HB 759 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; in the Secretary of the Commonwealth, further providing for powers and duties of the Secretary of the Commonwealth; and, in county boards of elections, further providing for powers and duties of county boards.

PRINTER'S NO.   783

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 759
                                               Session of
                                                 2025

     INTRODUCED BY OWLETT, ECKER, KUTZ, HAMM, MARCELL, PICKETT,
        KUZMA, ANDERSON, REICHARD, STAATS, KAUFFMAN, SMITH, WATRO,
        M. MACKENZIE, KENYATTA, GROVE, LEADBETER AND COOPER,
        MARCH 3, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 3, 2025


                                    AN ACT
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in preliminary provisions, further providing for
12      definitions; in the Secretary of the Commonwealth, further
13      providing for powers and duties of the Secretary of the
14      Commonwealth; and, in county boards of elections, further
15      providing for powers and duties of county boards.
16      The General Assembly of the Commonwealth of Pennsylvania
17   hereby enacts as follows:
18      Section 1.    Section 102(z.5) of the act of June 3, 1937
19   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
20   amended to read:
21      Section 102.    Definitions.--The following words, when used in
22   this act, shall have the following meanings, unless otherwise
23   clearly apparent from the context:
 1      * * *
 2      (z.5)    The words "proof of identification" shall mean:
 3      [(1)    In the case of an elector who has a religious objection
 4   to being photographed, a valid-without-photo driver's license or
 5   a valid-without-photo identification card issued by the
 6   Department of Transportation.
 7      (2)    For an elector who appears to vote under section 1210, a
 8   document that:
 9      (i)    shows the name of the individual to whom the document
10   was issued and the name substantially conforms to the name of
11   the individual as it appears in the district register;
12      (ii)    shows a photograph of the individual to whom the
13   document was issued;
14      (iii)    includes an expiration date and is not expired,
15   except:
16      (A)    for a document issued by the Department of
17   Transportation which is not more than twelve (12) months past
18   the expiration date; or
19      (B)    in the case of a document from an agency of the Armed
20   forces of the United States or their reserve components,
21   including the Pennsylvania National Guard, establishing that the
22   elector is a current member of or a veteran of the United States
23   Armed Forces or National Guard which does not designate a
24   specific date on which the document expires, but includes a
25   designation that the expiration date is indefinite; and
26      (iv)    was issued by one of the following:
27      (A)    The United States Government.
28      (B)    The Commonwealth of Pennsylvania.
29      (C)    A municipality of this Commonwealth to an employee of
30   that municipality.

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 1      (D)    An accredited Pennsylvania public or private institution
 2   of higher learning.
 3      (E)    A Pennsylvania care facility.
 4      (3)    For a qualified absentee elector under section 1301 or a
 5   qualified mail-in elector under section 1301-D:
 6      (i)    in the case of an elector who has been issued a current
 7   and valid driver's license, the elector's driver's license
 8   number;
 9      (ii)    in the case of an elector who has not been issued a
10   current and valid driver's license, the last four digits of the
11   elector's Social Security number;
12      (iii)     in the case of an elector who has a religious
13   objection to being photographed, a copy of a document that
14   satisfies paragraph (1); or
15      (iv)    in the case of an elector who has not been issued a
16   current and valid driver's license or Social Security number, a
17   copy of a document that satisfies paragraph (2).]
18      (1)    In the case of any elector, at least one of the
19   following:
20      (i)    the elector's driver's license;
21      (ii)    in the case of an elector who has a religious objection
22   to being photographed, a copy of a valid-without-photo driver's
23   license or a valid-without-photo identification card issued by
24   the Department of Transportation;
25      (iii)     the elector's voter registration card with scannable
26   identification number and a copy of the elector's signature, as
27   issued by a county under section 302;
28      (iv)    a document from an agency of the armed forces of the
29   United States or their reserve components, including the
30   Pennsylvania National Guard, establishing that the elector is a

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 1   current member of or a veteran of the United States Armed Forces
 2   or National Guard which does not designate a specific date on
 3   which the document expires, but includes a designation that that
 4   expiration date is indefinite;
 5      (v)    a document issued by the secretary under section 201(i);
 6      (vi)    an affidavit provided to an elector by elections
 7   officers, on which the elector shall affirm the elector's
 8   identity, including the elector's signature and the last four
 9   digits of the elector's Social Security number. The affidavit
10   shall include disclosure of the penalties under section 1802; or
11      (vii)     a document that shows the name and photograph of the
12   individual to whom the document was issued, includes an
13   expiration date and is not expired and is issued by one of the
14   following:
15      (A)    The United States Government.
16      (B)    The Commonwealth of Pennsylvania.
17      (C)    A municipality of this Commonwealth to an employe of
18   that municipality.
19      (D)    An accredited public or private institution of higher
20   learning located in this Commonwealth.
21      (E)    A care facility located in this Commonwealth.
22      (2)    (Reserved).
23      * * *
24      Section 2.    Sections 201 and 302 of the act are amended by
25   adding subsections to read:
26      Section 201.    Powers and Duties of the Secretary of the
27   Commonwealth.--The Secretary of the Commonwealth shall exercise
28   in the manner provided by this act all powers granted to him by
29   this act, and shall perform all the duties imposed upon him by
30   this act, which shall include the following:

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 1      * * *
 2      (i)   To provide to any registered elector upon request, and
 3   free of charge, a durable photo identification card which may be
 4   used for the purposes of voting.
 5      Section 302.   Powers and Duties of County Boards.--The county
 6   boards of elections, within their respective counties, shall
 7   exercise, in the manner provided by this act, all powers granted
 8   to them by this act, and shall perform all the duties imposed
 9   upon them by this act, which shall include the following:
10      * * *
11      (q)   To provide to each registered elector in a county,
12   within one year of the effective date of this subsection and
13   upon new or updated registration after the effective date of
14   this subsection, or at the request of an elector, a durable
15   voter registration card, including a scannable identification
16   code and a likeness of a registered elector's signature. A
17   county board of elections shall investigate the circumstances of
18   any registration card returned as undeliverable by the United
19   States Postal Service. The investigation shall include
20   contacting the applicant, further attempts to have the
21   applicant's registration card delivered and the correction or
22   reconsideration of the applicant's registration status and
23   registered address, if found to be incorrect.
24      Section 3.   This act shall take effect in 60 days.




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