Pennsylvania SB 874: An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in election districts and polling places, providing for residence of incarcerated individuals.

Bill Text

PRINTER'S NO. 979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 874
Session of
2025
INTRODUCED BY STREET, COSTA, HUGHES, KEARNEY, TARTAGLIONE,
CAPPELLETTI, HAYWOOD, SAVAL AND SCHWANK, JUNE 23, 2025
REFERRED TO STATE GOVERNMENT, JUNE 23, 2025
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in election districts and polling places,
providing for residence of incarcerated individuals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 507. Residence of Incarcerated Individuals.--(a)
The following shall apply to the use of persons counted in a
Federal decennial census for the purpose of creating legislative
redistricting plans for the General Assembly as required under
section 17 of Article II of the Constitution of Pennsylvania,
congressional redistricting plans and redistricting plans for
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political subdivisions:
(1) The population count shall include the following
individuals as residing at the individual's last known address
if the individual was a resident of this Commonwealth:
(i) an individual incarcerated in a Federal or State
correctional facility at the time of the decennial census; and
(ii) a juvenile being held in a juvenile placement facility
at the time of the decennial census.
(2) An inmate or person in State custody in this
Commonwealth whose last known place of residence is outside of
this Commonwealth or whose last known place of residence cannot
be determined shall be considered a resident at the location of
the facility in which the inmate or resident is incarcerated,
placed or committed.
(b) The Department of Corrections and the Department of
Human Services shall furnish the following information to the
Legislative Data Processing Center, the Legislative
Reapportionment Commission and other bodies used to reapportion
districts for political subdivision elections:
(1) A unique identifier, not including the name, of each
individual incarcerated or held in a State correctional facility
or juvenile placement facility in this Commonwealth at the time
of the Federal decennial census.
(2) The census block of the correctional facility in which a
person under paragraph (1) was incarcerated or held.
(3) The residential address of a person described under
paragraph (1) prior to the individual's incarceration, or
sufficient information to determine the census block of the
individual's last known place of residence.
(4) The race, ethnicity and age of each person described
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under paragraph (1).
(c) The Department of Corrections and the Department of
Human Services shall begin collecting the data under subsection
(b) no later than 60 days after the effective date of this
subsection and provide the information to the Legislative Data
Processing Center, the Legislative Reapportionment Commission
and other bodies used to reapportion districts for political
subdivision elections no later than June 1 of each year ending
in one.
(d) The following words and phrases when used in this
subdivision shall have the following meanings unless otherwise
clearly apparent from the context:
"Last known place of residence" shall mean the address at
which an inmate or resident was last domiciled prior to the
inmate or resident's placement or current term of incarceration,
as reported by the inmate or resident.
Section 2. This act shall take effect in 60 days.
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