State of Pennsylvania

Pennsylvania Military and Overseas Voter Registration Administrative Complaint

PA Fair Elections v. Pennsylvania Department of State

Administrative complaint filed on behalf of a right-wing “election integrity” group, PA Fair Elections, and Heather Honey against the Pennsylvania Department of State and Secretary of the Commonwealth Al Schmidt (R). The administrative complaint alleges that Pennsylvania’s policy that governs voter registration for military and overseas voters violates the Help America Vote Act (HAVA).  The complaint argues that Pennsylvania allows Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters to register to vote without identification in violation of HAVA.

The complaint argues that while UOCAVA voters are not required to  provide a photocopy of their ID with their absentee ballot, “nothing in HAVA exempts UOCAVA voters from verification of eligibility or verification of identity prior to voting in a federal election as required by HAVA.” The petitioners’ request a judgment that states that the Pennsylvania Department of State’s policy violates HAVA and request that a policy that “meets the minimum HAVA identity verification requirements for voter applications” be implemented.

STATUS: In November 2023, Gov. Josh Shaprio (D) dismissed the complaint. The plaintiffs appealed to the Pennsylvania Commonwealth Court. Litigation is ongoing.

Case Documents