PRIOR PRINTER'S NOS. 1366, 1605, 1652 PRINTER'S NO. 1742
No. 1212 Session of 1995
INTRODUCED BY LEVDANSKY, CLYMER, KUKOVICH, NICKOL, ITKIN,
RUBLEY, MICHLOVIC, KREBS, VAN HORNE, HENNESSEY, HANNA,
DEMPSEY, COY, SEMMEL, COWELL, CORNELL, FAJT, MERRY, BELFANTI,
BROWNE, MUNDY, BARD, TRELLO, MELIO, ROBINSON, MANDERINO,
STURLA, KAISER, MIHALICH, SANTONI, GORDNER, READSHAW,
STEELMAN, DeLUCA, ROONEY, STABACK, JOSEPHS, WALKO, LAUGHLIN,
TRICH, TRAVAGLIO, BOSCOLA, STETLER, COLAFELLA, PISTELLA,
GIGLIOTTI, DALEY, RAMOS, HALUSKA, CAPPABIANCA AND DeWEESE,
MARCH 16, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 26, 1995
AN ACT
1 Providing for voter registration, for a Statewide central
2 registry and registration commissions and for remedies;
3 imposing penalties; making appropriations; and making
4 repeals.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Section 103. Applicability.
10 Section 104. Construction.
11 Chapter 3. Registration System
12 Section 301. Registry.
13 Section 302. Existing electors.
14 Section 303. Commissions.
15 Section 304. Commission staff.
1 Section 305. Police assistance.
2 Section 306. Unexpended balance; source of funds.
3 Section 307. Open records and documents.
4 Chapter 5. Voter Registration
5 Subchapter A. Qualifications
6 Section 501. Qualifications to register.
7 Section 502. Residence of electors.
8 Subchapter B. Procedure
9 Section 521. Methods of voter registration.
10 Section 522. In-person voter registration.
11 Section 523. Application with driver's license application.
12 Section 524. Application by mail.
13 Section 525. Government agencies.
14 Section 526. Time.
15 Section 527. Preparation and distribution of applications.
16 Section 528. Approval of registration applications.
17 Section 529. Challenges.
18 Section 530. Appeals.
19 Chapter 7. Records
20 Section 701. General register.
21 Section 702. District registers.
22 Section 703. Street lists.
23 Section 704. Public information lists.
24 Section 705. Retention of records.
25 Section 706. Reports.
26 Chapter 9. Changes in Records
27 Section 901. Removal notices.
28 Section 902. Transfer of registration.
29 Section 903. Change of enrollment of political party.
30 Section 904. Physical disability.
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1 Section 905. Department of Health.
2 Section 906. Residence monitoring.
3 Section 907. Removal of voters.
4 Section 908. Procedure for voting following failure to return
5 notification card.
6 Section 909. Incorrect records.
7 Section 910. Files.
8 Section 911. Errors in cancellation or suspension.
9 Chapter 11. Commission Proceedings
10 Section 1101. Subpoenas and witness fees.
11 Chapter 13. Judicial Review
12 Section 1301. Court of common pleas.
13 Section 1302. Commission duties.
14 Chapter 15. Penalties
15 Section 1501. Lawful orders.
16 Section 1502. Registration.
17 Section 1503. Application.
18 Section 1504. Altering registration.
19 Section 1505. Votes.
20 Section 1506. Duties under act.
21 Section 1507. Official documents.
22 Section 1508. Withholding information.
23 Section 1509. Law enforcement assistance.
24 Section 1510. Interference.
25 Section 1511. Preventing registration.
26 Section 1512. Approval of registration.
27 Section 1513. Crimes Code.
28 Chapter 17. Enforcement
29 Section 1701. Attorney General.
30 Section 1702. District attorneys.
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1 Chapter 51. Miscellaneous Provisions
2 Section 5101. Standardized forms.
3 Section 5102. Application for absentee ballots.
4 Section 5103. Severability. <--
5 Section 5104. Repeals.
6 Section 5105. Applicability.
7 Section 5106. Retroactivity.
8 Section 5107. Effective date.
9 SECTION 5103. DELIVERING OR MAILING OFFICIAL ABSENTEE BALLOTS. <--
10 SECTION 5104. APPROPRIATIONS.
11 SECTION 5105. SEVERABILITY.
12 SECTION 5106. REPEALS.
13 SECTION 5107. APPLICABILITY.
14 SECTION 5108. RETROACTIVITY.
15 SECTION 5109. EFFECTIVE DATE.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 CHAPTER 1
19 PRELIMINARY PROVISIONS
20 Section 101. Short title.
21 This act shall be known and may be cited as the Pennsylvania
22 Voter Registration Act.
23 Section 102. Definitions.
24 The following words and phrases when used in this act shall
25 have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Calendar year." The period commencing January 1 and ending
28 December 31 next following.
29 "Commission." A registration commission established under
30 section 303.
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1 "Commissioner." A member of a registration commission.
2 "County." Any county of this Commonwealth. The term includes
3 a county within which is located a city of the first class or
4 with which a city of the first class is coextensive.
5 "County election board." The Board of Elections of a county.
6 "Department." The Department of State of the Commonwealth.
7 "District." An election district or precinct of a
8 municipality.
9 "District register." The registration cards or digitized
10 signature list containing the list of qualified electors:
11 (1) arranged, by election district, alphabetically by
12 last name of the registrant; and
13 (2) prepared by the commission under section 702.
14 "Election." A general, special, municipal or primary
15 election.
16 "General election." The election which the Constitution of
17 Pennsylvania requires to be held in even-numbered years.
18 "In military service." Serving in the uniformed services as
19 defined in section 102 of the Career Compensation Act of 1949
20 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
21 National Guard.
22 "Members of the merchant marine of the United States." Any
23 of the following:
24 (1) Individuals employed as officers or members of crews
25 of vessels documented under the law of the United States or
26 of vessels owned by the United States or of vessels of
27 foreign-flag registry under charter to or control of the
28 United States. This paragraph does not include individuals in
29 military service.
30 (2) Individuals enrolled with the United States for
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1 employment or for training for employment or maintained by
2 the United States for emergency relief service as officers or
3 members of crews of vessels referred to in paragraph (1). The
4 term does not include individuals in military service or
5 individuals employed or enrolled for employment or for
6 training for employment or maintained for emergency relief on
7 the Great Lakes or the inland waterways.
8 "Military elector." Any of the following:
9 (1) An individual in military service and the
10 individual's spouse and dependents.
11 (2) An individual in the merchant marine and the
12 individual's spouse and dependents.
13 (3) An individual in a religious or welfare group
14 officially attached to and serving with the armed forces of
15 the United States and the individual's spouse and dependents.
16 (4) An individual who is a civilian employee of the
17 United States outside the territorial limits of the United
18 States, whether or not the individual is subject to the civil
19 service laws and the Classification Act of 1949 (Public Law
20 81-429, 63 Stat. 954) and whether or not the individual is
21 paid from funds appropriated by Congress, and the
22 individual's spouse and dependents.
23 "Municipal election." The election which the Constitution of
24 Pennsylvania requires to be held in odd-numbered years.
25 "Municipality." A city, borough, town or township.
26 "November election." Either the general or the municipal
27 election, or both, according to the context.
28 "Overseas citizen." An individual who resides outside the
29 territorial limits of the United States and who, but for such
30 residence, would be a qualified elector. The term does not
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1 include a military elector.
2 "Party." Any of the following:
3 (1) A party or political body, one of whose candidates
4 at the general election immediately preceding the primary:
5 (i) polled, in each of at least ten counties, at
6 least 2% of the largest entire vote cast in the county
7 for any elected candidate; and
8 (ii) polled a total vote in this Commonwealth equal
9 to at least 2% of the largest entire vote cast in this
10 Commonwealth for any elected candidate.
11 (2) A party or political body, one of whose candidates
12 at either the general or municipal election preceding the
13 primary polled at least 5% of the largest entire vote cast
14 for any elected candidate in any county.
15 "Person authorized to administer oaths." The term includes
16 an individual who is a commissioned officer in military service
17 or a member of the merchant marine of the United States
18 designated for this purpose by the United States Secretary of
19 Commerce.
20 "Person in military service." The term shall mean a
21 qualified elector who is, by enlistment, enrollment or draft in
22 actual military service.
23 "Political body." A political body not recognized as a
24 political party which has filed proper nomination papers as
25 required by law.
26 "Primary election." An election for the nomination of
27 candidates.
28 "Public office." Any Federal, State or political
29 subdivision, office or position of employment requiring the
30 individual elected or appointed to render public service for a
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1 fixed fee or compensation. The term does not include the office
2 of notary public or commissioner of deeds.
3 "Qualified elector." An individual who possesses all of the
4 qualifications for voting prescribed by the Constitution of
5 Pennsylvania and the laws of this Commonwealth or who, being
6 otherwise qualified by continued residence in the election
7 district, obtains such qualifications before the next ensuing
8 election. The term does not include a military elector.
9 "Registration card." A registration record containing all
10 information required on the registration application, including
11 the elector's signature, and suitable space for the insertion by
12 the appropriate official of the following information:
13 (1) The ward and election district of residence.
14 (2) The registrant's street address.
15 (3) Data required to be given upon removal from the
16 registrant's residence.
17 (4) The date of each election at which the registrant
18 votes.
19 (5) The number and letter of the stub of the ballot
20 issued to the registrant or the registrant's number in the
21 order of admission to the voting machines.
22 (6) The initials of the election officer who enters the
23 record of voting in the district register.
24 (7) Whether the registrant needs assistance to vote and,
25 if so, the nature of the disability.
26 "Registry." The Statewide central registry of registered
27 qualified electors established under section 301.
28 "Secretary." The Secretary of the Commonwealth.
29 Section 103. Applicability.
30 This act applies to all counties.
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1 Section 104. Construction.
2 No part of any day fixed for the performance of duties by any
3 person or official under this act shall be deemed a Sunday or a
4 legal holiday so as to affect the legality of work done for the
5 purpose of carrying out this act or the right of a person to
6 compensation provided for rendering any service required by this
7 act or so as to relieve any person from doing on such day
8 whatever is necessary for the purpose of carrying out this act.
9 Such services are declared to be necessary public services.
10 CHAPTER 3
11 REGISTRATION SYSTEM
12 Section 301. Registry.
13 (a) Establishment.--The secretary has the authority to
14 implement and administer all of the provisions set forth by this
15 act. The secretary's authority includes the ability to establish
16 a Statewide registry and require the county commissioners to be
17 linked to the registry. When the secretary develops a registry,
18 it shall be developed in consultation with the county
19 commissions. The timetable for implementation of the registry
20 shall be established by the secretary.
21 (b) Regulations.--The secretary shall promulgate regulations
22 necessary to administer this act. The regulations shall include,
23 but not be limited to, provisions which do all of the following:
24 (1) Provide for applicants to submit their voter
25 registration application to the commission, the Department of
26 Transportation and other agencies designated in section 525.
27 (2) Allow for the future establishment of and
28 maintenance of a Statewide central data base for all voter
29 registration information.
30 (3) Provide procedures for entering data into the
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1 registry.
2 (4) Allow the secretary to access the computerized
3 driver's license records of the Department of Transportation
4 AND THE COMPUTERIZED RECORDS OF THE AGENCIES SPECIFIED IN <--
5 SECTION 525 for voter registration purposes only.
6 (5) Allow each commission to add, modify and delete
7 information regarding registered qualified electors from its
8 county from the system to provide for accurate and up-to-date
9 records.
10 (6) Allow the secretary and commissions to view the
11 registration records of all commissions in order to ensure
12 the accuracy of each commission's files and allow the
13 secretary and commissions to access the registry for review
14 and search capabilities.
15 (7) Provide security and protection of all information
16 in the registry and ensure that unauthorized entry is not
17 allowed.
18 (8) Prescribe a procedure for phasing in or converting
19 existing voter registration records to the registry in
20 consultation with the county commissions.
21 (9) Prescribe a procedure for the return of completed
22 voter registration applications from the Department of
23 Transportation, the Department of Public Welfare, armed
24 forces recruitment centers, Offices of the Clerk of Orphan's
25 Court and all other offices under this act to the secretary
26 or the appropriate commission.
27 Section 302. Existing electors.
28 All electors registered to vote in this Commonwealth on the
29 effective date of this act remain registered under this act, AND <--
30 ALL ELECTORS REGISTERED FOR FEDERAL ELECTIONS SHALL, UPON THE
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1 EFFECTIVE DATE OF THIS ACT, BECOME REGISTERED FOR STATE AND
2 LOCAL ELECTIONS. Information required in accordance with section
3 527 shall be entered into the registry as set forth in section
4 301.
5 Section 303. Commissions.
6 (a) Establishment.--A registration commission is established
7 in each county. The commission has jurisdiction over the
8 registration of electors of the county under this act.
9 (b) Membership.--
10 (1) Except as provided in paragraphs (2) and (3), the
11 county commissioners of each county shall act as a
12 registration commission for the county.
13 (2) In a city of the first class, the commission shall
14 consist of the three elected commissioners of the city. Each
15 commissioner shall be elected for a term of four years, in
16 the year that the mayor is elected.
17 (3) In counties which have adopted home rule charters or
18 optional plans, the commission shall consist of the members
19 of the county body which performs legislative functions
20 unless the county charter or optional plan provides for the
21 appointment of the commission. In either case, there must be
22 minority representation on the commission. The county body
23 which performs legislative functions shall, if the commission
24 does not contain minority representation appoint such
25 representation, from a list submitted by the county chair of
26 the minority party.
27 (c) Compensation.--Commissioners shall receive no
28 compensation in addition to their compensation as county or city
29 commissioners.
30 (d) Majority vote required.--Actions of a commission must be
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1 decided by a majority vote of all members except as otherwise
2 provided in this act.
3 (e) Records.--A commission shall keep a permanent record of
4 its proceedings.
5 (f) Regulations.--A commission may make regulations, not
6 inconsistent with this act, to do all of the following:
7 (1) Govern the public sessions of the commission.
8 (2) Perform the duties imposed by this act.
9 (3) Carry into effect the provisions of this act and
10 permit the efficient administration of this act, including
11 the designation of duties to be performed and functions to be
12 exercised under this act at its respective offices.
13 (g) Enforcement.--A commission may enforce regulations,
14 orders and subpoenas as provided in section 1101 and, if
15 necessary, shall have the assistance of the appropriate court of
16 common pleas and of all public officers subservient to the
17 court, in enforcing the regulations, orders and subpoenas.
18 (h) Errors.--A commission has the power to correct an error
19 or irregularity in registration and to cancel the registration
20 of an individual whom it finds to be improperly registered,
21 subject only to this act. Written notice must be mailed or
22 delivered to each individual whose registration is canceled.
23 WHENEVER A REGISTERED ELECTOR'S NAME IS CHANGED FOR ANY REASON, <--
24 THE INITIAL REGISTRATION NUMBER SHALL REMAIN THE SAME AND THE
25 FILE SHALL REFLECT THE FORMER NAME CHANGE TO THE NEW NAME.
26 (i) Investigation.--A commission or a commissioner has the
27 power to do any of the following:
28 (1) Summon and interrogate any person concerning the
29 registration of electors or any matter related thereto.
30 (2) Investigate irregularities in registration.
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1 (3) Summon and examine witnesses.
2 (4) Require the production of relevant documents.
3 (j) Oaths and affirmations.--Each commissioner has the power
4 to administer oaths and affirmations. Each individual testifying
5 before a commission or commissioner must be sworn or affirmed.
6 (k) Correction of errors.--
7 (1) A commission has the power to correct its records
8 without requiring action of a registered elector in any of
9 the following cases:
10 (i) If the mailing address of the registered elector
11 has been changed by the renaming of a street, the
12 renumbering of a house or the changing of a post office.
13 (ii) If the election district of the registered
14 elector has been changed through a change in the
15 boundaries of an election district.
16 (2) Notice of action under paragraph (1) shall be mailed
17 promptly to the affected registered elector.
18 Section 304. Commission staff.
19 (a) Counties of the first class.--
20 (1) A commissioner may act as registrar or inspector of
21 registration.
22 (2) The commission has the power to assign assistants,
23 employees or clerks to act as registrars or inspectors of
24 registration. Individuals assigned under this paragraph shall
25 not receive additional compensation for service as registrars
26 or inspectors.
27 (3) Appointments shall be as follows:
28 (i) The commission shall annually appoint at least
29 two registrars for each registration place. Not more than
30 one-half of the number of registrars appointed annually
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1 for each registration place may be members of the same
2 political party.
3 (ii) Registrars appointed must be qualified electors
4 of the election district or ward for which they have been
5 appointed, must be of good moral character, must not have
6 been convicted of a crime, and must be familiar with the
7 qualifications of electors and the duties of the
8 registrars. No individual who holds or is a candidate for
9 public office or party office may be appointed to or hold
10 any office or employment under any commission, except as
11 otherwise provided by this act.
12 (iii) Appointments shall be as follows:
13 (A) The commission shall provide 15 days' notice
14 for submission of candidates.
15 (B) The city chairs of the party having polled
16 the highest and the second highest vote in this
17 Commonwealth at the last preceding gubernatorial
18 election may file with the commission a written list
19 of names of members of the party whom the chair
20 recommends for appointment as registrars. Lists must
21 contain the name, address, qualifications and
22 occupation of each individual recommended and shall
23 be open to public inspection in the office of the
24 commission.
25 (C) The commission shall appoint individuals
26 from the list as registrars representing the parties.
27 If more candidates are recommended by a chair than
28 the party is entitled to have appointed, the
29 commission shall appoint those candidates from the
30 list whom the commission finds to be qualified under
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1 this section. If there are not sufficient candidates
2 qualified to serve recommended by a chair, the
3 commission may appoint other individuals whom the
4 commission believes qualified.
5 (D) If a vacancy occurs in the office of
6 registrar, the commission shall fill the vacancy by
7 appointing an elector of the district or ward, as the
8 case may be, who is qualified under subparagraph (ii)
9 and who is a registered and enrolled member of the
10 same political party as the registrar whose office
11 was vacated. The vacancy appointment shall be made in
12 the same manner as the initial appointment.
13 (iv) Registrars appointed have the power to register
14 the qualified electors of the election district or ward
15 and, in so doing, to administer oaths and affirmations.
16 Registrars appointed shall perform all other duties
17 imposed on registrars by this act and by the commission.
18 (v) Nothing in this subsection shall prevent a
19 registrar from serving as a registrar in a ward or
20 division of the city, or prevent the commission from
21 assigning a registrar to register voters in a ward or
22 division of the city.
23 (vi) Except as provided in paragraph (1), each
24 registrar shall receive compensation set by the
25 commission for each day during which the registrar is
26 engaged in the active performance of duties as registrar.
27 (vii) The commission shall designate the duties to
28 be performed by appointed registrars.
29 (4) Any insertion or removal of names or other
30 information in registers or an amendment of records done by
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1 any employee, registrar or inspector by order of the
2 commission shall be construed to be an action of the
3 commission. It is the duty of the commission to correct any
4 error in such action.
5 (5) Before exercising a power of office, a registrar or
6 inspector of registration assigned under paragraph (2) or
7 appointed under paragraph (3) must comply with all of the
8 following:
9 (i) Take an oath or affirmation of office, as
10 prescribed by the commission.
11 (ii) Receive from the commission a certificate of
12 appointment, setting forth name and address, date of
13 appointment and the length of appointment.
14 (6) The commission may annually designate registration
15 places in the wards.
16 (7) The commission may appoint employees necessary to
17 perform the functions of the office and to register the
18 voters of the city. Employees shall be paid compensation as
19 set by the commission.
20 (8) Removal shall be as follows:
21 (i) The commission has the power to remove any
22 employee, inspector, registrar or other officer appointed
23 or employed by it. No registrar appointed under paragraph
24 (3) may be removed except for cause.
25 (ii) A qualified elector of the city may appear
26 before the commission and show that a registrar assigned
27 under paragraph (2) or appointed under paragraph (3) does
28 not possess the qualifications requisite for the
29 performance of duties of office or has violated this act.
30 If, after public hearing, the commission finds the
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1 charges brought to be true, the commission shall remove
2 the registrar.
3 (9) An inspector of registration has the authority to
4 investigate all matters regarding voter registration and to
5 make recommendations to the commission.
6 (10) The commission may employ counsel. Counsel shall
7 advise the commission regarding its powers and duties, the
8 rights of electors and the best methods of legal procedure
9 for carrying out this act and shall appear for and represent
10 the commission on all appeals under Chapter 13. The amount of
11 compensation for counsel shall be set by the city
12 commissioners.
13 (11) Employees and clerks of the commission shall be
14 privileged from arrest while acting as registrars.
15 Commissioners and inspectors of registration shall be
16 privileged from arrest while performing their duties, except
17 upon warrant of a court of record for a felony, for wanton
18 breach of the peace or for a criminal violation of this act.
19 (b) Counties of the second through eighth classes.--
20 (1) The registration commission shall appoint a chief
21 clerk, who may be the chief clerk of the county
22 commissioners. The chief clerk has authority to administer
23 oaths and to sign vouchers.
24 (2) Registrars and inspectors of registration must be
25 qualified electors of the county. Registrars and inspectors
26 of registration shall receive compensation, either on a per
27 diem basis for time actually employed or on the basis of work
28 actually done, as fixed by the salary board of the county. No
29 registrar or inspector of registration may exercise any power
30 of office until taking an oath or affirmation of office
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1 prescribed by the commission and receiving from the
2 commission a certificate of appointment, setting forth name
3 and address, date of appointment and length of appointment.
4 (3) Other staff shall be as follows:
5 (i) A commission may appoint assistants and
6 employees as necessary to carry out this act and may
7 remove them. The number and compensation of assistants
8 and employees shall be fixed by the salary board of the
9 county. A commission may appoint employees of the county
10 to act for the commission without additional
11 compensation.
12 (ii) The employees to be appointed by a commission
13 include:
14 (A) Registrars or clerks who are empowered to
15 register the qualified electors of the county and, in
16 so doing, to administer oaths and affirmations.
17 (B) Inspectors of registration who have
18 authority to investigate all matters regarding voter
19 registration and to make recommendations to the
20 commission.
21 (4) The county solicitor shall be counsel for the
22 commission and shall receive no compensation in addition to
23 compensation as county solicitor. Counsel shall advise the
24 commission regarding its powers and duties and the rights of
25 electors and concerning the best methods of legal procedure
26 for carrying out this act and shall appear for and represent
27 the commission on appeals taken from its decisions or orders.
28 (5) Any insertion or removal of names or other
29 information in registers and the amendment of records done by
30 any employee of a commission or by order of a commission
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1 shall be construed to have been done by the commission. The
2 commission shall be responsible for the correction of errors.
3 (6) No individual who holds or is a candidate for public
4 or party office may be appointed to or hold any office or
5 employment under any commission, except as otherwise provided
6 by this act.
7 (7) Commissioners, registrars and inspectors of
8 registration shall be privileged from arrest while performing
9 their duties except upon warrant of a court of record, for a
10 felony, for wanton breach of the peace or for a criminal
11 violation of this act.
12 (8) A commissioner or the chief clerk may act as
13 registrar or inspector of registration. When acting under
14 this subsection, the commissioner or chief clerk has the
15 powers and duties conferred by law upon registrars and
16 inspectors of registration.
17 Section 305. Police assistance.
18 A commission may call on police officers of the appropriate
19 municipality to maintain the peace at a place of registration.
20 Section 306. Unexpended balance; source of funds.
21 (a) Unexpended balance.--Unexpended balances of
22 appropriations made by the county commissioners prior to the
23 effective date of this act for the purpose of carrying out the
24 act of March 30, 1937 (P.L.115, No.40), known as The First Class
25 City Permanent Registration Act, and the act of April 29, 1937
26 (P.L.487, No.115), known as The Permanent Registration Act for
27 Cities of the Second Class, Cities of the Second Class A, Cities
28 of the Third Class, Boroughs, Towns, and Townships, are
29 transferred to and made available for commissions under this
30 act.
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1 (b) Source of funds.--A commission may accept and use in the
2 performance of its duties funds received from the Federal
3 Government, the Commonwealth or any other source.
4 Section 307. Open records and documents.
5 (a) Scope.--The following documents under this act are open
6 to public inspection except as otherwise provided in this
7 section:
8 (1) Records of a registration commission and of district
9 registers.
10 (2) Street lists.
11 (3) Official voter registration applications.
12 (4) Petitions and appeals.
13 (5) Witness lists.
14 (6) Accounts and contracts.
15 (7) Reports.
16 (b) Exception.--The Statewide central registry is not an
17 open record or document under this section or any other act.
18 (c) Use.--Open material under subsection (a) may be
19 inspected during ordinary business hours subject to the
20 efficient operation of the commission. Public inspection shall
21 only be in the presence of a commissioner or authorized
22 commission employee and shall be subject to proper regulation
23 for safekeeping of the material and subject to this act. Upon
24 request, a photocopy of the record or computer-generated data
25 record shall be provided at cost. The material may not be used
26 for commercial or improper purposes.
27 CHAPTER 5
28 VOTER REGISTRATION
29 SUBCHAPTER A
30 QUALIFICATIONS
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1 Section 501. Qualifications to register.
2 (a) Eligibility.--A qualified elector who will be at least
3 18 years of age on the day of the next election, who has been a
4 citizen of the United States for at least one month and who has
5 resided in this Commonwealth and the election district where the
6 qualified elector offers to vote for at least 30 days prior to
7 the next ensuing election shall be entitled to be registered as
8 provided in this chapter. If an individual is qualified to vote
9 in an election district prior to removal of residence, the
10 individual may, if a resident of this Commonwealth, vote in the
11 election district from which residence was removed within the 30
12 days preceding the election.
13 (b) Effect.--No individual shall be permitted to vote at any
14 election unless the individual is registered under this
15 subsection, except as provided by law or by order of a court of
16 common pleas. No registered elector shall be required to
17 register again for any election while the elector continues to
18 reside at the same address.
19 Section 502. Residence of electors.
20 (a) General rule.--
21 (1) For the purpose of registration and voting, no
22 individual shall be deemed to have gained a residence by
23 reason of presence or lost a residence by reason of absence
24 in any of the following circumstances:
25 (i) Being employed in the service, either civil or
26 military, of this Commonwealth or of the United States.
27 (ii) Being engaged in the navigation of the waters
28 of this Commonwealth or of the United States or on the
29 high seas.
30 (iii) Being in an institution at public expense.
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1 This subparagraph does not apply to a veteran who resides
2 in a home for disabled and indigent soldiers and sailors
3 maintained by the Commonwealth. Such a veteran may elect
4 to utilize that residence for registration and voting or
5 elect to vote as an absentee elector by the use of an
6 absentee ballot.
7 (2) Nothing in paragraph (1) shall preclude any elector
8 eligible under section 501 from establishing the district of
9 residence as the election district of residence pursuant to
10 subsection (b).
11 (3) Except as otherwise provided in this subsection, no
12 individual who is confined in a penal institution shall be
13 deemed a resident of the election district where the
14 institution is located. The individual shall be deemed to
15 reside where the individual was last registered before being
16 confined in the penal institution; or, if there was no
17 registration prior to confinement, the individual shall be
18 deemed to reside at the last known address before
19 confinement.
20 (4) An individual who resides at an institution for the
21 mentally ill or the mentally retarded, if otherwise qualified
22 under section 501, shall be deemed, at the individual's
23 option, a resident in one of the following:
24 (i) The district where the institution is located.
25 (ii) The district where the individual was last
26 registered to vote before entering the institution. For
27 purposes of this subparagraph, if the individual was not
28 registered before entering the institution, the
29 individual shall be deemed to reside at the last known
30 address before entering the institution.
19950H1212B1742 - 22 -
1 (b) Rules for determination.--The following apply:
2 (1) That the place shall be considered the residence of
3 an individual in which habitation is fixed and to which,
4 whenever the individual is absent, the individual has the
5 intention of returning.
6 (2) An individual shall not be considered to have lost
7 residence if the individual leaves home and goes into another
8 state or another election district for temporary purposes
9 only, with the intention of returning.
10 (3) An individual shall not be considered to have gained
11 a residence in an election district if the individual comes
12 into that district for temporary purposes only, without the
13 intention of making that election district a permanent place
14 of abode.
15 (4) If an individual removes to another state with the
16 intention of making that state the permanent residence, the
17 individual shall be considered to have lost residence in this
18 Commonwealth.
19 (5) If an individual removes to another state with the
20 intention of remaining there an indefinite time and making
21 that state the place of residence, the individual shall be
22 considered to have lost residence in this Commonwealth,
23 notwithstanding an intention to return at some indefinite
24 future period.
25 (6) If an individual goes into another state and, while
26 there, votes in an election held by that state, the
27 individual shall be considered to have lost residence in this
28 Commonwealth.
29 (7) An individual employed in the service of the Federal
30 Government or of the Commonwealth and required thereby to be
19950H1212B1742 - 23 -
1 absent from the municipality where the individual resided
2 when entering that employment, and the spouse of the
3 individual, may remain registered in the district where the
4 individual resided immediately prior to entering that
5 employment; and the individual and the spouse shall be
6 enrolled in the political party designated by the individual
7 or spouse without declaring a residence by street and number.
8 (i) An individual who registers under this paragraph
9 for Commonwealth employment must produce a certificate
10 from the head of the State agency, under the seal of
11 office, setting forth that the individual or the
12 individual's spouse is actually employed in the service
13 of the Commonwealth and setting forth the nature of the
14 employment and the time when the employee first entered
15 the employment. The commission shall retain certificates
16 under this subparagraph.
17 (ii) The commission shall note on the registration
18 card of each individual registered under this paragraph
19 the fact of Federal or State employment.
20 (iii) At least once every two years the commission
21 shall verify the employment of the individuals registered
22 under this paragraph at the proper Federal or State
23 office. If an individual is found to be no longer a
24 Federal or State employee, the individual's registration
25 shall be canceled under Chapter 9.
26 SUBCHAPTER B
27 PROCEDURE
28 Section 521. Methods of voter registration.
29 An individual qualified to register to vote under section
30 501(a) may apply to register as follows:
19950H1212B1742 - 24 -
1 (1) In person under section 522.
2 (2) In conjunction with an application for a motor
3 vehicle driver's license under section 523.
4 (3) By mail application under section 524.
5 (4) In conjunction with certain government agency
6 services under section 525.
7 Section 522. In-person voter registration.
8 (a) General rule.--Applications may be submitted to register
9 to vote or change party enrollment or name or address on current
10 registration record in person before the registration commission
11 or a commissioner, a registrar or a clerk at the office of the
12 commission or at a place designated by the commission. The
13 applicant shall be advised that any intentional false statement
14 on the application constitutes perjury and will be punishable as
15 such. The applicant shall provide the information required on
16 the registration application and sign the registration
17 declaration. The commission shall prepare and provide voter
18 registration applications for the purpose of registering
19 qualified electors in accordance with this section.
20 Notwithstanding any other provision of this act, the commission
21 may use a mail registration application for in-person
22 registration. THE COMMISSION SHALL MAIL THE VOTER'S <--
23 IDENTIFICATION CARD IN ACCORDANCE WITH SECTION 527(A)(4)(V).
24 (b) Notice.--The commission shall, within a reasonable time,
25 publicly announce the address of each place of registration, the
26 address of each office of the commission established for the
27 registration of electors other than its main office and the days
28 and hours when the place or office is open for the registration
29 of electors. The announcement shall be made by posting notice at
30 the place or office and at the commission's main office and by
19950H1212B1742 - 25 -
1 other means as the commission deems advisable.
2 (c) Polls.--The election board of each county shall cause
3 any polling place to be open, in proper order for use, as a
4 place of registration, on each day when the polling place is
5 desired by the commission or required by the provisions of this
6 act for use as a place of registration. The appropriating
7 authority of the county shall provide for the payment of rentals
8 for such polling places and other places of registration.
9 (d) Schools.--The board of public education or the board of
10 school directors shall furnish suitable space in any public
11 school building under its jurisdiction or control and shall
12 cause the space to be open and in proper order for use as a
13 place of registration on each day when the space is desired by
14 the commission for use as a place of registration in accordance
15 with the provisions of this act. Use under this subsection may
16 not interfere with school instruction.
17 (e) Municipal buildings.--The proper authority in the county
18 or municipality shall furnish suitable space in a building under
19 its jurisdiction or control and shall cause the space to be open
20 and in proper order for use as a place of registration on each
21 day when the space is desired by the commission for use as a
22 place of registration. Use under this subsection may not
23 interfere with the use for which the space is primarily
24 designed.
25 Section 523. Application with driver's license application.
26 (a) General rule.--
27 (1) The Department of Transportation shall provide for
28 simultaneous application for voter registration in
29 conjunction with the process under 75 Pa.C.S. § 1510
30 (relating to issuance and content of driver's license). An
19950H1212B1742 - 26 -
1 application under this subsection shall serve as an
2 application to register to vote unless the applicant fails to
3 sign the voter registration application. The secretary has
4 the primary responsibility for implementing and enforcing the
5 driver's license voter registration system created under this
6 section. The secretary, in consultation with the Secretary of
7 Transportation, may promulgate regulations for implementing
8 this section.
9 (2) An application for voter registration submitted to
10 the Department of Transportation under this subsection shall
11 be considered as updating any previous voter registration
12 information by the applicant.
13 (3) Any change of address submitted under 75 Pa.C.S. §
14 1515 (relating to notice of change of name or address) shall
15 serve as notification of change of address for voter
16 registration for the registrant involved unless the
17 registrant indicates that the change of address is not for
18 voter registration purposes.
19 (b) Process.--
20 (1) The Department of Transportation shall provide for
21 an application for voter registration as part of a driver's
22 license application.
23 (2) The format of the driver's license/voter
24 registration application shall be determined and prescribed
25 by the secretary and the Secretary of Transportation.
26 (3) The voter registration application portion of the
27 application shall contain all the requirements of an official
28 voter registration application specified in section 527. The
29 voter registration portion of the application:
30 (i) may not require any information that duplicates
19950H1212B1742 - 27 -
1 information required in the driver's license portion of
2 the form, other than a second signature; and
3 (ii) may require only the minimum amount of
4 information necessary to prevent duplicate voter
5 registration, to enable the registration commission to
6 assess the eligibility of the applicant and to administer
7 voter registration and other parts of the election
8 process.
9 (c) Transmission.--
10 (1) The Department of Transportation shall forward
11 completed applications or contents of the completed voter
12 registration applications in machine-readable format to the
13 department.
14 (2) The department shall transmit the material to the
15 appropriate commission within ten days after the date of its
16 receipt by the Department of Transportation. If a voter
17 registration application is received by the Department of
18 Transportation within five days before the last day to
19 register before an election, the application shall be
20 transmitted to the appropriate commission not later than five
21 days after the date of its receipt by the Department of
22 Transportation.
23 (3) Upon receipt of the completed voter registration
24 information from the department, the commission shall make a
25 record of the date of the receipt of the application and
26 process the application. No applicant shall be deemed
27 eligible to vote until the commission has received and
28 approved the application.
29 (4) Changes of address shall comply with the following:
30 (i) The Department of Transportation shall notify
19950H1212B1742 - 28 -
1 the secretary of changes of address received under
2 subsection (a)(3). The secretary shall notify the
3 commission of the county of the registrant's prior
4 residence. Except as provided in subparagraph (ii), if
5 the registrant has moved outside of the county, the
6 commission shall forward the registrant's registration
7 card to the commission of the registrant's new county of
8 residence. Except as provided in subparagraph (ii), if
9 the registrant has moved to an address within the
10 commission's jurisdiction, the commission shall update
11 the registration record of the registrant.
12 (ii) In the case of changes of address received by
13 the Department of Transportation which do not contain a
14 signature of the registrant, the commission receiving the
15 change of address notification shall mail a notice to the
16 registrant at the new residence address requesting
17 verification of the address change. The verification
18 notice shall be in substantially the following form:
19 Date................
20 Office of the Registration Commission
21 .......... County, Pennsylvania
22 ........ (Address and Telephone No. of County)
23 We have been notified by the Department of Transportation
24 that you recently moved from ................. (old
25 residence address) to ............... (new residence
26 address) and that this change of address is to serve as a
27 change of address for voter registration purposes. Unless
28 you notify this office within ten days from the date of
29 this notice that this information is not correct, your
30 voter registration will be transferred to ...........
19950H1212B1742 - 29 -
1 County. You may notify this office by calling the
2 telephone number appearing on this form or by mailing
3 this notice to this office. You need not notify this
4 office if this information is correct.
5 ............................
6 Chief Clerk
7 If the address change is within the commission's
8 jurisdiction the county shall notify the registrant what
9 precinct the new address is in using the following form:
10 Date...............
11 Office of the Registration Commission
12 ............ County, Pennsylvania
13 .......... (Address and Telephone No. of County)
14 We have been notified by the Department of Transportation
15 that you recently moved from ................. (old
16 residence address) to (new residence address) and that
17 this change of address is to serve as a change of address
18 for voter registration purposes. Unless you notify this
19 office within ten days from the date of this notice that
20 this information is not correct, your voter registration
21 will be transferred to ................ (new precinct) in
22 this county. You may notify this office by calling the
23 telephone number appearing on this form or by mailing
24 this notice to this office. You need not notify this
25 office if this information is correct.
26 ............................
27 Chief Clerk
28 Such notices must be sent by first class nonforwardable
29 mail, return postage guaranteed, and must be in a form
30 approved by the secretary and designed in such a manner
19950H1212B1742 - 30 -
1 to allow the registrant to indicate that the address
2 change is incorrect, the reason why such discrepancy
3 exists and for return to the county commission. Such
4 notice must be signed by the registrant and dated.
5 (iii) If the registrant does not return the notice
6 under subparagraph (ii) within the ten-day period, the
7 commission shall process the change of address according
8 to subparagraph (i). If the registrant notifies the
9 commission that the information is incorrect and the
10 commission is satisfied with the registrant's explanation
11 of the discrepancy, the address of the registrant's
12 registration shall remain unchanged. If the verification
13 notification is returned by the post office, the
14 commission shall direct a confirmation notice to the
15 registrant's address of former residence in accordance
16 with section 907(d)(2).
17 (d) Prohibition.--An individual who is not a qualified
18 elector is ineligible to register to vote under this section.
19 (e) Effect.--Failure to properly complete a voter
20 registration application shall not affect the validity of an
21 application for a driver's license, a renewal application or an
22 identification card application.
23 (f) Use of information.--No information regarding a
24 declination to register to vote in connection with an
25 application made under this section may be used for any purpose
26 other than voter registration.
27 (g) Staff.--Agents and employees working on behalf of the
28 Department of Transportation assisting in the completion of
29 voter registration applications shall conduct themselves in a
30 manner consistent with the following principles:
19950H1212B1742 - 31 -
1 (1) They shall not seek to influence an applicant's
2 political preference or party registration or display
3 political preference or party allegiance.
4 (2) They shall not make a statement to an applicant or
5 take an action the purpose or effect of which is to
6 discourage the applicant from registering to vote.
7 (3) Applicants wishing to register to vote under this
8 section shall be given the same degree of assistance with the
9 voter registration application as with all other Department
10 of Transportation forms.
11 Agency employees who violate this subsection shall be removed
12 from employment, provided that the agency at its discretion may
13 impose a penalty of suspension without pay for at least 30 days,
14 but not more than 120 days, if it finds that the violation does
15 not warrant termination.
16 (h) Reimbursement.--The department shall reimburse the
17 Department of Transportation costs incurred in operating the
18 voter registration program, as determined in a memorandum of
19 understanding between the Department of Transportation and the
20 department.
21 Section 524. Application by mail.
22 (a) General rule.--An application to register to vote or to
23 change party enrollment or name or address on a current
24 registration may be submitted by voter registration mail
25 application in the manner set forth in this section. An
26 application may be submitted by mail or by representative to the
27 registration commission on an official mail registration
28 application, the form of which shall be determined and
29 prescribed by the secretary or the Federal Election Commission
30 pursuant to the National Voter Registration Act (Public Law 103-
19950H1212B1742 - 32 -
1 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
2 information required on the registration application and sign
3 the registration declaration.
4 (b) Time.--Registration under this section may be made at
5 any time. If a registration application is received by a
6 commission beyond the deadline for registration provided in
7 section 527, the application shall be retained by the commission
8 until the beginning of the next period during which registration
9 can be made.
10 (c) Military electors.--
11 (1) A military elector may apply at any time for
12 registration on an official registration application or any
13 form prescribed by the Federal Government for such purpose.
14 (2) The status of a military elector to register under
15 this section with respect to residence shall remain as the
16 same home residence status from which the elector is
17 qualified to register. If, at the time of leaving that home
18 address, the elector had not resided in this Commonwealth or
19 in a particular election district for a sufficient time to
20 have been entitled to be registered but, by continued
21 residence, would have become entitled to be registered, the
22 elector shall be entitled to be registered at the time the
23 elector would have been entitled to register had the elector
24 not left that home address but continued to reside there.
25 (3) The commission is authorized to consider a request
26 for an absentee ballot as a request for an official
27 registration application and to forward to the requester all
28 of the following:
29 (i) An absentee ballot and balloting material.
30 (ii) An official registration application.
19950H1212B1742 - 33 -
1 (4) The military elector must complete and file these
2 documents in accordance with the applicable provisions of the
3 act of June 3, 1937 (P.L.1333, No.320), known as the
4 Pennsylvania Election Code.
5 Section 525. Government agencies.
6 (a) General rule.--The secretary shall administer a system
7 whereby all offices in this Commonwealth that provide public
8 assistance, each county clerk of Orphan's Court, including each
9 Marriage License Bureau, all offices in this Commonwealth that
10 provide State-funded programs primarily engaged in providing
11 services to persons with disabilities and all armed forces
12 recruitment centers do all of the following:
13 (1) Distribute voter registration applications with each
14 application; reapplication; and application for
15 recertification, renewal or change of address.
16 (2) Assist applicants with completion of the
17 registration application unless assistance is refused.
18 (3) Accept completed registration applications.
19 (4) Transmit completed applications to the appropriate
20 registration commission.
21 (b) Forms.--An agency designated in subsection (a) shall
22 provide a form for office visits or, if the agency provides
23 services to persons with disabilities, for home visits which
24 contains all of the following:
25 (1) The question, "If you are not registered to vote
26 where you live now, would you like to apply to register to
27 vote today?"
28 (2) If the agency provides public assistance, the
29 statement, "Applying to register or declining to register to
30 vote will not affect the amount of assistance that you will
19950H1212B1742 - 34 -
1 be provided by this agency."
2 (3) Boxes for the applicant to check to indicate whether
3 the applicant would like to register or decline to register
4 to vote. In close proximity to the boxes the following words
5 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
6 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
7 TO VOTE AT THIS TIME."
8 (4) THE STATEMENT, "IN ORDER TO BE QUALIFIED TO REGISTER <--
9 TO VOTE, YOU MUST BE AT LEAST 18 YEARS OF AGE ON THE DAY OF
10 THE NEXT ELECTION, YOU MUST HAVE BEEN A CITIZEN OF THE UNITED
11 STATES FOR AT LEAST ONE MONTH AND HAVE RESIDED IN
12 PENNSYLVANIA AND THE ELECTION DISTRICT WHERE YOU PLAN TO VOTE
13 FOR AT LEAST 30 DAYS PRIOR TO THE NEXT ELECTION."
14 (4) (5) The statement, "If you would like help in <--
15 filling out the voter registration application form, we will
16 help you. The decision whether to seek help is yours. You may
17 fill out the form in private."
18 (6) TRANSMIT EACH CHANGE OF ADDRESS TO THE APPROPRIATE <--
19 REGISTRATION COMMISSION.
20 (5) (7) The statement, "If you believe that someone has <--
21 interfered with your right to register or to decline to
22 register to vote, your right to privacy in deciding whether
23 to register or in applying to register to vote, or your right
24 to choose your own political party or other political
25 preference, you may file a complaint with the Secretary of
26 the Commonwealth, Pennsylvania Department of State,
27 Harrisburg, PA 17120." The secretary shall establish and
28 publish a toll-free telephone number for the purpose of
29 receiving complaints.
30 (c) Effect.--Failure to check either box under subsection
19950H1212B1742 - 35 -
1 (b)(3) shall be considered a declination to register to vote.
2 (d) Staff.--Agency employees assisting in the completion of
3 voter registration applications shall conduct themselves in a
4 manner consistent with the following principles:
5 (1) They shall not seek to influence an applicant's
6 political preference or party registration or display
7 political preference or party allegiance.
8 (2) They shall not make any statement to an applicant or
9 take any action the purpose of or effect of which is to
10 discourage the applicant from registering to vote.
11 (3) They shall not make any statement to an applicant or
12 take any action the purpose or effect of which is to lead the
13 applicant to believe that a decision to register or not to
14 register has any bearing on the availability of services or
15 benefits.
16 Agency employees who violate this subsection shall be removed
17 from employment, provided that the agency at its discretion may
18 impose a penalty of suspension without pay for at least 30 days,
19 but not more than 120 days, if it finds that the violation does
20 not warrant termination.
21 (e) Encouraging registration.--An agency designated in
22 subsection (a) shall provide reasonable space for nonpartisan
23 signs or posters encouraging voter registration. The signs and
24 posters shall be provided by the secretary.
25 (f) Transmission.--An agency designated in subsection (a)
26 shall forward all completed registration applications to the
27 appropriate registration commission within ten days after the
28 date of receipt. If a voter registration application is received
29 within five days before the last day to register before an
30 election, the application shall be transmitted to the
19950H1212B1742 - 36 -
1 appropriate commission not later than five days after the date
2 of its receipt by the agency.
3 (g) Confidentiality.--The identity of the voter registration
4 agency through which any particular voter is registered in
5 accordance with this section shall not be disclosed to the
6 public.
7 (h) Use of information.--No information relating to a
8 declination to register to vote in connection with an
9 application made at an office described in this section may be
10 used for any purpose other than voter registration.
11 (i) Assistance.--Each agency shall provide to each applicant
12 who chooses to register to vote the same degree of assistance
13 with regard to the completion of the registration application
14 form as is provided by the office with regard to the completion
15 of its own forms, unless the applicant refuses such assistance.
16 (j) Regulation.--The secretary shall promulgate regulations
17 regarding the maintenance and destruction of forms used pursuant
18 to this section.
19 Section 526. Time.
20 (a) General rule.--Except as provided in subsection (b),
21 each registration commission, commissioners and registrars or
22 clerks appointed by the commission shall receive, during
23 ordinary business hours and during additional hours as the
24 commission prescribes, at the office of the commission and at
25 additional places as the commission designates, applications
26 from individuals who appear and claim that they are entitled to
27 be registered as electors of a municipality.
28 (b) Deadlines.--In the administration of voter registration,
29 each commission shall ensure that any eligible applicant is
30 registered to vote in an election when the applicant has met any
19950H1212B1742 - 37 -
1 of the following conditions:
2 (1) In the case of voter registration with a motor
3 vehicle driver's license application under section 523, if
4 the valid voter registration application is submitted to the
5 appropriate Department of Transportation office not later
6 than 30 days before the date of the election.
7 (2) In the case of registration by mail under section
8 524, if the valid voter registration mail application is
9 postmarked not later than the deadline to register for the
10 ensuing election or, in the case of an illegible or missing
11 postmark, it is received not later than five days after the
12 deadline to register for the ensuing election.
13 (3) In the case of voter registration at a voter
14 registration agency under section 525, if the valid voter
15 registration application is accepted at the voter
16 registration agency not later than 30 days before the date of
17 the election.
18 (4) In any other case, if the valid voter registration
19 application of the applicant is received by the appropriate
20 commission not later than 30 days before the election.
21 (c) Special rules.--
22 (1) In the case of a special election within a
23 congressional, senatorial or representative district held on
24 a day other than the day of a primary, general or municipal
25 election, the registration application forms shall not be
26 processed in the wards and election districts comprising the
27 district for the 30 days prior to the special election for
28 such election.
29 (2) No applications shall be received as follows:
30 (i) On Sundays.
19950H1212B1742 - 38 -
1 (ii) On holidays.
2 (iii) On the day of the election.
3 (iv) During the 30 days next preceding each
4 general, municipal and primary election, except as
5 provided in subsection (b).
6 Section 527. Preparation and distribution of applications.
7 (a) Form.--
8 (1) The secretary shall prescribe the form of official
9 voter registration application. The official voter
10 registration application shall provide space for the
11 following information about the applicant:
12 (i) Full name.
13 (ii) Address of residence. If the residence is a
14 portion only of the house, the location or number of the
15 room, apartment or floor which is occupied.
16 (iii) Mailing address if different than address of
17 residence.
18 (iv) Name and residence address on previous
19 registration and the year of that registration.
20 (v) Designation of political party, for the purpose
21 of voting at a primary election.
22 (vi) Date of birth.
23 (vii) Telephone number. An application shall not be
24 rejected because of noncompliance with this subparagraph.
25 (viii) Race. An application shall not be rejected
26 because of noncompliance with this subparagraph.
27 (2) Data required on the voter registration application
28 shall not be more nor less than the minimum data elements
29 permissible for Federal voter registration.
30 (3) Any person who assists in the completion of the
19950H1212B1742 - 39 -
1 registration application shall sign the application and
2 indicate the person's address. In the case of those
3 registering under sections 523 and 525, the person providing
4 assistance shall insert the person's initials or employee or
5 agent identification number on a separate or detachable
6 portion of the application or computer data file.
7 (4) A voter registration application shall be printed on
8 stock of good quality and shall be of suitable uniform size.
9 Nothing in this act shall prohibit the design and use of an
10 electronic voter registration application which includes the
11 applicant's digitized signature. The registration application
12 shall contain the following information; however, the
13 information may be provided on a separate form for voter
14 registration made under section 523 or 525:
15 (i) Notice that an individual currently registered
16 does not need to re-register unless the individual has
17 moved.
18 (ii) Instructions on how to fill out and submit the
19 application and notification of when the application must
20 be submitted to a voter registration office in order to
21 be registered for the ensuing election.
22 (iii) Notice that the registrant must be a citizen
23 of the United States for at least one month and a
24 resident of this Commonwealth and the election district
25 for at least 30 days and must be at least 18 years of age
26 by the day of the next ensuing election. The notice
27 required in this subparagraph shall be in print identical
28 to the declaration under subsection (b).
29 (iv) Notice that political party enrollment is
30 mandatory to vote in a primary election of a political
19950H1212B1742 - 40 -
1 party.
2 (v) Notice that the commission will mail by
3 nonforwardable mail to the applicant a voter's
4 identification card upon acceptance of the application
5 and that the registrant should contact the commission if
6 the identification card is not received within 14 days
7 from the date the application is sent to the registration
8 office.
9 (vi) Notice that registration is not complete until
10 the application is processed and accepted by the
11 commission.
12 (vii) A warning to the registrant that making a
13 false registration or furnishing false information is
14 perjury. The notice required in this subparagraph shall
15 be in print identical to the declaration under subsection
16 (b).
17 (viii) Instructions to Federal or State employees
18 who wish to retain voting residence in county of last
19 residence to so indicate on the application.
20 (ix) Notice that if an applicant declines to
21 register to vote, the fact that the applicant has
22 declined to register will remain confidential and will be
23 used only for voter registration purposes. The notice
24 required in this subparagraph shall be in print identical
25 to the declaration under subsection (b).
26 (x) Notice that, if an applicant does register to
27 vote, the office at which the applicant submits a voter
28 registration application will remain confidential and
29 will be used for voter registration purposes only. The
30 notices required in this subparagraph shall be in print
19950H1212B1742 - 41 -
1 identical to the declaration in subsection (b).
2 (5) The official voter registration application may be
3 designed in a manner to be inserted in the district register
4 or for transfer to a registration card to be placed in the
5 district register.
6 (6) In jurisdictions where there is a single language
7 minority, the secretary may print a bilingual application.
8 (7) In jurisdictions where a single language minority
9 exceeds 5% of the population, the secretary shall:
10 (i) print a bilingual application; and
11 (ii) conduct a public educational program among that
12 language group alerting both organizations and
13 individuals of that group of the availability of the
14 bilingual application and encouraging unregistered voters
15 to register.
16 (8) To implement section 524, the secretary shall print
17 an official voter registration mail application designed to
18 preserve the confidentiality of the information required to
19 be submitted. The application shall contain information
20 required by this section and shall include the name of each
21 county seat, its post office mailing address and zip code and
22 its telephone number. Voter registration mail applications
23 shall contain information indicating whether the application
24 is a new registration, change of party enrollment, change of
25 address or change of name.
26 (9) Nothing in this act shall prohibit a private
27 organization or individual from printing blank voter
28 registration applications or shall prohibit the use of such
29 applications by any other individual. Provided that the form,
30 content and paper quality of such voter registration
19950H1212B1742 - 42 -
1 application complies with department regulations for the
2 forms or has received prior approval from the secretary.
3 (b) Registration declaration.--
4 (1) The official voter registration application shall
5 contain a registration declaration. On the declaration, the
6 applicant shall state all of the following:
7 (i) The applicant has been a citizen of the United
8 States for at least one month.
9 (ii) On the day of the next ensuing election, the
10 applicant shall be at least 18 years of age.
11 (iii) On the day of the next ensuing election, the
12 applicant shall have resided in this Commonwealth and in
13 the election district for at least 30 days.
14 (iv) The applicant is legally qualified to vote.
15 (2) The applicant shall affirm all of the following:
16 (i) The information provided in the registration
17 declaration is true.
18 (ii) The applicant understands that:
19 (A) the registration declaration will be
20 accepted for all purposes as the equivalent of an
21 affidavit; and
22 (B) if the registration contains a material
23 false statement, the applicant shall be subject to
24 penalties for perjury.
25 (3) The registration declaration shall contain the
26 printed name and signature of the applicant and the date of
27 signing. An applicant unable to sign the voter registration
28 application shall make a mark before a person of the
29 applicant's choice other than the applicant's employer or an
30 agent of the applicant's union. Such person shall insert the
19950H1212B1742 - 43 -
1 person's name, address and telephone number. If such person
2 is an employee or agent of the Department of Transportation
3 or another agency, as provided under section 525, and is
4 assisting the applicant in an official capacity, such
5 employee or agent shall insert the initials and
6 identification number of the employee or agent. In the case
7 of applicants registering under section 523 or 525, the
8 person providing assistance shall insert initials or employee
9 or agent identification number on a separate or detachable
10 portion of the application or computer data file.
11 (4) The official registration application shall contain
12 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
13 notice shall advise the applicant that, if a person signs an
14 official registration application knowing a statement
15 declared in the application to be false, the person commits
16 perjury. The notice shall specify the penalty for perjury.
17 (c) Distribution.--
18 (1) The secretary shall supply official registration
19 applications to commissions.
20 (2) The secretary shall administer a program whereby
21 public libraries, public schools, State-related institutions
22 of higher education, offices operated by the Department of
23 Revenue, offices operated by the Department of Aging, area
24 agencies on aging, all offices in the Commonwealth that
25 provide unemployment compensation, offices operated by the
26 Pennsylvania Game Commission or any of its authorized
27 license-issuing agents, offices operated by the Pennsylvania
28 Fish and Boat Commission or any of its issuing agents, and
29 offices that provide unemployment compensation do all of the
30 following:
19950H1212B1742 - 44 -
1 (i) Ensure that official voter registration mail
2 applications are available on the premises and displayed
3 prominently in a conspicuous location during normal
4 business hours.
5 (ii) Provide an official voter registration mail
6 application to any individual requesting one.
7 (iii) Provide reasonable space for nonpartisan signs
8 or posters indicating the availability of official voter
9 registration mail applications on the premises.
10 (3) The secretary may provide technical assistance to
11 commissions upon request.
12 (4) The secretary shall print and distribute mail
13 registration applications which are not postage paid and
14 which shall not be specific to any county registration
15 office. Along with the distribution of such applications, the
16 secretary shall also include instructions to inform the
17 applicant where the application is to be sent. Such an
18 application shall contain a notice that an application is
19 available from the commission.
20 (5) The secretary and commissions shall supply
21 applications to all of the following:
22 (i) Persons and organizations who request
23 applications.
24 (ii) Federal, State and political subdivision
25 offices.
26 (iii) Political parties and political bodies.
27 (iv) Candidates.
28 (d) Staff.--Agency employees assisting in the distribution
29 of voter registration applications under subsection (c) shall
30 conduct themselves in a manner consistent with the following
19950H1212B1742 - 45 -
1 principles:
2 (1) They shall not seek to influence an applicant's
3 political preference or party registration or display
4 political preference or party allegiance.
5 (2) They shall not make any statement to an applicant or
6 take any action the purpose of or effect of which is to
7 discourage the applicant from registering to vote.
8 (3) They shall not make any statement to an applicant or
9 take any action the purpose or effect of which is to lead the
10 applicant to believe that a decision to register or not to
11 register has any bearing on the availability of services or
12 benefits.
13 Agency employees who violate this subsection shall be removed
14 from employment, provided that the agency at its discretion may
15 impose a penalty of suspension without pay for at least 30 days,
16 but not more than 120 days, if it finds that the violation does
17 not warrant termination.
18 Section 528. Approval of registration applications.
19 (a) Examination.--
20 (1) Official registration applications submitted to a
21 registration commission shall be examined by the commissioner
22 or a clerk or registrar upon receipt.
23 (2) If the official voter registration application
24 submission is in person, the application shall be attested
25 and dated by the commissioner, clerk or registrar.
26 (3) Upon receipt of any other voter registration
27 application, the commission shall make an entry of the date
28 received on the application. If the applicant does not reside
29 within the commission's county, but resides elsewhere in this
30 Commonwealth, the commission shall forward the application
19950H1212B1742 - 46 -
1 card to the proper commission and make a record of the
2 forwarding.
3 (b) Decision.--
4 (1) If the commission finds the official registration
5 application not properly completed, the application shall be
6 rejected. The commission should make reasonable efforts to
7 complete the registration before rejecting it for omissions
8 and inconsistencies. If the commission rejects an application
9 under this paragraph, it shall indicate "REJECTED" on the
10 application and state there the reason for rejection and
11 notify the applicant by first class nonforwardable mail,
12 return postage guaranteed.
13 (2) If the official registration application contains
14 the required information indicating that the applicant is
15 legally qualified to register as stated in the application,
16 the commission shall mail to the applicant a voter's
17 identification card in accordance with subsection (d)(1).
18 (3) For an application for a transfer of registration or
19 a change in address or name, if the application contains the
20 required information and the applicant is legally qualified
21 to transfer registration or change name or address as stated
22 in the application, the commission shall make the transfer or
23 change. If the commission suspects that the applicant is not
24 entitled to transfer registration or to change name or
25 address, the commission may investigate. If the commission
26 finds that the applicant is not entitled to the transfer or
27 change, the application shall be rejected. The applicant
28 shall be notified of the rejection and the reason for it.
29 Rejection shall be made no later than ten days before the
30 election succeeding the filing of the application.
19950H1212B1742 - 47 -
1 (c) Result.--If an application is designed to serve as a
2 registration card, the accepted application of an elector may
3 serve as the elector's official registration card, if it was so
4 designed, and shall be filed in the office of the commission in
5 accordance with Chapter 7. If the application is not designed to
6 serve as a registration card, the information contained on the
7 application, including the elector's signature, shall be
8 transferred to the registration card. If a commission utilizes a
9 signature digitization list, it shall transfer all information
10 contained on the application, including the signature, to the
11 registry or, until the registry is established, to a computer
12 file. The right of an individual to be registered shall not be <--
13 subject to challenge for any reason other than failure to have
14 furnished the commission a properly completed registration
15 application. Applicants for registration shall be challenged
16 under section 529.
17 (d) Disposition.--
18 (1) When the registration of an elector has been finally
19 processed under subsection (b)(2), the commission shall
20 transmit to the applicant by first-class nonforwardable mail
21 a wallet-sized voter's identification card, which shall serve
22 as notice to the applicant of the disposition of the
23 application. The card shall contain all of the following:
24 (i) Name and address of the elector.
25 (ii) Name of municipality.
26 (iii) Identification of elector's ward and district.
27 (iv) Effective date of registration.
28 (v) Designation of party enrollment and date of
29 enrollment.
30 (vi) A space for the elector's signature or mark.
19950H1212B1742 - 48 -
1 (vii) A statement that the card relates only to the
2 time of issuance of the card and is not of itself
3 evidence or proof of the qualifications of the elector to
4 vote at an election or proof of identification for
5 purposes of applying for or receiving general assistance
6 and that it is not necessary to present the card when
7 voting. The statements required by this subparagraph
8 shall be placed on the reverse side of the card from
9 where all of the other information required by this
10 paragraph is placed.
11 (2) The carrier envelope in which the identification
12 card is enclosed shall contain on the outside a request to
13 the postmaster to return it within five days if it cannot be
14 delivered to the addressee at the address given.
15 (3) No registration application shall be deemed to be
16 accepted until ten days after the voter's identification card
17 has been mailed. Upon return by the post office of an
18 identification card under paragraph (2) which the post office
19 is unable to deliver at the given address, the commission
20 shall investigate. If the commission finds that the applicant
21 is not qualified to register from such address, the
22 commission shall reject the application of the applicant and
23 shall notify the applicant by first class forwardable mail of
24 this action.
25 (4) If the applicant discloses that the elector's last
26 residence address upon registration was a location within
27 another county, the commission shall direct a cancellation
28 notice to the commission of that county. This cancellation
29 notice shall be in a form approved by the secretary in
30 substantially the following form:
19950H1212B1742 - 49 -
1 Date .........................
2 Office of the Registration Commission
3 ................ County, Pennsylvania
4 Cancellation of Previous Registration
5 Name .................................., whose date of
6 birth is ..........................., has now registered
7 as an elector in........................ County,
8 Pennsylvania. Our records indicate that this registrant
9 was previously registered in the County of
10 ............................., Pennsylvania, at the
11 following address ...............................
12 ............................
13 Chief Clerk
14 Section 529. Challenges.
15 (a) Standing.--An individual claiming the right to register <--
16 BE REGISTERED may be challenged by a commissioner, registrar or <--
17 clerk or by a qualified elector of the municipality.
18 (b) Complaint.--To make a challenge, a complainant must file
19 a challenge affidavit in a form prescribed by the secretary
20 containing the following information:
21 (1) Name of challenged applicant INDIVIDUAL. <--
22 (2) Address of challenged applicant INDIVIDUAL. <--
23 (3) Name of complainant.
24 (4) Address of complainant.
25 (5) Date of affidavit.
26 (6) Reason for challenge.
27 (c) Response.--An individual who is challenged must respond
28 to the challenge affidavit as set forth in subsection (b) in a
29 written statement sworn or affirmed by the individual. The
30 challenged applicant INDIVIDUAL must produce such other evidence <--
19950H1212B1742 - 50 -
1 as may be required to satisfy the registrar or commissioner as
2 to the applicant's INDIVIDUAL'S qualifications as an elector. <--
3 (d) Resolution.--If the challenged applicant INDIVIDUAL <--
4 establishes, to the satisfaction of the commission, the right to
5 be registered as required by this act, the challenged applicant <--
6 INDIVIDUAL shall be registered. <--
7 Section 530. Appeals.
8 (a) Right.--An applicant INDIVIDUAL whose application to be <--
9 registered has been denied may file with the registration
10 commission a petition to be registered, setting forth the
11 grounds of the petition under oath or affirmation. The petition
12 must be filed by the 15th day prior to an election.
13 (b) Hearing.--
14 (1) The commission shall fix a time for a public hearing
15 at its office not later than the tenth day prior to the
16 election.
17 (2) The commission shall give the person responsible for
18 the rejection 48 hours' notice of the hearing.
19 (3) At the hearing, a clerk, inspector of registration
20 or qualified elector of the county may offer evidence as to
21 why the petitioner should not be registered.
22 (4) The commission, if satisfied that the petitioner is
23 entitled to be registered, shall direct registration.
24 CHAPTER 7
25 RECORDS
26 Section 701. General register.
27 (a) Original registration cards.--If a commission uses the
28 original registration cards for registered electors in the
29 county as the district register, the duplicate registration
30 cards or photocopies of the original registration cards shall be
19950H1212B1742 - 51 -
1 placed in exact alphabetical order by last name of the
2 registrant, shall be indexed and shall be kept at the office of
3 the registration commission in a manner as to be properly
4 safeguarded. These cards constitute the general register of the
5 county. They may not be removed from the office of the
6 commission except upon order of a court of record. Nothing in
7 this act shall preclude the use of duplicate registration cards
8 from applications provided under the act of March 30, 1937
9 (P.L.115, No.40), known as The First Class City Permanent
10 Registration Act, or the act of April 29, 1937 (P.L.487,
11 No.115), known as The Permanent Registration Act for Cities of
12 the Second Class, Cities of the Second Class A, Cities of the
13 Third Class, Boroughs, Towns, and Townships.
14 (b) Digitized signature lists.--If a commission uses
15 digitized signature lists as the district register, the original
16 registration cards shall be placed in exact alphabetical order
17 by last name of the registrant, indexed and kept at the office
18 of the commission in a manner as to be properly safeguarded.
19 These original cards constitute the general register of the
20 county. They may not be removed from the office of the
21 commission except upon order of a court of record. The
22 commission shall safely retain all registration cards used in
23 the registration of electors or in conducting an election. If a
24 commission has the capability to accept an electronic
25 application, the secretary may require the commission to produce
26 a computer-generated card to file in the general register. If
27 the commission finds a record for a registrant on the computer
28 data base which is not contained in the general register, it
29 shall replace the original card with a computer-generated
30 duplicate card upon written permission from the registrant or
19950H1212B1742 - 52 -
1 upon order of a court of record.
2 (c) Duplicate files.--If the commission deems a duplicate
3 file of registration cards necessary for administrative
4 purposes, the commission may prepare a reproduction in
5 compliance with the following:
6 (1) The registration form shall be photographed,
7 microphotographed or reproduced in a manner approved for
8 permanent records by the secretary.
9 (2) The device used to reproduce the card is one which
10 accurately reproduces the original in all details.
11 (3) The photographs, microphotographs or other
12 reproductions are open to public inspection and provision is
13 made for preserving, examining and using them.
14 Section 702. District registers.
15 (a) Registration card file.--
16 (1) Except as provided in subsection (b) and in section
17 701(b), the original registration cards shall be filed by
18 election districts in exact alphabetical order by last name
19 of the registrant and shall be indexed.
20 (2) The cards constitute the district register.
21 (3) The commission shall provide binders, which are
22 capable of being locked, for filing and indexing the
23 registration cards. The keys to the binders shall at all
24 times be retained by the commission.
25 (4) The district register shall be kept at the office of
26 the commission, except as provided in subsection (b), and
27 shall be open to public inspection, subject to reasonable
28 safeguards and regulations.
29 (b) Computer lists.--
30 (1) Prior to full implementation of the Statewide
19950H1212B1742 - 53 -
1 central registry under section 301, instead of using
2 registration cards as the district register as provided in
3 subsection (a), a commission may use a computer list or
4 computer-generated cards containing the registered electors
5 arranged by election district, alphabetically by last name of
6 the registrant.
7 (2) After the full implementation of the Statewide
8 central registry under section 301, instead of using original
9 registration cards as the district register as provided in
10 subsection (a), a commission shall use a computer list or
11 computer-generated cards in a format as prescribed by the
12 secretary by regulation.
13 (3) The computer list or computer-generated cards must
14 be in a form prescribed by the secretary and must contain
15 necessary information that would otherwise be available on
16 the registration cards, including a legible digitized
17 signature of the registrant copied from the signature on the
18 registration card. The district election officials shall have
19 computer printouts at the polling places containing the
20 necessary information needed to verify the identity of the
21 elector. The digitized signature list shall be open to public
22 inspection, subject to reasonable safeguards, rules and
23 regulations.
24 (4) A commission may, during systems conversion periods
25 or emergency conditions, provide for a district register
26 containing the original registration cards. The following
27 apply:
28 (i) The original registration cards shall be filed
29 by election district, in one of the following orders, as
30 determined by the commission:
19950H1212B1742 - 54 -
1 (A) Exact alphabetical order by last name of
2 registrant.
3 (B) Order in which registrants' residences
4 appear upon the streets of the election district, in
5 exact alphabetical order by last name of registrant
6 for each residence.
7 (ii) The district register containing registration
8 cards shall be kept at the office of the commission and
9 shall be open for public inspection, subject to
10 reasonable safeguards and regulations and to the
11 provisions of this act.
12 (c) Currency.--It is the duty of the commission to compare
13 and correct the general register and district registers to
14 ensure their accuracy. By noon of the third day preceding an
15 election, the commission shall have the district register for
16 each election district and the registry accurately corrected to
17 date.
18 (d) Delivery.--The commission shall deliver, in the manner
19 required by law for delivery of election materials, the district
20 register to the election officers for use on election day.
21 (e) Form.--District registers shall be enclosed within a
22 case or container and shall be locked and sealed by the
23 commission before delivery. The district register shall have
24 printed or written thereon the words "District Register of
25 Voters" and the district and ward, if any.
26 (f) Examination.--Immediately following each election, the
27 commission shall cause each district register to be examined.
28 The commission specifically shall compare the signature of each
29 elector on each voter's certificate with his signature in the
30 district register and shall report in writing to the district
19950H1212B1742 - 55 -
1 attorney any evidence or indication of probable fraud,
2 impersonation or forgery which may appear to the commission by
3 reason of the comparison. In the case of any elector whom the
4 election officers shall have recorded as removed, deceased, or
5 challenged and prevented from voting, the commission shall
6 ascertain the facts and shall correct the general and district
7 registers in accordance with Chapter 9.
8 Section 703. Street lists.
9 (a) Preparation.--Commencing not later than the 15th day
10 prior to each election, the registration commission shall
11 prepare for each election district a list of the names and
12 addresses of all registered electors as of that date resident in
13 the district. The list may not include the digitized signature
14 of a registered voter. The list shall be arranged in one of the
15 following manners:
16 (1) By streets and house numbers.
17 (2) Alphabetically by last name of registrant.
18 (3) In a manner whereby the location of the elector's
19 residence can be identified.
20 (b) Copies.--The commission shall retain two copies of the
21 list under subsection (a) on file at its office. These copies
22 shall be available for public inspection during business hours,
23 subject to reasonable safeguards and regulations.
24 (c) Distribution.--The commission shall distribute the list
25 under subsection (a) upon request as follows:
26 (1) To officials concerned with the conduct of
27 elections.
28 (2) To political parties and political bodies.
29 (3) To candidates.
30 (d) Organizations.--The commission may, for a reasonable fee
19950H1212B1742 - 56 -
1 approved by the secretary, distribute the list under subsection
2 (a), to organized bodies of citizens.
3 Section 704. Public information lists.
4 (a) Establishment.--
5 (1) The registration commission may and, once a registry
6 is established, shall provide for computer inquiries
7 concerning individual registered voters. With respect to each
8 voter who is the subject of an inquiry, the information
9 provided shall contain the name, address, year DATE of birth <--
10 and voting history. Upon request, the commission shall supply
11 a printed record for each such voter subject to the
12 provisions of this act. In addition, the commission may make
13 available for inspection a printed or computerized public
14 information list containing the name, address, year DATE of <--
15 birth and voting history of each registered voter in the
16 county.
17 (2) The list may also include information on voting
18 districts.
19 (3) The list may not contain the digitized signature of
20 the elector.
21 (b) Access.--
22 (1) The secretary may promulgate reasonable regulations
23 governing access to the list.
24 (2) No individual inspecting the list may tamper with or
25 alter it.
26 (3) No individual who inspects the list or who acquires
27 names of registered voters from the list may use information
28 contained in the list for purposes unrelated to elections,
29 political activities or law enforcement. Before inspecting
30 the list or obtaining names of voters or other information
19950H1212B1742 - 57 -
1 from the list, the individual must provide identification to
2 the public official having custody of the public information
3 list and must state in writing that any information obtained
4 from the list will not be used for purposes unrelated to
5 elections, political activities or law enforcement.
6 (c) Copies.--
7 (1) The commission shall provide paper copies of the
8 public information lists and may provide copies in some other
9 form to any voter registered in this Commonwealth within ten
10 days of receiving a written request accompanied by payment of
11 the cost of reproduction and postage. The cost of the copies
12 shall be determined by the office providing copies.
13 (2) An individual who inspects or acquires a copy of a
14 public information list may not use any information contained
15 in it for purposes unrelated to elections, political
16 activities or law enforcement.
17 Section 705. Retention of records.
18 (a) Computer lists.--Each commission shall preserve computer
19 lists used as district registers for five years.
20 (b) Records.--
21 (1) The department and each commission shall preserve
22 for two years and shall make available for public inspection
23 and, where available, photocopying at a reasonable cost, all
24 records concerning the implementation of programs and
25 activities conducted for the purposes of ensuring the
26 accuracy and currency of official lists of eligible voters,
27 except to the extent that the records relate to a declination
28 to register to vote or to the identity of a voter
29 registration agency through which any particular voter is
30 registered.
19950H1212B1742 - 58 -
1 (2) The records preserved under paragraph (1) shall
2 include lists of the names and addresses of all individuals
3 to whom notices described in section 901 are sent, and
4 information concerning whether or not the individual has
5 responded to the notice as of the date that inspection of the
6 record is made.
7 Section 706. Reports.
8 (a) Commission.--By March 1, the commission shall submit to
9 the secretary an annual report setting forth the number of
10 electors registered under sections 522, 523, 524 and 525. The
11 report shall specify the number of electors whose registration
12 has been canceled under Chapter 9 and any other information
13 required by the secretary.
14 (b) Secretary.--The secretary shall submit an annual report
15 to the General Assembly by June 30 assessing the impact of this
16 act on the administration of elections during the preceding year
17 and including recommendations for improvements to procedures,
18 forms and other matters affected by this act.
19 CHAPTER 9
20 CHANGES IN RECORDS
21 Section 901. Removal notices.
22 (a) Form.--
23 (1) The commission shall make removal notices available
24 to electors who are registered in the county.
25 (2) The notice shall be printed upon cards suitable for
26 mailing, addressed to the office of the commission. The
27 notice shall provide the following information:
28 (i) The address of present residence, including
29 municipality.
30 (ii) The address of last registration, including
19950H1212B1742 - 59 -
1 municipality.
2 (iii) Date of removal to present residence.
3 (iv) Signature.
4 (3) The notice shall contain a statement that the
5 elector may, by filling out properly and signing a removal
6 notice and returning it to the office of the commission,
7 secure the transfer of registration, effective as to
8 elections at least 30 days after the date of removal into the
9 new district.
10 (4) The notice shall contain a warning to the elector
11 that the notice will not be accepted as an application for
12 transfer of the elector's registration unless the signature
13 thereon can be identified by the commission as the elector's
14 signature as it appears on file with the commission.
15 (5) The notice shall contain a warning to the elector
16 that the notice must be received by the commission not later
17 than 30 days before the election. If mailed, the notice must
18 be postmarked not later than the deadline for registration
19 or, in the case of an illegible or missing postmark, received
20 within five days of the close of registration.
21 (b) Use.--An elector who removes residence from one place to
22 another within the same county must notify the commission by
23 filing a removal notice under subsection (a), or a signed
24 request for renewal that contains the information required in
25 subsection (a), with the commission not later than the
26 registration deadline before the election. If mailed, the notice
27 or request must be postmarked not later than the deadline for
28 registration or, in the case of an illegible or missing
29 postmark, received within five days of the close of
30 registration. The following apply:
19950H1212B1742 - 60 -
1 (1) An official registration application of an elector
2 who has registered by mail qualifies as a removal notice.
3 (2) An elector who removes residence from one place to
4 another within the same county and who has not yet filed a
5 removal notice with the commission shall be permitted to vote
6 at the election next following removal if, at the time of
7 signing voter's certificate, the elector files with the judge
8 of election a signed removal notice properly filled out.
9 Removal notices under this paragraph shall be returned to the
10 commission with the voting check list, and the commission
11 shall proceed to transfer the registration of the electors
12 under section 902.
13 Section 902. Transfer of registration.
14 (a) General rule.--Upon timely receipt of notification of
15 removal under section 901(b), the registration commission shall
16 proceed as follows:
17 (1) The signature on the notification document shall be
18 compared with the signature of the elector as it appears on
19 file with the commission.
20 (2) If the signature appears authentic, the commission
21 shall enter the change of residence on the registration card
22 of the elector in the general register and district register
23 and shall transfer the registration card of the elector from
24 the district register of the election district of previous
25 residence to the district register of the election district
26 of new residence.
27 (3) If a request for transfer which is determined to be
28 authentic under paragraph (2) shows a removal within the
29 period of 30 days preceding an election, the commission,
30 after such election, shall enter the change of residence on
19950H1212B1742 - 61 -
1 the registration card of the elector in the general register
2 and district register and shall transfer the registration
3 card of the elector from the district register of the
4 election district of previous residence. The commission shall
5 advise the elector promptly in writing of its action.
6 (b) Electors unable to write.--An elector who is unable to
7 sign the notification document may affix a mark to the
8 notification document. The mark must be affixed in the presence
9 of a witness, who must sign the notification document.
10 Section 903. Change of enrollment of political party.
11 By the deadline for registration, a registered voter who
12 desires to change the enrollment of political designation or
13 who, although registered, has not previously enrolled as a
14 member of a party may appear before a commissioner, registrar or
15 clerk or may submit an application by mail under section 524 and
16 state in a signed writing the political party in which the voter
17 desires to be enrolled. If the signature of the elector is
18 verified by comparison with the elector's signature as it
19 appears on file with the commission, the commissioner, registrar
20 or clerk shall make the change in the general register and
21 district register. If supported by other evidence of identity, a
22 mark may be made in lieu of a signature by an elector who is
23 unable to write. The mark must be made in the presence of a
24 witness, who must sign the registration application.
25 Section 904. Physical disability.
26 (a) Eligibility.--If an elector is unable to see or mark the
27 ballot or operate the voting machine or to enter the voting
28 compartment or voting machine booth without assistance, the
29 following apply:
30 (1) The elector may, at least ten days prior to the next
19950H1212B1742 - 62 -
1 election, personally make application to the commission or a
2 registrar or a clerk.
3 (2) The application must request the entry of the exact
4 nature of the disability on the elector's registration card.
5 (3) The commission shall make the entry as appropriate.
6 (4) If the disability is not entered on the registration
7 card, the elector may receive assistance if the elector
8 completes a declaration in the polling place under section
9 1218 of the act of June 3, 1937 (P.L.1333, No.320), known as
10 the Pennsylvania Election Code.
11 (b) Termination.--If the commission ascertains that an
12 elector who has declared need for assistance is no longer in
13 need of assistance, it shall cancel on the registration card the
14 entry relating to illiteracy or physical disability which
15 authorized assistance. The commission shall notify the elector
16 by mail of its action.
17 Section 905. Department of Health.
18 The registration commission shall cancel the registration of
19 a registered elector reported dead by the Department of Health.
20 The Department of Health shall, within 60 days of receiving
21 notice of the death of an individual 18 years of age or older,
22 send the name and address of residence of that individual to the
23 commission on a form prescribed by the department. An individual
24 incorrectly reported deceased by the Department of Health may
25 appear in person before a commissioner, registrar clerk, at the
26 office of the commission, and prove identity. The commission,
27 upon such proof, shall correct its records.
28 Section 906. Residence monitoring.
29 (a) Municipalities.--Subject to the provisions of this act,
30 municipal officers and agencies and public utility corporations
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1 furnishing electricity, gas, water or steam to householders in a
2 municipality shall report in writing to the registration
3 commission, upon the request of the commission and upon forms
4 supplied by the commission, all cases of discontinuance of
5 service to residences. The report shall include, if known, the
6 name of the person who contracted for service and the addresses
7 to which that person has removed.
8 (b) Real estate brokers and rental agents.--Subject to the
9 provisions of this act, real estate brokers and rental agents
10 shall report in writing to the commission, upon the request of
11 the commission, all cases of residence property managed by them
12 which have been vacated by the tenant. The report shall include,
13 if known, the name of the tenant and the address to which the
14 tenant has removed.
15 (c) Commission.--For each registered elector identified from
16 a report under subsection (a) or (b), the commission shall take
17 action under section 907.
18 Section 907. Removal of voters.
19 (a) Removal of elector's registration record.--Commissions
20 shall institute a program to protect the integrity of the
21 electoral process and to ensure the maintenance of accurate and
22 current voter registration records. The program shall be
23 uniform, nondiscriminatory and in compliance with the Voting
24 Rights Act of 1965 (Public Law 89 110, 42 U.S.C. Sec. 1973, et
25 seq.) An elector's registration shall not be canceled except as
26 follows:
27 (1) At the request of the elector.
28 (2) Upon the death of the elector under section 905.
29 (3) Upon confirmation that the elector has moved to a
30 residence outside the county.
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1 (4) Under a voter removal program as provided for under
2 subsection (b).
3 (b) Voter removal program.--
4 (1) The commission shall establish a program to identify
5 electors whose address may have changed by establishing one
6 of the following programs:
7 (i) National change of address. The secretary shall
8 establish by regulation a program whereby information
9 supplied by the United States Postal Service through its
10 licensees is used on a periodic basis, but not less than
11 once every calendar year, to identify electors who may
12 have changed addresses. The information shall be
13 incorporated in the administration of the Statewide
14 central registry and shall be forwarded to the
15 commissions in a manner determined by the secretary by
16 regulation.
17 (A) If it appears from the information provided
18 through the United States Postal Service that an
19 elector has moved to a different residence address
20 within the same county as the elector is currently
21 registered, the commission shall change the
22 registration records to show the new address and
23 shall send the elector to the address recorded on the
24 elector's registration a notice of the change of
25 address by forwardable mail and a postage prepaid
26 preaddressed return form by which the elector may
27 verify or correct the address information.
28 (B) If it appears from the information provided
29 through the United States Postal Service that an
30 elector has moved to a different residence address
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1 outside the county, the commission shall use the
2 notice procedure described in clause (A).
3 (ii) Confirmation mailing:
4 (A) A commission may establish a program by
5 sending a direct, nonforwardable first class "return
6 if undeliverable - address correction requested"
7 mailing to all registered electors in the county.
8 (B) If this program is established, the
9 commission shall use the notice procedure described
10 in subparagraph (i)(A) for any elector whose mailing
11 is returned undeliverable.
12 (2) In conjunction with, and not as an alternative to, a
13 program established under paragraph (1), a canvass may be
14 used as follows:
15 (i) The registration commission may, by
16 commissioners or by inspectors of registration, verify
17 the registration in an election district by visiting the
18 building from which an elector is registered and other
19 buildings as the commission deems necessary.
20 (ii) The commission shall make a record of the name
21 and address of each registered elector who is found not
22 to reside at the registered address or who, for any other
23 reason, appears to be not qualified to vote in the
24 registered election district.
25 (iii) The commission shall leave at the address of
26 each person referred to in subparagraph (ii) a notice
27 requiring him to communicate with the commission on or
28 before a date which the commission shall designate, and
29 which shall be not less than seven days and not more than
30 15 days from the date of the notice and in any case not
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1 later than the 15th day preceding the election next
2 ensuing, and satisfy the commission of his qualifications
3 as an elector. The commission shall cause a confirmation
4 of each such notice to be sent by mail promptly to such
5 person at the address from which he is registered. The
6 envelope containing such information is to be plainly
7 marked that it is not to be forwarded. At the expiration
8 of the time specified in the notice, the commission shall
9 cancel the registration of such person who has not
10 communicated with the commission and proved his
11 qualifications as an elector.
12 (iv) To facilitate the canvass under this section,
13 the commission may, when necessary, appoint special
14 inspectors of registration, in number not exceeding
15 double the number of election districts being canvassed.
16 (v) Special inspectors must be qualified electors of
17 the county. They shall be appointed without reference to
18 residence in election districts or to political
19 affiliations or beliefs. The commission shall instruct
20 special inspectors in their duties. Special inspectors
21 have the powers conferred by this act upon inspectors of
22 registration.
23 (3) In conjunction with, and not as an alternative to, a
24 program established under paragraph (1), the commission shall
25 send a notice pursuant to subsection (d) to any elector who
26 has not voted nor appeared to vote during the period
27 beginning five years before the date of the notice and ending
28 on the date of the notice and for whom the board of elections
29 did not during that period in any other way receive any
30 information that the voter still resides in the registered
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1 election district.
2 (4) Commissions shall complete, not later than 90 days
3 before each primary, at least once per year the voter removal
4 programs under this section. This paragraph shall not be
5 construed to preclude any of the following:
6 (i) Cancellation of an elector's registration as
7 provided for under subsection (a)(1) or (2).
8 (ii) Correction of registration records in
9 accordance with this act.
10 (c) Identification of inactive voters.--A commission shall
11 mark an "I" on the registration card of each elector who has
12 been mailed a form under subsection (b)(1) or (3) and has failed
13 to respond, which shall be included with all other registration
14 cards for that polling site and located at the individual's
15 polling site on the day of the election.
16 (d) Cancellation of registration.--
17 (1) A commission shall not cancel the registration of an
18 elector on the ground that the elector has changed residence
19 unless any of the following apply:
20 (i) The elector confirms in writing that the elector
21 has changed residence to a location outside the county in
22 which the elector is registered.
23 (ii) The elector:
24 (A) has failed to respond to a notice described
25 in paragraph (2); and
26 (B) has not voted nor appeared to vote and, if
27 necessary, corrected the commission's record of the
28 elector's address, in an election during the period
29 beginning on the date of the notice and ending on the
30 day after the date of the second general election for
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1 Federal office that occurs after the date of the
2 notice.
3 (2) A notice, as required in paragraph (1)(ii), is
4 acceptable if it is a postage prepaid and preaddressed return
5 card, sent by forwardable mail, on which the elector may
6 state the elector's current address, if it contains a notice
7 as follows:
8 (i) The notice must state all of the following:
9 (A) If the elector did not change residence or
10 changed residence but still resides in the county,
11 the elector must return the card not later than 30
12 days prior to the next election. If the card is not
13 returned, affirmation or confirmation of the
14 elector's address may be required before the elector
15 is permitted to vote in an election during the period
16 beginning on the date of the notice and ending on the
17 day after the date of the second general election for
18 Federal office that occurs after the date of the
19 notice. If the elector does not vote in an election
20 during that period, the elector's registration shall
21 be canceled.
22 (B) If the elector has changed residence to a
23 place outside the county in which the elector is
24 registered, information shall be provided concerning
25 how the elector can register in the new county of
26 residence.
27 (ii) The notice must state the date of the notice,
28 the date of the next election and the date of the second
29 general election for Federal office occurring after the
30 date of the notice.
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1 (3) The commission shall correct registration records in
2 accordance with change of residence information obtained in
3 conformance with this subsection.
4 Section 908. Procedure for voting following failure to return
5 notification card.
6 (a) Same county.--
7 (1) An elector who has moved from an address in the
8 county covered by a polling place to an address covered by
9 the same polling place shall, notwithstanding failure to
10 notify the commission prior to the date of an election, be
11 permitted to vote in that polling place upon written
12 affirmation by the elector of the change of address before an
13 election official at that polling place.
14 (2) An elector who has moved from one address in the
15 county to another address in the same county and who has
16 failed to notify the commission of the change of address
17 prior to the date of an election shall be permitted to
18 correct the voting records and vote at the elector's former
19 polling place upon written affirmation by the elector of the
20 new address before an election official at the former polling
21 place.
22 (b) Different county.--An elector who has moved from one
23 county to another county and who has failed to notify the
24 commission of the change of address prior to the date of the
25 election shall be permitted to correct the voting records and
26 vote at the elector's former polling place upon written
27 affirmation by the elector of the new address before an election
28 official at the former polling place.
29 Section 909. Incorrect records.
30 If registration records incorrectly indicate that an elector
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1 has moved from an address in the area covered by a polling
2 place, the elector shall, upon written affirmation before an
3 election official at that polling place, be permitted to vote at
4 that polling place.
5 Section 910. Files.
6 (a) Cancellation.--If the registration of an elector is
7 canceled, the registration commission shall mark on the
8 registration cards of the elector the word "canceled" and the
9 date and cause of cancellation. The commission shall remove the
10 card from the general register and the district register.
11 Removed cards shall be retained for five years.
12 (b) Nonessential records.--Records which are not essential
13 for maintaining the current status of a qualified elector may be
14 destroyed by the commission three years from the date the
15 commission marks them as nonessential.
16 Section 911. Errors in cancellation or suspension. <--
17 (a) Petition.--If the registration of an elector has been
18 canceled or suspended through error, the elector may petition <--
19 the registration commission for reinstatement.
20 (b) Time.--The petition must be filed by the tenth day
21 preceding an election.
22 (c) Action.--
23 (1) The commission shall hold a hearing on the petition.
24 (2) If the commission finds that there was an error, the
25 commission shall reinstate the registration.
26 CHAPTER 11
27 COMMISSION PROCEEDINGS
28 Section 1101. Subpoenas and witness fees.
29 (a) Authorization.--The commission may issue a subpoena.
30 (b) Form and effect.--A subpoena under subsection (a) shall
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1 be in substantially the same form and have the same force and
2 effect as a subpoena issued by a court of common pleas. The
3 commission shall have the benefit of the process of the
4 appropriate court of common pleas if necessary to enforce a
5 subpoena.
6 (c) Benefit.--A subpoena may be issued as follows:
7 (1) Upon the motion of the commission.
8 (2) Upon motion of a party before the commission. A
9 subpoena under this paragraph is only valid for one day. It
10 must be renewed by 4 p.m. for the next day.
11 (d) Fees.--
12 (1) Witnesses subpoenaed under this section shall be
13 compensated under 42 Pa.C.S. § 5903 (relating to compensation
14 and expenses of witnesses).
15 (2) Witnesses subpoenaed under subsection (c)(1) shall
16 be paid by commission funds.
17 (3) Witnesses subpoenaed under subsection (c)(2) shall
18 be paid by the party. No subpoena shall be issued under
19 subsection (c)(2) until the party pays the commission a fee
20 of 25¢ for issuing the same and deposits with the commission
21 one day's witness fees for each witness to be summoned.
22 (4) As soon as convenient after a hearing is concluded
23 or continued, the commission shall pay witnesses under
24 paragraphs (2) and (3). Unearned fees deposited under
25 paragraph (3) shall be refunded to the depositing party.
26 (5) If the petition of the elector is sustained, the
27 commission shall pay to the elector all costs paid on the
28 elector's behalf.
29 (e) Commission funds.--The commission shall pay over to the
30 county treasurer fees received under subsection (d)(3). The
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1 accounts of the commission respecting payments under subsection
2 (d)(2) shall be subject to audit by the county controller.
3 CHAPTER 13
4 JUDICIAL REVIEW
5 Section 1301. Court of common pleas.
6 (a) Standing.--The following have standing to appeal an
7 action of a registration commission to the appropriate court of
8 common pleas:
9 (1) An individual whose claim for registration has been
10 denied.
11 (2) An individual whose registration has been canceled
12 or suspended by the commission. <--
13 (3) A qualified elector of a municipality whose rights
14 are impaired by any general order made by the commission.
15 (b) Time.--An appeal under subsection (a) must be made by
16 the seventh day preceding an election.
17 (c) Grounds.--The appeal must request relief and set forth
18 the grounds for relief.
19 (d) Hearing.--Upon timely receipt of an appeal under this
20 section, the court shall conduct a hearing.
21 (e) Order.--If the court finds that an injustice has been
22 done, it shall reverse or modify the ruling of the commission
23 and issue appropriate injunctive relief.
24 (f) Costs.--
25 (1) Except as provided in paragraph (2), the court may
26 award costs for the appeal to the prevailing party.
27 (2) Costs may not be assessed against a commission or a
28 county.
29 Section 1302. Commission duties.
30 In an appeal under section 1301, the registration commission
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1 shall produce any petition, register or other record in its
2 custody relevant to the issue involved.
3 CHAPTER 15
4 PENALTIES
5 Section 1501. Lawful orders.
6 A person who intentionally disobeys a lawful order of a
7 registration commission or a commissioner commits a misdemeanor
8 of the third degree and shall, upon conviction, be sentenced to
9 pay a fine of not more than $2,500.
10 Section 1502. Registration.
11 (a) Improper.--A registrar, commissioner or clerk who
12 knowingly registers or permits the registration of an individual
13 not lawfully entitled to be registered commits a misdemeanor of
14 the first degree and shall, upon conviction, be sentenced to pay
15 a fine of not more than $10,000 or to imprisonment for not more
16 than five years, or both.
17 (b) Denial.--A registrar, commissioner or clerk who, without
18 reasonable cause, refuses to register an individual lawfully
19 entitled to be registered commits a misdemeanor of the first
20 degree and shall, upon conviction, be sentenced to pay a fine of
21 not more than $10,000 or to imprisonment for not more than five
22 years, or both.
23 Section 1503. Application.
24 (a) Prohibition.--An individual may not do any of the
25 following:
26 (1) Apply for registration with knowledge or reason to
27 know that the individual is not entitled to registration.
28 (2) Apply for a change of residence with knowledge or
29 reason to know that the individual is not entitled to the
30 change.
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1 (3) Declare as residence a place or address which the
2 individual knows is not the individual's legal residence.
3 (4) Intentionally impersonate another in an application
4 for registration.
5 (b) Penalty.--A person who violates subsection (a) commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 sentenced to pay a fine of not more than $10,000 or to
8 imprisonment for not more than five years, or both, and to
9 forfeit the right of suffrage for ten years.
10 Section 1504. Altering registration.
11 (a) Prohibition.--No registrar, commissioner, clerk or
12 assistant or commission employee may do any of the following:
13 (1) Intentionally insert or permit to be inserted an
14 entry in a registration card without a proper application
15 under this act or without requiring the proper evidence of
16 the right of the applicant to be registered.
17 (2) Intentionally materially alter a registration card
18 after the entries have been made. This paragraph does not
19 apply to an alteration pursuant to an order of a court of
20 common pleas or of the commission.
21 (b) Penalty.--A person who violates subsection (a) commits a
22 misdemeanor of the first degree and shall, upon conviction, be
23 sentenced to pay a fine of not more than $10,000 or to
24 imprisonment for not more than five years, or both.
25 Section 1505. Votes.
26 (a) Prohibition.--An election officer may not do any of the
27 following:
28 (1) Knowingly refuse the vote of a registered and
29 qualified elector.
30 (2) Knowingly accept the vote of a person not registered
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1 under this act. This paragraph does not apply to a person in
2 actual military service or a person having an order of court.
3 (3) Knowingly receive a vote from a person falsely
4 claiming to be a registered voter.
5 (b) Penalty.--A person who violates subsection (a) commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 sentenced to pay a fine of not more than $10,000 or to
8 imprisonment for not more than five years, or both.
9 Section 1506. Duties under act.
10 Any commissioner, registrar, clerk, inspector of
11 registration, commission officer, commission assistant,
12 commission employee, individual, partnership or corporation that
13 intentionally delays, neglects or refuses to perform a duty
14 imposed by this act commits a misdemeanor of the second degree
15 and shall, upon conviction, be sentenced to pay a fine of not
16 more than $5,000 or to imprisonment for not more than two years,
17 or both.
18 Section 1507. Official documents.
19 (a) Prohibition.--A person may not do any of the following:
20 (1) Intentionally insert or permit to be inserted a
21 material entry in any registration card, street list,
22 affidavit, petition, subpoena, certificate, report or other
23 record, authorized or required by this act to be made or
24 prepared for a purpose set forth in this act, which entry is
25 not in accordance with this act.
26 (2) Intentionally materially alter or intentionally
27 destroy an entry which has been made in any registration
28 card, street list, affidavit, petition, subpoena,
29 certificate, report or other record, authorized or required
30 by this act to be made or prepared for a purpose set forth in
19950H1212B1742 - 76 -
1 this act, which alteration or destruction is not in
2 accordance with this act.
3 (3) Remove a record from lawful custody with the intent
4 to prevent the record from being used, inspected or copied.
5 (b) Penalty.--A person who violates subsection (a) commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 sentenced to pay a fine of not more than $6,000 or to
8 imprisonment for not more than three years, or both.
9 Section 1508. Withholding information.
10 A person who intentionally refuses to furnish to a
11 commissioner or an inspector of registration information or
12 documents which the commissioner or inspector is authorized to
13 have under this act commits a misdemeanor of the second degree
14 and shall, upon conviction, be sentenced to pay a fine of not
15 more than $5,000 or to imprisonment for not more than two years,
16 or both.
17 Section 1509. Law enforcement assistance.
18 A law enforcement officer who, upon demand of any
19 commissioner or inspector of registration, fails to render
20 demanded assistance in the maintenance of peace and in the
21 making of arrests without warrant as provided in this act or who
22 intentionally hinders or attempts to hinder any commissioner or
23 inspector of registration in the performance of a duty commits a
24 misdemeanor of the second degree and shall, upon conviction, be
25 sentenced to pay a fine of not more than $5,000 or to
26 imprisonment for not more than two years, or both.
27 Section 1510. Interference.
28 A person who intentionally interferes with any other person
29 in the performance of any act or duty authorized or imposed by
30 this act commits a misdemeanor of the second degree and shall,
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1 upon conviction, be sentenced to pay a fine of not more than
2 $5,000 or to imprisonment for not more than two years, or both.
3 Section 1511. Preventing registration.
4 (a) Prohibition.--No person may do any of the following:
5 (1) Knowingly and intentionally prevent an individual
6 from being registered.
7 (2) By coercion, threats of bodily injury or
8 intimidation, intentionally prevent or attempt to prevent an
9 individual from being registered or from changing political
10 enrollment in accordance with the provisions of this act.
11 (3) Intentionally give or promise or offer to give money
12 or goods to an individual as an inducement for the individual
13 to enroll in a particular party or to change political
14 enrollment.
15 (4) Prevent a record from being used, inspected or
16 copied.
17 (b) Penalty.--A person who violates subsection (a) commits a
18 misdemeanor of the first degree and shall, upon conviction, be
19 sentenced to pay a fine of not more than $10,000 or to
20 imprisonment for not more than five years, or both.
21 Section 1512. Approval of registration.
22 (a) Prohibition.--A person may not do any of the following:
23 (1) Intentionally alter a party designation on a
24 registration card under section 528(c).
25 (2) Intentionally fail to make a transmission under
26 section 528(d).
27 (b) Penalty.--A person who violates subsection (a) commits a
28 misdemeanor of the third degree and shall, upon conviction, be
29 sentenced to pay a fine of $2,500 or to imprisonment for not
30 more than one year, or both.
19950H1212B1742 - 78 -
1 Section 1513. Crimes Code.
2 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
3 4903 (relating to false swearing) and 4904 (relating to unsworn
4 falsification to authorities) apply to violations of this act.
5 CHAPTER 17
6 ENFORCEMENT
7 Section 1701. Attorney General.
8 (a) Investigation.--The secretary shall investigate alleged
9 violations of sections 523 and 525 and report apparent
10 violations to the Attorney General.
11 (b) Prosecution.--Under section 205(a)(6) of the act of
12 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
13 Attorneys Act, the Attorney General shall have prosecutorial
14 jurisdiction over violations reported under subsection (a).
15 Section 1702. District attorneys.
16 (a) Investigation.--Except as provided in section 1701, each
17 commission shall investigate alleged violations of this act
18 within its county and report apparent violations to the district
19 attorney of the county.
20 (b) Prosecution.--Subject to section 205(a)(3) through (5)
21 of the act of October 15, 1980 (P.L.950, No.164), known as the
22 Commonwealth Attorneys Act, the district attorney shall have
23 prosecutorial jurisdiction over violations reported under
24 subsection (a).
25 CHAPTER 51
26 MISCELLANEOUS PROVISIONS
27 Section 5101. Standardized forms.
28 (a) General rule.--Whenever possible, the secretary shall
29 prescribe by regulation standardized registration or application
30 forms which may be used, with prior approval by the secretary,
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1 by political bodies, candidates and organized bodies of citizens
2 in compliance with both the provisions of this act and the act
3 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
4 Election Code.
5 (b) Prior approval.--The secretary shall develop a system
6 whereby political bodies, candidates and organized bodies of
7 citizens may receive prior approval of standardized forms
8 developed pursuant to subsection (a).
9 Section 5102. Application for absentee ballots.
10 (a) General rule.--Notwithstanding the provisions of this
11 act or the act of June 3, 1937 (P.L.1333, No.320), known as the
12 Pennsylvania Election Code, the following persons may make
13 application for an absentee ballot by sending a letter or other
14 signed document to the county board of elections in the county
15 in which the person's voting address is located:
16 (1) Any qualified elector who is unable to attend his
17 polling place on the day of any primary or election because
18 of illness or physical disability.
19 (2) Any qualified elector who expects to be absent from
20 this Commonwealth or the county of residence because duties,
21 occupation or business require him to be elsewhere the day of
22 any primary or election.
23 (3) A county employee who cannot vote due to duties
24 relating to the conduct of elections.
25 (4) A person who will not attend a polling place because
26 of an observance of a religious holiday.
27 (b) Contents of letter or document.--The letter or document
28 under subsection (a) shall provide the same information as is
29 provided on forms prescribed by the secretary.
30 (c) Review and processing.--The letter or document shall be
19950H1212B1742 - 80 -
1 subject to the same schedule as other applications for absentee
2 ballots and upon receipt by the county board of elections shall
3 be reviewed and processed in the same fashion as other
4 applications for absentee ballots.
5 (d) Application prepared by political party.--An absentee
6 ballot application form containing the same information as that
7 contained on the form prescribed by the secretary, which was
8 prepared or distributed by a political party and signed by a
9 qualified elector, shall be deemed for all purposes as valid,
10 and shall be reviewed and processed by the county board of
11 elections in the same manner as applications on forms prescribed
12 by the secretary and supplied by the county board of elections.
13 SECTION 5103. DELIVERING OR MAILING OFFICIAL ABSENTEE BALLOTS. <--
14 (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION (B),
15 AN ABSENTEE BALLOT SHALL ONLY BE DELIVERED TO AN ELECTOR BY MAIL
16 OR OBTAINED DIRECTLY BY AN ELECTOR WHO APPEARS AT THE OFFICE OF
17 THE COUNTY ELECTION BOARD. AN ELECTOR WHO OBTAINS AN ABSENTEE
18 BALLOT AT THE OFFICE OF THE COUNTY ELECTION BOARD SHALL BE
19 REQUIRED TO SIGN AN ACKNOWLEDGMENT OF RECEIPT OF THE BALLOT
20 WHICH SHALL BE RETAINED BY THE COUNTY ELECTION BOARD UNDER
21 SECTION 1302.3(A) OF THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320),
22 KNOWN AS THE PENNSYLVANIA ELECTION CODE. IF ANY PERSON DELIVERS
23 OR ATTEMPTS TO DELIVER HIS ABSENTEE BALLOT BY ANY OTHER MEANS,
24 THE BALLOT SHALL BE DECLARED VOID. A PERSON WHO DELIVERS OR
25 ATTEMPTS TO DELIVER ANOTHER PERSON'S BALLOT BY ANY OTHER MEANS
26 COMMITS A MISDEMEANOR AND SHALL, UPON CONVICTION, BE SENTENCED
27 TO A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR ONE
28 YEAR, OR BOTH, AT THE DISCRETION OF THE COURT.
29 (B) EXCEPTION.--AN OTHERWISE QUALIFIED ELECTOR WHO IS
30 PHYSICALLY DISABLED OR ILL AND WHO HAS EXECUTED AN EMERGENCY
19950H1212B1742 - 81 -
1 ABSENTEE BALLOT APPLICATION IN ACCORDANCE WITH SECTION 1302.1 OF
2 THE PENNSYLVANIA ELECTION CODE MAY DESIGNATE A PERSON WHO SHALL
3 BE PERMITTED TO DELIVER THE ABSENTEE BALLOT TO THE ELECTOR. THE
4 DESIGNATION SHALL BE IN THE FORM OF A STATEMENT PRESCRIBED BY
5 THE SECRETARY AND SHALL BE WITNESSED BY ONE ADULT PERSON.
6 SECTION 5104. APPROPRIATIONS.
7 (A) DEPARTMENT OF STATE.--THE SUM OF $500,000, OR AS MUCH
8 THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE
9 DEPARTMENT OF STATE FOR THE FISCAL YEAR JULY 1, 1994, TO JUNE
10 30, 1995, FOR EXPENSES INCURRED TO IMPLEMENT THE REQUIREMENTS OF
11 THE NATIONAL VOTER REGISTRATION ACT (PUBLIC LAW 103-31, 42
12 U.S.C. SEC. 1973GG ET SEQ.), INCLUDING A STUDY OF THE
13 TECHNOLOGICAL NEEDS AND OTHER ASPECTS OF THE DEVELOPMENT AND
14 IMPLEMENTATION OF A CENTRAL REGISTRY.
15 (B) DEPARTMENT OF TRANSPORTATION.--THE SUM OF $740,000, OR
16 AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO
17 THE DEPARTMENT OF TRANSPORTATION FOR THE FISCAL YEAR JULY 1,
18 1994, TO JUNE 30, 1995, FOR EXPENSES INCURRED TO INTEGRATE VOTER
19 REGISTRATION WITH DRIVER LICENSING TO IMPLEMENT THE REQUIREMENTS
20 OF THE NATIONAL VOTER REGISTRATION ACT OF 1993.
21 Section 5103 5105. Severability. <--
22 The provisions of this act are severable. If any provision of
23 this act or its application to any person or circumstance is
24 held invalid, the invalidity shall not affect other provisions
25 or applications of this act which can be given effect without
26 the invalid provision or application.
27 Section 5104 5106. Repeals. <--
28 (a) Substantive provisions.--The following acts and parts of
29 acts are repealed:
30 Act of March 30, 1937 (P.L.115, No.40), known as The First
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1 Class City Permanent Registration Act.
2 Act of April 29, 1937 (P.L.487, No.115), known as The
3 Permanent Registration Act for Cities of the Second Class,
4 Cities of the Second Class A, Cities of the Third Class,
5 Boroughs, Towns, and Townships.
6 (B) APPROPRIATIONS.--THE FOLLOWING ACTS AND PARTS OF ACTS <--
7 ARE REPEALED:
8 THE APPROPRIATION FOR COSTS TO IMPLEMENT NATIONAL VOTER
9 REGISTRATION REQUIREMENTS IN SECTION 221 OF THE ACT OF JUNE 16,
10 1994 (P.L. , NO.6A), KNOWN AS THE GENERAL APPROPRIATION ACT OF
11 1994.
12 THE APPROPRIATION FOR COSTS TO INTEGRATE VOTER REGISTRATION
13 WITH DRIVER LICENSING IN SECTION 222 OF THE GENERAL
14 APPROPRIATION ACT OF 1994.
15 (b) (C) General repeal.--All other acts and parts of acts <--
16 are repealed insofar as they are inconsistent with this act.
17 Section 5105 5107. Applicability. <--
18 (a) Registration application.--Voter registration
19 applications prepared prior to the effective date of this act
20 may be used to apply for registration under this act.
21 (b) Notice.--In the event that the five-year period for
22 notice to electors provided for under section 907(b)(3) has been
23 declared invalid or rejected by a court of competent
24 jurisdiction or by the United States Department of Justice,
25 after all appeals have been exhausted and upon certification to
26 the Secretary of the Commonwealth and publication in the
27 Pennsylvania Bulletin, notice shall be given in accordance with
28 section 907(b)(3) after a period of ten years. In the event that
29 a ten-year period has been certified to the Secretary of the
30 Commonwealth as invalid and upon publication in the Pennsylvania
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1 Bulletin, notice shall be given in accordance with section
2 907(b)(3) after a period of 20 years.
3 Section 5106 5108. Retroactivity. <--
4 Sections 5101 and 5102(b) shall apply retroactively to July
5 1, 1994.
6 Section 5107 5109. Effective date. <--
7 This act shall take effect immediately.
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