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An ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing Article 211 of the Administrative Code of Allegheny County, entitled “Board of Elections,” in order to establish a mechanism for periodic verification of compliance with Commonwealth law regarding voter citizenship by individuals registered to vote in Allegheny County.
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Whereas, the Allegheny County Elections Division maintains a roll of individuals registered to vote within the County; and
Whereas, Commonwealth law establishes that “[a]n individual who will be at least 18 years of age on the day of the next election, who has been a citizen of the United States for at least one month prior to the next election and who has resided in this Commonwealth and the election district where the individual offers to vote for at least 30 days prior to the next ensuing election and has not been confined in a penal institution for a conviction of a felony within the last five years shall be eligible to register as provided in this chapter.” 25 Pa.C.S.A. §1301(a); and
Whereas, also pursuant to Commonwealth law, specifically 25 Pa.C.S.A. §1327, applications for voter registration must contain language delineating the eligibility requirements and provides that knowingly signing a false registration application constitutes the crime of perjury, ; and
Whereas, the provisions of 25 Pa.C.S.A. §1203 clearly and unambiguously establishes that each county is to have a commission with jurisdiction over the registration of applicants, and in counties that have adopted home rule charters, such commission “shall consist of the members of the county body which performs legislative functions unless the county charter or optional plan provides for the appointment of a commission.”; and
Whereas, because the Home Rule Charter of Allegheny County contains no language expressly establishing a commission with jurisdiction over voter registration, it is the judgment of Council that Council itself, as the County’s legislative body, constitutes such commission under the terms of §1203; and
Whereas, Commonwealth law, specifically 25 Pa.C.S.A. §1328(a), requires that, upon receipt of an application for voter registration, a commissioner, clerk or registrar of a commission must examine such application to determine its completeness and the eligibility of the applicant to vote; and
Whereas, pursuant to the terms of 25 Pa.C.S.A. §1328(b)(2), the commission must reject all applications filed by individuals who are not qualified electors, provided that notice of such rejection is provided at least 10 days prior to the first election after the application is submitted; and
Whereas, under the terms of 25 Pa.C.S.A. §1402(f), “[i]mmediately following each election, the commission shall cause each district register to be examined. The commission specifically shall compare the signature of each elector on each voter's certificate with his signature in the district register and shall report in writing to the district attorney any evidence or indication of probable fraud, impersonation or forgery which may appear to the commission by reason of the comparison. In the case of any elector whom the election officers shall have recorded as removed, deceased or challenged and prevented from voting, the commission shall ascertain the facts and shall correct the general and district registers in accordance with Chapter 15 (relating to changes in records).”; and
Whereas, it is the judgment of Council that verification of citizenship before each election will enable the Elections Division to evaluate the district registers as required by Commonwealth law in an informed fashion; and
Whereas, pursuant to Federal law, the United States Department of Homeland Security (as the successor agency to the former Immigration and Naturalization Service, “shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.” 8 U.S.C. § 1373(c); and
Whereas, E-Verify is a system that the Department of Homeland Security and the Social Security Administration currently operate; this system allows participating employers to electronically verify the citizenship of newly hired employees; and
Whereas, it is accordingly the judgment of Council that the United States Department of Homeland Security already maintains information that would be of value in determining the citizenship of individuals who wish to register to vote in Allegheny County, and it is further the desire of Council to establish comprehensive verification of citizenship for individuals appearing on the County’s district registers;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions of the preamble to this Ordinance are hereby incorporated in their entirety by reference herein.
SECTION 2. Amendment of the Code
Article 211 of the Administrative Code of Allegheny County, entitled “Board of Elections,” is hereby amended and supplemented by the creation of a new §5-211.03, entitled “Citizenship verification” and comprised as follows:
§ 5-211.03. Citizenship verification.
A. Prior to the 2024 General Election, the Allegheny County Elections Division shall submit the County’s full voter roll to the United States Department of Homeland Security for an initial review of citizenship status for all individuals appearing on the County’s district registers.
B. Upon receipt of any new application for voter registration after the effective date of this ordinance, The Allegheny County Elections Division shall verify the citizenship status of the applicant with the Department of Homeland Security prior to approving any such new application.
SECTION 3. Effective date.
The provisions of this ordinance shall become effective immediately on the date of final approval.
SECTION 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.