PRINTER'S NO. 2231
No. 1744 Session of 2005
INTRODUCED BY VEON, BEBKO-JONES, BIANCUCCI, CALTAGIRONE,
FREEMAN, GERGELY, GOODMAN, GRUCELA, JAMES, JOSEPHS, KOTIK,
LaGROTTA, LEDERER, MUNDY, RAMALEY, SHANER, SOLOBAY, WHEATLEY,
YOUNGBLOOD, LEACH, LEVDANSKY, OLIVER, ROONEY, SHAPIRO, STURLA
AND WOJNAROSKI, JUNE 15, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 15, 2005
AN ACT
1 Amending Title 25 (Elections) of the Pennsylvania Consolidated
2 Statutes, further providing for approval of registration
3 applications, for challenges, for hearings and for appeals to
4 court of common pleas.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1328, 1329, 1330 and 1602 of Title 25 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 1328. Approval of registration applications.
10 (a) Examination.--Upon receiving a voter registration
11 application, a commissioner, clerk or registrar of a commission
12 shall do all of the following:
13 (1) Initial and date the receipt of the application.
14 (1.1) Notify by means of a postcard addressed to the
15 applicant that the application has been received. This notice
16 shall be given to the applicant no later than 20 days prior
17 to the election.
1 (2) Examine the application to determine all of the
2 following:
3 (i) Whether the application is complete.
4 (ii) Whether the applicant is a qualified elector.
5 (iii) Whether the applicant has an existing
6 registration record. After the commission is connected to
7 the SURE system, the commissioner, clerk or registrar
8 shall search the SURE system on a Statewide basis to
9 determine if the applicant has an existing registration
10 record.
11 (iv) Whether the applicant is entitled or qualified
12 to receive the requested transfer or change, if
13 applicable.
14 (b) Decision.--A commission shall do one of the following:
15 (1) Record and forward a voter registration application
16 to the proper commission if the commission finds during its
17 examination under subsection (a) that the applicant does not
18 reside within the commission's county but resides elsewhere
19 in this Commonwealth.
20 (2) Reject a voter registration application, indicate
21 the rejection and the reasons for the rejection on the
22 application and notify the applicant by first class
23 nonforwardable mail, return postage guaranteed of the
24 rejection and the reason if the commission finds during its
25 examination under subsection (a) any of the following:
26 (i) The application was not properly completed and,
27 after reasonable efforts by the commission to ascertain
28 the necessary information, the application remains
29 incomplete or inconsistent.
30 (ii) The applicant is not a qualified elector.
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1 (iii) The applicant is not entitled to a transfer of
2 registration or a change of address.
3 (iv) The applicant is not legally qualified for a
4 change of name.
5 A rejection shall be made no later than [ten] 15 days before
6 the election succeeding the filing of the application.
7 (3) Process a voter registration application in
8 accordance with subsection (c) if the commission finds during
9 its examination under subsection (a) all of the following:
10 (i) The application requests registration.
11 (ii) The application contains the required
12 information indicating that the applicant is a qualified
13 elector of the county.
14 (4) Process a voter registration application in
15 accordance with subsection (c) and update its registration
16 records if the commission finds during its examination under
17 subsection (a) all of the following:
18 (i) The application requests registration.
19 (ii) The application contains the required
20 information indicating that the applicant is a qualified
21 elector of the county.
22 (iii) The applicant is currently a registered
23 elector of the county.
24 (5) Process a voter registration application in
25 accordance with subsection (c) and request transfer of
26 registration records in accordance with subsection (d) if the
27 commission finds during its examination under subsection (a)
28 all of the following:
29 (i) The application requests registration.
30 (ii) The application contains the required
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1 information indicating that the applicant is a qualified
2 elector of the county.
3 (iii) The applicant is currently a registered
4 elector of another county.
5 (6) Process a voter registration application in
6 accordance with subsection (c) and request transfer of
7 registration records in accordance with subsection (d) if the
8 commission finds during its examination under subsection (a)
9 all of the following:
10 (i) The application requests a transfer of
11 registration.
12 (ii) The application contains the required
13 information indicating that the applicant is a qualified
14 elector of the county.
15 (iii) The applicant is currently a registered
16 elector of another county.
17 (7) Process a voter registration application in
18 accordance with subsection (c) and update its registration if
19 the commission finds during its examination under subsection
20 (a) all of the following:
21 (i) The application requests a change of address.
22 (ii) The application contains the required
23 information indicating that the applicant is a qualified
24 elector of the county.
25 (iii) The applicant is currently a registered
26 elector of the county.
27 (8) Process a voter registration application in
28 accordance with subsection (c) and update its registration
29 records if the commission finds during its examination under
30 subsection (a) all of the following:
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1 (i) The application requests a change of name.
2 (ii) The applicant is legally qualified to a change
3 of name.
4 (iii) The application contains the required
5 information indicating that the applicant is a qualified
6 elector of the county.
7 (iv) The applicant is currently a registered elector
8 of the county.
9 (c) Processing of voter registration.--
10 (1) When a commission has accepted a voter registration
11 application under subsection (b)(3), the commission shall
12 assign each applicant a unique identification number in the
13 SURE system. The commission shall mail a wallet-sized voter's
14 identification card to the individual by first class
15 nonforwardable mail, return postage guaranteed, which shall
16 serve as notice of the acceptance of the application. [The
17 card shall contain all of the following:] The card shall be
18 mailed no later than 14 days prior to the election and shall
19 contain all of the following:
20 (i) Name and address of the individual.
21 (ii) Name of municipality of residence.
22 (iii) Identification of the individual's ward and
23 district.
24 (iv) The effective date of registration.
25 (v) Designation of party enrollment and date of
26 enrollment.
27 (vi) A space for the individual's signature or mark.
28 (vii) The unique identification number of the
29 individual.
30 (viii) A statement that the individual must notify
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1 the commission within [ten] five business days from the
2 date it was mailed if any information on the card is
3 incorrect; otherwise, the information shall be deemed
4 correct for voter registration purposes.
5 (2) When a commission has accepted a voter registration
6 application under subsection (b)(4), (5), (6), (7) or (8),
7 the commission shall mail a wallet-sized voter's
8 identification card to the individual by first class
9 nonforwardable mail, return postage guaranteed, which shall
10 serve as notice of the acceptance of the application. [The
11 card shall contain all of the following:] The card shall be
12 mailed no later than 14 days prior to the election and shall
13 contain all of the following:
14 (i) Name and address of the individual.
15 (ii) Name of municipality of residence.
16 (iii) Identification of the individual's ward and
17 district.
18 (iv) The effective date of registration.
19 (v) Designation of party enrollment and date of
20 enrollment.
21 (vi) A space for the individual's signature or mark.
22 (vii) The SURE registration number of the
23 individual.
24 (viii) A statement that the individual must notify
25 the commission within [ten] five business days from the
26 date it was mailed if any information on the card is
27 incorrect; otherwise, the information shall be deemed
28 correct for voter registration purposes.
29 (3) An envelope containing a voter identification card
30 shall be marked on the outside with a request to the
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1 postmaster to return it within five days if it cannot be
2 delivered to the addressee at the address given.
3 (4) (i) If an envelope containing a voter
4 identification card has been mailed in accordance with
5 paragraphs (1) and (3) and has not been returned to the
6 commission by the postmaster within ten days from the
7 date it was mailed, the individual shall be deemed a
8 registered elector of the county and the commission shall
9 enter the individual's registration information in the
10 general register. The unique identification number shall
11 be entered as the registered elector's SURE registration
12 number. No person shall be deemed a registered elector of
13 the county until ten days after the voter identification
14 card has been mailed.
15 (ii) If an envelope containing a voter
16 identification card has been mailed in accordance with
17 paragraphs (2) and (3) and has not been returned to the
18 commission by the postmaster within ten days from the
19 date it was mailed, the individual shall be deemed a
20 registered elector of the county and the commission shall
21 enter the individual's registration information in the
22 general register. No person shall be deemed a registered
23 elector of the county until ten days after the voter
24 identification card has been mailed.
25 [(5)] (iii) If an envelope containing a voter
26 identification card is returned by the postmaster because
27 the envelope is undeliverable at the given address, the
28 commission shall investigate. If the commission finds
29 that the individual is not qualified to register from the
30 address, the commission shall reject the application and
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1 shall notify the individual by first class forwardable
2 mail of this action.
3 (d) Transfer of registration records.--
4 (1) If, during application, an individual discloses that
5 the individual is a registered elector of another county, the
6 commission of the individual's new county of residence shall
7 direct a cancellation notice to the commission of the
8 individual's former county of residence in accordance with
9 regulations promulgated under this part.
10 (2) Upon receipt of a notice transmitted in accordance
11 with paragraph (1), the commission of the individual's former
12 county of residence shall investigate. If the commission
13 finds that the individual is a registered elector of the
14 county, the commission shall verify the address change with
15 the registered elector in accordance with this part. Upon
16 verifying that the registered elector has moved to another
17 county of residence, the commission shall cancel the
18 registered elector's registration, transfer a copy of the
19 canceled registration record to the commission of the
20 registered elector's new county of residence and retain a
21 record of the transfer. The commission of both counties shall
22 promptly update information contained in their registration
23 records.
24 (e) Challenges.--All challenges to applications for
25 registration shall be made as provided in section 1329 (relating
26 to challenges).
27 § 1329. Challenges.
28 (a) Standing.--An individual claiming the right to be
29 registered may be challenged by a commissioner, registrar or
30 clerk or by a qualified elector of the municipality.
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1 (b) Complaint.--To make a challenge, a complainant must file
2 a challenge affidavit in a form prescribed by the secretary
3 containing the following information:
4 (1) Name of challenged individual.
5 (2) Address of challenged individual.
6 (3) Name of complainant.
7 (4) Address of complainant.
8 (5) Date of affidavit.
9 (6) Reason for challenge.
10 (c) Response.--An individual who is challenged must respond
11 to the challenge affidavit as set forth in subsection (b) in a
12 written statement sworn or affirmed by the individual. [The
13 challenged individual must produce such other evidence as may be
14 required to satisfy the registrar or commissioner as to the
15 individual's qualifications as a qualified elector.] The
16 challenged individual must produce sufficient evidence to
17 satisfy the registrar or commissioner as to the individual's
18 qualification as a qualified elector. A receipt or stamped
19 application, administered by the county voter registration
20 office or Department of Transportation shall establish a
21 presumption of registration.
22 (d) Resolution.--If the challenged individual establishes to
23 the satisfaction of the commission the right to be registered as
24 required by this part, the challenged individual shall be
25 registered. If the challenged individual does not establish to
26 the satisfaction of the commission the right to be registered as
27 provided in this part, the challenged individual's registration,
28 if any, shall be canceled, and the commission shall promptly
29 update information contained in its registration records.
30 § 1330. Appeals.
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1 (a) Right.--An individual whose application to be registered
2 has been denied may file with the commission a petition to be
3 registered, setting forth the grounds of the petition under oath
4 or affirmation. The petition must be filed by the [15th] seventh
5 business day prior to an election.
6 (b) Hearing.--
7 (1) The commission shall fix a time for a public hearing
8 at its office not later than the [tenth] fifth business day
9 prior to the election.
10 (2) The commission shall give the person responsible for
11 the rejection 48 hours' notice of the hearing.
12 (3) At the hearing, a clerk, inspector of registration
13 or qualified elector of the county may offer evidence as to
14 why the petitioner should not be registered.
15 (4) The commission, if satisfied that the petitioner is
16 entitled to be registered, shall direct registration.
17 § 1602. Court of common pleas.
18 (a) Standing.--The following have standing to appeal an
19 action of a commission to the appropriate court of common pleas:
20 (1) An applicant whose claim for registration has been
21 denied.
22 (2) An individual whose registration has been canceled
23 by a commission.
24 (3) A qualified elector of a municipality whose rights
25 are impaired by any general order made by a commission.
26 (b) Time.--An appeal under subsection (a) must be made by
27 the [seventh] fifth day preceding an election.
28 (c) Grounds.--The appeal must request relief and set forth
29 the grounds for relief.
30 (d) Hearing.--Upon timely receipt of an appeal under this
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1 section, the court shall conduct a hearing.
2 (e) Order.--If the court finds that an injustice has been
3 done, it shall reverse or modify the ruling of the commission
4 and issue appropriate injunctive relief.
5 (f) Costs.--
6 (1) Except as provided in paragraph (2), the court may
7 award costs for the appeal to the prevailing party.
8 (2) Costs may not be assessed against a commission or a
9 county.
10 Section 2. This act shall take effect in 60 days.
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