Five GOP Reps. Urge Court to Order PA to Verify Voter Eligibility

Five Pennsylvania congressmen have asked a federal court to make the state verify the eligibility of voters casting ballots from outside the country.

The case was filed this week in U.S. District Court in the Middle District of Pennsylvania on behalf of Republican Reps. Guy Reschenthaler, Dan Meuser, Glenn “G.T.” Thompson, Lloyd Smucker, and Mike Kelly against the Pennsylvania Department of State, Pennsylvania Secretary of State Al Schmidt, and Jonathan Marks, deputy secretary for elections and commissions for Pennsylvania.

The federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) allows members of the military and nonmilitary U.S. citizens abroad to receive a ballot and vote from anywhere in the world.

UOCAVA voters can download the Federal Postcard Application (FPCA) from the internet and use it as a voter registration form and as a ballot request. The FPCA asks for a Social Security number and a state-issued driver’s license or identification number. This information is matched with state information to verify a voter is a real person.  

But a directive from the Pennsylvania Department of State tells counties they cannot reject voter registrations from UOCAVA voters just because the numbers they provide on their application don’t match state database numbers. The state tells counties they “must” accept UOCAVA applications, even if the driver’s license or last four of the Social Security number cannot be matched.

Without verifying voter data, the state could potentially mail ballots out to fake people or to those ineligible to vote. The policy creates a vulnerability where bad actors could cast extra ballots.

“Plaintiffs who are congressional candidates in the 2024 election, are forced to participate in Pennsylvania’s illegally structured federal election process,” the filing by the Election Research Institute reads. “The Commonwealth’s practice is an illegally structured election process which makes Pennsylvania’s elections vulnerable to ineligible votes by individuals or entities who could purport to be UOCAVA-eligible, register to vote without verification of identity or eligibility, but receive a ballot by email and then vote a ballot without providing identification at any step in the process.”

Attorney Erick G. Kaardal says the state’s guidance conflicts with federal law. The Help America Vote Act (HAVA) requires states to meet minimum requirements for all voter registration applicants before giving them UOCAVA voting privileges. They must provide verification of identity.

“Defendants may not create a directive that contradicts UOCAVA and HAVA which are both Congressional enactments,” court papers say.

The Federalist asked the Pennsylvania Department of State to explain the rationale behind its office’s guidance for county officials to exempt UOCAVA ballot applicants from any verification requirements, and to explain how the department safeguards against ineligible voters if not verifying address and identification. It did not respond.

UOCAVA voting played a role in the 2020 election. The case cites a report from the U.S. Election Assistance Commission that says in 2020, the state received approximately 27,000 ballots through UOCAVA, with approximately 20,000 of those ballots coming from non-military applicants.

Already in 2024, more than 25,000 UOCAVA ballots have been transmitted to potentially unverified UOCAVA applicants, court papers say, citing the Department of State Absentee and Mail Ballot Report.

The congressmen asked the court to order the state to direct counties to verify UOCAVA voters’ identities before counting UOCAVA ballots. They also asked the court to order counties to segregate 2024 UOCAVA ballots until voters’ identity can be verified.

“The candidates forced participation in the illegal election structure regarding absentee voters and the tally of those votes, may not accurately reflect the legally valid votes cast,” court papers say. “An inaccurate vote tally is a concrete and particularized injury to the plaintiff candidates.”

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Beth Brelje is an elections correspondent for The Federalist. She is an award-winning investigative journalist with decades of media experience.