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Pennsylvania: Limits on Voter Eligibility Challenges

This resource details state and federal laws that guard voters against unfounded challenges to their eligibility.

Last Updated: September 23, 2024
Published: June 10, 2024
View the entire Limits on Voter Eligibility Challenges series

Written and published in partnership with All Voting is Local, with special thanks to Jenner & Block, LLP

Pennsylvania, like most states, allows private individuals to challenge another person’s eligibility to vote. This resource details state and federal laws that govern this process and protect challenged voters. Pennsylvania’s voter protections include a requirement that pre-election challenges be made by sworn affidavit, a prohibition on Election Day challenges made on any grounds other than identity or residency, and a right to a noticed and recorded hearing for absentee and mail-in ballot challenges.

Pre-election challenges to a voter’s registration must be made by written affidavit.

  • Only a commissioner, registrar or clerk, or another voter from the same municipality may challenge a voter’s registration. footnote1_lNJvgjLJdylxMCTO9MgUmphAQd4NXx2fRrXKEyzoW5Y_aKw9mryGloSt125 Pa. Stat. § 1329.
  • The challenge must be made on a challenge affidavit form that states the reason for the challenge. footnote2_QsVqA2fZde6KhvEAA9ysz1X61y-QembHMq4qV6E4aQ_iOGxWEUo3r792Id.A challenger who lies on the challenge affidavit may be charged with a criminal offense. footnote3_M-7GF1QLRp2rO9J-l5cxOSEtsG1Li17DpsBV1EFUDY_lnGRyLQih42v318 Pa. Stat § 4904.
  • A challenged voter must be given the opportunity to respond and should do so in a sworn or affirmed written statement with any supporting evidence attached. footnote4_YGsThULlOup6CVCXNDMwYMBTG796fEEfJFaYHquOI0o_pdXfloKf3yY1425 Pa. Stat. § 1329(c).
  • The National Voter Registration Act limits when and how voters can be removed from the rolls. Under the act, states and counties are permitted to remove a voter in just five circumstances: if the voter affirms the change; if state law requires, for a criminal conviction or mental incapacity; for the death of the voter; if the voter confirms a change of residence in writing; and based on other evidence of a change of residence, but only after the state sends a notice and the voter both fails to respond and fails to vote in the next two federal general elections. These restrictions apply regardless of whether clerks are conducting their own list maintenance or responding to challenges.
  • The act also prohibits the “systematic” removal of voters within 90 days of a federal election. According to guidance from the U.S. Department of Justice, “This 90-day deadline applies to State list maintenance verification activities such as general mailings and door-to-door canvasses. This deadline also applies to list maintenance programs based on third-party challenges derived from any large, computerized data-matching process.”footnote5_O8WdYBls92WB-kDdtAd7YRwDd1ZBw3pI6O2bik-DFGE_swMFLU2A4j6a5U.S. Department of Justice, Voter Registration List Maintenance: Guidance under Section 8 of the National Voter Registration Act, 52 U.S.C. § 20507, 4, September 2024, https://www.justice.gov/crt/media/1366561/dl.

Pennsylvania limits the grounds for Election Day challenges.

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