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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 20250HB0284PN0229 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250HB0284PN0229 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "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, 20250HB0284PN0229 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB0284PN0229 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB0284PN0229 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB0284PN0229 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 b oard 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 20250HB0284PN0229 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250HB0284PN0229 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (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. 20250HB0284PN0229 - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB0284PN0229 - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250HB0284PN0229 - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21