HB 284 — An Act providing for secure and fair elections and the authentication of United States citizenship.

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
 1   Providing for secure and fair elections and the authentication
 2      of United States citizenship.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Secure and
 7   Fair Elections Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Applicant."   A resident of this Commonwealth seeking to
13   register to vote in Federal, State and local elections under
14   this act.
15      "Application."     As follows:
16          (1)   The form approved by the secretary to register an
17      applicant to vote under this act.
18          (2)   The National Mail Voter Registration Form issued as
 1      provided under Federal law shall be accepted as an
 2      application.
 3      "Board."   The State Election Board established under section
 4   4(a).
 5      "Department."   The Department of State of the Commonwealth.
 6      "Division of Vital Records."    The Division of Vital Records
 7   of the Department of Health of the Commonwealth.
 8      "Evidence of United States citizenship."   One of the
 9   following or a legible photocopy of one of the following
10   documents:
11           (1)   The applicant's driver's license or nondriver's
12      identification card issued by the Commonwealth or an
13      equivalent governmental agency of another state if the agency
14      indicates on the applicant's driver's license or nondriver's
15      identification card that the individual has provided
16      satisfactory proof of United States citizenship.
17           (2)   The applicant's birth certificate that verifies
18      United States citizenship to the satisfaction of the county
19      board of elections or the secretary.
20           (3)   Pertinent pages of the applicant's United States
21      valid or expired passport identifying the applicant and the
22      applicant's passport number, or presentation to the county
23      board of elections of the applicant's United States passport.
24           (4)   The applicant's United States naturalization
25      documents or the number of the applicant's certificate of
26      naturalization. If only the number of the certificate of
27      naturalization is provided, the applicant's name shall not be
28      included on the registration roll until the number of the
29      certificate of naturalization is verified with the United
30      States Bureau of Citizenship and Immigration Services by the

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 1    county board of elections or the secretary, under 8 U.S.C. §
 2    1373(c) (relating to communication between government
 3    agencies and the Immigration and Naturalization Service).
 4        (5)    Other documents or methods of proof of United States
 5    citizenship issued by the Federal Government under the
 6    Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. §
 7    1101 et seq.).
 8        (6)    The applicant's Bureau of Indian Affairs card
 9    number, tribal treaty card number or tribal enrollment
10    number.
11        (7)    The applicant's consular report of birth abroad of a
12    citizen of the United States of America.
13        (8)    The applicant's certificate of citizenship issued by
14    the United States Citizenship and Immigration Services.
15        (9)    The applicant's certification of report of birth
16    issued by the United States Department of State.
17        (10)    The applicant's American Indian card, with KIC
18    classification, issued by the United States Department of
19    Homeland Security.
20        (11)    The applicant's final adoption decree showing the
21    applicant's name and United States birthplace.
22        (12)    The applicant's official United States military
23    record of service showing the applicant's place of birth in
24    the United States.
25        (13)    An extract from a United States hospital record of
26    birth created at the time of the applicant's birth indicating
27    the applicant's place of birth in the United States.
28        (14)    Any other information or documentation related to
29    an applicant's United States citizenship if the board
30    assesses the information or documentation as satisfactory.

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 1      "Secretary."     The Secretary of the Commonwealth.
 2   Section 3.     Registration.
 3      (a)   Applications generally.--Applications, promulgated by
 4   the secretary, shall give voter eligibility requirements and
 5   necessary information to prevent duplicative voter registrations
 6   and enable the relevant election officer to assess the
 7   eligibility of the applicant, administer voter registration,
 8   identify the applicant and determine the qualifications of the
 9   applicant as an elector and the facts authorizing the individual
10   to be registered. Applications shall contain a statement that
11   the applicant shall be required to provide qualifying
12   identification when voting.
13      (b)   Process to assess eligibility.--
14            (1)   The secretary shall create a process for each county
15      board of elections to indicate whether an applicant has
16      provided with the application the information necessary to
17      assess the eligibility of the applicant, including the
18      applicant's United States citizenship.
19            (2)   This section shall be interpreted and applied in
20      accordance with Federal law.
21            (3)   An eligible applicant whose qualifications have been
22      assessed and deemed sufficient shall not be denied
23      registration.
24      (c)   Acceptance of applications and evidence of
25   citizenship.--
26            (1)   The county board of elections or the department
27      shall accept a completed application for registration, but an
28      applicant's registration shall not be deemed to be completed
29      until the applicant has provided, or the county board of
30      elections or the department has otherwise obtained,

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 1    satisfactory evidence of United States citizenship.
 2          (2)   Satisfactory evidence of United States citizenship
 3    shall be provided:
 4                (i)    in person at the time of filing the application
 5          for registration;
 6                (ii)    by including with a mailed registration
 7          application a photocopy of one of the documents listed as
 8          evidence of United States citizenship; or
 9                (iii)    by electronically transmitting via email or
10          text message an image of one of the documents listed as
11          evidence of United States citizenship.
12          (3)   After an individual has submitted satisfactory
13    evidence of United States citizenship, the county board of
14    elections shall indicate this information in the individual's
15    permanent voter file.
16    (d)   Provisional status.--
17          (1)   If an applicant submits a completed application for
18    registration but does not provide satisfactory evidence of
19    United States citizenship, the applicant's registration shall
20    be deemed provisional until satisfactory evidence of United
21    States citizenship is obtained.
22          (2)   The county board of elections shall:
23                (i)    indicate the information under paragraph (1) in
24          the individual's permanent voter file; and
25                (ii)    mail to the applicant a notice informing the
26          applicant that:
27                       (A)   the registration is provisional and is not
28                yet completed; and
29                       (B)   evidence of citizenship must be received by
30                the secretary or county board of elections within 90

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 1                days of the date that the application for
 2                registration was received.
 3          (3)   If no evidence of citizenship is received by the
 4    date under paragraph (2)(ii)(B):
 5                (i)    the application shall be deleted from the
 6          individual's permanent voter file; and
 7                (ii)    the applicant shall be notified of the deletion
 8          by the county board of elections.
 9          (4)   The deletion of the application under paragraph (3)
10    (i) shall not prevent the applicant from filing a new
11    application at any time to begin the registration process
12    again.
13    (e)   Obtaining evidence of citizenship.--
14          (1)   The secretary or the county board of elections
15    shall, in a manner designated by the secretary, attempt to
16    obtain evidence of United States citizenship on behalf of all
17    applicants whose registration is provisional, thereby
18    completing the applications, by performing the following:
19                (i)    Determining if the Department of Motor Vehicles
20          has already obtained evidence of United States
21          citizenship from the applicant.
22                (ii)    Determining if the Division of Vital Records
23          possesses a birth record indicating that the applicant
24          was born in this Commonwealth.
25                (iii)    Obtaining an official record of United States
26          citizenship from another state or from the Federal
27          Government.
28          (2)   If the secretary or the county board of elections is
29    able to successfully obtain evidence of United States
30    citizenship on behalf of the applicant within the 90-day

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 1      period described in subsection (d), the secretary or the
 2      county board of elections shall inform the applicant, deem
 3      the application to be completed and indicate this information
 4      in the applicant's permanent voter file.
 5      (f)   Prior registration.--An individual who is registered to
 6   vote in this Commonwealth on the effective date of this
 7   subsection is deemed to have provided satisfactory evidence of
 8   United States citizenship and shall not be required to submit
 9   evidence of United States citizenship.
10      (g)   Registration from another state.--For the purposes of
11   this section, proof of voter registration from another state is
12   not satisfactory evidence of United States citizenship.
13      (h)   Relocation and modification of records.--A registered
14   voter who moves from one residence to another within this
15   Commonwealth or who modifies the voter's registration records
16   for any other reason shall not be required to submit evidence of
17   United States citizenship.
18      (i)   Affidavits.--
19            (1)   If evidence of United States citizenship is deemed
20      to be unsatisfactory due to an inconsistency between the
21      document submitted as evidence and the name or sex provided
22      on the application for registration, the applicant may sign
23      an affidavit:
24                  (i)    stating any inconsistency related to the name or
25            sex and the reason for the inconsistency; and
26                  (ii)   swearing under oath that, despite the
27            inconsistency, the applicant is the individual reflected
28            in the document provided as evidence of United States
29            citizenship.
30            (2)   There may not be an inconsistency between the date

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 1      of birth on the document provided as evidence of United
 2      States citizenship and the date of birth provided on the
 3      application for registration.
 4            (3)   If an affidavit of identification is submitted by
 5      the applicant, the secretary or county board of elections
 6      shall assess the eligibility of the applicant without regard
 7      to any inconsistency stated in the affidavit.
 8      (j)   Confidentiality.--All documents submitted as evidence of
 9   United States citizenship shall be kept confidential by the
10   secretary or county board of elections and maintained as
11   provided by record retention laws.
12      (k)   Other methods of obtaining evidence of citizenship.--
13   Nothing in this section shall prohibit an applicant from
14   providing, or the secretary or county board of elections from
15   obtaining, one of the forms of evidence of United States
16   citizenship, at a different time or in a different manner than
17   an application for registration is provided, as long as the
18   applicant's eligibility can be adequately assessed by the
19   secretary or county board of elections as required by this
20   section and within the 90-day period described in subsection
21   (d).
22   Section 4.     State Election Board.
23      (a)   Establishment.--The State Election Board is established
24   within the department.
25      (b)   Composition.--The board shall consist of the Lieutenant
26   Governor, the Attorney General and the secretary.
27      (c)   Meetings and assessments.--
28            (1)   The board shall meet at the call of the secretary
29      and shall assess information or documentation provided by any
30      applicant for voter registration as evidence of United States

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 1      citizenship under the voter registration requirements of this
 2      act.
 3             (2)   Meetings of the board may occur remotely, virtually
 4      or by telephone, at the discretion of the secretary.
 5   Section 5.      Procedures.
 6      (a)    Authorization regarding other evidence to demonstrate
 7   citizenship.--If an applicant is a United States citizen but
 8   cannot provide satisfactory evidence of United States
 9   citizenship, the applicant may submit other evidence, including
10   any information, affidavits or documentation, that the applicant
11   believes demonstrates the applicant's United States citizenship.
12      (b)    Submittal of evidence.--
13             (1)   An applicant seeking an assessment of evidence under
14      this section may directly contact the department by
15      submitting a voter registration application or the National
16      Mail Voter Registration Form and any supporting information
17      or evidence of United States citizenship.
18             (2)   Upon receipt of the information or documentation
19      under paragraph (1), the secretary shall notify the
20      appropriate county board of elections that the application is
21      pending.
22      (c)    Hearing.--
23             (1)   The county board of elections shall give the
24      applicant an opportunity for a hearing, upon the applicant's
25      request in writing, and an opportunity to present any
26      additional evidence to the county board of elections.
27             (2)   Notice of the hearing shall be given to the
28      applicant at least five days prior to the hearing date.
29             (3)   An applicant shall have the opportunity to be
30      represented by counsel at the hearing.

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 1    (d)   Assessment and determination.--
 2          (1)   The county board of elections shall assess the
 3    information or documentation provided by the applicant to
 4    determine whether the applicant has provided satisfactory
 5    evidence of United States citizenship.
 6          (2)   A decision of the county board of elections shall be
 7    determined by a majority vote of the county board of
 8    elections.
 9          (3)   If an applicant submits an application and any
10    supporting information or documentation prior to the close of
11    registration for an election cycle, a determination by the
12    county board of elections shall be issued at least five days
13    before the election date.
14          (4)   If the county board of elections finds that the
15    information or documentation presented by an applicant
16    constitutes satisfactory evidence of United States
17    citizenship, the applicant shall meet the requirements under
18    this act to provide satisfactory evidence of United States
19    citizenship.
20          (5)   If the county board of elections finds that the
21    information or documentation presented by an applicant does
22    not constitute satisfactory evidence of United States
23    citizenship, the applicant shall have the right to appeal the
24    determination by the county board of elections by instituting
25    an action under 8 U.S.C. § 1503 (relating to denial of rights
26    and privileges as national). A negative assessment of an
27    applicant's eligibility by the county board of elections
28    shall be reversed if the applicant obtains a declaratory
29    judgment under 8 U.S.C. § 1503 demonstrating that the
30    applicant is a national of the United States.

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 1   Section 6.      Birth certificates and identification cards.
 2      (a)   Birth certificates.--
 3            (1)    The Division of Vital Records may not charge or
 4      accept any fee for a certified copy of a birth certificate if
 5      the certificate is requested by an individual who is 17 years
 6      of age or older for purposes of meeting the voter
 7      registration requirements of this act.
 8            (2)    To obtain the certificate under paragraph (1), the
 9      individual must swear under oath in an affidavit that the
10      individual:
11                   (i)    plans to register to vote in this Commonwealth;
12            and
13                   (ii)   does not possess any of the documents that
14            constitute evidence of United States citizenship.
15            (3)    The affidavit under this subsection shall
16      specifically list the documents that constitute evidence of
17      United States citizenship as defined in this act.
18      (b)   Identification cards.--
19            (1)    The Division of Vital Records may not charge or
20      accept any fee for a certified copy of a birth certificate if
21      the certificate is requested by an individual who is 17 years
22      of age or older for the purpose of obtaining a fee-waived
23      nondriver identification card in order to meet the voting
24      requirements under this act.
25            (2)    To obtain the certificate under paragraph (1), the
26      individual shall swear under oath that the individual:
27                   (i)    is registered to vote in this Commonwealth; and
28                   (ii)   has executed the affidavit under subsection
29            (a).
30      (c)   Transmittal fee.--The board of commissioners of each

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 1   county in this Commonwealth shall designate a county office or
 2   department to provide assistance at no charge to an individual
 3   applying for a birth certificate from the Division of Vital
 4   Records for the purpose of registering to vote. The designated
 5   county office or department shall transmit the necessary forms
 6   to the Division of Vital Records at no cost to the individual
 7   applying for the birth certificate.
 8      (d)   Regulations.--The Department of Health shall adopt or
 9   promulgate rules or regulations in order to implement the
10   provisions of this section.
11   Section 7.   Rules and regulations.
12      The department shall adopt or promulgate rules or regulations
13   necessary to implement and administer this act.
14   Section 8.   Severability.
15      The provisions of this act are severable. If any provision of
16   this act or its application to any person or circumstance is
17   held invalid, the invalidity shall not affect other provisions
18   or applications of this act which can be given effect without
19   the invalid provision or application.
20   Section 9.   Effective date.
21      This act shall take effect immediately.




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