PRIOR PRINTER'S NOS. 645, 927, 1513 PRINTER'S NO. 1628
No. 607 Session of 2001
INTRODUCED BY BELL, CONTI, DENT, CORMAN, JUBELIRER, BRIGHTBILL,
THOMPSON, WENGER, MURPHY, MADIGAN, TOMLINSON, M. WHITE,
RHOADES, WAUGH, HELFRICK, LAVALLE, KUKOVICH, BOSCOLA AND
GERLACH, MARCH 12, 2001
SENATE AMENDMENTS TO HOUSE AMENDMENTS, DECEMBER 12, 2001
AN ACT
1 Amending the act of November 1, 1971 (P.L.495, No.113), <--
2 entitled, as amended, "An act providing for the compensation
3 of county officers in counties of the second through eighth
4 classes, for compensation of district attorneys in cities and
5 counties of the first class, for compensation of district
6 election officers in all counties, for the disposition of
7 fees, for filing of bonds in certain cases and for duties of
8 certain officers," further providing for the compensation of
9 clerks of election and machine operators; and making a
10 repeal.
11 AMENDING TITLE 25 (ELECTIONS) OF THE PENNSYLVANIA CONSOLIDATED <--
12 STATUTES, CODIFYING PROVISIONS RELATING TO COMPENSATION OF
13 CLERKS OF ELECTION AND MACHINE OPERATORS; CODIFYING THE
14 PENNSYLVANIA VOTER REGISTRATION ACT BY PROVIDING FOR ABSENTEE
15 BALLOTS AND FOR VOTER REGISTRATION AND BY ESTABLISHING A
16 STATEWIDE UNIFORM REGISTRY OF ELECTORS; IMPOSING POWERS AND
17 DUTIES ON THE SECRETARY OF THE COMMONWEALTH AND THE
18 LEGISLATIVE REFERENCE BUREAU; AND MAKING REPEALS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 10.2 of the act of November 1, 1971 <--
22 (P.L.495, No.113), entitled, as amended, "An act providing for
23 the compensation of county officers in counties of the second
24 through eighth classes, for compensation of district attorneys
25 in cities and counties of the first class, for compensation of
1 district election officers in all counties, for the disposition
2 of fees, for filing of bonds in certain cases and for duties of
3 certain officers," added October 31, 1997 (P.L.482, No.48), is
4 amended by adding a subsection to read:
5 Section 10.2. * * *
6 (a.1) If a county board of elections authorizes that the
7 duties of a clerk of elections or machine operator may be
8 performed by two individuals who each perform such duties for
9 one-half of an election day, such individuals shall each be
10 compensated at one-half of the rate authorized for a single
11 individual who performs the duties for the entire election day.
12 * * *
13 Section 2. Section 404 of the act of June 3, 1937 (P.L.1333,
14 No.320), known as the Pennsylvania Election Code, is repealed to
15 the extent that it prohibits the sharing of the duties of the
16 authorized positions of clerk of elections or machine operator.
17 Section 3. This act shall take effect immediately.
18 SECTION 1. TITLE 25 OF THE PENNSYLVANIA CONSOLIDATED <--
19 STATUTES IS AMENDED BY ADDING PARTS TO READ:
20 PART II
21 ELECTION AND REGISTRATION OFFICIALS
22 SUBCHAPTER
23 A. PRELIMINARY PROVISIONS
24 B. COMPENSATION
25 SUBCHAPTER A
26 PRELIMINARY PROVISIONS
27 SEC.
28 701. DEFINITIONS.
29 § 701. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
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1 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "DISTRICT ELECTION BOARD." ELECTION OFFICERS REQUIRED FOR
4 THE CONDUCT OF ELECTIONS IN ANY ELECTION DISTRICT IN ACCORDANCE
5 WITH THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
6 PENNSYLVANIA ELECTION CODE.
7 "ELECTION." A GENERAL, MUNICIPAL, SPECIAL OR PRIMARY
8 ELECTION.
9 "ELECTION DISTRICT." A DISTRICT, DIVISION OR PRECINCT
10 ESTABLISHED IN ACCORDANCE WITH THE ACT OF JUNE 3, 1937
11 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IN
12 WHICH ALL QUALIFIED ELECTORS ARE ELIGIBLE TO VOTE IN THE SAME
13 POLLING PLACE.
14 SUBCHAPTER B
15 COMPENSATION
16 SEC.
17 711. COMPENSATION OF CERTAIN ELECTION OFFICIALS.
18 § 711. COMPENSATION OF CERTAIN ELECTION OFFICIALS.
19 (A) GENERAL RULE.--IN ALL COUNTIES REGARDLESS OF CLASS, THE
20 COMPENSATION OF JUDGES OF ELECTION, INSPECTORS OF ELECTION,
21 CLERKS AND MACHINE OPERATORS AS PROVIDED IN ARTICLE IV OF THE
22 ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
23 PENNSYLVANIA ELECTION CODE, SHALL BE FIXED BY THE COUNTY BOARD
24 OF ELECTIONS FOR EACH ELECTION IN ACCORDANCE WITH THE FOLLOWING:
25 ELECTION OFFICERS MINIMUM MAXIMUM
26 COMPENSATION COMPENSATION
27 JUDGES OF ELECTION $45 $100
28 INSPECTORS OF ELECTION,
29 CLERKS AND MACHINE OPERATORS $40 $95
30 (B) SHARED DUTIES.--IF A COUNTY BOARD OF ELECTIONS
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1 AUTHORIZES THAT THE DUTIES OF A CLERK OF ELECTIONS OR MACHINE
2 OPERATOR MAY BE PERFORMED BY TWO INDIVIDUALS WHO EACH PERFORM
3 SUCH DUTIES FOR ONE-HALF OF AN ELECTION DAY, SUCH INDIVIDUALS
4 SHALL EACH BE COMPENSATED AT ONE-HALF OF THE RATE AUTHORIZED FOR
5 A SINGLE INDIVIDUAL WHO PERFORMS THE DUTIES FOR THE ENTIRE
6 ELECTION DAY.
7 (C) EXCEPTIONS.--THE COUNTY BOARD OF ELECTIONS MAY, IN ITS
8 DISCRETION, ESTABLISH DIFFERENT PER DIEM RATES WITHIN THE MINIMA
9 AND MAXIMA PROVIDED FOR IN SUBSECTION (A) BASED ON THE NUMBER OF
10 VOTES CAST FOR THE FOLLOWING GROUPS:
11 (1) 150 VOTES OR LESS.
12 (2) 151 TO 300 VOTES.
13 (3) 301 TO 500 VOTES.
14 (4) 501 TO 750 VOTES.
15 (5) 751 VOTES AND OVER.
16 (D) ADDITIONAL FEES.--FOR TRANSMITTING RETURNS OF ELECTIONS
17 AND THE BALLOT BOX OR BOXES, ALL JUDGES OF ELECTION SHALL BE
18 ENTITLED TO RECEIVE THE ADDITIONAL SUM OF $10.
19 (E) MINORITY INSPECTOR OF ELECTIONS.--THE COUNTY BOARD OF
20 ELECTIONS MAY, IN ITS DISCRETION, REQUIRE THE MINORITY INSPECTOR
21 OF ELECTION TO ACCOMPANY THE JUDGE OF ELECTION IN TRANSMITTING
22 THE RETURNS OF ELECTIONS, IN WHICH CASE THE MINORITY INSPECTOR
23 OF ELECTION SHALL BE ENTITLED TO RECEIVE THE ADDITIONAL SUM OF
24 $10.
25 (F) TRANSPORTATION.--THE PERSON FURNISHING TRANSPORTATION TO
26 THE JUDGE OF ELECTION AND THE MINORITY INSPECTOR IN TRANSMITTING
27 RETURNS AND BALLOT BOXES SHALL BE ENTITLED TO A MINIMUM OF 30¢
28 PER CIRCULAR MILE FROM THE POLLING PLACE TO THE COUNTY COURT
29 HOUSE. THE NAME OF SUCH PERSON SHALL APPEAR ON THE VOUCHER OF
30 THE JUDGE OF ELECTION, AND ONLY ONE PERSON SHALL RECEIVE MILEAGE
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1 COMPENSATION.
2 (G) CONSTABLES.--A CONSTABLE OR DEPUTY CONSTABLE PERFORMING
3 DUTIES UNDER SECTION 1207 OF THE PENNSYLVANIA ELECTION CODE
4 SHALL RECEIVE COMPENSATION AT THE SAME RATE PAYABLE TO AN
5 INSPECTOR.
6 (H) SPECIAL ELECTIONS.--WHEN A PRIMARY AND SPECIAL ELECTION
7 OR A SPECIAL ELECTION AND A GENERAL OR MUNICIPAL ELECTION TAKE
8 PLACE ON THE SAME DATE, THEY SHALL BE CONSTRUED AS ONE ELECTION
9 FOR THE PURPOSE OF RECEIVING COMPENSATION.
10 (I) INCOME.--COMPENSATION AND OTHER PAYMENTS RECEIVED BY
11 ELECTION OFFICIALS PURSUANT TO THIS SECTION SHALL NOT BE DEEMED
12 INCOME CLASSIFIED AND CATEGORIZED UNDER SECTION 303 OF THE ACT
13 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
14 1971.
15 PART IV
16 VOTER REGISTRATION
17 CHAPTER
18 11. PRELIMINARY PROVISIONS
19 12. REGISTRATION SYSTEM
20 13. VOTER REGISTRATION
21 14. RECORDS
22 15. CHANGES IN RECORDS
23 16. COMMISSION PROCEEDINGS AND JUDICIAL REVIEW
24 17. PENALTIES
25 18. ENFORCEMENT
26 19. PROVISIONS CONTINGENT ON FEDERAL LAW
27 CHAPTER 11
28 PRELIMINARY PROVISIONS
29 SEC.
30 1101. SCOPE.
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1 1102. DEFINITIONS.
2 1103. APPLICABILITY.
3 1104. CONSTRUCTION.
4 1105. STANDARDIZED FORMS.
5 1106. APPLICATIONS.
6 1107. EXISTING ELECTORS.
7 1108. ADMINISTRATION.
8 § 1101. SCOPE.
9 THIS PART DEALS WITH VOTER REGISTRATION.
10 § 1102. DEFINITIONS.
11 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
12 PROVISIONS OF THIS PART WHICH ARE APPLICABLE TO SPECIFIC
13 PROVISIONS OF THIS PART, THE FOLLOWING WORDS AND PHRASES WHEN
14 USED IN THIS PART SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
15 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
16 "APPLICANT." AN INDIVIDUAL WHO APPLIES TO BE REGISTERED TO
17 VOTE AS PROVIDED FOR IN THIS PART.
18 "CALENDAR YEAR." THE PERIOD COMMENCING JANUARY 1 AND ENDING
19 DECEMBER 31 NEXT FOLLOWING.
20 "COMMISSION." A REGISTRATION COMMISSION ESTABLISHED UNDER
21 SECTION 1203 (RELATING TO COMMISSIONS).
22 "COMMISSIONER." A MEMBER OF A COMMISSION.
23 "COUNTY." A COUNTY OF THIS COMMONWEALTH. THE TERM INCLUDES A
24 COUNTY WITHIN WHICH IS LOCATED A CITY OF THE FIRST CLASS OR WITH
25 WHICH A CITY OF THE FIRST CLASS IS COEXTENSIVE.
26 "COUNTY ELECTION BOARD." THE BOARD OF ELECTIONS OF A COUNTY.
27 "DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH.
28 "DISTRICT." AN ELECTION DISTRICT OR PRECINCT OF A
29 MUNICIPALITY.
30 "DISTRICT REGISTER." THE LIST OF REGISTERED ELECTORS
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1 PREPARED BY THE COMMISSION UNDER SECTION 1402 (RELATING TO
2 DISTRICT REGISTERS).
3 "ELECTION." A GENERAL, SPECIAL, MUNICIPAL OR PRIMARY
4 ELECTION.
5 "GENERAL ELECTION." THE ELECTION WHICH THE CONSTITUTION OF
6 PENNSYLVANIA REQUIRES TO BE HELD IN EVEN-NUMBERED YEARS.
7 "GENERAL REGISTER." THE LIST OF REGISTERED ELECTORS PREPARED
8 BY THE COMMISSION UNDER SECTION 1401 (RELATING TO GENERAL
9 REGISTER).
10 "IN MILITARY SERVICE." SERVING IN THE UNIFORMED SERVICES AS
11 DEFINED IN SECTION 102 OF THE CAREER COMPENSATION ACT OF 1949
12 (PUBLIC LAW 81-350, 63 STAT. 801) OR SERVING IN THE PENNSYLVANIA
13 NATIONAL GUARD.
14 "MEMBERS OF THE UNITED STATES MERCHANT MARINE." ANY OF THE
15 FOLLOWING:
16 (1) INDIVIDUALS EMPLOYED AS OFFICERS OR MEMBERS OF CREWS
17 OF VESSELS DOCUMENTED UNDER THE LAW OF THE UNITED STATES OR
18 OF VESSELS OWNED BY THE UNITED STATES OR OF VESSELS OF
19 FOREIGN-FLAG REGISTRY UNDER CHARTER TO OR CONTROL OF THE
20 UNITED STATES. THIS PARAGRAPH DOES NOT INCLUDE INDIVIDUALS IN
21 MILITARY SERVICE.
22 (2) INDIVIDUALS ENROLLED WITH THE UNITED STATES FOR
23 EMPLOYMENT OR FOR TRAINING FOR EMPLOYMENT OR MAINTAINED BY
24 THE UNITED STATES FOR EMERGENCY RELIEF SERVICE AS OFFICERS OR
25 MEMBERS OF CREWS OF VESSELS REFERRED TO IN PARAGRAPH (1). THE
26 TERM DOES NOT INCLUDE INDIVIDUALS IN MILITARY SERVICE OR
27 INDIVIDUALS EMPLOYED OR ENROLLED FOR EMPLOYMENT OR FOR
28 TRAINING FOR EMPLOYMENT OR MAINTAINED FOR EMERGENCY RELIEF ON
29 THE GREAT LAKES OR THE INLAND WATERWAYS.
30 "MILITARY ELECTOR." ANY OF THE FOLLOWING:
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1 (1) AN INDIVIDUAL IN MILITARY SERVICE AND THE
2 INDIVIDUAL'S SPOUSE AND DEPENDENTS.
3 (2) AN INDIVIDUAL IN THE MERCHANT MARINE AND THE
4 INDIVIDUAL'S SPOUSE AND DEPENDENTS.
5 (3) AN INDIVIDUAL IN A RELIGIOUS OR WELFARE GROUP
6 OFFICIALLY ATTACHED TO AND SERVING WITH THE ARMED FORCES OF
7 THE UNITED STATES AND THE INDIVIDUAL'S SPOUSE AND DEPENDENTS.
8 (4) AN INDIVIDUAL WHO IS A CIVILIAN EMPLOYEE OF THE
9 UNITED STATES OUTSIDE THE TERRITORIAL LIMITS OF THE UNITED
10 STATES, WHETHER OR NOT THE INDIVIDUAL IS SUBJECT TO THE CIVIL
11 SERVICE LAWS AND WHETHER OR NOT THE INDIVIDUAL IS PAID FROM
12 FUNDS APPROPRIATED BY CONGRESS, AND THE INDIVIDUAL'S SPOUSE
13 AND DEPENDENTS.
14 "MUNICIPAL ELECTION." THE ELECTION WHICH THE CONSTITUTION OF
15 PENNSYLVANIA REQUIRES TO BE HELD IN ODD-NUMBERED YEARS.
16 "MUNICIPALITY." A CITY, BOROUGH, TOWN OR TOWNSHIP.
17 "NOVEMBER ELECTION." EITHER THE GENERAL OR THE MUNICIPAL
18 ELECTION, OR BOTH, ACCORDING TO THE CONTEXT.
19 "OVERSEAS CITIZEN." AN INDIVIDUAL WHO RESIDES OUTSIDE THE
20 TERRITORIAL LIMITS OF THE UNITED STATES AND WHO, BUT FOR SUCH
21 RESIDENCE, WOULD BE A QUALIFIED ELECTOR. THE TERM DOES NOT
22 INCLUDE A MILITARY ELECTOR.
23 "PARTY." ANY OF THE FOLLOWING:
24 (1) A PARTY OR POLITICAL BODY, ONE OF WHOSE CANDIDATES
25 AT THE GENERAL ELECTION IMMEDIATELY PRECEDING THE PRIMARY:
26 (I) POLLED, IN EACH OF AT LEAST TEN COUNTIES, AT
27 LEAST 2% OF THE LARGEST ENTIRE VOTE CAST IN THE COUNTY
28 FOR ANY ELECTED CANDIDATE; AND
29 (II) POLLED A TOTAL VOTE IN THIS COMMONWEALTH EQUAL
30 TO AT LEAST 2% OF THE LARGEST ENTIRE VOTE CAST IN THIS
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1 COMMONWEALTH FOR ANY ELECTED CANDIDATE.
2 (2) A PARTY OR POLITICAL BODY, ONE OF WHOSE CANDIDATES
3 AT EITHER THE GENERAL OR MUNICIPAL ELECTION PRECEDING THE
4 PRIMARY POLLED AT LEAST 5% OF THE LARGEST ENTIRE VOTE CAST
5 FOR ANY ELECTED CANDIDATE IN ANY COUNTY.
6 "PERSON AUTHORIZED TO ADMINISTER OATHS." THE TERM INCLUDES
7 AN INDIVIDUAL WHO IS A COMMISSIONED OFFICER IN MILITARY SERVICE
8 OR A MEMBER OF THE UNITED STATES MERCHANT MARINE DESIGNATED FOR
9 THIS PURPOSE BY THE UNITED STATES SECRETARY OF COMMERCE.
10 "PERSON IN MILITARY SERVICE." THE TERM SHALL MEAN A
11 QUALIFIED ELECTOR WHO IS BY ENLISTMENT, ENROLLMENT OR DRAFT IN
12 ACTUAL MILITARY SERVICE.
13 "POLITICAL BODY." A POLITICAL BODY NOT RECOGNIZED AS A
14 POLITICAL PARTY WHICH HAS FILED PROPER NOMINATION PAPERS AS
15 REQUIRED BY LAW.
16 "PRIMARY ELECTION." AN ELECTION FOR THE NOMINATION OF
17 CANDIDATES.
18 "PUBLIC OFFICE." ANY FEDERAL, STATE OR POLITICAL
19 SUBDIVISION, OFFICE OR POSITION OF EMPLOYMENT REQUIRING THE
20 INDIVIDUAL ELECTED OR APPOINTED TO RENDER PUBLIC SERVICE FOR A
21 FIXED FEE OR COMPENSATION. THE TERM DOES NOT INCLUDE THE OFFICE
22 OF NOTARY PUBLIC OR COMMISSIONER OF DEEDS.
23 "QUALIFIED ELECTOR." AN APPLICANT WHO POSSESSES ALL OF THE
24 QUALIFICATIONS FOR VOTING PRESCRIBED BY THE CONSTITUTION OF
25 PENNSYLVANIA AND THE LAWS OF THIS COMMONWEALTH OR WHO, BEING
26 OTHERWISE QUALIFIED BY CONTINUED RESIDENCE IN THE ELECTION
27 DISTRICT, OBTAINS SUCH QUALIFICATIONS BEFORE THE NEXT ENSUING
28 ELECTION. THE TERM DOES NOT INCLUDE A MILITARY ELECTOR.
29 "REGISTRANT" OR "REGISTERED ELECTOR." A QUALIFIED ELECTOR
30 WHO IS REGISTERED TO VOTE IN ACCORDANCE WITH THIS PART.
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1 "REGISTRATION CARD." A REGISTRATION RECORD CONTAINING ALL
2 INFORMATION REQUIRED ON THE REGISTRATION APPLICATION, INCLUDING
3 THE ELECTOR'S SIGNATURE, AND SUITABLE SPACE FOR THE INSERTION BY
4 THE APPROPRIATE OFFICIAL OF THE FOLLOWING INFORMATION:
5 (1) THE WARD AND ELECTION DISTRICT OF RESIDENCE.
6 (2) THE REGISTRANT'S STREET ADDRESS.
7 (3) DATA REQUIRED TO BE GIVEN UPON REMOVAL FROM THE
8 REGISTRANT'S RESIDENCE.
9 (4) THE DATE OF EACH ELECTION AT WHICH THE REGISTRANT
10 VOTES.
11 (5) THE NUMBER AND LETTER OF THE STUB OF THE BALLOT
12 ISSUED TO THE REGISTRANT OR THE REGISTRANT'S NUMBER IN THE
13 ORDER OF ADMISSION TO THE VOTING MACHINES.
14 (6) THE INITIALS OF THE ELECTION OFFICER WHO ENTERS THE
15 RECORD OF VOTING IN THE DISTRICT REGISTER.
16 (7) WHETHER THE REGISTRANT NEEDS ASSISTANCE TO VOTE AND,
17 IF SO, THE NATURE OF THE DISABILITY.
18 "REGISTRATION RECORDS." THE GENERAL REGISTER, DISTRICT
19 REGISTER AND ANY OTHER RECORD OF REGISTRATION MAINTAINED BY A
20 COMMISSION. THE TERM INCLUDES ANY RECORD MAINTAINED BY THE
21 COMMISSION ON THE STATEWIDE UNIFORM REGISTRY OF ELECTORS.
22 "SECRETARY." THE SECRETARY OF THE COMMONWEALTH.
23 "STATEWIDE UNIFORM REGISTRY OF ELECTORS" OR "SURE SYSTEM."
24 THE INTEGRATED VOTER REGISTRATION SYSTEM OF ALL REGISTERED
25 ELECTORS IN THIS COMMONWEALTH ESTABLISHED BY SUBCHAPTER B OF
26 CHAPTER 12 (RELATING TO STATEWIDE UNIFORM REGISTRY OF ELECTORS
27 (SURE)).
28 § 1103. APPLICABILITY.
29 THIS PART APPLIES TO ALL COUNTIES.
30 § 1104. CONSTRUCTION.
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1 NO PART OF ANY DAY FIXED FOR THE PERFORMANCE OF DUTIES BY ANY
2 PERSON OR OFFICIAL UNDER THIS PART SHALL BE DEEMED A SUNDAY OR A
3 LEGAL HOLIDAY SO AS TO AFFECT THE LEGALITY OF WORK DONE FOR THE
4 PURPOSE OF CARRYING OUT THIS PART OR THE RIGHT OF A PERSON TO
5 COMPENSATION PROVIDED FOR RENDERING ANY SERVICE REQUIRED BY THIS
6 PART OR SO AS TO RELIEVE ANY PERSON FROM DOING ON SUCH DAY
7 WHATEVER IS NECESSARY FOR THE PURPOSE OF CARRYING OUT THIS PART.
8 SUCH SERVICES ARE DECLARED TO BE NECESSARY PUBLIC SERVICES.
9 § 1105. STANDARDIZED FORMS.
10 (A) GENERAL RULE.--WHENEVER POSSIBLE, THE SECRETARY SHALL
11 PRESCRIBE BY REGULATION STANDARDIZED VOTER REGISTRATION OR
12 ABSENTEE BALLOT APPLICATION FORMS WHICH MAY BE USED, WITH PRIOR
13 APPROVAL BY THE SECRETARY, BY POLITICAL BODIES, CANDIDATES AND
14 ORGANIZED BODIES OF CITIZENS IN COMPLIANCE WITH BOTH THE
15 PROVISIONS OF THIS PART AND THE ACT OF JUNE 3, 1937 (P.L.1333,
16 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
17 (B) PRIOR APPROVAL.--THE SECRETARY SHALL DEVELOP A SYSTEM
18 WHEREBY POLITICAL BODIES, CANDIDATES AND ORGANIZED BODIES OF
19 CITIZENS MAY RECEIVE PRIOR APPROVAL OF STANDARDIZED FORMS
20 DEVELOPED PURSUANT TO SUBSECTION (A).
21 § 1106. APPLICATIONS.
22 (A) REGISTRATION APPLICATION.--VOTER REGISTRATION
23 APPLICATIONS PRINTED UNDER THE ACT OF JUNE 30, 1995 (P.L.170,
24 NO.25), KNOWN AS THE PENNSYLVANIA VOTER REGISTRATION ACT, MAY BE
25 USED TO APPLY FOR REGISTRATION UNDER THIS PART.
26 (B) NOTICE.--IF THE FIVE-YEAR PERIOD FOR NOTICE TO ELECTORS
27 PROVIDED FOR UNDER SECTION 1901(B)(3) (RELATING TO REMOVAL OF
28 VOTES) HAS BEEN DECLARED INVALID OR REJECTED BY A COURT OF
29 COMPETENT JURISDICTION OR BY THE UNITED STATES DEPARTMENT OF
30 JUSTICE, AFTER ALL APPEALS HAVE BEEN EXHAUSTED AND UPON
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1 CERTIFICATION TO THE SECRETARY OF THE COMMONWEALTH AND
2 PUBLICATION IN THE PENNSYLVANIA BULLETIN, NOTICE SHALL BE GIVEN
3 IN ACCORDANCE WITH SECTION 1901(B)(3) AFTER A PERIOD OF TEN
4 YEARS. IF THE TEN-YEAR PERIOD HAS BEEN CERTIFIED TO THE
5 SECRETARY OF THE COMMONWEALTH AS INVALID AND UPON PUBLICATION IN
6 THE PENNSYLVANIA BULLETIN, NOTICE SHALL BE GIVEN IN ACCORDANCE
7 WITH SECTION 1901(B)(3) AFTER A PERIOD OF 20 YEARS.
8 (C) ELECTION CODE.--NOTHING IN THE ACT OF JUNE 3, 1937
9 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE,
10 SHALL BE DEEMED INCONSISTENT WITH THIS PART.
11 § 1107. EXISTING ELECTORS.
12 ALL ELECTORS REGISTERED TO VOTE IN THIS COMMONWEALTH ON THE
13 EFFECTIVE DATE OF THIS SECTION WHO REMAIN QUALIFIED SHALL
14 CONTINUE TO BE REGISTERED UNDER THIS PART.
15 § 1108. ADMINISTRATION.
16 THE DEPARTMENT SHALL ADMINISTER THIS PART.
17 CHAPTER 12
18 REGISTRATION SYSTEM
19 SUBCHAPTER
20 A. ADMINISTRATIVE POWERS AND DUTIES
21 B. STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE)
22 SUBCHAPTER A
23 ADMINISTRATIVE POWERS AND DUTIES
24 SEC.
25 1201. DEPARTMENTAL RESPONSIBILITIES.
26 1202. (RESERVED).
27 1203. COMMISSIONS.
28 1204. COMMISSION STAFF.
29 1205. POLICE ASSISTANCE.
30 1206. UNEXPENDED BALANCE; SOURCE OF FUNDS.
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1 1207. OPEN RECORDS AND DOCUMENTS.
2 § 1201. DEPARTMENTAL RESPONSIBILITIES.
3 THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING:
4 (1) PROVIDE FOR APPLICANTS TO SUBMIT THEIR VOTER
5 REGISTRATION APPLICATION TO A COMMISSION, THE DEPARTMENT OF
6 TRANSPORTATION AND OTHER AGENCIES DESIGNATED IN SECTION 1325
7 (RELATING TO GOVERNMENT AGENCIES).
8 (2) PRESCRIBE A PROCEDURE FOR THE RETURN OF COMPLETED
9 VOTER REGISTRATION APPLICATIONS FROM THE DEPARTMENT OF
10 TRANSPORTATION, THE DEPARTMENT OF PUBLIC WELFARE, ARMED
11 FORCES RECRUITMENT CENTERS, OFFICES OF THE CLERK OF ORPHAN'S
12 COURT AND ALL OTHER OFFICES UNDER THIS PART TO THE SECRETARY
13 OR THE APPROPRIATE COMMISSION.
14 (3) DEVELOP, ESTABLISH, IMPLEMENT AND ADMINISTER A
15 STATEWIDE UNIFORM REGISTRY OF ELECTORS IN ACCORDANCE WITH
16 SUBCHAPTER B (RELATING TO STATEWIDE UNIFORM REGISTRY OF
17 ELECTORS (SURE)).
18 (4) PROMULGATE REGULATIONS NECESSARY TO ADMINISTER THIS
19 PART.
20 § 1202. (RESERVED).
21 § 1203. COMMISSIONS.
22 (A) ESTABLISHMENT.--A COMMISSION IS ESTABLISHED IN EACH
23 COUNTY. THE COMMISSION HAS JURISDICTION OVER THE REGISTRATION OF
24 APPLICANTS, QUALIFIED ELECTORS AND REGISTERED ELECTORS OF THE
25 COUNTY UNDER THIS PART.
26 (B) MEMBERSHIP.--
27 (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), THE
28 COUNTY COMMISSIONERS OF EACH COUNTY SHALL ACT AS A
29 REGISTRATION COMMISSION FOR THE COUNTY.
30 (2) IN A CITY OF THE FIRST CLASS, THE COMMISSION SHALL
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1 CONSIST OF THE THREE ELECTED COMMISSIONERS OF THE CITY. EACH
2 COMMISSIONER SHALL BE ELECTED FOR A TERM OF FOUR YEARS, IN
3 THE YEAR THAT THE MAYOR IS ELECTED.
4 (3) IN COUNTIES WHICH HAVE ADOPTED HOME RULE CHARTERS OR
5 OPTIONAL PLANS, THE COMMISSION SHALL CONSIST OF THE MEMBERS
6 OF THE COUNTY BODY WHICH PERFORMS LEGISLATIVE FUNCTIONS
7 UNLESS THE COUNTY CHARTER OR OPTIONAL PLAN PROVIDES FOR THE
8 APPOINTMENT OF THE COMMISSION. IN EITHER CASE, THERE MUST BE
9 MINORITY REPRESENTATION ON THE COMMISSION. THE COUNTY BODY
10 WHICH PERFORMS LEGISLATIVE FUNCTIONS SHALL, IF THE COMMISSION
11 DOES NOT CONTAIN MINORITY REPRESENTATION, APPOINT SUCH
12 REPRESENTATION FROM A LIST SUBMITTED BY THE COUNTY CHAIR OF
13 THE MINORITY PARTY.
14 (C) COMPENSATION.--COMMISSIONERS SHALL RECEIVE NO
15 COMPENSATION IN ADDITION TO THEIR COMPENSATION AS COUNTY OR CITY
16 COMMISSIONERS.
17 (D) MAJORITY VOTE REQUIRED.--ACTIONS OF A COMMISSION MUST BE
18 DECIDED BY A MAJORITY VOTE OF ALL MEMBERS EXCEPT AS OTHERWISE
19 PROVIDED IN THIS PART.
20 (E) RECORDS.--A COMMISSION SHALL KEEP A PERMANENT RECORD OF
21 ITS PROCEEDINGS.
22 (F) REGULATIONS.--A COMMISSION MAY MAKE REGULATIONS, NOT
23 INCONSISTENT WITH THIS PART, TO DO ALL OF THE FOLLOWING:
24 (1) GOVERN THE PUBLIC SESSIONS OF THE COMMISSION.
25 (2) PERFORM THE DUTIES IMPOSED BY THIS PART.
26 (3) CARRY INTO EFFECT THE PROVISIONS OF THIS PART AND
27 PERMIT THE EFFICIENT ADMINISTRATION OF THIS PART, INCLUDING
28 THE DESIGNATION OF DUTIES TO BE PERFORMED AND FUNCTIONS TO BE
29 EXERCISED UNDER THIS PART AT ITS RESPECTIVE OFFICES.
30 (G) ENFORCEMENT.--A COMMISSION MAY ENFORCE REGULATIONS,
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1 ORDERS AND SUBPOENAS AS PROVIDED IN SECTION 1601 (RELATING TO
2 SUBPOENAS AND WITNESS FEES) AND, IF NECESSARY, SHALL HAVE THE
3 ASSISTANCE OF THE APPROPRIATE COURT OF COMMON PLEAS AND OF ALL
4 PUBLIC OFFICERS SUBSERVIENT TO THE COURT IN ENFORCING THE
5 REGULATIONS, ORDERS AND SUBPOENAS.
6 (H) ERRORS.--A COMMISSION SHALL CORRECT AN ERROR OR
7 IRREGULARITY IN REGISTRATION AND CANCEL THE REGISTRATION OF AN
8 INDIVIDUAL WHOM IT FINDS TO BE IMPROPERLY REGISTERED, SUBJECT
9 ONLY TO THIS PART. WRITTEN NOTICE SHALL BE MAILED OR DELIVERED
10 TO EACH INDIVIDUAL WHOSE REGISTRATION IS CANCELED. WHENEVER A
11 REGISTERED ELECTOR'S NAME IS CHANGED FOR ANY REASON, THE
12 REGISTERED ELECTOR'S SURE REGISTRATION NUMBER SHALL REMAIN THE
13 SAME, AND THE FILE SHALL REFLECT THE FORMER NAME CHANGE TO THE
14 NEW NAME.
15 (I) INVESTIGATION.--A COMMISSION OR A COMMISSIONER HAS THE
16 POWER TO DO ANY OF THE FOLLOWING:
17 (1) SUMMON AND INTERROGATE ANY PERSON CONCERNING THE
18 REGISTRATION OF ELECTORS OR ANY MATTER RELATED THERETO.
19 (2) INVESTIGATE IRREGULARITIES IN REGISTRATION.
20 (3) SUMMON AND EXAMINE WITNESSES.
21 (4) REQUIRE THE PRODUCTION OF RELEVANT DOCUMENTS.
22 (J) OATHS AND AFFIRMATIONS.--EACH COMMISSIONER HAS THE POWER
23 TO ADMINISTER OATHS AND AFFIRMATIONS. EACH INDIVIDUAL TESTIFYING
24 BEFORE A COMMISSION OR COMMISSIONER MUST BE SWORN OR AFFIRMED.
25 (K) CORRECTION OF ERRORS.--
26 (1) A COMMISSION SHALL CORRECT ITS REGISTRATION RECORDS
27 WITHOUT REQUIRING ACTION OF A REGISTERED ELECTOR IN ANY OF
28 THE FOLLOWING CASES:
29 (I) IF THE MAILING ADDRESS OF THE REGISTERED ELECTOR
30 HAS BEEN CHANGED BY THE RENAMING OF A STREET, THE
20010S0607B1628 - 15 -
1 RENUMBERING OF A HOUSE OR THE CHANGING OF A POST OFFICE.
2 (II) IF THE ELECTION DISTRICT OF THE REGISTERED
3 ELECTOR HAS BEEN CHANGED THROUGH A CHANGE IN THE
4 BOUNDARIES OF AN ELECTION DISTRICT.
5 (2) NOTICE OF ACTION UNDER PARAGRAPH (1) SHALL BE MAILED
6 PROMPTLY TO THE AFFECTED REGISTERED ELECTOR.
7 (L) UPDATE.--A COMMISSION SHALL PROMPTLY UPDATE INFORMATION
8 CONTAINED IN ITS REGISTRATION RECORDS.
9 § 1204. COMMISSION STAFF.
10 (A) COUNTIES OF THE FIRST CLASS.--
11 (1) A COMMISSIONER MAY ACT AS REGISTRAR OR INSPECTOR OF
12 REGISTRATION.
13 (2) THE COMMISSION HAS THE POWER TO ASSIGN ASSISTANTS,
14 EMPLOYEES OR CLERKS TO ACT AS REGISTRARS OR INSPECTORS OF
15 REGISTRATION. INDIVIDUALS ASSIGNED UNDER THIS PARAGRAPH SHALL
16 NOT RECEIVE ADDITIONAL COMPENSATION FOR SERVICE AS REGISTRARS
17 OR INSPECTORS.
18 (3) APPOINTMENTS SHALL BE AS FOLLOWS:
19 (I) THE COMMISSION SHALL ANNUALLY APPOINT AT LEAST
20 TWO REGISTRARS FOR EACH REGISTRATION PLACE. NOT MORE THAN
21 ONE-HALF OF THE NUMBER OF REGISTRARS APPOINTED ANNUALLY
22 FOR EACH REGISTRATION PLACE MAY BE MEMBERS OF THE SAME
23 POLITICAL PARTY.
24 (II) REGISTRARS APPOINTED MUST BE QUALIFIED ELECTORS
25 OF THE ELECTION DISTRICT OR WARD FOR WHICH THEY HAVE BEEN
26 APPOINTED, MUST BE OF GOOD MORAL CHARACTER, MUST NOT HAVE
27 BEEN CONVICTED OF A CRIME AND MUST BE FAMILIAR WITH THE
28 QUALIFICATIONS OF ELECTORS AND THE DUTIES OF THE
29 REGISTRARS. NO INDIVIDUAL WHO HOLDS OR IS A CANDIDATE FOR
30 PUBLIC OFFICE OR PARTY OFFICE MAY BE APPOINTED TO OR HOLD
20010S0607B1628 - 16 -
1 ANY OFFICE OR EMPLOYMENT UNDER ANY COMMISSION, EXCEPT AS
2 OTHERWISE PROVIDED BY THIS PART.
3 (III) APPOINTMENTS SHALL BE AS FOLLOWS:
4 (A) THE COMMISSION SHALL PROVIDE 15 DAYS' NOTICE
5 FOR SUBMISSION OF CANDIDATES.
6 (B) THE CITY CHAIRS OF THE PARTY HAVING POLLED
7 THE HIGHEST AND THE SECOND HIGHEST VOTE IN THIS
8 COMMONWEALTH AT THE LAST PRECEDING GUBERNATORIAL
9 ELECTION MAY FILE WITH THE COMMISSION A WRITTEN LIST
10 OF NAMES OF MEMBERS OF THE PARTY WHOM THE CHAIR
11 RECOMMENDS FOR APPOINTMENT AS REGISTRARS. LISTS MUST
12 CONTAIN THE NAME, ADDRESS, QUALIFICATIONS AND
13 OCCUPATION OF EACH INDIVIDUAL RECOMMENDED AND SHALL
14 BE OPEN TO PUBLIC INSPECTION IN THE OFFICE OF THE
15 COMMISSION.
16 (C) THE COMMISSION SHALL APPOINT INDIVIDUALS
17 FROM THE LIST AS REGISTRARS REPRESENTING THE PARTIES.
18 IF MORE CANDIDATES ARE RECOMMENDED BY A CHAIR THAN
19 THE PARTY IS ENTITLED TO HAVE APPOINTED, THE
20 COMMISSION SHALL APPOINT THOSE CANDIDATES FROM THE
21 LIST WHOM THE COMMISSION FINDS TO BE QUALIFIED UNDER
22 THIS SECTION. IF THERE ARE NOT SUFFICIENT CANDIDATES
23 QUALIFIED TO SERVE RECOMMENDED BY A CHAIR, THE
24 COMMISSION MAY APPOINT OTHER INDIVIDUALS WHOM THE
25 COMMISSION BELIEVES QUALIFIED.
26 (D) IF A VACANCY OCCURS IN THE OFFICE OF
27 REGISTRAR, THE COMMISSION SHALL FILL THE VACANCY BY
28 APPOINTING AN ELECTOR OF THE DISTRICT OR WARD, AS THE
29 CASE MAY BE, WHO IS QUALIFIED UNDER SUBPARAGRAPH (II)
30 AND WHO IS A REGISTERED AND ENROLLED MEMBER OF THE
20010S0607B1628 - 17 -
1 SAME POLITICAL PARTY AS THE REGISTRAR WHOSE OFFICE
2 WAS VACATED. THE VACANCY APPOINTMENT SHALL BE MADE IN
3 THE SAME MANNER AS THE INITIAL APPOINTMENT.
4 (IV) REGISTRARS APPOINTED HAVE THE POWER TO REGISTER
5 THE QUALIFIED ELECTORS OF THE ELECTION DISTRICT OR WARD
6 AND, IN SO DOING, TO ADMINISTER OATHS AND AFFIRMATIONS.
7 REGISTRARS APPOINTED SHALL PERFORM ALL OTHER DUTIES
8 IMPOSED ON REGISTRARS BY THIS PART AND BY THE COMMISSION.
9 (V) NOTHING IN THIS SUBSECTION SHALL PREVENT A
10 REGISTRAR FROM SERVING AS A REGISTRAR IN A WARD OR
11 DIVISION OF THE CITY OR PREVENT THE COMMISSION FROM
12 ASSIGNING A REGISTRAR TO REGISTER VOTERS IN A WARD OR
13 DIVISION OF THE CITY.
14 (VI) EXCEPT AS PROVIDED IN PARAGRAPH (1), EACH
15 REGISTRAR SHALL RECEIVE COMPENSATION SET BY THE
16 COMMISSION FOR EACH DAY DURING WHICH THE REGISTRAR IS
17 ENGAGED IN THE ACTIVE PERFORMANCE OF DUTIES AS REGISTRAR.
18 (VII) THE COMMISSION SHALL DESIGNATE THE DUTIES TO
19 BE PERFORMED BY APPOINTED REGISTRARS.
20 (4) ANY INSERTION OR REMOVAL OF NAMES OR OTHER
21 INFORMATION IN REGISTERS OR AN AMENDMENT OF REGISTRATION
22 RECORDS DONE BY ANY EMPLOYEE, REGISTRAR OR INSPECTOR BY ORDER
23 OF THE COMMISSION SHALL BE CONSTRUED TO BE AN ACTION OF THE
24 COMMISSION. IT IS THE DUTY OF THE COMMISSION TO CORRECT ANY
25 ERROR IN SUCH ACTION.
26 (5) BEFORE EXERCISING A POWER OF OFFICE, A REGISTRAR OR
27 INSPECTOR OF REGISTRATION ASSIGNED UNDER PARAGRAPH (2) OR
28 APPOINTED UNDER PARAGRAPH (3) MUST COMPLY WITH ALL OF THE
29 FOLLOWING:
30 (I) TAKE AN OATH OR AFFIRMATION OF OFFICE, AS
20010S0607B1628 - 18 -
1 PRESCRIBED BY THE COMMISSION.
2 (II) RECEIVE FROM THE COMMISSION A CERTIFICATE OF
3 APPOINTMENT, SETTING FORTH NAME AND ADDRESS, DATE OF
4 APPOINTMENT AND THE LENGTH OF APPOINTMENT.
5 (6) THE COMMISSION MAY ANNUALLY DESIGNATE REGISTRATION
6 PLACES IN THE WARDS.
7 (7) THE COMMISSION MAY APPOINT EMPLOYEES NECESSARY TO
8 PERFORM THE FUNCTIONS OF THE OFFICE AND TO REGISTER THE
9 VOTERS OF THE CITY. EMPLOYEES SHALL BE PAID COMPENSATION AS
10 SET BY THE COMMISSION.
11 (8) REMOVAL SHALL BE AS FOLLOWS:
12 (I) THE COMMISSION HAS THE POWER TO REMOVE ANY
13 EMPLOYEE, INSPECTOR, REGISTRAR OR OTHER OFFICER APPOINTED
14 OR EMPLOYED BY IT. NO REGISTRAR APPOINTED UNDER PARAGRAPH
15 (3) MAY BE REMOVED EXCEPT FOR CAUSE.
16 (II) A QUALIFIED ELECTOR OF THE CITY MAY APPEAR
17 BEFORE THE COMMISSION AND SHOW THAT A REGISTRAR ASSIGNED
18 UNDER PARAGRAPH (2) OR APPOINTED UNDER PARAGRAPH (3) DOES
19 NOT POSSESS THE QUALIFICATIONS REQUISITE FOR THE
20 PERFORMANCE OF DUTIES OF OFFICE OR HAS VIOLATED THIS
21 PART. IF, AFTER PUBLIC HEARING, THE COMMISSION FINDS THE
22 CHARGES BROUGHT TO BE TRUE, THE COMMISSION SHALL REMOVE
23 THE REGISTRAR.
24 (9) AN INSPECTOR OF REGISTRATION HAS THE AUTHORITY TO
25 INVESTIGATE ALL MATTERS REGARDING VOTER REGISTRATION AND TO
26 MAKE RECOMMENDATIONS TO THE COMMISSION.
27 (10) THE COMMISSION MAY EMPLOY COUNSEL. COUNSEL SHALL
28 ADVISE THE COMMISSION REGARDING ITS POWERS AND DUTIES, THE
29 RIGHTS OF INDIVIDUALS AND THE BEST METHODS OF LEGAL PROCEDURE
30 FOR CARRYING OUT THIS PART AND SHALL APPEAR FOR AND REPRESENT
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1 THE COMMISSION ON ALL APPEALS UNDER SECTIONS 1602 (RELATING
2 TO COURT OF COMMON PLEAS) AND 1603 (RELATING TO COMMISSION
3 DUTIES). THE AMOUNT OF COMPENSATION FOR COUNSEL SHALL BE SET
4 BY THE CITY COMMISSIONERS.
5 (11) EMPLOYEES AND CLERKS OF THE COMMISSION SHALL BE
6 PRIVILEGED FROM ARREST WHILE ACTING AS REGISTRARS.
7 COMMISSIONERS AND INSPECTORS OF REGISTRATION SHALL BE
8 PRIVILEGED FROM ARREST WHILE PERFORMING THEIR DUTIES, EXCEPT
9 UPON WARRANT OF A COURT OF RECORD FOR A FELONY, FOR WANTON
10 BREACH OF THE PEACE OR FOR A CRIMINAL VIOLATION OF THIS PART.
11 (B) COUNTIES OF THE SECOND THROUGH EIGHTH CLASSES.--
12 (1) THE REGISTRATION COMMISSION SHALL APPOINT A CHIEF
13 CLERK WHO MAY BE THE CHIEF CLERK OF THE COUNTY COMMISSIONERS.
14 THE CHIEF CLERK HAS AUTHORITY TO ADMINISTER OATHS AND TO SIGN
15 VOUCHERS.
16 (2) REGISTRARS AND INSPECTORS OF REGISTRATION MUST BE
17 QUALIFIED ELECTORS OF THE COUNTY. REGISTRARS AND INSPECTORS
18 OF REGISTRATION SHALL RECEIVE COMPENSATION, EITHER ON A PER
19 DIEM BASIS FOR TIME ACTUALLY EMPLOYED OR ON THE BASIS OF WORK
20 ACTUALLY DONE, AS FIXED BY THE SALARY BOARD OF THE COUNTY. NO
21 REGISTRAR OR INSPECTOR OF REGISTRATION MAY EXERCISE ANY POWER
22 OF OFFICE UNTIL TAKING AN OATH OR AFFIRMATION OF OFFICE
23 PRESCRIBED BY THE COMMISSION AND RECEIVING FROM THE
24 COMMISSION A CERTIFICATE OF APPOINTMENT, SETTING FORTH NAME
25 AND ADDRESS, DATE OF APPOINTMENT AND LENGTH OF APPOINTMENT.
26 (3) OTHER STAFF SHALL BE AS FOLLOWS:
27 (I) A COMMISSION MAY APPOINT ASSISTANTS AND
28 EMPLOYEES AS NECESSARY TO CARRY OUT THIS PART AND MAY
29 REMOVE THEM. THE NUMBER AND COMPENSATION OF ASSISTANTS
30 AND EMPLOYEES SHALL BE FIXED BY THE SALARY BOARD OF THE
20010S0607B1628 - 20 -
1 COUNTY. A COMMISSION MAY APPOINT EMPLOYEES OF THE COUNTY
2 TO ACT FOR THE COMMISSION WITHOUT ADDITIONAL
3 COMPENSATION.
4 (II) THE EMPLOYEES TO BE APPOINTED BY A COMMISSION
5 INCLUDE:
6 (A) REGISTRARS OR CLERKS WHO ARE EMPOWERED TO
7 REGISTER THE QUALIFIED ELECTORS OF THE COUNTY AND, IN
8 SO DOING, TO ADMINISTER OATHS AND AFFIRMATIONS.
9 (B) INSPECTORS OF REGISTRATION WHO HAVE
10 AUTHORITY TO INVESTIGATE ALL MATTERS REGARDING VOTER
11 REGISTRATION AND TO MAKE RECOMMENDATIONS TO THE
12 COMMISSION.
13 (4) THE COUNTY SOLICITOR SHALL BE COUNSEL FOR THE
14 COMMISSION AND SHALL RECEIVE NO COMPENSATION IN ADDITION TO
15 COMPENSATION AS COUNTY SOLICITOR. COUNSEL SHALL ADVISE THE
16 COMMISSION REGARDING ITS POWERS AND DUTIES AND THE RIGHTS OF
17 INDIVIDUALS AND CONCERNING THE BEST METHODS OF LEGAL
18 PROCEDURE FOR CARRYING OUT THIS PART AND SHALL APPEAR FOR AND
19 REPRESENT THE COMMISSION ON APPEALS TAKEN FROM ITS DECISIONS
20 OR ORDERS.
21 (5) ANY INSERTION OR REMOVAL OF NAMES OR OTHER
22 INFORMATION IN REGISTERS AND THE AMENDMENT OF REGISTRATION
23 RECORDS DONE BY ANY EMPLOYEE OF A COMMISSION OR BY ORDER OF A
24 COMMISSION SHALL BE CONSTRUED TO HAVE BEEN DONE BY THE
25 COMMISSION. THE COMMISSION SHALL BE RESPONSIBLE FOR THE
26 CORRECTION OF ERRORS.
27 (6) NO INDIVIDUAL WHO HOLDS OR IS A CANDIDATE FOR PUBLIC
28 OR PARTY OFFICE MAY BE APPOINTED TO OR HOLD ANY OFFICE OR
29 EMPLOYMENT UNDER ANY COMMISSION EXCEPT AS OTHERWISE PROVIDED
30 BY THIS PART.
20010S0607B1628 - 21 -
1 (7) COMMISSIONERS, REGISTRARS AND INSPECTORS OF
2 REGISTRATION SHALL BE PRIVILEGED FROM ARREST WHILE PERFORMING
3 THEIR DUTIES EXCEPT UPON WARRANT OF A COURT OF RECORD FOR A
4 FELONY, FOR WANTON BREACH OF THE PEACE OR FOR A CRIMINAL
5 VIOLATION OF THIS PART.
6 (8) A COMMISSIONER OR THE CHIEF CLERK MAY ACT AS
7 REGISTRAR OR INSPECTOR OF REGISTRATION. WHEN ACTING UNDER
8 THIS SUBSECTION, THE COMMISSIONER OR CHIEF CLERK HAS THE
9 POWERS AND DUTIES CONFERRED BY LAW UPON REGISTRARS AND
10 INSPECTORS OF REGISTRATION.
11 § 1205. POLICE ASSISTANCE.
12 A COMMISSION MAY CALL ON POLICE OFFICERS OF THE APPROPRIATE
13 MUNICIPALITY TO MAINTAIN THE PEACE AT A PLACE OF REGISTRATION.
14 § 1206. UNEXPENDED BALANCE; SOURCE OF FUNDS.
15 (A) UNEXPENDED BALANCE.--UNEXPENDED BALANCES OF
16 APPROPRIATIONS MADE BY THE COUNTY COMMISSIONERS PRIOR TO THE
17 EFFECTIVE DATE OF THIS PART FOR THE PURPOSE OF CARRYING OUT THE
18 FORMER ACT OF MARCH 30, 1937 (P.L.115, NO.40), KNOWN AS THE
19 FIRST CLASS CITY PERMANENT REGISTRATION ACT, AND THE FORMER ACT
20 OF APRIL 29, 1937 (P.L.487, NO.115), KNOWN AS THE PERMANENT
21 REGISTRATION ACT FOR CITIES OF THE SECOND CLASS, CITIES OF THE
22 SECOND CLASS A, CITIES OF THE THIRD CLASS, BOROUGHS, TOWNS, AND
23 TOWNSHIPS, ARE TRANSFERRED TO AND MADE AVAILABLE FOR COMMISSIONS
24 UNDER THIS PART.
25 (B) SOURCE OF FUNDS.--A COMMISSION MAY ACCEPT AND USE IN THE
26 PERFORMANCE OF ITS DUTIES FUNDS RECEIVED FROM THE FEDERAL
27 GOVERNMENT, THE COMMONWEALTH OR ANY OTHER SOURCE.
28 § 1207. OPEN RECORDS AND DOCUMENTS.
29 (A) SCOPE.--THE FOLLOWING DOCUMENTS UNDER THIS PART ARE OPEN
30 TO PUBLIC INSPECTION EXCEPT AS OTHERWISE PROVIDED IN THIS
20010S0607B1628 - 22 -
1 SECTION:
2 (1) RECORDS OF A REGISTRATION COMMISSION AND DISTRICT
3 REGISTERS.
4 (2) STREET LISTS.
5 (3) OFFICIAL VOTER REGISTRATION APPLICATIONS.
6 (4) PETITIONS AND APPEALS.
7 (5) WITNESS LISTS.
8 (6) ACCOUNTS AND CONTRACTS.
9 (7) REPORTS.
10 (B) USE.--OPEN MATERIAL UNDER SUBSECTION (A) MAY BE
11 INSPECTED DURING ORDINARY BUSINESS HOURS SUBJECT TO THE
12 EFFICIENT OPERATION OF A COMMISSION. PUBLIC INSPECTION SHALL
13 ONLY BE IN THE PRESENCE OF A COMMISSIONER OR AUTHORIZED
14 COMMISSION EMPLOYEE AND SHALL BE SUBJECT TO PROPER REGULATION
15 FOR SAFEKEEPING OF THE MATERIAL AND SUBJECT TO THIS PART. UPON
16 REQUEST, A PHOTOCOPY OF THE RECORD OR COMPUTER-GENERATED DATA
17 RECORD SHALL BE PROVIDED AT COST. THE MATERIAL MAY NOT BE USED
18 FOR COMMERCIAL OR IMPROPER PURPOSES.
19 SUBCHAPTER B
20 STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE)
21 SEC.
22 1221. (RESERVED).
23 1222. SURE SYSTEM.
24 1223. SURE SYSTEM COSTS.
25 § 1221. (RESERVED).
26 § 1222. SURE SYSTEM.
27 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL DEVELOP AND
28 ESTABLISH A STATEWIDE UNIFORM REGISTRY OF ELECTORS TO BE KNOWN
29 AS THE SURE SYSTEM.
30 (B) ADVISORY BOARD.--
20010S0607B1628 - 23 -
1 (1) THE SECRETARY SHALL FORM AN ADVISORY BOARD TO CONFER
2 WITH THE DEPARTMENT REGARDING THE SURE SYSTEM.
3 (2) THE ADVISORY BOARD SHALL BE COMPRISED OF FOUR
4 DIRECTORS OF ELECTIONS WHO HAVE BEEN APPOINTED AS FOLLOWS:
5 (I) TWO DIRECTORS BY THE SENATE, ONE APPOINTED BY
6 THE MINORITY LEADER AND ONE APPOINTED BY THE PRESIDENT
7 PRO TEMPORE OF THE SENATE.
8 (II) TWO DIRECTORS BY THE HOUSE OF REPRESENTATIVES,
9 ONE APPOINTED BY THE MINORITY LEADER AND ONE APPOINTED BY
10 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
11 (C) REQUIREMENTS.--THE SURE SYSTEM SHALL BE DEVELOPED AS A
12 SINGLE, UNIFORM INTEGRATED COMPUTER SYSTEM. ALL COMMISSIONS
13 SHALL BE CONNECTED ELECTRONICALLY TO THE SURE SYSTEM AND SHALL
14 MAINTAIN THEIR REGISTRATION RECORDS IN THE SYSTEM. THE SURE
15 SYSTEM SHALL, AT A MINIMUM, DO ALL OF THE FOLLOWING:
16 (1) CONTAIN A DATABASE OF ALL REGISTERED ELECTORS IN
17 THIS COMMONWEALTH.
18 (2) ENSURE THE INTEGRITY AND ACCURACY OF ALL
19 REGISTRATION RECORDS IN THE SYSTEM BY PROHIBITING
20 UNAUTHORIZED ENTRY, MODIFICATION OR DELETION OF REGISTRATION
21 RECORDS.
22 (3) ASSIGN A UNIQUE SURE REGISTRATION NUMBER TO EACH
23 INDIVIDUAL CURRENTLY REGISTERED IN THIS COMMONWEALTH.
24 (4) PERMIT THE COMMISSIONS TO ADD, MODIFY AND DELETE
25 INFORMATION IN THE SYSTEM AS IS NECESSARY AND APPROPRIATE.
26 (5) PERMIT EACH COMMISSION AND THE DEPARTMENT TO HAVE
27 INSTANT ACCESS TO A COMMISSION'S REGISTRATION RECORDS
28 MAINTAINED ON THE SYSTEM.
29 (6) BE THE GENERAL REGISTER FOR A COMMISSION ONCE THE
30 COMMISSION IS CONNECTED TO THE SURE SYSTEM.
20010S0607B1628 - 24 -
1 (7) PERMIT EACH COMMISSION AND THE DEPARTMENT TO REVIEW
2 AND SEARCH THE SYSTEM AND TO PERMIT THE SENDING OF NOTICES TO
3 THE APPROPRIATE OFFICIALS REGARDING DEATH, CHANGE OF ADDRESS
4 OR OTHER INFORMATION WHICH COULD AFFECT THE QUALIFICATIONS OF
5 AN APPLICANT OR THE REGISTRATION OF A REGISTERED ELECTOR.
6 (8) PROVIDE FOR THE ELECTRONIC TRANSFER OF COMPLETED
7 VOTER REGISTRATION APPLICATIONS AND CHANGES OF ADDRESS IN
8 ACCORDANCE WITH THIS PART.
9 (9) PRESERVE THE POWER OF THE COMMISSIONS TO MAKE
10 DETERMINATIONS AS TO THE QUALIFICATIONS OF APPLICANTS.
11 (10) ASSIGN A UNIQUE SURE REGISTRATION NUMBER TO EACH
12 QUALIFIED ELECTOR WHO BECOMES REGISTERED AND RECORD THE
13 REGISTERED ELECTOR IN THE GENERAL REGISTER OF THE APPROPRIATE
14 COMMISSION.
15 (11) PERMIT AUDITING OF EACH REGISTERED ELECTOR'S
16 REGISTRATION RECORD FROM THE DAY OF ITS CREATION UNTIL THE
17 DAY IT IS CANCELED.
18 (12) PERMIT THE DEPARTMENT TO IMPLEMENT SECTION
19 1901(B)(1)(I) (RELATING TO REMOVAL OF ELECTORS).
20 (13) PERMIT THE TIMELY PRINTING AND TRANSMISSION BY
21 COMMISSIONS OF DISTRICT REGISTERS AND ALL OTHER INFORMATION
22 CONTAINED IN THE SYSTEM AS MAY BE NECESSARY FOR THE OPERATION
23 OF THE POLLING PLACES ON ELECTION DAYS.
24 (14) BE DESIGNED WITH AN EMERGENCY RECOVERY SYSTEM TO
25 INSURE THAT REGISTRATION RECORDS ARE NOT LOST IN THE CASE OF
26 AN EMERGENCY, NATURAL DISASTER OR OTHER SUCH EVENT THAT COULD
27 CAUSE THE SYSTEM TO MALFUNCTION.
28 (D) RECORDS.--WITHIN 30 DAYS OF RECEIVING NOTICE FROM THE
29 DEPARTMENT, EACH COMMISSION SHALL PROVIDE TO THE DEPARTMENT, IN
30 THE MANNER AND FORM ESTABLISHED BY THE DEPARTMENT, AN ELECTRONIC
20010S0607B1628 - 25 -
1 COPY OF ITS REGISTRATION RECORDS. BEGINNING 60 DAYS AFTER
2 RECEIVING NOTICE IN ACCORDANCE WITH THIS SUBSECTION AND
3 CONTINUING UNTIL THE COMMISSION IS CONNECTED TO THE SURE SYSTEM,
4 EACH COMMISSION SHALL PROVIDE MONTHLY TO THE DEPARTMENT, IN THE
5 MANNER AND FORM ESTABLISHED BY THE DEPARTMENT, AN ELECTRONIC
6 COPY OF ITS GENERAL REGISTER. THE PROVISION OF RECORDS IN
7 ACCORDANCE WITH THIS SUBSECTION SHALL NOT BE CONSIDERED A PART
8 OF THE ESTABLISHMENT OR IMPLEMENTATION OF THE SURE SYSTEM.
9 (E) IMPLEMENTATION.--THE DEPARTMENT SHALL IMPLEMENT THE SURE
10 SYSTEM AS SOON AS POSSIBLE. THE DEPARTMENT SHALL ESTABLISH, BY
11 REGULATION, A SCHEDULE FOR EACH COMMISSION TO BE CONNECTED TO
12 THE SURE SYSTEM. COMMISSIONS SHALL BE CONNECTED IN AN ORDER
13 WHICH MAXIMIZES THE ACCURACY, INTEGRITY AND PROTECTION OF
14 REGISTRATION RECORDS ON A STATEWIDE BASIS. UPON BEING CONNECTED,
15 EACH COMMISSION SHALL BE REQUIRED TO USE THE SURE SYSTEM AS ITS
16 GENERAL REGISTER. CONNECTION OF THE COMMISSIONS SHALL COMMENCE
17 NO LATER THAN AUGUST 31, 2002, AND SHALL BE COMPLETED STATEWIDE
18 BY JANUARY 1, 2005.
19 (F) REGULATIONS.--THE SECRETARY SHALL PROMULGATE REGULATIONS
20 NECESSARY TO ESTABLISH, IMPLEMENT AND ADMINISTER THE SURE
21 SYSTEM. REGULATIONS SHALL INCLUDE ALL OF THE FOLLOWING:
22 (1) UNIFORM PROCEDURES FOR THE COMMISSIONS RELATING TO
23 THE SURE SYSTEM, INCLUDING THE PROCESS AND MANNER OF ENTERING
24 INFORMATION INTO THE SURE SYSTEM, THE TYPE AND FORM OF
25 INFORMATION TO BE ENTERED, THE PROCESS FOR IDENTIFYING AND
26 REMOVING DUPLICATE REGISTRATIONS, THE MANNER AND TIME FRAME
27 FOR UPDATING INFORMATION IN THE SYSTEM AND THE MANNER AND
28 FORM OF COMMUNICATIONS BETWEEN COMMISSIONS AND BETWEEN THE
29 DEPARTMENT AND A COMMISSION.
30 (2) PERIODIC TRAINING REQUIREMENTS FOR COMMISSIONS AND
20010S0607B1628 - 26 -
1 THEIR EMPLOYEES.
2 (3) SUCH OTHER REGULATIONS AS ARE NECESSARY TO ENSURE
3 THAT THE SURE SYSTEM SHALL COMPLY WITH ALL OTHER PROVISIONS
4 OF THIS PART.
5 § 1223. SURE SYSTEM COSTS.
6 THE COST OF ESTABLISHMENT, IMPLEMENTATION AND MAINTENANCE OF
7 THE SURE SYSTEM TECHNOLOGY AND ITS EMERGENCY RECOVERY SYSTEM
8 SHALL BE BORNE BY THE COMMONWEALTH.
9 CHAPTER 13
10 VOTER REGISTRATION
11 SUBCHAPTER
12 A. QUALIFICATIONS
13 B. PROCEDURE
14 SUBCHAPTER A
15 QUALIFICATIONS
16 SEC.
17 1301. QUALIFICATIONS TO REGISTER.
18 1302. RESIDENCE OF ELECTORS.
19 § 1301. QUALIFICATIONS TO REGISTER.
20 (A) ELIGIBILITY.--AN INDIVIDUAL WHO WILL BE AT LEAST 18
21 YEARS OF AGE ON THE DAY OF THE NEXT ELECTION, WHO HAS BEEN A
22 CITIZEN OF THE UNITED STATES FOR AT LEAST ONE MONTH PRIOR TO THE
23 NEXT ELECTION AND WHO HAS RESIDED IN THIS COMMONWEALTH AND THE
24 ELECTION DISTRICT WHERE THE INDIVIDUAL OFFERS TO VOTE FOR AT
25 LEAST 30 DAYS PRIOR TO THE NEXT ENSUING ELECTION AND HAS NOT
26 BEEN CONFINED IN A PENAL INSTITUTION FOR A CONVICTION OF A
27 FELONY WITHIN THE LAST FIVE YEARS SHALL BE ELIGIBLE TO REGISTER
28 AS PROVIDED IN THIS CHAPTER.
29 (B) EFFECT.--NO INDIVIDUAL SHALL BE PERMITTED TO VOTE AT ANY
30 ELECTION UNLESS THE INDIVIDUAL IS REGISTERED UNDER THIS
20010S0607B1628 - 27 -
1 SUBSECTION, EXCEPT AS PROVIDED BY LAW OR BY ORDER OF A COURT OF
2 COMMON PLEAS. NO REGISTERED ELECTOR SHALL BE REQUIRED TO
3 REGISTER AGAIN FOR ANY ELECTION WHILE THE ELECTOR CONTINUES TO
4 RESIDE AT THE SAME ADDRESS.
5 (C) REMOVAL OF RESIDENCE.--EXCEPT AS OTHERWISE PROVIDED BY
6 THIS PART, A REGISTERED ELECTOR WHO REMOVES RESIDENCE FROM ONE
7 PLACE TO ANOTHER OUTSIDE THE ELECTOR'S LAST ELECTION DISTRICT
8 SHALL NOT BE ENTITLED TO VOTE IN THE ELECTION DISTRICT OF THE
9 ELECTOR'S LAST RESIDENCE EXCEPT PURSUANT TO THE PROVISIONS OF
10 THIS SECTION AND SECTIONS 1501(B) (RELATING TO REMOVAL NOTICES),
11 1502 (RELATING TO TRANSFER OF REGISTRATION) AND 1902 (RELATING
12 TO PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN NOTIFICATION
13 CARD).
14 § 1302. RESIDENCE OF ELECTORS.
15 (A) GENERAL RULE.--
16 (1) FOR THE PURPOSE OF REGISTRATION AND VOTING, NO
17 INDIVIDUAL SHALL BE DEEMED TO HAVE GAINED A RESIDENCE BY
18 REASON OF PRESENCE OR LOST A RESIDENCE BY REASON OF ABSENCE
19 IN ANY OF THE FOLLOWING CIRCUMSTANCES:
20 (I) BEING EMPLOYED IN THE SERVICE, EITHER CIVIL OR
21 MILITARY, OF THIS COMMONWEALTH OR OF THE UNITED STATES.
22 (II) BEING ENGAGED IN THE NAVIGATION OF THE WATERS
23 OF THIS COMMONWEALTH OR OF THE UNITED STATES OR ON THE
24 HIGH SEAS.
25 (III) BEING IN AN INSTITUTION AT PUBLIC EXPENSE.
26 THIS SUBPARAGRAPH DOES NOT APPLY TO A VETERAN WHO RESIDES
27 IN A HOME FOR DISABLED AND INDIGENT SOLDIERS AND SAILORS
28 MAINTAINED BY THE COMMONWEALTH. SUCH A VETERAN MAY ELECT
29 TO UTILIZE THAT RESIDENCE FOR REGISTRATION AND VOTING OR
30 ELECT TO VOTE AS AN ABSENTEE ELECTOR BY THE USE OF AN
20010S0607B1628 - 28 -
1 ABSENTEE BALLOT.
2 (2) NOTHING IN PARAGRAPH (1) SHALL PRECLUDE ANY ELECTOR
3 ELIGIBLE UNDER SECTION 1301 (RELATING TO QUALIFICATIONS TO
4 REGISTER) FROM ESTABLISHING THE DISTRICT OF RESIDENCE AS THE
5 ELECTION DISTRICT OF RESIDENCE PURSUANT TO SUBSECTION (B).
6 (3) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, NO
7 INDIVIDUAL WHO IS CONFINED IN A PENAL INSTITUTION SHALL BE
8 DEEMED A RESIDENT OF THE ELECTION DISTRICT WHERE THE
9 INSTITUTION IS LOCATED. THE INDIVIDUAL SHALL BE DEEMED TO
10 RESIDE WHERE THE INDIVIDUAL WAS LAST REGISTERED BEFORE BEING
11 CONFINED IN THE PENAL INSTITUTION, OR IF THERE WAS NO
12 REGISTRATION PRIOR TO CONFINEMENT, THE INDIVIDUAL SHALL BE
13 DEEMED TO RESIDE AT THE LAST KNOWN ADDRESS BEFORE
14 CONFINEMENT.
15 (4) AN INDIVIDUAL WHO RESIDES AT AN INSTITUTION FOR THE
16 MENTALLY ILL OR THE MENTALLY RETARDED, IF OTHERWISE QUALIFIED
17 UNDER SECTION 1301, SHALL BE DEEMED, AT THE INDIVIDUAL'S
18 OPTION, A RESIDENT IN ONE OF THE FOLLOWING:
19 (I) THE DISTRICT WHERE THE INSTITUTION IS LOCATED.
20 (II) THE DISTRICT WHERE THE INDIVIDUAL WAS LAST
21 REGISTERED TO VOTE BEFORE ENTERING THE INSTITUTION. FOR
22 PURPOSES OF THIS SUBPARAGRAPH, IF THE INDIVIDUAL WAS NOT
23 REGISTERED BEFORE ENTERING THE INSTITUTION, THE
24 INDIVIDUAL SHALL BE DEEMED TO RESIDE AT THE LAST KNOWN
25 ADDRESS BEFORE ENTERING THE INSTITUTION.
26 (B) RULES FOR DETERMINATION.--THE FOLLOWING APPLY:
27 (1) THAT THE PLACE SHALL BE CONSIDERED THE RESIDENCE OF
28 AN INDIVIDUAL IN WHICH HABITATION IS FIXED AND TO WHICH,
29 WHENEVER THE INDIVIDUAL IS ABSENT, THE INDIVIDUAL HAS THE
30 INTENTION OF RETURNING.
20010S0607B1628 - 29 -
1 (2) AN INDIVIDUAL SHALL NOT BE CONSIDERED TO HAVE LOST
2 RESIDENCE IF THE INDIVIDUAL LEAVES HOME AND GOES INTO ANOTHER
3 STATE OR ANOTHER ELECTION DISTRICT FOR TEMPORARY PURPOSES
4 ONLY, WITH THE INTENTION OF RETURNING.
5 (3) AN INDIVIDUAL SHALL NOT BE CONSIDERED TO HAVE GAINED
6 A RESIDENCE IN AN ELECTION DISTRICT IF THE INDIVIDUAL COMES
7 INTO THAT DISTRICT FOR TEMPORARY PURPOSES ONLY WITHOUT THE
8 INTENTION OF MAKING THAT ELECTION DISTRICT A PERMANENT PLACE
9 OF ABODE.
10 (4) IF AN INDIVIDUAL REMOVES TO ANOTHER STATE WITH THE
11 INTENTION OF MAKING THAT STATE THE PERMANENT RESIDENCE, THE
12 INDIVIDUAL SHALL BE CONSIDERED TO HAVE LOST RESIDENCE IN THIS
13 COMMONWEALTH.
14 (5) IF AN INDIVIDUAL REMOVES TO ANOTHER STATE WITH THE
15 INTENTION OF REMAINING THERE AN INDEFINITE TIME AND MAKING
16 THAT STATE THE PLACE OF RESIDENCE, THE INDIVIDUAL SHALL BE
17 CONSIDERED TO HAVE LOST RESIDENCE IN THIS COMMONWEALTH,
18 NOTWITHSTANDING AN INTENTION TO RETURN AT SOME INDEFINITE
19 FUTURE PERIOD.
20 (6) IF AN INDIVIDUAL GOES INTO ANOTHER STATE AND, WHILE
21 THERE, VOTES IN AN ELECTION HELD BY THAT STATE, THE
22 INDIVIDUAL SHALL BE CONSIDERED TO HAVE LOST RESIDENCE IN THIS
23 COMMONWEALTH.
24 (7) AN INDIVIDUAL EMPLOYED IN THE SERVICE OF THE FEDERAL
25 GOVERNMENT OR OF THE COMMONWEALTH AND REQUIRED THEREBY TO BE
26 ABSENT FROM THE MUNICIPALITY WHERE THE INDIVIDUAL RESIDED
27 WHEN ENTERING THAT EMPLOYMENT, AND THE SPOUSE OF THE
28 INDIVIDUAL, MAY REMAIN REGISTERED IN THE DISTRICT WHERE THE
29 INDIVIDUAL RESIDED IMMEDIATELY PRIOR TO ENTERING THAT
30 EMPLOYMENT; AND THE INDIVIDUAL AND THE SPOUSE SHALL BE
20010S0607B1628 - 30 -
1 ENROLLED IN THE POLITICAL PARTY DESIGNATED BY THE INDIVIDUAL
2 OR SPOUSE WITHOUT DECLARING A RESIDENCE BY STREET AND NUMBER.
3 (I) AN INDIVIDUAL WHO REGISTERS UNDER THIS PARAGRAPH
4 FOR COMMONWEALTH EMPLOYMENT MUST PRODUCE A CERTIFICATE
5 FROM THE HEAD OF THE STATE AGENCY, UNDER THE SEAL OF
6 OFFICE, SETTING FORTH THAT THE INDIVIDUAL OR THE
7 INDIVIDUAL'S SPOUSE IS ACTUALLY EMPLOYED IN THE SERVICE
8 OF THE COMMONWEALTH AND SETTING FORTH THE NATURE OF THE
9 EMPLOYMENT AND THE TIME WHEN THE EMPLOYEE FIRST ENTERED
10 THE EMPLOYMENT. THE COMMISSION SHALL RETAIN CERTIFICATES
11 UNDER THIS SUBPARAGRAPH.
12 (II) THE COMMISSION SHALL NOTE ON THE REGISTRATION
13 RECORD OF EACH INDIVIDUAL REGISTERED UNDER THIS PARAGRAPH
14 THE FACT OF FEDERAL OR STATE EMPLOYMENT.
15 (III) AT LEAST ONCE EVERY TWO YEARS THE COMMISSION
16 SHALL VERIFY THE EMPLOYMENT OF THE INDIVIDUALS REGISTERED
17 UNDER THIS PARAGRAPH AT THE PROPER FEDERAL OR STATE
18 OFFICE. IF AN INDIVIDUAL IS FOUND TO BE NO LONGER A
19 FEDERAL OR STATE EMPLOYEE, THE INDIVIDUAL'S REGISTRATION
20 SHALL BE CANCELED UNDER CHAPTER 15 (RELATING TO CHANGES
21 IN RECORDS).
22 SUBCHAPTER B
23 PROCEDURE
24 SEC.
25 1321. METHODS OF VOTER REGISTRATION.
26 1322. IN-PERSON VOTER REGISTRATION.
27 1323. APPLICATION WITH DRIVER'S LICENSE APPLICATION.
28 1324. APPLICATION BY MAIL.
29 1325. GOVERNMENT AGENCIES.
30 1326. TIME.
20010S0607B1628 - 31 -
1 1327. PREPARATION AND DISTRIBUTION OF APPLICATIONS.
2 1328. APPROVAL OF REGISTRATION APPLICATIONS.
3 1328.1. SURE REGISTRATION NUMBER.
4 1329. CHALLENGES.
5 1330. APPEALS.
6 § 1321. METHODS OF VOTER REGISTRATION.
7 AN INDIVIDUAL QUALIFIED TO REGISTER TO VOTE UNDER SECTION
8 1301(A) (RELATING TO QUALIFICATIONS TO REGISTER) MAY APPLY TO
9 REGISTER AS FOLLOWS:
10 (1) UNDER SECTION 1322 (RELATING TO IN-PERSON VOTER
11 REGISTRATION).
12 (2) UNDER SECTION 1323 (RELATING TO APPLICATION WITH
13 DRIVER'S LICENSE APPLICATION).
14 (3) UNDER SECTION 1324 (RELATING TO APPLICATION BY
15 MAIL).
16 (4) UNDER SECTION 1325 (RELATING TO GOVERNMENT
17 AGENCIES).
18 § 1322. IN-PERSON VOTER REGISTRATION.
19 (A) GENERAL RULE.--APPLICATIONS MAY BE SUBMITTED TO REGISTER
20 TO VOTE OR CHANGE PARTY ENROLLMENT OR NAME OR ADDRESS ON A
21 CURRENT REGISTRATION RECORD IN PERSON BEFORE THE COMMISSION OR A
22 COMMISSIONER, A REGISTRAR OR A CLERK AT THE OFFICE OF THE
23 COMMISSION OR AT A PLACE DESIGNATED BY THE COMMISSION. THE
24 APPLICANT SHALL BE ADVISED THAT ANY INTENTIONAL FALSE STATEMENT
25 ON THE APPLICATION CONSTITUTES PERJURY AND WILL BE PUNISHABLE AS
26 SUCH. THE APPLICANT SHALL PROVIDE THE INFORMATION REQUIRED ON
27 THE REGISTRATION APPLICATION AND SIGN THE REGISTRATION
28 DECLARATION. THE COMMISSION SHALL PREPARE AND PROVIDE VOTER
29 REGISTRATION APPLICATIONS FOR THE PURPOSE OF REGISTERING
30 QUALIFIED ELECTORS IN ACCORDANCE WITH THIS SECTION.
20010S0607B1628 - 32 -
1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART, THE COMMISSION
2 MAY USE A MAIL REGISTRATION APPLICATION FOR IN-PERSON
3 REGISTRATION. THE COMMISSION SHALL MAIL THE QUALIFIED ELECTOR AN
4 IDENTIFICATION CARD IN ACCORDANCE WITH SECTION 1328 (RELATING TO
5 APPROVAL OF REGISTRATION APPLICATIONS).
6 (B) NOTICE.--THE COMMISSION SHALL, WITHIN A REASONABLE TIME,
7 PUBLICLY ANNOUNCE THE ADDRESS OF EACH PLACE OF REGISTRATION, THE
8 ADDRESS OF EACH OFFICE OF THE COMMISSION ESTABLISHED FOR THE
9 REGISTRATION OF QUALIFIED ELECTORS OTHER THAN ITS MAIN OFFICE
10 AND THE DAYS AND HOURS WHEN THE PLACE OR OFFICE IS OPEN FOR THE
11 REGISTRATION OF QUALIFIED ELECTORS. THE ANNOUNCEMENT SHALL BE
12 MADE BY POSTING NOTICE AT THE PLACE OR OFFICE AND AT THE
13 COMMISSION'S MAIN OFFICE AND BY OTHER MEANS AS THE COMMISSION
14 DEEMS ADVISABLE.
15 (C) POLLS.--THE ELECTION BOARD OF EACH COUNTY SHALL CAUSE
16 ANY POLLING PLACE TO BE OPEN, IN PROPER ORDER FOR USE, AS A
17 PLACE OF REGISTRATION ON EACH DAY WHEN THE POLLING PLACE IS
18 DESIRED BY THE COMMISSION OR REQUIRED BY THE PROVISIONS OF THIS
19 PART FOR USE AS A PLACE OF REGISTRATION. THE APPROPRIATING
20 AUTHORITY OF THE COUNTY SHALL PROVIDE FOR THE PAYMENT OF RENTALS
21 FOR SUCH POLLING PLACES AND OTHER PLACES OF REGISTRATION.
22 (D) SCHOOLS.--THE BOARD OF PUBLIC EDUCATION OR THE BOARD OF
23 SCHOOL DIRECTORS SHALL FURNISH SUITABLE SPACE IN ANY PUBLIC
24 SCHOOL BUILDING UNDER ITS JURISDICTION OR CONTROL AND SHALL
25 CAUSE THE SPACE TO BE OPEN AND IN PROPER ORDER FOR USE AS A
26 PLACE OF REGISTRATION ON EACH DAY WHEN THE SPACE IS DESIRED BY
27 THE COMMISSION FOR USE AS A PLACE OF REGISTRATION IN ACCORDANCE
28 WITH THE PROVISIONS OF THIS PART. USE UNDER THIS SUBSECTION MAY
29 NOT INTERFERE WITH SCHOOL INSTRUCTION.
30 (E) MUNICIPAL BUILDINGS.--THE PROPER AUTHORITY IN THE COUNTY
20010S0607B1628 - 33 -
1 OR MUNICIPALITY SHALL FURNISH SUITABLE SPACE IN A BUILDING UNDER
2 ITS JURISDICTION OR CONTROL AND SHALL CAUSE THE SPACE TO BE OPEN
3 AND IN PROPER ORDER FOR USE AS A PLACE OF REGISTRATION ON EACH
4 DAY WHEN THE SPACE IS DESIRED BY THE COMMISSION FOR USE AS A
5 PLACE OF REGISTRATION. USE UNDER THIS SUBSECTION MAY NOT
6 INTERFERE WITH THE USE FOR WHICH THE SPACE IS PRIMARILY
7 DESIGNED.
8 § 1323. APPLICATION WITH DRIVER'S LICENSE APPLICATION.
9 (A) GENERAL RULE.--
10 (1) THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE FOR
11 SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION IN
12 CONJUNCTION WITH THE PROCESS UNDER 75 PA.C.S. § 1510
13 (RELATING TO ISSUANCE AND CONTENT OF DRIVER'S LICENSE). AN
14 APPLICATION UNDER THIS SUBSECTION SHALL SERVE AS AN
15 APPLICATION TO REGISTER TO VOTE UNLESS THE APPLICANT FAILS TO
16 SIGN THE VOTER REGISTRATION APPLICATION. THE SECRETARY HAS
17 THE PRIMARY RESPONSIBILITY FOR IMPLEMENTING AND ENFORCING THE
18 DRIVER'S LICENSE VOTER REGISTRATION SYSTEM CREATED UNDER THIS
19 SECTION. THE SECRETARY, IN CONSULTATION WITH THE SECRETARY OF
20 TRANSPORTATION, MAY PROMULGATE REGULATIONS FOR IMPLEMENTING
21 THIS SECTION.
22 (2) AN APPLICATION FOR VOTER REGISTRATION SUBMITTED TO
23 THE DEPARTMENT OF TRANSPORTATION UNDER THIS SUBSECTION SHALL
24 BE CONSIDERED AS UPDATING ANY PREVIOUS VOTER REGISTRATION
25 INFORMATION BY A REGISTRANT.
26 (3) ANY CHANGE OF ADDRESS SUBMITTED TO THE DEPARTMENT OF
27 TRANSPORTATION FOR THE PURPOSES OF DRIVER LICENSING SHALL
28 SERVE AS NOTIFICATION OF CHANGE OF ADDRESS FOR VOTER
29 REGISTRATION FOR THE REGISTRANT INVOLVED UNLESS THE
30 REGISTRANT INDICATES THAT THE CHANGE OF ADDRESS IS NOT FOR
20010S0607B1628 - 34 -
1 VOTER REGISTRATION PURPOSES.
2 (B) PROCESS.--
3 (1) THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE FOR
4 AN APPLICATION FOR VOTER REGISTRATION AS PART OF A DRIVER'S
5 LICENSE APPLICATION.
6 (2) THE FORMAT OF THE DRIVER'S LICENSE/VOTER
7 REGISTRATION APPLICATION SHALL BE DETERMINED AND PRESCRIBED
8 BY THE SECRETARY AND THE SECRETARY OF TRANSPORTATION.
9 (3) THE VOTER REGISTRATION APPLICATION PORTION OF THE
10 APPLICATION SHALL CONTAIN ALL THE REQUIREMENTS OF AN OFFICIAL
11 VOTER REGISTRATION APPLICATION SPECIFIED IN SECTION 1327
12 (RELATING TO PREPARATION AND DISTRIBUTION OF APPLICATIONS).
13 THE VOTER REGISTRATION PORTION OF THE APPLICATION:
14 (I) MAY NOT REQUIRE ANY INFORMATION THAT DUPLICATES
15 INFORMATION REQUIRED IN THE DRIVER'S LICENSE PORTION OF
16 THE FORM, OTHER THAN A SECOND SIGNATURE; AND
17 (II) MAY REQUIRE ONLY THE MINIMUM AMOUNT OF
18 INFORMATION NECESSARY TO PREVENT DUPLICATE VOTER
19 REGISTRATION, TO ENABLE THE COMMISSION TO ASSESS THE
20 ELIGIBILITY OF THE APPLICANT AND TO ADMINISTER VOTER
21 REGISTRATION AND OTHER PARTS OF THE ELECTION PROCESS.
22 (C) TRANSMISSION.--
23 (1) THE DEPARTMENT OF TRANSPORTATION SHALL FORWARD
24 COMPLETED APPLICATIONS OR CONTENTS OF THE COMPLETED VOTER
25 REGISTRATION APPLICATIONS IN MACHINE-READABLE FORMAT TO THE
26 DEPARTMENT BY THE CLOSE OF REGISTRATION FOR THE ENSUING
27 ELECTION.
28 (2) THE DEPARTMENT SHALL TRANSMIT THE MATERIAL TO THE
29 APPROPRIATE COMMISSION WITHIN TEN DAYS AFTER THE DATE OF ITS
30 RECEIPT BY THE DEPARTMENT OF TRANSPORTATION. IF A VOTER
20010S0607B1628 - 35 -
1 REGISTRATION APPLICATION IS RECEIVED BY THE DEPARTMENT OF
2 TRANSPORTATION WITHIN FIVE DAYS BEFORE THE LAST DAY TO
3 REGISTER BEFORE AN ELECTION, THE APPLICATION SHALL BE
4 TRANSMITTED TO THE APPROPRIATE COMMISSION NOT LATER THAN FIVE
5 DAYS AFTER THE DATE OF ITS RECEIPT BY THE DEPARTMENT OF
6 TRANSPORTATION.
7 (3) UPON RECEIPT OF THE COMPLETED VOTER REGISTRATION
8 INFORMATION FROM THE DEPARTMENT, THE COMMISSION SHALL MAKE A
9 RECORD OF THE DATE OF THE RECEIPT OF THE APPLICATION AND
10 PROCESS THE APPLICATION. NO APPLICANT SHALL BE DEEMED
11 ELIGIBLE TO VOTE UNTIL THE COMMISSION HAS RECEIVED AND
12 APPROVED THE APPLICATION.
13 (3.1) AFTER THE DEPARTMENT OF TRANSPORTATION IS
14 CONNECTED TO THE SURE SYSTEM AND NOTWITHSTANDING PARAGRAPHS
15 (1), (2) AND (3), THE DEPARTMENT OF TRANSPORTATION SHALL
16 TRANSMIT ELECTRONICALLY THE CONTENTS OF A COMPLETED VOTER
17 REGISTRATION APPLICATION WITHIN FIVE DAYS OF RECEIPT OF THE
18 APPLICATION. UPON RECEIPT OF THE INFORMATION FROM THE
19 DEPARTMENT OF TRANSPORTATION, A COMMISSION SHALL MAKE A
20 RECORD OF THE DATE OF THE RECEIPT OF THE APPLICATION AND
21 PROCESS THE APPLICATION IN ACCORDANCE WITH SECTION 1328
22 (RELATING TO APPROVAL OF REGISTRATION APPLICATIONS). IF THE
23 COMMISSION OF THE COUNTY OF RESIDENCE HAS NOT BEEN CONNECTED
24 TO THE SURE SYSTEM, THE DEPARTMENT OF TRANSPORTATION SHALL
25 FORWARD THE COMPLETED APPLICATION OR CONTENTS OF THE
26 COMPLETED APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH
27 PARAGRAPH (1). NO APPLICANT SHALL BE DEEMED ELIGIBLE TO VOTE
28 UNTIL THE COMMISSION HAS RECEIVED AND APPROVED AN APPLICATION
29 IN ACCORDANCE WITH SECTION 1328.
30 (4) CHANGES OF ADDRESS SHALL COMPLY WITH THE FOLLOWING:
20010S0607B1628 - 36 -
1 (I) BEFORE THE DEPARTMENT OF TRANSPORTATION IS
2 CONNECTED TO THE SURE SYSTEM, THE DEPARTMENT OF
3 TRANSPORTATION SHALL NOTIFY THE DEPARTMENT OF CHANGES OF
4 ADDRESS RECEIVED UNDER SUBSECTION (A)(3). THE DEPARTMENT
5 SHALL NOTIFY THE COMMISSION OF THE COUNTY OF THE
6 REGISTRANT'S FORMER RESIDENCE. AFTER THE DEPARTMENT OF
7 TRANSPORTATION IS CONNECTED TO THE SURE SYSTEM, THE
8 DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE COMMISSION
9 OF THE COUNTY OF THE REGISTRANT'S FORMER RESIDENCE. IF
10 THE REGISTRANT HAS MOVED TO AN ADDRESS OUTSIDE THIS
11 COMMONWEALTH, THE COMMISSION SHALL VERIFY THE ADDRESS
12 CHANGE IN ACCORDANCE WITH SECTION 1901 (RELATING TO
13 REMOVAL OF ELECTORS). EXCEPT AS PROVIDED IN SUBPARAGRAPH
14 (II), IF THE REGISTRANT CONFIRMS IN ACCORDANCE WITH
15 SECTION 1901(D) THAT HE HAS MOVED TO ANOTHER COUNTY, THE
16 COMMISSION SHALL CANCEL THE REGISTRATION AND FORWARD THE
17 REGISTRANT'S REGISTRATION INFORMATION TO THE COMMISSION
18 OF THE REGISTRANT'S NEW COUNTY OF RESIDENCE. EXCEPT AS
19 PROVIDED IN SUBPARAGRAPH (II), IF THE REGISTRANT HAS
20 MOVED TO AN ADDRESS WITHIN THE COMMISSION'S JURISDICTION,
21 THE COMMISSION SHALL PROMPTLY UPDATE THE REGISTRATION
22 RECORD OF THE REGISTRANT IN ACCORDANCE WITH SECTION 1328.
23 ALL CHANGES OF ADDRESS RECEIVED BY THE DEPARTMENT OF
24 TRANSPORTATION UNDER THIS SECTION AT LEAST 30 DAYS BEFORE
25 AN ELECTION MUST BE PROCESSED BY THE COMMISSION FOR THE
26 ENSUING ELECTION. FOR THE PURPOSE OF THIS PARAGRAPH, THE
27 TERM "REGISTRATION INFORMATION" MEANS THE REGISTRATION
28 CARD AND ANY OTHER RECORD OF REGISTRATION MAINTAINED BY A
29 COMMISSION.
30 (II) IN THE CASE OF CHANGES OF ADDRESS RECEIVED BY
20010S0607B1628 - 37 -
1 THE DEPARTMENT OF TRANSPORTATION WHICH DO NOT CONTAIN A
2 SIGNATURE OF THE REGISTRANT, THE COMMISSION RECEIVING THE
3 CHANGE OF ADDRESS NOTIFICATION SHALL MAIL A NOTICE TO THE
4 REGISTRANT AT THE NEW RESIDENCE ADDRESS REQUESTING
5 VERIFICATION OF THE ADDRESS CHANGE. IF THE CHANGE OF
6 ADDRESS IS TO A NEW RESIDENCE OUTSIDE THE COMMISSION'S
7 JURISDICTION, THE COMMISSION SHALL MAIL THE FOLLOWING
8 NOTICE:
9 DATE................
10 OFFICE OF THE REGISTRATION COMMISSION
11 .......... COUNTY, PENNSYLVANIA
12 ........ (ADDRESS AND TELEPHONE NO. OF COUNTY)
13 WE HAVE BEEN NOTIFIED BY THE DEPARTMENT OF TRANSPORTATION
14 THAT YOU RECENTLY CHANGED YOUR ADDRESS FROM
15 ................. (OLD RESIDENCE ADDRESS) TO
16 ............... (NEW RESIDENCE ADDRESS) AND THAT THIS
17 CHANGE OF ADDRESS IS TO SERVE AS A CHANGE OF ADDRESS FOR
18 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 ........... COUNTY. YOU MAY NOTIFY
22 THIS OFFICE BY WRITING YOUR RESIDENCE ADDRESS, THE DATE
23 AND YOUR SIGNATURE ON THE BOTTOM OF THIS FORM AND MAILING
24 THIS NOTICE TO THIS OFFICE. YOU NEED NOT NOTIFY THIS
25 OFFICE IF THIS INFORMATION IS CORRECT.
26 ............................
27 CHIEF CLERK
28 IF THE ADDRESS CHANGE IS WITHIN THE COMMISSION'S
29 JURISDICTION, THE COMMISSION SHALL MAIL A VOTER'S
30 IDENTIFICATION CARD TO THE REGISTRANT AT THE NEW
20010S0607B1628 - 38 -
1 RESIDENCE ADDRESS.
2 (III) IF THE REGISTRANT DOES NOT RETURN THE NOTICE
3 UNDER SUBPARAGRAPH (II) WITHIN THE TEN-DAY PERIOD, THE
4 COMMISSION SHALL PROCESS THE CHANGE OF ADDRESS ACCORDING
5 TO SUBPARAGRAPH (I). IF THE REGISTRANT NOTIFIES THE
6 COMMISSION THAT THE INFORMATION IS INCORRECT AND THE
7 COMMISSION IS SATISFIED WITH THE REGISTRANT'S EXPLANATION
8 OF THE DISCREPANCY, THE ADDRESS OF THE REGISTRANT'S
9 REGISTRATION SHALL REMAIN UNCHANGED. IF THE VERIFICATION
10 NOTIFICATION OR VOTER IDENTIFICATION CARD IS RETURNED BY
11 THE POST OFFICE AS UNDELIVERABLE AS ADDRESSED OR WITH A
12 FORWARDING ADDRESS, THE COMMISSION SHALL SEND A
13 CONFIRMATION NOTICE TO THE REGISTRANT'S ADDRESS OF FORMER
14 RESIDENCE IN ACCORDANCE WITH SECTION 1901(D)(2) (RELATING
15 TO REMOVAL OF ELECTORS).
16 (5) UPON NOTIFICATION AND CONFIRMATION OF ANY CHANGE OF
17 ADDRESS, A COMMISSION SHALL PROMPTLY UPDATE INFORMATION
18 CONTAINED IN ITS REGISTRATION RECORD.
19 (D) PROHIBITION.--AN INDIVIDUAL WHO IS NOT A QUALIFIED
20 ELECTOR IS INELIGIBLE TO REGISTER TO VOTE UNDER THIS SECTION.
21 (E) EFFECT.--FAILURE TO PROPERLY COMPLETE A VOTER
22 REGISTRATION APPLICATION SHALL NOT AFFECT THE VALIDITY OF AN
23 APPLICATION FOR A DRIVER'S LICENSE, A RENEWAL APPLICATION OR AN
24 IDENTIFICATION CARD APPLICATION.
25 (F) USE OF INFORMATION.--NO INFORMATION REGARDING A
26 DECLINATION TO REGISTER TO VOTE IN CONNECTION WITH AN
27 APPLICATION MADE UNDER THIS SECTION MAY BE USED FOR ANY PURPOSE
28 OTHER THAN VOTER REGISTRATION.
29 (G) STAFF.--AGENTS AND EMPLOYEES WORKING ON BEHALF OF THE
30 DEPARTMENT OF TRANSPORTATION ASSISTING IN THE COMPLETION OF
20010S0607B1628 - 39 -
1 VOTER REGISTRATION APPLICATIONS SHALL CONDUCT THEMSELVES IN A
2 MANNER CONSISTENT WITH THE FOLLOWING PRINCIPLES:
3 (1) THEY SHALL NOT SEEK TO INFLUENCE AN APPLICANT'S
4 POLITICAL PREFERENCE OR PARTY REGISTRATION OR DISPLAY
5 POLITICAL PREFERENCE OR PARTY ALLEGIANCE.
6 (2) THEY SHALL NOT MAKE A STATEMENT TO AN APPLICANT OR
7 TAKE AN ACTION THE PURPOSE OR EFFECT OF WHICH IS TO
8 DISCOURAGE THE APPLICANT FROM REGISTERING TO VOTE.
9 (3) APPLICANTS WISHING TO REGISTER TO VOTE UNDER THIS
10 SECTION SHALL BE GIVEN THE SAME DEGREE OF ASSISTANCE WITH THE
11 VOTER REGISTRATION APPLICATION AS WITH ALL OTHER DEPARTMENT
12 OF TRANSPORTATION FORMS.
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 § 1324. APPLICATION BY MAIL.
19 (A) GENERAL RULE.--AN APPLICATION TO REGISTER TO VOTE OR TO
20 CHANGE PARTY ENROLLMENT OR NAME OR ADDRESS ON A CURRENT
21 REGISTRATION MAY BE SUBMITTED BY VOTER REGISTRATION MAIL
22 APPLICATION IN THE MANNER SET FORTH IN THIS SECTION. AN
23 APPLICATION MAY BE SUBMITTED BY MAIL OR BY REPRESENTATIVE TO THE
24 COMMISSION ON AN OFFICIAL MAIL REGISTRATION APPLICATION, THE
25 FORM OF WHICH SHALL BE DETERMINED AND PRESCRIBED BY THE
26 SECRETARY OR THE FEDERAL ELECTION COMMISSION PURSUANT TO THE
27 NATIONAL VOTER REGISTRATION ACT OF 1993 (PUBLIC LAW 103-31, 42
28 U.S.C. § 1973GG ET SEQ.). THE APPLICANT MUST COMPLETE THE
29 INFORMATION REQUIRED ON THE REGISTRATION APPLICATION AND SIGN
30 THE REGISTRATION DECLARATION.
20010S0607B1628 - 40 -
1 (B) TIME.--REGISTRATION UNDER THIS SECTION MAY BE MADE AT
2 ANY TIME. IF A REGISTRATION APPLICATION IS RECEIVED BY A
3 COMMISSION BEYOND THE DEADLINE FOR REGISTRATION PROVIDED IN
4 SECTION 1326 (RELATING TO TIME), THE APPLICATION SHALL BE
5 RETAINED BY THE COMMISSION UNTIL THE BEGINNING OF THE NEXT
6 PERIOD DURING WHICH REGISTRATION CAN BE MADE.
7 (C) MILITARY ELECTORS.--
8 (1) A MILITARY ELECTOR MAY APPLY AT ANY TIME FOR
9 REGISTRATION ON AN OFFICIAL REGISTRATION APPLICATION OR ANY
10 FORM PRESCRIBED BY THE FEDERAL GOVERNMENT FOR SUCH PURPOSE.
11 (2) THE STATUS OF A MILITARY ELECTOR TO REGISTER UNDER
12 THIS SECTION WITH RESPECT TO RESIDENCE SHALL REMAIN AS THE
13 SAME HOME RESIDENCE STATUS FROM WHICH THE MILITARY ELECTOR IS
14 QUALIFIED TO REGISTER. IF, AT THE TIME OF LEAVING THAT HOME
15 ADDRESS, THE MILITARY ELECTOR HAD NOT RESIDED IN THIS
16 COMMONWEALTH OR IN A PARTICULAR ELECTION DISTRICT FOR A
17 SUFFICIENT TIME TO HAVE BEEN ENTITLED TO BE REGISTERED BUT,
18 BY CONTINUED RESIDENCE, WOULD HAVE BECOME ENTITLED TO BE
19 REGISTERED, THE MILITARY ELECTOR SHALL BE ENTITLED TO BE
20 REGISTERED AT THE TIME THE MILITARY ELECTOR WOULD HAVE BEEN
21 ENTITLED TO REGISTER HAD THE MILITARY ELECTOR NOT LEFT THAT
22 HOME ADDRESS BUT CONTINUED TO RESIDE THERE.
23 (3) THE COMMISSION IS AUTHORIZED TO CONSIDER A REQUEST
24 FOR AN ABSENTEE BALLOT AS A REQUEST FOR AN OFFICIAL
25 REGISTRATION APPLICATION AND TO FORWARD TO THE REQUESTER ALL
26 OF THE FOLLOWING:
27 (I) AN ABSENTEE BALLOT AND BALLOTING MATERIAL.
28 (II) AN OFFICIAL REGISTRATION APPLICATION.
29 (4) THE MILITARY ELECTOR MUST COMPLETE AND FILE THESE
30 DOCUMENTS IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
20010S0607B1628 - 41 -
1 ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
2 PENNSYLVANIA ELECTION CODE.
3 (5) THE RIGHT TO BE REGISTERED PURSUANT TO THIS
4 SUBSECTION SHALL NOT BE SUBJECT TO CHALLENGE FOR ANY REASON
5 OTHER THAN FAILURE TO HAVE FURNISHED THE COMMISSION A
6 PROPERLY COMPLETED REGISTRATION APPLICATION.
7 § 1325. GOVERNMENT AGENCIES.
8 (A) GENERAL RULE.--THE SECRETARY SHALL ADMINISTER A SYSTEM
9 WHEREBY ALL OFFICES IN THIS COMMONWEALTH THAT PROVIDE PUBLIC
10 ASSISTANCE, EACH COUNTY CLERK OF ORPHAN'S COURT, INCLUDING EACH
11 MARRIAGE LICENSE BUREAU, ALL OFFICES IN THIS COMMONWEALTH THAT
12 PROVIDE STATE-FUNDED PROGRAMS PRIMARILY ENGAGED IN PROVIDING
13 SERVICES TO PERSONS WITH DISABILITIES AND ALL ARMED FORCES
14 RECRUITMENT CENTERS DO ALL OF THE FOLLOWING:
15 (1) DISTRIBUTE VOTER REGISTRATION APPLICATIONS WITH EACH
16 APPLICATION; REAPPLICATION; AND APPLICATION FOR
17 RECERTIFICATION, RENEWAL OR CHANGE OF ADDRESS.
18 (2) ASSIST APPLICANTS WITH COMPLETION OF THE
19 REGISTRATION APPLICATION UNLESS ASSISTANCE IS REFUSED.
20 (3) ACCEPT COMPLETED REGISTRATION APPLICATIONS.
21 (4) TRANSMIT COMPLETED APPLICATIONS TO THE APPROPRIATE
22 COMMISSION.
23 (B) FORMS.--AN AGENCY DESIGNATED IN SUBSECTION (A) SHALL
24 PROVIDE A FORM FOR OFFICE VISITS OR, IF THE AGENCY PROVIDES
25 SERVICES TO PERSONS WITH DISABILITIES, FOR HOME VISITS WHICH
26 CONTAINS ALL OF THE FOLLOWING:
27 (1) THE QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE
28 WHERE YOU LIVE NOW, WOULD YOU LIKE TO APPLY TO REGISTER TO
29 VOTE TODAY?"
30 (2) IF THE AGENCY PROVIDES PUBLIC ASSISTANCE, THE
20010S0607B1628 - 42 -
1 STATEMENT, "APPLYING TO REGISTER OR DECLINING TO REGISTER TO
2 VOTE WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL
3 BE PROVIDED BY THIS AGENCY."
4 (3) BOXES FOR THE APPLICANT TO CHECK TO INDICATE WHETHER
5 THE APPLICANT WOULD LIKE TO REGISTER OR DECLINE TO REGISTER
6 TO VOTE. IN CLOSE PROXIMITY TO THE BOXES THE FOLLOWING WORDS
7 SHALL APPEAR IN PROMINENT TYPE: "IF YOU DO NOT CHECK EITHER
8 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
9 TO VOTE AT THIS TIME."
10 (4) THE STATEMENT, "IN ORDER TO BE QUALIFIED TO REGISTER
11 TO VOTE, YOU MUST BE AT LEAST 18 YEARS OF AGE ON THE DAY OF
12 THE NEXT ELECTION, YOU MUST HAVE BEEN A CITIZEN OF THE UNITED
13 STATES FOR AT LEAST ONE MONTH PRIOR TO THE NEXT ELECTION AND
14 HAVE RESIDED IN PENNSYLVANIA AND THE ELECTION DISTRICT WHERE
15 YOU PLAN TO VOTE FOR AT LEAST 30 DAYS PRIOR TO THE NEXT
16 ELECTION, AND YOU MUST NOT HAVE BEEN CONFINED IN A PENAL
17 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE
18 YEARS."
19 (5) THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING
20 OUT THE VOTER REGISTRATION APPLICATION FORM, WE WILL HELP
21 YOU. THE DECISION WHETHER TO SEEK HELP IS YOURS. YOU MAY FILL
22 OUT THE FORM IN PRIVATE."
23 (6) THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS
24 INTERFERED WITH YOUR RIGHT TO REGISTER OR TO DECLINE TO
25 REGISTER TO VOTE, YOUR RIGHT TO PRIVACY IN DECIDING WHETHER
26 TO REGISTER OR IN APPLYING TO REGISTER TO VOTE OR YOUR RIGHT
27 TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLITICAL
28 PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE SECRETARY OF
29 THE COMMONWEALTH, PENNSYLVANIA DEPARTMENT OF STATE,
30 HARRISBURG, PA 17120." THE SECRETARY SHALL ESTABLISH AND
20010S0607B1628 - 43 -
1 PUBLISH A TOLL-FREE TELEPHONE NUMBER FOR THE PURPOSE OF
2 RECEIVING COMPLAINTS.
3 (C) EFFECT.--FAILURE TO CHECK EITHER BOX UNDER SUBSECTION
4 (B)(3) SHALL BE CONSIDERED A DECLINATION TO REGISTER TO VOTE.
5 (D) STAFF.--AGENCY EMPLOYEES ASSISTING IN THE COMPLETION OF
6 VOTER REGISTRATION APPLICATIONS SHALL CONDUCT THEMSELVES IN A
7 MANNER CONSISTENT WITH THE FOLLOWING PRINCIPLES:
8 (1) THEY SHALL NOT SEEK TO INFLUENCE AN APPLICANT'S
9 POLITICAL PREFERENCE OR PARTY REGISTRATION OR DISPLAY
10 POLITICAL PREFERENCE OR PARTY ALLEGIANCE.
11 (2) THEY SHALL NOT MAKE ANY STATEMENT TO AN APPLICANT OR
12 TAKE ANY ACTION THE PURPOSE OF OR EFFECT OF WHICH IS TO
13 DISCOURAGE THE APPLICANT FROM REGISTERING TO VOTE.
14 (3) THEY SHALL NOT MAKE ANY STATEMENT TO AN APPLICANT OR
15 TAKE ANY ACTION THE PURPOSE OF OR EFFECT OF WHICH IS TO LEAD
16 THE APPLICANT TO BELIEVE THAT A DECISION TO REGISTER OR NOT
17 TO REGISTER HAS ANY BEARING ON THE AVAILABILITY OF SERVICES
18 OR BENEFITS.
19 AGENCY EMPLOYEES WHO VIOLATE THIS SUBSECTION SHALL BE REMOVED
20 FROM EMPLOYMENT, PROVIDED THAT THE AGENCY AT ITS DISCRETION MAY
21 IMPOSE A PENALTY OF SUSPENSION WITHOUT PAY FOR AT LEAST 30 DAYS,
22 BUT NOT MORE THAN 120 DAYS, IF IT FINDS THAT THE VIOLATION DOES
23 NOT WARRANT TERMINATION.
24 (E) ENCOURAGING REGISTRATION.--AN AGENCY DESIGNATED IN
25 SUBSECTION (A) SHALL PROVIDE REASONABLE SPACE FOR NONPARTISAN
26 SIGNS OR POSTERS ENCOURAGING VOTER REGISTRATION. THE SIGNS AND
27 POSTERS SHALL BE PROVIDED BY THE SECRETARY.
28 (F) TRANSMISSION.--AN AGENCY DESIGNATED IN SUBSECTION (A)
29 SHALL FORWARD ALL COMPLETED APPLICATIONS TO THE APPROPRIATE
30 COMMISSION WITHIN TEN DAYS AFTER THE DATE OF RECEIPT. IF A VOTER
20010S0607B1628 - 44 -
1 REGISTRATION APPLICATION IS RECEIVED WITHIN FIVE DAYS BEFORE THE
2 LAST DAY TO REGISTER BEFORE AN ELECTION, THE APPLICATION SHALL
3 BE TRANSMITTED TO THE APPROPRIATE COMMISSION NOT LATER THAN FIVE
4 DAYS AFTER THE DATE OF ITS RECEIPT BY THE AGENCY.
5 (G) CONFIDENTIALITY.--THE IDENTITY OF THE VOTER REGISTRATION
6 AGENCY THROUGH WHICH ANY PARTICULAR VOTER IS REGISTERED IN
7 ACCORDANCE WITH THIS SECTION SHALL NOT BE DISCLOSED TO THE
8 PUBLIC.
9 (H) USE OF INFORMATION.--NO INFORMATION RELATING TO A
10 DECLINATION TO REGISTER TO VOTE IN CONNECTION WITH AN
11 APPLICATION MADE AT AN OFFICE DESCRIBED IN THIS SECTION MAY BE
12 USED FOR ANY PURPOSE OTHER THAN VOTER REGISTRATION.
13 (I) ASSISTANCE.--EACH AGENCY SHALL PROVIDE TO EACH APPLICANT
14 WHO CHOOSES TO REGISTER TO VOTE THE SAME DEGREE OF ASSISTANCE
15 WITH REGARD TO THE COMPLETION OF THE REGISTRATION APPLICATION
16 FORM AS IS PROVIDED BY THE OFFICE WITH REGARD TO THE COMPLETION
17 OF ITS OWN FORMS, UNLESS THE APPLICANT REFUSES SUCH ASSISTANCE.
18 (J) REGULATION.--THE SECRETARY SHALL PROMULGATE REGULATIONS
19 REGARDING THE MAINTENANCE AND DESTRUCTION OF FORMS USED PURSUANT
20 TO THIS SECTION.
21 § 1326. TIME.
22 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B),
23 EACH COMMISSION, COMMISSIONERS AND REGISTRARS OR CLERKS
24 APPOINTED BY THE COMMISSION SHALL RECEIVE, DURING ORDINARY
25 BUSINESS HOURS AND DURING ADDITIONAL HOURS AS THE COMMISSION
26 PRESCRIBES, AT THE OFFICE OF THE COMMISSION AND AT ADDITIONAL
27 PLACES AS THE COMMISSION DESIGNATES, APPLICATIONS FROM
28 INDIVIDUALS WHO APPEAR AND CLAIM THAT THEY ARE ENTITLED TO BE
29 REGISTERED AS ELECTORS OF A MUNICIPALITY.
30 (B) DEADLINES.--IN THE ADMINISTRATION OF VOTER REGISTRATION,
20010S0607B1628 - 45 -
1 EACH COMMISSION SHALL ENSURE THAT ANY APPLICANT WHO IS A
2 QUALIFIED ELECTOR IS REGISTERED TO VOTE IN AN ELECTION WHEN THE
3 APPLICANT HAS MET ANY OF THE FOLLOWING CONDITIONS:
4 (1) IN THE CASE OF VOTER REGISTRATION WITH A MOTOR
5 VEHICLE DRIVER'S LICENSE APPLICATION UNDER SECTION 1323
6 (RELATING TO APPLICATION WITH DRIVER'S LICENSE APPLICATION),
7 IF THE VALID VOTER REGISTRATION APPLICATION IS SUBMITTED TO
8 THE APPROPRIATE DEPARTMENT OF TRANSPORTATION OFFICE NOT LATER
9 THAN 30 DAYS BEFORE THE DATE OF THE ELECTION.
10 (2) IN THE CASE OF REGISTRATION BY MAIL UNDER SECTION
11 1324 (RELATING TO APPLICATION BY MAIL), IF THE VALID VOTER
12 REGISTRATION MAIL APPLICATION IS POSTMARKED NOT LATER THAN
13 THE DEADLINE TO REGISTER FOR THE ENSUING ELECTION OR, IN THE
14 CASE OF AN ILLEGIBLE OR MISSING POSTMARK, IT IS RECEIVED NOT
15 LATER THAN FIVE DAYS AFTER THE DEADLINE TO REGISTER FOR THE
16 ENSUING ELECTION.
17 (3) IN THE CASE OF VOTER REGISTRATION AT A VOTER
18 REGISTRATION AGENCY UNDER SECTION 1325 (RELATING TO
19 GOVERNMENT AGENCIES), IF THE VALID VOTER REGISTRATION
20 APPLICATION IS ACCEPTED AT THE VOTER REGISTRATION AGENCY NOT
21 LATER THAN 30 DAYS BEFORE THE DATE OF THE ELECTION.
22 (4) IN ANY OTHER CASE, IF THE VALID VOTER REGISTRATION
23 APPLICATION OF THE APPLICANT IS RECEIVED BY THE APPROPRIATE
24 COMMISSION NOT LATER THAN 30 DAYS BEFORE THE ELECTION.
25 (C) SPECIAL RULES.--
26 (1) IN THE CASE OF A SPECIAL ELECTION WITHIN A
27 CONGRESSIONAL, SENATORIAL OR REPRESENTATIVE DISTRICT HELD ON
28 A DAY OTHER THAN THE DAY OF A PRIMARY, GENERAL OR MUNICIPAL
29 ELECTION, THE REGISTRATION APPLICATION FORMS SHALL NOT BE
30 PROCESSED IN THE WARDS AND ELECTION DISTRICTS COMPRISING THE
20010S0607B1628 - 46 -
1 DISTRICT FOR THE 30 DAYS PRIOR TO THE SPECIAL ELECTION FOR
2 SUCH ELECTION.
3 (2) NO APPLICATIONS SHALL BE RECEIVED AS FOLLOWS:
4 (I) ON SUNDAYS.
5 (II) ON HOLIDAYS.
6 (III) ON THE DAY OF THE ELECTION.
7 (IV) DURING THE 30 DAYS NEXT PRECEDING EACH
8 GENERAL, MUNICIPAL AND PRIMARY ELECTION, EXCEPT AS
9 PROVIDED IN SUBSECTION (B).
10 § 1327. PREPARATION AND DISTRIBUTION OF APPLICATIONS.
11 (A) FORM.--
12 (1) THE SECRETARY SHALL PRESCRIBE THE FORM OF AN
13 OFFICIAL VOTER REGISTRATION APPLICATION. THE OFFICIAL VOTER
14 REGISTRATION APPLICATION SHALL PROVIDE SPACE FOR THE
15 FOLLOWING INFORMATION ABOUT THE APPLICANT:
16 (I) FULL NAME.
17 (II) ADDRESS OF RESIDENCE. IF THE RESIDENCE IS A
18 PORTION ONLY OF THE HOUSE, THE LOCATION OR NUMBER OF THE
19 ROOM, APARTMENT OR FLOOR WHICH IS OCCUPIED.
20 (III) MAILING ADDRESS IF DIFFERENT THAN ADDRESS OF
21 RESIDENCE.
22 (IV) NAME AND RESIDENCE ADDRESS ON PREVIOUS
23 REGISTRATION AND THE YEAR OF THAT REGISTRATION.
24 (V) DESIGNATION OF POLITICAL PARTY, FOR THE PURPOSE
25 OF VOTING AT A PRIMARY ELECTION.
26 (VI) DATE OF BIRTH.
27 (VII) TELEPHONE NUMBER. AN APPLICATION SHALL NOT BE
28 REJECTED BECAUSE OF NONCOMPLIANCE WITH THIS SUBPARAGRAPH.
29 (VIII) RACE. AN APPLICATION SHALL NOT BE REJECTED
30 BECAUSE OF NONCOMPLIANCE WITH THIS SUBPARAGRAPH.
20010S0607B1628 - 47 -
1 (2) DATA REQUIRED ON THE VOTER REGISTRATION APPLICATION
2 SHALL NOT BE MORE NOR LESS THAN THE MINIMUM DATA ELEMENTS
3 PERMISSIBLE FOR FEDERAL VOTER REGISTRATION.
4 (3) ANY PERSON WHO ASSISTS IN THE COMPLETION OF THE
5 REGISTRATION APPLICATION SHALL SIGN THE APPLICATION AND
6 INDICATE THE PERSON'S ADDRESS. IN THE CASE OF THOSE
7 REGISTERING UNDER SECTIONS 1323 (RELATING TO APPLICATION WITH
8 DRIVER'S LICENSE APPLICATION) AND 1325 (RELATING TO
9 GOVERNMENT AGENCIES), THE PERSON PROVIDING ASSISTANCE SHALL
10 INSERT THE PERSON'S INITIALS OR EMPLOYEE OR AGENT
11 IDENTIFICATION NUMBER ON A SEPARATE OR DETACHABLE PORTION OF
12 THE APPLICATION OR COMPUTER DATA FILE.
13 (4) A VOTER REGISTRATION APPLICATION SHALL BE PRINTED ON
14 STOCK OF GOOD QUALITY AND SHALL BE OF SUITABLE UNIFORM SIZE.
15 NOTHING IN THIS PART SHALL PROHIBIT THE DESIGN AND USE OF AN
16 ELECTRONIC VOTER REGISTRATION APPLICATION WHICH INCLUDES THE
17 APPLICANT'S DIGITIZED OR ELECTRONIC SIGNATURE. THE
18 REGISTRATION APPLICATION SHALL CONTAIN THE FOLLOWING
19 INFORMATION; HOWEVER, THE INFORMATION MAY BE PROVIDED ON A
20 SEPARATE FORM FOR VOTER REGISTRATION MADE UNDER SECTION 1323
21 OR 1325:
22 (I) NOTICE THAT A REGISTERED ELECTOR DOES NOT NEED
23 TO REREGISTER UNLESS THE REGISTERED ELECTOR HAS MOVED.
24 (II) INSTRUCTIONS ON HOW TO FILL OUT AND SUBMIT THE
25 APPLICATION AND NOTIFICATION OF WHEN THE APPLICATION MUST
26 BE SUBMITTED TO A VOTER REGISTRATION OFFICE IN ORDER TO
27 BE REGISTERED FOR THE ENSUING ELECTION.
28 (III) NOTICE THAT THE APPLICANT MUST BE A CITIZEN OF
29 THE UNITED STATES FOR AT LEAST ONE MONTH PRIOR TO THE
30 NEXT ELECTION AND A RESIDENT OF THIS COMMONWEALTH AND THE
20010S0607B1628 - 48 -
1 ELECTION DISTRICT FOR AT LEAST 30 DAYS AND MUST BE AT
2 LEAST 18 YEARS OF AGE BY THE DAY OF THE NEXT ENSUING
3 ELECTION AND HAS NOT BEEN CONFINED IN A PENAL INSTITUTION
4 FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE YEARS.
5 THE NOTICE REQUIRED IN THIS SUBPARAGRAPH SHALL BE IN
6 PRINT IDENTICAL TO THE DECLARATION UNDER SUBSECTION (B).
7 (IV) NOTICE THAT POLITICAL PARTY ENROLLMENT IS
8 MANDATORY TO VOTE IN A PRIMARY ELECTION OF A POLITICAL
9 PARTY.
10 (V) NOTICE THAT THE COMMISSION WILL MAIL BY
11 NONFORWARDABLE MAIL TO THE APPLICANT A VOTER'S
12 IDENTIFICATION CARD UPON ACCEPTANCE OF THE APPLICATION
13 AND THAT THE APPLICANT SHOULD CONTACT THE COMMISSION IF
14 THE IDENTIFICATION CARD IS NOT RECEIVED WITHIN 14 DAYS
15 FROM THE DATE THE APPLICATION IS SENT TO THE REGISTRATION
16 OFFICE.
17 (VI) NOTICE THAT REGISTRATION IS NOT COMPLETE UNTIL
18 THE APPLICATION IS PROCESSED AND ACCEPTED BY THE
19 COMMISSION.
20 (VII) A WARNING TO THE APPLICANT THAT MAKING A FALSE
21 REGISTRATION OR FURNISHING FALSE INFORMATION IS PERJURY.
22 THE NOTICE REQUIRED IN THIS SUBPARAGRAPH SHALL BE IN
23 PRINT IDENTICAL TO THE DECLARATION UNDER SUBSECTION (B).
24 (VIII) INSTRUCTIONS TO FEDERAL OR STATE EMPLOYEES
25 WHO WISH TO RETAIN VOTING RESIDENCE IN COUNTY OF LAST
26 RESIDENCE TO SO INDICATE ON THE APPLICATION.
27 (IX) NOTICE THAT, IF AN INDIVIDUAL DECLINES TO
28 REGISTER TO VOTE, THE FACT THAT THE INDIVIDUAL HAS
29 DECLINED TO REGISTER WILL REMAIN CONFIDENTIAL AND WILL BE
30 USED ONLY FOR VOTER REGISTRATION PURPOSES. THE NOTICE
20010S0607B1628 - 49 -
1 REQUIRED IN THIS SUBPARAGRAPH SHALL BE IN PRINT IDENTICAL
2 TO THE DECLARATION UNDER SUBSECTION (B).
3 (X) NOTICE THAT, IF AN INDIVIDUAL DOES REGISTER TO
4 VOTE, THE OFFICE AT WHICH THE INDIVIDUAL SUBMITS A VOTER
5 REGISTRATION APPLICATION WILL REMAIN CONFIDENTIAL AND
6 WILL BE USED FOR VOTER REGISTRATION PURPOSES ONLY. THE
7 NOTICES REQUIRED IN THIS SUBPARAGRAPH SHALL BE IN PRINT
8 IDENTICAL TO THE DECLARATION IN SUBSECTION (B).
9 (5) IN JURISDICTIONS WHERE THERE IS A SINGLE LANGUAGE
10 MINORITY, THE SECRETARY MAY PRINT A BILINGUAL APPLICATION.
11 (6) IN JURISDICTIONS WHERE A SINGLE LANGUAGE MINORITY
12 EXCEEDS 5% OF THE POPULATION, THE SECRETARY SHALL:
13 (I) PRINT A BILINGUAL APPLICATION; AND
14 (II) CONDUCT A PUBLIC EDUCATIONAL PROGRAM AMONG THAT
15 LANGUAGE GROUP ALERTING BOTH ORGANIZATIONS AND
16 INDIVIDUALS OF THAT GROUP OF THE AVAILABILITY OF THE
17 BILINGUAL APPLICATION AND ENCOURAGING INDIVIDUALS TO
18 REGISTER.
19 (7) TO IMPLEMENT SECTION 1324 (RELATING TO APPLICATION
20 BY MAIL), THE SECRETARY SHALL PRINT AN OFFICIAL VOTER
21 REGISTRATION MAIL APPLICATION DESIGNED TO PRESERVE THE
22 CONFIDENTIALITY OF THE INFORMATION REQUIRED TO BE SUBMITTED.
23 THE APPLICATION SHALL CONTAIN INFORMATION REQUIRED BY THIS
24 SECTION AND SHALL INCLUDE THE NAME OF EACH COUNTY SEAT, ITS
25 POST OFFICE MAILING ADDRESS AND ZIP CODE AND ITS TELEPHONE
26 NUMBER. VOTER REGISTRATION MAIL APPLICATIONS SHALL CONTAIN
27 INFORMATION INDICATING WHETHER THE APPLICATION IS A NEW
28 REGISTRATION, CHANGE OF PARTY ENROLLMENT, CHANGE OF ADDRESS
29 OR CHANGE OF NAME.
30 (8) NOTHING IN THIS PART SHALL PROHIBIT A PRIVATE
20010S0607B1628 - 50 -
1 ORGANIZATION OR INDIVIDUAL FROM PRINTING BLANK VOTER
2 REGISTRATION APPLICATIONS OR SHALL PROHIBIT THE USE OF SUCH
3 APPLICATIONS BY ANY OTHER INDIVIDUAL, PROVIDED THAT THE FORM,
4 CONTENT AND PAPER QUALITY OF SUCH VOTER REGISTRATION
5 APPLICATION COMPLIES WITH DEPARTMENT REGULATIONS FOR THE
6 FORMS OR HAS RECEIVED PRIOR APPROVAL FROM THE SECRETARY.
7 (B) REGISTRATION DECLARATION.--
8 (1) THE OFFICIAL VOTER REGISTRATION APPLICATION SHALL
9 CONTAIN A REGISTRATION DECLARATION. ON THE DECLARATION, THE
10 APPLICANT SHALL STATE ALL OF THE FOLLOWING:
11 (I) THE APPLICANT HAS BEEN A CITIZEN OF THE UNITED
12 STATES FOR AT LEAST ONE MONTH PRIOR TO THE NEXT ELECTION.
13 (II) ON THE DAY OF THE NEXT ENSUING ELECTION, THE
14 APPLICANT SHALL BE AT LEAST 18 YEARS OF AGE.
15 (III) ON THE DAY OF THE NEXT ENSUING ELECTION, THE
16 APPLICANT SHALL HAVE RESIDED IN THIS COMMONWEALTH AND IN
17 THE ELECTION DISTRICT FOR AT LEAST 30 DAYS.
18 (IV) THE APPLICANT HAS NOT BEEN CONFINED IN A PENAL
19 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST
20 FIVE YEARS.
21 (V) THE APPLICANT IS LEGALLY QUALIFIED TO VOTE.
22 (2) THE APPLICANT SHALL AFFIRM ALL OF THE FOLLOWING:
23 (I) THE INFORMATION PROVIDED IN THE REGISTRATION
24 DECLARATION IS TRUE.
25 (II) THE APPLICANT UNDERSTANDS THAT:
26 (A) THE REGISTRATION DECLARATION WILL BE
27 ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
28 AFFIDAVIT; AND
29 (B) IF THE REGISTRATION CONTAINS A MATERIAL
30 FALSE STATEMENT, THE APPLICANT SHALL BE SUBJECT TO
20010S0607B1628 - 51 -
1 PENALTIES FOR PERJURY.
2 (3) THE REGISTRATION DECLARATION SHALL CONTAIN THE
3 PRINTED NAME AND SIGNATURE OF THE APPLICANT AND THE DATE OF
4 SIGNING. AN APPLICANT UNABLE TO SIGN THE VOTER REGISTRATION
5 APPLICATION SHALL MAKE A MARK BEFORE A PERSON OF THE
6 APPLICANT'S CHOICE OTHER THAN THE APPLICANT'S EMPLOYER OR AN
7 AGENT OF THE APPLICANT'S UNION. THE PERSON SHALL INSERT THE
8 PERSON'S NAME, ADDRESS AND TELEPHONE NUMBER. IF THE PERSON IS
9 AN EMPLOYEE OR AGENT OF THE DEPARTMENT OF TRANSPORTATION OR
10 ANOTHER AGENCY, AS PROVIDED UNDER SECTION 1325, AND IS
11 ASSISTING THE APPLICANT IN AN OFFICIAL CAPACITY, THE EMPLOYEE
12 OR AGENT SHALL INSERT THE INITIALS AND IDENTIFICATION NUMBER
13 OF THE EMPLOYEE OR AGENT. IN THE CASE OF APPLICANTS
14 REGISTERING UNDER SECTION 1323 OR 1325, THE PERSON PROVIDING
15 ASSISTANCE SHALL INSERT INITIALS OR EMPLOYEE OR AGENT
16 IDENTIFICATION NUMBER ON A SEPARATE OR DETACHABLE PORTION OF
17 THE APPLICATION OR COMPUTER DATA FILE.
18 (4) THE OFFICIAL REGISTRATION APPLICATION SHALL CONTAIN
19 A NOTICE ENTITLED "PENALTY FOR FALSIFYING DECLARATION." THE
20 NOTICE SHALL ADVISE THE APPLICANT THAT, IF A PERSON SIGNS AN
21 OFFICIAL REGISTRATION APPLICATION KNOWING A STATEMENT
22 DECLARED IN THE APPLICATION TO BE FALSE, THE PERSON COMMITS
23 PERJURY. THE NOTICE SHALL SPECIFY THE PENALTY FOR PERJURY.
24 (C) DISTRIBUTION.--
25 (1) THE SECRETARY SHALL SUPPLY OFFICIAL REGISTRATION
26 APPLICATIONS TO COMMISSIONS.
27 (2) THE SECRETARY SHALL MAKE AVAILABLE FOR DISTRIBUTION
28 OFFICIAL VOTER REGISTRATION APPLICATIONS TO PUBLIC LIBRARIES,
29 PUBLIC SCHOOLS, STATE-RELATED INSTITUTIONS OF HIGHER
30 EDUCATION, OFFICES OPERATED BY THE DEPARTMENT OF REVENUE,
20010S0607B1628 - 52 -
1 OFFICES OPERATED BY THE DEPARTMENT OF AGING, AREA AGENCIES ON
2 AGING, OFFICES OPERATED BY THE PENNSYLVANIA GAME COMMISSION
3 OR ANY OF ITS AUTHORIZED LICENSE-ISSUING AGENTS, OFFICES
4 OPERATED BY THE PENNSYLVANIA FISH AND BOAT COMMISSION OR ANY
5 OF ITS ISSUING AGENTS, AND OFFICES THAT PROVIDE UNEMPLOYMENT
6 COMPENSATION.
7 (3) EACH PARTICIPATING AGENCY IDENTIFIED UNDER PARAGRAPH
8 (2) SHALL:
9 (I) PROVIDE THAT OFFICIAL VOTER REGISTRATION MAIL
10 APPLICATIONS ARE AVAILABLE ON THE PREMISES AND DISPLAYED
11 PROMINENTLY IN A CONSPICUOUS LOCATION DURING NORMAL
12 BUSINESS HOURS.
13 (II) PROVIDE AN OFFICIAL VOTER REGISTRATION MAIL
14 APPLICATION TO ANY INDIVIDUAL REQUESTING ONE.
15 (III) PROVIDE REASONABLE SPACE FOR NONPARTISAN SIGNS
16 OR POSTERS INDICATING THE AVAILABILITY OF OFFICIAL VOTER
17 REGISTRATION MAIL APPLICATIONS ON THE PREMISES.
18 (4) THE SECRETARY MAY PROVIDE TECHNICAL ASSISTANCE TO
19 COMMISSIONS UPON REQUEST AND AGENCIES DESIGNATED UNDER
20 PARAGRAPH (2).
21 (5) THE SECRETARY SHALL PRINT AND DISTRIBUTE MAIL
22 REGISTRATION APPLICATIONS WHICH ARE NOT POSTAGE PAID AND
23 WHICH SHALL NOT BE SPECIFIC TO ANY COUNTY REGISTRATION
24 OFFICE. ALONG WITH THE DISTRIBUTION OF SUCH APPLICATIONS, THE
25 SECRETARY SHALL ALSO INCLUDE INSTRUCTIONS TO INFORM THE
26 APPLICANT WHERE THE APPLICATION IS TO BE SENT.
27 (6) THE SECRETARY AND COMMISSIONS SHALL SUPPLY
28 APPLICATIONS TO ALL OF THE FOLLOWING:
29 (I) PERSONS AND ORGANIZATIONS WHO REQUEST
30 APPLICATIONS.
20010S0607B1628 - 53 -
1 (II) FEDERAL, STATE AND POLITICAL SUBDIVISION
2 OFFICES.
3 (III) POLITICAL PARTIES AND POLITICAL BODIES.
4 (IV) CANDIDATES.
5 (D) STAFF.--AGENCY EMPLOYEES ASSISTING IN THE DISTRIBUTION
6 OF VOTER REGISTRATION APPLICATIONS UNDER SUBSECTION (C) SHALL
7 CONDUCT THEMSELVES IN A MANNER CONSISTENT WITH THE FOLLOWING
8 PRINCIPLES:
9 (1) THEY SHALL NOT SEEK TO INFLUENCE AN APPLICANT'S
10 POLITICAL PREFERENCE OR PARTY REGISTRATION OR DISPLAY
11 POLITICAL PREFERENCE OR PARTY ALLEGIANCE.
12 (2) THEY SHALL NOT MAKE ANY STATEMENT TO AN APPLICANT OR
13 TAKE ANY ACTION THE PURPOSE OF OR EFFECT OF WHICH IS TO
14 DISCOURAGE THE APPLICANT FROM REGISTERING TO VOTE.
15 (3) THEY SHALL NOT MAKE ANY STATEMENT TO AN APPLICANT OR
16 TAKE ANY ACTION THE PURPOSE OF OR EFFECT OF WHICH IS TO LEAD
17 THE APPLICANT TO BELIEVE THAT A DECISION TO REGISTER OR NOT
18 TO REGISTER HAS ANY BEARING ON THE AVAILABILITY OF SERVICES
19 OR BENEFITS.
20 AGENCY EMPLOYEES WHO VIOLATE THIS SUBSECTION SHALL BE REMOVED
21 FROM EMPLOYMENT, PROVIDED THAT THE AGENCY AT ITS DISCRETION MAY
22 IMPOSE A PENALTY OF SUSPENSION WITHOUT PAY FOR AT LEAST 30 DAYS,
23 BUT NOT MORE THAN 120 DAYS, IF IT FINDS THAT THE VIOLATION DOES
24 NOT WARRANT TERMINATION.
25 § 1328. APPROVAL OF REGISTRATION APPLICATIONS.
26 (A) EXAMINATION.--UPON RECEIVING A VOTER REGISTRATION
27 APPLICATION, A COMMISSIONER, CLERK OR REGISTRAR OF A COMMISSION
28 SHALL DO ALL OF THE FOLLOWING:
29 (1) INITIAL AND DATE THE RECEIPT OF THE APPLICATION.
30 (2) EXAMINE THE APPLICATION TO DETERMINE ALL OF THE
20010S0607B1628 - 54 -
1 FOLLOWING:
2 (I) WHETHER THE APPLICATION IS COMPLETE.
3 (II) WHETHER THE APPLICANT IS A QUALIFIED ELECTOR.
4 (III) WHETHER THE APPLICANT HAS AN EXISTING
5 REGISTRATION RECORD. AFTER THE COMMISSION IS CONNECTED TO
6 THE SURE SYSTEM, THE COMMISSIONER, CLERK OR REGISTRAR
7 SHALL SEARCH THE SURE SYSTEM ON A STATEWIDE BASIS TO
8 DETERMINE IF THE APPLICANT HAS AN EXISTING REGISTRATION
9 RECORD.
10 (IV) WHETHER THE APPLICANT IS ENTITLED OR QUALIFIED
11 TO RECEIVE THE REQUESTED TRANSFER OR CHANGE, IF
12 APPLICABLE.
13 (B) DECISION.--A COMMISSION SHALL DO ONE OF THE FOLLOWING:
14 (1) FORWARD APPLICATION.--RECORD AND FORWARD A VOTER
15 REGISTRATION APPLICATION TO THE PROPER COMMISSION IF THE
16 COMMISSION FINDS DURING ITS EXAMINATION UNDER SUBSECTION (A)
17 THAT THE APPLICANT DOES NOT RESIDE WITHIN THE COMMISSION'S
18 COUNTY BUT RESIDES ELSEWHERE IN THIS COMMONWEALTH.
19 (2) REJECT APPLICATION.--REJECT A VOTER REGISTRATION
20 APPLICATION, INDICATE THE REJECTION AND THE REASONS FOR THE
21 REJECTION ON THE APPLICATION AND NOTIFY THE APPLICANT BY
22 FIRST CLASS NONFORWARDABLE MAIL, RETURN POSTAGE GUARANTEED OF
23 THE REJECTION AND THE REASON IF THE COMMISSION FINDS DURING
24 ITS EXAMINATION UNDER SUBSECTION (A) ANY OF THE FOLLOWING:
25 (I) THE APPLICATION WAS NOT PROPERLY COMPLETED AND
26 AFTER REASONABLE EFFORTS BY THE COMMISSION TO ASCERTAIN
27 THE NECESSARY INFORMATION, THE APPLICATION REMAINS
28 INCOMPLETE OR INCONSISTENT.
29 (II) THE APPLICANT IS NOT A QUALIFIED ELECTOR.
30 (III) THE APPLICANT IS NOT ENTITLED TO A TRANSFER OF
20010S0607B1628 - 55 -
1 REGISTRATION OR A CHANGE OF ADDRESS.
2 (IV) THE APPLICANT IS NOT LEGALLY QUALIFIED FOR A
3 CHANGE OF NAME.
4 A REJECTION SHALL BE MADE NO LATER THAN TEN DAYS BEFORE THE
5 ELECTION SUCCEEDING THE FILING OF THE APPLICATION.
6 (3) NEW APPLICANT REGISTRATION.--PROCESS A VOTER
7 REGISTRATION APPLICATION IN ACCORDANCE WITH SUBSECTION (C) IF
8 THE COMMISSION FINDS DURING ITS EXAMINATION UNDER SUBSECTION
9 (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) UPDATE EXISTING REGISTRATION.--PROCESS A VOTER
15 REGISTRATION APPLICATION IN ACCORDANCE WITH SUBSECTION (C)
16 AND UPDATE ITS REGISTRATION RECORDS IF THE COMMISSION FINDS
17 DURING ITS EXAMINATION UNDER SUBSECTION (A) ALL OF THE
18 FOLLOWING:
19 (I) THE APPLICATION REQUESTS REGISTRATION.
20 (II) THE APPLICATION CONTAINS THE REQUIRED
21 INFORMATION INDICATING THAT THE APPLICANT IS A QUALIFIED
22 ELECTOR OF THE COUNTY.
23 (III) THE APPLICANT IS CURRENTLY A REGISTERED
24 ELECTOR OF THE COUNTY.
25 (5) TRANSFER EXISTING REGISTRATION.--PROCESS A VOTER
26 REGISTRATION APPLICATION IN ACCORDANCE WITH SUBSECTION (C)
27 AND REQUEST TRANSFER OF REGISTRATION RECORDS IN ACCORDANCE
28 WITH SUBSECTION (D) IF THE COMMISSION FINDS DURING ITS
29 EXAMINATION UNDER SUBSECTION (A) ALL OF THE FOLLOWING:
30 (I) THE APPLICATION REQUESTS REGISTRATION.
20010S0607B1628 - 56 -
1 (II) THE APPLICATION CONTAINS THE REQUIRED
2 INFORMATION INDICATING THAT THE APPLICANT IS A QUALIFIED
3 ELECTOR OF THE COUNTY.
4 (III) THE APPLICANT IS CURRENTLY A REGISTERED
5 ELECTOR OF ANOTHER COUNTY.
6 (6) TRANSFER REQUEST.--PROCESS A VOTER REGISTRATION
7 APPLICATION IN ACCORDANCE WITH SUBSECTION (C) AND REQUEST
8 TRANSFER OF REGISTRATION RECORDS IN ACCORDANCE WITH
9 SUBSECTION (D) IF THE COMMISSION FINDS DURING ITS EXAMINATION
10 UNDER SUBSECTION (A) ALL OF THE FOLLOWING:
11 (I) THE APPLICATION REQUESTS A TRANSFER OF
12 REGISTRATION.
13 (II) THE APPLICATION CONTAINS THE REQUIRED
14 INFORMATION INDICATING THAT THE APPLICANT IS A QUALIFIED
15 ELECTOR OF THE COUNTY.
16 (III) THE APPLICANT IS CURRENTLY A REGISTERED
17 ELECTOR OF ANOTHER COUNTY.
18 (7) CHANGE OF ADDRESS REQUEST.--PROCESS A VOTER
19 REGISTRATION APPLICATION IN ACCORDANCE WITH SUBSECTION (C)
20 AND UPDATE ITS REGISTRATION IF THE COMMISSION FINDS DURING
21 ITS EXAMINATION UNDER SUBSECTION (A) ALL OF THE FOLLOWING:
22 (I) THE APPLICATION REQUESTS A CHANGE OF ADDRESS.
23 (II) THE APPLICATION CONTAINS THE REQUIRED
24 INFORMATION INDICATING THAT THE APPLICANT IS A QUALIFIED
25 ELECTOR OF THE COUNTY.
26 (III) THE APPLICANT IS CURRENTLY A REGISTERED
27 ELECTOR OF THE COUNTY.
28 (8) CHANGE OF NAME REQUEST.--PROCESS A VOTER
29 REGISTRATION APPLICATION IN ACCORDANCE WITH SUBSECTION (C)
30 AND UPDATE ITS REGISTRATION RECORDS IF THE COMMISSION FINDS
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1 DURING ITS EXAMINATION UNDER SUBSECTION (A) ALL OF THE
2 FOLLOWING:
3 (I) THE APPLICATION REQUESTS A CHANGE OF NAME.
4 (II) THE APPLICANT IS LEGALLY QUALIFIED TO A CHANGE
5 OF NAME.
6 (III) THE APPLICATION CONTAINS THE REQUIRED
7 INFORMATION INDICATING THAT THE APPLICANT IS A QUALIFIED
8 ELECTOR OF THE COUNTY.
9 (IV) THE APPLICANT IS CURRENTLY A REGISTERED ELECTOR
10 OF THE COUNTY.
11 (C) PROCESSING OF VOTER REGISTRATION.--
12 (1) WHEN A COMMISSION HAS ACCEPTED A VOTER REGISTRATION
13 APPLICATION UNDER SUBSECTION (B)(3), THE COMMISSION SHALL
14 ASSIGN EACH APPLICANT A UNIQUE IDENTIFICATION NUMBER IN THE
15 SURE SYSTEM. THE COMMISSION SHALL MAIL A WALLET-SIZED VOTER'S
16 IDENTIFICATION CARD TO THE INDIVIDUAL BY FIRST CLASS
17 NONFORWARDABLE MAIL, RETURN POSTAGE GUARANTEED, WHICH SHALL
18 SERVE AS NOTICE OF THE ACCEPTANCE OF THE APPLICATION. THE
19 CARD SHALL 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 DAYS FROM THE DATE IT WAS
2 MAILED IF ANY INFORMATION ON THE CARD IS INCORRECT;
3 OTHERWISE THE INFORMATION SHALL BE DEEMED CORRECT FOR
4 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:
12 (I) NAME AND ADDRESS OF THE INDIVIDUAL.
13 (II) NAME OF MUNICIPALITY OF RESIDENCE.
14 (III) IDENTIFICATION OF THE INDIVIDUAL'S WARD AND
15 DISTRICT.
16 (IV) THE EFFECTIVE DATE OF REGISTRATION.
17 (V) DESIGNATION OF PARTY ENROLLMENT AND DATE OF
18 ENROLLMENT.
19 (VI) A SPACE FOR THE INDIVIDUAL'S SIGNATURE OR MARK.
20 (VII) THE SURE REGISTRATION NUMBER OF THE
21 INDIVIDUAL.
22 (VIII) A STATEMENT THAT THE INDIVIDUAL MUST NOTIFY
23 THE COMMISSION WITHIN TEN DAYS FROM THE DATE IT WAS
24 MAILED IF ANY INFORMATION ON THE CARD IS INCORRECT;
25 OTHERWISE THE INFORMATION SHALL BE DEEMED CORRECT FOR
26 VOTER REGISTRATION PURPOSES.
27 (3) AN ENVELOPE CONTAINING A VOTER IDENTIFICATION CARD
28 SHALL BE MARKED ON THE OUTSIDE WITH A REQUEST TO THE
29 POSTMASTER TO RETURN IT WITHIN FIVE DAYS IF IT CANNOT BE
30 DELIVERED TO THE ADDRESSEE AT THE ADDRESS GIVEN.
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1 (4) (I) IF AN ENVELOPE CONTAINING A VOTER
2 IDENTIFICATION CARD HAS BEEN MAILED IN ACCORDANCE WITH
3 PARAGRAPHS (1) AND (3) AND HAS NOT BEEN RETURNED TO THE
4 COMMISSION BY THE POSTMASTER WITHIN TEN DAYS FROM THE
5 DATE IT WAS MAILED, THE INDIVIDUAL SHALL BE DEEMED A
6 REGISTERED ELECTOR OF THE COUNTY AND THE COMMISSION SHALL
7 ENTER THE INDIVIDUAL'S REGISTRATION INFORMATION IN THE
8 GENERAL REGISTER. THE UNIQUE IDENTIFICATION NUMBER SHALL
9 BE ENTERED AS THE REGISTERED ELECTOR'S SURE REGISTRATION
10 NUMBER. NO PERSON SHALL BE DEEMED A REGISTERED ELECTOR OF
11 THE COUNTY UNTIL TEN DAYS AFTER THE VOTER IDENTIFICATION
12 CARD HAS BEEN MAILED.
13 (II) IF AN ENVELOPE CONTAINING A VOTER
14 IDENTIFICATION CARD HAS BEEN MAILED IN ACCORDANCE WITH
15 PARAGRAPHS (2) AND (3) AND HAS NOT BEEN RETURNED TO THE
16 COMMISSION BY THE POSTMASTER WITHIN TEN DAYS FROM THE
17 DATE IT WAS MAILED, THE INDIVIDUAL SHALL BE DEEMED A
18 REGISTERED ELECTOR OF THE COUNTY AND THE COMMISSION SHALL
19 ENTER THE INDIVIDUAL'S REGISTRATION INFORMATION IN THE
20 GENERAL REGISTER. NO PERSON SHALL BE DEEMED A REGISTERED
21 ELECTOR OF THE COUNTY UNTIL TEN DAYS AFTER THE VOTER
22 IDENTIFICATION CARD HAS BEEN MAILED.
23 (5) IF AN ENVELOPE CONTAINING A VOTER IDENTIFICATION
24 CARD IS RETURNED BY THE POSTMASTER BECAUSE THE ENVELOPE IS
25 UNDELIVERABLE AT THE GIVEN ADDRESS, THE COMMISSION SHALL
26 INVESTIGATE. IF THE COMMISSION FINDS THAT THE INDIVIDUAL IS
27 NOT QUALIFIED TO REGISTER FROM THE ADDRESS, THE COMMISSION
28 SHALL REJECT THE APPLICATION AND SHALL NOTIFY THE INDIVIDUAL
29 BY FIRST CLASS FORWARDABLE MAIL OF THIS ACTION.
30 (D) TRANSFER OF REGISTRATION RECORDS.--
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1 (1) IF DURING APPLICATION AN INDIVIDUAL DISCLOSES THAT
2 THE INDIVIDUAL IS A REGISTERED ELECTOR OF ANOTHER COUNTY, THE
3 COMMISSION OF THE INDIVIDUAL'S NEW COUNTY OF RESIDENCE SHALL
4 DIRECT A CANCELLATION NOTICE TO THE COMMISSION OF THE
5 INDIVIDUAL'S FORMER COUNTY OF RESIDENCE IN ACCORDANCE WITH
6 REGULATIONS PROMULGATED UNDER THIS PART.
7 (2) UPON RECEIPT OF A NOTICE TRANSMITTED IN ACCORDANCE
8 WITH PARAGRAPH (1), THE COMMISSION OF THE INDIVIDUAL'S FORMER
9 COUNTY OF RESIDENCE SHALL INVESTIGATE. IF THE COMMISSION
10 FINDS THAT THE INDIVIDUAL IS A REGISTERED ELECTOR OF THE
11 COUNTY, THE COMMISSION SHALL VERIFY THE ADDRESS CHANGE WITH
12 THE REGISTERED ELECTOR IN ACCORDANCE WITH THIS PART. UPON
13 VERIFYING THAT THE REGISTERED ELECTOR HAS MOVED TO ANOTHER
14 COUNTY OF RESIDENCE, THE COMMISSION SHALL CANCEL THE
15 REGISTERED ELECTOR'S REGISTRATION, TRANSFER A COPY OF THE
16 CANCELED REGISTRATION RECORD TO THE COMMISSION OF THE
17 REGISTERED ELECTOR'S NEW COUNTY OF RESIDENCE AND RETAIN A
18 RECORD OF THE TRANSFER. THE COMMISSION OF BOTH COUNTIES SHALL
19 PROMPTLY UPDATE INFORMATION CONTAINED IN THEIR REGISTRATION
20 RECORDS.
21 (E) CHALLENGES.--ALL CHALLENGES TO APPLICATIONS FOR
22 REGISTRATION SHALL BE MADE AS PROVIDED IN SECTION 1329 (RELATING
23 TO CHALLENGES).
24 § 1328.1. SURE REGISTRATION NUMBER.
25 EACH REGISTERED ELECTOR SHALL BE ASSIGNED A SINGLE AND UNIQUE
26 SURE REGISTRATION NUMBER IN ACCORDANCE WITH SECTIONS 1328
27 (RELATING TO APPROVAL OF REGISTRATION APPLICATIONS) AND 1514
28 (RELATING TO CONVERSION OF REGISTRATION RECORDS). ONCE ASSIGNED,
29 A SURE REGISTRATION NUMBER SHALL NOT BE CHANGED, MODIFIED OR
30 ALTERED.
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1 § 1329. CHALLENGES.
2 (A) STANDING.--AN INDIVIDUAL CLAIMING THE RIGHT TO BE
3 REGISTERED MAY BE CHALLENGED BY A COMMISSIONER, REGISTRAR OR
4 CLERK OR BY A QUALIFIED ELECTOR OF THE MUNICIPALITY.
5 (B) COMPLAINT.--TO MAKE A CHALLENGE, A COMPLAINANT MUST FILE
6 A CHALLENGE AFFIDAVIT IN A FORM PRESCRIBED BY THE SECRETARY
7 CONTAINING THE FOLLOWING INFORMATION:
8 (1) NAME OF CHALLENGED INDIVIDUAL.
9 (2) ADDRESS OF CHALLENGED INDIVIDUAL.
10 (3) NAME OF COMPLAINANT.
11 (4) ADDRESS OF COMPLAINANT.
12 (5) DATE OF AFFIDAVIT.
13 (6) REASON FOR CHALLENGE.
14 (C) RESPONSE.--AN INDIVIDUAL WHO IS CHALLENGED MUST RESPOND
15 TO THE CHALLENGE AFFIDAVIT AS SET FORTH IN SUBSECTION (B) IN A
16 WRITTEN STATEMENT SWORN OR AFFIRMED BY THE INDIVIDUAL. THE
17 CHALLENGED INDIVIDUAL MUST PRODUCE SUCH OTHER EVIDENCE AS MAY BE
18 REQUIRED TO SATISFY THE REGISTRAR OR COMMISSIONER AS TO THE
19 INDIVIDUAL'S QUALIFICATIONS AS A QUALIFIED ELECTOR.
20 (D) RESOLUTION.--IF THE CHALLENGED INDIVIDUAL ESTABLISHES,
21 TO THE SATISFACTION OF THE COMMISSION, THE RIGHT TO BE
22 REGISTERED AS REQUIRED BY THIS PART, THE CHALLENGED INDIVIDUAL
23 SHALL BE REGISTERED. IF THE CHALLENGED INDIVIDUAL DOES NOT
24 ESTABLISH TO THE SATISFACTION OF THE COMMISSION THE RIGHT TO BE
25 REGISTERED AS PROVIDED IN THIS PART, THE CHALLENGED INDIVIDUAL'S
26 REGISTRATION, IF ANY, SHALL BE CANCELED, AND THE COMMISSION
27 SHALL PROMPTLY UPDATE INFORMATION CONTAINED IN ITS REGISTRATION
28 RECORDS.
29 § 1330. APPEALS.
30 (A) RIGHT.--AN INDIVIDUAL WHOSE APPLICATION TO BE REGISTERED
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1 HAS BEEN DENIED MAY FILE WITH THE COMMISSION A PETITION TO BE
2 REGISTERED, SETTING FORTH THE GROUNDS OF THE PETITION UNDER OATH
3 OR AFFIRMATION. THE PETITION MUST BE FILED BY THE 15TH DAY PRIOR
4 TO AN ELECTION.
5 (B) HEARING.--
6 (1) THE COMMISSION SHALL FIX A TIME FOR A PUBLIC HEARING
7 AT ITS OFFICE NOT LATER THAN THE TENTH DAY PRIOR TO THE
8 ELECTION.
9 (2) THE COMMISSION SHALL GIVE THE PERSON RESPONSIBLE FOR
10 THE REJECTION 48 HOURS' NOTICE OF THE HEARING.
11 (3) AT THE HEARING, A CLERK, INSPECTOR OF REGISTRATION
12 OR QUALIFIED ELECTOR OF THE COUNTY MAY OFFER EVIDENCE AS TO
13 WHY THE PETITIONER SHOULD NOT BE REGISTERED.
14 (4) THE COMMISSION, IF SATISFIED THAT THE PETITIONER IS
15 ENTITLED TO BE REGISTERED, SHALL DIRECT REGISTRATION.
16 CHAPTER 14
17 RECORDS
18 SEC.
19 1401. GENERAL REGISTER.
20 1402. DISTRICT REGISTERS.
21 1403. STREET LISTS.
22 1404. PUBLIC INFORMATION LISTS.
23 1405. RETENTION OF RECORDS.
24 1406. REPORTS.
25 § 1401. GENERAL REGISTER.
26 (A) GENERAL RULE.--THE GENERAL REGISTER SHALL CONTAIN ALL OF
27 THE FOLLOWING FOR EACH REGISTERED ELECTOR OF THE COUNTY:
28 (1) THE WARD AND ELECTION DISTRICT OF RESIDENCE.
29 (2) THE REGISTERED ELECTOR'S STREET ADDRESS.
30 (3) DATA REQUIRED TO BE GIVEN UPON REMOVAL FROM THE
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1 REGISTERED ELECTOR'S RESIDENCE.
2 (4) THE DATE OF EACH ELECTION AT WHICH THE REGISTERED
3 ELECTOR VOTES.
4 (5) THE DIGITIZED OR ELECTRONIC SIGNATURE OF THE
5 REGISTERED ELECTOR.
6 (6) THE SURE REGISTRATION NUMBER.
7 (7) WHETHER THE REGISTERED ELECTOR NEEDS ASSISTANCE TO
8 VOTE AND, IF SO, THE NATURE OF THE DISABILITY.
9 (B) DISTRICT REGISTER.--THE GENERAL REGISTER SHALL BE USED
10 BY THE COMMISSION TO PREPARE THE DISTRICT REGISTER.
11 (C) SURE SYSTEM.--AFTER A COMMISSION IS CONNECTED TO THE
12 SURE SYSTEM, THE GENERAL REGISTER OF THE COMMISSION SHALL
13 CONSIST OF THE REGISTRATION INFORMATION CONTAINED ON THE SURE
14 SYSTEM AS MAINTAINED BY THE COMMISSION.
15 (D) REGISTRATION CARDS.--BEFORE A COMMISSION IS CONNECTED TO
16 THE SURE SYSTEM, IF A COMMISSION USES THE ORIGINAL REGISTRATION
17 CARDS FOR REGISTERED ELECTORS IN THE COUNTY AS THE DISTRICT
18 REGISTER, THE DUPLICATE REGISTRATION CARDS OR PHOTOCOPIES OF THE
19 ORIGINAL REGISTRATION CARDS SHALL BE PLACED IN EXACT
20 ALPHABETICAL ORDER BY LAST NAME OF THE REGISTRANT, SHALL BE
21 INDEXED AND SHALL BE KEPT AT THE OFFICE OF THE REGISTRATION
22 COMMISSION IN A MANNER AS TO BE PROPERLY SAFEGUARDED. THESE
23 CARDS CONSTITUTE THE GENERAL REGISTER OF THE COUNTY. THEY MAY
24 NOT BE REMOVED FROM THE OFFICE OF THE COMMISSION EXCEPT UPON
25 ORDER OF A COURT OF RECORD. NOTHING IN THIS PART SHALL PRECLUDE
26 THE USE OF DUPLICATE REGISTRATION CARDS FROM APPLICATIONS
27 PROVIDED UNDER THE ACT OF MARCH 30, 1937 (P.L.115, NO.40), KNOWN
28 AS THE FIRST CLASS CITY PERMANENT REGISTRATION ACT, OR THE ACT
29 OF APRIL 29, 1937 (P.L.487, NO.115), KNOWN AS THE PERMANENT
30 REGISTRATION ACT FOR CITIES OF THE SECOND CLASS, CITIES OF THE
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1 SECOND CLASS A, CITIES OF THE THIRD CLASS, BOROUGHS, TOWNS, AND
2 TOWNSHIPS.
3 (E) DIGITIZED SIGNATURE LISTS.--BEFORE A COMMISSION IS
4 CONNECTED TO THE SURE SYSTEM, IF A COMMISSION USES DIGITIZED
5 SIGNATURE LISTS AS THE DISTRICT REGISTER, THE ORIGINAL
6 REGISTRATION CARDS SHALL BE PLACED IN EXACT ALPHABETICAL ORDER
7 BY LAST NAME OF THE REGISTRANT, INDEXED AND KEPT AT THE OFFICE
8 OF THE COMMISSION IN A MANNER AS TO BE PROPERLY SAFEGUARDED.
9 THESE ORIGINAL CARDS CONSTITUTE THE GENERAL REGISTER OF THE
10 COUNTY. THEY MAY NOT BE REMOVED FROM THE OFFICE OF THE
11 COMMISSION EXCEPT UPON ORDER OF A COURT OF RECORD. THE
12 COMMISSION SHALL SAFELY RETAIN ALL REGISTRATION CARDS USED IN
13 THE REGISTRATION OF ELECTORS OR IN CONDUCTING AN ELECTION. IF A
14 COMMISSION HAS THE CAPABILITY TO ACCEPT AN ELECTRONIC
15 APPLICATION, THE SECRETARY MAY REQUIRE THE COMMISSION TO PRODUCE
16 A COMPUTER-GENERATED CARD TO FILE IN THE GENERAL REGISTER. IF
17 THE COMMISSION FINDS A RECORD FOR A REGISTRANT ON THE COMPUTER
18 DATABASE WHICH IS NOT CONTAINED IN THE GENERAL REGISTER, IT
19 SHALL REPLACE THE ORIGINAL CARD WITH A COMPUTER-GENERATED
20 DUPLICATE CARD UPON WRITTEN PERMISSION FROM THE REGISTRANT OR
21 UPON ORDER OF A COURT OF RECORD.
22 (F) DUPLICATE FILES.--BEFORE A COMMISSION IS CONNECTED TO
23 THE SURE SYSTEM, IF THE COMMISSION DEEMS A DUPLICATE FILE OF
24 REGISTRATION CARDS NECESSARY FOR ADMINISTRATIVE PURPOSES, THE
25 COMMISSION MAY PREPARE A REPRODUCTION IN COMPLIANCE WITH THE
26 FOLLOWING:
27 (1) THE REGISTRATION FORM SHALL BE PHOTOGRAPHED,
28 MICROPHOTOGRAPHED OR REPRODUCED IN A MANNER APPROVED FOR
29 PERMANENT RECORDS BY THE SECRETARY.
30 (2) THE DEVICE USED TO REPRODUCE THE CARD IS ONE WHICH
20010S0607B1628 - 65 -
1 ACCURATELY REPRODUCES THE ORIGINAL IN ALL DETAILS.
2 (3) THE PHOTOGRAPHS, MICROPHOTOGRAPHS OR OTHER
3 REPRODUCTIONS ARE OPEN TO PUBLIC INSPECTION AND PROVISION IS
4 MADE FOR PRESERVING, EXAMINING AND USING THEM.
5 § 1402. DISTRICT REGISTERS.
6 (A) REGISTRATION CARD FILE.--
7 (1) EXCEPT AS PROVIDED IN SUBSECTION (B) AND IN SECTION
8 1401(E) (RELATING TO GENERAL REGISTER), THE ORIGINAL
9 REGISTRATION CARDS SHALL BE FILED BY ELECTION DISTRICTS IN
10 EXACT ALPHABETICAL ORDER BY LAST NAME OF THE REGISTRANT AND
11 SHALL BE INDEXED.
12 (2) THE CARDS CONSTITUTE THE DISTRICT REGISTER.
13 (3) THE COMMISSION SHALL PROVIDE BINDERS, WHICH ARE
14 CAPABLE OF BEING LOCKED, FOR FILING AND INDEXING THE
15 REGISTRATION CARDS. THE KEYS TO THE BINDERS SHALL AT ALL
16 TIMES BE RETAINED BY THE COMMISSION.
17 (4) THE DISTRICT REGISTER SHALL BE KEPT AT THE OFFICE OF
18 THE COMMISSION, EXCEPT AS PROVIDED IN SUBSECTION (B), AND
19 SHALL BE OPEN TO PUBLIC INSPECTION, SUBJECT TO REASONABLE
20 SAFEGUARDS AND REGULATIONS.
21 (B) COMPUTER LISTS.--
22 (1) BEFORE A COMMISSION IS CONNECTED TO THE SURE SYSTEM,
23 INSTEAD OF USING REGISTRATION CARDS AS THE DISTRICT REGISTER
24 AS PROVIDED IN SUBSECTION (A), A COMMISSION MAY USE A
25 COMPUTER LIST OR COMPUTER-GENERATED CARDS CONTAINING THE
26 REGISTERED ELECTORS ARRANGED BY ELECTION DISTRICT,
27 ALPHABETICALLY BY LAST NAME OF THE REGISTRANT. THE COMPUTER
28 LIST OR COMPUTER-GENERATED CARDS MUST BE IN A FORM PRESCRIBED
29 BY THE SECRETARY AND MUST CONTAIN NECESSARY INFORMATION THAT
30 WOULD OTHERWISE BE AVAILABLE ON THE REGISTRATION CARDS,
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1 INCLUDING A LEGIBLE DIGITIZED SIGNATURE OF THE REGISTRANT
2 COPIED FROM THE SIGNATURE ON THE REGISTRATION CARD. THE
3 DISTRICT ELECTION OFFICIALS SHALL HAVE COMPUTER PRINTOUTS AT
4 THE POLLING PLACES CONTAINING THE NECESSARY INFORMATION
5 NEEDED TO VERIFY THE IDENTITY OF THE ELECTOR. THE DIGITIZED
6 SIGNATURE LIST SHALL BE OPEN TO PUBLIC INSPECTION, SUBJECT TO
7 REASONABLE SAFEGUARDS, RULES AND REGULATIONS.
8 (2) AFTER A COMMISSION IS CONNECTED TO THE SURE SYSTEM,
9 EACH COMMISSION SHALL CREATE FROM ITS GENERAL REGISTER A
10 COMPUTER LIST TO BE USED AS THE DISTRICT REGISTER. FOR EACH
11 ELECTION DISTRICT, THE LIST SHALL CONTAIN THE NAMES OF THE
12 REGISTERED ELECTORS OF THE ELECTION DISTRICT, ALPHABETICALLY
13 BY LAST NAME OF EACH REGISTERED ELECTOR. EACH PAGE OF THE
14 LIST SHALL CONTAIN THE NAME OF THE COUNTY, THE ELECTION
15 DISTRICT, THE DATE OF THE ELECTION AND THE DATE AND TIME THE
16 LIST WAS PREPARED. THE COMPUTER LIST SHALL BE IN A FORM
17 PRESCRIBED BY THE SECRETARY AND MUST CONTAIN NECESSARY
18 INFORMATION THAT WOULD OTHERWISE BE AVAILABLE IN THE GENERAL
19 REGISTER, INCLUDING A LEGIBLE DIGITIZED OR ELECTRONIC
20 SIGNATURE, THE STREET ADDRESS AND POLITICAL PARTY OF EACH
21 REGISTERED ELECTOR, AND SUITABLE SPACE FOR INSERTION OF THE
22 SIGNATURE OF THE REGISTERED ELECTOR AND FOR INSERTION BY THE
23 PROPER ELECTION OFFICIAL OF THE NUMBER AND LETTER OF THE STUB
24 OF THE BALLOT ISSUED TO THE REGISTERED ELECTOR OR THE
25 REGISTERED ELECTOR'S NUMBER IN THE ORDER OF ADMISSION TO THE
26 VOTING SYSTEMS AND THE INITIALS OF THE ELECTION OFFICIAL WHO
27 ENTERS THE RECORD OF VOTING IN THE DISTRICT REGISTER AND
28 WHETHER THE ELECTOR NEEDS ASSISTANCE TO VOTE AND, IF SO, THE
29 NATURE OF THE DISABILITY. THE DISTRICT REGISTER SHALL BE KEPT
30 AT THE OFFICE OF THE COMMISSION AND SHALL BE OPEN TO PUBLIC
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1 INSPECTION, SUBJECT TO REASONABLE SAFEGUARDS, RULES AND
2 REGULATIONS.
3 (3) BEFORE CONNECTION TO THE SURE SYSTEM, A COMMISSION
4 MAY, DURING SYSTEMS CONVERSION PERIODS OR EMERGENCY
5 CONDITIONS, PROVIDE FOR A DISTRICT REGISTER CONTAINING THE
6 ORIGINAL REGISTRATION CARDS. THE FOLLOWING APPLY:
7 (I) THE ORIGINAL REGISTRATION CARDS SHALL BE FILED
8 BY ELECTION DISTRICT, IN ONE OF THE FOLLOWING ORDERS, AS
9 DETERMINED BY THE COMMISSION:
10 (A) EXACT ALPHABETICAL ORDER BY LAST NAME OF
11 REGISTRANT.
12 (B) ORDER IN WHICH REGISTRANTS' RESIDENCES
13 APPEAR UPON THE STREETS OF THE ELECTION DISTRICT, IN
14 EXACT ALPHABETICAL ORDER BY LAST NAME OF REGISTRANT
15 FOR EACH RESIDENCE.
16 (II) THE DISTRICT REGISTER CONTAINING REGISTRATION
17 CARDS SHALL BE KEPT AT THE OFFICE OF THE COMMISSION AND
18 SHALL BE OPEN FOR PUBLIC INSPECTION, SUBJECT TO
19 REASONABLE SAFEGUARDS AND REGULATIONS AND TO THE
20 PROVISIONS OF THIS PART.
21 (C) ACCURACY.--IT IS THE DUTY OF THE COMMISSION TO COMPARE
22 AND CORRECT THE GENERAL REGISTER AND DISTRICT REGISTERS TO
23 ENSURE THEIR ACCURACY. BY NOON OF THE THIRD DAY PRECEDING AN
24 ELECTION, THE COMMISSION SHALL CORRECT THE DISTRICT REGISTER FOR
25 EACH ELECTION DISTRICT CONSISTENT WITH THE INFORMATION CONTAINED
26 IN THE GENERAL REGISTER.
27 (D) DELIVERY.--THE COMMISSION SHALL DELIVER, IN THE MANNER
28 REQUIRED BY LAW FOR DELIVERY OF ELECTION MATERIALS, THE DISTRICT
29 REGISTER TO THE ELECTION OFFICERS FOR USE ON ELECTION DAY.
30 (E) FORM.--DISTRICT REGISTERS SHALL BE ENCLOSED WITHIN A
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1 CASE OR CONTAINER AND SHALL BE LOCKED AND SEALED BY THE
2 COMMISSION BEFORE DELIVERY. THE DISTRICT REGISTER SHALL HAVE
3 PRINTED OR WRITTEN THEREON THE WORDS "DISTRICT REGISTER OF
4 ELECTORS" AND THE DISTRICT AND WARD, IF ANY.
5 (F) EXAMINATION.--IMMEDIATELY FOLLOWING EACH ELECTION, THE
6 COMMISSION SHALL CAUSE EACH DISTRICT REGISTER TO BE EXAMINED.
7 THE COMMISSION SPECIFICALLY SHALL COMPARE THE SIGNATURE OF EACH
8 ELECTOR ON EACH VOTER'S CERTIFICATE WITH HIS SIGNATURE IN THE
9 DISTRICT REGISTER AND SHALL REPORT IN WRITING TO THE DISTRICT
10 ATTORNEY ANY EVIDENCE OR INDICATION OF PROBABLE FRAUD,
11 IMPERSONATION OR FORGERY WHICH MAY APPEAR TO THE COMMISSION BY
12 REASON OF THE COMPARISON. IN THE CASE OF ANY ELECTOR WHOM THE
13 ELECTION OFFICERS SHALL HAVE RECORDED AS REMOVED, DECEASED, OR
14 CHALLENGED AND PREVENTED FROM VOTING, THE COMMISSION SHALL
15 ASCERTAIN THE FACTS AND SHALL CORRECT THE GENERAL AND DISTRICT
16 REGISTERS IN ACCORDANCE WITH CHAPTER 15 (RELATING TO CHANGES IN
17 RECORDS).
18 § 1403. STREET LISTS.
19 (A) PREPARATION.--COMMENCING NOT LATER THAN THE 15TH DAY
20 PRIOR TO EACH ELECTION, EACH COMMISSION SHALL PREPARE FOR EACH
21 ELECTION DISTRICT A LIST OF THE NAMES AND ADDRESSES OF ALL
22 REGISTERED ELECTORS AS OF THAT DATE RESIDENT IN THE DISTRICT.
23 THE LIST MAY NOT INCLUDE THE DIGITIZED OR ELECTRONIC SIGNATURE
24 OF A REGISTERED ELECTOR. THE LIST SHALL BE ARRANGED IN ONE OF
25 THE FOLLOWING MANNERS:
26 (1) BY STREETS AND HOUSE NUMBERS.
27 (2) ALPHABETICALLY BY LAST NAME OF EACH REGISTERED
28 ELECTOR.
29 (3) IN A MANNER WHEREBY THE LOCATION OF THE ELECTOR'S
30 RESIDENCE CAN BE IDENTIFIED.
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1 (B) COPIES.--THE COMMISSION SHALL RETAIN TWO COPIES OF THE
2 LIST UNDER SUBSECTION (A) ON FILE AT ITS OFFICE AND FORWARD ONE
3 COPY OF THE LIST UNDER SUBSECTION (A) TO THE DEPARTMENT. THESE
4 COPIES SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING BUSINESS
5 HOURS, SUBJECT TO REASONABLE SAFEGUARDS AND REGULATIONS.
6 (C) DISTRIBUTION.--THE DEPARTMENT AND EACH COMMISSION SHALL
7 DISTRIBUTE THE LIST UNDER SUBSECTION (A) UPON REQUEST AS
8 FOLLOWS:
9 (1) TO OFFICIALS CONCERNED WITH THE CONDUCT OF
10 ELECTIONS.
11 (2) TO POLITICAL PARTIES AND POLITICAL BODIES.
12 (3) TO CANDIDATES.
13 (D) ORGANIZATIONS.--THE COMMISSION MAY, FOR A REASONABLE
14 FEE, DISTRIBUTE THE LIST UNDER SUBSECTION (A) TO ORGANIZED
15 BODIES OF CITIZENS.
16 § 1404. PUBLIC INFORMATION LISTS.
17 (A) ESTABLISHMENT.--
18 (1) A COMMISSION SHALL PROVIDE FOR COMPUTER INQUIRIES
19 CONCERNING INDIVIDUAL REGISTERED ELECTORS. WITH RESPECT TO
20 EACH REGISTERED ELECTOR WHO IS THE SUBJECT OF AN INQUIRY, THE
21 INFORMATION PROVIDED SHALL CONTAIN THE NAME, ADDRESS, DATE OF
22 BIRTH AND VOTING HISTORY. UPON REQUEST, THE COMMISSION SHALL
23 SUPPLY A PRINTED RECORD FOR EACH SUCH ELECTOR SUBJECT TO THE
24 PROVISIONS OF THIS PART. IN ADDITION, THE COMMISSION MAY MAKE
25 AVAILABLE FOR INSPECTION A PRINTED OR COMPUTERIZED PUBLIC
26 INFORMATION LIST CONTAINING THE NAME, ADDRESS, DATE OF BIRTH
27 AND VOTING HISTORY OF EACH REGISTERED ELECTOR IN THE COUNTY.
28 (2) THE LIST MAY ALSO INCLUDE INFORMATION ON VOTING
29 DISTRICTS.
30 (3) THE LIST MAY NOT CONTAIN THE DIGITIZED OR ELECTRONIC
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1 SIGNATURE OR SURE REGISTRATION NUMBER OF THE REGISTERED
2 ELECTOR.
3 (B) ACCESS.--
4 (1) THE SECRETARY MAY PROMULGATE REASONABLE REGULATIONS
5 GOVERNING ACCESS TO THE LIST.
6 (2) NO INDIVIDUAL INSPECTING THE LIST MAY TAMPER WITH OR
7 ALTER IT.
8 (3) NO INDIVIDUAL WHO INSPECTS THE LIST OR WHO ACQUIRES
9 NAMES OF REGISTERED ELECTORS FROM THE LIST MAY USE
10 INFORMATION CONTAINED IN THE LIST FOR PURPOSES UNRELATED TO
11 ELECTIONS, POLITICAL ACTIVITIES OR LAW ENFORCEMENT. BEFORE
12 INSPECTING THE LIST OR OBTAINING NAMES OF REGISTERED ELECTORS
13 OR OTHER INFORMATION FROM THE LIST, THE INDIVIDUAL MUST
14 PROVIDE IDENTIFICATION TO THE PUBLIC OFFICIAL HAVING CUSTODY
15 OF THE PUBLIC INFORMATION LIST AND MUST STATE IN WRITING THAT
16 ANY INFORMATION OBTAINED FROM THE LIST WILL NOT BE USED FOR
17 PURPOSES UNRELATED TO ELECTIONS, POLITICAL ACTIVITIES OR LAW
18 ENFORCEMENT.
19 (C) COPIES.--
20 (1) THE COMMISSION SHALL PROVIDE PAPER COPIES OF THE
21 PUBLIC INFORMATION LISTS AND MAY PROVIDE COPIES IN SOME OTHER
22 FORM TO ANY REGISTERED ELECTOR IN THIS COMMONWEALTH WITHIN
23 TEN DAYS OF RECEIVING A WRITTEN REQUEST ACCOMPANIED BY
24 PAYMENT OF THE COST OF REPRODUCTION AND POSTAGE. THE COST OF
25 THE COPIES SHALL BE DETERMINED BY THE OFFICE PROVIDING
26 COPIES.
27 (2) AN INDIVIDUAL WHO INSPECTS OR ACQUIRES A COPY OF A
28 PUBLIC INFORMATION LIST MAY NOT USE ANY INFORMATION CONTAINED
29 IN IT FOR PURPOSES UNRELATED TO ELECTIONS, POLITICAL
30 ACTIVITIES OR LAW ENFORCEMENT.
20010S0607B1628 - 71 -
1 § 1405. RETENTION OF RECORDS.
2 (A) COMPUTER LISTS.--EACH COMMISSION SHALL PRESERVE DISTRICT
3 REGISTERS FOR AT LEAST FIVE YEARS IN THE MANNER, FORM AND TIME
4 FRAME ESTABLISHED BY THE DEPARTMENT.
5 (B) RECORDS.--
6 (1) THE DEPARTMENT AND EACH COMMISSION SHALL PRESERVE
7 FOR TWO YEARS AND SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION
8 AND, WHERE AVAILABLE, PHOTOCOPYING AT A REASONABLE COST ALL
9 RECORDS CONCERNING THE IMPLEMENTATION OF PROGRAMS AND
10 ACTIVITIES CONDUCTED FOR THE PURPOSES OF ENSURING THE
11 ACCURACY AND CURRENCY OF OFFICIAL LISTS OF REGISTERED
12 ELECTORS, EXCEPT TO THE EXTENT THAT THE RECORDS RELATE TO A
13 DECLINATION TO REGISTER TO VOTE OR TO THE IDENTITY OF A VOTER
14 REGISTRATION AGENCY THROUGH WHICH ANY PARTICULAR QUALIFIED
15 ELECTOR IS REGISTERED.
16 (2) THE RECORDS PRESERVED UNDER PARAGRAPH (1) SHALL
17 INCLUDE LISTS OF THE NAMES AND ADDRESSES OF ALL ELECTORS TO
18 WHOM NOTICES DESCRIBED IN SECTION 1501 (RELATING TO REMOVAL
19 NOTICES) ARE SENT, AND INFORMATION CONCERNING WHETHER OR NOT
20 THE INDIVIDUAL HAS RESPONDED TO THE NOTICE AS OF THE DATE
21 THAT INSPECTION OF THE RECORD IS MADE.
22 (C) ORIGINAL AND EXISTING RECORDS.--AFTER A COMMISSION IS
23 CONNECTED TO THE SURE SYSTEM, THE REGISTRATION CARDS AND
24 APPLICATIONS UTILIZED UNDER THIS PART, UNDER THE ACT OF JUNE 30,
25 1995 (P.L.170, NO.25), KNOWN AS THE PENNSYLVANIA VOTER
26 REGISTRATION ACT, UNDER THE FORMER ACT OF MARCH 30, 1937
27 (P.L.115, NO.40), KNOWN AS THE FIRST CLASS CITY PERMANENT
28 REGISTRATION ACT, OR UNDER THE FORMER ACT OF APRIL 29, 1937
29 (P.L.487, NO.115), KNOWN AS THE PERMANENT REGISTRATION ACT FOR
30 CITIES OF THE SECOND CLASS, CITIES OF THE SECOND CLASS A, CITIES
20010S0607B1628 - 72 -
1 OF THE THIRD CLASS, BOROUGHS, TOWNS, AND TOWNSHIPS, SHALL BE
2 PLACED IN ALPHABETICAL ORDER BY LAST NAME OF THE REGISTERED
3 ELECTOR, INDEXED AND KEPT AT THE OFFICE OF THE COMMISSION IN A
4 MANNER AS TO BE PROPERLY SAFEGUARDED. THEY MAY NOT BE REMOVED
5 FROM THE OFFICE OF THE COMMISSION EXCEPT UPON ORDER OF A COURT
6 OF RECORD. THE COMMISSION SHALL SAFELY RETAIN ALL REGISTRATION
7 CARDS USED IN THE REGISTRATION OF REGISTERED ELECTORS FOR A
8 PERIOD OF FIVE YEARS AFTER CONNECTION AT WHICH TIME THEY MAY BE
9 DESTROYED.
10 § 1406. REPORTS.
11 (A) COMMISSION.--BY MARCH 1, A COMMISSION SHALL SUBMIT TO
12 THE SECRETARY AN ANNUAL REPORT SETTING FORTH THE NUMBER OF
13 ELECTORS REGISTERED UNDER SECTIONS 1322 (RELATING TO IN-PERSON
14 VOTER REGISTRATION), 1323 (RELATING TO APPLICATION WITH DRIVER'S
15 LICENSE APPLICATION), 1324 (RELATING TO APPLICATION BY MAIL) AND
16 1325 (RELATING TO GOVERNMENT AGENCIES). THE REPORT SHALL SPECIFY
17 THE NUMBER OF ELECTORS WHOSE REGISTRATION HAS BEEN CANCELED
18 UNDER CHAPTER 15 (RELATING TO CHANGES IN RECORDS) AND ANY OTHER
19 INFORMATION REQUIRED BY THE SECRETARY.
20 (B) SECRETARY.--THE SECRETARY SHALL SUBMIT AN ANNUAL REPORT
21 TO THE GENERAL ASSEMBLY BY JUNE 30 ASSESSING THE IMPACT OF THIS
22 PART ON THE ADMINISTRATION OF ELECTIONS DURING THE PRECEDING
23 YEAR AND INCLUDING RECOMMENDATIONS FOR IMPROVEMENTS TO
24 PROCEDURES, FORMS AND OTHER MATTERS AFFECTED BY THIS PART.
25 CHAPTER 15
26 CHANGES IN RECORDS
27 SEC.
28 1501. REMOVAL NOTICES.
29 1502. TRANSFER OF REGISTRATION.
30 1503. CHANGE OF ENROLLMENT OF POLITICAL PARTY.
20010S0607B1628 - 73 -
1 1504. DISABILITY.
2 1505. DEATH OF REGISTRANT.
3 1506. CHECKUP OF REGISTERS.
4 1507. CANVASS OF REGISTERED ELECTORS.
5 1508. COMPARISON AND CORRECTION OF REGISTERS.
6 1509. PETITION TO STRIKE OFF NAMES.
7 1510. FAILURE TO VOTE.
8 1511. CANCELLATION, REMOVAL AND PRESERVATION OF REGISTRATION
9 CARDS.
10 1512. CORRECTION OF ERRORS IN CANCELLATION OR SUSPENSION.
11 1513. APPLICABILITY OF PROVISIONS.
12 1514. CONVERSION OF REGISTRATION RECORDS.
13 § 1501. REMOVAL NOTICES.
14 (A) FORM.--
15 (1) A COMMISSION SHALL MAKE REMOVAL NOTICES AVAILABLE TO
16 ELECTORS WHO ARE REGISTERED IN THE COUNTY.
17 (2) THE NOTICE SHALL BE PRINTED UPON CARDS SUITABLE FOR
18 MAILING, ADDRESSED TO THE OFFICE OF THE COMMISSION. THE
19 NOTICE SHALL PROVIDE THE FOLLOWING INFORMATION:
20 (I) THE ADDRESS OF PRESENT RESIDENCE, INCLUDING
21 MUNICIPALITY.
22 (II) THE ADDRESS OF LAST REGISTRATION, INCLUDING
23 MUNICIPALITY.
24 (III) DATE OF REMOVAL TO PRESENT RESIDENCE.
25 (IV) SIGNATURE.
26 (3) THE NOTICE SHALL CONTAIN A STATEMENT THAT THE
27 REGISTERED ELECTOR MAY, BY FILLING OUT PROPERLY AND SIGNING A
28 REMOVAL NOTICE AND RETURNING IT TO THE OFFICE OF THE
29 COMMISSION, SECURE THE TRANSFER OF REGISTRATION EFFECTIVE AS
30 TO ELECTIONS AT LEAST 30 DAYS AFTER THE DATE OF REMOVAL INTO
20010S0607B1628 - 74 -
1 THE NEW DISTRICT.
2 (4) THE NOTICE SHALL CONTAIN A WARNING TO THE REGISTERED
3 ELECTOR THAT THE NOTICE WILL NOT BE ACCEPTED AS AN
4 APPLICATION FOR TRANSFER OF THE ELECTOR'S REGISTRATION UNLESS
5 THE SIGNATURE THEREON CAN BE IDENTIFIED BY THE COMMISSION AS
6 THE ELECTOR'S SIGNATURE AS IT APPEARS ON FILE WITH THE
7 COMMISSION.
8 (5) THE NOTICE SHALL CONTAIN A WARNING TO THE REGISTERED
9 ELECTOR THAT THE NOTICE MUST BE RECEIVED BY THE COMMISSION
10 NOT LATER THAN 30 DAYS BEFORE AN ELECTION. IF MAILED, THE
11 NOTICE MUST BE POSTMARKED NOT LATER THAN THE DEADLINE FOR
12 REGISTRATION OR, IN THE CASE OF AN ILLEGIBLE OR MISSING
13 POSTMARK, RECEIVED WITHIN FIVE DAYS OF THE CLOSE OF
14 REGISTRATION.
15 (B) USE.--A REGISTERED ELECTOR WHO REMOVES RESIDENCE FROM
16 ONE PLACE TO ANOTHER WITHIN THE SAME COUNTY MUST NOTIFY THE
17 COMMISSION BY FILING A REMOVAL NOTICE UNDER SUBSECTION (A), OR A
18 SIGNED REQUEST FOR RENEWAL THAT CONTAINS THE INFORMATION
19 REQUIRED IN SUBSECTION (A), WITH THE COMMISSION NOT LATER THAN
20 THE REGISTRATION DEADLINE BEFORE AN ELECTION. IF MAILED, THE
21 NOTICE OR REQUEST MUST BE POSTMARKED NOT LATER THAN THE DEADLINE
22 FOR REGISTRATION OR, IN THE CASE OF AN ILLEGIBLE OR MISSING
23 POSTMARK, RECEIVED WITHIN FIVE DAYS OF THE CLOSE OF
24 REGISTRATION. THE FOLLOWING APPLY:
25 (1) AN OFFICIAL REGISTRATION APPLICATION OF AN ELECTOR
26 WHO HAS REGISTERED BY MAIL QUALIFIES AS A REMOVAL NOTICE.
27 (2) A REGISTERED ELECTOR WHO REMOVES RESIDENCE FROM ONE
28 PLACE TO ANOTHER WITHIN THE SAME COUNTY AND WHO HAS NOT YET
29 FILED A REMOVAL NOTICE WITH THE COMMISSION SHALL BE PERMITTED
30 TO VOTE ONCE AT THE ELECTOR'S FORMER POLLING PLACE FOLLOWING
20010S0607B1628 - 75 -
1 REMOVAL IF, AT THE TIME OF SIGNING THE VOTER'S CERTIFICATE,
2 THE ELECTOR FILES WITH THE JUDGE OF ELECTION A SIGNED REMOVAL
3 NOTICE PROPERLY FILLED OUT. REMOVAL NOTICES UNDER THIS
4 PARAGRAPH SHALL BE RETURNED TO THE COMMISSION WITH THE VOTING
5 CHECK LIST, AND THE COMMISSION SHALL PROCEED TO TRANSFER THE
6 REGISTRATION OF THE ELECTOR UNDER SECTION 1502 (RELATING TO
7 TRANSFER OF REGISTRATION) AND SHALL PROMPTLY UPDATE
8 INFORMATION CONTAINED IN ITS REGISTRATION RECORDS. A
9 REGISTERED ELECTOR MAY VOTE IN THE ELECTION DISTRICT OF THE
10 ELECTOR'S FORMER RESIDENCE NO MORE THAN ONE TIME FOLLOWING
11 THE ELECTOR'S REMOVAL.
12 (3) A REGISTERED ELECTOR WHO REMOVES RESIDENCE FROM ONE
13 COUNTY TO ANOTHER COUNTY AND WHO IS NOT REGISTERED TO VOTE IN
14 THE NEW COUNTY OF RESIDENCE SHALL BE PERMITTED TO VOTE IN THE
15 ELECTION DISTRICT IN THE FORMER COUNTY OF RESIDENCE IF, AT
16 THE TIME OF SIGNING THE ELECTOR'S CERTIFICATE, THE ELECTOR
17 FILES WITH THE JUDGE OF ELECTION A SIGNED AFFIRMATION
18 DECLARING THE ELECTOR'S NEW RESIDENCE. A REGISTERED ELECTOR
19 MAY VOTE IN THE ELECTION DISTRICT OF THE ELECTOR'S FORMER
20 RESIDENCE NO MORE THAN ONE TIME FOLLOWING THE ELECTOR'S
21 REMOVAL. AFFIRMATIONS MADE UNDER THIS PARAGRAPH SHALL BE
22 RETURNED TO THE COMMISSION OF THE ELECTOR'S FORMER COUNTY OF
23 RESIDENCE WITH THE VOTING CHECKLIST, AND THAT COMMISSION
24 SHALL PROCEED TO TRANSFER THE REGISTRATION OF THE ELECTOR
25 UNDER SECTION 1502. UPON RECEIPT OF THE TRANSFER NOTICE, THE
26 COMMISSION OF THE ELECTOR'S NEW COUNTY OF RESIDENCE SHALL
27 IMMEDIATELY PROCESS THE TRANSFER OF THE ELECTOR IN ACCORDANCE
28 WITH SECTION 1328 (RELATING TO APPROVAL OF REGISTRATION
29 APPLICATIONS). BOTH COMMISSIONS SHALL PROMPTLY UPDATE
30 INFORMATION CONTAINED IN THEIR REGISTRATION RECORDS.
20010S0607B1628 - 76 -
1 § 1502. TRANSFER OF REGISTRATION.
2 (A) GENERAL RULE.--UPON TIMELY RECEIPT OF NOTIFICATION OF
3 REMOVAL UNDER SECTION 1501(B) (RELATING TO REMOVAL NOTICES), THE
4 COMMISSION SHALL PROCEED AS FOLLOWS:
5 (1) THE SIGNATURE ON THE NOTIFICATION DOCUMENT SHALL BE
6 COMPARED WITH THE SIGNATURE OF THE REGISTERED ELECTOR AS IT
7 APPEARS ON FILE WITH THE COMMISSION.
8 (2) IF THE SIGNATURE APPEARS AUTHENTIC, THE COMMISSION
9 SHALL ENTER THE CHANGE OF RESIDENCE ON THE REGISTERED
10 ELECTOR'S REGISTRATION RECORDS.
11 (3) IF A REQUEST FOR TRANSFER WHICH IS DETERMINED TO BE
12 AUTHENTIC UNDER PARAGRAPH (2) SHOWS A REMOVAL WITHIN THE
13 PERIOD OF 30 DAYS PRECEDING AN ELECTION, THE COMMISSION,
14 AFTER SUCH ELECTION, SHALL ENTER THE CHANGE OF RESIDENCE ON
15 THE REGISTERED ELECTOR'S REGISTRATION RECORD. THE COMMISSION
16 SHALL ADVISE THE REGISTERED ELECTOR PROMPTLY IN WRITING OF
17 ITS ACTION.
18 (4) WHEN A REGISTERED ELECTOR HAS FILED WITH A
19 COMMISSION A NOTICE THAT THE ELECTOR HAS MOVED FROM THE
20 COUNTY TO ANOTHER COUNTY, IF THE SIGNATURE APPEARS AUTHENTIC,
21 THE COMMISSION SHALL ENTER THE CHANGE OF RESIDENCE ON THE
22 ELECTOR'S REGISTRATION RECORDS, CANCEL THE REGISTRATION OF
23 THE ELECTOR AND NOTIFY THE COMMISSION OF THE ELECTOR'S NEW
24 COUNTY OF RESIDENCE TO REGISTER THE ELECTOR. UPON RECEIPT OF
25 THE TRANSFER NOTICE, THE COMMISSION OF THE ELECTOR'S NEW
26 COUNTY OF RESIDENCE SHALL IMMEDIATELY PROCESS THE TRANSFER OF
27 THE ELECTOR IN ACCORDANCE WITH SECTION 1328 (RELATING TO
28 APPROVAL OF REGISTRATION APPLICATIONS).
29 (5) IF A REQUEST FOR TRANSFER WHICH IS DETERMINED TO BE
30 AUTHENTIC UNDER PARAGRAPH (4) SHOWS A REMOVAL WITHIN THE
20010S0607B1628 - 77 -
1 PERIOD OF 30 DAYS PRECEDING AN ELECTION, THE COMMISSION,
2 AFTER SUCH ELECTION, SHALL ENTER THE CHANGE OF RESIDENCE ON
3 THE ELECTOR'S REGISTRATION RECORDS, CANCEL THE REGISTRATION
4 OF THE ELECTOR AND NOTIFY THE COMMISSION OF THE ELECTOR'S NEW
5 COUNTY OF RESIDENCE TO REGISTER THE ELECTOR. UPON RECEIPT OF
6 THE TRANSFER NOTICE, THE COMMISSION OF THE ELECTOR'S NEW
7 COUNTY OF RESIDENCE SHALL IMMEDIATELY PROCESS THE TRANSFER OF
8 THE ELECTOR IN ACCORDANCE WITH SECTION 1328.
9 (6) A COMMISSION SHALL PROMPTLY UPDATE INFORMATION
10 CONTAINED IN ITS REGISTRATION RECORDS.
11 (B) ELECTORS UNABLE TO WRITE.--A REGISTERED ELECTOR WHO IS
12 UNABLE TO SIGN THE NOTIFICATION DOCUMENT MAY AFFIX A MARK TO THE
13 NOTIFICATION DOCUMENT. THE MARK MUST BE AFFIXED IN THE PRESENCE
14 OF A WITNESS WHO MUST SIGN THE NOTIFICATION DOCUMENT.
15 § 1503. CHANGE OF ENROLLMENT OF POLITICAL PARTY.
16 BY THE DEADLINE FOR REGISTRATION, A REGISTERED ELECTOR WHO
17 DESIRES TO CHANGE THE ENROLLMENT OF POLITICAL DESIGNATION OR
18 WHO, ALTHOUGH REGISTERED, HAS NOT PREVIOUSLY ENROLLED AS A
19 MEMBER OF A PARTY MAY APPEAR BEFORE A COMMISSIONER, REGISTRAR OR
20 CLERK OR MAY SUBMIT AN APPLICATION BY MAIL UNDER SECTION 1324
21 (RELATING TO APPLICATION BY MAIL) AND STATE IN A SIGNED WRITING
22 THE POLITICAL PARTY IN WHICH THE REGISTERED ELECTOR DESIRES TO
23 BE ENROLLED. IF THE SIGNATURE OF THE ELECTOR IS VERIFIED BY
24 COMPARISON WITH THE REGISTERED ELECTOR'S SIGNATURE AS IT APPEARS
25 ON FILE WITH THE COMMISSION, THE COMMISSIONER, REGISTRAR OR
26 CLERK SHALL MAKE THE CHANGE IN ITS REGISTRATION RECORDS. IF
27 SUPPORTED BY OTHER EVIDENCE OF IDENTITY, A MARK MAY BE MADE IN
28 LIEU OF A SIGNATURE BY A REGISTERED ELECTOR WHO IS UNABLE TO
29 WRITE. THE MARK MUST BE MADE IN THE PRESENCE OF A WITNESS WHO
30 MUST SIGN THE REGISTRATION APPLICATION.
20010S0607B1628 - 78 -
1 § 1504. DISABILITY.
2 (A) ELIGIBILITY.--IF A REGISTERED ELECTOR BY REASON OF
3 BLINDNESS, DISABILITY OR INABILITY TO READ OR WRITE IS UNABLE TO
4 READ THE NAMES ON THE BALLOT OR ON THE VOTING MACHINE LABELS OR
5 IS UNABLE TO SEE OR MARK THE BALLOT OR OPERATE THE VOTING
6 MACHINE OR TO ENTER THE VOTING COMPARTMENT OR VOTING MACHINE
7 BOOTH WITHOUT ASSISTANCE, THE FOLLOWING APPLY:
8 (1) THE ELECTOR MAY, AT LEAST TEN DAYS PRIOR TO THE NEXT
9 ELECTION, PERSONALLY MAKE APPLICATION TO THE COMMISSION OR A
10 REGISTRAR OR A CLERK.
11 (2) THE APPLICATION MUST REQUEST THE ENTRY OF THE EXACT
12 NATURE OF THE DISABILITY ON THE ELECTOR'S REGISTRATION CARD.
13 (3) THE COMMISSION SHALL MAKE THE ENTRY AS APPROPRIATE.
14 (4) IF THE DISABILITY IS NOT ENTERED ON THE REGISTRATION
15 CARD, THE ELECTOR MAY RECEIVE ASSISTANCE IF THE ELECTOR
16 COMPLETES A DECLARATION IN THE POLLING PLACE.
17 (5) FOLLOWING THE ELECTION THE COMMISSION SHALL EXAMINE
18 DECLARATIONS COMPLETED UNDER THIS SECTION AND SHALL UPDATE
19 THE ELECTOR'S VOTER REGISTRATION CARD TO REFLECT THE NEED FOR
20 ASSISTANCE AND THE NATURE OF THE DISABILITY.
21 (B) TERMINATION.--IF THE COMMISSION ASCERTAINS THAT A
22 REGISTERED ELECTOR WHO HAS DECLARED NEED FOR ASSISTANCE IS NO
23 LONGER IN NEED OF ASSISTANCE, IT SHALL CANCEL ON THE
24 REGISTRATION RECORD THE ENTRY RELATING TO ILLITERACY OR
25 DISABILITY WHICH AUTHORIZED ASSISTANCE. THE COMMISSION SHALL
26 NOTIFY THE ELECTOR BY MAIL OF ITS ACTION.
27 § 1505. DEATH OF REGISTRANT.
28 (A) DEPARTMENT OF HEALTH.--A COMMISSION SHALL CANCEL THE
29 REGISTRATION OF A REGISTERED ELECTOR REPORTED DEAD BY THE
30 DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL, WITHIN 60
20010S0607B1628 - 79 -
1 DAYS OF RECEIVING NOTICE OF THE DEATH OF AN INDIVIDUAL 18 YEARS
2 OF AGE OR OLDER, SEND THE NAME AND ADDRESS OF RESIDENCE OF THAT
3 INDIVIDUAL TO A COMMISSION IN A MANNER AND ON A FORM PRESCRIBED
4 BY THE DEPARTMENT. THE COMMISSION SHALL PROMPTLY UPDATE
5 INFORMATION CONTAINED IN ITS REGISTRATION RECORDS.
6 (B) OTHER SOURCES.--A COMMISSION MAY ALSO UTILIZE PUBLISHED
7 NEWSPAPER OBITUARIES, LETTERS TESTAMENTARY OR LETTERS OF
8 ADMINISTRATION ISSUED BY THE OFFICE OF THE REGISTRAR OF WILLS TO
9 CANCEL AND REMOVE THE REGISTRATION OF AN ELECTOR, PROVIDED THAT
10 SUCH REMOVALS ARE UNIFORM, NONDISCRIMINATORY AND IN COMPLIANCE
11 WITH THE VOTING RIGHTS ACT OF 1965 (PUBLIC LAW 89-110, 42 U.S.C.
12 § 1973 ET SEQ.). THE COMMISSION SHALL PROMPTLY UPDATE
13 INFORMATION CONTAINED IN ITS REGISTRATION RECORDS.
14 (C) CORRECTIONS.--AN INDIVIDUAL INCORRECTLY REPORTED
15 DECEASED BY THE DEPARTMENT OF HEALTH OR INCORRECTLY REMOVED BY A
16 COMMISSION FOR REASON OF DEATH MAY APPEAR IN PERSON BEFORE A
17 COMMISSIONER, REGISTRAR OR CLERK AT THE OFFICE OF THE COMMISSION
18 AND PROVE IDENTITY. THE COMMISSION, UPON SUCH PROOF, SHALL
19 CORRECT ITS REGISTRATION RECORDS.
20 § 1506. CHECKUP OF REGISTERS.
21 (A) GENERAL RULE.--AT ANY TIME PRIOR TO THE 30TH DAY
22 PRECEDING AN ELECTION, A COMMISSION MAY MAIL TO ANY QUALIFIED
23 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER A NOTICE
24 SETTING FORTH THE ELECTOR'S NAME AND ADDRESS AS IT APPEARS IN
25 THE REGISTER AND REQUESTING THE ELECTOR IN CASE OF ANY ERROR TO
26 PRESENT THE NOTICE WITHIN TEN DAYS AT THE OFFICE OF THE
27 COMMISSION TO HAVE THE ERROR CORRECTED AND WARNING THAT ANY
28 DISCREPANCY BETWEEN THE QUALIFIED ELECTOR'S ACTUAL NAME AND
29 ADDRESS AND HIS NAME AND ADDRESS AS RECORDED IN THE ORIGINAL
30 REGISTER WILL CONSTITUTE GROUND FOR CHALLENGING THE ELECTOR'S
20010S0607B1628 - 80 -
1 VOTE. THE NOTICE SHALL CONTAIN ON THE OUTSIDE, "DO NOT FORWARD,
2 RETURN TO BOARD OF ELECTIONS," AND A REQUEST OF THE POSTAL
3 SERVICE TO RETURN IT WITHIN FIVE DAYS IF IT CANNOT BE DELIVERED
4 TO THE ADDRESSEE AT THE ADDRESS GIVEN.
5 (B) CHECKUP BY POSTAL SERVICE.--AT ANY TIME PRIOR TO THE
6 30TH DAY PRECEDING AN ELECTION, THE COMMISSION MAY CAUSE A
7 CHECKUP TO BE MADE BY THE POSTAL SERVICE OF ANY QUALIFIED
8 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER.
9 (C) QUADRENNIAL CHECKUPS.--AT LEAST ONCE IN EACH FOUR YEARS
10 THE COMMISSION MAY CONDUCT A CHECKUP OF EACH REGISTERED ELECTOR
11 BY EITHER OF THE METHODS PROVIDED FOR IN SUBSECTIONS (A) AND
12 (B).
13 (D) FAILURE TO DELIVER NOTICE.--UPON THE RETURN BY THE
14 POSTAL SERVICE OF ANY NOTICE WHICH IT HAS BEEN UNABLE TO DELIVER
15 AT THE GIVEN ADDRESS BECAUSE THE ADDRESSEE CANNOT BE FOUND THERE
16 OR UPON REPORT BY THE POSTAL SERVICE THAT ANY REGISTERED ELECTOR
17 DOES NOT RESIDE AT THE ADDRESS GIVEN ON THE REGISTRATION CARD,
18 THE COMMISSION SHALL DO ONE OF THE FOLLOWING:
19 (1) DIRECT AN AUTHORIZED EMPLOYEE TO VISIT IN PERSON THE
20 ADDRESS OF THE QUALIFIED ELECTOR AND, IF THE EMPLOYEE FINDS
21 THAT THE QUALIFIED ELECTOR DOES NOT RESIDE AT THE ADDRESS, TO
22 LEAVE AT THE ADDRESS THE NOTICE PRESCRIBED BY SUBSECTION (E).
23 (2) MAIL TO THE REGISTERED ELECTOR AT THE ADDRESS GIVEN
24 ON THE REGISTRATION CARD THE NOTICE PRESCRIBED BY SUBSECTION
25 (E). THE NOTICE SHALL BE SENT AS FIRST CLASS MAIL AND SHALL
26 CONTAIN ON THE OUTSIDE A REQUEST TO THE POSTMASTER TO FORWARD
27 IT IF THE ADDRESSEE DOES NOT RESIDE AT THE ADDRESS GIVEN
28 THEREON.
29 (E) COMMUNICATION WITH COMMISSION.--THE NOTICE STIPULATED BY
30 SUBSECTION (D) SHALL REQUIRE THE REGISTERED ELECTOR TO
20010S0607B1628 - 81 -
1 COMMUNICATE WITH THE COMMISSION BY A DATE DESIGNATED BY THE
2 COMMISSION, WHICH SHALL BE NOT LESS THAN TEN DAYS NOR MORE THAN
3 30 DAYS FROM THE SERVICE OR MAILING OF THE NOTICE AND, IN ANY
4 CASE, NOT LATER THAN THE 15TH DAY PRECEDING AN ELECTION, AND
5 SATISFY THE COMMISSION OF QUALIFICATIONS AS A QUALIFIED ELECTOR.
6 AT THE EXPIRATION OF THE TIME SPECIFIED IN THE NOTICE, THE
7 COMMISSION SHALL CANCEL THE REGISTRATION OF A PERSON WHO HAS NOT
8 COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS AS A
9 QUALIFIED ELECTOR, EXCEPT THAT, IF A REGISTERED ELECTOR WHO HAS
10 BEEN MAILED THE NOTICE PRESCRIBED BY THIS SUBSECTION
11 COMMUNICATES WITH THE COMMISSION CLAIMING THE RIGHT TO REMAIN
12 REGISTERED AT THE ADDRESS TO WHICH THE ORIGINAL NOTICE WAS
13 MAILED, THE COMMISSION SHALL INVESTIGATE AND, IF NOT SATISFIED
14 OF THE RIGHT OF THE REGISTERED ELECTOR TO REMAIN REGISTERED AT
15 THE ADDRESS, SHALL CANCEL THE REGISTRATION OF THE ELECTOR. EVERY
16 ELECTOR WHOSE REGISTRATION IS CANCELED UNDER THIS SECTION MUST
17 REGISTER IN THE MANNER PROVIDED BY THIS PART IN ORDER TO BE
18 ELIGIBLE TO VOTE AT ANY ELECTION.
19 (F) ELECTOR IN MILITARY SERVICE.--THE REGISTRATION OF A
20 PERSON IN MILITARY SERVICE SHALL NOT BE CANCELED BY REASON OF
21 THE FAILURE OF THE PERSON TO RESIDE AT THE ADDRESS APPEARING
22 UPON THE DISTRICT REGISTER IF THE PERSON RESIDED AT THE ADDRESS
23 ON THE DATE OF ENTERING MILITARY SERVICE.
24 § 1507. CANVASS OF REGISTERED ELECTORS.
25 (A) VERIFICATION.--THE COMMISSION MAY, BY INDIVIDUAL
26 COMMISSIONERS OR BY INSPECTORS OF REGISTRATION, VERIFY THE
27 REGISTRATION IN AN ELECTION DISTRICT BY VISITING EACH BUILDING
28 FROM WHICH AN ELECTOR IS REGISTERED AND OTHER BUILDINGS AS THE
29 COMMISSION DEEMS NECESSARY. THE COMMISSION SHALL MAKE A RECORD
30 OF THE NAME AND ADDRESS OF EACH PERSON REGISTERED WHO IS NOT
20010S0607B1628 - 82 -
1 FOUND TO RESIDE AT THE ADDRESS FROM WHICH THE PERSON IS
2 REGISTERED OR WHO FOR ANY OTHER REASON APPEARS TO BE NOT
3 QUALIFIED TO VOTE IN THE ELECTION DISTRICT FROM WHICH THE PERSON
4 IS REGISTERED. THE COMMISSION SHALL LEAVE AT THE ADDRESS OF EACH
5 SUCH PERSON THE NOTICE PRESCRIBED BY SECTION 1506(E) (RELATING
6 TO CHECKUP OF REGISTERS).
7 (B) ACTION.--AT THE EXPIRATION OF THE TIME SPECIFIED IN THE
8 NOTICE UNDER SECTION 1506(E), THE COMMISSION SHALL CANCEL OR
9 SUSPEND THE REGISTRATION OF EACH SUCH PERSON WHO HAS NOT
10 COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS AS AN
11 ELECTOR.
12 (C) SPECIAL INSPECTORS.--FOR THE PURPOSE OF FACILITATING A
13 CANVASS, THE COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
14 INSPECTORS OF REGISTRATION IN NUMBER NOT EXCEEDING DOUBLE THE
15 NUMBER OF ELECTION DISTRICTS WHICH THE COMMISSION DETERMINES TO
16 CANVASS. THEY MUST BE QUALIFIED ELECTORS OF THE COUNTY. THEY
17 SHALL BE APPOINTED WITHOUT REFERENCE TO RESIDENCE IN ELECTION
18 DISTRICTS OR TO THEIR POLITICAL AFFILIATIONS OR BELIEFS. THE
19 COMMISSION SHALL INSTRUCT EACH SPECIAL INSPECTOR IN DISCHARGING
20 DUTIES.
21 § 1508. COMPARISON AND CORRECTION OF REGISTERS.
22 COMMENCING 30 DAYS PRIOR TO EACH ELECTION, THE COMMISSION
23 SHALL COMPARE AND CORRECT THE GENERAL AND DISTRICT REGISTERS.
24 § 1509. PETITION TO STRIKE OFF NAMES.
25 (A) INITIATION.--AT ANY TIME NOT LATER THAN THE TENTH DAY
26 PRECEDING AN ELECTION, A QUALIFIED ELECTOR, INCLUDING ANY
27 WATCHER AND ANY REGISTRAR OR INSPECTOR OF REGISTRATION, MAY
28 PETITION THE COMMISSION TO CANCEL OR SUSPEND THE REGISTRATION OF
29 A REGISTERED ELECTOR. THE PETITION MUST SET FORTH, UNDER OATH OR
30 AFFIRMATION, ALL OF THE FOLLOWING:
20010S0607B1628 - 83 -
1 (1) SUFFICIENT GROUNDS FOR THE CANCELLATION OR
2 SUSPENSION.
3 (2) THAT:
4 (I) NOTICE OF THE TIME AND PLACE WHEN THE PETITION
5 WOULD BE PRESENTED HAS BEEN GIVEN PERSONALLY TO THE
6 REGISTERED ELECTOR AT LEAST 24 HOURS PRIOR TO THE
7 PRESENTATION OF THE PETITION; OR
8 (II) THE REGISTERED ELECTOR COULD NOT BE FOUND AT
9 THE PLACE GIVEN IN THE DISTRICT REGISTER AS RESIDENCE AND
10 THE PERSON IN CHARGE OF THAT PLACE, WHOSE NAME MUST BE
11 GIVEN IN THE PETITION, HAS DECLARED THAT THE PERSON WAS
12 WELL ACQUAINTED WITH THE NAMES OF ALL INDIVIDUALS
13 RESIDING AT THE PLACE AND THAT THE REGISTERED ELECTOR HAD
14 NEVER BEEN OR WAS NO LONGER ONE OF THEM OR THAT NO SUCH
15 INDIVIDUAL IS RESIDING AT THE ADDRESS.
16 (B) ACTION.--UPON RECEIPT OF A PETITION UNDER SUBSECTION
17 (A), THE COMMISSION SHALL CANCEL OR SUSPEND THE REGISTRATION OF
18 THE REGISTERED ELECTOR AND AMEND ACCORDINGLY THE GENERAL AND
19 DISTRICT REGISTERS AND OTHER RECORDS AFFECTED UNLESS THE
20 REGISTERED ELECTOR SO REGISTERED APPEARS AND SHOWS CAUSE WHY
21 THIS ACTION SHOULD NOT BE TAKEN.
22 § 1510. FAILURE TO VOTE.
23 (A) CHECK OF ELECTORS.--BY APRIL 1 OF EACH YEAR EXCEPT IN A
24 YEAR IN WHICH THE COMMISSION CONDUCTS A CHECK OF ELECTORS UNDER
25 SECTION 1506(C) (RELATING TO CHECKUP OF REGISTERS), THE
26 COMMISSION SHALL EXAMINE ALL OF THE DISTRICT REGISTERS.
27 (B) SUSPENSION.--A QUALIFIED ELECTOR WHO HAS BEEN REGISTERED
28 FOR A PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR
29 YEARS BUT WHO IS NOT RECORDED AS HAVING VOTED AT AN ELECTION
30 DURING THAT PERIOD IS SUBJECT TO SUSPENSION OF REGISTRATION IN
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1 ACCORDANCE WITH THE FOLLOWING PROCEDURE:
2 (1) IF A REGISTERED ELECTOR WHO HAS BEEN REGISTERED FOR
3 A PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR YEARS
4 IS NOT RECORDED AS HAVING VOTED AT AN ELECTION DURING THAT
5 PERIOD, THE COMMISSION SHALL SEND TO THE REGISTERED ELECTOR
6 BY MAIL, AT THE ADDRESS APPEARING UPON THE REGISTRATION CARD,
7 A NOTICE SETTING FORTH THAT THE RECORDS OF THE COMMISSION
8 INDICATE THAT THE REGISTERED ELECTOR HAS NOT VOTED DURING THE
9 TWO IMMEDIATELY PRECEDING CALENDAR YEARS AND THAT THE
10 REGISTERED ELECTOR'S REGISTRATION WILL BE CANCELED AT THE
11 EXPIRATION OF 30 DAYS FROM THE DATE OF MAILING THE NOTICE
12 UNLESS THE REGISTERED ELECTOR, WITHIN THAT PERIOD, FILES WITH
13 THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
14 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A REMOVAL NOTICE
15 PROPERLY EXECUTED SETTING FORTH THE REGISTERED ELECTOR'S
16 PLACE OF RESIDENCE AND SIGNED BY THE REGISTERED ELECTOR.
17 (2) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
18 NOTICE UNDER PARAGRAPH (1), THE REGISTERED ELECTOR MUST FILE
19 WITH THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
20 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A PROPERLY
21 EXECUTED REMOVAL NOTICE WHICH SETS FORTH THE REGISTERED
22 ELECTOR'S PLACE OF RESIDENCE AND WHICH IS SIGNED BY THE
23 REGISTERED ELECTOR. THE OFFICIAL REGISTRATION APPLICATION
24 CARD OF A REGISTERED ELECTOR WHO HAS REGISTERED BY MAIL
25 QUALIFIES AS A REQUEST FOR REINSTATEMENT OF REGISTRATION OR A
26 REMOVAL NOTICE UNDER THIS PARAGRAPH.
27 (3) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
28 NOTICE UNDER PARAGRAPH (1), THE COMMISSION SHALL CANCEL THE
29 REGISTRATION OF A REGISTERED ELECTOR WHO HAS NOT COMPLIED
30 WITH PARAGRAPH (2).
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1 (C) EFFECT.--CANCELLATION OF REGISTRATION UNDER THIS SECTION
2 SHALL NOT AFFECT THE RIGHT OF A QUALIFIED ELECTOR TO
3 SUBSEQUENTLY REGISTER IN THE MANNER PROVIDED BY THIS PART.
4 § 1511. CANCELLATION, REMOVAL AND PRESERVATION OF REGISTRATION
5 RECORDS.
6 (A) GENERAL RULE.--IF THE REGISTRATION OF A REGISTERED
7 ELECTOR IS CANCELED FOR ANY CAUSE, THE COMMISSION SHALL MARK ON
8 THE REGISTRATION RECORD OF THE ELECTOR THE WORD "CANCELED" AND
9 THE DATE AND CAUSE OF CANCELLATION AND SHALL REMOVE THEM FROM
10 THE GENERAL AND DISTRICT REGISTERS. SUCH RECORD SHALL BE KEPT
11 FOR FIVE YEARS, AFTER WHICH THE COMMISSION MAY DESTROY IT.
12 (B) NONESSENTIAL RECORDS.--ALL RECORDS WHICH ARE NOT
13 ESSENTIAL FOR MAINTAINING THE CURRENT STATUS OF A REGISTERED
14 ELECTOR MAY BE DESTROYED BY THE COMMISSION AFTER THREE YEARS.
15 § 1512. CORRECTION OF ERRORS IN CANCELLATION OR SUSPENSION.
16 IF THE REGISTRATION OF A REGISTERED ELECTOR HAS BEEN CANCELED
17 OR SUSPENDED THROUGH ERROR, THE REGISTERED ELECTOR MAY PETITION
18 THE COMMISSION FOR REINSTATEMENT OF REGISTRATION NOT LATER THAN
19 THE TENTH DAY PRECEDING AN ELECTION. AFTER A HEARING ON THE
20 APPLICATION, IF ERROR ON THE PART OF THE COMMISSION IS PROVED,
21 THE COMMISSION SHALL REINSTATE THE REGISTRATION.
22 § 1513. APPLICABILITY OF PROVISIONS.
23 (A) SUSPENSION.--TO THE EXTENT THAT THE SECRETARY OF THE
24 COMMONWEALTH DETERMINES THAT THE NATIONAL VOTER REGISTRATION ACT
25 OF 1993 (PUBLIC LAW 103-31, 42 U.S.C. § 1973GG ET SEQ.)
26 PROHIBITS THE CANCELLATION OF REGISTRATION FOR ELECTIONS FOR
27 FEDERAL OFFICE BECAUSE OF A FAILURE TO VOTE AS PROVIDED IN
28 SECTION 1510 (RELATING TO FAILURE TO VOTE), THE PROVISIONS OF
29 SECTIONS 1506 (RELATING TO CHECKUP OF REGISTERS) THROUGH 1512
30 (RELATING TO CORRECTION OF ERRORS IN CANCELLATION OR SUSPENSION)
20010S0607B1628 - 86 -
1 ARE SUSPENDED. THE SUSPENSION SHALL BECOME EFFECTIVE UPON
2 PUBLICATION OF NOTICE OF THE DETERMINATION IN THE PENNSYLVANIA
3 BULLETIN.
4 (B) EFFECT OF SUSPENSION.--SHOULD THE PROVISIONS OF SECTIONS
5 1506 THROUGH 1512 BE SUSPENDED AS PROVIDED IN SUBSECTION (A),
6 THE PROVISIONS OF CHAPTER 19 (RELATING TO PROVISIONS CONTINGENT
7 ON FEDERAL LAW) SHALL BE EFFECTIVE DURING THE PERIOD OF
8 SUSPENSION.
9 § 1514. CONVERSION OF REGISTRATION RECORDS.
10 THE DEPARTMENT SHALL CONVERT THE REGISTRATION RECORDS OF EACH
11 COMMISSION IN ACCORDANCE WITH SECTION 1222 (RELATING TO SURE
12 SYSTEM). IN CONVERTING THE REGISTRATION RECORDS OF EACH
13 COMMISSION, THE DEPARTMENT SHALL ASSIGN EACH REGISTERED ELECTOR
14 A SURE REGISTRATION NUMBER WHICH THE COMMISSION SHALL ADD TO THE
15 REGISTRATION RECORDS OF THE REGISTERED ELECTOR.
16 CHAPTER 16
17 COMMISSION PROCEEDINGS AND JUDICIAL REVIEW
18 SEC.
19 1601. SUBPOENAS AND WITNESS FEES.
20 1602. COURT OF COMMON PLEAS.
21 1603. COMMISSION DUTIES.
22 § 1601. SUBPOENAS AND WITNESS FEES.
23 (A) AUTHORIZATION.--A COMMISSION MAY ISSUE A SUBPOENA.
24 (B) FORM AND EFFECT.--A SUBPOENA UNDER SUBSECTION (A) SHALL
25 BE IN SUBSTANTIALLY THE SAME FORM AND HAVE THE SAME FORCE AND
26 EFFECT AS A SUBPOENA ISSUED BY A COURT OF COMMON PLEAS. THE
27 COMMISSION SHALL HAVE THE BENEFIT OF THE PROCESS OF THE
28 APPROPRIATE COURT OF COMMON PLEAS IF NECESSARY TO ENFORCE A
29 SUBPOENA.
30 (C) BENEFIT.--A SUBPOENA MAY BE ISSUED AS FOLLOWS:
20010S0607B1628 - 87 -
1 (1) UPON THE MOTION OF A COMMISSION.
2 (2) UPON MOTION OF A PARTY BEFORE A COMMISSION. A
3 SUBPOENA UNDER THIS PARAGRAPH IS ONLY VALID FOR ONE DAY. IT
4 MUST BE RENEWED BY 4 P.M. FOR THE NEXT DAY.
5 (D) FEES.--
6 (1) WITNESSES SUBPOENAED UNDER THIS SECTION SHALL BE
7 COMPENSATED UNDER 42 PA.C.S. § 5903 (RELATING TO COMPENSATION
8 AND EXPENSES OF WITNESSES).
9 (2) WITNESSES SUBPOENAED UNDER SUBSECTION (C)(1) SHALL
10 BE PAID BY COMMISSION FUNDS.
11 (3) WITNESSES SUBPOENAED UNDER SUBSECTION (C)(2) SHALL
12 BE PAID BY THE PARTY. NO SUBPOENA SHALL BE ISSUED UNDER
13 SUBSECTION (C)(2) UNTIL THE PARTY PAYS THE COMMISSION A FEE
14 OF $10 FOR ISSUING THE SAME AND DEPOSITS WITH THE COMMISSION
15 ONE DAY'S WITNESS FEES FOR EACH WITNESS TO BE SUMMONED.
16 (4) AS SOON AS CONVENIENT AFTER A HEARING IS CONCLUDED
17 OR CONTINUED, THE COMMISSION SHALL PAY WITNESSES UNDER
18 PARAGRAPHS (2) AND (3). UNEARNED FEES DEPOSITED UNDER
19 PARAGRAPH (3) SHALL BE REFUNDED TO THE DEPOSITING PARTY.
20 (5) IF THE PETITION OF THE ELECTOR IS SUSTAINED, THE
21 COMMISSION SHALL PAY TO THE ELECTOR ALL COSTS PAID ON THE
22 ELECTOR'S BEHALF.
23 (E) COMMISSION FUNDS.--A COMMISSION SHALL PAY OVER TO THE
24 COUNTY TREASURER FEES RECEIVED UNDER SUBSECTION (D)(3). THE
25 ACCOUNTS OF THE COMMISSION RESPECTING PAYMENTS UNDER SUBSECTION
26 (D)(2) SHALL BE SUBJECT TO AUDIT BY THE COUNTY CONTROLLER.
27 § 1602. COURT OF COMMON PLEAS.
28 (A) STANDING.--THE FOLLOWING HAVE STANDING TO APPEAL AN
29 ACTION OF A COMMISSION TO THE APPROPRIATE COURT OF COMMON PLEAS:
30 (1) AN APPLICANT WHOSE CLAIM FOR REGISTRATION HAS BEEN
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1 DENIED.
2 (2) AN INDIVIDUAL WHOSE REGISTRATION HAS BEEN CANCELED
3 BY A COMMISSION.
4 (3) A QUALIFIED ELECTOR OF A MUNICIPALITY WHOSE RIGHTS
5 ARE IMPAIRED BY ANY GENERAL ORDER MADE BY A COMMISSION.
6 (B) TIME.--AN APPEAL UNDER SUBSECTION (A) MUST BE MADE BY
7 THE SEVENTH DAY PRECEDING AN ELECTION.
8 (C) GROUNDS.--THE APPEAL MUST REQUEST RELIEF AND SET FORTH
9 THE GROUNDS FOR RELIEF.
10 (D) HEARING.--UPON TIMELY RECEIPT OF AN APPEAL UNDER THIS
11 SECTION, THE COURT SHALL CONDUCT A HEARING.
12 (E) ORDER.--IF THE COURT FINDS THAT AN INJUSTICE HAS BEEN
13 DONE, IT SHALL REVERSE OR MODIFY THE RULING OF THE COMMISSION
14 AND ISSUE APPROPRIATE INJUNCTIVE RELIEF.
15 (F) COSTS.--
16 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE COURT MAY
17 AWARD COSTS FOR THE APPEAL TO THE PREVAILING PARTY.
18 (2) COSTS MAY NOT BE ASSESSED AGAINST A COMMISSION OR A
19 COUNTY.
20 § 1603. COMMISSION DUTIES.
21 IN AN APPEAL UNDER SECTION 1602 (RELATING TO COURT OF COMMON
22 PLEAS), THE REGISTRATION COMMISSION SHALL PRODUCE ANY PETITION,
23 REGISTER OR OTHER RECORD IN ITS CUSTODY RELEVANT TO THE ISSUE
24 INVOLVED.
25 CHAPTER 17
26 PENALTIES
27 SEC.
28 1701. LAWFUL ORDERS.
29 1702. REGISTRATION.
30 1703. APPLICATION.
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1 1704. ALTERING REGISTRATION.
2 1705. VOTES.
3 1706. DUTIES UNDER PART.
4 1707. OFFICIAL DOCUMENTS AND ELECTRONIC RECORDS.
5 1708. WITHHOLDING INFORMATION.
6 1709. LAW ENFORCEMENT ASSISTANCE.
7 1710. INTERFERENCE.
8 1711. PREVENTING REGISTRATION.
9 1712. APPROVAL OF REGISTRATION.
10 1713. SOLICITATION OF REGISTRATION.
11 1714. CRIMES CODE.
12 § 1701. LAWFUL ORDERS.
13 A PERSON WHO INTENTIONALLY DISOBEYS A LAWFUL ORDER OF A
14 REGISTRATION COMMISSION OR A COMMISSIONER COMMITS A MISDEMEANOR
15 OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO
16 PAY A FINE OF NOT MORE THAN $2,500.
17 § 1702. REGISTRATION.
18 (A) IMPROPER.--A REGISTRAR, COMMISSIONER OR CLERK WHO
19 KNOWINGLY REGISTERS OR PERMITS THE REGISTRATION OF AN APPLICANT
20 NOT LAWFULLY ENTITLED TO BE REGISTERED COMMITS A MISDEMEANOR OF
21 THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
22 A FINE OF NOT MORE THAN $10,000 OR TO IMPRISONMENT FOR NOT MORE
23 THAN FIVE YEARS, OR BOTH.
24 (B) DENIAL.--A REGISTRAR, COMMISSIONER OR CLERK WHO, WITHOUT
25 REASONABLE CAUSE, REFUSES TO REGISTER A QUALIFIED ELECTOR
26 LAWFULLY ENTITLED TO BE REGISTERED COMMITS A MISDEMEANOR OF THE
27 FIRST DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
28 FINE OF NOT MORE THAN $10,000 OR TO IMPRISONMENT FOR NOT MORE
29 THAN FIVE YEARS, OR BOTH.
30 § 1703. APPLICATION.
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1 (A) PROHIBITION.--AN INDIVIDUAL MAY NOT DO ANY OF THE
2 FOLLOWING:
3 (1) APPLY FOR REGISTRATION WITH KNOWLEDGE OR REASON TO
4 KNOW THAT THE INDIVIDUAL IS NOT ENTITLED TO REGISTRATION.
5 (2) APPLY FOR A CHANGE OF RESIDENCE WITH KNOWLEDGE OR
6 REASON TO KNOW THAT THE INDIVIDUAL IS NOT ENTITLED TO THE
7 CHANGE.
8 (3) DECLARE AS RESIDENCE A PLACE OR ADDRESS WHICH THE
9 INDIVIDUAL KNOWS IS NOT THE INDIVIDUAL'S LEGAL RESIDENCE.
10 (4) INTENTIONALLY IMPERSONATE ANOTHER IN AN APPLICATION
11 FOR REGISTRATION.
12 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
13 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
14 SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000 OR TO
15 IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH, AND TO
16 FORFEIT THE RIGHT OF SUFFRAGE FOR TEN YEARS.
17 § 1704. ALTERING REGISTRATION.
18 (A) PROHIBITION.--NO REGISTRAR, COMMISSIONER, CLERK OR
19 ASSISTANT OR COMMISSION EMPLOYEE MAY DO ANY OF THE FOLLOWING:
20 (1) INTENTIONALLY INSERT OR PERMIT TO BE INSERTED AN
21 ENTRY IN A REGISTRATION RECORD WITHOUT A PROPER APPLICATION
22 UNDER THIS PART OR WITHOUT REQUIRING THE PROPER EVIDENCE OF
23 THE RIGHT OF THE APPLICANT TO BE REGISTERED.
24 (2) INTENTIONALLY MATERIALLY ALTER A REGISTRATION RECORD
25 AFTER THE ENTRIES HAVE BEEN MADE UNLESS THE ALTERATION IS IN
26 ACCORDANCE WITH THIS PART. THIS PARAGRAPH DOES NOT APPLY TO
27 AN ALTERATION PURSUANT TO AN ORDER OF A COURT OF COMMON PLEAS
28 OR OF A COMMISSION.
29 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
30 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
20010S0607B1628 - 91 -
1 SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000 OR TO
2 IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH.
3 § 1705. VOTES.
4 (A) PROHIBITION.--AN ELECTION OFFICER MAY NOT DO ANY OF THE
5 FOLLOWING:
6 (1) KNOWINGLY REFUSE THE VOTE OF A REGISTERED ELECTOR.
7 (2) KNOWINGLY ACCEPT THE VOTE OF AN INDIVIDUAL NOT
8 REGISTERED UNDER THIS PART. THIS PARAGRAPH DOES NOT APPLY TO
9 A PERSON IN ACTUAL MILITARY SERVICE OR AN INDIVIDUAL HAVING
10 AN ORDER OF COURT.
11 (3) KNOWINGLY RECEIVE A VOTE FROM A PERSON FALSELY
12 CLAIMING TO BE A REGISTERED ELECTOR.
13 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
14 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
15 SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000 OR TO
16 IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH.
17 § 1706. DUTIES UNDER PART.
18 ANY COMMISSIONER, REGISTRAR, CLERK, INSPECTOR OF
19 REGISTRATION, COMMISSION OFFICER, COMMISSION ASSISTANT,
20 COMMISSION EMPLOYEE, INDIVIDUAL, PARTNERSHIP OR CORPORATION THAT
21 INTENTIONALLY DELAYS, NEGLECTS OR REFUSES TO PERFORM A DUTY
22 IMPOSED BY THIS PART COMMITS A MISDEMEANOR OF THE SECOND DEGREE
23 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
24 MORE THAN $5,000 OR TO IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
25 OR BOTH.
26 § 1707. OFFICIAL DOCUMENTS AND ELECTRONIC RECORDS.
27 (A) PROHIBITION.--A PERSON MAY NOT DO ANY OF THE FOLLOWING:
28 (1) INTENTIONALLY INSERT OR PERMIT TO BE INSERTED A
29 MATERIAL ENTRY IN ANY REGISTRATION RECORD, THE SURE SYSTEM
30 STREET LIST, AFFIDAVIT, PETITION, SUBPOENA, CERTIFICATE,
20010S0607B1628 - 92 -
1 REPORT OR OTHER RECORD, AUTHORIZED OR REQUIRED BY THIS PART
2 TO BE MADE OR PREPARED FOR A PURPOSE SET FORTH IN THIS PART,
3 WHICH ENTRY IS NOT IN ACCORDANCE WITH THIS PART.
4 (2) INTENTIONALLY MATERIALLY ALTER OR INTENTIONALLY
5 DESTROY AN ENTRY WHICH HAS BEEN MADE IN A REGISTRATION
6 RECORD, THE SURE SYSTEM, A STREET LIST, AN AFFIDAVIT, A
7 PETITION, A SUBPOENA, A CERTIFICATE, A REPORT OR ANOTHER
8 RECORD, AUTHORIZED OR REQUIRED BY THIS PART TO BE MADE OR
9 PREPARED FOR A PURPOSE SET FORTH IN THIS PART, UNLESS THE
10 ALTERATION OR DESTRUCTION IS NOT IN ACCORDANCE WITH THIS
11 PART.
12 (3) REMOVE A RECORD FROM LAWFUL CUSTODY WITH THE INTENT
13 TO PREVENT THE RECORD FROM BEING USED, INSPECTED OR COPIED.
14 (4) ACCESS THE SURE SYSTEM, ITS COMPONENT PARTS, OR ANY
15 OTHER OFFICIAL DOCUMENTS OR RECORDS WITHOUT LAWFUL
16 AUTHORIZATION OR WITH THE INTENT TO PUBLICIZE OR OTHERWISE
17 UNLAWFULLY MISUSE THE EQUIPMENT OR INFORMATION CONTAINED
18 THEREIN.
19 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
20 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
21 SENTENCED TO PAY A FINE OF NOT MORE THAN $6,000 OR TO
22 IMPRISONMENT FOR NOT MORE THAN THREE YEARS, OR BOTH.
23 § 1708. WITHHOLDING INFORMATION.
24 A PERSON WHO INTENTIONALLY REFUSES TO FURNISH TO A
25 COMMISSIONER OR AN INSPECTOR OF REGISTRATION INFORMATION OR
26 DOCUMENTS WHICH THE COMMISSIONER OR INSPECTOR IS AUTHORIZED TO
27 HAVE UNDER THIS PART COMMITS A MISDEMEANOR OF THE SECOND DEGREE
28 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
29 MORE THAN $5,000 OR TO IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
30 OR BOTH.
20010S0607B1628 - 93 -
1 § 1709. LAW ENFORCEMENT ASSISTANCE.
2 A LAW ENFORCEMENT OFFICER WHO, UPON DEMAND OF ANY
3 COMMISSIONER OR INSPECTOR OF REGISTRATION, OR OF THE SECRETARY,
4 FAILS TO RENDER DEMANDED ASSISTANCE IN THE MAINTENANCE OF PEACE
5 AND IN THE MAKING OF ARRESTS WITHOUT WARRANT AS PROVIDED IN THIS
6 PART OR WHO INTENTIONALLY HINDERS OR ATTEMPTS TO HINDER ANY
7 COMMISSIONER, INSPECTOR OF REGISTRATION OR THE SECRETARY IN THE
8 PERFORMANCE OF A DUTY COMMITS A MISDEMEANOR OF THE SECOND DEGREE
9 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
10 MORE THAN $5,000 OR TO IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
11 OR BOTH.
12 § 1710. INTERFERENCE.
13 A PERSON WHO INTENTIONALLY INTERFERES WITH ANY OTHER PERSON
14 IN THE PERFORMANCE OF ANY ACT OR DUTY AUTHORIZED OR IMPOSED BY
15 THIS PART COMMITS A MISDEMEANOR OF THE SECOND DEGREE AND SHALL,
16 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN
17 $5,000 OR TO IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BOTH.
18 § 1711. PREVENTING REGISTRATION.
19 (A) PROHIBITION.--NO PERSON MAY DO ANY OF THE FOLLOWING:
20 (1) KNOWINGLY AND INTENTIONALLY PREVENT AN APPLICANT WHO
21 IS A QUALIFIED ELECTOR FROM BEING REGISTERED.
22 (2) BY COERCION, THREATS OF BODILY INJURY OR
23 INTIMIDATION, INTENTIONALLY PREVENT OR ATTEMPT TO PREVENT AN
24 APPLICANT WHO IS A QUALIFIED ELECTOR FROM BEING REGISTERED OR
25 A REGISTERED ELECTOR FROM CHANGING POLITICAL ENROLLMENT IN
26 ACCORDANCE WITH THE PROVISIONS OF THIS PART.
27 (3) INTENTIONALLY GIVE OR PROMISE OR OFFER TO GIVE MONEY
28 OR GOODS TO AN INDIVIDUAL AS AN INDUCEMENT FOR THE INDIVIDUAL
29 TO ENROLL IN A PARTICULAR PARTY OR FOR A REGISTRANT TO CHANGE
30 POLITICAL ENROLLMENT.
20010S0607B1628 - 94 -
1 (4) PREVENT A RECORD FROM BEING USED, INSPECTED OR
2 COPIED.
3 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
4 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
5 SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000 OR TO
6 IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH.
7 § 1712. APPROVAL OF REGISTRATION.
8 (A) PROHIBITION.--A PERSON MAY NOT DO ANY OF THE FOLLOWING:
9 (1) INTENTIONALLY ALTER A PARTY DESIGNATION WITHOUT A
10 REQUEST FROM THE REGISTERED ELECTOR.
11 (2) INTENTIONALLY FAIL TO MAKE A TRANSMISSION UNDER
12 SECTION 1328 (RELATING TO APPROVAL OF REGISTRATION
13 APPLICATIONS).
14 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
15 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
16 SENTENCED TO PAY A FINE OF $2,500 OR TO IMPRISONMENT FOR NOT
17 MORE THAN ONE YEAR, OR BOTH.
18 § 1713. SOLICITATION OF REGISTRATION.
19 (A) PROHIBITION.--A PERSON MAY NOT GIVE, SOLICIT OR ACCEPT
20 PAYMENT OR FINANCIAL INCENTIVE TO OBTAIN A VOTER REGISTRATION IF
21 THE PAYMENT OR INCENTIVE IS BASED UPON THE NUMBER OF
22 REGISTRATIONS OR APPLICATIONS OBTAINED.
23 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
24 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
25 SENTENCED TO PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
26 $2,500 OR TO IMPRISONMENT FOR NOT LESS THAN ONE MONTH NOR MORE
27 THAN ONE YEAR, OR BOTH.
28 § 1714. CRIMES CODE.
29 THE PROVISIONS OF 18 PA.C.S. §§ 4902 (RELATING TO PERJURY),
30 4903 (RELATING TO FALSE SWEARING) AND 4904 (RELATING TO UNSWORN
20010S0607B1628 - 95 -
1 FALSIFICATION TO AUTHORITIES) APPLY TO VIOLATIONS OF THIS PART.
2 CHAPTER 18
3 ENFORCEMENT
4 SEC.
5 1801. ATTORNEY GENERAL.
6 1802. DISTRICT ATTORNEYS.
7 1803. POWER OF DEPARTMENT.
8 1804. RELIEF.
9 § 1801. ATTORNEY GENERAL.
10 (A) INVESTIGATION.--THE SECRETARY SHALL INVESTIGATE ALLEGED
11 VIOLATIONS OF SECTIONS 1323 (RELATING TO APPLICATION WITH
12 DRIVER'S LICENSE APPLICATION) AND 1325 (RELATING TO GOVERNMENT
13 AGENCIES) AND REPORT APPARENT VIOLATIONS TO THE ATTORNEY
14 GENERAL.
15 (B) PROSECUTION.--UNDER SECTION 205(A)(6) OF THE ACT OF
16 OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
17 ATTORNEYS ACT, THE ATTORNEY GENERAL SHALL HAVE PROSECUTORIAL
18 JURISDICTION OVER VIOLATIONS REPORTED UNDER SUBSECTION (A).
19 (C) NOTIFICATIONS.--THE ATTORNEY GENERAL SHALL NOTIFY THE
20 STATE TREASURER IN ACCORDANCE WITH SECTION 1804(B) (RELATING TO
21 RELIEF) IF THE SECRETARY FAILS TO NOTIFY THE STATE TREASURER AS
22 REQUIRED BY SECTION 1803(B) (RELATING TO POWER OF DEPARTMENT).
23 § 1802. DISTRICT ATTORNEYS.
24 (A) INVESTIGATION.--EXCEPT AS PROVIDED IN SECTION 1801
25 (RELATING TO ATTORNEY GENERAL), EACH COMMISSION SHALL
26 INVESTIGATE ALLEGED VIOLATIONS OF THIS PART WITHIN ITS COUNTY
27 AND REPORT APPARENT VIOLATIONS TO THE DISTRICT ATTORNEY OF THE
28 COUNTY.
29 (B) PROSECUTION.--SUBJECT TO SECTION 205(A)(3) THROUGH (5)
30 OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
20010S0607B1628 - 96 -
1 COMMONWEALTH ATTORNEYS ACT, THE DISTRICT ATTORNEY SHALL HAVE
2 PROSECUTORIAL JURISDICTION OVER VIOLATIONS REPORTED UNDER
3 SUBSECTION (A).
4 § 1803. POWER OF DEPARTMENT.
5 (A) GENERAL RULE.--THE DEPARTMENT SHALL HAVE THE AUTHORITY
6 TO TAKE ANY ACTIONS, INCLUDING THE AUTHORITY TO AUDIT THE
7 REGISTRATION RECORDS OF A COMMISSION, WHICH ARE NECESSARY TO
8 ENSURE COMPLIANCE AND PARTICIPATION BY THE COMMISSIONS.
9 (B) NOTIFICATIONS.--THE SECRETARY SHALL NOTIFY THE STATE
10 TREASURER TO WITHHOLD FUNDS IN ACCORDANCE WITH SECTION 1804(B)
11 (RELATING TO RELIEF) IF A COMMISSION FAILS OR REFUSES TO COMPLY
12 WITH THE PROVISIONS OF THIS PART.
13 § 1804. RELIEF.
14 (A) INJUNCTIVE.--IN THE EVENT THAT A COMMISSION FAILS TO
15 ADHERE TO ANY PROVISION OF THIS PART, THE SECRETARY IS
16 AUTHORIZED TO SEEK DECLARATORY AND INJUNCTIVE RELIEF IN
17 COMMONWEALTH COURT.
18 (B) WITHHOLDING OF APPROPRIATIONS.--IN ACCORDANCE WITH
19 SECTIONS 1801 (RELATING TO ATTORNEY GENERAL) AND 1803 (RELATING
20 TO POWER OF DEPARTMENT) AND IN ADDITION TO ANY REMEDY PROVIDED
21 IN SUBSECTION (A), THE STATE TREASURER SHALL, UPON NOTIFICATION,
22 WITHHOLD ANY PART OR ALL OF THE STATE APPROPRIATIONS TO WHICH A
23 COUNTY IS ENTITLED, INCLUDING FUNDING FOR THE COURT OF COMMON
24 PLEAS BUT EXCLUDING FUNDING FOR HUMAN SERVICES.
25 CHAPTER 19
26 PROVISIONS CONTINGENT ON FEDERAL LAW
27 SEC.
28 1901. REMOVAL OF ELECTORS.
29 1902. PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
30 NOTIFICATION CARD.
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1 1903. INCORRECT RECORDS.
2 1904. FILES.
3 1905. ERRORS IN CANCELLATION.
4 1906. TERMINATION OF CHAPTER.
5 § 1901. REMOVAL OF ELECTORS.
6 (A) REMOVAL OF ELECTOR'S REGISTRATION RECORD.--COMMISSIONS
7 SHALL INSTITUTE A PROGRAM TO PROTECT THE INTEGRITY OF THE
8 ELECTORAL PROCESS AND TO ENSURE THE MAINTENANCE OF ACCURATE AND
9 CURRENT REGISTRATION RECORDS. THE PROGRAM SHALL BE UNIFORM,
10 NONDISCRIMINATORY AND IN COMPLIANCE WITH THE VOTING RIGHTS ACT
11 OF 1965 (PUBLIC LAW 89-110, 42 U.S.C. § 1973 ET SEQ.). AN
12 ELECTOR'S REGISTRATION SHALL NOT BE CANCELED EXCEPT AS FOLLOWS:
13 (1) AT THE REQUEST OF THE ELECTOR.
14 (2) UPON THE DEATH OF THE ELECTOR UNDER SECTION 1505
15 (RELATING TO DEPARTMENT OF HEALTH).
16 (3) UPON CONFIRMATION THAT THE ELECTOR HAS MOVED TO A
17 RESIDENCE OUTSIDE THE COUNTY.
18 (4) UNDER A VOTER REMOVAL PROGRAM AS PROVIDED FOR UNDER
19 SUBSECTION (B), AND IN COMPLIANCE WITH THE NATIONAL VOTER
20 REGISTRATION ACT OF 1993 (PUBLIC LAW 103-31, 42 U.S.C. §
21 1973GG ET SEQ.).
22 (B) VOTER REMOVAL PROGRAM.--
23 (1) EACH COMMISSION SHALL ESTABLISH A PROGRAM TO
24 IDENTIFY REGISTERED ELECTORS WHOSE ADDRESS MAY HAVE CHANGED
25 BY ESTABLISHING ONE OF THE FOLLOWING PROGRAMS:
26 (I) NATIONAL CHANGE OF ADDRESS. THE SECRETARY SHALL
27 ESTABLISH BY REGULATION A PROGRAM WHEREBY INFORMATION
28 SUPPLIED BY THE UNITED STATES POSTAL SERVICE THROUGH ITS
29 LICENSEES IS USED ON A PERIODIC BASIS, BUT NOT LESS THAN
30 ONCE EVERY CALENDAR YEAR, TO IDENTIFY REGISTERED ELECTORS
20010S0607B1628 - 98 -
1 WHO MAY HAVE CHANGED ADDRESSES. THE INFORMATION SHALL BE
2 INCORPORATED IN THE SURE SYSTEM AND SHALL BE FORWARDED TO
3 THE COMMISSIONS IN A MANNER DETERMINED BY THE SECRETARY
4 BY REGULATION.
5 (A) IF IT APPEARS FROM THE INFORMATION PROVIDED
6 THROUGH THE UNITED STATES POSTAL SERVICE THAT A
7 REGISTERED ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE
8 ADDRESS WITHIN THE SAME COUNTY AS THE ELECTOR IS
9 CURRENTLY REGISTERED, THE COMMISSION SHALL CHANGE THE
10 REGISTRATION RECORDS TO SHOW THE NEW ADDRESS AND
11 SHALL SEND THE ELECTOR, TO THE ADDRESS RECORDED ON
12 THE ELECTOR'S REGISTRATION, A NOTICE OF THE CHANGE OF
13 ADDRESS BY FORWARDABLE MAIL AND A POSTAGE PREPAID,
14 PREADDRESSED RETURN FORM BY WHICH THE ELECTOR MAY
15 VERIFY OR CORRECT THE ADDRESS INFORMATION.
16 (B) IF IT APPEARS FROM THE INFORMATION PROVIDED
17 THROUGH THE UNITED STATES POSTAL SERVICE THAT A
18 REGISTERED ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE
19 ADDRESS OUTSIDE THE COUNTY, THE COMMISSION SHALL USE
20 THE NOTICE PROCEDURE DESCRIBED IN CLAUSE (A).
21 (II) CONFIRMATION MAILING:
22 (A) A COMMISSION MAY ESTABLISH A PROGRAM BY
23 SENDING A DIRECT, NONFORWARDABLE FIRST CLASS "RETURN
24 IF UNDELIVERABLE - ADDRESS CORRECTION REQUESTED"
25 MAILING TO ALL REGISTERED ELECTORS IN THE COUNTY.
26 (B) IF THIS PROGRAM IS ESTABLISHED, THE
27 COMMISSION SHALL USE THE NOTICE PROCEDURE DESCRIBED
28 IN SUBPARAGRAPH (I)(A) FOR ANY REGISTERED ELECTOR
29 WHOSE MAILING IS RETURNED UNDELIVERABLE.
30 (2) IN CONJUNCTION WITH AND NOT AS AN ALTERNATIVE TO A
20010S0607B1628 - 99 -
1 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), A COMMISSION MAY USE
2 A CANVASS AS FOLLOWS:
3 (I) THE COMMISSION MAY, BY COMMISSIONERS OR BY
4 INSPECTORS OF REGISTRATION, VERIFY THE REGISTRATION IN AN
5 ELECTION DISTRICT BY VISITING THE BUILDING FROM WHICH AN
6 ELECTOR IS REGISTERED AND OTHER BUILDINGS AS THE
7 COMMISSION DEEMS NECESSARY.
8 (II) THE COMMISSION SHALL MAKE A RECORD OF THE NAME
9 AND ADDRESS OF EACH REGISTERED ELECTOR WHO IS FOUND NOT
10 TO RESIDE AT THE REGISTERED ADDRESS OR WHO FOR ANY OTHER
11 REASON APPEARS TO BE NOT QUALIFIED TO VOTE IN THE
12 REGISTERED ELECTION DISTRICT.
13 (III) THE COMMISSION SHALL LEAVE AT THE ADDRESS OF
14 EACH REGISTERED ELECTOR REFERRED TO IN SUBPARAGRAPH (II)
15 A NOTICE REQUIRING HIM TO COMMUNICATE WITH THE COMMISSION
16 ON OR BEFORE A DATE WHICH THE COMMISSION SHALL DESIGNATE,
17 AND WHICH SHALL BE NOT LESS THAN SEVEN DAYS AND NOT MORE
18 THAN 15 DAYS FROM THE DATE OF THE NOTICE AND IN ANY CASE
19 NOT LATER THAN THE 15TH DAY PRECEDING THE ELECTION NEXT
20 ENSUING, AND SATISFY THE COMMISSION OF HIS QUALIFICATIONS
21 AS AN ELECTOR. THE COMMISSION SHALL CAUSE A CONFIRMATION
22 OF EACH SUCH NOTICE TO BE SENT BY MAIL PROMPTLY TO THE
23 REGISTERED ELECTOR AT THE ADDRESS FROM WHICH HE IS
24 REGISTERED. THE ENVELOPE CONTAINING SUCH INFORMATION IS
25 TO BE PLAINLY MARKED THAT IT IS NOT TO BE FORWARDED. AT
26 THE EXPIRATION OF THE TIME SPECIFIED IN THE NOTICE, THE
27 COMMISSION SHALL CANCEL THE REGISTRATION OF THE
28 REGISTERED ELECTOR WHO HAS NOT COMMUNICATED WITH THE
29 COMMISSION AND PROVED HIS QUALIFICATIONS AS A REGISTERED
30 ELECTOR.
20010S0607B1628 - 100 -
1 (IV) TO FACILITATE THE CANVASS UNDER THIS SECTION, A
2 COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
3 INSPECTORS OF REGISTRATION, IN NUMBER NOT EXCEEDING
4 DOUBLE THE NUMBER OF ELECTION DISTRICTS BEING CANVASSED.
5 (V) SPECIAL INSPECTORS MUST BE REGISTERED ELECTORS
6 OF THE COUNTY. THEY SHALL BE APPOINTED WITHOUT REFERENCE
7 TO RESIDENCE IN ELECTION DISTRICTS OR TO POLITICAL
8 AFFILIATIONS OR BELIEFS. THE COMMISSION SHALL INSTRUCT
9 SPECIAL INSPECTORS IN THEIR DUTIES. SPECIAL INSPECTORS
10 HAVE THE POWERS CONFERRED BY THIS PART UPON INSPECTORS OF
11 REGISTRATION.
12 (3) IN CONJUNCTION WITH AND NOT AS AN ALTERNATIVE TO A
13 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), A COMMISSION SHALL
14 SEND A NOTICE PURSUANT TO SUBSECTION (D) TO ANY REGISTERED
15 ELECTOR WHO HAS NOT VOTED NOR APPEARED TO VOTE DURING THE
16 PERIOD BEGINNING FIVE YEARS BEFORE THE DATE OF THE NOTICE AND
17 ENDING ON THE DATE OF THE NOTICE AND FOR WHOM THE BOARD OF
18 ELECTIONS DID NOT DURING THAT PERIOD IN ANY OTHER WAY RECEIVE
19 ANY INFORMATION THAT THE ELECTOR STILL RESIDES IN THE
20 ELECTION DISTRICT.
21 (4) A COMMISSION SHALL COMPLETE, NOT LATER THAN 90 DAYS
22 BEFORE EACH MUNICIPAL OR GENERAL ELECTION, AT LEAST ONCE PER
23 YEAR THE VOTER REMOVAL PROGRAMS UNDER THIS SECTION, AND SHALL
24 PROMPTLY UPDATE INFORMATION CONTAINED IN ITS REGISTRATION
25 RECORDS. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO PRECLUDE
26 ANY OF THE FOLLOWING:
27 (I) CANCELLATION OF AN ELECTOR'S REGISTRATION AS
28 PROVIDED FOR UNDER SUBSECTION (A)(1) OR (2).
29 (II) CORRECTION OF REGISTRATION RECORDS IN
30 ACCORDANCE WITH THIS PART.
20010S0607B1628 - 101 -
1 (C) IDENTIFICATION OF INACTIVE ELECTORS.--A COMMISSION SHALL
2 MARK AN "I" ON THE REGISTRATION RECORDS OF EACH REGISTERED
3 ELECTOR WHO HAS BEEN MAILED A FORM UNDER SUBSECTION (B)(1) OR
4 (3) AND HAS FAILED TO RESPOND, WHICH SHALL BE INCLUDED WITH ALL
5 OTHER REGISTRATION RECORDS FOR THAT POLLING SITE AND LOCATED AT
6 THE ELECTOR'S POLLING SITE ON THE DAY OF THE ELECTION. THE
7 COMMISSION SHALL PROMPTLY UPDATE THE INFORMATION CONTAINED IN
8 ITS REGISTRATION RECORDS.
9 (D) CANCELLATION OF REGISTRATION.--
10 (1) A COMMISSION SHALL NOT CANCEL THE REGISTRATION OF A
11 REGISTERED ELECTOR ON THE GROUND THAT THE REGISTERED ELECTOR
12 HAS CHANGED RESIDENCE UNLESS ANY OF THE FOLLOWING APPLY:
13 (I) THE REGISTERED ELECTOR CONFIRMS IN WRITING THAT
14 THE ELECTOR HAS CHANGED RESIDENCE TO A LOCATION OUTSIDE
15 THE COUNTY IN WHICH THE ELECTOR IS REGISTERED.
16 (II) THE REGISTERED ELECTOR:
17 (A) HAS FAILED TO RESPOND TO A NOTICE DESCRIBED
18 IN PARAGRAPH (2); AND
19 (B) HAS NOT VOTED NOR APPEARED TO VOTE AND, IF
20 NECESSARY, CORRECTED THE COMMISSION'S RECORD OF THE
21 ELECTOR'S ADDRESS, IN AN ELECTION DURING THE PERIOD
22 BEGINNING ON THE DATE OF THE NOTICE AND ENDING ON THE
23 DAY AFTER THE DATE OF THE SECOND GENERAL ELECTION FOR
24 FEDERAL OFFICE THAT OCCURS AFTER THE DATE OF THE
25 NOTICE.
26 (2) A NOTICE, AS REQUIRED IN PARAGRAPH (1)(II), IS
27 ACCEPTABLE IF IT IS A POSTAGE PREPAID AND PREADDRESSED RETURN
28 CARD, SENT BY FORWARDABLE MAIL, ON WHICH THE REGISTERED
29 ELECTOR MAY STATE THE ELECTOR'S CURRENT ADDRESS, IF IT
30 CONTAINS A NOTICE AS FOLLOWS:
20010S0607B1628 - 102 -
1 (I) THE NOTICE MUST STATE ALL OF THE FOLLOWING:
2 (A) IF THE REGISTERED ELECTOR DID NOT CHANGE
3 RESIDENCE OR CHANGED RESIDENCE BUT STILL RESIDES IN
4 THE COUNTY, THE ELECTOR MUST RETURN THE CARD NOT
5 LATER THAN 30 DAYS PRIOR TO THE NEXT ELECTION. IF THE
6 CARD IS NOT RETURNED, AFFIRMATION OR CONFIRMATION OF
7 THE ELECTOR'S ADDRESS MAY BE REQUIRED BEFORE THE
8 ELECTOR IS PERMITTED TO VOTE IN AN ELECTION DURING
9 THE PERIOD BEGINNING ON THE DATE OF THE NOTICE AND
10 ENDING ON THE DAY AFTER THE DATE OF THE SECOND
11 GENERAL ELECTION FOR FEDERAL OFFICE THAT OCCURS AFTER
12 THE DATE OF THE NOTICE. IF THE ELECTOR DOES NOT VOTE
13 IN AN ELECTION DURING THAT PERIOD, THE ELECTOR'S
14 REGISTRATION SHALL BE CANCELED.
15 (B) IF THE REGISTERED ELECTOR HAS CHANGED
16 RESIDENCE TO A PLACE OUTSIDE THE COUNTY IN WHICH THE
17 ELECTOR IS REGISTERED, INFORMATION SHALL BE PROVIDED
18 CONCERNING HOW THE ELECTOR CAN REGISTER IN THE NEW
19 COUNTY OF RESIDENCE.
20 (II) THE NOTICE MUST STATE THE DATE OF THE NOTICE,
21 THE DATE OF THE NEXT ELECTION AND THE DATE OF THE SECOND
22 GENERAL ELECTION FOR FEDERAL OFFICE OCCURRING AFTER THE
23 DATE OF THE NOTICE.
24 (3) THE COMMISSION SHALL CORRECT REGISTRATION RECORDS IN
25 ACCORDANCE WITH CHANGE OF RESIDENCE INFORMATION OBTAINED IN
26 CONFORMANCE WITH THIS SUBSECTION. THE COMMISSION SHALL ALSO
27 PROMPTLY UPDATE ITS REGISTRATION RECORDS.
28 § 1902. PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
29 NOTIFICATION CARD.
30 (A) SAME COUNTY.--
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1 (1) A REGISTERED ELECTOR WHO HAS MOVED FROM AN ADDRESS
2 IN THE COUNTY COVERED BY A POLLING PLACE TO AN ADDRESS
3 COVERED BY THE SAME POLLING PLACE SHALL, NOTWITHSTANDING
4 FAILURE TO NOTIFY THE COMMISSION PRIOR TO THE DATE OF AN
5 ELECTION, BE PERMITTED TO VOTE IN THAT POLLING PLACE UPON
6 WRITTEN AFFIRMATION BY THE ELECTOR OF THE CHANGE OF ADDRESS
7 BEFORE AN ELECTION OFFICIAL AT THAT POLLING PLACE.
8 (2) A REGISTERED ELECTOR WHO HAS MOVED FROM ONE ADDRESS
9 IN THE COUNTY TO ANOTHER ADDRESS IN THE SAME COUNTY COVERED
10 BY A DIFFERENT POLLING PLACE AND WHO HAS FAILED TO NOTIFY THE
11 COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF AN
12 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
13 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
14 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN
15 ELECTION OFFICIAL AT THE FORMER POLLING PLACE.
16 (B) DIFFERENT COUNTY.--A REGISTERED ELECTOR WHO HAS MOVED
17 FROM ONE COUNTY TO ANOTHER COUNTY AND WHO HAS FAILED TO NOTIFY
18 THE COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF THE
19 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
20 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
21 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN ELECTION
22 OFFICIAL AT THE FORMER POLLING PLACE. UPON RECEIPT OF THE
23 WRITTEN AFFIRMATION, THE COMMISSION SHALL FOLLOW THE PROCEDURES
24 IN THIS PART FOR CHANGE OF ADDRESS TO A NEW COUNTY AND SHALL
25 UPDATE INFORMATION CONTAINED IN ITS REGISTRATION RECORDS.
26 § 1903. INCORRECT RECORDS.
27 IF REGISTRATION RECORDS INCORRECTLY INDICATE THAT A
28 REGISTERED ELECTOR HAS MOVED FROM AN ADDRESS IN THE AREA COVERED
29 BY A POLLING PLACE, THE ELECTOR SHALL, UPON WRITTEN AFFIRMATION
30 BEFORE AN ELECTION OFFICIAL AT THAT POLLING PLACE, BE PERMITTED
20010S0607B1628 - 104 -
1 TO VOTE AT THAT POLLING PLACE. UPON RECEIPT OF THE WRITTEN
2 AFFIRMATION, THE COMMISSION SHALL PROMPTLY UPDATE INFORMATION
3 CONTAINED IN ITS REGISTRATION RECORDS.
4 § 1904. FILES.
5 (A) CANCELLATION.--IF THE REGISTRATION OF A REGISTERED
6 ELECTOR IS CANCELED, THE COMMISSION SHALL MARK ON ALL
7 REGISTRATION RECORDS OF THE ELECTOR THE WORD "CANCELED" AND THE
8 DATE AND CAUSE OF CANCELLATION. THE COMMISSION SHALL REMOVE ANY
9 REGISTRATION RECORDS PERTAINING TO THE ELECTOR. REMOVED RECORDS
10 SHALL BE RETAINED SEPARATE FROM REGISTERED ELECTORS FOR FIVE
11 YEARS. THE COMMISSION SHALL PROMPTLY UPDATE INFORMATION
12 CONTAINED IN ITS REGISTRATION RECORDS.
13 (B) NONESSENTIAL RECORDS.--RECORDS WHICH ARE NOT ESSENTIAL
14 FOR MAINTAINING THE CURRENT STATUS OF A REGISTERED ELECTOR MAY
15 BE DESTROYED BY THE COMMISSION THREE YEARS FROM THE DATE THE
16 COMMISSION MARKS THEM AS NONESSENTIAL.
17 § 1905. ERRORS IN CANCELLATION.
18 (A) PETITION.--IF THE REGISTRATION OF AN ELECTOR HAS BEEN
19 CANCELED THROUGH ERROR, THE ELECTOR MAY PETITION THE
20 REGISTRATION COMMISSION FOR REINSTATEMENT.
21 (B) TIME.--THE PETITION MUST BE FILED BY THE TENTH DAY
22 PRECEDING AN ELECTION.
23 (C) ACTION.--
24 (1) THE COMMISSION SHALL HOLD A HEARING ON THE PETITION.
25 (2) IF THE COMMISSION FINDS THAT THERE WAS AN ERROR, THE
26 COMMISSION SHALL REINSTATE THE REGISTRATION AND SHALL
27 PROMPTLY UPDATE INFORMATION CONTAINED IN ITS REGISTRATION
28 RECORDS.
29 § 1906. TERMINATION OF CHAPTER.
30 (A) NOTICE.--IF THE SECRETARY OF THE COMMONWEALTH DETERMINES
20010S0607B1628 - 105 -
1 THAT THE NATIONAL VOTER REGISTRATION ACT OF 1993 (PUBLIC LAW
2 103-31, 42 U.S.C. § 1973GG ET SEQ.) NO LONGER PROHIBITS
3 CANCELLATION OF REGISTRATION OF ELECTORS FOR FEDERAL OFFENSE
4 BECAUSE OF FAILURE TO VOTE, THE SECRETARY SHALL TRANSMIT NOTICE
5 OF THE DETERMINATION TO THE LEGISLATIVE REFERENCE BUREAU FOR
6 PUBLICATION IN THE PENNSYLVANIA BULLETIN.
7 (B) EFFECT OF NOTICE.--THIS CHAPTER SHALL TERMINATE UPON
8 PUBLICATION OF THE NOTICE UNDER SUBSECTION (A).
9 PART IX
10 CONDUCT OF ELECTIONS
11 CHAPTER
12 33. VOTING PROCEDURES.
13 CHAPTER 33
14 VOTING PROCEDURES
15 SEC.
16 3302. APPLICATION FOR ABSENTEE BALLOTS.
17 § 3302. APPLICATION FOR ABSENTEE BALLOTS.
18 (A) GENERAL RULE.--NOTWITHSTANDING THE PROVISIONS OF PART IV
19 (RELATING TO VOTER REGISTRATION) OR THE ACT OF JUNE 3, 1937
20 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, THE
21 FOLLOWING PERSONS MAY MAKE APPLICATION FOR AN ABSENTEE BALLOT BY
22 SENDING A LETTER OR OTHER SIGNED DOCUMENT TO THE COUNTY BOARD OF
23 ELECTIONS IN THE COUNTY IN WHICH THE PERSON'S VOTING ADDRESS IS
24 LOCATED:
25 (1) A REGISTERED ELECTOR WHO IS UNABLE TO ATTEND THE
26 POLLING PLACE ON THE DAY OF ANY PRIMARY OR ELECTION BECAUSE
27 OF ILLNESS OR PHYSICAL DISABILITY.
28 (2) A REGISTERED ELECTOR WHO EXPECTS TO BE ABSENT FROM
29 THIS COMMONWEALTH OR THE COUNTY OF RESIDENCE BECAUSE DUTIES,
30 OCCUPATION OR BUSINESS REQUIRE THE ELECTOR TO BE ELSEWHERE
20010S0607B1628 - 106 -
1 THE DAY OF ANY PRIMARY OR ELECTION.
2 (3) A COUNTY EMPLOYEE WHO CANNOT VOTE DUE TO DUTIES
3 RELATING TO THE CONDUCT OF ELECTIONS.
4 (4) A PERSON WHO WILL NOT ATTEND A POLLING PLACE BECAUSE
5 OF AN OBSERVANCE OF A RELIGIOUS HOLIDAY.
6 (B) CONTENTS OF LETTER OR DOCUMENT.--THE LETTER OR DOCUMENT
7 UNDER SUBSECTION (A) SHALL PROVIDE THE SAME INFORMATION AS IS
8 PROVIDED ON FORMS PRESCRIBED BY THE SECRETARY.
9 (C) REVIEW AND PROCESSING.--THE LETTER OR DOCUMENT SHALL BE
10 SUBJECT TO THE SAME SCHEDULE AS OTHER APPLICATIONS FOR ABSENTEE
11 BALLOTS AND UPON RECEIPT BY THE COUNTY BOARD OF ELECTIONS SHALL
12 BE REVIEWED AND PROCESSED IN THE SAME FASHION AS OTHER
13 APPLICATIONS FOR ABSENTEE BALLOTS.
14 (D) APPLICATION PREPARED BY POLITICAL PARTY.--AN ABSENTEE
15 BALLOT APPLICATION FORM CONTAINING THE SAME INFORMATION AS THAT
16 CONTAINED ON THE FORM PRESCRIBED BY THE SECRETARY, WHICH WAS
17 PREPARED OR DISTRIBUTED BY A POLITICAL PARTY AND SIGNED BY A
18 REGISTERED ELECTOR, SHALL BE DEEMED FOR ALL PURPOSES AS VALID
19 AND SHALL BE REVIEWED AND PROCESSED BY THE COUNTY BOARD OF
20 ELECTIONS IN THE SAME MANNER AS APPLICATIONS ON FORMS PRESCRIBED
21 BY THE SECRETARY AND SUPPLIED BY THE COUNTY BOARD OF ELECTIONS.
22 SECTION 2. THE SECRETARY OF THE COMMONWEALTH SHALL
23 PROMULGATE REGULATIONS TO ESTABLISH AND IMPLEMENT THE SURE
24 SYSTEM IN ACCORDANCE WITH 25 PA.C.S. § 1222 AND TO IMPLEMENT 25
25 PA.C.S. PT. IV. THE PROMULGATION OF REGULATIONS UNDER THIS
26 SECTION SHALL BE EXEMPT FROM:
27 (1) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980
28 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.
29 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
30 THE REGULATORY REVIEW ACT.
20010S0607B1628 - 107 -
1 SECTION 3. THE FOLLOWING APPLY:
2 (1) THE PROVISIONS OF 62 PA.C.S. SHALL APPLY TO THE
3 DEVELOPMENT, ESTABLISHMENT AND IMPLEMENTATION OF THE
4 STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE) SYSTEM REQUIRED
5 BY 25 PA.C.S. CH. 12 SUBCH. B EXCEPT AS PROVIDED IN THIS
6 SECTION.
7 (2) IF A BIDDER OR OFFEROR, A PROSPECTIVE BIDDER OR
8 OFFEROR OR A PROSPECTIVE CONTRACTOR IS AGGRIEVED IN
9 CONNECTION WITH THE SOLICITATION OR AWARD OF THE CONTRACT, HE
10 MAY PROTEST TO THE HEAD OF THE PURCHASING AGENCY IN WRITING.
11 (3) IF THE PROTESTANT IS A BIDDER OR OFFEROR OR A
12 PROSPECTIVE CONTRACTOR, THE PROTEST SHALL BE FILED WITH THE
13 HEAD OF THE PURCHASING AGENCY WITHIN SEVEN DAYS AFTER THE
14 AGGRIEVED BIDDER OR OFFEROR OR PROSPECTIVE CONTRACTOR KNEW OR
15 SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE PROTEST
16 EXCEPT THAT IN NO EVENT MAY A PROTEST BE FILED LATER THAN
17 SEVEN DAYS AFTER THE DATE THE CONTRACT WAS AWARDED. IF THE
18 PROTESTANT IS A PROSPECTIVE BIDDER OR OFFEROR, A PROTEST
19 SHALL BE FILED WITH THE HEAD OF THE PURCHASING AGENCY PRIOR
20 TO THE BID OPENING TIME OR THE PROPOSAL RECEIPT DATE. IF A
21 BIDDER OR OFFEROR, A PROSPECTIVE BIDDER OR OFFEROR, OR A
22 PROSPECTIVE CONTRACTOR FAILS TO FILE A PROTEST OR FILES AN
23 UNTIMELY PROTEST, THE BIDDER OR OFFEROR, THE PROSPECTIVE
24 BIDDER OR OFFEROR, OR THE PROSPECTIVE CONTRACTOR SHALL BE
25 DEEMED TO HAVE WAIVED ITS RIGHT TO PROTEST THE SOLICITATION
26 OR AWARD OF THE CONTRACT IN ANY FORUM. UNTIMELY FILED
27 PROTESTS SHALL BE DISREGARDED BY THE PURCHASING AGENCY.
28 (4) A PROTEST SHALL STATE ALL GROUNDS UPON WHICH THE
29 PROTESTANT ASSERTS THE SOLICITATION OR AWARD OF THE CONTRACT
30 WAS IMPROPER. THE PROTESTANT MAY SUBMIT WITH THE PROTEST ANY
20010S0607B1628 - 108 -
1 DOCUMENTS OR INFORMATION IT DEEMS RELEVANT TO THE PROTEST.
2 (5) WITHIN 15 DAYS OF RECEIPT OF A PROTEST, THE
3 CONTRACTING OFFICER MAY SUBMIT TO THE HEAD OF THE PURCHASING
4 AGENCY AND THE PROTESTANT A RESPONSE TO THE PROTEST,
5 INCLUDING ANY DOCUMENTS OR INFORMATION HE DEEMS RELEVANT TO
6 THE PROTEST. THE PROTESTANT MAY FILE A REPLY TO THE RESPONSE
7 WITHIN TEN DAYS OF THE DATE OF THE RESPONSE.
8 (6) THE HEAD OF THE PURCHASING AGENCY OR HIS DESIGNEE
9 SHALL REVIEW THE PROTEST AND ANY RESPONSE OR REPLY AND MAY
10 REQUEST AND REVIEW SUCH ADDITIONAL DOCUMENTS OR INFORMATION
11 HE DEEMS NECESSARY TO RENDER A DECISION, AND MAY, AT HIS SOLE
12 DISCRETION, CONDUCT A HEARING. THE HEAD OF THE PURCHASING
13 AGENCY OR HIS DESIGNEE SHALL PROVIDE TO THE PROTESTANT AND
14 THE CONTRACTING OFFICER A REASONABLE OPPORTUNITY TO REVIEW
15 AND ADDRESS ANY ADDITIONAL DOCUMENTS OR INFORMATION DEEMED
16 NECESSARY BY THE HEAD OF THE PURCHASING AGENCY OR HIS
17 DESIGNEE TO RENDER A DECISION.
18 (7) UPON COMPLETING AN EVALUATION OF THE PROTEST IN
19 ACCORDANCE WITH PARAGRAPH (6), THE HEAD OF THE PURCHASING
20 AGENCY OR HIS DESIGNEE SHALL ISSUE A WRITTEN DETERMINATION
21 STATING THE REASONS FOR THE DECISION. THE DETERMINATION SHALL
22 BE ISSUED WITHIN 60 DAYS OF THE RECEIPT OF THE PROTEST UNLESS
23 EXTENDED BY CONSENT OF THE HEAD OF THE PURCHASING AGENCY AND
24 THE PROTESTANT. THE DETERMINATION SHALL BE THE FINAL ORDER OF
25 THE PURCHASING AGENCY. IF THE HEAD OF THE PURCHASING AGENCY
26 OR HIS DESIGNEE DETERMINES THAT THE SOLICITATION OR AWARD OF
27 THE CONTRACT WAS CONTRARY TO LAW, HE MAY ENTER AN ORDER
28 AUTHORIZED BY 62 PA.C.S. CH. 17 SUBCH. D.
29 (8) WITHIN 15 DAYS OF THE MAILING DATE OF A FINAL
30 DETERMINATION DENYING A PROTEST, A PROTESTANT MAY FILE AN
20010S0607B1628 - 109 -
1 APPEAL WITH THE COMMONWEALTH COURT. ISSUES NOT RAISED BY THE
2 PROTESTANT BEFORE THE PURCHASING AGENCY ARE DEEMED WAIVED AND
3 MAY NOT BE RAISED BEFORE THE COURT.
4 (9) THE RECORD OF DETERMINATION FOR REVIEW BY THE COURT
5 SHALL CONSIST OF THE SOLICITATION OR AWARD; THE CONTRACT, IF
6 ANY; THE PROTEST AND ANY RESPONSE, REPLY OR ANY ADDITIONAL
7 DOCUMENTS OR INFORMATION CONSIDERED BY THE HEAD OF THE
8 PURCHASING AGENCY OR HIS DESIGNEE; THE HEARING TRANSCRIPT AND
9 EXHIBITS, IF ANY; AND THE FINAL DETERMINATION.
10 (10) THE COURT SHALL HEAR THE APPEAL, WITHOUT A JURY, ON
11 THE RECORD OF DETERMINATION CERTIFIED BY THE PURCHASING
12 AGENCY. THE COURT SHALL AFFIRM THE DETERMINATION OF THE
13 PURCHASING AGENCY UNLESS IT FINDS FROM THE RECORD THAT THE
14 DETERMINATION IS ARBITRARY AND CAPRICIOUS, AN ABUSE OF
15 DISCRETION OR IS CONTRARY TO LAW.
16 (11) IF THE DETERMINATION IS NOT AFFIRMED, THE COURT MAY
17 ENTER ANY ORDER AUTHORIZED BY 42 PA.C.S. § 706, PROVIDED,
18 THAT IF THE COURT DETERMINES THAT THE SOLICITATION OR AWARD
19 OF THE CONTRACT IS CONTRARY TO LAW, THEN THE REMEDY THE COURT
20 SHALL ORDER IS LIMITED TO CANCELING THE SOLICITATION OR AWARD
21 AND DECLARING VOID ANY RESULTING CONTRACT.
22 (12) IN THE EVENT A PROTEST IS FILED TIMELY UNDER THIS
23 SECTION AND UNTIL THE TIME HAS ELAPSED FOR THE PROTESTANT TO
24 FILE A PETITION FOR REVIEW IN COMMONWEALTH COURT, THE
25 PURCHASING AGENCY MAY ELECT NOT TO PROCEED FURTHER WITH THE
26 SOLICITATION OR WITH THE AWARD OF THE CONTRACT.
27 (13) THIS SECTION SHALL BE THE EXCLUSIVE PROCEDURE FOR
28 PROTESTING A SOLICITATION OR AWARD OF THE CONTRACT BY A
29 BIDDER OR OFFEROR, A PROSPECTIVE BIDDER OR OFFEROR, OR A
30 PROSPECTIVE CONTRACTOR THAT IS AGGRIEVED IN CONNECTION WITH
20010S0607B1628 - 110 -
1 THE SOLICITATION OR AWARD OF THE CONTRACT. THE PROVISIONS OF
2 2 PA.C.S. SHALL NOT APPLY TO THIS SECTION.
3 SECTION 4. SECTION 2 OF THIS ACT SHALL EXPIRE ON DECEMBER
4 31, 2002.
5 SECTION 5. THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED
6 TO THE EXTENT SPECIFIED:
7 (1) SECTION 10.2 OF THE ACT OF NOVEMBER 1, 1971
8 (P.L.495, NO.113), "AN ACT PROVIDING FOR THE COMPENSATION OF
9 COUNTY OFFICERS IN COUNTIES OF THE SECOND THROUGH EIGHTH
10 CLASSES, FOR COMPENSATION OF DISTRICT ATTORNEYS IN CITIES AND
11 COUNTIES OF THE FIRST CLASS, FOR COMPENSATION OF DISTRICT
12 ELECTION OFFICERS IN ALL COUNTIES, FOR THE DISPOSITION OF
13 FEES, FOR FILING OF BONDS IN CERTAIN CASES AND FOR DUTIES OF
14 CERTAIN OFFICERS, IS REPEALED ABSOLUTELY.
15 (2) THE ACT OF JUNE 30, 1995 (P.L.170, NO.25), KNOWN AS
16 THE PENNSYLVANIA VOTER REGISTRATION ACT, IS REPEALED
17 ABSOLUTELY.
18 (3) SECTION 404 OF THE ACT OF JUNE 3, 1937 (P.L.1333,
19 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS REPEALED
20 TO THE EXTENT THAT IT PROHIBITS THE SHARING OF THE DUTIES OF
21 THE AUTHORIZED POSITIONS OF CLERK OF ELECTIONS OR MACHINE
22 OPERATOR.
23 SECTION 6. THE ADDITION OF 25 PA.C.S. PT. IV AND 25 PA.C.S.
24 § 3302 SHALL BE DEEMED A CONTINUATION OF THE ACT OF JUNE 30,
25 1995 (P.L.170, NO.25), KNOWN AS THE PENNSYLVANIA VOTER
26 REGISTRATION ACT. THE FOLLOWING APPLY:
27 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), ANY DIFFERENCE
28 IN LANGUAGE OR ORGANIZATION OF SECTIONS BETWEEN 25 PA.C.S.
29 PT. IV AND 25 PA.C.S. § 3302 AND THE PENNSYLVANIA VOTER
30 REGISTRATION ACT IS INTENDED ONLY TO CONFORM TO THE STYLE OF
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1 THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS NOT INTENDED TO
2 CHANGE OR AFFECT THE LEGISLATIVE INTENT, JUDICIAL
3 CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF THE
4 PENNSYLVANIA VOTER REGISTRATION ACT.
5 (2) PARAGRAPH (1) DOES NOT APPLY TO ANY OF THE
6 FOLLOWING:
7 (I) THE ADDITION OF THE DEFINITIONS OF "DISTRICT
8 REGISTER," "GENERAL REGISTER," "QUALIFIED ELECTOR,"
9 "REGISTRANT," "REGISTRATION RECORDS" AND "STATEWIDE
10 UNIFORM REGISTRY OF ELECTORS" IN 25 PA.C.S. § 1102.
11 (II) THE ADDITION OF 25 PA.C.S. §§:
12 (A) 1201, 1203(A), (H), (K) AND (L), 1222 AND
13 1223;
14 (B) 1301(A), 1322(A) AND (B), 1323 (A), (B) AND
15 (C), 1324, 1326, 1327(A), 1328 AND 1328.1;
16 (C) 1401, 1402, 1403, 1404 AND 1405;
17 (D) 1501, 1502, 1503 AND 1514;
18 (E) 1602(A);
19 (F) 1702, 1705, 1707(A), 1709, 1711 AND 1712;
20 (G) 1801, 1803 AND 1804; AND
21 (H) 1901, 1902 AND 1904.
22 (III) THE REPEAL OF SECTION 321 OF THE PENNSYLVANIA
23 VOTER REGISTRATION ACT.
24 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
25 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
26 IMMEDIATELY:
27 (I) THE ADDITION OF 25 PA.C.S. PT. II.
28 (II) THE ADDITION OF 25 PA.C.S. § 1222.
29 (III) SECTIONS 2, 3 AND 4 OF THIS ACT.
30 (IV) SECTION 5(1) OF THIS ACT.
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1 (V) THE REPEAL OF SECTION 322 OF THE ACT OF JUNE 30,
2 1995 (P.L.170, NO.25).
3 (VI) SECTION 5(3) OF THIS ACT.
4 (VII) THIS SECTION.
5 (2) THE ADDITION OF 25 PA.C.S. CH. 19 SHALL TAKE EFFECT
6 UPON THE PUBLICATION OF THE NOTICE UNDER 25 PA.C.S. §
7 1513(A). THIS PARAGRAPH IS SUBJECT TO 25 PA.C.S. § 1906.
8 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 45
9 DAYS.
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