PRINTER'S NO. 118
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 141
Session of
2021
INTRODUCED BY HUGHES, KEARNEY, COLLETT, FONTANA, STREET,
SANTARSIERO, MUTH, BLAKE, TARTAGLIONE, SCHWANK, BREWSTER,
CAPPELLETTI AND COMITTA, JANUARY 28, 2021
REFERRED TO STATE GOVERNMENT, JANUARY 28, 2021
AN ACT
1 Amending Title 25 (Elections) of the Pennsylvania Consolidated
2 Statutes, in preliminary provisions, further providing for
3 definitions; in registration system, further providing for
4 departmental responsibilities and for SURE system; in voter
5 registration, further providing for methods of voter
6 registration and for application with driver's license
7 application, providing for Commonwealth agencies and other
8 entities and further providing for preparation and
9 distribution of applications and for approval of registration
10 applications; and providing for privacy and security
11 standards for voter registration in this Commonwealth.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definitions of "applicant," "registration
15 card" and "registration records" in section 1102 of Title 25 of
16 the Pennsylvania Consolidated Statutes are amended and the
17 section is amended by adding a definition to read:
18 § 1102. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this part which are applicable to specific
21 provisions of this part, the following words and phrases when
22 used in this part shall have the meanings given to them in this
 1 section unless the context clearly indicates otherwise:
2 "Applicant." An individual who is automatically registered
3 or who applies to be registered to vote as provided for in this
4 part.
5 * * *
6 "Employment or program application." All of the following:
7 (1) An application for employment filed with any of the
8 following:
9 (i) The Bureau of State Employment.
10 (ii) An independent agency of this Commonwealth.
11 (iii) The State Civil Service Commission.
12 (2) An application for any financial assistance,
13 compensation, benefit or service available, offered or to
14 which the individual is entitled pursuant to any program
15 administered by the following:
16 (i) The Department of Aging.
17 (ii) The Department of Health.
18 (iii) The Department of Human Services.
19 (iv) The Insurance Department.
20 (v) The Department of Labor and Industry.
21 (vi) The Department of Military and Veterans
22 Affairs.
23 (vii) The Department of Revenue.
24 (viii) The Treasury Department.
25 (ix) The Pennsylvania Housing Finance Agency.
26 (x) Any other offices in this Commonwealth that
27 provide public assistance or that provide State-funded
28 programs primarily engaged in providing services to low-
29 income individuals, the elderly or individuals with
30 disabilities.
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 1 (3) An application for admission to a State-owned or
2 State-related institution of higher education in this
3 Commonwealth.
4 (4) An application for financial assistance filed with
5 the Pennsylvania Higher Education Assistance Agency.
6 * * *
7 "Registration card." A registration record, including an
8 electronic record, containing all information required on the
9 registration application, including the elector's signature or
10 electronic signature, and suitable space for the insertion by
11 the appropriate official of the following information:
12 (1) The ward and election district of residence.
13 (2) The registrant's street address.
14 (3) Data required to be given upon removal from the
15 registrant's residence.
16 (4) The date of each election at which the registrant
17 votes.
18 (5) The number and letter of the stub of the ballot
19 issued to the registrant or the registrant's number in the
20 order of admission to the voting machines.
21 (6) The initials of the election officer who enters the
22 record of voting in the district register.
23 (7) Whether the registrant needs assistance to vote and,
24 if so, the nature of the disability.
25 "Registration records." The general register, district
26 register and any other record of registration, including an
27 electronic record, maintained by a commission. The term includes
28 any record maintained by the commission on the Statewide Uniform
29 Registry of Electors.
30 * * *
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 1 Section 2. Sections 1201, 1222(c)(8), 1321 and 1323 of Title
2 25 are amended to read:
3 § 1201. Departmental responsibilities.
4 The department shall do all of the following:
5 (1) Provide for applicants to submit their voter
6 registration application to a commission, the Department of
7 Transportation and other agencies designated in section 1325
8 (relating to government agencies).
9 (2) Prescribe a procedure for the return of completed
10 voter registration applications from and the schedule by
11 which the Department of Transportation, the Department of
12 [Public Welfare] Human Services, armed forces recruitment
13 centers, Offices of the Clerk of Orphan's Court and all other
14 offices authorized under [this part to the secretary or the
15 appropriate commission.] sections 1323 (relating to automatic
16 registration with driver's license application), 1325 and
17 1325.1 (relating to Commonwealth agencies and other entities)
18 to register individuals to vote shall provide to the
19 department electronic records containing the legal name, age,
20 residence and citizenship information for, and the electronic
21 signature of, each individual who meets qualifications
22 identified by the secretary by guideline for automatic
23 registration.
24 (3) Develop, establish, implement and administer a
25 Statewide Uniform Registry of Electors in accordance with
26 Subchapter B (relating to Statewide Uniform Registry of
27 Electors (SURE)).
28 (4) Promulgate regulations necessary to administer this
29 part.
30 § 1222. SURE system.
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 1 * * *
2 (c) Requirements.--The SURE system shall be developed as a
3 single, uniform integrated computer system. All commissions
4 shall be connected electronically to the SURE system and shall
5 maintain their registration records in the system. The SURE
6 system shall, at a minimum, do all of the following:
7 * * *
8 (8) Provide for the electronic transfer of voter
9 registration information transmitted pursuant to section 1502
10 (relating to transfer of registration), completed voter
11 registration applications and changes of address in
12 accordance with this part.
13 * * *
14 § 1321. Methods of voter registration.
15 (a) Application.--An individual qualified to register to
16 vote under section 1301(a) (relating to qualifications to
17 register) may apply to register [as follows] in accordance with:
18 (1) [Under section] Section 1322 (relating to in-person
19 voter registration).
20 (2) [Under section] Section 1323 (relating to
21 [application] automatic registration with driver's license
22 application).
23 (3) [Under section] Section 1324 (relating to
24 application by mail).
25 (4) [Under section] Section 1325 (relating to government
26 agencies).
27 (b) Automatic registration.--An individual qualified to
28 register to vote under section 1301(a) who applies for or uses
29 government services pursuant to section 1323 or 1325.1 (relating
30 to Commonwealth agencies and other entities) shall be registered
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 1 automatically unless an individual chooses not to register
2 automatically as provided for in this chapter.
3 § 1323. [Application] Automatic registration with driver's
4 license application.
5 (a) General rule.--
6 (1) The Department of Transportation shall provide for
7 simultaneous [application for] voter registration in
8 conjunction with the process under 75 Pa.C.S. § 1510
9 (relating to issuance and content of driver's license). An
10 application under this subsection shall serve as an
11 application to register to vote unless the applicant fails to
12 sign the voter registration application.
13 (1.1) The secretary shall prescribe a procedure and
14 schedule by which the Department of Transportation shall
15 collect voter information and provide to the department
16 electronic registration records containing the legal name,
17 age, residence and the electronic signature of each
18 individual who reports being a citizen of the United States,
19 is subject to penalties under 18 Pa.C.S. § 4904 (relating to
20 unsworn falsification to authorities) and meets
21 qualifications identified by the secretary. The secretary has
22 the primary responsibility for implementing and enforcing the
23 driver's license voter registration system created under this
24 section. The secretary, in consultation with the Secretary of
25 Transportation, may promulgate regulations for implementing
26 this section.
27 (1.2) Upon receiving the electronic registration record
28 for, and electronic signature of, an individual described in
29 paragraph (1.1), the secretary shall provide the information
30 to the commission in which the individual may be registered
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 1 as an elector under the laws of this Commonwealth and under
2 the National Voter Registration Act of 1993 (Public Law 103-
3 31, 52 U.S.C. § 20501 et seq.). The commission shall provide
4 each individual with the process to:
5 (i) Decline being registered as a voter.
6 (ii) Adopt a political party affiliation, along with
7 information as to which elections require a political
8 party affiliation for participation.
9 (1.3) If an individual notified under paragraph (1.2)
10 does not decline to be registered as an elector within 21
11 calendar days after the commission issues the notification,
12 the individual's electronic registration record and
13 electronic signature submitted under paragraph (1.1) shall
14 constitute a completed voter registration application for
15 purposes of this chapter. The individual shall be registered
16 to vote if the individual is eligible to vote under the laws
17 of this Commonwealth and is not already registered to vote.
18 (1.4) An individual notified under paragraph (1.2) who
19 does not decline to be registered as an elector within 21
20 calendar days after the commission issues the notification
21 and does not adopt a political party affiliation shall be
22 required to adopt a political party affiliation prior to
23 voting at the next primary election at which the individual
24 exercises his or her right to vote. If no such political
25 affiliation is adopted, an individual shall be permitted to
26 vote at the next election that does not require a political
27 party affiliation to participate.
28 (1.5) A commission may not send a ballot to, or add to
29 an elector registration list, an individual who does not have
30 a completed registration under paragraph (1.2).
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 1 (2) An application for voter registration or automatic
2 registration submitted to the Department of Transportation
3 under this subsection shall be considered as updating any
4 previous voter registration information by a registrant.
5 (3) Any change of address submitted to the Department of
6 Transportation for the purposes of driver licensing or an
7 identification card under 75 Pa.C.S. § 1510 shall serve as
8 notification of change of address for voter registration for
9 the registrant involved unless the registrant indicates that
10 the change of address is not for voter registration purposes.
11 (b) Process.--
12 (1) The Department of Transportation shall both provide
13 for an application for voter registration as part of a
14 driver's license application[.] and collect voter
15 registration information as part of an application submitted
16 under 75 Pa.C.S. § 1510 by an individual who meets the
17 qualifications to register under section 1301(a) (relating to
18 qualifications to register).
19 (2) The format of the driver's license/voter
20 registration application and information to be collected
21 shall be determined and prescribed by the secretary and the
22 Secretary of Transportation[.] and shall include all the
23 requirements of an official voter registration application
24 specified in section 1327 (relating to preparation and
25 distribution of applications).
26 (3) The voter registration application portion of the
27 application shall contain all the requirements of an official
28 voter registration application specified in section 1327
29 [(relating to preparation and distribution of applications)].
30 The voter registration portion of the application:
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 1 (i) may not require any information that duplicates
2 information required in the driver's license portion of
3 the form, other than a second signature; and
4 (ii) may require only the minimum amount of
5 information necessary to prevent duplicate voter
6 registration, to enable the commission to assess the
7 eligibility of the applicant and to administer voter
8 registration and other parts of the election process.
9 (c) Transmission.--
10 (1) The Department of Transportation shall forward
11 completed applications or contents of the completed voter
12 registration applications in machine-readable format to the
13 department by the close of registration for the ensuing
14 election. The Department of Transportation shall forward the
15 electronic registration record containing the information set
16 forth in subsection (a)(1.1) to the secretary as prescribed
17 by section 1201(2) (relating to departmental
18 responsibilities) regarding an individual who reports being a
19 citizen of the United States, subject to penalties under 18
20 Pa.C.S. § 4904.
21 (2) [The] Upon receipt, the department shall transmit
22 the material to the appropriate commission within ten days
23 after the date of its receipt by the Department of
24 Transportation. If a voter registration application is
25 received by the Department of Transportation within five days
26 before the last day to register before an election, the
27 application shall be transmitted to the appropriate
28 commission not later than five days after the date of its
29 receipt by the Department of Transportation.
30 (3) (i) Upon receipt of the completed voter
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 1 registration information from the department, the
2 commission shall make a record of the date of the receipt
3 of the application or electronic registration record and
4 process the application. No applicant shall be deemed
5 eligible to vote until the commission has received and
6 approved the application. Upon receipt of an electronic
7 registration record from the department, the commission
8 shall notify the individual of the process to:
9 (A) Decline being registered as a voter.
10 (B) Adopt a political party affiliation, along
11 with information as to which elections require a
12 political party affiliation for participation.
13 (ii) If an individual notified under subparagraph
14 (i) does not decline to be registered as an elector
15 within 21 calendar days after the commission issues the
16 notification, the individual's electronic record and
17 electronic signature submitted under paragraph (1) shall
18 constitute a completed voter registration application for
19 purposes of this chapter. The individual shall be
20 registered to vote if the individual is eligible to vote
21 under the laws of this Commonwealth and is not already
22 registered to vote.
23 (iii) A commission may not send a ballot to, or add
24 to an elector registration list, an individual who does
25 not have a completed voter registration under
26 subparagraph (ii).
27 (3.1) After the Department of Transportation is
28 connected to the SURE system and