Overview

Pennsylvania provides a process for eligible individuals to challenge a voter’s eligibility to appear on the voter rolls and to cast an absentee ballot before the election. 25 Pa.C.S. § 1329(a). On Election Day, voters can only be challenged at the polling location for questions of identity and residency. "DOS Polling Place Rules" at 4.

Who May Challenge a Voter’s Eligibility?

In Pennsylvania, a voter’s eligibility to be registered can be challenged by a County Commissioner, Registrar, or Clerk, or by a qualified elector of the same municipality. 25 Pa.C.S. § 1329(a). Only these individuals have standing, so a registered voter in the same county, but different municipality, is not eligible to lodge a voter challenge. 25 Pa.C.S. § 1329(a).

What Must a Challenge to a Voter’s Eligibility Contain?

To challenge a voter’s eligibility to be registered, a complaint must include the following information:

  1. Name of the challenged individual.
  2. Address of the challenged individual.
  3. Name of the complainant.
  4. Address of the complainant.
  5. Date of affidavit.
  6. Reason for challenge. 25 Pa.C.S. §§ 1329(b)(1)-(6).

Pennsylvania law does not limit the grounds on which a voter’s eligibility can be challenged. 25 Pa.C.S. § 1329(b)(6). Note this is distinct from challenges to voters at polling locations on Election Day.

Timing of Challenge

There are no timetable requirements in Pennsylvania statute. However, voters cannot be challenged for eligibility questions on Election Day at the polling location. "DOS Polling Place Rules" at 4.

Voter’s Response

A voter who is challenged must respond with a sworn and written statement, as well as produce evidence to satisfy the Registrar or County Commissioner as to whether the voter possesses the qualifications to be a qualified elector. 25 Pa.C.S. § 1329(c).

Resolution of Challenge

If the voter’s response satisfies the Registrar or County Commissioner, then the voter will continue to be a qualified and registered voter. 25 Pa.C.S. § 1329(d). However, if the voter does not sufficiently satisfy the Registrar or County Commissioner in this regard, their voter registration will be canceled. 25 Pa.C.S. § 1329(c). Pennsylvania’s challenge petition places the burden on the voter to establish their eligibility, and not on the challenger to disprove it. 25 Pa.C.S. § 1329(c). This is a clear hardship, especially if the voter does not sufficiently understand the aforementioned provisions.