PRINTER'S NO. 3285
No. 2362 Session of 2002
INTRODUCED BY JAMES, WATERS, STEELMAN, WASHINGTON, J. WILLIAMS, KIRKLAND, LEVDANSKY, MYERS, D. EVANS, THOMAS, CALTAGIRONE, BEBKO-JONES, LAUGHLIN, ROBINSON, TRICH AND YOUNGBLOOD, FEBRUARY 11, 2002
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 11, 2002
AN ACT 1 Providing for election day registration; and imposing penalties. 2 TABLE OF CONTENTS 3 Chapter 1. Preliminary Provisions 4 Section 101. Short title. 5 Section 102. Definitions. 6 Chapter 3. Election Day Registration 7 Section 301. Election day registration. 8 Section 302. Procedure. 9 Section 303. Maps. 10 Section 304. Record of attempted registrations. 11 Section 305. Verification by mail. 12 Chapter 5. Enforcement and Penalties 13 Section 501. Prohibited act. 14 Section 502. Enforcement. 15 Chapter 11. Miscellaneous Provisions 16 Section 1101. Construction of act.
1 Section 1102. Regulations. 2 Section 1103. Repeals. 3 Section 1104. Applicability. 4 Section 1105. Effective date. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 CHAPTER 1 8 PRELIMINARY PROVISIONS 9 Section 101. Short title. 10 This act shall be known and may be cited as the Election Day 11 Registration Act. 12 Section 102. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "County board." The county board of elections. 17 "Department." The Department of State of the Commonwealth. 18 CHAPTER 3 19 ELECTION DAY REGISTRATION 20 Section 301. Election day registration. 21 (a) General rule.--An individual otherwise eligible to vote 22 may register to vote on the day of any primary, municipal or 23 general election by appearing in person at the polling place for 24 the election district in which the individual maintains 25 residence, completing a registration card, making an oath in the 26 form prescribed by the department and providing proof of 27 residence. 28 (b) Proof of residence.--An individual may prove residence 29 by any of the following methods: 30 (1) By displaying a valid driver's license. 20020H2362B3285 - 2 -
1 (2) By showing any document approved by the department. 2 (3) By the written statement of an elector registered to 3 vote in that election district, sworn to in the presence of a 4 judge of elections, stating to the effect that the elector 5 personally knows that the individual is a resident of the 6 election district. An individual who proves residence under 7 this paragraph on election day may not sign a proof of 8 residence oath vouching for any other individual on that 9 election day. 10 Section 302. Procedure. 11 (a) Judges of elections.--Voter registration under this act 12 shall be conducted by judges of elections. A judge who registers 13 an individual voter may not process that voter's ballot at any 14 time prior to opening of the ballot box after the voting ends. 15 (b) Registration cards.--Registration cards and forms for 16 oaths shall be available at each polling place. If an individual 17 who registers on election day proves residence under section 18 301(b)(3), the form containing that statement shall be attached 19 to the individual's registration card. Registration cards 20 completed on election day shall be forwarded to the appropriate 21 county board, which shall add the name of each voter to the 22 registration rolls unless the information forwarded is 23 substantially deficient. Each judge of elections registering a 24 person on election day shall initial the voter registration card 25 of that individual. 26 (c) Deficient registration.--A county board which finds an 27 election day registration substantially deficient shall mail 28 written notice of same to the individual. An election day 29 registration shall not be found deficient solely because the 30 individual who provided proof of residence was ineligible to do 20020H2362B3285 - 3 -
1 so. 2 Section 303. Maps. 3 The county board shall provide each polling place with a 4 detailed map showing election districts in order to assist 5 judges of elections in determining whether an address is located 6 in that district. 7 Section 304. Record of attempted registrations. 8 The judge of elections responsible for election day 9 registration at each polling place shall keep a record of the 10 number of individuals who attempt to register on election day 11 but who cannot provide proof of residence as required by this 12 act. This record shall be forwarded to the county board with the 13 election returns for that election district. 14 Section 305. Verification by mail. 15 Within ten days of an election, each county board shall send 16 a notice to a random sampling of no less than 25% of individuals 17 registered on election day. The random sampling shall be 18 determined in accordance with the rules of the department. As 19 soon as practicable after the election, the county board shall 20 mail registration verification notices to all individuals 21 registered on election day. If a notice is returned as not 22 deliverable, the county board shall attempt to determine the 23 reason for the return. A county board which does not receive or 24 obtain satisfactory proof of an individual's eligibility to vote 25 shall immediately notify the district attorney and the 26 department. 27 CHAPTER 5 28 ENFORCEMENT AND PENALTIES 29 Section 501. Prohibited acts. 30 (a) General.--A person may not do any of the following: 20020H2362B3285 - 4 -
1 (1) Cause an individual's name to be registered in any 2 election district if that individual is not eligible to vote. 3 (2) Cause an individual's name to be registered for the 4 purpose of voting in more than one election district or in 5 any election district in which the individual does not 6 maintain residence. 7 (3) Misrepresent an individual's identity when 8 attempting to register to vote. 9 (4) Aid, abet, counsel or procure any other individual 10 to violate this act. 11 (b) Judge of elections.--A judge of elections may not allow 12 an unregistered voter to vote in any election. 13 (c) Grading.--A violation of this section constitutes a 14 misdemeanor of the second degree. 15 Section 502. Enforcement. 16 Prosecution for violations of this act shall be brought by 17 the district attorney, upon information supplied by the 18 department, a county election officer or any person. 19 CHAPTER 11 20 MISCELLANEOUS PROVISIONS 21 Section 1101. Construction of act. 22 This act shall be construed as providing a procedure for 23 registration in addition to those methods as are now provided by 24 law. 25 Section 1102. Regulations. 26 The department may promulgate rules and regulations to 27 administer and enforce this act. 28 Section 1103. Repeals. 29 All acts and parts of acts are repealed insofar as they are 30 inconsistent with this act. 20020H2362B3285 - 5 -
1 Section 1104. Applicability. 2 This act shall apply to the municipal or general election 3 occurring in the year next following the year of final enactment 4 of this act, and to each primary, municipal and general election 5 thereafter. 6 Section 1105. Effective date. 7 This act shall take effect immediately. C29L25SFL/20020H2362B3285 - 6 -