PRINTER'S NO. 1366
No. 1212 Session of 1995
INTRODUCED BY LEVDANSKY, CLYMER, KUKOVICH, NICKOL, ITKIN,
RUBLEY, MICHLOVIC, KREBS, VAN HORNE, HENNESSEY, HANNA,
DEMPSEY, COY, SEMMEL, COWELL, CORNELL, FAJT, MERRY, BELFANTI,
BROWNE, MUNDY, BARD, TRELLO, MELIO, ROBINSON, MANDERINO,
STURLA, KAISER, MIHALICH, SANTONI, GORDNER, READSHAW,
STEELMAN, DeLUCA, ROONEY, STABACK, JOSEPHS, WALKO, LAUGHLIN,
TRICH, TRAVAGLIO, BOSCOLA, STETLER, COLAFELLA, PISTELLA,
GIGLIOTTI, DALEY, RAMOS, HALUSKA AND CAPPABIANCA,
MARCH 16, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 1995
AN ACT
1 Providing for voter registration, for a Statewide central
2 registry and registration commissions and for remedies;
3 imposing penalties; making appropriations; and making
4 repeals.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Section 103. Applicability.
10 Section 104. Construction.
11 Chapter 3. Registration System
12 Section 301. Registry.
13 Section 302. Existing electors.
14 Section 303. Commissions.
15 Section 304. Commission staff.
1 Section 305. Police assistance.
2 Section 306. Appropriations.
3 Section 307. Open records and documents.
4 Chapter 5. Voter Registration
5 Subchapter A. Qualifications
6 Section 501. Qualifications to register.
7 Section 502. Residence of electors.
8 Subchapter B. Procedure
9 Section 521. Methods of voter registration.
10 Section 522. In-person voter registration.
11 Section 523. Application with driver's license application.
12 Section 524. Application by mail.
13 Section 525. Government agencies.
14 Section 526. Time.
15 Section 527. Preparation and distribution of applications.
16 Section 528. Approval of registration applications.
17 Section 529. Challenges.
18 Section 530. Appeals.
19 Chapter 7. Records
20 Section 701. General register.
21 Section 702. District registers.
22 Section 703. Street lists.
23 Section 704. Public information lists.
24 Section 705. Retention of records.
25 Section 706. Reports.
26 Chapter 9. Changes in Records
27 Section 901. Removal notices.
28 Section 902. Transfer of registration.
29 Section 903. Change of enrollment of political party.
30 Section 904. Physical disability.
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1 Section 905. Department of Health.
2 Section 906. Residence monitoring.
3 Section 907. Removal of voters.
4 Section 908. Procedure for voting following failure to return
5 notification card.
6 Section 909. Incorrect records.
7 Section 910. Files.
8 Section 911. Errors in cancellation or suspension.
9 Chapter 11. Commission Proceedings
10 Section 1101. Subpoenas and witness fees.
11 Chapter 13. Judicial Review
12 Section 1301. Court of common pleas.
13 Section 1302. Commission duties.
14 Chapter 15. Penalties
15 Section 1501. Lawful orders.
16 Section 1502. Registration.
17 Section 1503. Application.
18 Section 1504. Altering registration.
19 Section 1505. Votes.
20 Section 1506. Duties under act.
21 Section 1507. Official documents.
22 Section 1508. Withholding information.
23 Section 1509. Law enforcement assistance.
24 Section 1510. Interference.
25 Section 1511. Preventing registration.
26 Section 1512. Approval of registration.
27 Section 1513. Crimes Code.
28 Chapter 17. Enforcement
29 Section 1701. Attorney General.
30 Section 1702. District attorneys.
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1 Chapter 51. Miscellaneous Provisions
2 Section 5101. Standardized forms.
3 Section 5102. Application for absentee ballots.
4 Section 5103. Appropriations.
5 Section 5104. Repeals.
6 Section 5105. Severability.
7 Section 5106. Applicability
8 Section 5107. Retroactivity.
9 Section 5108. Effective date.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 CHAPTER 1
13 PRELIMINARY PROVISIONS
14 Section 101. Short title.
15 This act shall be known and may be cited as the Pennsylvania
16 Voter Registration Act.
17 Section 102. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Calendar year." The period commencing January 1 and ending
22 December 31 next following.
23 "Commission" A registration commission established under
24 section 303.
25 "Commissioner." A member of a registration commission.
26 "County." Any county of this Commonwealth. The term includes
27 a county within which is located a city of the first class or
28 with which a city of the first class is coextensive.
29 "County election board." The Board of Elections of a county.
30 "Department." The Department of State of the Commonwealth.
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1 "District." An election district or precinct of a
2 municipality.
3 "District register." The registration cards or digitized
4 signature list containing the list of qualified electors:
5 (1) arranged, by election district, alphabetically by
6 last name of the registrant; and
7 (2) prepared by the commission under section 702.
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 "In military service." Serving in the uniformed services as
13 defined in section 102 of the Career Compensation Act of 1949
14 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
15 National Guard.
16 "Members of the merchant marine of the United States." Any
17 of the following:
18 (1) Individuals employed as officers or members of crews
19 of vessels documented under the law of the United States or
20 of vessels owned by the United States or of vessels of
21 foreign-flag registry under charter to or control of the
22 United States. This paragraph does not include individuals in
23 military service.
24 (2) Individuals enrolled with the United States for
25 employment or for training for employment or maintained by
26 the United States for emergency relief service as officers or
27 members of crews of vessels referred to in paragraph (1). The
28 term does not include individuals in military service or
29 individuals employed or enrolled for employment or for
30 training for employment or maintained for emergency relief on
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1 the Great Lakes or the inland waterways.
2 "Military elector." Any of the following:
3 (1) An individual in military service and the
4 individual's spouse and dependents.
5 (2) An individual in the merchant marine and the
6 individual's spouse and dependents.
7 (3) An individual in a religious or welfare group
8 officially attached to and serving with the armed forces of
9 the United States and the individual's spouse and dependents.
10 (4) An individual who is a civilian employee of the
11 United States outside the territorial limits of the United
12 States, whether or not the individual is subject to the civil
13 service laws and the Classification Act of 1949 (Public Law
14 81-429, 63 Stat. 954) and whether or not the individual is
15 paid from funds appropriated by Congress, and the
16 individual's spouse and dependents.
17 "Municipal election." The election which the Constitution of
18 Pennsylvania requires to be held in odd-numbered years.
19 "Municipality." A city, borough, town or township.
20 "November election." Either the general or the municipal
21 election, or both, according to the context.
22 "Overseas citizen." An individual who resides outside the
23 territorial limits of the United States and who, but for such
24 residence, would be a qualified elector. The term does not
25 include a military elector.
26 "Party." Any of the following:
27 (1) A party or political body, one of whose candidates
28 at the general election immediately preceding the primary:
29 (i) polled, in each of at least ten counties, at
30 least 2% of the largest entire vote cast in the county
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1 for any elected candidate; and
2 (ii) polled a total vote in this Commonwealth equal
3 to at least 2% of the largest entire vote cast in this
4 Commonwealth for any elected candidate.
5 (2) A party or political body, one of whose candidates
6 at either the general or municipal election preceding the
7 primary polled at least 5% of the largest entire vote cast
8 for any elected candidate in any county.
9 "Person authorized to administer oaths." The term includes
10 an individual who is a commissioned officer in military service
11 or a member of the merchant marine of the United States
12 designated for this purpose by the United States Secretary of
13 Commerce.
14 "Person in military service." The term shall mean a
15 qualified elector who is, by enlistment, enrollment or draft in
16 actual military service.
17 "Political body." A political body not recognized as a
18 political party which has filed proper nomination papers as
19 required by law.
20 "Primary election." An election for the nomination of
21 candidates.
22 "Public office." Any Federal, State or political
23 subdivision, office or position of employment requiring the
24 individual elected or appointed to render public service for a
25 fixed fee or compensation. The term does not include the office
26 of notary public or commissioner of deeds.
27 "Qualified elector." An individual who possesses all of the
28 qualifications for voting prescribed by the Constitution of
29 Pennsylvania and the laws of this Commonwealth or who, being
30 otherwise qualified by continued residence in the election
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1 district, obtains such qualifications before the next ensuing
2 election. The term does not include a military elector.
3 "Registration card." A registration record containing all
4 information required on the registration application, including
5 the elector's signature, and suitable space for the insertion by
6 the appropriate official of the following information:
7 (1) The ward and election district of residence.
8 (2) The registrant's street address.
9 (3) Data required to be given upon removal from the
10 registrant's residence.
11 (4) The date of each election at which the registrant
12 votes.
13 (5) The number and letter of the stub of the ballot
14 issued to the registrant or the registrant's number in the
15 order of admission to the voting machines.
16 (6) The initials of the election officer who enters the
17 record of voting in the district register.
18 (7) Whether the registrant needs assistance to vote and,
19 if so, the nature of the disability.
20 "Registry." The Statewide central registry of registered
21 qualified electors established under section 301.
22 "Secretary." The Secretary of the Commonwealth.
23 Section 103. Applicability.
24 This act applies to all counties.
25 Section 104. Construction.
26 No part of any day fixed for the performance of duties by any
27 person or official under this act shall be deemed a Sunday or a
28 legal holiday so as to affect the legality of work done for the
29 purpose of carrying out this act or the right of a person to
30 compensation provided for rendering any service required by this
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1 act or so as to relieve any person from doing on such day
2 whatever is necessary for the purpose of carrying out this act.
3 Such services are declared to be necessary public services.
4 CHAPTER 3
5 REGISTRATION SYSTEM
6 Section 301. Registry.
7 (a) Establishment.--The secretary has the authority to
8 implement and administer all of the provisions set forth by this
9 act. The secretary's authority includes the ability to establish
10 a Statewide registry and require the county commissioners to be
11 linked to the registry. If the secretary develops a registry, it
12 shall be developed in consultation with the county commissions.
13 The timetable for implementation of the registry shall be
14 established by the secretary.
15 (b) Regulations.--The secretary shall promulgate regulations
16 necessary to administer this act. The regulations shall include,
17 but not be limited to, provisions which do all of the following:
18 (1) Provide for applicants to submit their voter
19 registration application to the commission, the Department of
20 Transportation and other agencies designated in section 525.
21 (2) Allow for the future establishment of and
22 maintenance of a Statewide central data base for all voter
23 registration information.
24 (3) Provide procedures for entering data into the
25 registry.
26 (4) Allow the secretary to access the computerized
27 driver's license records of the Department of Transportation
28 for voter registration purposes only.
29 (5) Allow each commission to add, modify and delete
30 information regarding registered qualified electors from its
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1 county from the system to provide for accurate and up-to-date
2 records.
3 (6) Allow the secretary and commissions to view the
4 registration records of all commissions in order to ensure
5 the accuracy of each commission's files and allow the
6 secretary and commissions to access the registry for review
7 and search capabilities.
8 (7) Provide security and protection of all information
9 in the registry and ensure that unauthorized entry is not
10 allowed.
11 (8) Prescribe a procedure for phasing in or converting
12 existing voter registration records to the registry in
13 consultation with the county commissions.
14 (9) Prescribe a procedure for the return of completed
15 voter registration applications from the Department of
16 Transportation, the Department of Public Welfare, the
17 Department of Labor and Industry, Offices of the Clerk of
18 Orphan's Court and to the secretary or the appropriate
19 commission.
20 Section 302. Existing electors.
21 All electors registered to vote in this Commonwealth on the
22 effective date of this act remain registered under this act.
23 Information required in accordance with section 527 shall be
24 entered into the registry as set forth in section 301.
25 Section 303. Commissions.
26 (a) Establishment.--A registration commission is established
27 in each county. The commission has jurisdiction over the
28 registration of electors of the county under this act.
29 (b) Membership.--
30 (1) Except as provided in paragraphs (2) and (3), the
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1 county commissioners of each county shall act as a
2 registration commission for the county.
3 (2) In a city of the first class, the commission shall
4 consist of the three elected commissioners of the city. Each
5 commissioner shall be elected for a term of four years, in
6 the year that the mayor is elected.
7 (3) In counties which have adopted home rule charters or
8 optional plans, the commission shall consist of the members
9 of the county body which performs legislative functions
10 unless the county charter or optional plan provides for the
11 appointment of the commission. In either case, there must be
12 minority representation on the commission. The county body
13 which performs legislative functions shall, if the commission
14 does not contain minority representation appoint such
15 representation, from a list submitted by the county chair of
16 the minority party.
17 (c) Compensation.--Commissioners shall receive no
18 compensation in addition to their compensation as county or city
19 commissioners.
20 (d) Majority vote required.--Actions of a commission must be
21 decided by a majority vote of all members except as otherwise
22 provided in this act.
23 (e) Records.--A commission shall keep a permanent record of
24 its proceedings.
25 (f) Regulations.--A commission may make regulations, not
26 inconsistent with this act, to do all of the following:
27 (1) Govern the public sessions of the commission.
28 (2) Perform the duties imposed by this act.
29 (3) Carry into effect the provisions of this act and
30 permit the efficient administration of this act, including
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1 the designation of duties to be performed and functions to be
2 exercised under this act at its respective offices.
3 (g) Enforcement.--A commission may enforce regulations,
4 orders and subpoenas as provided in section 1101 and, if
5 necessary, shall have the assistance of the appropriate court of
6 common pleas and of all public officers subservient to the
7 court, in enforcing the regulations, orders and subpoenas.
8 (h) Errors.--A commission has the power to correct an error
9 or irregularity in registration and to cancel the registration
10 of an individual whom it finds to be improperly registered,
11 subject only to this act. Written notice must be mailed or
12 delivered to each individual whose registration is canceled.
13 (i) Investigation.--A commission or a commissioner has the
14 power to do any of the following:
15 (1) Summon and interrogate any person concerning the
16 registration of electors or any matter related thereto.
17 (2) Investigate irregularities in registration.
18 (3) Summon and examine witnesses.
19 (4) Require the production of relevant documents.
20 (j) Oaths and affirmations.--Each commissioner has the power
21 to administer oaths and affirmations. Each individual testifying
22 before a commission or commissioner must be sworn or affirmed.
23 (k) Correction of errors.--
24 (1) A commission has the power to correct its records
25 without requiring action of a registered elector in any of
26 the following cases:
27 (i) If the mailing address of the registered elector
28 has been changed by the renaming of a street, the
29 renumbering of a house or the changing of a post office.
30 (ii) If the election district of the registered
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1 elector has been changed through a change in the
2 boundaries of an election district.
3 (2) Notice of action under paragraph (1) shall be mailed
4 promptly to the affected registered elector.
5 Section 304. Commission staff.
6 (a) Counties of the first class.--
7 (1) A commissioner may act as registrar or inspector of
8 registration.
9 (2) The commission has the power to assign assistants,
10 employees or clerks to act as registrars or inspectors of
11 registration. Individuals assigned under this paragraph shall
12 not receive additional compensation for service as registrars
13 or inspectors.
14 (3) Appointments shall be as follows:
15 (i) The commission shall annually appoint at least
16 two registrars for each registration place. Not more than
17 one-half of the number of registrars appointed annually
18 for each registration place may be members of the same
19 political party.
20 (ii) Registrars appointed must be qualified electors
21 of the election district or ward for which they have been
22 appointed, must be of good moral character, must not have
23 been convicted of a crime, and must be familiar with the
24 qualifications of electors and the duties of the
25 registrars. No individual who holds or is a candidate for
26 public office or party office may be appointed to or hold
27 any office or employment under any commission, except as
28 otherwise provided by this act.
29 (iii) Appointments shall be as follows:
30 (A) The commission shall provide 15 days' notice
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1 for submission of candidates.
2 (B) The city chairs of the party having polled
3 the highest and the second highest vote in this
4 Commonwealth at the last preceding gubernatorial
5 election may file with the commission a written list
6 of names of members of the party whom the chair
7 recommends for appointment as registrars. Lists must
8 contain the name, address, qualifications and
9 occupation of each individual recommended and shall
10 be open to public inspection in the office of the
11 commission.
12 (C) The commission shall appoint individuals
13 from the list as registrars representing the parties.
14 If more candidates are recommended by a chair than
15 the party is entitled to have appointed, the
16 commission shall appoint those candidates from the
17 list whom the commission finds to be qualified under
18 this section. If there are not sufficient candidates
19 qualified to serve recommended by a chair, the
20 commission may appoint other individuals whom the
21 commission believes qualified.
22 (D) If a vacancy occurs in the office of
23 registrar, the commission shall fill the vacancy by
24 appointing an elector of the district or ward, as the
25 case may be, who is qualified under subparagraph (ii)
26 and who is a registered and enrolled member of the
27 same political party as the registrar whose office
28 was vacated. The vacancy appointment shall be made in
29 the same manner as the initial appointment.
30 (iv) Registrars appointed have the power to register
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1 the qualified electors of the election district or ward
2 and, in so doing, to administer oaths and affirmations.
3 Registrars appointed shall perform all other duties
4 imposed on registrars by this act and by the commission.
5 (v) Nothing in this subsection shall prevent a
6 registrar from serving as a registrar in a ward or
7 division of the city, or prevent the commission from
8 assigning a registrar to register voters in a ward or
9 division of the city.
10 (vi) Except as provided in paragraph (1), each
11 registrar shall receive compensation set by the
12 commission for each day during which the registrar is
13 engaged in the active performance of duties as registrar.
14 (vii) The commission shall designate the duties to
15 be performed by appointed registrars.
16 (4) Any insertion or removal of names or other
17 information in registers or an amendment of records done by
18 any employee, registrar or inspector by order of the
19 commission shall be construed to be an action of the
20 commission. It is the duty of the commission to correct any
21 error in such action.
22 (5) Before exercising a power of office, a registrar or
23 inspector of registration assigned under paragraph (2) or
24 appointed under paragraph (3) must comply with all of the
25 following:
26 (i) Take an oath or affirmation of office, as
27 prescribed by the commission.
28 (ii) Receive from the commission a certificate of
29 appointment, setting forth name and address, date of
30 appointment and the length of appointment.
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1 (6) The commission may annually designate registration
2 places in the wards.
3 (7) The commission may appoint employees necessary to
4 perform the functions of the office and to register the
5 voters of the city. Employees shall be paid compensation as
6 set by the commission.
7 (8) Removal shall be as follows:
8 (i) The commission has the power to remove any
9 employee, inspector, registrar or other officer appointed
10 or employed by it. No registrar appointed under paragraph
11 (3) may be removed except for cause.
12 (ii) A qualified elector of the city may appear
13 before the commission and show that a registrar assigned
14 under paragraph (2) or appointed under paragraph (3) does
15 not possess the qualifications requisite for the
16 performance of duties of office or has violated this act.
17 If, after public hearing, the commission finds the
18 charges brought to be true, the commission shall remove
19 the registrar.
20 (9) An inspector of registration has the authority to
21 investigate all matters regarding voter registration and to
22 make recommendations to the commission.
23 (10) The commission may employ counsel. Counsel shall
24 advise the commission regarding its powers and duties, the
25 rights of electors and the best methods of legal procedure
26 for carrying out this act and shall appear for and represent
27 the commission on all appeals under Chapter 13. The amount of
28 compensation for counsel shall be set by the city
29 commissioners.
30 (11) Employees and clerks of the commission shall be
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1 privileged from arrest while acting as registrars.
2 Commissioners and inspectors of registration shall be
3 privileged from arrest while performing their duties, except
4 upon warrant of a court of record for a felony, for wanton
5 breach of the peace or for a criminal violation of this act.
6 (b) Counties of the second through eighth classes.--
7 (1) The registration commission shall appoint a chief
8 clerk, who may be the chief clerk of the county
9 commissioners. The chief clerk has authority to administer
10 oaths and to sign vouchers.
11 (2) Registrars and inspectors of registration must be
12 qualified electors of the county. Registrars and inspectors
13 of registration shall receive compensation, either on a per
14 diem basis for time actually employed or on the basis of work
15 actually done, as fixed by the salary board of the county. No
16 registrar or inspector of registration may exercise any power
17 of office until taking an oath or affirmation of office
18 prescribed by the commission and receiving from the
19 commission a certificate of appointment, setting forth name
20 and address, date of appointment and length of appointment.
21 (3) Other staff shall be as follows:
22 (i) A commission may appoint assistants and
23 employees as necessary to carry out this act and may
24 remove them. The number and compensation of assistants
25 and employees shall be fixed by the salary board of the
26 county. A commission may appoint employees of the county
27 to act for the commission without additional
28 compensation.
29 (ii) The employees to be appointed by a commission
30 include:
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1 (A) Registrars or clerks who are empowered to
2 register the qualified electors of the county and, in
3 so doing, to administer oaths and affirmations.
4 (B) Inspectors of registration who have
5 authority to investigate all matters regarding voter
6 registration and to make recommendations to the
7 commission.
8 (4) The county solicitor shall be counsel for the
9 commission and shall receive no compensation in addition to
10 compensation as county solicitor. Counsel shall advise the
11 commission regarding its powers and duties and the rights of
12 electors and concerning the best methods of legal procedure
13 for carrying out this act and shall appear for and represent
14 the commission on appeals taken from its decisions or orders.
15 (5) Any insertion or removal of names or other
16 information in registers and the amendment of records done by
17 any employee of a commission or by order of a commission
18 shall be construed to have been done by the commission. The
19 commission shall be responsible for the correction of errors.
20 (6) No individual who holds or is a candidate for public
21 or party office may be appointed to or hold any office or
22 employment under any commission, except as otherwise provided
23 by this act.
24 (7) Commissioners, registrars and inspectors of
25 registration shall be privileged from arrest while performing
26 their duties except upon warrant of a court of record, for a
27 felony, for wanton breach of the peace or for a criminal
28 violation of this act.
29 (8) A commissioner or the chief clerk may act as
30 registrar or inspector of registration. When acting under
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1 this subsection, the commissioner or chief clerk has the
2 powers and duties conferred by law upon registrars and
3 inspectors of registration.
4 Section 305. Police assistance.
5 A commission may call on police officers of the appropriate
6 municipality to maintain the peace at a place of registration.
7 Section 306. Appropriations.
8 (a) Requirement.--County commissioners or, in counties of
9 the first class, appropriating authorities shall appropriate
10 annually, and as necessary, the money necessary for the
11 maintenance and operation of registration commissions and the
12 carrying out of this act. This subsection includes:
13 (1) Compensation of staff.
14 (2) Fees of witnesses.
15 (3) In accordance with the direction of the commission,
16 preparing, securing, distributing, receiving and preserving
17 all street lists, registration cards and affidavits,
18 vouchers, notices, account books, stationery, computers and
19 other supplies which the commission considers necessary for
20 the purposes of this act.
21 (4) Suitable and adequate offices, properly furnished,
22 for keeping records, holding public sessions and otherwise
23 performing duties and other offices which the commission
24 deems advisable for the convenience of electors and for
25 exercising rights, powers and functions and performing duties
26 under this act. In a county of the first class, if the
27 appropriating authorities of the city in that county do not
28 provide such offices, the commission may lease office space
29 for its main office as reasonably required for the
30 performance of the functions and duties under this act.
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1 (5) All other necessary expenses.
2 (b) Registry.--The Commonwealth shall appropriate funds
3 sufficient to pay for the development and implementation of the
4 county components of the Statewide central registry, as follows:
5 (1) For the period of transition prior to the full
6 implementation of the registry, the Commonwealth shall
7 annually appropriate an amount sufficient to pay for the
8 costs of equipment and equipment upgrades to the extent
9 necessary to meet standards established for the system,
10 software and software development and conversion of existing
11 registration records, as is reasonably necessary for the
12 development and implementation of the registry. Payments to
13 counties may be made in advance based on applications
14 approved by the department.
15 (2) Following full implementation of the registry, the
16 Commonwealth shall annually appropriate an amount sufficient
17 to pay for necessary and reasonable costs of ongoing system
18 development, including, but not limited to, the costs of
19 equipment improvements required by the secretary, software
20 and software development and conversion of existing
21 registration records to the extent not completed prior to
22 full implementation of the system. Payments to counties may
23 be made in advance based on applications approved by the
24 department.
25 (c) Unexpended balance.--Unexpended balances of
26 appropriations made by the county commissioners prior to the
27 effective date of this act for the purpose of carrying out the
28 act of March 30, 1937 (P.L.115, No.40), known as The First Class
29 City Permanent Registration Act, and the act of April 29, 1937
30 (P.L.487, No.115), known as The Permanent Registration Act for
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1 Cities of the Second Class, Cities of the Second Class A, Cities
2 of the Third Class, Boroughs, Towns, and Townships, are
3 transferred to and made available for commissions under this
4 act.
5 (d) Source of funds.--A commission may accept and use in the
6 performance of its duties funds received from the Federal
7 Government, the Commonwealth or any other source.
8 Section 307. Open records and documents.
9 (a) Scope.--The following documents under this act are open
10 to public inspection except as otherwise provided in this
11 section:
12 (1) Records of a registration commission and of district
13 registers.
14 (2) Street lists.
15 (3) Official voter registration applications.
16 (4) Petitions and appeals.
17 (5) Witness lists.
18 (6) Accounts and contracts.
19 (7) Reports.
20 (b) Exception.--The Statewide central registry is not an
21 open record or document under this section or any other act.
22 (c) Use.--Open material under subsection (a) may be
23 inspected during ordinary business hours subject to the
24 efficient operation of the commission. Public inspection shall
25 only be in the presence of a commissioner or authorized
26 commission employee and shall be subject to proper regulation
27 for safekeeping of the material and subject to this act. Upon
28 request, a photocopy of the record or computer-generated data
29 record shall be provided at cost. The material may not be used
30 for commercial or improper purposes.
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1 CHAPTER 5
2 VOTER REGISTRATION
3 SUBCHAPTER A
4 QUALIFICATIONS
5 Section 501. Qualifications to register.
6 (a) Eligibility.--A qualified elector who will be at least
7 18 years of age on the day of the next election, who has been a
8 citizen of the United States for at least one month and who has
9 resided in this Commonwealth and the election district where the
10 qualified elector offers to vote for at least 30 days prior to
11 the next ensuing election shall be entitled to be registered as
12 provided in this chapter. If an individual is qualified to vote
13 in an election district prior to removal of residence, the
14 individual may, if a resident of this Commonwealth, vote in the
15 election district from which residence was removed within the 30
16 days preceding the election.
17 (b) Effect.--No individual shall be permitted to vote at any
18 election unless the individual is registered under this
19 subsection, except as provided by law or by order of a court of
20 common pleas. No registered elector shall be required to
21 register again for any election while the elector continues to
22 reside at the same address.
23 Section 502. Residence of electors.
24 (a) General rule.--
25 (1) For the purpose of registration and voting, no
26 individual shall be deemed to have gained a residence by
27 reason of presence or lost a residence by reason of absence
28 in any of the following circumstances:
29 (i) Being employed in the service, either civil or
30 military, of this Commonwealth or of the United States.
19950H1212B1366 - 22 -
1 (ii) Being engaged in the navigation of the waters
2 of this Commonwealth or of the United States or on the
3 high seas.
4 (iii) Being in an institution at public expense.
5 This subparagraph does not apply to a veteran who resides
6 in a home for disabled and indigent soldiers and sailors
7 maintained by the Commonwealth. Such a veteran may elect
8 to utilize that residence for registration and voting or
9 elect to vote as an absentee elector by the use of an
10 absentee ballot.
11 (2) Nothing in paragraph (1) shall preclude any elector
12 eligible under section 501 from establishing the district of
13 residence as the election district of residence pursuant to
14 subsection (b).
15 (3) Except as otherwise provided in this subsection, no
16 individual who is confined in a penal institution shall be
17 deemed a resident of the election district where the
18 institution is located. The individual shall be deemed to
19 reside where the individual was last registered before being
20 confined in the penal institution; or, if there was no
21 registration prior to confinement, the individual shall be
22 deemed to reside at the last known address before
23 confinement.
24 (4) An individual who resides at an institution for the
25 mentally ill or the mentally retarded, if otherwise qualified
26 under section 501, shall be deemed, at the individual's
27 option, a resident in one of the following:
28 (i) The district where the institution is located.
29 (ii) The district where the individual was last
30 registered to vote before entering the institution. For
19950H1212B1366 - 23 -
1 purposes of this subparagraph, if the individual was not
2 registered before entering the institution, the
3 individual shall be deemed to reside at the last known
4 address before entering the institution.
5 (b) Rules for determination.--The following apply:
6 (1) That the place shall be considered the residence of
7 an individual in which habitation is fixed and to which,
8 whenever the individual is absent, the individual has the
9 intention of returning.
10 (2) An individual shall not be considered to have lost
11 residence if the individual leaves home and goes into another
12 state or another election district for temporary purposes
13 only, with the intention of returning.
14 (3) An individual shall not be considered to have gained
15 a residence in an election district if the individual comes
16 into that district for temporary purposes only, without the
17 intention of making that election district a permanent place
18 of abode.
19 (4) If an individual removes to another state with the
20 intention of making that state the permanent residence, the
21 individual shall be considered to have lost residence in this
22 Commonwealth.
23 (5) If an individual removes to another state with the
24 intention of remaining there an indefinite time and making
25 that state the place of residence, the individual shall be
26 considered to have lost residence in this Commonwealth,
27 notwithstanding an intention to return at some indefinite
28 future period.
29 (6) If an individual goes into another state and, while
30 there, votes in an election held by that state, the
19950H1212B1366 - 24 -
1 individual shall be considered to have lost residence in this
2 Commonwealth.
3 (7) An individual employed in the service of the Federal
4 Government or of the Commonwealth and required thereby to be
5 absent from the municipality where the individual resided
6 when entering that employment, and the spouse of the
7 individual, may remain registered in the district where the
8 individual resided immediately prior to entering that
9 employment; and the individual and the spouse shall be
10 enrolled in the political party designated by the individual
11 or spouse without declaring a residence by street and number.
12 (i) An individual who registers under this paragraph
13 for Commonwealth employment must produce a certificate
14 from the head of the State agency, under the seal of
15 office, setting forth that the individual or the
16 individual's spouse is actually employed in the service
17 of the Commonwealth and setting forth the nature of the
18 employment and the time when the employee first entered
19 the employment. The commission shall retain certificates
20 under this subparagraph.
21 (ii) The commission shall note on the registration
22 card of each individual registered under this paragraph
23 the fact of Federal or State employment.
24 (iii) At least once every two years the commission
25 shall verify the employment of the individuals registered
26 under this paragraph at the proper Federal or State
27 office. If an individual is found to be no longer a
28 Federal or State employee, the individual's registration
29 shall be canceled under Chapter 9.
30 SUBCHAPTER B
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1 PROCEDURE
2 Section 521. Methods of voter registration.
3 An individual qualified to register to vote under section
4 501(a) may apply to register as follows:
5 (1) In person under section 522.
6 (2) In conjunction with an application for a motor
7 vehicle driver's license under section 523.
8 (3) By mail application under section 524.
9 (4) In conjunction with certain government agency
10 services under section 525.
11 Section 522. In-person voter registration.
12 (a) General rule.--Applications may be submitted to register
13 to vote or change party enrollment or name or address on current
14 registration record in person before the registration commission
15 or a commissioner, a registrar or a clerk at the office of the
16 commission or at a place designated by the commission. The
17 applicant shall be advised that any intentional false statement
18 on the application constitutes perjury and will be punishable as
19 such. The applicant shall provide the information required on
20 the registration application and sign the registration
21 declaration. The commission shall prepare and provide voter
22 registration applications for the purpose of registering
23 qualified electors in accordance with this section.
24 Notwithstanding any other provision of this act, the commission
25 may use a mail registration application for in-person
26 registration.
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 electors other than its main office and the days
19950H1212B1366 - 26 -
1 and hours when the place or office is open for the registration
2 of electors. The announcement shall be made by posting notice at
3 the place or office and at the commission's main office and by
4 other means as the commission deems advisable.
5 (c) Polls.--The election board of each county shall cause
6 any polling place to be open, in proper order for use, as a
7 place of registration, on each day when the polling place is
8 desired by the commission or required by the provisions of this
9 act for use as a place of registration. The appropriating
10 authority of the county shall provide for the payment of rentals
11 for such polling places and other places of registration.
12 (d) Schools.--The board of public education or the board of
13 school directors shall furnish suitable space in any public
14 school building under its jurisdiction or control and shall
15 cause the space to be open and in proper order for use as a
16 place of registration on each day when the space is desired by
17 the commission for use as a place of registration in accordance
18 with the provisions of this act. Use under this subsection may
19 not interfere with school instruction.
20 (e) Municipal buildings.--The proper authority in the county
21 or municipality shall furnish suitable space in a building under
22 its jurisdiction or control and shall cause the space to be open
23 and in proper order for use as a place of registration on each
24 day when the space is desired by the commission for use as a
25 place of registration. Use under this subsection may not
26 interfere with the use for which the space is primarily
27 designed.
28 Section 523. Application with driver's license application.
29 (a) General rule.--
30 (1) The Department of Transportation shall provide for
19950H1212B1366 - 27 -
1 simultaneous application for voter registration in
2 conjunction with the process under 75 Pa.C.S. § 1510
3 (relating to issuance and content of driver's license). An
4 application under this subsection shall serve as an
5 application to register to vote unless the applicant fails to
6 sign the voter registration application. The secretary has
7 the primary responsibility for implementing and enforcing the
8 driver's license voter registration system created under this
9 section. The secretary, in consultation with the Secretary of
10 Transportation, may promulgate regulations for implementing
11 this section.
12 (2) An application for voter registration submitted to
13 the Department of Transportation under this subsection shall
14 be considered as updating any previous voter registration
15 information by the applicant.
16 (3) Any change of address submitted under 75 Pa.C.S. §
17 1515 (relating to notice of change of name or address) shall
18 serve as notification of change of address for voter
19 registration for the registrant involved unless the
20 registrant indicates that the change of address is not for
21 voter registration purposes.
22 (b) Process.--
23 (1) The Department of Transportation shall provide for
24 an application for voter registration as part of a driver's
25 license application.
26 (2) The format of the driver's license/voter
27 registration application shall be determined and prescribed
28 by the secretary and the Secretary of Transportation.
29 (3) The voter registration application portion of the
30 application shall contain all the requirements of an official
19950H1212B1366 - 28 -
1 voter registration application specified in section 527. The
2 voter registration portion of the application:
3 (i) may not require any information that duplicates
4 information required in the driver's license portion of
5 the form, other than a second signature; and
6 (ii) may require only the minimum amount of
7 information necessary to prevent duplicate voter
8 registration, to enable the registration commission to
9 assess the eligibility of the applicant and to administer
10 voter registration and other parts of the election
11 process.
12 (c) Transmission.--
13 (1) The Department of Transportation shall forward
14 completed applications or contents of the completed voter
15 registration applications in machine-readable format to the
16 department.
17 (2) The department shall transmit the material to the
18 appropriate commission within ten days after the date of its
19 receipt by the Department of Transportation. If a voter
20 registration application is received by the Department of
21 Transportation within five days before the last day to
22 register before an election, the application shall be
23 transmitted to the appropriate commission not later than five
24 days after the date of its receipt by the Department of
25 Transportation.
26 (3) Upon receipt of the completed voter registration
27 information from the department, the commission shall make a
28 record of the date of the receipt of the application and
29 process the application. No applicant shall be deemed
30 eligible to vote until the commission has received and
19950H1212B1366 - 29 -
1 approved the application.
2 (4) Changes of address shall comply with the following:
3 (i) The Department of Transportation shall notify
4 the secretary of changes of address received under
5 subsection (a)(3). The secretary shall notify the
6 commission of the county of the registrant's prior
7 residence. Except as provided in subparagraph (ii), if
8 the registrant has moved outside of the county, the
9 commission shall forward the registrant's registration
10 card to the commission of the registrant's new county of
11 residence. Except as provided in subparagraph (ii), if
12 the registrant has moved to an address within the
13 commission's jurisdiction, the commission shall update
14 the registration record of the registrant.
15 (ii) In the case of changes of address received by
16 the Department of Transportation which do not contain a
17 signature of the registrant, the commission receiving the
18 change of address notification shall mail a notice to the
19 registrant at the new residence address requesting
20 verification of the address change. The verification
21 notice shall be in substantially the following form:
22 Date................
23 Office of the Registration Commission
24 .......... County, Pennsylvania
25 ........ (Address and Telephone No. of County)
26 We have been notified by the Department of Transportation
27 that you recently moved from ................. (old
28 residence address) to ............... (new residence
29 address) and that this change of address is to serve as a
30 change of address for voter registration purposes. Unless
19950H1212B1366 - 30 -
1 you notify this office within ten days from the date of
2 this notice that this information is not correct, your
3 voter registration will be transferred to ...........
4 County. You may notify this office by calling the
5 telephone number appearing on this form or by mailing
6 this notice to this office. You need not notify this
7 office if this information is correct.
8 ............................
9 Chief Clerk
10 If the address change is within the commission's
11 jurisdiction the county shall notify the registrant what
12 precinct the new address is in using the following form:
13 Date...............
14 Office of the Registration Commission
15 ............ County, Pennsylvania
16 .......... (Address and Telephone No. of County)
17 We have been notified by the Department of Transportation
18 that you recently moved from ................. (old
19 residence address) to (new residence address) and that
20 this change of address is to serve as a change of address
21 for voter registration purposes. Unless you notify this
22 office within ten days from the date of this notice that
23 this information is not correct, your voter registration
24 will be transferred to ................ (new precinct) in
25 this county. You may notify this office by calling the
26 telephone number appearing on this form or by mailing
27 this notice to this office. You need not notify this
28 office if this information is correct.
29 ............................
30 Chief Clerk
19950H1212B1366 - 31 -
1 Such notices must be sent by first class nonforwardable
2 mail, return postage guaranteed, and must be in a form
3 approved by the secretary and designed in such a manner
4 to allow the registrant to indicate that the address
5 change is incorrect, the reason why such discrepancy
6 exists and for return to the county commission. Such
7 notice must be signed by the registrant and dated.
8 (iii) If the registrant does not return the notice
9 under subparagraph (ii) within the ten-day period, the
10 commission shall process the change of address according
11 to subparagraph (i). If the registrant notifies the
12 commission that the information is incorrect and the
13 commission is satisfied with the registrant's explanation
14 of the discrepancy, the address of the registrant's
15 registration shall remain unchanged. If the verification
16 notification is returned by the post office, the
17 commission shall direct a confirmation notice to the
18 registrant's address of former residence in accordance
19 with section 907(d)(2).
20 (d) Prohibition.--An individual who is not a qualified
21 elector is ineligible to register to vote under this section.
22 (e) Effect.--Failure to properly complete a voter
23 registration application shall not affect the validity of an
24 application for a driver's license, a renewal application or an
25 identification card application.
26 (f) Use of information.--No information regarding a
27 declination to register to vote in connection with an
28 application made under this section may be used for any purpose
29 other than voter registration.
30 (g) Staff.--Agents and employees working on behalf of the
19950H1212B1366 - 32 -
1 Department of Transportation assisting in the completion of
2 voter registration applications shall conduct themselves in a
3 manner consistent with the following principles:
4 (1) They shall not seek to influence an applicant's
5 political preference or party registration or display
6 political preference or party allegiance.
7 (2) They shall not make a statement to an applicant or
8 take an action the purpose or effect of which is to
9 discourage the applicant from registering to vote.
10 (3) Applicants wishing to register to vote under this
11 section shall be given the same degree of assistance with the
12 voter registration application as with all other Department
13 of Transportation forms.
14 Agency employees who violate this subsection shall be removed
15 from employment or suspended without pay for not more than 120
16 days.
17 (h) Reimbursement.--The department shall reimburse the
18 Department of Transportation costs incurred in operating the
19 voter registration program, as determined in a memorandum of
20 understanding between the Department of Transportation and the
21 department.
22 Section 524. Application by mail.
23 (a) General rule.--An application to register to vote or to
24 change party enrollment or name or address on a current
25 registration may be submitted by voter registration mail
26 application in the manner set forth in this section. An
27 application may be submitted by mail or by representative to the
28 registration commission on an official mail registration
29 application, the form of which shall be determined and
30 prescribed by the secretary or the Federal Election Commission
19950H1212B1366 - 33 -
1 pursuant to the National Voter Registration Act (Public Law 103-
2 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
3 information required on the registration application and sign
4 the registration declaration.
5 (b) Time.--Registration under this section may be made at
6 any time. If a registration application is received by a
7 commission beyond the deadline for registration provided in
8 section 527, the application shall be retained by the commission
9 until the beginning of the next period during which registration
10 can be made.
11 (c) Military electors.--
12 (1) A military elector may apply at any time for
13 registration on an official registration application or any
14 form prescribed by the Federal Government for such purpose.
15 (2) The status of a military elector to register under
16 this section with respect to residence shall remain as the
17 same home residence status from which the elector is
18 qualified to register. If, at the time of leaving that home
19 address, the elector had not resided in this Commonwealth or
20 in a particular election district for a sufficient time to
21 have been entitled to be registered but, by continued
22 residence, would have become entitled to be registered, the
23 elector shall be entitled to be registered at the time the
24 elector would have been entitled to register had the elector
25 not left that home address but continued to reside there.
26 (3) The commission is authorized to consider a request
27 for an absentee ballot as a request for an official
28 registration application and to forward to the requester all
29 of the following:
30 (i) An absentee ballot and balloting material.
19950H1212B1366 - 34 -
1 (ii) An official registration application.
2 (4) The military elector must complete and file these
3 documents in accordance with the applicable provisions of the
4 act of June 3, 1937 (P.L.1333, No.320), known as the
5 Pennsylvania Election Code.
6 Section 525. Government agencies.
7 (a) General rule.--The secretary shall administer a system
8 whereby all offices in this Commonwealth that provide public
9 assistance, the county clerk of Orphan's Court, including the
10 Marriage License Bureau, all offices in this Commonwealth that
11 provide State-funded programs primarily engaged in providing
12 services to persons with disabilities and all armed forces
13 recruitment centers do all of the following:
14 (1) Distribute voter registration applications with each
15 application; reapplication; and application for
16 recertification, renewal or change of address.
17 (2) Assist applicants with completion of the
18 registration application unless assistance is refused.
19 (3) Accept completed registration applications.
20 (4) Transmit completed applications to the appropriate
21 registration commission.
22 (b) Forms.--An agency designated in subsection (a) shall
23 provide a form for office visits or, if the agency provides
24 services to persons with disabilities, for home visits which
25 contains all of the following:
26 (1) The question, "If you are not registered to vote
27 where you live now, would you like to apply to register to
28 vote today?"
29 (2) If the agency provides public assistance, the
30 statement, "Applying to register or declining to register to
19950H1212B1366 - 35 -
1 vote will not affect the amount of assistance that you will
2 be provided by this agency."
3 (3) Boxes for the applicant to check to indicate whether
4 the applicant would like to register or decline to register
5 to vote. In close proximity to the boxes the following words
6 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
7 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
8 TO VOTE AT THIS TIME."
9 (4) The statement, "If you would like help in filling
10 out the voter registration application form, we will help
11 you. The decision whether to seek help is yours. You may fill
12 out the form in private."
13 (5) The statement, "If you believe that someone has
14 interfered with your right to register or to decline to
15 register to vote, your right to privacy in deciding whether
16 to register or in applying to register to vote, or your right
17 to choose your own political party or other political
18 preference, you may file a complaint with the Secretary of
19 the Commonwealth, Pennsylvania Department of State,
20 Harrisburg, PA 17120." The secretary shall establish and
21 publish a toll-free telephone number for the purpose of
22 receiving complaints.
23 (c) Effect.--Failure to check either box under subsection
24 (b)(3) shall be considered a declination to register to vote.
25 (d) Staff.--Agency employees assisting in the completion of
26 voter registration applications shall conduct themselves in a
27 manner consistent with the following principles:
28 (1) They shall not seek to influence an applicant's
29 political preference or party registration or display
30 political preference or party allegiance.
19950H1212B1366 - 36 -
1 (2) They shall not make any statement to an applicant or
2 take any action the purpose of or effect of which is to
3 discourage the applicant from registering to vote.
4 (3) They shall not make any statement to an applicant or
5 take any action the purpose or effect of which is to lead the
6 applicant to believe that a decision to register or not to
7 register has any bearing on the availability of services or
8 benefits.
9 Agency employees who violate this subsection shall be removed
10 from employment, provided that the agency at its discretion may
11 impose a penalty of suspension without pay for at least 30 days,
12 but not more than 120 days, if it finds that the violation does
13 not warrant termination.
14 (e) Encouraging registration.--An agency designated in
15 subsection (a) shall provide reasonable space for nonpartisan
16 signs or posters encouraging voter registration. The signs and
17 posters shall be provided by the secretary.
18 (f) Transmission.--An agency designated in subsection (a)
19 shall forward all completed registration applications to the
20 appropriate registration commission within ten days after the
21 date of receipt. If a voter registration application is received
22 within five days before the last day to register before an
23 election, the application shall be transmitted to the
24 appropriate commission not later than five days after the date
25 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
19950H1212B1366 - 37 -
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 Section 526. Time.
13 (a) General rule.--Except as provided in subsection (b),
14 each registration commission, commissioners and registrars or
15 clerks appointed by the commission shall receive, during
16 ordinary business hours and during additional hours as the
17 commission prescribes, at the office of the commission and at
18 additional places as the commission designates, applications
19 from individuals who appear and claim that they are entitled to
20 be registered as electors of a municipality.
21 (b) Deadlines.--In the administration of voter registration,
22 each commission shall ensure that any eligible applicant is
23 registered to vote in an election when the applicant has met any
24 of the following conditions:
25 (1) In the case of voter registration with a motor
26 vehicle driver's license application under section 523, if
27 the valid voter registration application is submitted to the
28 appropriate Department of Transportation office not later
29 than 30 days before the date of the election.
30 (2) In the case of registration by mail under section
19950H1212B1366 - 38 -
1 524, if the valid voter registration mail application is
2 postmarked not later than the deadline to register for the
3 ensuing election or, in the case of an illegible or missing
4 postmark, it is received not later than five days after the
5 deadline to register for the ensuing election.
6 (3) In the case of voter registration at a voter
7 registration agency under section 525, if the valid voter
8 registration application is accepted at the voter
9 registration agency not later than 30 days before the date of
10 the election.
11 (4) In any other case, if the valid voter registration
12 application of the applicant is received by the appropriate
13 commission not later than 30 days before the election.
14 (c) Special rules.--
15 (1) In the case of a special election within a
16 congressional, senatorial or representative district held on
17 a day other than the day of a primary, general or municipal
18 election, the registration application forms shall not be
19 processed in the wards and election districts comprising the
20 district for the 30 days prior to the special election for
21 such election.
22 (2) No applications shall be received as follows:
23 (i) On Sundays.
24 (ii) On holidays.
25 (iii) On the day of the election.
26 (iv) During the 30 days next preceding each
27 general, municipal and primary election, except as
28 provided in subsection (b).
29 Section 527. Preparation and distribution of applications.
30 (a) Form.--
19950H1212B1366 - 39 -
1 (1) The secretary shall prescribe the form of official
2 voter registration application. The official voter
3 registration application shall provide space for the
4 following information about the applicant:
5 (i) Full name.
6 (ii) Address of residence. If the residence is a
7 portion only of the house, the location or number of the
8 room, apartment or floor which is occupied.
9 (iii) Mailing address if different than address of
10 residence.
11 (iv) Name and residence address on previous
12 registration and the year of that registration.
13 (v) Designation of political party, for the purpose
14 of voting at a primary election.
15 (vi) Date of birth.
16 (vii) Telephone number. An application shall not be
17 rejected because of noncompliance with this subparagraph.
18 (viii) Race. An application shall not be rejected
19 because of noncompliance with this subparagraph.
20 (2) Data required on the voter registration application
21 shall not be more nor less than the minimum data elements
22 permissible for Federal voter registration.
23 (3) Any person who assists in the completion of the
24 registration application shall sign the application and
25 indicate the person's address. In the case of those
26 registering under sections 523 and 525, the person providing
27 assistance shall insert the person's initials or employee or
28 agent identification number on a separate or detachable
29 portion of the application or computer data file.
30 (4) A voter registration application shall be printed on
19950H1212B1366 - 40 -
1 stock of good quality and shall be of suitable uniform size.
2 Nothing in this act shall prohibit the design and use of an
3 electronic voter registration application which includes the
4 applicant's digitized signature. The registration application
5 shall contain the following information; however, the
6 information may be provided on a separate form for voter
7 registration made under section 523 or 525:
8 (i) Notice that an individual currently registered
9 does not need to re-register unless the individual has
10 moved.
11 (ii) Instructions on how to fill out and submit the
12 application and notification of when the application must
13 be submitted to a voter registration office in order to
14 be registered for the ensuing election.
15 (iii) Notice that the registrant must be a citizen
16 of the United States for at least one month and a
17 resident of this Commonwealth and the election district
18 for at least 30 days and must be at least 18 years of age
19 by the day following the ensuing election. The notice
20 required in this subparagraph shall be in print identical
21 to the declaration under subsection (b).
22 (iv) Notice that political party enrollment is
23 mandatory to vote in a primary election of a political
24 party.
25 (v) Notice that the commission will mail by
26 nonforwardable mail to the applicant a voter's
27 identification card upon acceptance of the application
28 and that the registrant should contact the commission if
29 the identification card is not received within 14 days
30 from the date the application is sent to the registration
19950H1212B1366 - 41 -
1 office.
2 (vi) Notice that registration is not complete until
3 the application is processed and accepted by the
4 commission.
5 (vii) A warning to the registrant that making a
6 false registration or furnishing false information is
7 perjury. The notice required in this subparagraph shall
8 be in print identical to the declaration under subsection
9 (b).
10 (viii) Instructions to Federal or State employees
11 who wish to retain voting residence in county of last
12 residence to so indicate on the application.
13 (ix) Notice that if an applicant declines to
14 register to vote, the fact that the applicant has
15 declined to register will remain confidential and will be
16 used only for voter registration purposes. The notice
17 required in this subparagraph shall be in print identical
18 to the declaration under subsection (b).
19 (x) Notice that, if an applicant does register to
20 vote, the office at which the applicant submits a voter
21 registration application will remain confidential and
22 will be used for voter registration purposes only. The
23 notices required in this subparagraph shall be in print
24 identical to the declaration in subsection (b).
25 (5) The official voter registration application may be
26 designed in a manner to be inserted in the district register
27 or for transfer to a registration card to be placed in the
28 district register.
29 (6) In jurisdictions where there is a single language
30 minority, the secretary may print a bilingual application.
19950H1212B1366 - 42 -
1 (7) In jurisdictions where a single language minority
2 exceeds 5% of the population, the secretary shall:
3 (i) print a bilingual application; and
4 (ii) conduct a public educational program among that
5 language group alerting both organizations and
6 individuals of that group of the availability of the
7 bilingual application and encouraging unregistered voters
8 to register.
9 (8) To implement section 524, the secretary shall print
10 an official voter registration mail application, which is a
11 self-mailer designed to preserve the confidentiality of the
12 information required to be submitted. The application shall
13 contain information required by this section and, if the
14 address of the county registration office cannot be
15 preprinted on the address portion of the application, shall
16 include the name of each county seat, its post office mailing
17 address and zip code and its telephone number. Voter
18 registration mail applications shall contain information
19 indicating whether the application is a new registration,
20 change of party enrollment, change of address or change of
21 name.
22 (9) Nothing in this act shall prohibit a private
23 organization or individual from printing blank voter
24 registration applications or shall prohibit the use of such
25 applications by any other individual. Provided that the form,
26 content and paper quality of such voter registration
27 application complies with department regulations for the
28 forms or has received prior approval from the secretary.
29 (b) Registration declaration.--
30 (1) The official voter registration application shall
19950H1212B1366 - 43 -
1 contain a registration declaration. On the declaration, the
2 applicant shall state all of the following:
3 (i) The applicant has been a citizen of the United
4 States for at least one month.
5 (ii) On the day of the next ensuing election, the
6 applicant shall be at least 18 years of age.
7 (iii) On the day of the next ensuing election, the
8 applicant shall have resided in this Commonwealth and in
9 the election district for at least 30 days.
10 (iv) The applicant is legally qualified to vote.
11 (2) The applicant shall affirm all of the following:
12 (i) The information provided in the registration
13 declaration is true.
14 (ii) The applicant understands that:
15 (A) the registration declaration will be
16 accepted for all purposes as the equivalent of an
17 affidavit; and
18 (B) if the registration contains a material
19 false statement, the applicant shall be subject to
20 penalties for perjury.
21 (3) The registration declaration shall contain the
22 printed name and signature of the applicant and the date of
23 signing. An applicant unable to sign the voter registration
24 application shall make a mark before a person of the
25 applicant's choice other than the applicant's employer or an
26 agent of the applicant's union. Such person shall insert the
27 person's name, address and telephone number. If such person
28 is an employee or agent of the Department of Transportation
29 or another agency, as provided under section 525, and is
30 assisting the applicant in an official capacity, such
19950H1212B1366 - 44 -
1 employee or agent shall insert the initials and
2 identification number of the employee or agent. In the case
3 of applicants registering under section 523 or 525, the
4 person providing assistance shall insert initials or employee
5 or agent identification number on a separate or detachable
6 portion of the application or computer data file.
7 (4) The official registration application shall contain
8 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
9 notice shall advise the applicant that, if a person signs an
10 official registration application knowing a statement
11 declared in the application to be false, the person commits
12 perjury. The notice shall specify the penalty for perjury.
13 (c) Distribution.--
14 (1) The secretary shall supply official registration
15 applications to commissions.
16 (2) The secretary shall administer a program whereby
17 public libraries, public schools, State-related institutions
18 of higher education, offices operated by the Department of
19 Revenue, offices operated by the Department of Aging, area
20 agencies on aging, all offices in the Commonwealth that
21 provide unemployment compensation, offices operated by the
22 Pennsylvania Game Commission or any of its authorized
23 license-issuing agents, offices operated by the Pennsylvania
24 Fish and Boat Commission or any of its issuing agents, and
25 offices that provide unemployment compensation do all of the
26 following:
27 (i) Ensure that official voter registration mail
28 applications are available on the premises and displayed
29 prominently in a conspicuous location during normal
30 business hours.
19950H1212B1366 - 45 -
1 (ii) Provide an official voter registration mail
2 application to any individual requesting one.
3 (iii) Provide reasonable space for nonpartisan signs
4 or posters indicating the availability of official voter
5 registration mail applications on the premises.
6 (3) The secretary may provide technical assistance to
7 commissions upon request.
8 (4) The secretary shall print and distribute mail
9 registration applications which are not postage paid and
10 which shall not be specific to any county registration
11 office. Along with the distribution of such applications, the
12 secretary shall also include instructions to inform the
13 applicant where the application is to be sent. Such an
14 application shall contain a notice that an application is
15 available from the commission.
16 (5) The secretary and commissions shall supply
17 applications to all of the following:
18 (i) Persons and organizations who request
19 applications.
20 (ii) Federal, State and political subdivision
21 offices.
22 (iii) Political parties and political bodies.
23 (iv) Candidates.
24 Section 528. Approval of registration applications.
25 (a) Examination.--
26 (1) Official registration applications submitted to a
27 registration commission shall be examined by the commissioner
28 or a clerk or registrar upon receipt.
29 (2) If the official voter registration application
30 submission is in person, the application shall be attested
19950H1212B1366 - 46 -
1 and dated by the commissioner, clerk or registrar.
2 (3) Upon receipt of any other voter registration
3 application, the commission shall make an entry of the date
4 received on the application. If the applicant does not reside
5 within the commission's county, but resides elsewhere in this
6 Commonwealth, the commission shall forward the application
7 card to the proper commission and make a record of the
8 forwarding.
9 (b) Decision.--
10 (1) If the commission finds the official registration
11 application not properly completed, the application shall be
12 rejected. The commission should make reasonable efforts to
13 complete the registration before rejecting it for omissions
14 and inconsistencies. If the commission rejects an application
15 under this paragraph, it shall indicate "REJECTED" on the
16 application and state there the reason for rejection and
17 notify the applicant by first class nonforwardable mail,
18 return postage guaranteed.
19 (2) If the official registration application contains
20 the required information indicating that the applicant is
21 legally qualified to register as stated in the application,
22 the commission shall mail to the applicant a voter's
23 identification card in accordance with subsection (d)(1).
24 (3) For an application for a transfer of registration or
25 a change in address or name, if the application contains the
26 required information and the applicant is legally qualified
27 to transfer registration or change name or address as stated
28 in the application, the commission shall make the transfer or
29 change. If the commission suspects that the applicant is not
30 entitled to transfer registration or to change name or
19950H1212B1366 - 47 -
1 address, the commission may investigate. If the commission
2 finds that the applicant is not entitled to the transfer or
3 change, the application shall be rejected. The applicant
4 shall be notified of the rejection and the reason for it.
5 Rejection shall be made no later than ten days before the
6 election succeeding the filing of the application.
7 (c) Result.--If an application is designed to serve as a
8 registration card, the accepted application of an elector may
9 serve as the elector's official registration card, if it was so
10 designed, and shall be filed in the office of the commission in
11 accordance with Chapter 7. If the application is not designed to
12 serve as a registration card, the information contained on the
13 application, including the elector's signature, shall be
14 transferred to the registration card. If a commission utilizes a
15 signature digitization list, it shall transfer all information
16 contained on the application, including the signature, to the
17 registry or, until the registry is established, to a computer
18 file. The right of an individual to be registered shall not be
19 subject to challenge for any reason other than failure to have
20 furnished the commission a properly completed registration
21 application. Applicants for registration shall be challenged
22 under section 529.
23 (d) Disposition.--
24 (1) When the registration of an elector has been finally
25 processed under subsection (b)(2), the commission shall
26 transmit to the applicant by first-class nonforwardable mail
27 a wallet-sized voter's identification card, which shall serve
28 as notice to the applicant of the disposition of the
29 application. The card shall contain all of the following:
30 (i) Name and address of the elector.
19950H1212B1366 - 48 -
1 (ii) Name of municipality.
2 (iii) Identification of elector's ward and district.
3 (iv) Effective date of registration.
4 (v) Designation of party enrollment and date of
5 enrollment.
6 (vi) A space for the elector's signature or mark.
7 (vii) A statement that the card relates only to the
8 time of issuance of the card and is not of itself
9 evidence or proof of the qualifications of the elector to
10 vote at an election or proof of identification for
11 purposes of applying for or receiving general assistance
12 and that it is not necessary to present the card when
13 voting. The statements required by this subparagraph
14 shall be placed on the reverse side of the card from
15 where all of the other information required by this
16 paragraph is placed.
17 (2) The carrier envelope in which the identification
18 card is enclosed shall contain on the outside a request to
19 the postmaster to return it within five days if it cannot be
20 delivered to the addressee at the address given.
21 (3) No registration application shall be deemed to be
22 accepted until ten days after the voter's identification card
23 has been mailed. Upon return by the post office of an
24 identification card under paragraph (2) which the post office
25 is unable to deliver at the given address, the commission
26 shall investigate. If the commission finds that the applicant
27 is not qualified to register from such address, the
28 commission shall reject the application of the applicant and
29 shall notify the applicant by first class forwardable mail of
30 this action.
19950H1212B1366 - 49 -
1 (4) If the applicant discloses that the elector's last
2 residence address upon registration was a location within
3 another county, the commission shall direct a cancellation
4 notice to the commission of that county. This cancellation
5 notice shall be in a form approved by the secretary in
6 substantially the following form:
7 Date .........................
8 Office of the Registration Commission
9 ................ County, Pennsylvania
10 Cancellation of Previous Registration
11 Name .................................., whose date of
12 birth is ..........................., has now registered
13 as an elector in........................ County,
14 Pennsylvania. Our records indicate that this registrant
15 was previously registered in the County of
16 ............................., Pennsylvania, at the
17 following address ...............................
18 ............................
19 Chief Clerk
20 Section 529. Challenges.
21 (a) Standing.--An individual claiming the right to register
22 may be challenged by a commissioner, registrar or clerk or by a
23 qualified elector of the municipality.
24 (b) Complaint.--To make a challenge, a complainant must file
25 a challenge affidavit in a form prescribed by the secretary
26 containing the following information:
27 (1) Name of challenged applicant.
28 (2) Address of challenged applicant.
29 (3) Name of complainant.
30 (4) Address of complainant.
19950H1212B1366 - 50 -
1 (5) Date of affidavit.
2 (6) Reason for challenge.
3 (c) Response.--An individual who is challenged must respond
4 to the challenge affidavit as set forth in subsection (b) in a
5 written statement sworn or affirmed by the individual. The
6 challenged applicant must produce such other evidence as may be
7 required to satisfy the registrar or commissioner as to the
8 applicant's qualifications as an elector.
9 (d) Resolution.--If the challenged applicant establishes, to
10 the satisfaction of the commission, the right to be registered
11 as required by this act, the challenged applicant shall be
12 registered.
13 Section 530. Appeals.
14 (a) Right.--An applicant whose application to be registered
15 has been denied may file with the registration commission a
16 petition to be registered, setting forth the grounds of the
17 petition under oath or affirmation. The petition must be filed
18 by the 15th day prior to an election.
19 (b) Hearing.--
20 (1) The commission shall fix a time for a public hearing
21 at its office not later than the tenth day prior to the
22 election.
23 (2) The commission shall give the person responsible for
24 the rejection 48 hours' notice of the hearing.
25 (3) At the hearing, a clerk, inspector of registration
26 or qualified elector of the county may offer evidence as to
27 why the petitioner should not be registered.
28 (4) The commission, if satisfied that the petitioner is
29 entitled to be registered, shall direct registration.
30 CHAPTER 7
19950H1212B1366 - 51 -
1 RECORDS
2 Section 701. General register.
3 (a) Original registration cards.--If a commission uses the
4 original registration cards for registered electors in the
5 county as the district register, the duplicate registration
6 cards or photocopies of the original registration cards shall be
7 placed in exact alphabetical order by last name of the
8 registrant, shall be indexed and shall be kept at the office of
9 the registration commission in a manner as to be properly
10 safeguarded. These cards constitute the general register of the
11 county. They may not be removed from the office of the
12 commission except upon order of a court of record. Nothing in
13 this act shall preclude the use of duplicate registration cards
14 from applications provided under the act of March 30, 1937
15 (P.L.115, No.40), known as The First Class City Permanent
16 Registration Act, or the act of April 29, 1937 (P.L.487,
17 No.115), known as The Permanent Registration Act for Cities of
18 the Second Class, Cities of the Second Class A, Cities of the
19 Third Class, Boroughs, Towns, and Townships.
20 (b) Digitized signature lists.--If a commission uses
21 digitized signature lists as the district register, the original
22 registration cards shall be placed in exact alphabetical order
23 by last name of the registrant, indexed and kept at the office
24 of the commission in a manner as to be properly safeguarded.
25 These original cards constitute the general register of the
26 county. They may not be removed from the office of the
27 commission except upon order of a court of record. The
28 commission shall safely retain all registration cards used in
29 the registration of electors or in conducting an election. If a
30 commission has the capability to accept an electronic
19950H1212B1366 - 52 -
1 application, the secretary may require the commission to produce
2 a computer-generated card to file in the general register. If
3 the commission finds a record for a registrant on the computer
4 data base which is not contained in the general register, it
5 shall replace the original card with a computer-generated
6 duplicate card upon written permission from the registrant or
7 upon order of a court of record.
8 (c) Duplicate files.--If the commission deems a duplicate
9 file of registration cards necessary for administrative
10 purposes, the commission may prepare a reproduction in
11 compliance with the following:
12 (1) The registration form shall be photographed,
13 microphotographed or reproduced in a manner approved for
14 permanent records by the secretary.
15 (2) The device used to reproduce the card is one which
16 accurately reproduces the original in all details.
17 (3) The photographs, microphotographs or other
18 reproductions are open to public inspection and provision is
19 made for preserving, examining and using them.
20 Section 702. District registers.
21 (a) Registration card file.--
22 (1) Except as provided in subsection (b) and in section
23 701(b), the original registration cards shall be filed by
24 election districts in exact alphabetical order by last name
25 of the registrant and shall be indexed.
26 (2) The cards constitute the district register.
27 (3) The commission shall provide binders, which are
28 capable of being locked, for filing and indexing the
29 registration cards. The keys to the binders shall at all
30 times be retained by the commission.
19950H1212B1366 - 53 -
1 (4) The district register shall be kept at the office of
2 the commission, except as provided in subsection (b), and
3 shall be open to public inspection, subject to reasonable
4 safeguards and regulations.
5 (b) Computer lists.--
6 (1) Prior to full implementation of the Statewide
7 central registry under section 301, instead of using
8 registration cards as the district register as provided in
9 subsection (a), a commission may use a computer list or
10 computer-generated cards containing the registered electors
11 arranged by election district, alphabetically by last name of
12 the registrant.
13 (2) After the full implementation of the Statewide
14 central registry under section 301, instead of using original
15 registration cards as the district register as provided in
16 subsection (a), a commission shall use a computer list or
17 computer-generated cards in a format as prescribed by the
18 secretary by regulation.
19 (3) The computer list or computer-generated cards must
20 be in a form prescribed by the secretary and must contain
21 necessary information that would otherwise be available on
22 the registration cards, including a legible digitized
23 signature of the registrant copied from the signature on the
24 registration card. The district election officials shall have
25 computer printouts at the polling places containing the
26 necessary information needed to verify the identity of the
27 elector. The digitized signature list shall be open to public
28 inspection, subject to reasonable safeguards, rules and
29 regulations.
30 (4) A commission may, during systems conversion periods
19950H1212B1366 - 54 -
1 or emergency conditions, provide for a district register
2 containing the original registration cards. The following
3 apply:
4 (i) The original registration cards shall be filed
5 by election district, in one of the following orders, as
6 determined by the commission:
7 (A) Exact alphabetical order by last name of
8 registrant.
9 (B) Order in which registrants' residences
10 appear upon the streets of the election district, in
11 exact alphabetical order by last name of registrant
12 for each residence.
13 (ii) The district register containing registration
14 cards shall be kept at the office of the commission and
15 shall be open for public inspection, subject to
16 reasonable safeguards and regulations and to the
17 provisions of this act.
18 (c) Currency.--It is the duty of the commission to compare
19 and correct the general register and district registers to
20 ensure their accuracy. By noon of the third day preceding an
21 election, the commission shall have the district register for
22 each election district and the registry accurately corrected to
23 date.
24 (d) Delivery.--The commission shall deliver, in the manner
25 required by law for delivery of election materials, the district
26 register to the election officers for use on election day.
27 (e) Form.--District registers shall be enclosed within a
28 case or container and shall be locked and sealed by the
29 commission before delivery. The district register shall have
30 printed or written thereon the words "District Register of
19950H1212B1366 - 55 -
1 Voters" and the district and ward, if any.
2 (f) Examination.--Immediately following each election, the
3 commission shall cause each district register to be examined.
4 The commission specifically shall compare the signature of each
5 elector on each voter's certificate with his signature in the
6 district register and shall report in writing to the district
7 attorney any evidence or indication of probable fraud,
8 impersonation or forgery which may appear to the commission by
9 reason of the comparison. In the case of any elector whom the
10 election officers shall have recorded as removed, deceased, or
11 challenged and prevented from voting, the commission shall
12 ascertain the facts and shall correct the general and district
13 registers in accordance with Chapter 9.
14 Section 703. Street lists.
15 (a) Preparation.--Commencing not later than the 15th day
16 prior to each election, the registration commission shall
17 prepare for each election district a list of the names and
18 addresses of all registered electors as of that date resident in
19 the district. The list may not include the digitized signature
20 of a registered voter. The list shall be arranged in one of the
21 following manners:
22 (1) By streets and house numbers.
23 (2) Alphabetically by last name of registrant.
24 (3) In a manner whereby the location of the elector's
25 residence can be identified.
26 (b) The commission shall retain two copies of the list under
27 subsection (a) on file at its office. These copies shall be
28 available for public inspection during business hours, subject
29 to reasonable safeguards and regulations.
30 (c) Distribution.--The commission shall distribute the list
19950H1212B1366 - 56 -
1 under subsection (a) upon request as follows:
2 (1) To officials concerned with the conduct of
3 elections.
4 (2) To political parties and political bodies.
5 (3) To candidates.
6 (d) Organizations.--The commission may, for a reasonable fee
7 approved by the secretary, distribute the list under subsection
8 (a), to organized bodies of citizens.
9 Section 704. Public information lists.
10 (a) Establishment.--
11 (1) The registration commission may and, once a registry
12 is established, shall provide for computer inquiries
13 concerning individual registered voters. With respect to each
14 voter who is the subject of an inquiry, the information
15 provided shall contain the name, address, year of birth and
16 voting history. Upon request, the commission shall supply a
17 printed record for each such voter subject to the provisions
18 of this act. In addition, the commission may make available
19 for inspection a printed or computerized public information
20 list containing the name, address, year of birth and voting
21 history of each registered voter in the county.
22 (2) The list may also include information on voting
23 districts.
24 (3) The list may not contain the digitized signature of
25 the elector.
26 (b) Access.--
27 (1) The secretary may promulgate reasonable regulations
28 governing access to the list.
29 (2) No individual inspecting the list may tamper with or
30 alter it.
19950H1212B1366 - 57 -
1 (3) No individual who inspects the list or who acquires
2 names of registered voters from the list may use information
3 contained in the list for purposes unrelated to elections,
4 political activities or law enforcement. Before inspecting
5 the list or obtaining names of voters or other information
6 from the list, the individual must provide identification to
7 the public official having custody of the public information
8 list and must state in writing that any information obtained
9 from the list will not be used for purposes unrelated to
10 elections, political activities or law enforcement.
11 (c) Copies.--
12 (1) The commission shall provide paper copies of the
13 public information lists and may provide copies in some other
14 form to any voter registered in this Commonwealth within ten
15 days of receiving a written request accompanied by payment of
16 the cost of reproduction and postage. The cost of the copies
17 shall be determined by the office providing 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 Section 705. Retention of records.
23 (a) Computer lists.--Each commission shall preserve computer
24 lists used as district registers for five years.
25 (b) Records.--
26 (1) The department and each commission shall preserve
27 for two years and shall make available for public inspection
28 and, where available, photocopying at a reasonable cost, all
29 records concerning the implementation of programs and
30 activities conducted for the purposes of ensuring the
19950H1212B1366 - 58 -
1 accuracy and currency of official lists of eligible voters,
2 except to the extent that the records relate to a declination
3 to register to vote or to the identity of a voter
4 registration agency through which any particular voter is
5 registered.
6 (2) The records preserved under paragraph (1) shall
7 include lists of the names and addresses of all individuals
8 to whom notices described in section 901 are sent, and
9 information concerning whether or not the individual has
10 responded to the notice as of the date that inspection of the
11 record is made.
12 Section 706. Reports.
13 (a) Commission.--By March 1, the commission shall submit to
14 the secretary an annual report setting forth the number of
15 electors registered under sections 522, 523, 524 and 525. The
16 report shall specify the number of electors whose registration
17 has been canceled under Chapter 9 and any other information
18 required by the secretary.
19 (b) Secretary.--The secretary shall submit an annual report
20 to the General Assembly by June 30 assessing the impact of this
21 act on the administration of elections during the preceding year
22 and including recommendations for improvements to procedures,
23 forms and other matters affected by this act.
24 CHAPTER 9
25 CHANGES IN RECORDS
26 Section 901. Removal notices.
27 (a) Form.--
28 (1) The commission shall make removal notices available
29 to electors who are registered in the county.
30 (2) The notice shall be printed upon cards suitable for
19950H1212B1366 - 59 -
1 mailing, addressed to the office of the commission. The
2 notice shall provide the following information:
3 (i) The address of present residence, including
4 municipality.
5 (ii) The address of last registration, including
6 municipality.
7 (iii) Date of removal to present residence.
8 (iv) Signature.
9 (3) The notice shall contain a statement that the
10 elector may, by filling out properly and signing a removal
11 notice and returning it to the office of the commission,
12 secure the transfer of registration, effective as to
13 elections at least 30 days after the date of removal into the
14 new district.
15 (4) The notice shall contain a warning to the elector
16 that the notice will not be accepted as an application for
17 transfer of the elector's registration unless the signature
18 thereon can be identified by the commission as the elector's
19 signature as it appears on file with the commission.
20 (5) The notice shall contain a warning to the elector
21 that the notice must be received by the commission not later
22 than 30 days before the election. If mailed, the notice must
23 be postmarked not later than the deadline for registration
24 or, in the case of an illegible or missing postmark, received
25 within five days of the close of registration.
26 (b) Use.--An elector who removes residence from one place to
27 another within the same county must notify the commission by
28 filing a removal notice under subsection (a), or a signed
29 request for renewal that contains the information required in
30 subsection (a), with the commission not later than the
19950H1212B1366 - 60 -
1 registration deadline before the election. If mailed, the notice
2 or request must be postmarked not later than the deadline for
3 registration or, in the case of an illegible or missing
4 postmark, received within five days of the close of
5 registration. The following apply:
6 (1) An official registration application of an elector
7 who has registered by mail qualifies as a removal notice.
8 (2) An elector who removes residence from one place to
9 another within the same county and who has not yet filed a
10 removal notice with the commission shall be permitted to vote
11 at the election next following removal if, at the time of
12 signing voter's certificate, the elector files with the judge
13 of election a signed removal notice properly filled out.
14 Removal notices under this paragraph shall be returned to the
15 commission with the voting check list, and the commission
16 shall proceed to transfer the registration of the electors
17 under section 902.
18 Section 902. Transfer of registration.
19 (a) General rule.--Upon timely receipt of notification of
20 removal under section 901(b), the registration commission shall
21 proceed as follows:
22 (1) The signature on the notification document shall be
23 compared with the signature of the elector as it appears on
24 file with the commission.
25 (2) If the signature appears authentic, the commission
26 shall enter the change of residence on the registration card
27 of the elector in the general register and district register
28 and shall transfer the registration card of the elector from
29 the district register of the election district of previous
30 residence to the district register of the election district
19950H1212B1366 - 61 -
1 of new residence.
2 (3) If a request for transfer which is determined to be
3 authentic under paragraph (2) shows a removal within the
4 period of 30 days preceding an election, the commission,
5 after such election, shall enter the change of residence on
6 the registration card of the elector in the general register
7 and district register and shall transfer the registration
8 card of the elector from the district register of the
9 election district of previous residence. The commission shall
10 advise the elector promptly in writing of its action.
11 (b) Electors unable to write.--An elector who is unable to
12 sign the notification document may affix a mark to the
13 notification document. The mark must be affixed in the presence
14 of a witness, who must sign the notification document.
15 Section 903. Change of enrollment of political party.
16 By the deadline for registration, a registered voter who
17 desires to change the enrollment of political designation or
18 who, although registered, has not previously enrolled as a
19 member of a party may appear before a commissioner, registrar or
20 clerk or may submit an application by mail under section 524 and
21 state in a signed writing the political party in which the voter
22 desires to be enrolled. If the signature of the elector is
23 verified by comparison with the elector's signature as it
24 appears on file with the commission, the commissioner, registrar
25 or clerk shall make the change in the general register and
26 district register. If supported by other evidence of identity, a
27 mark may be made in lieu of a signature by an elector who is
28 unable to write. The mark must be made in the presence of a
29 witness, who must sign the registration application.
30 Section 904. Physical disability.
19950H1212B1366 - 62 -
1 (a) Eligibility.--If an elector is unable to see or mark the
2 ballot or operate the voting machine or to enter the voting
3 compartment or voting machine booth without assistance, the
4 following apply:
5 (1) The elector may, at least ten days prior to the next
6 election, personally make application to the commission or a
7 registrar or a clerk.
8 (2) The application must request the entry of the exact
9 nature of the disability on the elector's registration card.
10 (3) The commission shall make the entry as appropriate.
11 (4) If the disability is not entered on the registration
12 card, the elector may receive assistance if the elector
13 completes a declaration in the polling place under section
14 1218 of the act of June 3, 1937 (P.L.1333, No.320), known as
15 the Pennsylvania Election Code.
16 (b) Termination.--If the commission ascertains that an
17 elector who has declared need for assistance is no longer in
18 need of assistance, it shall cancel on the registration card the
19 entry relating to illiteracy or physical disability which
20 authorized assistance. The commission shall notify the elector
21 by mail of its action.
22 Section 905. Department of Health.
23 The registration commission shall cancel the registration of
24 a registered elector reported dead by the Department of Health.
25 The Department of Health shall, within 60 days of receiving
26 notice of the death of an individual 18 years of age or older,
27 send the name and address of residence of that individual to the
28 commission on a form prescribed by the department. An individual
29 incorrectly reported deceased by the Department of Health may
30 appear in person before a commissioner, registrar clerk, at the
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1 office of the commission, and prove identity. The commission,
2 upon such proof, shall correct its records.
3 Section 906. Residence monitoring.
4 (a) Municipalities.--Subject to the provisions of this act,
5 municipal officers and agencies and public utility corporations
6 furnishing electricity, gas, water or steam to householders in a
7 municipality shall report in writing to the registration
8 commission, upon the request of the commission and upon forms
9 supplied by the commission, all cases of discontinuance of
10 service to residences. The report shall include, if known, the
11 name of the person who contracted for service and the addresses
12 to which that person has removed.
13 (b) Real estate brokers and rental agents.--Subject to the
14 provisions of this act, real estate brokers and rental agents
15 shall report in writing to the commission, upon the request of
16 the commission, all cases of residence property managed by them
17 which have been vacated by the tenant. The report shall include,
18 if known, the name of the tenant and the address to which the
19 tenant has removed.
20 (c) Commission.--For each registered elector identified from
21 a report under subsection (a) or (b), the commission shall take
22 action under section 907.
23 Section 907. Removal of voters.
24 (a) Removal of elector's registration record.--Commissions
25 shall institute a program to protect the integrity of the
26 electoral process and to ensure the maintenance of accurate and
27 current voter registration records. The program shall be
28 uniform, nondiscriminatory and in compliance with the Voting
29 Rights Act of 1965 (Public Law 89 110, 42 U.S.C. Sec. 1973, et
30 seq.) An elector's registration shall not be canceled except as
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1 follows:
2 (1) At the request of the elector.
3 (2) Upon the death of the elector under section 905.
4 (3) Upon confirmation that the elector has moved to a
5 residence outside the county.
6 (4) Under a voter removal program as provided for under
7 subsection (b).
8 (b) Voter removal program.--
9 (1) The commission shall establish a program to identify
10 electors whose address may have changed by establishing one
11 of the following programs:
12 (i) National change of address. The secretary shall
13 establish by regulation a program whereby information
14 supplied by the United States Postal Service through its
15 licensees is used on a periodic basis, but not less than
16 once every calendar year to identify electors who may
17 have changed addresses. The information shall be
18 incorporated in the administration of the Statewide
19 central registry and shall be forwarded to the
20 commissions in a manner determined by the secretary by
21 regulation.
22 (A) If it appears from the information provided
23 through the United States Postal Service that an
24 elector has moved to a different residence address
25 within the same county as the elector is currently
26 registered, the commission shall change the
27 registration records to show the new address and
28 shall send the elector to the address recorded on the
29 elector's registration a notice of the change of
30 address by forwardable mail and a postage prepaid
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1 preaddressed return form by which the elector may
2 verify or correct the address information.
3 (B) If it appears from the information provided
4 through the United States Postal Service that an
5 elector has moved to a different residence address
6 outside the county, the commission shall use the
7 notice procedure described in clause (A).
8 (ii) Confirmation mailing:
9 (A) A commission may establish a program by
10 sending a direct, nonforwardable first class "return
11 if undeliverable - address correction requested"
12 mailing to all registered electors in the county.
13 (B) If this program is established, the
14 commission shall use the notice procedure described
15 in subparagraph (i)(A) for any elector whose mailing
16 is returned undeliverable.
17 (2) In conjunction with, and not as an alternative to, a
18 program established under paragraph (1), a canvass may be
19 used as follows:
20 (i) The registration commission may, by
21 commissioners or by inspectors of registration, verify
22 the registration in an election district by visiting the
23 building from which an elector is registered and other
24 buildings as the commission deems necessary.
25 (ii) The commission shall make a record of the name
26 and address of each registered elector who is found not
27 to reside at the registered address or who, for any other
28 reason, appears to be not qualified to vote in the
29 registered election district.
30 (iii) The commission shall leave at the address of
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1 each person referred to in subparagraph (ii) a notice
2 requiring him to communicate with the commission on or
3 before a date which the commission shall designate, and
4 which shall be not less than seven days and not more than
5 15 days from the date of the notice and in any case not
6 later than the 15th day preceding the election next
7 ensuing, and satisfy the commission of his qualifications
8 as an elector. The commission shall cause a confirmation
9 of each such notice to be sent by mail promptly to such
10 person at the address from which he is registered. The
11 envelope containing such information is to be plainly
12 marked that it is not to be forwarded. At the expiration
13 of the time specified in the notice, the commission shall
14 cancel or suspend the registration of such person who has
15 not communicated with the commission and proved his
16 qualifications as an elector.
17 (iv) To facilitate the canvass under this section,
18 the commission may, when necessary, appoint special
19 inspectors of registration, in number not exceeding
20 double the number of election districts being canvassed.
21 (v) Special inspectors must be qualified electors of
22 the county. They shall be appointed without reference to
23 residence in election districts or to political
24 affiliations or beliefs. The commission shall instruct
25 special inspectors in their duties. Special inspectors
26 have the powers conferred by this act upon inspectors of
27 registration.
28 (3) In conjunction with, and not as an alternative to, a
29 program established under paragraph (1), the commission shall
30 send a notice pursuant to subsection (d) to any elector who
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1 has not voted nor appeared to vote during the period
2 beginning five years before the date of the notice and ending
3 on the date of the notice and for whom the board of elections
4 did not during that period in any other way receive any
5 information that the voter still resides in the registered
6 election district.
7 (4) Commissions shall complete, not later than 90 days
8 before each primary, at least once per year the voter removal
9 programs under this section. This paragraph shall not be
10 construed to preclude any of the following:
11 (i) Cancellation of an elector's registration as
12 provided for under subsection (a)(1) or (2).
13 (ii) Correction of registration records in
14 accordance with this act.
15 (c) Identification of inactive voters.--A commission shall
16 mark an "I" on the registration card of each elector who has
17 been mailed a form under subsection (b)(1) and has failed to
18 respond, which shall be included with all other registration
19 cards for that polling site and located at the individual's
20 polling site on the day of the election.
21 (d) Cancellation of registration.--
22 (1) A commission shall not cancel the registration of an
23 elector on the ground that the elector has changed residence
24 unless any of the following apply:
25 (i) The elector confirms in writing that the elector
26 has changed residence to a location outside the county in
27 which the elector is registered.
28 (ii) The elector:
29 (A) has failed to respond to a notice described
30 in paragraph (2); and
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1 (B) has not voted nor appeared to vote and, if
2 necessary, corrected the commission's record of the
3 elector's address, in an election during the period
4 beginning on the date of the notice and ending on the
5 day after the date of the second general election for
6 Federal office that occurs after the date of the
7 notice.
8 (2) A notice, as required in paragraph (1)(ii), is
9 acceptable if it is a postage prepaid and preaddressed return
10 card, sent by forwardable mail, on which the elector may
11 state the elector's current address, if it contains a notice
12 as follows:
13 (i) The notice must state all of the following:
14 (A) If the elector did not change residence or
15 changed residence but still resides in the county,
16 the elector must return the card not later than 30
17 days prior to the next election. If the card is not
18 returned, affirmation or confirmation of the
19 elector's address may be required before the elector
20 is permitted to vote in an election during the period
21 beginning on the date of the notice and ending on the
22 day after the date of the second general election for
23 Federal office that occurs after the date of the
24 notice. If the elector does not vote in an election
25 during that period, the elector's registration shall
26 be canceled.
27 (B) If the elector has changed residence to a
28 place outside the county in which the elector is
29 registered, information shall be provided concerning
30 how the elector can register in the new county of
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1 residence.
2 (ii) The notice must state the date of the notice,
3 the date of the next election and the date of the second
4 general election for Federal office occurring after the
5 date of the notice.
6 (3) The commission shall correct registration records in
7 accordance with change of residence information obtained in
8 conformance with this subsection.
9 Section 908. Procedure for voting following failure to return
10 notification card.
11 (a) Same county.--
12 (1) An elector who has moved from an address in the
13 county covered by a polling place to an address covered by
14 the same polling place shall, notwithstanding failure to
15 notify the commission prior to the date of an election, be
16 permitted to vote in that polling place upon written
17 affirmation by the elector of the change of address before an
18 election official at that polling place.
19 (2) An elector who has moved from one address in the
20 county to another address in the same county and who has
21 failed to notify the commission of the change of address
22 prior to the date of an election shall be permitted to
23 correct the voting records and vote at the elector's former
24 polling place upon written affirmation by the elector of the
25 new address before an election official at the former polling
26 place.
27 (b) Different county.--An elector who has moved from one
28 county to another county and who has failed to notify the
29 commission of the change of address prior to the date of the
30 election shall be permitted to correct the voting records and
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1 vote at the elector's former polling place upon written
2 affirmation by the elector of the new address before an election
3 official at the former polling place.
4 Section 909. Incorrect records.
5 If registration records incorrectly indicate that an elector
6 has moved from an address in the area covered by a polling
7 place, the elector shall, upon written affirmation before an
8 election official at that polling place, be permitted to vote at
9 that polling place.
10 Section 910. Files.
11 (a) Cancellation.--If the registration of an elector is
12 canceled, the registration commission shall mark on the
13 registration cards of the elector the word "canceled" and the
14 date and cause of cancellation. The commission shall remove the
15 card from the general register and the district register.
16 Removed cards shall be retained for five years.
17 (b) Nonessential records.--Records which are not essential
18 for maintaining the current status of a qualified elector may be
19 destroyed by the commission three years from the date the
20 commission marks them as nonessential.
21 Section 911. Errors in cancellation or suspension.
22 (a) Petition.--If the registration of an elector has been
23 canceled or suspended through error, the elector may petition
24 the registration commission for reinstatement.
25 (b) Time.--The petition must be filed by the tenth day
26 preceding an election.
27 (c) Action.--
28 (1) The commission shall hold a hearing on the petition.
29 (2) If the commission finds that there was an error, the
30 commission shall reinstate the registration.
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1 CHAPTER 11
2 COMMISSION PROCEEDINGS
3 Section 1101. Subpoenas and witness fees.
4 (a) Authorization.--The commission may issue a subpoena.
5 (b) Form and effect.--A subpoena under subsection (a) shall
6 be in substantially the same form and have the same force and
7 effect as a subpoena issued by a court of common pleas. The
8 commission shall have the benefit of the process of the
9 appropriate court of common pleas if necessary to enforce a
10 subpoena.
11 (c) Benefit.--A subpoena may be issued as follows:
12 (1) Upon the motion of the commission.
13 (2) Upon motion of a party before the commission. A
14 subpoena under this paragraph is only valid for one day. It
15 must be renewed by 4 p.m. for the next day.
16 (d) Fees.--
17 (1) Witnesses subpoenaed under this section shall be
18 compensated under 42 Pa.C.S. § 5903 (relating to compensation
19 and expenses of witnesses).
20 (2) Witnesses subpoenaed under subsection (c)(1) shall
21 be paid by commission funds.
22 (3) Witnesses subpoenaed under subsection (c)(2) shall
23 be paid by the party. No subpoena shall be issued under
24 subsection (c)(2) until the party pays the commission a fee
25 of 25¢ for issuing the same and deposits with the commission
26 one day's witness fees for each witness to be summoned.
27 (4) As soon as convenient after a hearing is concluded
28 or continued, the commission shall pay witnesses under
29 paragraphs (2) and (3). Unearned fees deposited under
30 paragraph (3) shall be refunded to the depositing party.
19950H1212B1366 - 72 -
1 (5) If the petition of the elector is sustained, the
2 commission shall pay to the elector all costs paid on the
3 elector's behalf.
4 (e) Commission funds.--The commission shall pay over to the
5 county treasurer fees received under subsection (d)(3). The
6 accounts of the commission respecting payments under subsection
7 (d)(2) shall be subject to audit by the county controller.
8 CHAPTER 13
9 JUDICIAL REVIEW
10 Section 1301. Court of common pleas.
11 (a) Standing.--The following have standing to appeal an
12 action of a registration commission to the appropriate court of
13 common pleas:
14 (1) An individual whose claim for registration has been
15 denied.
16 (2) An individual whose registration has been canceled
17 or suspended by the commission.
18 (3) A qualified elector of a municipality whose rights
19 are impaired by any general order made by the commission.
20 (b) Time.--An appeal under subsection (a) must be made by
21 the seventh day preceding an election.
22 (c) Grounds.--The appeal must request relief and set forth
23 the grounds for relief.
24 (d) Hearing.--Upon timely receipt of an appeal under this
25 section, the court shall conduct a hearing.
26 (e) Order.--If the court finds that an injustice has been
27 done, it shall reverse or modify the ruling of the commission
28 and issue appropriate injunctive relief.
29 (f) Costs.--
30 (1) Except as provided in paragraph (2), the court may
19950H1212B1366 - 73 -
1 award costs for the appeal to the prevailing party.
2 (2) Costs may not be assessed against a commission or a
3 county.
4 Section 1302. Commission duties.
5 In an appeal under section 1301, the registration commission
6 shall produce any petition, register or other record in its
7 custody relevant to the issue involved.
8 CHAPTER 15
9 PENALTIES
10 Section 1501. Lawful orders.
11 A person who intentionally disobeys a lawful order of a
12 registration commission or a commissioner commits a misdemeanor
13 of the third degree and shall, upon conviction, be sentenced to
14 pay a fine of not more than $2,500.
15 Section 1502. Registration.
16 (a) Improper.--A registrar, commissioner or clerk who
17 knowingly registers or permits the registration of an individual
18 not lawfully entitled to be registered commits a misdemeanor of
19 the first degree and shall, upon conviction, be sentenced to pay
20 a fine of not more than $10,000 or to imprisonment for not more
21 than five years, or both.
22 (b) Denial.--A registrar, commissioner or clerk who, without
23 reasonable cause, refuses to register an individual lawfully
24 entitled to be registered commits a misdemeanor of the first
25 degree and shall, upon conviction, be sentenced to pay a fine of
26 not more than $10,000 or to imprisonment for not more than five
27 years, or both.
28 Section 1503. Application.
29 (a) Prohibition.--An individual may not do any of the
30 following:
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1 (1) Apply for registration with knowledge or reason to
2 know that the individual is not entitled to registration.
3 (2) Apply for a change of residence with knowledge or
4 reason to know that the individual is not entitled to the
5 change.
6 (3) Declare as residence a place or address which the
7 individual knows is not the individual's legal residence.
8 (4) Intentionally impersonate another in an application
9 for registration.
10 (b) Penalty.--A person who violates subsection (a) commits a
11 misdemeanor of the first degree and shall, upon conviction, be
12 sentenced to pay a fine of not more than $10,000 or to
13 imprisonment for not more than five years, or both, and to
14 forfeit the right of suffrage for ten years.
15 Section 1504. Altering registration.
16 (a) Prohibition.--No registrar, commissioner, clerk or
17 assistant or commission employee may do any of the following:
18 (1) Intentionally insert or permit to be inserted an
19 entry in a registration card without a proper application
20 under this act or without requiring the proper evidence of
21 the right of the applicant to be registered.
22 (2) Intentionally materially alter a registration card
23 after the entries have been made. This paragraph does not
24 apply to an alteration pursuant to an order of a court of
25 common pleas or of the commission.
26 (b) Penalty.--A person who violates subsection (a) commits a
27 misdemeanor of the first degree and shall, upon conviction, be
28 sentenced to pay a fine of not more than $10,000 or to
29 imprisonment for not more than five years, or both.
30 Section 1505. Votes.
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1 (a) Prohibition.--An election officer may not do any of the
2 following:
3 (1) Knowingly refuse the vote of a registered and
4 qualified elector.
5 (2) Knowingly accept the vote of a person not registered
6 under this act. This paragraph does not apply to a person in
7 actual military service or a person having an order of court.
8 (3) Knowingly receive a vote from a person falsely
9 claiming to be a registered voter.
10 (b) Penalty.--A person who violates subsection (a) commits a
11 misdemeanor of the first degree and shall, upon conviction, be
12 sentenced to pay a fine of not more than $10,000 or to
13 imprisonment for not more than five years, or both.
14 Section 1506. Duties under act.
15 Any commissioner, registrar, clerk, inspector of
16 registration, commission officer, commission assistant,
17 commission employee, individual, partnership or corporation that
18 intentionally delays, neglects or refuses to perform a duty
19 imposed by this act 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 Section 1507. Official documents.
24 (a) Prohibition.--A person may not do any of the following:
25 (1) Intentionally insert or permit to be inserted a
26 material entry in any registration card, street list,
27 affidavit, petition, subpoena, certificate, report or other
28 record, authorized or required by this act to be made or
29 prepared for a purpose set forth in this act, which entry is
30 not in accordance with this act.
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1 (2) Intentionally materially alter or intentionally
2 destroy an entry which has been made in any registration
3 card, street list, affidavit, petition, subpoena,
4 certificate, report or other record, authorized or required
5 by this act to be made or prepared for a purpose set forth in
6 this act, which alteration or destruction is not in
7 accordance with this act.
8 (3) Remove a record from lawful custody with the intent
9 to prevent the record from being used, inspected or copied.
10 (b) Penalty.--A person who violates subsection (a) commits a
11 misdemeanor of the first degree and shall, upon conviction, be
12 sentenced to pay a fine of not more than $6,000 or to
13 imprisonment for not more than three years, or both.
14 Section 1508. Withholding information.
15 A person who intentionally refuses to furnish to a
16 commissioner or an inspector of registration information or
17 documents which the commissioner or inspector is authorized to
18 have under this act commits a misdemeanor of the second degree
19 and shall, upon conviction, be sentenced to pay a fine of not
20 more than $5,000 or to imprisonment for not more than two years,
21 or both.
22 Section 1509. Law enforcement assistance.
23 A law enforcement officer who, upon demand of any
24 commissioner or inspector of registration, fails to render
25 demanded assistance in the maintenance of peace and in the
26 making of arrests without warrant as provided in this act or who
27 intentionally hinders or attempts to hinder any commissioner or
28 inspector of registration in the performance of a duty commits a
29 misdemeanor of the second degree and shall, upon conviction, be
30 sentenced to pay a fine of not more than $5,000 or to
19950H1212B1366 - 77 -
1 imprisonment for not more than two years, or both.
2 Section 1510. Interference.
3 A person who intentionally interferes with any other person
4 in the performance of any act or duty authorized or imposed by
5 this act commits a misdemeanor of the second degree and shall,
6 upon conviction, be sentenced to pay a fine of not more than
7 $5,000 or to imprisonment for not more than two years, or both.
8 Section 1511. Preventing registration.
9 (a) Prohibition.--No person may do any of the following:
10 (1) Knowingly and intentionally prevent an individual
11 from being registered.
12 (2) By coercion, threats of bodily injury or
13 intimidation, intentionally prevent or attempt to prevent an
14 individual from being registered or from changing political
15 enrollment in accordance with the provisions of this act.
16 (3) Intentionally give or promise or offer to give money
17 or goods to an individual as an inducement for the individual
18 to enroll in a particular party or to change political
19 enrollment.
20 (4) Prevent a record from being used, inspected or
21 copied.
22 (b) Penalty.--A person who violates subsection (a) commits a
23 misdemeanor of the first degree and shall, upon conviction, be
24 sentenced to pay a fine of not more than $10,000 or to
25 imprisonment for not more than five years, or both.
26 Section 1512. Approval of registration.
27 (a) Prohibition.--A person may not do any of the following:
28 (1) Intentionally alter a party designation on a
29 registration card under section 528(c).
30 (2) Intentionally fail to make a transmission under
19950H1212B1366 - 78 -
1 section 528(d).
2 (b) Penalty.--A person who violates subsection (a) commits a
3 misdemeanor of the third degree and shall, upon conviction, be
4 sentenced to pay a fine of $2,500 or to imprisonment for not
5 more than one year, or both.
6 Section 1513. Crimes Code.
7 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
8 4903 (relating to false swearing) and 4904 (relating to unsworn
9 falsification to authorities) apply to violations of this act.
10 CHAPTER 17
11 ENFORCEMENT
12 Section 1701. Attorney General.
13 (a) Investigation.--The secretary shall investigate alleged
14 violations of sections 523 and 525 and report apparent
15 violations to the Attorney General.
16 (b) Prosecution.--Under section 205(a)(6) of the act of
17 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
18 Attorneys Act, the Attorney General shall have prosecutorial
19 jurisdiction over violations reported under subsection (a).
20 Section 1702. District attorneys.
21 (a) Investigation.--Except as provided in section 1701, each
22 commission shall investigate alleged violations of this act
23 within its county and report apparent violations to the district
24 attorney of the county.
25 (b) Prosecution.--Subject to section 205(a)(3) through (5)
26 of the act of October 15, 1980 (P.L.950, No.164), known as the
27 Commonwealth Attorneys Act, the district attorney shall have
28 prosecutorial jurisdiction over violations reported under
29 subsection (a).
30 CHAPTER 51
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1 MISCELLANEOUS PROVISIONS
2 Section 5101. Standardized forms.
3 (a) General rule.--Whenever possible, the secretary shall
4 prescribe by regulation standardized registration or application
5 forms which may be used, with prior approval by the secretary,
6 by political bodies, candidates and organized bodies of citizens
7 in compliance with both the provisions of this act and the act
8 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
9 Election Code.
10 (b) Prior approval.--The secretary shall develop a system
11 whereby political bodies, candidates and organized bodies of
12 citizens may receive prior approval of standardized forms
13 developed pursuant to subsection (a).
14 Section 5102. Application for absentee ballots.
15 (a) General rule.--Notwithstanding the provisions of this
16 act or the act of June 3, 1937 (P.L.1333, No.320), known as the
17 Pennsylvania Election Code, the following persons may make
18 application for an absentee ballot by sending a letter or other
19 signed document to the county board of elections in the county
20 in which the person's voting address is located:
21 (1) Any qualified elector who is unable to attend his
22 polling place on the day of any primary or election because
23 of illness or physical disability.
24 (2) Any qualified elector who expects to be absent from
25 this Commonwealth or the county of residence because duties,
26 occupation or business require him to be elsewhere the day of
27 any primary or election.
28 (3) A county employee who cannot vote due to duties
29 relating to the conduct of elections.
30 (4) A person who will not attend a polling place because
19950H1212B1366 - 80 -
1 of an observance of a religious holiday.
2 (b) Contents of letter or document.--The letter or document
3 under subsection (a) shall provide the same information as is
4 provided on forms prescribed by the secretary.
5 (c) Review and processing.--The letter or document shall be
6 subject to the same schedule as other applications for absentee
7 ballots and upon receipt by the county board of elections shall
8 be reviewed and processed in the same fashion as other
9 applications for absentee ballots.
10 (d) Application prepared by political party.--An absentee
11 ballot application form containing the same information as that
12 contained on the form prescribed by the secretary, which was
13 prepared or distributed by a political party and signed by a
14 qualified elector, shall be deemed for all purposes as valid,
15 and shall be reviewed and processed by the county board of
16 elections in the same manner as applications on forms prescribed
17 by the secretary and supplied by the county board of elections.
18 Section 5103. Appropriations.
19 (a) Department of State.--The sum of $500,000, or as much
20 thereof as may be necessary, is hereby appropriated to the
21 Department of State for the fiscal year July 1, 1995, to June
22 30, 1996, for expenses incurred to implement the requirements of
23 the National Voter Registration Act (Public Law 103-31, 42
24 U.S.C. Sec. 1973gg et seq.) The sum of $300,000 is hereby
25 appropriated for the completion of a study of the technological
26 needs and other aspects of the development and implementation of
27 a central registry.
28 (b) Department of Transportation.--The sum of $740,000, or
29 as much thereof as may be necessary, is hereby appropriated to
30 the Department of Transportation for the fiscal year July 1,
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1 1995, to June 30, 1996, for expenses incurred to integrate voter
2 registration with driver licensing to implement the requirements
3 of the National Voter Registration Act of 1993.
4 Section 5104. Repeals.
5 (a) Substantive provisions.--The following acts and parts of
6 acts are repealed:
7 Act of March 30, 1937 (P.L.115, No.40), known as The First
8 Class City Permanent Registration Act.
9 Act of April 29, 1937 (P.L.487, No.115), known as The
10 Permanent Registration Act for Cities of the Second Class,
11 Cities of the Second Class A, Cities of the Third Class,
12 Boroughs, Towns, and Townships.
13 (b) Appropriations.--The following acts and parts of acts
14 are repealed:
15 The appropriation for costs to implement National Voter
16 Registration Requirements in section 221 of the act of June 16,
17 1994 (P.L. , No.6A), known as the General Appropriation Act of
18 1994.
19 The appropriation for costs to integrate voter registration
20 with driver licensing in section 222 of the General
21 Appropriation Act of 1994.
22 (c) General repeal.--All other acts and parts of acts are
23 repealed insofar as they are inconsistent with this act.
24 Section 5105. Severability.
25 The provisions of this act are severable. If any provision of
26 this act or its application to any person or circumstance is
27 held invalid, the invalidity shall not affect other provisions
28 or applications of this act which can be given effect without
29 the invalid provision or application.
30 Section 5106. Applicability.
19950H1212B1366 - 82 -
1 (a) Registration application.--Voter registration
2 applications prepared prior to the effective date of this act
3 may be used to apply for registration under this act.
4 (b) Notice.--In the event that the five-year period for
5 notice to electors provided for under section 907(b)(3) has been
6 declared invalid or rejected by a court of competent
7 jurisdiction or by the United States Department of Justice,
8 after all appeals have been exhausted and upon certification to
9 the Secretary of the Commonwealth and publication in the
10 Pennsylvania Bulletin, notice shall be given in accordance with
11 section 907(b)(3) after a period of ten years. In the event that
12 a ten-year period has been certified to the Secretary of the
13 Commonwealth as invalid and upon publication in the Pennsylvania
14 Bulletin, notice shall be given in accordance with section
15 907(b)(3) after a period of 20 years.
16 Section 5107. Retroactivity.
17 Sections 5101 and 5102(b) shall apply retroactively to July
18 1, 1994.
19 Section 5108. Effective date.
20 This act shall take effect December 31, 1994.
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