On May 21, 2024, America First Legal (AFL) and Zimolong, LLC, filed an administrative complaint with the Pennsylvania Department of State. The complaint alleges violations of Title III of the Help America Vote Act (HAVA) of 2002, citing that the state's voter registration system allows ineligible voters, including non-citizens, to register and vote.
According to HAVA, individuals registering to vote must provide a current and valid driver's license number or the last four digits of their social security number on the registration form. Local election officials are then required to verify these numbers using available databases. However, AFL claims that Pennsylvania’s voter registration system does not comply with this federal requirement. They allege that the Secretary of the Commonwealth has instructed all 67 county boards of election to disregard HAVA's verification mandate and register applicants regardless of whether their provided identification numbers can be verified.
AFL asserts that this directive violates federal law and enables ineligible voters, including non-citizens, to participate in state and federal elections within Pennsylvania. The organization argues that this practice undermines election integrity.
Gene Hamilton, Executive Director, Executive Vice President, and General Counsel for America First Legal stated: "Americans all across the United States have legitimate concerns about the security of our elections. Yet the Commonwealth of Pennsylvania has adopted and maintained a voter registration process that clearly and unambiguously violates basic federal law intended to provide a minimum baseline of security. The Secretary of State must abandon this unlawful practice and comply with federal law to prevent fraud in elections in Pennsylvania."
The filing represents AFL's initial step towards seeking changes in Pennsylvania’s voter registration procedures.