lawsuit filed in US District Court:
Hon. Guy Reschenthaler, a member of the U.S. House of Representatives, Hon. Dan Meuser, a member of the U.S. House of Representatives, Hon. Glenn “G.T.” Thompson, a member of the U.S. House of Representatives, Hon. Lloyd Smucker, a member of the U.S. House of Representatives,Hon. Mike Kelly, a member of the U.S. House of Representatives,Plaintiffs
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5.To verify identity and eligibility and to determine if an application is otherwise valid, the federal Help America Vote Act (HAVA) establishes the minimum standards. 52 U.S.C. § 21083(a)(5)(A)(i-iii)(verification of voter registration information).Applicants who seek to vote in a federal election must provide, at the time of registration, a valid driver’s license number.Id.If the individual has not been issued a driver’s license, they may use the last four digits of their social security number (or if they have neither, the State can assign them a unique identifying number and verify their identity and eligibility using other approved documents).Id.6.In addition to the minimum federal requirements, Pennsylvania law, 25 Pa.C.S. § 3502 explicitly requires UOCAVA applicants to satisfy the voter eligibility requirements of the Commonwealth. 25 Pa.C.S. § 3502. To be eligible under Pennsylvania law, applicants must “satisfy the voter eligibility requirements of the Commonwealth including residency requirements.” (§ 3502)
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In direct conflict withfederal and state law, Defendants Secretary of the Commonwealth Al Schmidt or Deputy Secretary for Elections Johnathan Marks, or both, have issued directives and guidance to county officials to exempt UOCAVA applicants entirely from any verification requirements.9.The Defendants’ non-verification position has been confirmed in sworn testimony in the General Assembly. Ex. B (House Committee Meetings, Public Hearing on election administration considerations (in particular in advance of the 2022 General Election), at 59:10–1:00:14 (Sept. 14, 2022).110.When asked about how UOCAVA applicants are verified in a 2022 hearing, the Deputy Secretary for Elections, Johnathan Marks testified: “That group of voters are specifically exempted from [sic] the HAVA verification requirements...They do not have to provide PennDOT ID or last 4 of SSN... There’s no systematic verification.” Id. ...