Pa. Freedom Caucus plans legal action over automatic voter registration

Sep. 22—HARRISBURG — Lawmakers from the conservative Pennsylvania Freedom Caucus say they will take legal action against Gov. Josh Shapiro for his implementation of automatic voter registration.

Caucus Chair Dawn Keefer, Republican state representative from York County, said Shapiro's unilateral action this week subverts the legislative process.

She and Caucus members Rep. David Rowe, R-Snyder/Union/Juniata/Mifflin, and Rep. Joe Hamm, R-Lycoming/Sullivan, compared Shapiro to his predecessor, former Gov. Tom Wolf, who Republicans frequently criticized for taking executive actions without seeking legislative approval through the General Assembly.

"Shapiro's eagerness to pick up Wolf's mantle of running roughshod over legislative powers is disappointing. The lack of election integrity reforms, including voter ID, continues to fuel voter frustration and this further undermines voter confidence," Keefer said.

Pennsylvanians have been able to register to vote at PennDOT driver and photo license centers since the National Voter Registration Act went into effect in 1993.

Pennsylvania's Elections and Voter Registration Act requires simultaneous voter registration with driver's license applications. The state law empowers the respective secretaries of PennDOT and the commonwealth, who oversees elections, to determine the format of the application process.

"It is abundantly clear that this commonsense step to securely streamline voter registration and enhance election security is within the governor's authority. Gov. Shapiro has been committed to working with both Republicans and Democrats to get things done since day one — and any assertion otherwise is a distraction from the real work Pennsylvanians are expecting from their government. Our administration will remain focused on protecting our democracy and ensuring our elections are free, fair, safe and secure — and despite any attempts to spread misinformation and conspiracy theories about our elections, that is exactly what this action does," Manuel Bonder, Shapiro's press secretary, said.

The option to register at license centers won't change. What did change is the process.

Anyone seeking a new driver's license or photo ID card, or those seeking renewals or updates, had previously been asked if they wanted to register to vote or update their form. Instead of opting in, effective this week through Shapiro's directive, it's an opt-out scenario. Visitors for license services will be asked to register or update their voting status with the option to decline.

The Shapiro administration cited separate studies showing that where automatic voter registration is in place, more eligible voters registered and turnout increased at elections. Pennsylvania has about 8.7 million registered voters with about 1.6 million more adults eligible but unregistered, according a press release from the governor's office that cites U.S. Census data.

Shapiro's announcement noted that 23 states have enacted automatic voter registration. However, according to the Freedom Caucus, all but three of those states implemented it through legislation.

House Republican Leader Bryan Cutler, R-Lancaster, said earlier this week that is what Pennsylvania should have pursued, too. He and Keefer separately raised questions about how the new registration process will work, citing potential complications from people ineligible to vote.

"Gov. Wolf was soundly rebuked by the people of Pennsylvania when they stripped him of his dictatorial powers by amending the Constitution to restore the proper authority draft policy to the legislative branch," Rowe said of a ballot amendment approved by voters in 2021 limiting a governor's emergency powers in the wake of restrictions implemented in response to the spread of COVID-19.

"Ignoring the obvious will of the people, Gov. Shapiro is following in the footsteps of his predecessor by silencing the voices of millions of Pennsylvanians by sidelining their representatives in the Legislature and seizing power for himself and making sweeping policy changes without legislative input. We are taking action to maintain the proper separation of powers, to prevent another Pennsylvania governor from declaring himself king, and to ensure that it is easy to vote and hard to cheat so that all Pennsylvanians can have confidence in the integrity of our elections," Rowe said.