HB 771 — 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 requirements relating to voter identification; 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.

PRINTER'S NO.    991

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 771
                                               Session of
                                                 2025

     INTRODUCED BY MEHAFFIE, BURNS, GAYDOS, GREINER, KOZAK, KUZMA,
        LABS, M. MACKENZIE, NEILSON, PICKETT, PUGH, STAATS AND
        TOMLINSON, MARCH 17, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 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 requirements relating to voter identification;
14      in preparation for and conduct of primaries and elections,
15      further providing for manner of applying to vote, persons
16      entitled to vote, voter's certificates, entries to be made in
17      district register, numbered lists of voters and challenges;
18      and, in voting by qualified absentee electors, further
19      providing for canvassing of official absentee ballots and
20      mail-in ballots.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Sections 102(z.5) and 206 of the act of June 3,
24   1937 (P.L.1333, No.320), known as the Pennsylvania Election
25   Code, are amended to read:
26      Section 102.    Definitions.--The following words, when used in
 1   this act, shall have the following meanings, unless otherwise
 2   clearly apparent from the context:
 3      * * *
 4      (z.5)    The words "proof of identification" shall mean:
 5      [(1)    In the case of an elector who has a religious objection
 6   to being photographed, a valid-without-photo driver's license or
 7   a valid-without-photo identification card issued by the
 8   Department of Transportation.
 9      (2)    For an elector who appears to vote under section 1210, a
10   document that:
11      (i)    shows the name of the individual to whom the document
12   was issued and the name substantially conforms to the name of
13   the individual as it appears in the district register;
14      (ii)    shows a photograph of the individual to whom the
15   document was issued;
16      (iii)    includes an expiration date and is not expired,
17   except:
18      (A)    for a document issued by the Department of
19   Transportation which is not more than twelve (12) months past
20   the expiration date; or
21      (B)    in the case of a document from an agency of the Armed
22   forces of the United States or their reserve components,
23   including the Pennsylvania National Guard, establishing that the
24   elector is a current member of or a veteran of the United States
25   Armed Forces or National Guard which does not designate a
26   specific date on which the document expires, but includes a
27   designation that the expiration date is indefinite; and
28      (iv)    was issued by one of the following:
29      (A)    The United States Government.
30      (B)    The Commonwealth of Pennsylvania.

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 1      (C)    A municipality of this Commonwealth to an employee of
 2   that municipality.
 3      (D)    An accredited Pennsylvania public or private institution
 4   of higher learning.
 5      (E)    A Pennsylvania care facility.
 6      (3)    For a qualified absentee elector under section 1301 or a
 7   qualified mail-in elector under section 1301-D:
 8      (i)    in the case of an elector who has been issued a current
 9   and valid driver's license, the elector's driver's license
10   number;
11      (ii)    in the case of an elector who has not been issued a
12   current and valid driver's license, the last four digits of the
13   elector's Social Security number;
14      (iii)    in the case of an elector who has a religious
15   objection to being photographed, a copy of a document that
16   satisfies paragraph (1); or
17      (iv)    in the case of an elector who has not been issued a
18   current and valid driver's license or Social Security number, a
19   copy of a document that satisfies paragraph (2).]
20      (1)    In the case of an elector who appears to vote under
21   section 1210:
22      (i)    One of the following forms of photo identification that
23   shows a photo of the elector, the name of the elector to whom
24   the document was issued and the name substantially matches the
25   name of the elector as it appears in the district register:
26      (A)    A driver's license or identification card issued by the
27   Commonwealth or an agency thereof.
28      (B)    A document issued by the Federal Government or by a
29   federally recognized tribal government.
30      (C)    A document from an agency of the armed forces of the

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 1   United States or their reserve components, including the
 2   Pennsylvania National Guard, establishing that the elector is a
 3   current member of or veteran of the United States Armed Forces
 4   or national guard.
 5      (D)    A document issued by a county, municipality or school
 6   district of this Commonwealth.
 7      (E)    A firearm permit.
 8      (F)    A student identification card.
 9      (G)    An employee identification card issued by a private or
10   public employer.
11      (ii)    If an elector does not have photo identification as
12   provided for in subparagraph (i), the elector may present to the
13   election officer for examination one of the following forms of
14   identification that contains the elector's name and the name
15   substantially matches the name of the elector as it appears in
16   the district register:
17      (A)    In the case of an elector who has a religious objection
18   to being photographed, a without-photo driver's license or a
19   without-photo identification card issued by the Commonwealth.
20      (B)    A document issued by the Commonwealth, or an agency,
21   county, municipality or school district of this Commonwealth,
22   including a voter identification card issued in accordance with
23   25 Pa.C.S. § 1328(c) (relating to approval of registration
24   applications).
25      (C)    A document issued by the Federal Government or by a
26   federally recognized tribal government.
27      (D)    A document from a care facility in this Commonwealth.
28      (E)    A utility bill, including a bill from a cellular
29   telecommunications provider.
30      (F)    A bank statement.

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 1      (G)    A paycheck or paystub.
 2      (H)    A government check.
 3      (I)    A proof of insurance document.
 4      (J)    A tax filing or document.
 5      (K)    A registration, fee statement or transcript from an
 6   institution of higher education.
 7      (L)    A mortgage document.
 8      (M)    A residential lease.
 9      (iii)   An elector who is unable to provide a form of
10   identification under subparagraph (i) or (ii) may present a
11   qualified elector of the election district who can vouch for the
12   elector's identity. The elector and voucher shall sign an
13   affirmation affirming the name of the elector and that the
14   voucher personally knows the elector. An election official shall
15   confirm that the name provided in the affirmation substantially
16   matches the name of the elector as it appears in the district
17   register. The secretary shall prescribe the form of affirmation
18   which shall include disclosure of the penalties under section
19   1802.
20      (iv)    An elector who is unable to provide a form of
21   identification under subparagraph (i) or (ii) or a voucher under
22   subparagraph (iii) may provide a form, prescribed by the
23   Secretary of the Commonwealth and provided to the elector by an
24   election officer, on which the elector shall print their name
25   and address, and affirm their identity. An election officer
26   shall confirm that the name provided in the affirmation
27   substantially matches the name of the elector as it appears in
28   the district register. The affirmation shall include a
29   disclosure of the penalties under section 1802.
30      * * *

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 1      Section 206.    Requirements Relating to Voter
 2   Identification.--(a)    The Secretary of the Commonwealth shall
 3   prepare and disseminate information to the public regarding the
 4   proof of identification requirements established under sections
 5   1210 and 1302.
 6      [(b)   Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)
 7   (relating to issuance and content of driver's license) to the
 8   contrary, the Department of Transportation shall issue an
 9   identification card described in 75 Pa.C.S. § 1510(b) at no cost
10   to any registered elector who has made application therefor and
11   has included with the completed application a statement signed
12   by the elector declaring under oath or affirmation that the
13   elector does not possess proof of identification as defined in
14   section 102(z.5)(2) and requires proof of identification for
15   voting purposes.
16      (c)    The Secretary of the Commonwealth shall prepare the form
17   of the statement described in subsection (b) and shall
18   distribute the form to the counties and the Department of
19   Transportation. The Secretary of the Commonwealth, the Secretary
20   of Transportation and the county boards of election shall
21   disseminate information to the public regarding the availability
22   of identification cards under subsection (b).]
23      Section 2.    Section 1210(a) and (a.2) of the act are amended
24   and the section is amended by adding a subsection to read:
25      Section 1210.     Manner of Applying to Vote; Persons Entitled
26   to Vote; Voter's Certificates; Entries to Be Made in District
27   Register; Numbered Lists of Voters; Challenges.--(a)    [At every
28   primary and election each elector who appears to vote and who
29   desires to vote shall first present to an election officer proof
30   of identification.

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 1   The election officer shall examine the proof of identification
 2   presented by the elector and sign an affidavit stating that this
 3   has been done.
 4        (a.2)    If any of the following apply, the elector shall be
 5   permitted to cast a provisional ballot in accordance with
 6   subsection (a.4):
 7        (1)    The elector is unable to produce proof of
 8   identification:
 9        (i)    on the grounds that the elector is indigent and unable
10   to obtain proof of identification without the payment of a fee;
11   or
12        (ii)    on any other grounds.
13        (2)    The elector's proof of identification is challenged by
14   the judge of elections.] At every primary and election each
15   elector who appears to vote in person shall first present proof
16   of identification to an election officer. The election officer
17   shall examine the proof of identification and sign an affidavit
18   stating that this has been done.
19        (a.1)    If an elector is unable to produce proof of
20   identification, the elector shall be permitted to cast a
21   provisional ballot in accordance with subsection (a.4).
22        * * *
23        Section 3.    Section 1308(h) of the act is amended to read:
24        Section 1308.    Canvassing of Official Absentee Ballots and
25   Mail-in Ballots.--* * *
26        (h)    For those absentee ballots or mail-in ballots for which
27   proof of identification has not been received or could not be
28   verified:
29        (1)    Within twenty-four (24) hours of a finding under this
30   subsection, the county board of elections shall notify the voter

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 1   by email, telephone or text message of the missing proof of
 2   identification and shall provide instructions on how to submit a
 3   form of identification to the county board that meets the
 4   requirements of section 102(z.5)(1)(i) and (ii) via email, text
 5   message, facsimile, mail or in person.
 6      (2)   If the proof of identification is received and verified
 7   prior to the sixth calendar day following the election, then the
 8   county board of elections shall canvass the absentee ballots and
 9   mail-in ballots under this subsection in accordance with
10   subsection (g)(2).
11      (3)   If an elector fails to provide proof of identification
12   [that can be verified by] to the county board of elections by
13   the sixth calendar day following the election, then the absentee
14   ballot or mail-in ballot shall not be counted.
15      * * *
16      Section 4.   This act shall not apply to elections held prior
17   to the 2027 primary election.
18      Section 5.   This act shall take effect January 1, 2027.




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