.
(3) 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.
(4) 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
this act to provide satisfactory evidence of United States
citizenship.
(5) 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.
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Section 6. Birth certificates and identification cards.
(a) Birth certificates.--
(1) The Division of Vital Records may 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.
(2) To obtain the certificate under paragraph (1), the
individual must swear under oath in an affidavit that the
individual:
(i) plans to register to vote in this Commonwealth;
and
(ii) does not possess any of the documents that
constitute evidence of United States citizenship.
(3) The affidavit under this subsection shall
specifically list the documents that constitute evidence of
United States citizenship as defined in this act.
(b) Identification cards.--
(1) The Division of Vital Records may 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 the purpose of obtaining a fee-waived
nondriver identification card in order to meet the voting
requirements under this act.
(2) To obtain the certificate under paragraph (1), the
individual shall swear under oath that the individual:
(i) is registered to vote in this Commonwealth; and
(ii) has executed the affidavit under subsection
(a).
(c) Transmittal fee.--The board of commissioners of each
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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 or
promulgate rules or regulations in order to implement the
provisions of this section.
Section 7. Rules and regulations.
The department shall adopt or promulgate rules or regulations
necessary to implement and administer 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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