SB 192 — 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 qualifications of electors, further providing for rules for determining residence; in voting by qualified absentee electors, further providing for qualified absentee electors and providing for voting by absentee electors in correctional institutions; and imposing duties on the Department of State.

PRINTER'S NO.   142

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 192
                                               Session of
                                                 2025

     INTRODUCED BY STREET, KEARNEY, HAYWOOD, SAVAL AND SCHWANK,
        JANUARY 29, 2025

     REFERRED TO STATE GOVERNMENT, JANUARY 29, 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 qualifications of electors, further providing
13      for rules for determining residence; in voting by qualified
14      absentee electors, further providing for qualified absentee
15      electors and providing for voting by absentee electors in
16      correctional institutions; and imposing duties on the
17      Department of State.
18      The General Assembly of the Commonwealth of Pennsylvania
19   hereby enacts as follows:
20      Section 1.    Section 102(w)(14) and the last paragraph of
21   subsection (w) of the act of June 3, 1937 (P.L.1333, No.320),
22   known as the Pennsylvania Election Code, are amended, the
23   subsection is amended by adding a paragraph and the section is
24   amended by adding subsections to read:
25      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      (h.1)    The word "homeless" shall have the same meaning as
 5   under 42 U.S.C. § 11302 (relating to general definition of
 6   homeless individual).
 7      * * *
 8      (w)    The words "qualified absentee elector" shall mean:
 9      * * *
10      (14)    Any qualified elector who will not attend a polling
11   place because of the observance of a religious holiday[:]; or
12      (15)    Any qualified elector who is confined in a correctional
13   institution for other than a felony conviction, including those
14   convicted of misdemeanors, those undergoing pretrial confinement
15   and those in a custodial nonconviction status:
16      Provided, however, That the words "qualified absentee
17   elector" shall in nowise be construed to include persons
18   confined in [a penal institution or] a mental institution nor
19   shall it in anywise be construed to include a person not
20   otherwise qualified as a qualified elector in accordance with
21   the definition set forth in section 102(t) of this act.
22      * * *
23      (z.7)    The words "correctional institution" shall mean any
24   penal institution, penitentiary, State farm, reformatory,
25   prison, jail, house of correction, juvenile detention facility
26   or other institution located in this Commonwealth for the
27   incarceration or custody of persons under sentence for offenses
28   or awaiting trial or sentence for offenses.
29      Section 2.    Section 704 of the act is amended by adding a
30   subsection to read:

20250SB0192PN0142                   - 2 -
 1      Section 704.     Rules for Determining Residence.--In
 2   determining the residence of a person desiring to register or
 3   vote, the following rules shall be followed so far as they may
 4   be applicable:
 5      * * *
 6      (i)     The following for persons lacking a specific physical
 7   address:
 8      (1)     If a person resides in an area lacking a specific
 9   physical address or is homeless, instead of an address, the
10   person may submit a description, such as a map or the latitude
11   and longitude, indicating where the person resides, and the
12   person shall be assigned to a precinct based on the geographic
13   description of where the person resides.
14      (2)     If a person confined in a correctional institution was
15   homeless prior to confinement, the person may, instead of an
16   address, submit a description, such as a map or the latitude and
17   longitude, indicating where the person resided prior to
18   confinement, and the person shall be assigned to a precinct
19   based on the geographic description of where the person resided
20   prior to confinement.
21      (3)     The Secretary of the Commonwealth shall issue rules
22   regarding acceptable forms of nonphysical addresses.
23      Section 3.    Section 1301(n) and last paragraph of the section
24   are amended and the section is amended by adding a subsection to
25   read:
26      Section 1301.     Qualified Absentee Electors.--The following
27   persons shall be entitled to vote by an official absentee ballot
28   in any primary or election held in this Commonwealth in the
29   manner hereinafter provided:
30      * * *

20250SB0192PN0142                    - 3 -
 1      (n)    Any qualified elector who will not attend a polling
 2   place because of the observance of a religious holiday[:]; or
 3      (o)    Any qualified elector who is confined in a correctional
 4   institution for other than a felony conviction, including those
 5   convicted of misdemeanors, those undergoing pretrial confinement
 6   and those in a custodial nonconviction status:
 7      Provided, however, That the words "qualified absentee
 8   elector" shall in nowise be construed to include persons
 9   confined in [a penal institution or] a mental institution nor
10   shall it in anywise be construed to include a person not
11   otherwise qualified as a qualified elector in accordance with
12   the definition set forth in section 102(t) of this act.
13      Section 4.    The act is amended by adding a section to read:
14      Section 1306.2.    Voting by Absentee Electors in Correctional
15   Institutions.--(a)    The department, in consultation with the
16   Department of Corrections, shall establish a uniform policy for
17   civic education in correctional institutions, including, but not
18   limited to, notifications of all Federal, State, county, local
19   and primary elections. The department shall provide correctional
20   institutions with:
21      (1)    information pertaining to voter registration, absentee
22   ballots, mail-in ballots and eligibility requirements;
23      (2)    the necessary forms and applications; and
24      (3)    the necessary training for obtaining and casting a
25   ballot.
26      (b)    (1)   A correctional institution shall designate at least
27   one individual to help inmates vote. Designated individuals in a
28   correctional institution shall provide the information under
29   subsection (a) to each inmate and oversee the distribution,
30   collection and submission of voter registration applications and

20250SB0192PN0142                    - 4 -
 1   absentee ballots. The designated individual must be a staff
 2   member of the correctional institution and may not be an inmate.
 3         (2)   The secretary shall establish procedures to ensure a
 4   correctional institution establishes a policy designating at
 5   least one individual to help inmates vote, and this shall ensure
 6   that election resources and ballots are provided in multiple
 7   languages, as required by the language access needs of the
 8   correctional institution.
 9         (c)   The Department of Corrections shall promulgate
10   regulations necessary to establish procedures for a correctional
11   institution to inspect incoming voter registration applications
12   and absentee ballots for contraband. The procedures may not
13   involve opening or reading voter registration applications or
14   absentee ballots to preserve secrecy in voting.
15         (d)   The superintendent, warden or other authorized
16   individual in charge of a correctional institution shall collect
17   data that includes, but is not limited to, the following:
18         (1)   demographic information of the correctional
19   institution's inmate population;
20         (2)   the number of qualified absentee electors in the
21   correctional institution;
22         (3)   the number of inmates registered to vote;
23         (4)   the number of inmates that have applied for a ballot;
24         (5)   the number of inmates that submitted a completed ballot;
25   and
26         (6)   any other information requested by the department.
27         (e)   The superintendent, warden or other authorized
28   individual in charge of a correctional institution shall submit
29   a report of the data collected under subsection (d) to the
30   department within thirty (30) days after a general election. The

20250SB0192PN0142                     - 5 -
 1   department shall prescribe the form of the report, and shall
 2   issue guidance to implement the provisions of this section.
 3      (f)   As used in this section:
 4      "Department" shall mean the Department of State of the
 5   Commonwealth.
 6      "Inmate" shall mean an offender who is committed to, under
 7   sentence to or confined in a correctional institution. The term
 8   shall not include an offender committed under a violation of 25
 9   Pa.C.S. § 1703 (relating to application) or of this act.
10      Section 5.   This act shall take effect in one year.




20250SB0192PN0142                  - 6 -