PART IV
VOTER REGISTRATION
Chapter
11. Preliminary Provisions
12. Registration System
13. Voter Registration
14. Records
15. Changes in Records
16. Commission Proceedings and Judicial Review
17. Penalties
18. Enforcement
19. Provisions Contingent on Federal Law
Enactment. Part IV was added January 31, 2002, P.L.18, No.3, effective in 45 days unless otherwise noted.
Special Provisions in Appendix. See sections 2 and 6 of Act 3 of 2002 in the appendix to this title for special provisions relating to establishment and implementation of SURE system and continuation of Pennsylvania Voter Registration Act.
CHAPTER 11
PRELIMINARY PROVISIONS
Sec.
1101. Scope.
1102. Definitions.
1103. Applicability.
1104. Construction.
1105. Standardized forms.
1106. Applications.
1107. Existing electors.
1108. Administration.
Enactment. Chapter 11 was added January 31, 2002, P.L.18, No.3, effective in 45 days.
§ 1101. Scope.
This part deals with voter registration.
§ 1102. Definitions.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Applicant." An individual who applies to be registered to vote as provided for in this part.
"Calendar year." The period commencing January 1 and ending December 31 next following.
"Commission." A registration commission established under section 1203 (relating to commissions).
"Commissioner." A member of a commission.
"County." A county of this Commonwealth. The term includes a county within which is located a city of the first class or with which a city of the first class is coextensive.
"County election board." The board of elections of a county.
"Department." The Department of State of the Commonwealth.
"District." An election district or precinct of a municipality.
"District register." The list of registered electors prepared by the commission under section 1402 (relating to district registers).
"Election." A general, special, municipal or primary election.
"General election." The election which the Constitution of Pennsylvania requires to be held in even-numbered years.
"General register." The list of registered electors prepared by the commission under section 1401 (relating to general register).
"In military service." Serving in the uniformed services as defined in section 102 of the Career Compensation Act of 1949 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania National Guard.
"Members of the United States merchant marine." Any of the following:
(1) Individuals employed as officers or members of crews of vessels documented under the law of the United States or of vessels owned by the United States or of vessels of foreign-flag registry under charter to or control of the United States. This paragraph does not include individuals in military service.
(2) Individuals enrolled with the United States for employment or for training for employment or maintained by the United States for emergency relief service as officers or members of crews of vessels referred to in paragraph (1). The term does not include individuals in military service or individuals employed or enrolled for employment or for training for employment or maintained for emergency relief on the Great Lakes or the inland waterways.
"Military elector." Any of the following:
(1) An individual in military service and the individual's spouse and dependents.
(2) An individual in the merchant marine and the individual's spouse and dependents.
(3) An individual in a religious or welfare group officially attached to and serving with the armed forces of the United States and the individual's spouse and dependents.
(4) An individual who is a civilian employee of the United States outside the territorial limits of the United States, whether or not the individual is subject to the civil service laws and whether or not the individual is paid from funds appropriated by Congress, and the individual's spouse and dependents.
"Municipal election." The election which the Constitution of Pennsylvania requires to be held in odd-numbered years.
"Municipality." A city, borough, town or township.
"November election." Either the general or the municipal election, or both, according to the context.
"Overseas citizen." An individual who resides outside the territorial limits of the United States and who, but for such residence, would be a qualified elector. The term does not include a military elector.
"Party." Any of the following:
(1) A party or political body, one of whose candidates at the general election immediately preceding the primary:
(i) polled, in each of at least ten counties, at least 2% of the largest entire vote cast in the county for any elected candidate; and
(ii) polled a total vote in this Commonwealth equal to at least 2% of the largest entire vote cast in this Commonwealth for any elected candidate.
(2) A party or political body, one of whose candidates at either the general or municipal election preceding the primary polled at least 5% of the largest entire vote cast for any elected candidate in any county.
"Person authorized to administer oaths." The term includes an individual who is a commissioned officer in military service or a member of the United States merchant marine designated for this purpose by the United States Secretary of Commerce.
"Person in military service." The term shall mean a qualified elector who is by enlistment, enrollment or draft in actual military service.
"Political body." A political body not recognized as a political party which has filed proper nomination papers as required by law.
"Primary election." An election for the nomination of candidates.
"Public office." Any Federal, State or political subdivision, office or position of employment requiring the individual elected or appointed to render public service for a fixed fee or compensation. The term does not include the office of notary public or commissioner of deeds.
"Qualified elector." An applicant who possesses all of the qualifications for voting prescribed by the Constitution of Pennsylvania and the laws of this Commonwealth or who, being otherwise qualified by continued residence in the election district, obtains such qualifications before the next ensuing election. The term does not include a military elector.
"Registrant" or "registered elector." A qualified elector who is registered to vote in accordance with this part.
"Registration card." A registration record containing all information required on the registration application, including the elector's signature, and suitable space for the insertion by the appropriate official of the following information:
(1) The ward and election district of residence.
(2) The registrant's street address.
(3) Data required to be given upon removal from the registrant's residence.
(4) The date of each election at which the registrant votes.
(5) The number and letter of the stub of the ballot issued to the registrant or the registrant's number in the order of admission to the voting machines.
(6) The initials of the election officer who enters the record of voting in the district register.
(7) Whether the registrant needs assistance to vote and, if so, the nature of the disability.
"Registration records." The general register, district register and any other record of registration maintained by a commission. The term includes any record maintained by the commission on the Statewide Uniform Registry of Electors.
"Secretary." The Secretary of the Commonwealth.
"Statewide Uniform Registry of Electors" or "SURE system." The integrated voter registration system of all registered electors in this Commonwealth established by Subchapter B of Chapter 12 (relating to Statewide Uniform Registry of Electors (SURE)).
§ 1103. Applicability.
This part applies to all counties.
§ 1104. Construction.
No part of any day fixed for the performance of duties by any person or official under this part shall be deemed a Sunday or a legal holiday so as to affect the legality of work done for the purpose of carrying out this part or the right of a person to compensation provided for rendering any service required by this part or so as to relieve any person from doing on such day whatever is necessary for the purpose of carrying out this part. Such services are declared to be necessary public services.
§ 1105. Standardized forms.
(a) General rule.--Whenever possible, the secretary shall prescribe by regulation standardized voter registration or absentee ballot application forms which may be used, with prior approval by the secretary, by political bodies, candidates and organized bodies of citizens in compliance with both the provisions of this part and the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(b) Prior approval.--The secretary shall develop a system whereby political bodies, candidates and organized bodies of citizens may receive prior approval of standardized forms developed pursuant to subsection (a).
§ 1106. Applications.
(a) Registration application.--Voter registration applications printed under the act of June 30, 1995 (P.L.170, No.25), known as the Pennsylvania Voter Registration Act, may be used to apply for registration under this part.
(b) Notice.--If the five-year period for notice to electors provided for under section 1901(b)(3) (relating to removal of electors) has been declared invalid or rejected by a court of competent jurisdiction or by the United States Department of Justice, after all appeals have been exhausted and upon certification to the Secretary of the Commonwealth and publication in the Pennsylvania Bulletin, notice shall be given in accordance with section 1901(b)(3) after a period of ten years. If the ten-year period has been certified to the Secretary of the Commonwealth as invalid and upon publication in the Pennsylvania Bulletin, notice shall be given in accordance with section 1901(b)(3) after a period of 20 years.
(c) Election Code.--Nothing in the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, shall be deemed inconsistent with this part.
§ 1107. Existing electors.
All electors registered to vote in this Commonwealth on the effective date of this section who remain qualified shall continue to be registered under this part.
§ 1108. Administration.
The department shall administer this part.