HOUSE AMENDED
PRIOR PRINTER'S NOS. 645, 927, 1513, PRINTER'S NO. 1680
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
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JANUARY 29, 2002
AN ACT
1 Amending Title 25 (Elections) of the Pennsylvania Consolidated
2 Statutes, codifying provisions relating to compensation of
3 clerks of election and machine operators; codifying the
4 Pennsylvania Voter Registration Act by providing for absentee
5 ballots and for voter registration and by establishing a
6 Statewide uniform registry of electors; imposing powers and
7 duties on the Secretary of the Commonwealth and the
8 Legislative Reference Bureau; and making repeals.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 25 of the Pennsylvania Consolidated
12 Statutes is amended by adding parts to read:
13 PART II
14 ELECTION AND REGISTRATION OFFICIALS
15 Subchapter
16 A. Preliminary Provisions
17 B. Compensation
18 SUBCHAPTER A
1 PRELIMINARY PROVISIONS
2 Sec.
3 701. Definitions.
4 § 701. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "District election board." Election officers required for
9 the conduct of elections in any election district in accordance
10 with the act of June 3, 1937 (P.L.1333, No.320), known as the
11 Pennsylvania Election Code.
12 "Election." A general, municipal, special or primary
13 election.
14 "Election district." A district, division or precinct
15 established in accordance with the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code, in
17 which all qualified electors are eligible to vote in the same
18 polling place.
19 SUBCHAPTER B
20 COMPENSATION
21 Sec.
22 711. Compensation of certain election officials.
23 § 711. Compensation of certain election officials.
24 (a) General rule.--In all counties regardless of class, the
25 compensation of judges of election, inspectors of election,
26 clerks and machine operators as provided in Article IV of the
27 act of June 3, 1937 (P.L.1333, No.320), known as the
28 Pennsylvania Election Code, shall be fixed by the county board
29 of elections for each election in accordance with the following:
30 Election Officers Minimum Maximum
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1 Compensation Compensation
2 Judges of election $45 $100
3 Inspectors of election,
4 clerks and machine operators $40 $95
5 (b) Shared duties.--If a county board of elections
6 authorizes that the duties of a clerk of elections or machine
7 operator may be performed by two individuals who each perform
8 such duties for one-half of an election day, such individuals
9 shall each be compensated at one-half of the rate authorized for
10 a single individual who performs the duties for the entire
11 election day.
12 (c) Exceptions.--The county board of elections may, in its
13 discretion, establish different per diem rates within the minima
14 and maxima provided for in subsection (a) based on the number of
15 votes cast for the following groups:
16 (1) 150 votes or less.
17 (2) 151 to 300 votes.
18 (3) 301 to 500 votes.
19 (4) 501 to 750 votes.
20 (5) 751 votes and over.
21 (d) Additional fees.--For transmitting returns of elections
22 and the ballot box or boxes, all judges of election shall be
23 entitled to receive the additional sum of $10.
24 (e) Minority inspector of elections.--The county board of
25 elections may, in its discretion, require the minority inspector
26 of election to accompany the judge of election in transmitting
27 the returns of elections, in which case the minority inspector
28 of election shall be entitled to receive the additional sum of
29 $10.
30 (f) Transportation.--The person furnishing transportation to
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1 the judge of election and the minority inspector in transmitting
2 returns and ballot boxes shall be entitled to a minimum of 30¢
3 per circular mile from the polling place to the county court
4 house. The name of such person shall appear on the voucher of
5 the judge of election, and only one person shall receive mileage
6 compensation.
7 (g) Constables.--A constable or deputy constable performing
8 duties under section 1207 of the Pennsylvania Election Code
9 shall receive compensation at the same rate payable to an
10 inspector.
11 (h) Special elections.--When a primary and special election
12 or a special election and a general or municipal election take
13 place on the same date, they shall be construed as one election
14 for the purpose of receiving compensation.
15 (i) Income.--Compensation and other payments received by
16 election officials pursuant to this section shall not be deemed
17 income classified and categorized under section 303 of the act
18 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
19 1971.
20 PART IV
21 VOTER REGISTRATION
22 Chapter
23 11. Preliminary Provisions
24 12. Registration System
25 13. Voter Registration
26 14. Records
27 15. Changes in Records
28 16. Commission Proceedings and Judicial Review
29 17. Penalties
30 18. Enforcement
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1 19. Provisions Contingent on Federal Law
2 CHAPTER 11
3 PRELIMINARY PROVISIONS
4 Sec.
5 1101. Scope.
6 1102. Definitions.
7 1103. Applicability.
8 1104. Construction.
9 1105. Standardized forms.
10 1106. Applications.
11 1107. Existing electors.
12 1108. Administration.
13 § 1101. Scope.
14 This part deals with voter registration.
15 § 1102. Definitions.
16 Subject to additional definitions contained in subsequent
17 provisions of this part which are applicable to specific
18 provisions of this part, the following words and phrases when
19 used in this part shall have the meanings given to them in this
20 section unless the context clearly indicates otherwise:
21 "Applicant." An individual who applies to be registered to
22 vote as provided for in this part.
23 "Calendar year." The period commencing January 1 and ending
24 December 31 next following.
25 "Commission." A registration commission established under
26 section 1203 (relating to commissions).
27 "Commissioner." A member of a commission.
28 "County." A county of this Commonwealth. The term includes a
29 county within which is located a city of the first class or with
30 which a city of the first class is coextensive.
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1 "County election board." The board of elections of a county.
2 "Department." The Department of State of the Commonwealth.
3 "District." An election district or precinct of a
4 municipality.
5 "District register." The list of registered electors
6 prepared by the commission under section 1402 (relating to
7 district registers).
8 "Election." A general, special, municipal or primary
9 election.
10 "General election." The election which the Constitution of
11 Pennsylvania requires to be held in even-numbered years.
12 "General register." The list of registered electors prepared
13 by the commission under section 1401 (relating to general
14 register).
15 "In military service." Serving in the uniformed services as
16 defined in section 102 of the Career Compensation Act of 1949
17 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
18 National Guard.
19 "Members of the United States merchant marine." Any of the
20 following:
21 (1) Individuals employed as officers or members of crews
22 of vessels documented under the law of the United States or
23 of vessels owned by the United States or of vessels of
24 foreign-flag registry under charter to or control of the
25 United States. This paragraph does not include individuals in
26 military service.
27 (2) Individuals enrolled with the United States for
28 employment or for training for employment or maintained by
29 the United States for emergency relief service as officers or
30 members of crews of vessels referred to in paragraph (1). The
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1 term does not include individuals in military service or
2 individuals employed or enrolled for employment or for
3 training for employment or maintained for emergency relief on
4 the Great Lakes or the inland waterways.
5 "Military elector." Any of the following:
6 (1) An individual in military service and the
7 individual's spouse and dependents.
8 (2) An individual in the merchant marine and the
9 individual's spouse and dependents.
10 (3) An individual in a religious or welfare group
11 officially attached to and serving with the armed forces of
12 the United States and the individual's spouse and dependents.
13 (4) An individual who is a civilian employee of the
14 United States outside the territorial limits of the United
15 States, whether or not the individual is subject to the civil
16 service laws and whether or not the individual is paid from
17 funds appropriated by Congress, and the individual's spouse
18 and dependents.
19 "Municipal election." The election which the Constitution of
20 Pennsylvania requires to be held in odd-numbered years.
21 "Municipality." A city, borough, town or township.
22 "November election." Either the general or the municipal
23 election, or both, according to the context.
24 "Overseas citizen." An individual who resides outside the
25 territorial limits of the United States and who, but for such
26 residence, would be a qualified elector. The term does not
27 include a military elector.
28 "Party." Any of the following:
29 (1) A party or political body, one of whose candidates
30 at the general election immediately preceding the primary:
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1 (i) polled, in each of at least ten counties, at
2 least 2% of the largest entire vote cast in the county
3 for any elected candidate; and
4 (ii) polled a total vote in this Commonwealth equal
5 to at least 2% of the largest entire vote cast in this
6 Commonwealth for any elected candidate.
7 (2) A party or political body, one of whose candidates
8 at either the general or municipal election preceding the
9 primary polled at least 5% of the largest entire vote cast
10 for any elected candidate in any county.
11 "Person authorized to administer oaths." The term includes
12 an individual who is a commissioned officer in military service
13 or a member of the United States merchant marine designated for
14 this purpose by the United States Secretary of Commerce.
15 "Person in military service." The term shall mean a
16 qualified elector who is by enlistment, enrollment or draft in
17 actual military service.
18 "Political body." A political body not recognized as a
19 political party which has filed proper nomination papers as
20 required by law.
21 "Primary election." An election for the nomination of
22 candidates.
23 "Public office." Any Federal, State or political
24 subdivision, office or position of employment requiring the
25 individual elected or appointed to render public service for a
26 fixed fee or compensation. The term does not include the office
27 of notary public or commissioner of deeds.
28 "Qualified elector." An applicant who possesses all of the
29 qualifications for voting prescribed by the Constitution of
30 Pennsylvania and the laws of this Commonwealth or who, being
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1 otherwise qualified by continued residence in the election
2 district, obtains such qualifications before the next ensuing
3 election. The term does not include a military elector.
4 "Registrant" or "registered elector." A qualified elector
5 who is registered to vote in accordance with this part.
6 "Registration card." A registration record containing all
7 information required on the registration application, including
8 the elector's signature, and suitable space for the insertion by
9 the appropriate official of the following information:
10 (1) The ward and election district of residence.
11 (2) The registrant's street address.
12 (3) Data required to be given upon removal from the
13 registrant's residence.
14 (4) The date of each election at which the registrant
15 votes.
16 (5) The number and letter of the stub of the ballot
17 issued to the registrant or the registrant's number in the
18 order of admission to the voting machines.
19 (6) The initials of the election officer who enters the
20 record of voting in the district register.
21 (7) Whether the registrant needs assistance to vote and,
22 if so, the nature of the disability.
23 "Registration records." The general register, district
24 register and any other record of registration maintained by a
25 commission. The term includes any record maintained by the
26 commission on the Statewide Uniform Registry of Electors.
27 "Secretary." The Secretary of the Commonwealth.
28 "Statewide Uniform Registry of Electors" or "SURE system."
29 The integrated voter registration system of all registered
30 electors in this Commonwealth established by Subchapter B of
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1 Chapter 12 (relating to Statewide Uniform Registry of Electors
2 (SURE)).
3 § 1103. Applicability.
4 This part applies to all counties.
5 § 1104. Construction.
6 No part of any day fixed for the performance of duties by any
7 person or official under this part shall be deemed a Sunday or a
8 legal holiday so as to affect the legality of work done for the
9 purpose of carrying out this part or the right of a person to
10 compensation provided for rendering any service required by this
11 part or so as to relieve any person from doing on such day
12 whatever is necessary for the purpose of carrying out this part.
13 Such services are declared to be necessary public services.
14 § 1105. Standardized forms.
15 (a) General rule.--Whenever possible, the secretary shall
16 prescribe by regulation standardized voter registration or
17 absentee ballot application forms which may be used, with prior
18 approval by the secretary, by political bodies, candidates and
19 organized bodies of citizens in compliance with both the
20 provisions of this part and the act of June 3, 1937 (P.L.1333,
21 No.320), known as the Pennsylvania Election Code.
22 (b) Prior approval.--The secretary shall develop a system
23 whereby political bodies, candidates and organized bodies of
24 citizens may receive prior approval of standardized forms
25 developed pursuant to subsection (a).
26 § 1106. Applications.
27 (a) Registration application.--Voter registration
28 applications printed under the act of June 30, 1995 (P.L.170,
29 No.25), known as the Pennsylvania Voter Registration Act, may be
30 used to apply for registration under this part.
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1 (b) Notice.--If the five-year period for notice to electors
2 provided for under section 1901(b)(3) (relating to removal of
3 votes) has been declared invalid or rejected by a court of
4 competent jurisdiction or by the United States Department of
5 Justice, after all appeals have been exhausted and upon
6 certification to the Secretary of the Commonwealth and
7 publication in the Pennsylvania Bulletin, notice shall be given
8 in accordance with section 1901(b)(3) after a period of ten
9 years. If the ten-year period has been certified to the
10 Secretary of the Commonwealth as invalid and upon publication in
11 the Pennsylvania Bulletin, notice shall be given in accordance
12 with section 1901(b)(3) after a period of 20 years.
13 (c) Election Code.--Nothing in the act of June 3, 1937
14 (P.L.1333, No.320), known as the Pennsylvania Election Code,
15 shall be deemed inconsistent with this part.
16 § 1107. Existing electors.
17 All electors registered to vote in this Commonwealth on the
18 effective date of this section who remain qualified shall
19 continue to be registered under this part.
20 § 1108. Administration.
21 The department shall administer this part.
22 CHAPTER 12
23 REGISTRATION SYSTEM
24 Subchapter
25 A. Administrative Powers and Duties
26 B. Statewide Uniform Registry of Electors (SURE)
27 SUBCHAPTER A
28 ADMINISTRATIVE POWERS AND DUTIES
29 Sec.
30 1201. Departmental responsibilities.
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1 1202. (Reserved).
2 1203. Commissions.
3 1204. Commission staff.
4 1205. Police assistance.
5 1206. Unexpended balance; source of funds.
6 1207. Open records and documents.
7 § 1201. Departmental responsibilities.
8 The department shall do all of the following:
9 (1) Provide for applicants to submit their voter
10 registration application to a commission, the Department of
11 Transportation and other agencies designated in section 1325
12 (relating to government agencies).
13 (2) Prescribe a procedure for the return of completed
14 voter registration applications from the Department of
15 Transportation, the Department of Public Welfare, armed
16 forces recruitment centers, Offices of the Clerk of Orphan's
17 Court and all other offices under this part to the secretary
18 or the appropriate commission.
19 (3) Develop, establish, implement and administer a
20 Statewide Uniform Registry of Electors in accordance with
21 Subchapter B (relating to Statewide Uniform Registry of
22 Electors (SURE)).
23 (4) Promulgate regulations necessary to administer this
24 part.
25 § 1202. (Reserved).
26 § 1203. Commissions.
27 (a) Establishment.--A commission is established in each
28 county. The commission has jurisdiction over the registration of
29 applicants, qualified electors and registered electors of the
30 county under this part.
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1 (b) Membership.--
2 (1) Except as provided in paragraphs (2) and (3), the
3 county commissioners of each county shall act as a
4 registration commission for the county.
5 (2) In a city of the first class, the commission shall
6 consist of the three elected commissioners of the city. Each
7 commissioner shall be elected for a term of four years, in
8 the year that the mayor is elected.
9 (3) In counties which have adopted home rule charters or
10 optional plans, the commission shall consist of the members
11 of the county body which performs legislative functions
12 unless the county charter or optional plan provides for the
13 appointment of the commission. In either case, there must be
14 minority representation on the commission. The county body
15 which performs legislative functions shall, if the commission
16 does not contain minority representation, appoint such
17 representation from a list submitted by the county chair of
18 the minority party.
19 (c) Compensation.--Commissioners shall receive no
20 compensation in addition to their compensation as county or city
21 commissioners.
22 (d) Majority vote required.--Actions of a commission must be
23 decided by a majority vote of all members except as otherwise
24 provided in this part.
25 (e) Records.--A commission shall keep a permanent record of
26 its proceedings.
27 (f) Regulations.--A commission may make regulations, not
28 inconsistent with this part, to do all of the following:
29 (1) Govern the public sessions of the commission.
30 (2) Perform the duties imposed by this part.
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1 (3) Carry into effect the provisions of this part and
2 permit the efficient administration of this part, including
3 the designation of duties to be performed and functions to be
4 exercised under this part at its respective offices.
5 (g) Enforcement.--A commission may enforce regulations,
6 orders and subpoenas as provided in section 1601 (relating to
7 subpoenas and witness fees) and, if necessary, shall have the
8 assistance of the appropriate court of common pleas and of all
9 public officers subservient to the court in enforcing the
10 regulations, orders and subpoenas.
11 (h) Errors.--A commission shall correct an error or
12 irregularity in registration and cancel the registration of an
13 individual whom it finds to be improperly registered, subject
14 only to this part. Written notice shall be mailed or delivered
15 to each individual whose registration is canceled. Whenever a
16 registered elector's name is changed for any reason, the
17 registered elector's SURE registration number shall remain the
18 same, and the file shall reflect the former name change to the
19 new name.
20 (i) Investigation.--A commission or a commissioner has the
21 power to do any of the following:
22 (1) Summon and interrogate any person concerning the
23 registration of electors or any matter related thereto.
24 (2) Investigate irregularities in registration.
25 (3) Summon and examine witnesses.
26 (4) Require the production of relevant documents.
27 (j) Oaths and affirmations.--Each commissioner has the power
28 to administer oaths and affirmations. Each individual testifying
29 before a commission or commissioner must be sworn or affirmed.
30 (k) Correction of errors.--
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1 (1) A commission shall correct its registration records
2 without requiring action of a registered elector in any of
3 the following cases:
4 (i) If the mailing address of the registered elector
5 has been changed by the renaming of a street, the
6 renumbering of a house or the changing of a post office.
7 (ii) If the election district of the registered
8 elector has been changed through a change in the
9 boundaries of an election district.
10 (2) Notice of action under paragraph (1) shall be mailed
11 promptly to the affected registered elector.
12 (l) Update.--A commission shall promptly update information
13 contained in its registration records.
14 § 1204. Commission staff.
15 (a) Counties of the first class.--
16 (1) A commissioner may act as registrar or inspector of
17 registration.
18 (2) The commission has the power to assign assistants,
19 employees or clerks to act as registrars or inspectors of
20 registration. Individuals assigned under this paragraph shall
21 not receive additional compensation for service as registrars
22 or inspectors.
23 (3) Appointments shall be as follows:
24 (i) The commission shall annually appoint at least
25 two registrars for each registration place. Not more than
26 one-half of the number of registrars appointed annually
27 for each registration place may be members of the same
28 political party.
29 (ii) Registrars appointed must be qualified electors
30 of the election district or ward for which they have been
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1 appointed, must be of good moral character, must not have
2 been convicted of a crime and must be familiar with the
3 qualifications of electors and the duties of the
4 registrars. No individual who holds or is a candidate for
5 public office or party office may be appointed to or hold
6 any office or employment under any commission, except as
7 otherwise provided by this part.
8 (iii) Appointments shall be as follows:
9 (A) The commission shall provide 15 days' notice
10 for submission of candidates.
11 (B) The city chairs of the party having polled
12 the highest and the second highest vote in this
13 Commonwealth at the last preceding gubernatorial
14 election may file with the commission a written list
15 of names of members of the party whom the chair
16 recommends for appointment as registrars. Lists must
17 contain the name, address, qualifications and
18 occupation of each individual recommended and shall
19 be open to public inspection in the office of the
20 commission.
21 (C) The commission shall appoint individuals
22 from the list as registrars representing the parties.
23 If more candidates are recommended by a chair than
24 the party is entitled to have appointed, the
25 commission shall appoint those candidates from the
26 list whom the commission finds to be qualified under
27 this section. If there are not sufficient candidates
28 qualified to serve recommended by a chair, the
29 commission may appoint other individuals whom the
30 commission believes qualified.
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1 (D) If a vacancy occurs in the office of
2 registrar, the commission shall fill the vacancy by
3 appointing an elector of the district or ward, as the
4 case may be, who is qualified under subparagraph (ii)
5 and who is a registered and enrolled member of the
6 same political party as the registrar whose office
7 was vacated. The vacancy appointment shall be made in
8 the same manner as the initial appointment.
9 (iv) Registrars appointed have the power to register
10 the qualified electors of the election district or ward
11 and, in so doing, to administer oaths and affirmations.
12 Registrars appointed shall perform all other duties
13 imposed on registrars by this part and by the commission.
14 (v) Nothing in this subsection shall prevent a
15 registrar from serving as a registrar in a ward or
16 division of the city or prevent the commission from
17 assigning a registrar to register voters in a ward or
18 division of the city.
19 (vi) Except as provided in paragraph (1), each
20 registrar shall receive compensation set by the
21 commission for each day during which the registrar is
22 engaged in the active performance of duties as registrar.
23 (vii) The commission shall designate the duties to
24 be performed by appointed registrars.
25 (4) Any insertion or removal of names or other
26 information in registers or an amendment of registration
27 records done by any employee, registrar or inspector by order
28 of the commission shall be construed to be an action of the
29 commission. It is the duty of the commission to correct any
30 error in such action.
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1 (5) Before exercising a power of office, a registrar or
2 inspector of registration assigned under paragraph (2) or
3 appointed under paragraph (3) must comply with all of the
4 following:
5 (i) Take an oath or affirmation of office, as
6 prescribed by the commission.
7 (ii) Receive from the commission a certificate of
8 appointment, setting forth name and address, date of
9 appointment and the length of appointment.
10 (6) The commission may annually designate registration
11 places in the wards.
12 (7) The commission may appoint employees necessary to
13 perform the functions of the office and to register the
14 voters of the city. Employees shall be paid compensation as
15 set by the commission.
16 (8) Removal shall be as follows:
17 (i) The commission has the power to remove any
18 employee, inspector, registrar or other officer appointed
19 or employed by it. No registrar appointed under paragraph
20 (3) may be removed except for cause.
21 (ii) A qualified elector of the city may appear
22 before the commission and show that a registrar assigned
23 under paragraph (2) or appointed under paragraph (3) does
24 not possess the qualifications requisite for the
25 performance of duties of office or has violated this
26 part. If, after public hearing, the commission finds the
27 charges brought to be true, the commission shall remove
28 the registrar.
29 (9) An inspector of registration has the authority to
30 investigate all matters regarding voter registration and to
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1 make recommendations to the commission.
2 (10) The commission may employ counsel. Counsel shall
3 advise the commission regarding its powers and duties, the
4 rights of individuals and the best methods of legal procedure
5 for carrying out this part and shall appear for and represent
6 the commission on all appeals under sections 1602 (relating
7 to court of common pleas) and 1603 (relating to commission
8 duties). The amount of compensation for counsel shall be set
9 by the city commissioners.
10 (11) Employees and clerks of the commission shall be
11 privileged from arrest while acting as registrars.
12 Commissioners and inspectors of registration shall be
13 privileged from arrest while performing their duties, except
14 upon warrant of a court of record for a felony, for wanton
15 breach of the peace or for a criminal violation of this part.
16 (b) Counties of the second through eighth classes.--
17 (1) The registration commission shall appoint a chief
18 clerk who may be the chief clerk of the county commissioners.
19 The chief clerk has authority to administer oaths and to sign
20 vouchers.
21 (2) Registrars and inspectors of registration must be
22 qualified electors of the county. Registrars and inspectors
23 of registration shall receive compensation, either on a per
24 diem basis for time actually employed or on the basis of work
25 actually done, as fixed by the salary board of the county. No
26 registrar or inspector of registration may exercise any power
27 of office until taking an oath or affirmation of office
28 prescribed by the commission and receiving from the
29 commission a certificate of appointment, setting forth name
30 and address, date of appointment and length of appointment.
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1 (3) Other staff shall be as follows:
2 (i) A commission may appoint assistants and
3 employees as necessary to carry out this part and may
4 remove them. The number and compensation of assistants
5 and employees shall be fixed by the salary board of the
6 county. A commission may appoint employees of the county
7 to act for the commission without additional
8 compensation.
9 (ii) The employees to be appointed by a commission
10 include:
11 (A) Registrars or clerks who are empowered to
12 register the qualified electors of the county and, in
13 so doing, to administer oaths and affirmations.
14 (B) Inspectors of registration who have
15 authority to investigate all matters regarding voter
16 registration and to make recommendations to the
17 commission.
18 (4) The county solicitor shall be counsel for the
19 commission and shall receive no compensation in addition to
20 compensation as county solicitor. Counsel shall advise the
21 commission regarding its powers and duties and the rights of
22 individuals and concerning the best methods of legal
23 procedure for carrying out this part and shall appear for and
24 represent the commission on appeals taken from its decisions
25 or orders.
26 (5) Any insertion or removal of names or other
27 information in registers and the amendment of registration
28 records done by any employee of a commission or by order of a
29 commission shall be construed to have been done by the
30 commission. The commission shall be responsible for the
20010S0607B1680 - 20 -
1 correction of errors.
2 (6) No individual who holds or is a candidate for public
3 or party office may be appointed to or hold any office or
4 employment under any commission except as otherwise provided
5 by this part.
6 (7) Commissioners, registrars and inspectors of
7 registration shall be privileged from arrest while performing
8 their duties except upon warrant of a court of record for a
9 felony, for wanton breach of the peace or for a criminal
10 violation of this part.
11 (8) A commissioner or the chief clerk may act as
12 registrar or inspector of registration. When acting under
13 this subsection, the commissioner or chief clerk has the
14 powers and duties conferred by law upon registrars and
15 inspectors of registration.
16 § 1205. Police assistance.
17 A commission may call on police officers of the appropriate
18 municipality to maintain the peace at a place of registration.
19 § 1206. Unexpended balance; source of funds.
20 (a) Unexpended balance.--Unexpended balances of
21 appropriations made by the county commissioners prior to the
22 effective date of this part for the purpose of carrying out the
23 former act of March 30, 1937 (P.L.115, No.40), known as The
24 First Class City Permanent Registration Act, and the former act
25 of April 29, 1937 (P.L.487, No.115), known as The Permanent
26 Registration Act for Cities of the Second Class, Cities of the
27 Second Class A, Cities of the Third Class, Boroughs, Towns, and
28 Townships, are transferred to and made available for commissions
29 under this part.
30 (b) Source of funds.--A commission may accept and use in the
20010S0607B1680 - 21 -
1 performance of its duties funds received from the Federal
2 Government, the Commonwealth or any other source.
3 § 1207. Open records and documents.
4 (a) Scope.--The following documents under this part are open
5 to public inspection except as otherwise provided in this
6 section:
7 (1) Records of a registration commission and district
8 registers.
9 (2) Street lists.
10 (3) Official voter registration applications.
11 (4) Petitions and appeals.
12 (5) Witness lists.
13 (6) Accounts and contracts.
14 (7) Reports.
15 (b) Use.--Open material under subsection (a) may be
16 inspected during ordinary business hours subject to the
17 efficient operation of a commission. Public inspection shall
18 only be in the presence of a commissioner or authorized
19 commission employee and shall be subject to proper regulation
20 for safekeeping of the material and subject to this part. Upon
21 request, a photocopy of the record or computer-generated data
22 record shall be provided at cost. The material may not be used
23 for commercial or improper purposes.
24 SUBCHAPTER B
25 STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE)
26 Sec.
27 1221. (Reserved).
28 1222. SURE system.
29 1223. SURE system costs.
30 § 1221. (Reserved).
20010S0607B1680 - 22 -
1 § 1222. SURE system.
2 (a) Establishment.--The department shall develop and
3 establish a Statewide Uniform Registry of Electors to be known
4 as the SURE system.
5 (b) Advisory board.--
6 (1) The secretary shall form an advisory board to confer
7 with the department regarding the SURE system.
8 (2) The advisory board shall be comprised of four
9 directors of elections who have been appointed as follows:
10 (i) Two directors by the Senate, one appointed by
11 the Minority Leader and one appointed by the President
12 pro tempore of the Senate.
13 (ii) Two directors by the House of Representatives,
14 one appointed by the Minority Leader and one appointed by
15 the Speaker of the House of Representatives.
16 (c) Requirements.--The SURE system shall be developed as a
17 single, uniform integrated computer system. All commissions
18 shall be connected electronically to the SURE system and shall
19 maintain their registration records in the system. The SURE
20 system shall, at a minimum, do all of the following:
21 (1) Contain a database of all registered electors in
22 this Commonwealth.
23 (2) Ensure the integrity and accuracy of all
24 registration records in the system by prohibiting
25 unauthorized entry, modification or deletion of registration
26 records.
27 (3) Assign a unique SURE registration number to each
28 individual currently registered in this Commonwealth.
29 (4) Permit the commissions to add, modify and delete
30 information in the system as is necessary and appropriate.
20010S0607B1680 - 23 -
1 (5) Permit each commission and the department to have
2 instant access to a commission's registration records
3 maintained on the system.
4 (6) Be the general register for a commission once the
5 commission is connected to the SURE system.
6 (7) Permit each commission and the department to review
7 and search the system and to permit the sending of notices to
8 the appropriate officials regarding death, change of address
9 or other information which could affect the qualifications of
10 an applicant or the registration of a registered elector.
11 (8) Provide for the electronic transfer of completed
12 voter registration applications and changes of address in
13 accordance with this part.
14 (9) Preserve the power of the commissions to make
15 determinations as to the qualifications of applicants.
16 (10) Assign a unique SURE registration number to each
17 qualified elector who becomes registered and record the
18 registered elector in the general register of the appropriate
19 commission.
20 (11) Permit auditing of each registered elector's
21 registration record from the day of its creation until the
22 day it is canceled.
23 (12) Permit the department to implement section
24 1901(b)(1)(i) (relating to removal of electors).
25 (13) Permit the timely printing and transmission by
26 commissions of district registers and all other information
27 contained in the system as may be necessary for the operation
28 of the polling places on election days.
29 (14) Be designed with an emergency recovery system to
30 insure that registration records are not lost in the case of
20010S0607B1680 - 24 -
1 an emergency, natural disaster or other such event that could
2 cause the system to malfunction.
3 (15) IDENTIFY THE ELECTION DISTRICT TO WHICH A QUALIFIED <--
4 ELECTOR OR REGISTERED ELECTOR SHOULD BE ASSIGNED.
5 (16) CREATE AND PRODUCE REPORTS REQUIRED BY THIS ACT.
6 (17) IDENTIFY DUPLICATE VOTER REGISTRATIONS ON A
7 COUNTYWIDE AND STATEWIDE BASIS.
8 (18) MAINTAIN A RECORD OF POLLING PLACE LOCATIONS AND
9 DISTRICT ELECTION OFFICERS.
10 (19) IDENTIFY REGISTERED ELECTORS WHO HAVE BEEN ISSUED
11 ABSENTEE BALLOTS FOR AN ELECTION IN ACCORDANCE WITH THE ACT
12 OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA
13 ELECTION CODE.
14 (20) IDENTIFY REGISTERED ELECTORS WHO VOTE IN AN
15 ELECTION AND THE METHOD BY WHICH THEIR BALLOTS WERE CAST.
16 (21) PRINT THE WALLET-SIZED IDENTIFICATION CARDS
17 REQUIRED BY SECTION 1328 (RELATING TO APPROVAL OF
18 REGISTRATION APPLICATIONS).
19 (d) Records.--Within 30 days of receiving notice from the
20 department, each commission shall provide to the department, in
21 the manner and form established by the department, an electronic
22 copy of its registration records. Beginning 60 days after
23 receiving notice in accordance with this subsection and
24 continuing until the commission is connected to the SURE system,
25 each commission shall provide monthly to the department, in the
26 manner and form established by the department, an electronic
27 copy of its general register. The provision of records in
28 accordance with this subsection shall not be considered a part
29 of the establishment or implementation of the SURE system.
30 (e) Implementation.--The department shall implement the SURE
20010S0607B1680 - 25 -
1 system as soon as possible. The department shall establish, by
2 regulation, a schedule for each commission to be connected to
3 the SURE system. Commissions shall be connected in an order
4 which maximizes the accuracy, integrity and protection of
5 registration records on a Statewide basis. Upon being connected,
6 each commission shall be required to use the SURE system as its
7 general register. Connection of the commissions shall commence
8 no later than August 31, 2002, and shall be completed Statewide
9 by January 1, 2005.
10 (f) Regulations.--The secretary shall promulgate regulations
11 necessary to establish, implement and administer the SURE
12 system. Regulations shall include all of the following:
13 (1) Uniform procedures for the commissions relating to
14 the SURE system, including the process and manner of entering
15 information into the SURE system, the type and form of
16 information to be entered, the process for identifying and
17 removing duplicate registrations, the manner and time frame
18 for updating information in the system and the manner and
19 form of communications between commissions and between the
20 department and a commission.
21 (2) Periodic training requirements for commissions and
22 their employees.
23 (3) Such other regulations as are necessary to ensure
24 that the SURE system shall comply with all other provisions
25 of this part.
26 § 1223. SURE system costs.
27 The cost of establishment, implementation and maintenance of
28 the SURE system technology and its emergency recovery system
29 shall be borne by the Commonwealth.
30 CHAPTER 13
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1 VOTER REGISTRATION
2 Subchapter
3 A. Qualifications
4 B. Procedure
5 SUBCHAPTER A
6 QUALIFICATIONS
7 Sec.
8 1301. Qualifications to register.
9 1302. Residence of electors.
10 § 1301. Qualifications to register.
11 (a) Eligibility.--An individual who will be at least 18
12 years of age on the day of the next election, who has been a
13 citizen of the United States for at least one month prior to the
14 next election and who has resided in this Commonwealth and the
15 election district where the individual offers to vote for at
16 least 30 days prior to the next ensuing election and has not
17 been confined in a penal institution for a conviction of a
18 felony within the last five years shall be eligible to register
19 as provided in this chapter.
20 (b) Effect.--No individual shall be permitted to vote at any
21 election unless the individual is registered under this
22 subsection, except as provided by law or by order of a court of
23 common pleas. No registered elector shall be required to
24 register again for any election while the elector continues to
25 reside at the same address.
26 (c) Removal of residence.--Except as otherwise provided by
27 this part, a registered elector who removes residence from one
28 place to another outside the elector's last election district
29 shall not be entitled to vote in the election district of the
30 elector's last residence except pursuant to the provisions of
20010S0607B1680 - 27 -
1 this section and sections 1501(b) (relating to removal notices),
2 1502 (relating to transfer of registration) and 1902 (relating
3 to procedure for voting following failure to return notification
4 card).
5 § 1302. Residence of electors.
6 (a) General rule.--
7 (1) For the purpose of registration and voting, no
8 individual shall be deemed to have gained a residence by
9 reason of presence or lost a residence by reason of absence
10 in any of the following circumstances:
11 (i) Being employed in the service, either civil or
12 military, of this Commonwealth or of the United States.
13 (ii) Being engaged in the navigation of the waters
14 of this Commonwealth or of the United States or on the
15 high seas.
16 (iii) Being in an institution at public expense.
17 This subparagraph does not apply to a veteran who resides
18 in a home for disabled and indigent soldiers and sailors
19 maintained by the Commonwealth. Such a veteran may elect
20 to utilize that residence for registration and voting or
21 elect to vote as an absentee elector by the use of an
22 absentee ballot.
23 (2) Nothing in paragraph (1) shall preclude any elector
24 eligible under section 1301 (relating to qualifications to
25 register) from establishing the district of residence as the
26 election district of residence pursuant to subsection (b).
27 (3) Except as otherwise provided in this subsection, no
28 individual who is confined in a penal institution shall be
29 deemed a resident of the election district where the
30 institution is located. The individual shall be deemed to
20010S0607B1680 - 28 -
1 reside where the individual was last registered before being
2 confined in the penal institution, or if there was no
3 registration prior to confinement, the individual shall be
4 deemed to reside at the last known address before
5 confinement.
6 (4) An individual who resides at an institution for the
7 mentally ill or the mentally retarded, if otherwise qualified
8 under section 1301, shall be deemed, at the individual's
9 option, a resident in one of the following:
10 (i) The district where the institution is located.
11 (ii) The district where the individual was last
12 registered to vote before entering the institution. For
13 purposes of this subparagraph, if the individual was not
14 registered before entering the institution, the
15 individual shall be deemed to reside at the last known
16 address before entering the institution.
17 (b) Rules for determination.--The following apply:
18 (1) That the place shall be considered the residence of
19 an individual in which habitation is fixed and to which,
20 whenever the individual is absent, the individual has the
21 intention of returning.
22 (2) An individual shall not be considered to have lost
23 residence if the individual leaves home and goes into another
24 state or another election district for temporary purposes
25 only, with the intention of returning.
26 (3) An individual shall not be considered to have gained
27 a residence in an election district if the individual comes
28 into that district for temporary purposes only without the
29 intention of making that election district a permanent place
30 of abode.
20010S0607B1680 - 29 -
1 (4) If an individual removes to another state with the
2 intention of making that state the permanent residence, the
3 individual shall be considered to have lost residence in this
4 Commonwealth.
5 (5) If an individual removes to another state with the
6 intention of remaining there an indefinite time and making
7 that state the place of residence, the individual shall be
8 considered to have lost residence in this Commonwealth,
9 notwithstanding an intention to return at some indefinite
10 future period.
11 (6) If an individual goes into another state and, while
12 there, votes in an election held by that state, the
13 individual shall be considered to have lost residence in this
14 Commonwealth.
15 (7) An individual employed in the service of the Federal
16 Government or of the Commonwealth and required thereby to be
17 absent from the municipality where the individual resided
18 when entering that employment, and the spouse of the
19 individual, may remain registered in the district where the
20 individual resided immediately prior to entering that
21 employment; and the individual and the spouse shall be
22 enrolled in the political party designated by the individual
23 or spouse without declaring a residence by street and number.
24 (i) An individual who registers under this paragraph
25 for Commonwealth employment must produce a certificate
26 from the head of the State agency, under the seal of
27 office, setting forth that the individual or the
28 individual's spouse is actually employed in the service
29 of the Commonwealth and setting forth the nature of the
30 employment and the time when the employee first entered
20010S0607B1680 - 30 -
1 the employment. The commission shall retain certificates
2 under this subparagraph.
3 (ii) The commission shall note on the registration
4 record of each individual registered under this paragraph
5 the fact of Federal or State employment.
6 (iii) At least once every two years the commission
7 shall verify the employment of the individuals registered
8 under this paragraph at the proper Federal or State
9 office. If an individual is found to be no longer a
10 Federal or State employee, the individual's registration
11 shall be canceled under Chapter 15 (relating to changes
12 in records).
13 SUBCHAPTER B
14 PROCEDURE
15 Sec.
16 1321. Methods of voter registration.
17 1322. In-person voter registration.
18 1323. Application with driver's license application.
19 1324. Application by mail.
20 1325. Government agencies.
21 1326. Time.
22 1327. Preparation and distribution of applications.
23 1328. Approval of registration applications.
24 1328.1. SURE registration number.
25 1329. Challenges.
26 1330. Appeals.
27 § 1321. Methods of voter registration.
28 An individual qualified to register to vote under section
29 1301(a) (relating to qualifications to register) may apply to
30 register as follows:
20010S0607B1680 - 31 -
1 (1) Under section 1322 (relating to in-person voter
2 registration).
3 (2) Under section 1323 (relating to application with
4 driver's license application).
5 (3) Under section 1324 (relating to application by
6 mail).
7 (4) Under section 1325 (relating to government
8 agencies).
9 § 1322. In-person voter registration.
10 (a) General rule.--Applications may be submitted to register
11 to vote or change party enrollment or name or address on a
12 current registration record in person before the commission or a
13 commissioner, a registrar or a clerk at the office of the
14 commission or at a place designated by the commission. The
15 applicant shall be advised that any intentional false statement
16 on the application constitutes perjury and will be punishable as
17 such. The applicant shall provide the information required on
18 the registration application and sign the registration
19 declaration. The commission shall prepare and provide voter
20 registration applications for the purpose of registering
21 qualified electors in accordance with this section.
22 Notwithstanding any other provision of this part, the commission
23 may use a mail registration application for in-person
24 registration. The commission shall mail the qualified elector an
25 identification card in accordance with section 1328 (relating to
26 approval of registration applications).
27 (b) Notice.--The commission shall, within a reasonable time,
28 publicly announce the address of each place of registration, the
29 address of each office of the commission established for the
30 registration of qualified electors other than its main office
20010S0607B1680 - 32 -
1 and the days and hours when the place or office is open for the
2 registration of qualified electors. The announcement shall be
3 made by posting notice at the place or office and at the
4 commission's main office and by other means as the commission
5 deems advisable.
6 (c) Polls.--The election board of each county shall cause
7 any polling place to be open, in proper order for use, as a
8 place of registration on each day when the polling place is
9 desired by the commission or required by the provisions of this
10 part for use as a place of registration. The appropriating
11 authority of the county shall provide for the payment of rentals
12 for such polling places and other places of registration.
13 (d) Schools.--The board of public education or the board of
14 school directors shall furnish suitable space in any public
15 school building under its jurisdiction or control and shall
16 cause the space to be open and in proper order for use as a
17 place of registration on each day when the space is desired by
18 the commission for use as a place of registration in accordance
19 with the provisions of this part. Use under this subsection may
20 not interfere with school instruction.
21 (e) Municipal buildings.--The proper authority in the county
22 or municipality shall furnish suitable space in a building under
23 its jurisdiction or control and shall cause the space to be open
24 and in proper order for use as a place of registration on each
25 day when the space is desired by the commission for use as a
26 place of registration. Use under this subsection may not
27 interfere with the use for which the space is primarily
28 designed.
29 § 1323. Application with driver's license application.
30 (a) General rule.--
20010S0607B1680 - 33 -
1 (1) The Department of Transportation shall provide for
2 simultaneous application for voter registration in
3 conjunction with the process under 75 Pa.C.S. § 1510
4 (relating to issuance and content of driver's license). An
5 application under this subsection shall serve as an
6 application to register to vote unless the applicant fails to
7 sign the voter registration application. The secretary has
8 the primary responsibility for implementing and enforcing the
9 driver's license voter registration system created under this
10 section. The secretary, in consultation with the Secretary of
11 Transportation, may promulgate regulations for implementing
12 this section.
13 (2) An application for voter registration submitted to
14 the Department of Transportation under this subsection shall
15 be considered as updating any previous voter registration
16 information by a registrant.
17 (3) Any change of address submitted to the Department of
18 Transportation for the purposes of driver licensing shall
19 serve as notification of change of address for voter
20 registration for the registrant involved unless the
21 registrant indicates that the change of address is not for
22 voter registration purposes.
23 (b) Process.--
24 (1) The Department of Transportation shall provide for
25 an application for voter registration as part of a driver's
26 license application.
27 (2) The format of the driver's license/voter
28 registration application shall be determined and prescribed
29 by the secretary and the Secretary of Transportation.
30 (3) The voter registration application portion of the
20010S0607B1680 - 34 -
1 application shall contain all the requirements of an official
2 voter registration application specified in section 1327
3 (relating to preparation and distribution of applications).
4 The voter registration portion of the application:
5 (i) may not require any information that duplicates
6 information required in the driver's license portion of
7 the form, other than a second signature; and
8 (ii) may require only the minimum amount of
9 information necessary to prevent duplicate voter
10 registration, to enable the commission to assess the
11 eligibility of the applicant and to administer voter
12 registration and other parts of the election process.
13 (c) Transmission.--
14 (1) The Department of Transportation shall forward
15 completed applications or contents of the completed voter
16 registration applications in machine-readable format to the
17 department by the close of registration for the ensuing
18 election.
19 (2) The department shall transmit the material to the
20 appropriate commission within ten days after the date of its
21 receipt by the Department of Transportation. If a voter
22 registration application is received by the Department of
23 Transportation within five days before the last day to
24 register before an election, the application shall be
25 transmitted to the appropriate commission not later than five
26 days after the date of its receipt by the Department of
27 Transportation.
28 (3) Upon receipt of the completed voter registration
29 information from the department, the commission shall make a
30 record of the date of the receipt of the application and
20010S0607B1680 - 35 -
1 process the application. No applicant shall be deemed
2 eligible to vote until the commission has received and
3 approved the application.
4 (3.1) After the Department of Transportation is
5 connected to the SURE system and notwithstanding paragraphs
6 (1), (2) and (3), the Department of Transportation shall
7 transmit electronically the contents of a completed voter
8 registration application within five days of receipt of the
9 application. Upon receipt of the information from the
10 Department of Transportation, a commission shall make a
11 record of the date of the receipt of the application and
12 process the application in accordance with section 1328
13 (relating to approval of registration applications). If the
14 commission of the county of residence has not been connected
15 to the SURE system, the Department of Transportation shall
16 forward the completed application or contents of the
17 completed application to the department in accordance with
18 paragraph (1). No applicant shall be deemed eligible to vote
19 until the commission has received and approved an application
20 in accordance with section 1328.
21 (4) Changes of address shall comply with the following:
22 (i) Before the Department of Transportation is
23 connected to the SURE system, the Department of
24 Transportation shall notify the department of changes of
25 address received under subsection (a)(3). The department
26 shall notify the commission of the county of the
27 registrant's former residence. After the Department of
28 Transportation is connected to the SURE system, the
29 Department of Transportation shall notify the commission
30 of the county of the registrant's former residence. If
20010S0607B1680 - 36 -
1 the registrant has moved to an address outside this
2 Commonwealth, the commission shall verify the address
3 change in accordance with section 1901 (relating to
4 removal of electors). Except as provided in subparagraph
5 (ii), if the registrant confirms in accordance with
6 section 1901(d) that he has moved to another county, the
7 commission shall cancel the registration and forward the
8 registrant's registration information to the commission
9 of the registrant's new county of residence. Except as
10 provided in subparagraph (ii), if the registrant has
11 moved to an address within the commission's jurisdiction,
12 the commission shall promptly update the registration
13 record of the registrant in accordance with section 1328.
14 All changes of address received by the Department of
15 Transportation under this section at least 30 days before
16 an election must be processed by the commission for the
17 ensuing election. For the purpose of this paragraph, the
18 term "registration information" means the registration
19 card and any other record of registration maintained by a
20 commission.
21 (ii) In the case of changes of address received by
22 the Department of Transportation which do not contain a
23 signature of the registrant, the commission receiving the
24 change of address notification shall mail a notice to the
25 registrant at the new residence address requesting
26 verification of the address change. If the change of
27 address is to a new residence outside the commission's
28 jurisdiction, the commission shall mail the following
29 notice:
30 Date................
20010S0607B1680 - 37 -
1 Office of the Registration Commission
2 .......... County, Pennsylvania
3 ........ (Address and Telephone No. of County)
4 We have been notified by the Department of Transportation
5 that you recently changed your address from
6 ................. (old residence address) to
7 ............... (new residence address) and that this
8 change of address is to serve as a change of address for
9 voter registration purposes. Unless you notify this
10 office within ten days from the date of this notice that
11 this information is not correct, your voter registration
12 will be transferred to ........... County. You may notify
13 this office by writing your residence address, the date
14 and your signature on the bottom of this form and mailing
15 this notice to this office. You need not notify this
16 office if this information is correct.
17 ............................
18 Chief Clerk
19 If the address change is within the commission's
20 jurisdiction, the commission shall mail a voter's
21 identification card to the registrant at the new
22 residence address.
23 (iii) If the registrant does not return the notice
24 under subparagraph (ii) within the ten-day period, the
25 commission shall process the change of address according
26 to subparagraph (i). If the registrant notifies the
27 commission that the information is incorrect and the
28 commission is satisfied with the registrant's explanation
29 of the discrepancy, the address of the registrant's
30 registration shall remain unchanged. If the verification
20010S0607B1680 - 38 -
1 notification or voter identification card is returned by
2 the post office as undeliverable as addressed or with a
3 forwarding address, the commission shall send a
4 confirmation notice to the registrant's address of former
5 residence in accordance with section 1901(d)(2) (relating
6 to removal of electors).
7 (5) Upon notification and confirmation of any change of
8 address, a commission shall promptly update information
9 contained in its registration record.
10 (d) Prohibition.--An individual who is not a qualified
11 elector is ineligible to register to vote under this section.
12 (e) Effect.--Failure to properly complete a voter
13 registration application shall not affect the validity of an
14 application for a driver's license, a renewal application or an
15 identification card application.
16 (f) Use of information.--No information regarding a
17 declination to register to vote in connection with an
18 application made under this section may be used for any purpose
19 other than voter registration.
20 (g) Staff.--Agents and employees working on behalf of the
21 Department of Transportation assisting in the completion of
22 voter registration applications shall conduct themselves in a
23 manner consistent with the following principles:
24 (1) They shall not seek to influence an applicant's
25 political preference or party registration or display
26 political preference or party allegiance.
27 (2) They shall not make a statement to an applicant or
28 take an action the purpose or effect of which is to
29 discourage the applicant from registering to vote.
30 (3) Applicants wishing to register to vote under this
20010S0607B1680 - 39 -
1 section shall be given the same degree of assistance with the
2 voter registration application as with all other Department
3 of Transportation forms.
4 Agency employees who violate this subsection shall be removed
5 from employment, provided that the agency at its discretion may
6 impose a penalty of suspension without pay for at least 30 days,
7 but not more than 120 days, if it finds that the violation does
8 not warrant termination.
9 § 1324. Application by mail.
10 (a) General rule.--An application to register to vote or to
11 change party enrollment or name or address on a current
12 registration may be submitted by voter registration mail
13 application in the manner set forth in this section. An
14 application may be submitted by mail or by representative to the
15 commission on an official mail registration application, the
16 form of which shall be determined and prescribed by the
17 secretary or the Federal Election Commission pursuant to the
18 National Voter Registration Act of 1993 (Public Law 103-31, 42
19 U.S.C. § 1973gg et seq.). The applicant must complete the
20 information required on the registration application and sign
21 the registration declaration.
22 (b) Time.--Registration under this section may be made at
23 any time. If a registration application is received by a
24 commission beyond the deadline for registration provided in
25 section 1326 (relating to time), the application shall be
26 retained by the commission until the beginning of the next
27 period during which registration can be made.
28 (c) Military electors.--
29 (1) A military elector may apply at any time for
30 registration on an official registration application or any
20010S0607B1680 - 40 -
1 form prescribed by the Federal Government for such purpose.
2 (2) The status of a military elector to register under
3 this section with respect to residence shall remain as the
4 same home residence status from which the military elector is
5 qualified to register. If, at the time of leaving that home
6 address, the military elector had not resided in this
7 Commonwealth or in a particular election district for a
8 sufficient time to have been entitled to be registered but,
9 by continued residence, would have become entitled to be
10 registered, the military elector shall be entitled to be
11 registered at the time the military elector would have been
12 entitled to register had the military elector not left that
13 home address but continued to reside there.
14 (3) The commission is authorized to consider a request
15 for an absentee ballot as a request for an official
16 registration application and to forward to the requester all
17 of the following:
18 (i) An absentee ballot and balloting material.
19 (ii) An official registration application.
20 (4) The military elector must complete and file these
21 documents in accordance with the applicable provisions of the
22 act of June 3, 1937 (P.L.1333, No.320), known as the
23 Pennsylvania Election Code.
24 (5) The right to be registered pursuant to this
25 subsection shall not be subject to challenge for any reason
26 other than failure to have furnished the commission a
27 properly completed registration application.
28 § 1325. Government agencies.
29 (a) General rule.--The secretary shall administer a system
30 whereby all offices in this Commonwealth that provide public
20010S0607B1680 - 41 -
1 assistance, each county clerk of orphan's court, including each
2 marriage license bureau, all offices in this Commonwealth that
3 provide State-funded programs primarily engaged in providing
4 services to persons with disabilities and all armed forces
5 recruitment centers do all of the following:
6 (1) Distribute voter registration applications with each
7 application; reapplication; and application for
8 recertification, renewal or change of address.
9 (2) Assist applicants with completion of the
10 registration application unless assistance is refused.
11 (3) Accept completed registration applications.
12 (4) Transmit completed applications to the appropriate
13 commission.
14 (b) Forms.--An agency designated in subsection (a) shall
15 provide a form for office visits or, if the agency provides
16 services to persons with disabilities, for home visits which
17 contains all of the following:
18 (1) The question, "If you are not registered to vote
19 where you live now, would you like to apply to register to
20 vote today?"
21 (2) If the agency provides public assistance, the
22 statement, "Applying to register or declining to register to
23 vote will not affect the amount of assistance that you will
24 be provided by this agency."
25 (3) Boxes for the applicant to check to indicate whether
26 the applicant would like to register or decline to register
27 to vote. In close proximity to the boxes the following words
28 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
29 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
30 TO VOTE AT THIS TIME."
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1 (4) The statement, "In order to be qualified to register
2 to vote, you must be at least 18 years of age on the day of
3 the next election, you must have been a citizen of the United
4 States for at least one month prior to the next election and
5 have resided in Pennsylvania and the election district where
6 you plan to vote for at least 30 days prior to the next
7 election, and you must not have been confined in a penal
8 institution for a conviction of a felony within the last five
9 years."
10 (5) The statement, "If you would like help in filling
11 out the voter registration application form, we will help
12 you. The decision whether to seek help is yours. You may fill
13 out the form in private."
14 (6) The statement, "If you believe that someone has
15 interfered with your right to register or to decline to
16 register to vote, your right to privacy in deciding whether
17 to register or in applying to register to vote or your right
18 to choose your own political party or other political
19 preference, you may file a complaint with the Secretary of
20 the Commonwealth, Pennsylvania Department of State,
21 Harrisburg, PA 17120." The secretary shall establish and
22 publish a toll-free telephone number for the purpose of
23 receiving complaints.
24 (c) Effect.--Failure to check either box under subsection
25 (b)(3) shall be considered a declination to register to vote.
26 (d) Staff.--Agency employees assisting in the completion of
27 voter registration applications shall conduct themselves in a
28 manner consistent with the following principles:
29 (1) They shall not seek to influence an applicant's
30 political preference or party registration or display
20010S0607B1680 - 43 -
1 political preference or party allegiance.
2 (2) They shall not make any statement to an applicant or
3 take any action the purpose of or effect of which is to
4 discourage the applicant from registering to vote.
5 (3) They shall not make any statement to an applicant or
6 take any action the purpose of or effect of which is to lead
7 the applicant to believe that a decision to register or not
8 to register has any bearing on the availability of services
9 or benefits.
10 Agency employees who violate this subsection shall be removed
11 from employment, provided that the agency at its discretion may
12 impose a penalty of suspension without pay for at least 30 days,
13 but not more than 120 days, if it finds that the violation does
14 not warrant termination.
15 (e) Encouraging registration.--An agency designated in
16 subsection (a) shall provide reasonable space for nonpartisan
17 signs or posters encouraging voter registration. The signs and
18 posters shall be provided by the secretary.
19 (f) Transmission.--An agency designated in subsection (a)
20 shall forward all completed applications to the appropriate
21 commission within ten days after the date of receipt. If a voter
22 registration application is received within five days before the
23 last day to register before an election, the application shall
24 be transmitted to the appropriate commission not later than five
25 days after the date of its receipt by the agency.
26 (g) Confidentiality.--The identity of the voter registration
27 agency through which any particular voter is registered in
28 accordance with this section shall not be disclosed to the
29 public.
30 (h) Use of information.--No information relating to a
20010S0607B1680 - 44 -
1 declination to register to vote in connection with an
2 application made at an office described in this section may be
3 used for any purpose other than voter registration.
4 (i) Assistance.--Each agency shall provide to each applicant
5 who chooses to register to vote the same degree of assistance
6 with regard to the completion of the registration application
7 form as is provided by the office with regard to the completion
8 of its own forms, unless the applicant refuses such assistance.
9 (j) Regulation.--The secretary shall promulgate regulations
10 regarding the maintenance and destruction of forms used pursuant
11 to this section.
12 § 1326. Time.
13 (a) General rule.--Except as provided in subsection (b),
14 each commission, commissioners and registrars or clerks
15 appointed by the commission shall receive, during ordinary
16 business hours and during additional hours as the commission
17 prescribes, at the office of the commission and at additional
18 places as the commission designates, applications from
19 individuals who appear and claim that they are entitled to be
20 registered as electors of a municipality.
21 (b) Deadlines.--In the administration of voter registration,
22 each commission shall ensure that any applicant who is a
23 qualified elector is registered to vote in an election when the
24 applicant has met any of the following conditions:
25 (1) In the case of voter registration with a motor
26 vehicle driver's license application under section 1323
27 (relating to application with driver's license application),
28 if the valid voter registration application is submitted to
29 the appropriate Department of Transportation office not later
30 than 30 days before the date of the election.
20010S0607B1680 - 45 -
1 (2) In the case of registration by mail under section
2 1324 (relating to application by mail), if the valid voter
3 registration mail application is postmarked not later than
4 the deadline to register for the ensuing election or, in the
5 case of an illegible or missing postmark, it is received not
6 later than five days after the deadline to register for the
7 ensuing election.
8 (3) In the case of voter registration at a voter
9 registration agency under section 1325 (relating to
10 government agencies), if the valid voter registration
11 application is accepted at the voter registration agency not
12 later than 30 days before the date of the election.
13 (4) In any other case, if the valid voter registration
14 application of the applicant is received by the appropriate
15 commission not later than 30 days before the election.
16 (c) Special rules.--
17 (1) In the case of a special election within a
18 congressional, senatorial or representative district held on
19 a day other than the day of a primary, general or municipal
20 election, the registration application forms shall not be
21 processed in the wards and election districts comprising the
22 district for the 30 days prior to the special election for
23 such election.
24 (2) No applications shall be received as follows:
25 (i) On Sundays.
26 (ii) On holidays.
27 (iii) On the day of the election.
28 (iv) During the 30 days next preceding each
29 general, municipal and primary election, except as
30 provided in subsection (b).
20010S0607B1680 - 46 -
1 § 1327. Preparation and distribution of applications.
2 (a) Form.--
3 (1) The secretary shall prescribe the form of an
4 official voter registration application. The official voter
5 registration application shall provide space for the
6 following information about the applicant:
7 (i) Full name.
8 (ii) Address of residence. If the residence is a
9 portion only of the house, the location or number of the
10 room, apartment or floor which is occupied.
11 (iii) Mailing address if different than address of
12 residence.
13 (iv) Name and residence address on previous
14 registration and the year of that registration.
15 (v) Designation of political party, for the purpose
16 of voting at a primary election.
17 (vi) Date of birth.
18 (vii) Telephone number. An application shall not be
19 rejected because of noncompliance with this subparagraph.
20 (viii) Race. An application shall not be rejected
21 because of noncompliance with this subparagraph.
22 (2) Data required on the voter registration application
23 shall not be more nor less than the minimum data elements
24 permissible for Federal voter registration.
25 (3) Any person who assists in the completion of the
26 registration application shall sign the application and
27 indicate the person's address. In the case of those
28 registering under sections 1323 (relating to application with
29 driver's license application) and 1325 (relating to
30 government agencies), the person providing assistance shall
20010S0607B1680 - 47 -
1 insert the person's initials or employee or agent
2 identification number on a separate or detachable portion of
3 the application or computer data file.
4 (4) A voter registration application shall be printed on
5 stock of good quality and shall be of suitable uniform size.
6 Nothing in this part shall prohibit the design and use of an
7 electronic voter registration application which includes the
8 applicant's digitized or electronic signature. The
9 registration application shall contain the following
10 information; however, the information may be provided on a
11 separate form for voter registration made under section 1323
12 or 1325:
13 (i) Notice that a registered elector does not need
14 to reregister unless the registered elector has moved.
15 (ii) Instructions on how to fill out and submit the
16 application and notification of when the application must
17 be submitted to a voter registration office in order to
18 be registered for the ensuing election.
19 (iii) Notice that the applicant must be a citizen of
20 the United States for at least one month prior to the
21 next election and a resident of this Commonwealth and the
22 election district for at least 30 days and must be at
23 least 18 years of age by the day of the next ensuing
24 election and has not been confined in a penal institution
25 for a conviction of a felony within the last five years.
26 The notice required in this subparagraph shall be in
27 print identical to the declaration under subsection (b).
28 (iv) Notice that political party enrollment is
29 mandatory to vote in a primary election of a political
30 party.
20010S0607B1680 - 48 -
1 (v) Notice that the commission will mail by
2 nonforwardable mail to the applicant a voter's
3 identification card upon acceptance of the application
4 and that the applicant should contact the commission if
5 the identification card is not received within 14 days
6 from the date the application is sent to the registration
7 office.
8 (vi) Notice that registration is not complete until
9 the application is processed and accepted by the
10 commission.
11 (vii) A warning to the applicant that making a false
12 registration or furnishing false information is perjury.
13 The notice required in this subparagraph shall be in
14 print identical to the declaration under subsection (b).
15 (viii) Instructions to Federal or State employees
16 who wish to retain voting residence in county of last
17 residence to so indicate on the application.
18 (ix) Notice that, if an individual declines to
19 register to vote, the fact that the individual has
20 declined to register will remain confidential and will be
21 used only for voter registration purposes. The notice
22 required in this subparagraph shall be in print identical
23 to the declaration under subsection (b).
24 (x) Notice that, if an individual does register to
25 vote, the office at which the individual submits a voter
26 registration application will remain confidential and
27 will be used for voter registration purposes only. The
28 notices required in this subparagraph shall be in print
29 identical to the declaration in subsection (b).
30 (5) In jurisdictions where there is a single language
20010S0607B1680 - 49 -
1 minority, the secretary may print a bilingual application.
2 (6) In jurisdictions where a single language minority
3 exceeds 5% of the population, the secretary shall:
4 (i) print a bilingual application; and
5 (ii) conduct a public educational program among that
6 language group alerting both organizations and
7 individuals of that group of the availability of the
8 bilingual application and encouraging individuals to
9 register.
10 (7) To implement section 1324 (relating to application
11 by mail), the secretary shall print an official voter
12 registration mail application designed to preserve the
13 confidentiality of the information required to be submitted.
14 The application shall contain information required by this
15 section and shall include the name of each county seat, its
16 post office mailing address and zip code and its telephone
17 number. Voter registration mail applications shall contain
18 information indicating whether the application is a new
19 registration, change of party enrollment, change of address
20 or change of name.
21 (8) Nothing in this part shall prohibit a private
22 organization or individual from printing blank voter
23 registration applications or shall prohibit the use of such
24 applications by any other individual, provided that the form,
25 content and paper quality of such voter registration
26 application complies with department regulations for the
27 forms or has received prior approval from the secretary.
28 (b) Registration declaration.--
29 (1) The official voter registration application shall
30 contain a registration declaration. On the declaration, the
20010S0607B1680 - 50 -
1 applicant shall state all of the following:
2 (i) The applicant has been a citizen of the United
3 States for at least one month prior to the next election.
4 (ii) On the day of the next ensuing election, the
5 applicant shall be at least 18 years of age.
6 (iii) On the day of the next ensuing election, the
7 applicant shall have resided in this Commonwealth and in
8 the election district for at least 30 days.
9 (iv) The applicant has not been confined in a penal
10 institution for a conviction of a felony within the last
11 five years.
12 (v) The applicant is legally qualified to vote.
13 (2) The applicant shall affirm all of the following:
14 (i) The information provided in the registration
15 declaration is true.
16 (ii) The applicant understands that:
17 (A) the registration declaration will be
18 accepted for all purposes as the equivalent of an
19 affidavit; and
20 (B) if the registration contains a material
21 false statement, the applicant shall be subject to
22 penalties for perjury.
23 (3) The registration declaration shall contain the
24 printed name and signature of the applicant and the date of
25 signing. An applicant unable to sign the voter registration
26 application shall make a mark before a person of the
27 applicant's choice other than the applicant's employer or an
28 agent of the applicant's union. The person shall insert the
29 person's name, address and telephone number. If the person is
30 an employee or agent of the Department of Transportation or
20010S0607B1680 - 51 -
1 another agency, as provided under section 1325, and is
2 assisting the applicant in an official capacity, the employee
3 or agent shall insert the initials and identification number
4 of the employee or agent. In the case of applicants
5 registering under section 1323 or 1325, the person providing
6 assistance shall insert initials or employee or agent
7 identification number on a separate or detachable portion of
8 the application or computer data file.
9 (4) The official registration application shall contain
10 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
11 notice shall advise the applicant that, if a person signs an
12 official registration application knowing a statement
13 declared in the application to be false, the person commits
14 perjury. The notice shall specify the penalty for perjury.
15 (c) Distribution.--
16 (1) The secretary shall supply official registration
17 applications to commissions.
18 (2) The secretary shall make available for distribution
19 official voter registration applications to public libraries,
20 public schools, State-related institutions of higher
21 education, offices operated by the Department of Revenue,
22 offices operated by the Department of Aging, area agencies on
23 aging, offices operated by the Pennsylvania Game Commission
24 or any of its authorized license-issuing agents, offices
25 operated by the Pennsylvania Fish and Boat Commission or any
26 of its issuing agents, and offices that provide unemployment
27 compensation.
28 (3) Each participating agency identified under paragraph
29 (2) shall:
30 (i) Provide that official voter registration mail
20010S0607B1680 - 52 -
1 applications are available on the premises and displayed
2 prominently in a conspicuous location during normal
3 business hours.
4 (ii) Provide an official voter registration mail
5 application to any individual requesting one.
6 (iii) Provide reasonable space for nonpartisan signs
7 or posters indicating the availability of official voter
8 registration mail applications on the premises.
9 (4) The secretary may provide technical assistance to
10 commissions upon request and agencies designated under
11 paragraph (2).
12 (5) The secretary shall print and distribute mail
13 registration applications which are not postage paid and
14 which shall not be specific to any county registration
15 office. Along with the distribution of such applications, the
16 secretary shall also include instructions to inform the
17 applicant where the application is to be sent.
18 (6) The secretary and commissions shall supply
19 applications to all of the following:
20 (i) Persons and organizations who request
21 applications.
22 (ii) Federal, State and political subdivision
23 offices.
24 (iii) Political parties and political bodies.
25 (iv) Candidates.
26 (d) Staff.--Agency employees assisting in the distribution
27 of voter registration applications under subsection (c) shall
28 conduct themselves in a manner consistent with the following
29 principles:
30 (1) They shall not seek to influence an applicant's
20010S0607B1680 - 53 -
1 political preference or party registration or display
2 political preference or party allegiance.
3 (2) They shall not make any statement to an applicant or
4 take any action the purpose of or effect of which is to
5 discourage the applicant from registering to vote.
6 (3) They shall not make any statement to an applicant or
7 take any action the purpose of or effect of which is to lead
8 the applicant to believe that a decision to register or not
9 to register has any bearing on the availability of services
10 or benefits.
11 Agency employees who violate this subsection shall be removed
12 from employment, provided that the agency at its discretion may
13 impose a penalty of suspension without pay for at least 30 days,
14 but not more than 120 days, if it finds that the violation does
15 not warrant termination.
16 § 1328. Approval of registration applications.
17 (a) Examination.--Upon receiving a voter registration
18 application, a commissioner, clerk or registrar of a commission
19 shall do all of the following:
20 (1) Initial and date the receipt of the application.
21 (2) Examine the application to determine all of the
22 following:
23 (i) Whether the application is complete.
24 (ii) Whether the applicant is a qualified elector.
25 (iii) Whether the applicant has an existing
26 registration record. After the commission is connected to
27 the SURE system, the commissioner, clerk or registrar
28 shall search the SURE system on a Statewide basis to
29 determine if the applicant has an existing registration
30 record.
20010S0607B1680 - 54 -
1 (iv) Whether the applicant is entitled or qualified
2 to receive the requested transfer or change, if
3 applicable.
4 (b) Decision.--A commission shall do one of the following:
5 (1) Forward application.--Record and forward a voter
6 registration application to the proper commission if the
7 commission finds during its examination under subsection (a)
8 that the applicant does not reside within the commission's
9 county but resides elsewhere in this Commonwealth.
10 (2) Reject application.--Reject a voter registration
11 application, indicate the rejection and the reasons for the
12 rejection on the application and notify the applicant by
13 first class nonforwardable mail, return postage guaranteed of
14 the rejection and the reason if the commission finds during
15 its examination under subsection (a) any of the following:
16 (i) The application was not properly completed and
17 after reasonable efforts by the commission to ascertain
18 the necessary information, the application remains
19 incomplete or inconsistent.
20 (ii) The applicant is not a qualified elector.
21 (iii) The applicant is not entitled to a transfer of
22 registration or a change of address.
23 (iv) The applicant is not legally qualified for a
24 change of name.
25 A rejection shall be made no later than ten days before the
26 election succeeding the filing of the application.
27 (3) New applicant registration.--Process a voter
28 registration application in accordance with subsection (c) if
29 the commission finds during its examination under subsection
30 (a) all of the following:
20010S0607B1680 - 55 -
1 (i) The application requests registration.
2 (ii) The application contains the required
3 information indicating that the applicant is a qualified
4 elector of the county.
5 (4) Update existing registration.--Process a voter
6 registration application in accordance with subsection (c)
7 and update its registration records if the commission finds
8 during its examination under subsection (a) all of the
9 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 (iii) The applicant is currently a registered
15 elector of the county.
16 (5) Transfer existing registration.--Process a voter
17 registration application in accordance with subsection (c)
18 and request transfer of registration records in accordance
19 with subsection (d) if the commission finds during its
20 examination under subsection (a) all of the following:
21 (i) The application requests registration.
22 (ii) The application contains the required
23 information indicating that the applicant is a qualified
24 elector of the county.
25 (iii) The applicant is currently a registered
26 elector of another county.
27 (6) Transfer request.--Process a voter registration
28 application in accordance with subsection (c) and request
29 transfer of registration records in accordance with
30 subsection (d) if the commission finds during its examination
20010S0607B1680 - 56 -
1 under subsection (a) all of the following:
2 (i) The application requests a transfer of
3 registration.
4 (ii) The application contains the required
5 information indicating that the applicant is a qualified
6 elector of the county.
7 (iii) The applicant is currently a registered
8 elector of another county.
9 (7) Change of address request.--Process a voter
10 registration application in accordance with subsection (c)
11 and update its registration if the commission finds during
12 its examination under subsection (a) all of the following:
13 (i) The application requests a change of address.
14 (ii) The application contains the required
15 information indicating that the applicant is a qualified
16 elector of the county.
17 (iii) The applicant is currently a registered
18 elector of the county.
19 (8) Change of name request.--Process a voter
20 registration application in accordance with subsection (c)
21 and update its registration records if the commission finds
22 during its examination under subsection (a) all of the
23 following:
24 (i) The application requests a change of name.
25 (ii) The applicant is legally qualified to a change
26 of name.
27 (iii) The application contains the required
28 information indicating that the applicant is a qualified
29 elector of the county.
30 (iv) The applicant is currently a registered elector
20010S0607B1680 - 57 -
1 of the county.
2 (c) Processing of voter registration.--
3 (1) When a commission has accepted a voter registration
4 application under subsection (b)(3), the commission shall
5 assign each applicant a unique identification number in the
6 SURE system. The commission shall mail a wallet-sized voter's
7 identification card to the individual by first class
8 nonforwardable mail, return postage guaranteed, which shall
9 serve as notice of the acceptance of the application. The
10 card shall contain all of the following:
11 (i) Name and address of the individual.
12 (ii) Name of municipality of residence.
13 (iii) Identification of the individual's ward and
14 district.
15 (iv) The effective date of registration.
16 (v) Designation of party enrollment and date of
17 enrollment.
18 (vi) A space for the individual's signature or mark.
19 (vii) The unique identification number of the
20 individual.
21 (viii) A statement that the individual must notify
22 the commission within ten days from the date it was
23 mailed if any information on the card is incorrect;
24 otherwise the information shall be deemed correct for
25 voter registration purposes.
26 (2) When a commission has accepted a voter registration
27 application under subsection (b)(4), (5), (6), (7) or (8),
28 the commission shall mail a wallet-sized voter's
29 identification card to the individual by first class
30 nonforwardable mail, return postage guaranteed, which shall
20010S0607B1680 - 58 -
1 serve as notice of the acceptance of the application. The
2 card shall contain all of the following:
3 (i) Name and address of the individual.
4 (ii) Name of municipality of residence.
5 (iii) Identification of the individual's ward and
6 district.
7 (iv) The effective date of registration.
8 (v) Designation of party enrollment and date of
9 enrollment.
10 (vi) A space for the individual's signature or mark.
11 (vii) The SURE registration number of the
12 individual.
13 (viii) A statement that the individual must notify
14 the commission within ten days from the date it was
15 mailed if any information on the card is incorrect;
16 otherwise the information shall be deemed correct for
17 voter registration purposes.
18 (3) An envelope containing a voter identification card
19 shall be marked on the outside with a request to the
20 postmaster to return it within five days if it cannot be
21 delivered to the addressee at the address given.
22 (4) (i) If an envelope containing a voter
23 identification card has been mailed in accordance with
24 paragraphs (1) and (3) and has not been returned to the
25 commission by the postmaster within ten days from the
26 date it was mailed, the individual shall be deemed a
27 registered elector of the county and the commission shall
28 enter the individual's registration information in the
29 general register. The unique identification number shall
30 be entered as the registered elector's SURE registration
20010S0607B1680 - 59 -
1 number. No person shall be deemed a registered elector of
2 the county until ten days after the voter identification
3 card has been mailed.
4 (ii) If an envelope containing a voter
5 identification card has been mailed in accordance with
6 paragraphs (2) and (3) and has not been returned to the
7 commission by the postmaster within ten days from the
8 date it was mailed, the individual shall be deemed a
9 registered elector of the county and the commission shall
10 enter the individual's registration information in the
11 general register. No person shall be deemed a registered
12 elector of the county until ten days after the voter
13 identification card has been mailed.
14 (5) If an envelope containing a voter identification
15 card is returned by the postmaster because the envelope is
16 undeliverable at the given address, the commission shall
17 investigate. If the commission finds that the individual is
18 not qualified to register from the address, the commission
19 shall reject the application and shall notify the individual
20 by first class forwardable mail of this action.
21 (d) Transfer of registration records.--
22 (1) If during application an individual discloses that
23 the individual is a registered elector of another county, the
24 commission of the individual's new county of residence shall
25 direct a cancellation notice to the commission of the
26 individual's former county of residence in accordance with
27 regulations promulgated under this part.
28 (2) Upon receipt of a notice transmitted in accordance
29 with paragraph (1), the commission of the individual's former
30 county of residence shall investigate. If the commission
20010S0607B1680 - 60 -
1 finds that the individual is a registered elector of the
2 county, the commission shall verify the address change with
3 the registered elector in accordance with this part. Upon
4 verifying that the registered elector has moved to another
5 county of residence, the commission shall cancel the
6 registered elector's registration, transfer a copy of the
7 canceled registration record to the commission of the
8 registered elector's new county of residence and retain a
9 record of the transfer. The commission of both counties shall
10 promptly update information contained in their registration
11 records.
12 (e) Challenges.--All challenges to applications for
13 registration shall be made as provided in section 1329 (relating
14 to challenges).
15 § 1328.1. SURE registration number.
16 Each registered elector shall be assigned a single and unique
17 SURE registration number in accordance with sections 1328
18 (relating to approval of registration applications) and 1514
19 (relating to conversion of registration records). Once assigned,
20 a SURE registration number shall not be changed, modified or
21 altered.
22 § 1329. Challenges.
23 (a) Standing.--An individual claiming the right to be
24 registered may be challenged by a commissioner, registrar or
25 clerk or by a qualified elector of the municipality.
26 (b) Complaint.--To make a challenge, a complainant must file
27 a challenge affidavit in a form prescribed by the secretary
28 containing the following information:
29 (1) Name of challenged individual.
30 (2) Address of challenged individual.
20010S0607B1680 - 61 -
1 (3) Name of complainant.
2 (4) Address of complainant.
3 (5) Date of affidavit.
4 (6) Reason for challenge.
5 (c) Response.--An individual who is challenged must respond
6 to the challenge affidavit as set forth in subsection (b) in a
7 written statement sworn or affirmed by the individual. The
8 challenged individual must produce such other evidence as may be
9 required to satisfy the registrar or commissioner as to the
10 individual's qualifications as a qualified elector.
11 (d) Resolution.--If the challenged individual establishes,
12 to the satisfaction of the commission, the right to be
13 registered as required by this part, the challenged individual
14 shall be registered. If the challenged individual does not
15 establish to the satisfaction of the commission the right to be
16 registered as provided in this part, the challenged individual's
17 registration, if any, shall be canceled, and the commission
18 shall promptly update information contained in its registration
19 records.
20 § 1330. Appeals.
21 (a) Right.--An individual whose application to be registered
22 has been denied may file with the commission a petition to be
23 registered, setting forth the grounds of the petition under oath
24 or affirmation. The petition must be filed by the 15th day prior
25 to an election.
26 (b) Hearing.--
27 (1) The commission shall fix a time for a public hearing
28 at its office not later than the tenth day prior to the
29 election.
30 (2) The commission shall give the person responsible for
20010S0607B1680 - 62 -
1 the rejection 48 hours' notice of the hearing.
2 (3) At the hearing, a clerk, inspector of registration
3 or qualified elector of the county may offer evidence as to
4 why the petitioner should not be registered.
5 (4) The commission, if satisfied that the petitioner is
6 entitled to be registered, shall direct registration.
7 CHAPTER 14
8 RECORDS
9 Sec.
10 1401. General register.
11 1402. District registers.
12 1403. Street lists.
13 1404. Public information lists.
14 1405. Retention of records.
15 1406. Reports.
16 § 1401. General register.
17 (a) General rule.--The general register shall contain all of
18 the following for each registered elector of the county:
19 (1) The ward and election district of residence.
20 (2) The registered elector's street address.
21 (3) Data required to be given upon removal from the
22 registered elector's residence.
23 (4) The date of each election at which the registered
24 elector votes.
25 (5) The digitized or electronic signature of the
26 registered elector.
27 (6) The SURE registration number.
28 (7) Whether the registered elector needs assistance to
29 vote and, if so, the nature of the disability.
30 (b) District register.--The general register shall be used
20010S0607B1680 - 63 -
1 by the commission to prepare the district register.
2 (c) SURE system.--After a commission is connected to the
3 SURE system, the general register of the commission shall
4 consist of the registration information contained on the SURE
5 system as maintained by the commission.
6 (d) Registration cards.--Before a commission is connected to
7 the SURE system, if a commission uses the original registration
8 cards for registered electors in the county as the district
9 register, the duplicate registration cards or photocopies of the
10 original registration cards shall be placed in exact
11 alphabetical order by last name of the registrant, shall be
12 indexed and shall be kept at the office of the registration
13 commission in a manner as to be properly safeguarded. These
14 cards constitute the general register of the county. They may
15 not be removed from the office of the commission except upon
16 order of a court of record. Nothing in this part shall preclude
17 the use of duplicate registration cards from applications
18 provided under the act of March 30, 1937 (P.L.115, No.40), known
19 as The First Class City Permanent Registration Act, or the 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.
24 (e) Digitized signature lists.--Before a commission is
25 connected to the SURE system, if a commission uses digitized
26 signature lists as the district register, the original
27 registration cards shall be placed in exact alphabetical order
28 by last name of the registrant, indexed and kept at the office
29 of the commission in a manner as to be properly safeguarded.
30 These original cards constitute the general register of the
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1 county. They may not be removed from the office of the
2 commission except upon order of a court of record. The
3 commission shall safely retain all registration cards used in
4 the registration of electors or in conducting an election. If a
5 commission has the capability to accept an electronic
6 application, the secretary may require the commission to produce
7 a computer-generated card to file in the general register. If
8 the commission finds a record for a registrant on the computer
9 database which is not contained in the general register, it
10 shall replace the original card with a computer-generated
11 duplicate card upon written permission from the registrant or
12 upon order of a court of record.
13 (f) Duplicate files.--Before a commission is connected to
14 the SURE system, if the commission deems a duplicate file of
15 registration cards necessary for administrative purposes, the
16 commission may prepare a reproduction in compliance with the
17 following:
18 (1) The registration form shall be photographed,
19 microphotographed or reproduced in a manner approved for
20 permanent records by the secretary.
21 (2) The device used to reproduce the card is one which
22 accurately reproduces the original in all details.
23 (3) The photographs, microphotographs or other
24 reproductions are open to public inspection and provision is
25 made for preserving, examining and using them.
26 § 1402. District registers.
27 (a) Registration card file.--
28 (1) Except as provided in subsection (b) and in section
29 1401(e) (relating to general register), the original
30 registration cards shall be filed by election districts in
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1 exact alphabetical order by last name of the registrant and
2 shall be indexed.
3 (2) The cards constitute the district register.
4 (3) The commission shall provide binders, which are
5 capable of being locked, for filing and indexing the
6 registration cards. The keys to the binders shall at all
7 times be retained by the commission.
8 (4) The district register shall be kept at the office of
9 the commission, except as provided in subsection (b), and
10 shall be open to public inspection, subject to reasonable
11 safeguards and regulations.
12 (b) Computer lists.--
13 (1) Before a commission is connected to the SURE system,
14 instead of using registration cards as the district register
15 as provided in subsection (a), a commission may use a
16 computer list or computer-generated cards containing the
17 registered electors arranged by election district,
18 alphabetically by last name of the registrant. The computer
19 list or computer-generated cards must be in a form prescribed
20 by the secretary and must contain necessary information that
21 would otherwise be available on the registration cards,
22 including a legible digitized signature of the registrant
23 copied from the signature on the registration card. The
24 district election officials shall have computer printouts at
25 the polling places containing the necessary information
26 needed to verify the identity of the elector. The digitized
27 signature list shall be open to public inspection, subject to
28 reasonable safeguards, rules and regulations.
29 (2) After a commission is connected to the SURE system,
30 each commission shall create from its general register a
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1 computer list to be used as the district register. For each
2 election district, the list shall contain the names of the
3 registered electors of the election district, alphabetically
4 by last name of each registered elector. Each page of the
5 list shall contain the name of the county, the election
6 district, the date of the election and the date and time the
7 list was prepared. The computer list shall be in a form
8 prescribed by the secretary and must contain necessary
9 information that would otherwise be available in the general
10 register, including a legible digitized or electronic
11 signature, the street address and political party of each
12 registered elector, and suitable space for insertion of the
13 signature of the registered elector and for insertion by the
14 proper election official of the number and letter of the stub
15 of the ballot issued to the registered elector or the
16 registered elector's number in the order of admission to the
17 voting systems and the initials of the election official who
18 enters the record of voting in the district register and
19 whether the elector needs assistance to vote and, if so, the
20 nature of the disability. The district register shall be kept
21 at the office of the commission and shall be open to public
22 inspection, subject to reasonable safeguards, rules and
23 regulations.
24 (3) Before connection to the SURE system, a commission
25 may, during systems conversion periods or emergency
26 conditions, provide for a district register containing the
27 original registration cards. The following apply:
28 (i) The original registration cards shall be filed
29 by election district, in one of the following orders, as
30 determined by the commission:
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1 (A) Exact alphabetical order by last name of
2 registrant.
3 (B) Order in which registrants' residences
4 appear upon the streets of the election district, in
5 exact alphabetical order by last name of registrant
6 for each residence.
7 (ii) The district register containing registration
8 cards shall be kept at the office of the commission and
9 shall be open for public inspection, subject to
10 reasonable safeguards and regulations and to the
11 provisions of this part.
12 (c) Accuracy.--It is the duty of the commission to compare
13 and correct the general register and district registers to
14 ensure their accuracy. By noon of the third day preceding an
15 election, the commission shall correct the district register for
16 each election district consistent with the information contained
17 in the general register.
18 (d) Delivery.--The commission shall deliver, in the manner
19 required by law for delivery of election materials, the district
20 register to the election officers for use on election day.
21 (e) Form.--District registers shall be enclosed within a
22 case or container and shall be locked and sealed by the
23 commission before delivery. The district register shall have
24 printed or written thereon the words "District Register of
25 Electors" and the district and ward, if any.
26 (f) Examination.--Immediately following each election, the
27 commission shall cause each district register to be examined.
28 The commission specifically shall compare the signature of each
29 elector on each voter's certificate with his signature in the
30 district register and shall report in writing to the district
20010S0607B1680 - 68 -
1 attorney any evidence or indication of probable fraud,
2 impersonation or forgery which may appear to the commission by
3 reason of the comparison. In the case of any elector whom the
4 election officers shall have recorded as removed, deceased, or
5 challenged and prevented from voting, the commission shall
6 ascertain the facts and shall correct the general and district
7 registers in accordance with Chapter 15 (relating to changes in
8 records).
9 § 1403. Street lists.
10 (a) Preparation.--Commencing not later than the 15th day
11 prior to each election, each commission shall prepare for each
12 election district a list of the names and addresses of all
13 registered electors as of that date resident in the district.
14 The list may not include the digitized or electronic signature
15 of a registered elector. The list shall be arranged in one of
16 the following manners:
17 (1) By streets and house numbers.
18 (2) Alphabetically by last name of each registered
19 elector.
20 (3) In a manner whereby the location of the elector's
21 residence can be identified.
22 (b) Copies.--The commission shall retain two copies of the
23 list under subsection (a) on file at its office and forward one
24 copy of the list under subsection (a) to the department. These
25 copies shall be available for public inspection during business
26 hours, subject to reasonable safeguards and regulations.
27 (c) Distribution.--The department and each commission shall
28 distribute the list under subsection (a) upon request as
29 follows:
30 (1) To officials concerned with the conduct of
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1 elections.
2 (2) To political parties and political bodies.
3 (3) To candidates.
4 (d) Organizations.--The commission may, for a reasonable
5 fee, distribute the list under subsection (a) to organized
6 bodies of citizens.
7 § 1404. Public information lists.
8 (a) Establishment.--
9 (1) A commission shall provide for computer inquiries
10 concerning individual registered electors. With respect to
11 each registered elector who is the subject of an inquiry, the
12 information provided shall contain the name, address, date of
13 birth and voting history. Upon request, the commission shall
14 supply a printed record for each such elector subject to the
15 provisions of this part. In addition, the commission may make
16 available for inspection a printed or computerized public
17 information list containing the name, address, date of birth
18 and voting history of each registered elector in the county.
19 (2) The list may also include information on voting
20 districts.
21 (3) The list may not contain the digitized or electronic
22 signature or SURE registration number of the registered
23 elector.
24 (b) Access.--
25 (1) The secretary may promulgate reasonable regulations
26 governing access to the list.
27 (2) No individual inspecting the list may tamper with or
28 alter it.
29 (3) No individual who inspects the list or who acquires
30 names of registered electors from the list may use
20010S0607B1680 - 70 -
1 information contained in the list for purposes unrelated to
2 elections, political activities or law enforcement. Before
3 inspecting the list or obtaining names of registered electors
4 or other information from the list, the individual must
5 provide identification to the public official having custody
6 of the public information list and must state in writing that
7 any information obtained from the list will not be used for
8 purposes unrelated to elections, political activities or law
9 enforcement.
10 (c) Copies.--
11 (1) The commission shall provide paper copies of the
12 public information lists and may provide copies in some other
13 form to any registered elector in this Commonwealth within
14 ten days of receiving a written request accompanied by
15 payment of the cost of reproduction and postage. The cost of
16 the copies shall be determined by the office providing
17 copies.
18 (2) An individual who inspects or acquires a copy of a
19 public information list may not use any information contained
20 in it for purposes unrelated to elections, political
21 activities or law enforcement.
22 § 1405. Retention of records.
23 (a) Computer lists.--Each commission shall preserve district
24 registers for at least five years in the manner, form and time
25 frame established by the department.
26 (b) Records.--
27 (1) The department and each commission shall preserve
28 for two years and shall make available for public inspection
29 and, where available, photocopying at a reasonable cost all
30 records concerning the implementation of programs and
20010S0607B1680 - 71 -
1 activities conducted for the purposes of ensuring the
2 accuracy and currency of official lists of registered
3 electors, except to the extent that the records relate to a
4 declination to register to vote or to the identity of a voter
5 registration agency through which any particular qualified
6 elector is registered.
7 (2) The records preserved under paragraph (1) shall
8 include lists of the names and addresses of all electors to
9 whom notices described in section 1501 (relating to removal
10 notices) are sent, and information concerning whether or not
11 the individual has responded to the notice as of the date
12 that inspection of the record is made.
13 (c) Original and existing records.--After a commission is
14 connected to the SURE system, the registration cards and
15 applications utilized under this part, under the act of June 30,
16 1995 (P.L.170, No.25), known as the Pennsylvania Voter
17 Registration Act, under the former act of March 30, 1937
18 (P.L.115, No.40), known as The First Class City Permanent
19 Registration Act, or under the former act of April 29, 1937
20 (P.L.487, No.115), known as The Permanent Registration Act for
21 Cities of the Second Class, Cities of the Second Class A, Cities
22 of the Third Class, Boroughs, Towns, and Townships, shall be
23 placed in alphabetical order by last name of the registered
24 elector, indexed and kept at the office of the commission in a
25 manner as to be properly safeguarded. They may not be removed
26 from the office of the commission except upon order of a court
27 of record. The commission shall safely retain all registration
28 cards used in the registration of registered electors for a <--
29 period of five years after connection at which time they may be
30 destroyed. IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE <--
20010S0607B1680 - 72 -
1 DEPARTMENT.
2 § 1406. Reports.
3 (a) Commission.--By March 1, a commission shall submit to
4 the secretary an annual report setting forth the number of
5 electors registered under sections 1322 (relating to in-person
6 voter registration), 1323 (relating to application with driver's
7 license application), 1324 (relating to application by mail) and
8 1325 (relating to government agencies). The report shall specify
9 the number of electors whose registration has been canceled
10 under Chapter 15 (relating to changes in records) and any other
11 information required by the secretary.
12 (b) Secretary.--The secretary shall submit an annual report
13 to the General Assembly by June 30 assessing the impact of this
14 part on the administration of elections during the preceding
15 year and including recommendations for improvements to
16 procedures, forms and other matters affected by this part.
17 CHAPTER 15
18 CHANGES IN RECORDS
19 Sec.
20 1501. Removal notices.
21 1502. Transfer of registration.
22 1503. Change of enrollment of political party.
23 1504. Disability.
24 1505. Death of registrant.
25 1506. Checkup of registers.
26 1507. Canvass of registered electors.
27 1508. Comparison and correction of registers.
28 1509. Petition to strike off names.
29 1510. Failure to vote.
30 1511. Cancellation, removal and preservation of registration
20010S0607B1680 - 73 -
1 cards.
2 1512. Correction of errors in cancellation or suspension.
3 1513. Applicability of provisions.
4 1514. Conversion of registration records.
5 § 1501. Removal notices.
6 (a) Form.--
7 (1) A commission shall make removal notices available to
8 electors who are registered in the county.
9 (2) The notice shall be printed upon cards suitable for
10 mailing, addressed to the office of the commission. The
11 notice shall provide the following information:
12 (i) The address of present residence, including
13 municipality.
14 (ii) The address of last registration, including
15 municipality.
16 (iii) Date of removal to present residence.
17 (iv) Signature.
18 (3) The notice shall contain a statement that the
19 registered elector may, by filling out properly and signing a
20 removal notice and returning it to the office of the
21 commission, secure the transfer of registration effective as
22 to elections at least 30 days after the date of removal into
23 the new district.
24 (4) The notice shall contain a warning to the registered
25 elector that the notice will not be accepted as an
26 application for transfer of the elector's registration unless
27 the signature thereon can be identified by the commission as
28 the elector's signature as it appears on file with the
29 commission.
30 (5) The notice shall contain a warning to the registered
20010S0607B1680 - 74 -
1 elector that the notice must be received by the commission
2 not later than 30 days before an election. If mailed, the
3 notice must be postmarked not later than the deadline for
4 registration or, in the case of an illegible or missing
5 postmark, received within five days of the close of
6 registration.
7 (b) Use.--A registered elector who removes residence from
8 one place to another within the same county must notify the
9 commission by filing a removal notice under subsection (a), or a
10 signed request for renewal that contains the information
11 required in subsection (a), with the commission not later than
12 the registration deadline before an election. If mailed, the
13 notice or request must be postmarked not later than the deadline
14 for registration or, in the case of an illegible or missing
15 postmark, received within five days of the close of
16 registration. The following apply:
17 (1) An official registration application of an elector
18 who has registered by mail qualifies as a removal notice.
19 (2) A registered elector who removes residence from one
20 place to another within the same county and who has not yet
21 filed a removal notice with the commission shall be permitted
22 to vote once at the elector's former polling place following
23 removal if, at the time of signing the voter's certificate,
24 the elector files with the judge of election a signed removal
25 notice properly filled out. Removal notices under this
26 paragraph shall be returned to the commission with the voting
27 check list, and the commission shall proceed to transfer the
28 registration of the elector under section 1502 (relating to
29 transfer of registration) and shall promptly update
30 information contained in its registration records. A
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1 registered elector may vote in the election district of the
2 elector's former residence no more than one time following
3 the elector's removal.
4 (3) A registered elector who removes residence from one
5 county to another county and who is not registered to vote in
6 the new county of residence shall be permitted to vote in the
7 election district in the former county of residence if, at
8 the time of signing the elector's certificate, the elector
9 files with the judge of election a signed affirmation
10 declaring the elector's new residence. A registered elector
11 may vote in the election district of the elector's former
12 residence no more than one time following the elector's
13 removal. Affirmations made under this paragraph shall be
14 returned to the commission of the elector's former county of
15 residence with the voting checklist, and that commission
16 shall proceed to transfer the registration of the elector
17 under section 1502. Upon receipt of the transfer notice, the
18 commission of the elector's new county of residence shall
19 immediately process the transfer of the elector in accordance
20 with section 1328 (relating to approval of registration
21 applications). Both commissions shall promptly update
22 information contained in their registration records.
23 § 1502. Transfer of registration.
24 (a) General rule.--Upon timely receipt of notification of
25 removal under section 1501(b) (relating to removal notices), the
26 commission shall proceed as follows:
27 (1) The signature on the notification document shall be
28 compared with the signature of the registered elector as it
29 appears on file with the commission.
30 (2) If the signature appears authentic, the commission
20010S0607B1680 - 76 -
1 shall enter the change of residence on the registered
2 elector's registration records.
3 (3) If a request for transfer which is determined to be
4 authentic under paragraph (2) shows a removal within the
5 period of 30 days preceding an election, the commission,
6 after such election, shall enter the change of residence on
7 the registered elector's registration record. The commission
8 shall advise the registered elector promptly in writing of
9 its action.
10 (4) When a registered elector has filed with a
11 commission a notice that the elector has moved from the
12 county to another county, if the signature appears authentic,
13 the commission shall enter the change of residence on the
14 elector's registration records, cancel the registration of
15 the elector and notify the commission of the elector's new
16 county of residence to register the elector. Upon receipt of
17 the transfer notice, the commission of the elector's new
18 county of residence shall immediately process the transfer of
19 the elector in accordance with section 1328 (relating to
20 approval of registration applications).
21 (5) If a request for transfer which is determined to be
22 authentic under paragraph (4) shows a removal within the
23 period of 30 days preceding an election, the commission,
24 after such election, shall enter the change of residence on
25 the elector's registration records, cancel the registration
26 of the elector and notify the commission of the elector's new
27 county of residence to register the elector. Upon receipt of
28 the transfer notice, the commission of the elector's new
29 county of residence shall immediately process the transfer of
30 the elector in accordance with section 1328.
20010S0607B1680 - 77 -
1 (6) A commission shall promptly update information
2 contained in its registration records.
3 (b) Electors unable to write.--A registered elector who is
4 unable to sign the notification document may affix a mark to the
5 notification document. The mark must be affixed in the presence
6 of a witness who must sign the notification document.
7 § 1503. Change of enrollment of political party.
8 By the deadline for registration, a registered elector who
9 desires to change the enrollment of political designation or
10 who, although registered, has not previously enrolled as a
11 member of a party may appear before a commissioner, registrar or
12 clerk or may submit an application by mail under section 1324
13 (relating to application by mail) and state in a signed writing
14 the political party in which the registered elector desires to
15 be enrolled. If the signature of the elector is verified by
16 comparison with the registered elector's signature as it appears
17 on file with the commission, the commissioner, registrar or
18 clerk shall make the change in its registration records. If
19 supported by other evidence of identity, a mark may be made in
20 lieu of a signature by a registered elector who is unable to
21 write. The mark must be made in the presence of a witness who
22 must sign the registration application.
23 § 1504. Disability.
24 (a) Eligibility.--If a registered elector by reason of
25 blindness, disability or inability to read or write is unable to
26 read the names on the ballot or on the voting machine labels or
27 is unable to see or mark the ballot or operate the voting
28 machine or to enter the voting compartment or voting machine
29 booth without assistance, the following apply:
30 (1) The elector may, at least ten days prior to the next
20010S0607B1680 - 78 -
1 election, personally make application to the commission or a
2 registrar or a clerk.
3 (2) The application must request the entry of the exact
4 nature of the disability on the elector's registration card.
5 (3) The commission shall make the entry as appropriate.
6 (4) If the disability is not entered on the registration
7 card, the elector may receive assistance if the elector
8 completes a declaration in the polling place.
9 (5) Following the election the commission shall examine
10 declarations completed under this section and shall update
11 the elector's voter registration card to reflect the need for
12 assistance and the nature of the disability.
13 (b) Termination.--If the commission ascertains that a
14 registered elector who has declared need for assistance is no
15 longer in need of assistance, it shall cancel on the
16 registration record the entry relating to illiteracy or
17 disability which authorized assistance. The commission shall
18 notify the elector by mail of its action.
19 § 1505. Death of registrant.
20 (a) Department of Health.--A commission shall cancel the
21 registration of a registered elector reported dead by the
22 Department of Health. The Department of Health shall, within 60
23 days of receiving notice of the death of an individual 18 years
24 of age or older, send the name and address of residence of that
25 individual to a commission in a manner and on a form prescribed
26 by the department. The commission shall promptly update
27 information contained in its registration records.
28 (b) Other sources.--A commission may also utilize published
29 newspaper obituaries, letters testamentary or letters of
30 administration issued by the office of the registrar of wills to
20010S0607B1680 - 79 -
1 cancel and remove the registration of an elector, provided that
2 such removals are uniform, nondiscriminatory and in compliance
3 with the Voting Rights Act of 1965 (Public Law 89-110, 42 U.S.C.
4 § 1973 et seq.). The commission shall promptly update
5 information contained in its registration records.
6 (c) Corrections.--An individual incorrectly reported
7 deceased by the Department of Health or incorrectly removed by a
8 commission for reason of death may appear in person before a
9 commissioner, registrar or clerk at the office of the commission
10 and prove identity. The commission, upon such proof, shall
11 correct its registration records.
12 § 1506. Checkup of registers.
13 (a) General rule.--At any time prior to the 30th day
14 preceding an election, a commission may mail to any qualified
15 elector whose name appears in any district register a notice
16 setting forth the elector's name and address as it appears in
17 the register and requesting the elector in case of any error to
18 present the notice within ten days at the office of the
19 commission to have the error corrected and warning that any
20 discrepancy between the qualified elector's actual name and
21 address and his name and address as recorded in the original
22 register will constitute ground for challenging the elector's
23 vote. The notice shall contain on the outside, "Do not forward,
24 return to board of elections," and a request of the postal
25 service to return it within five days if it cannot be delivered
26 to the addressee at the address given.
27 (b) Checkup by postal service.--At any time prior to the
28 30th day preceding an election, the commission may cause a
29 checkup to be made by the postal service of any qualified
30 elector whose name appears in any district register.
20010S0607B1680 - 80 -
1 (c) Quadrennial checkups.--At least once in each four years
2 the commission may conduct a checkup of each registered elector
3 by either of the methods provided for in subsections (a) and
4 (b).
5 (d) Failure to deliver notice.--Upon the return by the
6 postal service of any notice which it has been unable to deliver
7 at the given address because the addressee cannot be found there
8 or upon report by the postal service that any registered elector
9 does not reside at the address given on the registration card,
10 the commission shall do one of the following:
11 (1) Direct an authorized employee to visit in person the
12 address of the qualified elector and, if the employee finds
13 that the qualified elector does not reside at the address, to
14 leave at the address the notice prescribed by subsection (e).
15 (2) Mail to the registered elector at the address given
16 on the registration card the notice prescribed by subsection
17 (e). The notice shall be sent as first class mail and shall
18 contain on the outside a request to the postmaster to forward
19 it if the addressee does not reside at the address given
20 thereon.
21 (e) Communication with commission.--The notice stipulated by
22 subsection (d) shall require the registered elector to
23 communicate with the commission by a date designated by the
24 commission, which shall be not less than ten days nor more than
25 30 days from the service or mailing of the notice and, in any
26 case, not later than the 15th day preceding an election, and
27 satisfy the commission of qualifications as a qualified elector.
28 At the expiration of the time specified in the notice, the
29 commission shall cancel the registration of a person who has not
30 communicated with the commission and proved qualifications as a
20010S0607B1680 - 81 -
1 qualified elector, except that, if a registered elector who has
2 been mailed the notice prescribed by this subsection
3 communicates with the commission claiming the right to remain
4 registered at the address to which the original notice was
5 mailed, the commission shall investigate and, if not satisfied
6 of the right of the registered elector to remain registered at
7 the address, shall cancel the registration of the elector. Every
8 elector whose registration is canceled under this section must
9 register in the manner provided by this part in order to be
10 eligible to vote at any election.
11 (f) Elector in military service.--The registration of a
12 person in military service shall not be canceled by reason of
13 the failure of the person to reside at the address appearing
14 upon the district register if the person resided at the address
15 on the date of entering military service.
16 § 1507. Canvass of registered electors.
17 (a) Verification.--The commission may, by individual
18 commissioners or by inspectors of registration, verify the
19 registration in an election district by visiting each building
20 from which an elector is registered and other buildings as the
21 commission deems necessary. The commission shall make a record
22 of the name and address of each person registered who is not
23 found to reside at the address from which the person is
24 registered or who for any other reason appears to be not
25 qualified to vote in the election district from which the person
26 is registered. The commission shall leave at the address of each
27 such person the notice prescribed by section 1506(e) (relating
28 to checkup of registers).
29 (b) Action.--At the expiration of the time specified in the
30 notice under section 1506(e), the commission shall cancel or
20010S0607B1680 - 82 -
1 suspend the registration of each such person who has not
2 communicated with the commission and proved qualifications as an
3 elector.
4 (c) Special inspectors.--For the purpose of facilitating a
5 canvass, the commission may, when necessary, appoint special
6 inspectors of registration in number not exceeding double the
7 number of election districts which the commission determines to
8 canvass. They must be qualified electors of the county. They
9 shall be appointed without reference to residence in election
10 districts or to their political affiliations or beliefs. The
11 commission shall instruct each special inspector in discharging
12 duties.
13 § 1508. Comparison and correction of registers.
14 Commencing 30 days prior to each election, the commission
15 shall compare and correct the general and district registers.
16 § 1509. Petition to strike off names.
17 (a) Initiation.--At any time not later than the tenth day
18 preceding an election, a qualified elector, including any
19 watcher and any registrar or inspector of registration, may
20 petition the commission to cancel or suspend the registration of
21 a registered elector. The petition must set forth, under oath or
22 affirmation, all of the following:
23 (1) Sufficient grounds for the cancellation or
24 suspension.
25 (2) That:
26 (i) notice of the time and place when the petition
27 would be presented has been given personally to the
28 registered elector at least 24 hours prior to the
29 presentation of the petition; or
30 (ii) the registered elector could not be found at
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1 the place given in the district register as residence and
2 the person in charge of that place, whose name must be
3 given in the petition, has declared that the person was
4 well acquainted with the names of all individuals
5 residing at the place and that the registered elector had
6 never been or was no longer one of them or that no such
7 individual is residing at the address.
8 (b) Action.--Upon receipt of a petition under subsection
9 (a), the commission shall cancel or suspend the registration of
10 the registered elector and amend accordingly the general and
11 district registers and other records affected unless the
12 registered elector so registered appears and shows cause why
13 this action should not be taken.
14 § 1510. Failure to vote.
15 (a) Check of electors.--By April 1 of each year except in a
16 year in which the commission conducts a check of electors under
17 section 1506(c) (relating to checkup of registers), the
18 commission shall examine all of the district registers.
19 (b) Suspension.--A qualified elector who has been registered
20 for a period of at least two immediately preceding calendar
21 years but who is not recorded as having voted at an election
22 during that period is subject to suspension of registration in
23 accordance with the following procedure:
24 (1) If a registered elector who has been registered for
25 a period of at least two immediately preceding calendar years
26 is not recorded as having voted at an election during that
27 period, the commission shall send to the registered elector
28 by mail, at the address appearing upon the registration card,
29 a notice setting forth that the records of the commission
30 indicate that the registered elector has not voted during the
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1 two immediately preceding calendar years and that the
2 registered elector's registration will be canceled at the
3 expiration of 30 days from the date of mailing the notice
4 unless the registered elector, within that period, files with
5 the commission, either personally or by mail, a written
6 request for reinstatement of registration or a removal notice
7 properly executed setting forth the registered elector's
8 place of residence and signed by the registered elector.
9 (2) Within 30 days from the date of mailing of the
10 notice under paragraph (1), the registered elector must file
11 with the commission, either personally or by mail, a written
12 request for reinstatement of registration or a properly
13 executed removal notice which sets forth the registered
14 elector's place of residence and which is signed by the
15 registered elector. The official registration application
16 card of a registered elector who has registered by mail
17 qualifies as a request for reinstatement of registration or a
18 removal notice under this paragraph.
19 (3) Within 30 days from the date of mailing of the
20 notice under paragraph (1), the commission shall cancel the
21 registration of a registered elector who has not complied
22 with paragraph (2).
23 (c) Effect.--Cancellation of registration under this section
24 shall not affect the right of a qualified elector to
25 subsequently register in the manner provided by this part.
26 § 1511. Cancellation, removal and preservation of registration
27 records.
28 (a) General rule.--If the registration of a registered
29 elector is canceled for any cause, the commission shall mark on
30 the registration record of the elector the word "canceled" and
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1 the date and cause of cancellation and shall remove them from
2 the general and district registers. Such record shall be kept
3 for five years, after which the commission may destroy it.
4 (b) Nonessential records.--All records which are not
5 essential for maintaining the current status of a registered
6 elector may be destroyed by the commission after three years.
7 § 1512. Correction of errors in cancellation or suspension.
8 If the registration of a registered elector has been canceled
9 or suspended through error, the registered elector may petition
10 the commission for reinstatement of registration not later than
11 the tenth day preceding an election. After a hearing on the
12 application, if error on the part of the commission is proved,
13 the commission shall reinstate the registration.
14 § 1513. Applicability of provisions.
15 (a) Suspension.--To the extent that the Secretary of the
16 Commonwealth determines that the National Voter Registration Act
17 of 1993 (Public Law 103-31, 42 U.S.C. § 1973gg et seq.)
18 prohibits the cancellation of registration for elections for
19 Federal office because of a failure to vote as provided in
20 section 1510 (relating to failure to vote), the provisions of
21 sections 1506 (relating to checkup of registers) through 1512
22 (relating to correction of errors in cancellation or suspension)
23 are suspended. The suspension shall become effective upon
24 publication of notice of the determination in the Pennsylvania
25 Bulletin.
26 (b) Effect of suspension.--Should the provisions of sections
27 1506 through 1512 be suspended as provided in subsection (a),
28 the provisions of Chapter 19 (relating to provisions contingent
29 on Federal Law) shall be effective during the period of
30 suspension.
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1 § 1514. Conversion of registration records.
2 The department shall convert the registration records of each
3 commission in accordance with section 1222 (relating to SURE
4 system). In converting the registration records of each
5 commission, the department shall assign each registered elector
6 a SURE registration number which the commission shall add to the
7 registration records of the registered elector.
8 CHAPTER 16
9 COMMISSION PROCEEDINGS AND JUDICIAL REVIEW
10 Sec.
11 1601. Subpoenas and witness fees.
12 1602. Court of common pleas.
13 1603. Commission duties.
14 § 1601. Subpoenas and witness fees.
15 (a) Authorization.--A commission may issue a subpoena.
16 (b) Form and effect.--A subpoena under subsection (a) shall
17 be in substantially the same form and have the same force and
18 effect as a subpoena issued by a court of common pleas. The
19 commission shall have the benefit of the process of the
20 appropriate court of common pleas if necessary to enforce a
21 subpoena.
22 (c) Benefit.--A subpoena may be issued as follows:
23 (1) Upon the motion of a commission.
24 (2) Upon motion of a party before a commission. A
25 subpoena under this paragraph is only valid for one day. It
26 must be renewed by 4 p.m. for the next day.
27 (d) Fees.--
28 (1) Witnesses subpoenaed under this section shall be
29 compensated under 42 Pa.C.S. § 5903 (relating to compensation
30 and expenses of witnesses).
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1 (2) Witnesses subpoenaed under subsection (c)(1) shall
2 be paid by commission funds.
3 (3) Witnesses subpoenaed under subsection (c)(2) shall
4 be paid by the party. No subpoena shall be issued under
5 subsection (c)(2) until the party pays the commission a fee
6 of $10 for issuing the same and deposits with the commission
7 one day's witness fees for each witness to be summoned.
8 (4) As soon as convenient after a hearing is concluded
9 or continued, the commission shall pay witnesses under
10 paragraphs (2) and (3). Unearned fees deposited under
11 paragraph (3) shall be refunded to the depositing party.
12 (5) If the petition of the elector is sustained, the
13 commission shall pay to the elector all costs paid on the
14 elector's behalf.
15 (e) Commission funds.--A commission shall pay over to the
16 county treasurer fees received under subsection (d)(3). The
17 accounts of the commission respecting payments under subsection
18 (d)(2) shall be subject to audit by the county controller.
19 § 1602. Court of common pleas.
20 (a) Standing.--The following have standing to appeal an
21 action of a commission to the appropriate court of common pleas:
22 (1) An applicant whose claim for registration has been
23 denied.
24 (2) An individual whose registration has been canceled
25 by a commission.
26 (3) A qualified elector of a municipality whose rights
27 are impaired by any general order made by a commission.
28 (b) Time.--An appeal under subsection (a) must be made by
29 the seventh day preceding an election.
30 (c) Grounds.--The appeal must request relief and set forth
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1 the grounds for relief.
2 (d) Hearing.--Upon timely receipt of an appeal under this
3 section, the court shall conduct a hearing.
4 (e) Order.--If the court finds that an injustice has been
5 done, it shall reverse or modify the ruling of the commission
6 and issue appropriate injunctive relief.
7 (f) Costs.--
8 (1) Except as provided in paragraph (2), the court may
9 award costs for the appeal to the prevailing party.
10 (2) Costs may not be assessed against a commission or a
11 county.
12 § 1603. Commission duties.
13 In an appeal under section 1602 (relating to court of common
14 pleas), the registration commission shall produce any petition,
15 register or other record in its custody relevant to the issue
16 involved.
17 CHAPTER 17
18 PENALTIES
19 Sec.
20 1701. Lawful orders.
21 1702. Registration.
22 1703. Application.
23 1704. Altering registration.
24 1705. Votes.
25 1706. Duties under part.
26 1707. Official documents and electronic records.
27 1708. Withholding information.
28 1709. Law enforcement assistance.
29 1710. Interference.
30 1711. Preventing registration.
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1 1712. Approval of registration.
2 1713. Solicitation of registration.
3 1714. Crimes Code.
4 § 1701. Lawful orders.
5 A person who intentionally disobeys a lawful order of a
6 registration commission or a commissioner commits a misdemeanor
7 of the third degree and shall, upon conviction, be sentenced to
8 pay a fine of not more than $2,500.
9 § 1702. Registration.
10 (a) Improper.--A registrar, commissioner or clerk who
11 knowingly registers or permits the registration of an applicant
12 not lawfully entitled to be registered commits a misdemeanor of
13 the first degree and shall, upon conviction, be sentenced to pay
14 a fine of not more than $10,000 or to imprisonment for not more
15 than five years, or both.
16 (b) Denial.--A registrar, commissioner or clerk who, without
17 reasonable cause, refuses to register a qualified elector
18 lawfully entitled to be registered commits a misdemeanor of the
19 first degree and shall, upon conviction, be sentenced to pay a
20 fine of not more than $10,000 or to imprisonment for not more
21 than five years, or both.
22 § 1703. Application.
23 (a) Prohibition.--An individual may not do any of the
24 following:
25 (1) Apply for registration with knowledge or reason to
26 know that the individual is not entitled to registration.
27 (2) Apply for a change of residence with knowledge or
28 reason to know that the individual is not entitled to the
29 change.
30 (3) Declare as residence a place or address which the
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1 individual knows is not the individual's legal residence.
2 (4) Intentionally impersonate another in an application
3 for registration.
4 (b) Penalty.--A person who violates subsection (a) commits a
5 misdemeanor of the first degree and shall, upon conviction, be
6 sentenced to pay a fine of not more than $10,000 or to
7 imprisonment for not more than five years, or both, and to
8 forfeit the right of suffrage for ten years.
9 § 1704. Altering registration.
10 (a) Prohibition.--No registrar, commissioner, clerk or
11 assistant or commission employee may do any of the following:
12 (1) Intentionally insert or permit to be inserted an
13 entry in a registration record without a proper application
14 under this part or without requiring the proper evidence of
15 the right of the applicant to be registered.
16 (2) Intentionally materially alter a registration record
17 after the entries have been made unless the alteration is in
18 accordance with this part. This paragraph does not apply to
19 an alteration pursuant to an order of a court of common pleas
20 or of a commission.
21 (b) Penalty.--A person who violates subsection (a) commits a
22 misdemeanor of the first degree and shall, upon conviction, be
23 sentenced to pay a fine of not more than $10,000 or to
24 imprisonment for not more than five years, or both.
25 § 1705. Votes.
26 (a) Prohibition.--An election officer may not do any of the
27 following:
28 (1) Knowingly refuse the vote of a registered elector.
29 (2) Knowingly accept the vote of an individual not
30 registered under this part. This paragraph does not apply to
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1 a person in actual military service or an individual having
2 an order of court.
3 (3) Knowingly receive a vote from a person falsely
4 claiming to be a registered elector.
5 (b) Penalty.--A person who violates subsection (a) commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 sentenced to pay a fine of not more than $10,000 or to
8 imprisonment for not more than five years, or both.
9 § 1706. Duties under part.
10 Any commissioner, registrar, clerk, inspector of
11 registration, commission officer, commission assistant,
12 commission employee, individual, partnership or corporation that
13 intentionally delays, neglects or refuses to perform a duty
14 imposed by this part commits a misdemeanor of the second degree
15 and shall, upon conviction, be sentenced to pay a fine of not
16 more than $5,000 or to imprisonment for not more than two years,
17 or both.
18 § 1707. Official documents and electronic records.
19 (a) Prohibition.--A person may not do any of the following:
20 (1) Intentionally insert or permit to be inserted a
21 material entry in any registration record, the SURE system
22 street list, affidavit, petition, subpoena, certificate,
23 report or other record, authorized or required by this part
24 to be made or prepared for a purpose set forth in this part,
25 which entry is not in accordance with this part.
26 (2) Intentionally materially alter or intentionally
27 destroy an entry which has been made in a registration
28 record, the SURE system, a street list, an affidavit, a
29 petition, a subpoena, a certificate, a report or another
30 record, authorized or required by this part to be made or
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1 prepared for a purpose set forth in this part, unless the
2 alteration or destruction is not in accordance with this
3 part.
4 (3) Remove a record from lawful custody with the intent
5 to prevent the record from being used, inspected or copied.
6 (4) Access the SURE system, its component parts, or any
7 other official documents or records without lawful
8 authorization or with the intent to publicize or otherwise
9 unlawfully misuse the equipment or information contained
10 therein.
11 (b) Penalty.--A person who violates subsection (a) commits a
12 misdemeanor of the first degree and shall, upon conviction, be
13 sentenced to pay a fine of not more than $6,000 or to
14 imprisonment for not more than three years, or both.
15 § 1708. Withholding information.
16 A person who intentionally refuses to furnish to a
17 commissioner or an inspector of registration information or
18 documents which the commissioner or inspector is authorized to
19 have under this part commits a misdemeanor of the second degree
20 and shall, upon conviction, be sentenced to pay a fine of not
21 more than $5,000 or to imprisonment for not more than two years,
22 or both.
23 § 1709. Law enforcement assistance.
24 A law enforcement officer who, upon demand of any
25 commissioner or inspector of registration, or of the secretary,
26 fails to render demanded assistance in the maintenance of peace
27 and in the making of arrests without warrant as provided in this
28 part or who intentionally hinders or attempts to hinder any
29 commissioner, inspector of registration or the secretary in the
30 performance of a duty commits a misdemeanor of the second degree
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1 and shall, upon conviction, be sentenced to pay a fine of not
2 more than $5,000 or to imprisonment for not more than two years,
3 or both.
4 § 1710. Interference.
5 A person who intentionally interferes with any other person
6 in the performance of any act or duty authorized or imposed by
7 this part commits a misdemeanor of the second degree and shall,
8 upon conviction, be sentenced to pay a fine of not more than
9 $5,000 or to imprisonment for not more than two years, or both.
10 § 1711. Preventing registration.
11 (a) Prohibition.--No person may do any of the following:
12 (1) Knowingly and intentionally prevent an applicant who
13 is a qualified elector from being registered.
14 (2) By coercion, threats of bodily injury or
15 intimidation, intentionally prevent or attempt to prevent an
16 applicant who is a qualified elector from being registered or
17 a registered elector from changing political enrollment in
18 accordance with the provisions of this part.
19 (3) Intentionally give or promise or offer to give money
20 or goods to an individual as an inducement for the individual
21 to enroll in a particular party or for a registrant to change
22 political enrollment.
23 (4) Prevent a record from being used, inspected or
24 copied.
25 (b) Penalty.--A person who violates subsection (a) commits a
26 misdemeanor of the first degree and shall, upon conviction, be
27 sentenced to pay a fine of not more than $10,000 or to
28 imprisonment for not more than five years, or both.
29 § 1712. Approval of registration.
30 (a) Prohibition.--A person may not do any of the following:
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1 (1) Intentionally alter a party designation without a
2 request from the registered elector.
3 (2) Intentionally fail to make a transmission under
4 section 1328 (relating to approval of registration
5 applications).
6 (b) Penalty.--A person who violates subsection (a) commits a
7 misdemeanor of the third degree and shall, upon conviction, be
8 sentenced to pay a fine of $2,500 or to imprisonment for not
9 more than one year, or both.
10 § 1713. Solicitation of registration.
11 (a) Prohibition.--A person may not give, solicit or accept
12 payment or financial incentive to obtain a voter registration if
13 the payment or incentive is based upon the number of
14 registrations or applications obtained.
15 (b) Penalty.--A person who violates subsection (a) commits a
16 misdemeanor of the third degree and shall, upon conviction, be
17 sentenced to pay a fine of not less than $500 nor more than
18 $2,500 or to imprisonment for not less than one month nor more
19 than one year, or both.
20 § 1714. Crimes Code.
21 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
22 4903 (relating to false swearing) and 4904 (relating to unsworn
23 falsification to authorities) apply to violations of this part.
24 CHAPTER 18
25 ENFORCEMENT
26 Sec.
27 1801. Attorney General.
28 1802. District attorneys.
29 1803. Power of department.
30 1804. Relief.
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1 § 1801. Attorney General.
2 (a) Investigation.--The secretary shall investigate alleged
3 violations of sections 1323 (relating to application with
4 driver's license application) and 1325 (relating to government
5 agencies) and report apparent violations to the Attorney
6 General.
7 (b) Prosecution.--Under section 205(a)(6) of the act of
8 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
9 Attorneys Act, the Attorney General shall have prosecutorial
10 jurisdiction over violations reported under subsection (a).
11 (c) Notifications.--The Attorney General shall notify the
12 State Treasurer in accordance with section 1804(b) (relating to
13 relief) if the secretary fails to notify the State Treasurer as
14 required by section 1803(b) (relating to power of department).
15 § 1802. District attorneys.
16 (a) Investigation.--Except as provided in section 1801
17 (relating to Attorney General), each commission shall
18 investigate alleged violations of this part within its county
19 and report apparent violations to the district attorney of the
20 county.
21 (b) Prosecution.--Subject to section 205(a)(3) through (5)
22 of the act of October 15, 1980 (P.L.950, No.164), known as the
23 Commonwealth Attorneys Act, the district attorney shall have
24 prosecutorial jurisdiction over violations reported under
25 subsection (a).
26 § 1803. Power of department.
27 (a) General rule.--The department shall have the authority
28 to take any actions, including the authority to audit the
29 registration records of a commission, which are necessary to
30 ensure compliance and participation by the commissions.
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1 (b) Notifications.--The secretary shall notify the State
2 Treasurer to withhold funds in accordance with section 1804(b)
3 (relating to relief) if a commission fails or refuses to comply
4 with the provisions of this part.
5 § 1804. Relief.
6 (a) Injunctive.--In the event that a commission fails to
7 adhere to any provision of this part, the secretary is
8 authorized to seek declaratory and injunctive relief in
9 Commonwealth Court.
10 (b) Withholding of appropriations.--In accordance with
11 sections 1801 (relating to attorney general) and 1803 (relating
12 to power of department) and in addition to any remedy provided
13 in subsection (a), the State Treasurer shall, upon notification,
14 withhold any part or all of the State appropriations to which a
15 county is entitled, including funding for the court of common
16 pleas but excluding funding for human services.
17 CHAPTER 19
18 PROVISIONS CONTINGENT ON FEDERAL LAW
19 Sec.
20 1901. Removal of electors.
21 1902. Procedure for voting following failure to return
22 notification card.
23 1903. Incorrect records.
24 1904. Files.
25 1905. Errors in cancellation.
26 1906. Termination of chapter.
27 § 1901. Removal of electors.
28 (a) Removal of elector's registration record.--Commissions
29 shall institute a program to protect the integrity of the
30 electoral process and to ensure the maintenance of accurate and
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1 current registration records. The program shall be uniform,
2 nondiscriminatory and in compliance with the Voting Rights Act
3 of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et seq.). An
4 elector's registration shall not be canceled except as follows:
5 (1) At the request of the elector.
6 (2) Upon the death of the elector under section 1505
7 (relating to Department of Health).
8 (3) Upon confirmation that the elector has moved to a
9 residence outside the county.
10 (4) Under a voter removal program as provided for under
11 subsection (b), and in compliance with the National Voter
12 Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
13 1973gg et seq.).
14 (b) Voter removal program.--
15 (1) Each commission shall establish a program to
16 identify registered electors whose address may have changed
17 by establishing one of the following programs:
18 (i) National change of address. The secretary shall
19 establish by regulation a program whereby information
20 supplied by the United States Postal Service through its
21 licensees is used on a periodic basis, but not less than
22 once every calendar year, to identify registered electors
23 who may have changed addresses. The information shall be
24 incorporated in the SURE system and shall be forwarded to
25 the commissions in a manner determined by the secretary
26 by regulation.
27 (A) If it appears from the information provided
28 through the United States Postal Service that a
29 registered elector has moved to a different residence
30 address within the same county as the elector is
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1 currently registered, the commission shall change the
2 registration records to show the new address and
3 shall send the elector, to the address recorded on
4 the elector's registration, a notice of the change of
5 address by forwardable mail and a postage prepaid,
6 preaddressed return form by which the elector may
7 verify or correct the address information.
8 (B) If it appears from the information provided
9 through the United States Postal Service that a
10 registered elector has moved to a different residence
11 address outside the county, the commission shall use
12 the notice procedure described in clause (A).
13 (ii) Confirmation mailing:
14 (A) A commission may establish a program by
15 sending a direct, nonforwardable first class "return
16 if undeliverable - address correction requested"
17 mailing to all registered electors in the county.
18 (B) If this program is established, the
19 commission shall use the notice procedure described
20 in subparagraph (i)(A) for any registered elector
21 whose mailing is returned undeliverable.
22 (2) In conjunction with and not as an alternative to a
23 program established under paragraph (1), a commission may use
24 a canvass as follows:
25 (i) The commission may, by commissioners or by
26 inspectors of registration, verify the registration in an
27 election district by visiting the building from which an
28 elector is registered and other buildings as the
29 commission deems necessary.
30 (ii) The commission shall make a record of the name
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1 and address of each registered elector who is found not
2 to reside at the registered address or who for any other
3 reason appears to be not qualified to vote in the
4 registered election district.
5 (iii) The commission shall leave at the address of
6 each registered elector referred to in subparagraph (ii)
7 a notice requiring him to communicate with the commission
8 on or before a date which the commission shall designate,
9 and which shall be not less than seven days and not more
10 than 15 days from the date of the notice and in any case
11 not later than the 15th day preceding the election next
12 ensuing, and satisfy the commission of his qualifications
13 as an elector. The commission shall cause a confirmation
14 of each such notice to be sent by mail promptly to the
15 registered elector at the address from which he is
16 registered. The envelope containing such information is
17 to be plainly marked that it is not to be forwarded. At
18 the expiration of the time specified in the notice, the
19 commission shall cancel the registration of the
20 registered elector who has not communicated with the
21 commission and proved his qualifications as a registered
22 elector.
23 (iv) To facilitate the canvass under this section, a
24 commission may, when necessary, appoint special
25 inspectors of registration, in number not exceeding
26 double the number of election districts being canvassed.
27 (v) Special inspectors must be registered electors
28 of the county. They shall be appointed without reference
29 to residence in election districts or to political
30 affiliations or beliefs. The commission shall instruct
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1 special inspectors in their duties. Special inspectors
2 have the powers conferred by this part upon inspectors of
3 registration.
4 (3) In conjunction with and not as an alternative to a
5 program established under paragraph (1), a commission shall
6 send a notice pursuant to subsection (d) to any registered
7 elector who has not voted nor appeared to vote during the
8 period beginning five years before the date of the notice and
9 ending on the date of the notice and for whom the board of
10 elections did not during that period in any other way receive
11 any information that the elector still resides in the
12 election district.
13 (4) A commission shall complete, not later than 90 days
14 before each municipal or general election, at least once per
15 year the voter removal programs under this section, and shall
16 promptly update information contained in its registration
17 records. This paragraph shall not be construed to preclude
18 any of the following:
19 (i) Cancellation of an elector's registration as
20 provided for under subsection (a)(1) or (2).
21 (ii) Correction of registration records in
22 accordance with this part.
23 (c) Identification of inactive electors.--A commission shall
24 mark an "I" on the registration records of each registered
25 elector who has been mailed a form under subsection (b)(1) or
26 (3) and has failed to respond, which shall be included with all
27 other registration records for that polling site and located at
28 the elector's polling site on the day of the election. The
29 commission shall promptly update the information contained in
30 its registration records.
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1 (d) Cancellation of registration.--
2 (1) A commission shall not cancel the registration of a
3 registered elector on the ground that the registered elector
4 has changed residence unless any of the following apply:
5 (i) The registered elector confirms in writing that
6 the elector has changed residence to a location outside
7 the county in which the elector is registered.
8 (ii) The registered elector:
9 (A) has failed to respond to a notice described
10 in paragraph (2); and
11 (B) has not voted nor appeared to vote and, if
12 necessary, corrected the commission's record of the
13 elector's address, in an election during the period
14 beginning on the date of the notice and ending on the
15 day after the date of the second general election for
16 Federal office that occurs after the date of the
17 notice.
18 (2) A notice, as required in paragraph (1)(ii), is
19 acceptable if it is a postage prepaid and preaddressed return
20 card, sent by forwardable mail, on which the registered
21 elector may state the elector's current address, if it
22 contains a notice as follows:
23 (i) The notice must state all of the following:
24 (A) If the registered elector did not change
25 residence or changed residence but still resides in
26 the county, the elector must return the card not
27 later than 30 days prior to the next election. If the
28 card is not returned, affirmation or confirmation of
29 the elector's address may be required before the
30 elector is permitted to vote in an election during
20010S0607B1680 - 102 -
1 the period beginning on the date of the notice and
2 ending on the day after the date of the second
3 general election for Federal office that occurs after
4 the date of the notice. If the elector does not vote
5 in an election during that period, the elector's
6 registration shall be canceled.
7 (B) If the registered elector has changed
8 residence to a place outside the county in which the
9 elector is registered, information shall be provided
10 concerning how the elector can register in the new
11 county of residence.
12 (ii) The notice must state the date of the notice,
13 the date of the next election and the date of the second
14 general election for Federal office occurring after the
15 date of the notice.
16 (3) The commission shall correct registration records in
17 accordance with change of residence information obtained in
18 conformance with this subsection. The commission shall also
19 promptly update its registration records.
20 § 1902. Procedure for voting following failure to return
21 notification card.
22 (a) Same county.--
23 (1) A registered elector who has moved from an address
24 in the county covered by a polling place to an address
25 covered by the same polling place shall, notwithstanding
26 failure to notify the commission prior to the date of an
27 election, be permitted to vote in that polling place upon
28 written affirmation by the elector of the change of address
29 before an election official at that polling place.
30 (2) A registered elector who has moved from one address
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1 in the county to another address in the same county covered
2 by a different polling place and who has failed to notify the
3 commission of the change of address prior to the date of an
4 election shall be permitted to correct the voting records and
5 vote at the elector's former polling place upon written
6 affirmation by the elector of the new address before an
7 election official at the former polling place.
8 (b) Different county.--A registered elector who has moved
9 from one county to another county and who has failed to notify
10 the commission of the change of address prior to the date of the
11 election shall be permitted to correct the voting records and
12 vote at the elector's former polling place upon written
13 affirmation by the elector of the new address before an election
14 official at the former polling place. Upon receipt of the
15 written affirmation, the commission shall follow the procedures
16 in this part for change of address to a new county and shall
17 update information contained in its registration records.
18 § 1903. Incorrect records.
19 If registration records incorrectly indicate that a
20 registered elector has moved from an address in the area covered
21 by a polling place, the elector shall, upon written affirmation
22 before an election official at that polling place, be permitted
23 to vote at that polling place. Upon receipt of the written
24 affirmation, the commission shall promptly update information
25 contained in its registration records.
26 § 1904. Files.
27 (a) Cancellation.--If the registration of a registered
28 elector is canceled, the commission shall mark on all
29 registration records of the elector the word "canceled" and the
30 date and cause of cancellation. The commission shall remove any
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1 registration records pertaining to the elector. Removed records
2 shall be retained separate from registered electors for five
3 years. The commission shall promptly update information
4 contained in its registration records.
5 (b) Nonessential records.--Records which are not essential
6 for maintaining the current status of a registered elector may
7 be destroyed by the commission three years from the date the
8 commission marks them as nonessential.
9 § 1905. Errors in cancellation.
10 (a) Petition.--If the registration of an elector has been
11 canceled through error, the elector may petition the
12 registration commission for reinstatement.
13 (b) Time.--The petition must be filed by the tenth day
14 preceding an election.
15 (c) Action.--
16 (1) The commission shall hold a hearing on the petition.
17 (2) If the commission finds that there was an error, the
18 commission shall reinstate the registration and shall
19 promptly update information contained in its registration
20 records.
21 § 1906. Termination of chapter.
22 (a) Notice.--If the Secretary of the Commonwealth determines
23 that the National Voter Registration Act of 1993 (Public Law
24 103-31, 42 U.S.C. § 1973gg et seq.) no longer prohibits
25 cancellation of registration of electors for Federal offense <--
26 OFFICE because of failure to vote, the secretary shall transmit <--
27 notice of the determination to the Legislative Reference Bureau
28 for publication in the Pennsylvania Bulletin.
29 (b) Effect of notice.--This chapter shall terminate upon
30 publication of the notice under subsection (a).
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1 PART IX
2 CONDUCT OF ELECTIONS
3 Chapter
4 33. Voting Procedures.
5 CHAPTER 33
6 VOTING PROCEDURES
7 Sec.
8 3302. Application for absentee ballots.
9 § 3302. Application for absentee ballots.
10 (a) General rule.--Notwithstanding the provisions of Part IV
11 (relating to voter registration) or the act of June 3, 1937
12 (P.L.1333, No.320), known as the Pennsylvania Election Code, the
13 following persons may make application for an absentee ballot by
14 sending a letter or other signed document to the county board of
15 elections in the county in which the person's voting address is
16 located:
17 (1) A registered elector who is unable to attend the
18 polling place on the day of any primary or election because
19 of illness or physical disability.
20 (2) A registered elector who expects to be absent from
21 this Commonwealth or the county MUNICIPALITY of residence <--
22 because duties, occupation or business require the elector to
23 be elsewhere the day of any primary or election.
24 (3) A county employee who cannot vote due to duties
25 relating to the conduct of elections.
26 (4) A person who will not attend a polling place because
27 of an observance of a religious holiday.
28 (b) Contents of letter or document.--The letter or document
29 under subsection (a) shall provide the same information as is
30 provided on forms prescribed by the secretary.
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1 (c) Review and processing.--The letter or document shall be
2 subject to the same schedule as other applications for absentee
3 ballots and upon receipt by the county board of elections shall
4 be reviewed and processed in the same fashion as other
5 applications for absentee ballots.
6 (d) Application prepared by political party.--An absentee
7 ballot application form containing the same information as that
8 contained on the form prescribed by the secretary, which was
9 prepared or distributed by a political party and signed by a
10 registered elector, shall be deemed for all purposes as valid
11 and shall be reviewed and processed by the county board of
12 elections in the same manner as applications on forms prescribed
13 by the secretary and supplied by the county board of elections.
14 Section 2. The Secretary of the Commonwealth shall
15 promulgate regulations to establish and implement the SURE
16 system in accordance with 25 Pa.C.S. § 1222 and to implement 25
17 Pa.C.S. Pt. IV. The promulgation of regulations under this
18 section shall be exempt from:
19 (1) Section 204(b) of the act of October 15, 1980
20 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
21 (2) The act of June 25, 1982 (P.L.633, No.181), known as
22 the Regulatory Review Act.
23 Section 3. The following apply:
24 (1) The provisions of 62 Pa.C.S. shall apply to the
25 development, establishment and implementation of the
26 Statewide Uniform Registry of Electors (SURE) system required
27 by 25 Pa.C.S. Ch. 12 Subch. B except as provided in this
28 section.
29 (2) If a bidder or offeror, a prospective bidder or
30 offeror or a prospective contractor is aggrieved in
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1 connection with the solicitation or award of the contract, he
2 may protest to the head of the purchasing agency in writing.
3 (3) If the protestant is a bidder or offeror or a
4 prospective contractor, the protest shall be filed with the
5 head of the purchasing agency within seven days after the
6 aggrieved bidder or offeror or prospective contractor knew or
7 should have known of the facts giving rise to the protest
8 except that in no event may a protest be filed later than
9 seven days after the date the contract was awarded. If the
10 protestant is a prospective bidder or offeror, a protest
11 shall be filed with the head of the purchasing agency prior
12 to the bid opening time or the proposal receipt date. If a
13 bidder or offeror, a prospective bidder or offeror, or a
14 prospective contractor fails to file a protest or files an
15 untimely protest, the bidder or offeror, the prospective
16 bidder or offeror, or the prospective contractor shall be
17 deemed to have waived its right to protest the solicitation
18 or award of the contract in any forum. Untimely filed
19 protests shall be disregarded by the purchasing agency.
20 (4) A protest shall state all grounds upon which the
21 protestant asserts the solicitation or award of the contract
22 was improper. The protestant may submit with the protest any
23 documents or information it deems relevant to the protest.
24 (5) Within 15 days of receipt of a protest, the
25 contracting officer may submit to the head of the purchasing
26 agency and the protestant a response to the protest,
27 including any documents or information he deems relevant to
28 the protest. The protestant may file a reply to the response
29 within ten days of the date of the response.
30 (6) The head of the purchasing agency or his designee
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1 shall review the protest and any response or reply and may
2 request and review such additional documents or information
3 he deems necessary to render a decision, and may, at his sole
4 discretion, conduct a hearing. The head of the purchasing
5 agency or his designee shall provide to the protestant and
6 the contracting officer a reasonable opportunity to review
7 and address any additional documents or information deemed
8 necessary by the head of the purchasing agency or his
9 designee to render a decision.
10 (7) Upon completing an evaluation of the protest in
11 accordance with paragraph (6), the head of the purchasing
12 agency or his designee shall issue a written determination
13 stating the reasons for the decision. The determination shall
14 be issued within 60 days of the receipt of the protest unless
15 extended by consent of the head of the purchasing agency and
16 the protestant. The determination shall be the final order of
17 the purchasing agency. If the head of the purchasing agency
18 or his designee determines that the solicitation or award of
19 the contract was contrary to law, he may enter an order
20 authorized by 62 Pa.C.S. Ch. 17 Subch. D.
21 (8) Within 15 days of the mailing date of a final
22 determination denying a protest, a protestant may file an
23 appeal with the Commonwealth Court. Issues not raised by the
24 protestant before the purchasing agency are deemed waived and
25 may not be raised before the court.
26 (9) The record of determination for review by the court
27 shall consist of the solicitation or award; the contract, if
28 any; the protest and any response, reply or any additional
29 documents or information considered by the head of the
30 purchasing agency or his designee; the hearing transcript and
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1 exhibits, if any; and the final determination.
2 (10) The court shall hear the appeal, without a jury, on
3 the record of determination certified by the purchasing
4 agency. The court shall affirm the determination of the
5 purchasing agency unless it finds from the record that the
6 determination is arbitrary and capricious, an abuse of
7 discretion or is contrary to law.
8 (11) If the determination is not affirmed, the court may
9 enter any order authorized by 42 Pa.C.S. § 706, provided,
10 that if the court determines that the solicitation or award
11 of the contract is contrary to law, then the remedy the court
12 shall order is limited to canceling the solicitation or award
13 and declaring void any resulting contract.
14 (12) In the event a protest is filed timely under this
15 section and until the time has elapsed for the protestant to
16 file a petition for review in Commonwealth Court, the
17 purchasing agency may elect not to proceed further with the
18 solicitation or with the award of the contract.
19 (13) This section shall be the exclusive procedure for
20 protesting a solicitation or award of the contract by a
21 bidder or offeror, a prospective bidder or offeror, or a
22 prospective contractor that is aggrieved in connection with
23 the solicitation or award of the contract. The provisions of
24 2 Pa.C.S. shall not apply to this section.
25 Section 4. Section 2 of this act shall expire on December
26 31, 2002.
27 Section 5. The following acts or parts of acts are repealed
28 to the extent specified:
29 (1) Section 10.2 of the act of November 1, 1971
30 (P.L.495, No.113), "An act providing for the compensation of
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1 county officers in counties of the second through eighth
2 classes, for compensation of district attorneys in cities and
3 counties of the first class, for compensation of district
4 election officers in all counties, for the disposition of
5 fees, for filing of bonds in certain cases and for duties of
6 certain officers, is repealed absolutely.
7 (2) The act of June 30, 1995 (P.L.170, No.25), known as
8 the Pennsylvania Voter Registration Act, is repealed
9 absolutely.
10 (3) Section 404 of the act of June 3, 1937 (P.L.1333,
11 No.320), known as the Pennsylvania Election Code, is repealed
12 to the extent that it prohibits the sharing of the duties of
13 the authorized positions of clerk of elections or machine
14 operator.
15 Section 6. The addition of 25 Pa.C.S. Pt. IV and 25 Pa.C.S.
16 § 3302 shall be deemed a continuation of the act of June 30,
17 1995 (P.L.170, No.25), known as the Pennsylvania Voter
18 Registration Act. The following apply:
19 (1) Except as set forth in paragraph (2), any difference
20 in language or organization of sections between 25 Pa.C.S.
21 Pt. IV and 25 Pa.C.S. § 3302 and the Pennsylvania Voter
22 Registration Act is intended only to conform to the style of
23 the Pennsylvania Consolidated Statutes and is not intended to
24 change or affect the legislative intent, judicial
25 construction or administration and implementation of the
26 Pennsylvania Voter Registration Act.
27 (2) Paragraph (1) does not apply to any of the
28 following:
29 (i) The addition of the definitions of "district
30 register," "general register," "qualified elector,"
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1 "registrant," "registration records" and "Statewide
2 Uniform Registry of Electors" in 25 Pa.C.S. § 1102.
3 (ii) The addition of 25 Pa.C.S. §§:
4 (A) 1201, 1203(a), (h), (k) and (l), 1222 and
5 1223;
6 (B) 1301(a), 1322(a) and (b), 1323 (a), (b) and
7 (c), 1324, 1326, 1327(a), 1328 and 1328.1;
8 (C) 1401, 1402, 1403, 1404 and 1405;
9 (D) 1501, 1502, 1503 and 1514;
10 (E) 1602(a);
11 (F) 1702, 1705, 1707(a), 1709, 1711 and 1712;
12 (G) 1801, 1803 and 1804; and
13 (H) 1901, 1902 and 1904.
14 (iii) The repeal of section 321 of the Pennsylvania
15 Voter Registration Act.
16 Section 7. This act shall take effect as follows:
17 (1) The following provisions shall take effect
18 immediately:
19 (i) The addition of 25 Pa.C.S. Pt. II.
20 (ii) The addition of 25 Pa.C.S. § 1222.
21 (iii) Sections 2, 3 and 4 of this act.
22 (iv) Section 5(1) of this act.
23 (v) The repeal of section 322 of the act of June 30,
24 1995 (P.L.170, No.25).
25 (vi) Section 5(3) of this act.
26 (vii) This section.
27 (2) The addition of 25 Pa.C.S. Ch. 19 shall take effect
28 upon the publication of the notice under 25 Pa.C.S. §
29 1513(a). This paragraph is subject to 25 Pa.C.S. § 1906.
30 (3) The remainder of this act shall take effect in 45
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1 days.
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