PRIOR PRINTER'S NOS. 1366, 1605 PRINTER'S NO. 1652
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, CAPPABIANCA AND DeWEESE,
MARCH 16, 1995
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 24, 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. Unexpended balance; source of funds.
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 5103. Severability. <--
6 Section 5105 5104. Repeals. <--
7 Section 5106 5105. Applicability. <--
8 Section 5107 5106. Retroactivity. <--
9 Section 5108 5107. 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. When the secretary develops a registry,
12 it shall be developed in consultation with the county
13 commissions. The timetable for implementation of the registry
14 shall be 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, armed
17 forces recruitment centers, Offices of the Clerk of Orphan's
18 Court and all other offices under this act to the secretary
19 or the appropriate 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. Unexpended balance; source of funds.
8 (a) Unexpended balance.--Unexpended balances of
9 appropriations made by the county commissioners prior to the
10 effective date of this act for the purpose of carrying out the
11 act of March 30, 1937 (P.L.115, No.40), known as The First Class
12 City Permanent Registration Act, and the act of April 29, 1937
13 (P.L.487, No.115), known as The Permanent Registration Act for
14 Cities of the Second Class, Cities of the Second Class A, Cities
15 of the Third Class, Boroughs, Towns, and Townships, are
16 transferred to and made available for commissions under this
17 act.
18 (b) Source of funds.--A commission may accept and use in the
19 performance of its duties funds received from the Federal
20 Government, the Commonwealth or any other source.
21 Section 307. Open records and documents.
22 (a) Scope.--The following documents under this act are open
23 to public inspection except as otherwise provided in this
24 section:
25 (1) Records of a registration commission and of district
26 registers.
27 (2) Street lists.
28 (3) Official voter registration applications.
29 (4) Petitions and appeals.
30 (5) Witness lists.
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1 (6) Accounts and contracts.
2 (7) Reports.
3 (b) Exception.--The Statewide central registry is not an
4 open record or document under this section or any other act.
5 (c) Use.--Open material under subsection (a) may be
6 inspected during ordinary business hours subject to the
7 efficient operation of the commission. Public inspection shall
8 only be in the presence of a commissioner or authorized
9 commission employee and shall be subject to proper regulation
10 for safekeeping of the material and subject to this act. Upon
11 request, a photocopy of the record or computer-generated data
12 record shall be provided at cost. The material may not be used
13 for commercial or improper purposes.
14 CHAPTER 5
15 VOTER REGISTRATION
16 SUBCHAPTER A
17 QUALIFICATIONS
18 Section 501. Qualifications to register.
19 (a) Eligibility.--A qualified elector who will be at least
20 18 years of age on the day of the next election, who has been a
21 citizen of the United States for at least one month and who has
22 resided in this Commonwealth and the election district where the
23 qualified elector offers to vote for at least 30 days prior to
24 the next ensuing election shall be entitled to be registered as
25 provided in this chapter. If an individual is qualified to vote
26 in an election district prior to removal of residence, the
27 individual may, if a resident of this Commonwealth, vote in the
28 election district from which residence was removed within the 30
29 days preceding the election.
30 (b) Effect.--No individual shall be permitted to vote at any
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1 election unless the individual is registered under this
2 subsection, except as provided by law or by order of a court of
3 common pleas. No registered elector shall be required to
4 register again for any election while the elector continues to
5 reside at the same address.
6 Section 502. Residence of electors.
7 (a) General rule.--
8 (1) For the purpose of registration and voting, no
9 individual shall be deemed to have gained a residence by
10 reason of presence or lost a residence by reason of absence
11 in any of the following circumstances:
12 (i) Being employed in the service, either civil or
13 military, of this Commonwealth or of the United States.
14 (ii) Being engaged in the navigation of the waters
15 of this Commonwealth or of the United States or on the
16 high seas.
17 (iii) Being in an institution at public expense.
18 This subparagraph does not apply to a veteran who resides
19 in a home for disabled and indigent soldiers and sailors
20 maintained by the Commonwealth. Such a veteran may elect
21 to utilize that residence for registration and voting or
22 elect to vote as an absentee elector by the use of an
23 absentee ballot.
24 (2) Nothing in paragraph (1) shall preclude any elector
25 eligible under section 501 from establishing the district of
26 residence as the election district of residence pursuant to
27 subsection (b).
28 (3) Except as otherwise provided in this subsection, no
29 individual who is confined in a penal institution shall be
30 deemed a resident of the election district where the
19950H1212B1652 - 21 -
1 institution is located. The individual shall be deemed to
2 reside where the individual was last registered before being
3 confined in the penal institution; or, if there was no
4 registration prior to confinement, the individual shall be
5 deemed to reside at the last known address before
6 confinement.
7 (4) An individual who resides at an institution for the
8 mentally ill or the mentally retarded, if otherwise qualified
9 under section 501, shall be deemed, at the individual's
10 option, a resident in one of the following:
11 (i) The district where the institution is located.
12 (ii) The district where the individual was last
13 registered to vote before entering the institution. For
14 purposes of this subparagraph, if the individual was not
15 registered before entering the institution, the
16 individual shall be deemed to reside at the last known
17 address before entering the institution.
18 (b) Rules for determination.--The following apply:
19 (1) That the place shall be considered the residence of
20 an individual in which habitation is fixed and to which,
21 whenever the individual is absent, the individual has the
22 intention of returning.
23 (2) An individual shall not be considered to have lost
24 residence if the individual leaves home and goes into another
25 state or another election district for temporary purposes
26 only, with the intention of returning.
27 (3) An individual shall not be considered to have gained
28 a residence in an election district if the individual comes
29 into that district for temporary purposes only, without the
30 intention of making that election district a permanent place
19950H1212B1652 - 22 -
1 of abode.
2 (4) If an individual removes to another state with the
3 intention of making that state the permanent residence, the
4 individual shall be considered to have lost residence in this
5 Commonwealth.
6 (5) If an individual removes to another state with the
7 intention of remaining there an indefinite time and making
8 that state the place of residence, the individual shall be
9 considered to have lost residence in this Commonwealth,
10 notwithstanding an intention to return at some indefinite
11 future period.
12 (6) If an individual goes into another state and, while
13 there, votes in an election held by that state, the
14 individual shall be considered to have lost residence in this
15 Commonwealth.
16 (7) An individual employed in the service of the Federal
17 Government or of the Commonwealth and required thereby to be
18 absent from the municipality where the individual resided
19 when entering that employment, and the spouse of the
20 individual, may remain registered in the district where the
21 individual resided immediately prior to entering that
22 employment; and the individual and the spouse shall be
23 enrolled in the political party designated by the individual
24 or spouse without declaring a residence by street and number.
25 (i) An individual who registers under this paragraph
26 for Commonwealth employment must produce a certificate
27 from the head of the State agency, under the seal of
28 office, setting forth that the individual or the
29 individual's spouse is actually employed in the service
30 of the Commonwealth and setting forth the nature of the
19950H1212B1652 - 23 -
1 employment and the time when the employee first entered
2 the employment. The commission shall retain certificates
3 under this subparagraph.
4 (ii) The commission shall note on the registration
5 card of each individual registered under this paragraph
6 the fact of Federal or State employment.
7 (iii) At least once every two years the commission
8 shall verify the employment of the individuals registered
9 under this paragraph at the proper Federal or State
10 office. If an individual is found to be no longer a
11 Federal or State employee, the individual's registration
12 shall be canceled under Chapter 9.
13 SUBCHAPTER B
14 PROCEDURE
15 Section 521. Methods of voter registration.
16 An individual qualified to register to vote under section
17 501(a) may apply to register as follows:
18 (1) In person under section 522.
19 (2) In conjunction with an application for a motor
20 vehicle driver's license under section 523.
21 (3) By mail application under section 524.
22 (4) In conjunction with certain government agency
23 services under section 525.
24 Section 522. In-person voter registration.
25 (a) General rule.--Applications may be submitted to register
26 to vote or change party enrollment or name or address on current
27 registration record in person before the registration commission
28 or a commissioner, a registrar or a clerk at the office of the
29 commission or at a place designated by the commission. The
30 applicant shall be advised that any intentional false statement
19950H1212B1652 - 24 -
1 on the application constitutes perjury and will be punishable as
2 such. The applicant shall provide the information required on
3 the registration application and sign the registration
4 declaration. The commission shall prepare and provide voter
5 registration applications for the purpose of registering
6 qualified electors in accordance with this section.
7 Notwithstanding any other provision of this act, the commission
8 may use a mail registration application for in-person
9 registration.
10 (b) Notice.--The commission shall, within a reasonable time,
11 publicly announce the address of each place of registration, the
12 address of each office of the commission established for the
13 registration of electors other than its main office and the days
14 and hours when the place or office is open for the registration
15 of electors. The announcement shall be made by posting notice at
16 the place or office and at the commission's main office and by
17 other means as the commission deems advisable.
18 (c) Polls.--The election board of each county shall cause
19 any polling place to be open, in proper order for use, as a
20 place of registration, on each day when the polling place is
21 desired by the commission or required by the provisions of this
22 act for use as a place of registration. The appropriating
23 authority of the county shall provide for the payment of rentals
24 for such polling places and other places of registration.
25 (d) Schools.--The board of public education or the board of
26 school directors shall furnish suitable space in any public
27 school building under its jurisdiction or control and shall
28 cause the space to be open and in proper order for use as a
29 place of registration on each day when the space is desired by
30 the commission for use as a place of registration in accordance
19950H1212B1652 - 25 -
1 with the provisions of this act. Use under this subsection may
2 not interfere with school instruction.
3 (e) Municipal buildings.--The proper authority in the county
4 or municipality shall furnish suitable space in a building under
5 its jurisdiction or control and shall cause the space to be open
6 and in proper order for use as a place of registration on each
7 day when the space is desired by the commission for use as a
8 place of registration. Use under this subsection may not
9 interfere with the use for which the space is primarily
10 designed.
11 Section 523. Application with driver's license application.
12 (a) General rule.--
13 (1) The Department of Transportation shall provide for
14 simultaneous application for voter registration in
15 conjunction with the process under 75 Pa.C.S. § 1510
16 (relating to issuance and content of driver's license). An
17 application under this subsection shall serve as an
18 application to register to vote unless the applicant fails to
19 sign the voter registration application. The secretary has
20 the primary responsibility for implementing and enforcing the
21 driver's license voter registration system created under this
22 section. The secretary, in consultation with the Secretary of
23 Transportation, may promulgate regulations for implementing
24 this section.
25 (2) An application for voter registration submitted to
26 the Department of Transportation under this subsection shall
27 be considered as updating any previous voter registration
28 information by the applicant.
29 (3) Any change of address submitted under 75 Pa.C.S. §
30 1515 (relating to notice of change of name or address) shall
19950H1212B1652 - 26 -
1 serve as notification of change of address for voter
2 registration for the registrant involved unless the
3 registrant indicates that the change of address is not for
4 voter registration purposes.
5 (b) Process.--
6 (1) The Department of Transportation shall provide for
7 an application for voter registration as part of a driver's
8 license application.
9 (2) The format of the driver's license/voter
10 registration application shall be determined and prescribed
11 by the secretary and the Secretary of Transportation.
12 (3) The voter registration application portion of the
13 application shall contain all the requirements of an official
14 voter registration application specified in section 527. The
15 voter registration portion of the application:
16 (i) may not require any information that duplicates
17 information required in the driver's license portion of
18 the form, other than a second signature; and
19 (ii) may require only the minimum amount of
20 information necessary to prevent duplicate voter
21 registration, to enable the registration commission to
22 assess the eligibility of the applicant and to administer
23 voter registration and other parts of the election
24 process.
25 (c) Transmission.--
26 (1) The Department of Transportation shall forward
27 completed applications or contents of the completed voter
28 registration applications in machine-readable format to the
29 department.
30 (2) The department shall transmit the material to the
19950H1212B1652 - 27 -
1 appropriate commission within ten days after the date of its
2 receipt by the Department of Transportation. If a voter
3 registration application is received by the Department of
4 Transportation within five days before the last day to
5 register before an election, the application shall be
6 transmitted to the appropriate commission not later than five
7 days after the date of its receipt by the Department of
8 Transportation.
9 (3) Upon receipt of the completed voter registration
10 information from the department, the commission shall make a
11 record of the date of the receipt of the application and
12 process the application. No applicant shall be deemed
13 eligible to vote until the commission has received and
14 approved the application.
15 (4) Changes of address shall comply with the following:
16 (i) The Department of Transportation shall notify
17 the secretary of changes of address received under
18 subsection (a)(3). The secretary shall notify the
19 commission of the county of the registrant's prior
20 residence. Except as provided in subparagraph (ii), if
21 the registrant has moved outside of the county, the
22 commission shall forward the registrant's registration
23 card to the commission of the registrant's new county of
24 residence. Except as provided in subparagraph (ii), if
25 the registrant has moved to an address within the
26 commission's jurisdiction, the commission shall update
27 the registration record of the registrant.
28 (ii) In the case of changes of address received by
29 the Department of Transportation which do not contain a
30 signature of the registrant, the commission receiving the
19950H1212B1652 - 28 -
1 change of address notification shall mail a notice to the
2 registrant at the new residence address requesting
3 verification of the address change. The verification
4 notice shall be in substantially the following form:
5 Date................
6 Office of the Registration Commission
7 .......... County, Pennsylvania
8 ........ (Address and Telephone No. of County)
9 We have been notified by the Department of Transportation
10 that you recently moved from ................. (old
11 residence address) to ............... (new residence
12 address) and that this change of address is to serve as a
13 change of address for voter registration purposes. Unless
14 you notify this office within ten days from the date of
15 this notice that this information is not correct, your
16 voter registration will be transferred to ...........
17 County. You may notify this office by calling the
18 telephone number appearing on this form or by mailing
19 this notice to this office. You need not notify this
20 office if this information is correct.
21 ............................
22 Chief Clerk
23 If the address change is within the commission's
24 jurisdiction the county shall notify the registrant what
25 precinct the new address is in using the following form:
26 Date...............
27 Office of the Registration Commission
28 ............ County, Pennsylvania
29 .......... (Address and Telephone No. of County)
30 We have been notified by the Department of Transportation
19950H1212B1652 - 29 -
1 that you recently moved from ................. (old
2 residence address) to (new residence address) and that
3 this change of address is to serve as a change of address
4 for voter registration purposes. Unless you notify this
5 office within ten days from the date of this notice that
6 this information is not correct, your voter registration
7 will be transferred to ................ (new precinct) in
8 this county. You may notify this office by calling the
9 telephone number appearing on this form or by mailing
10 this notice to this office. You need not notify this
11 office if this information is correct.
12 ............................
13 Chief Clerk
14 Such notices must be sent by first class nonforwardable
15 mail, return postage guaranteed, and must be in a form
16 approved by the secretary and designed in such a manner
17 to allow the registrant to indicate that the address
18 change is incorrect, the reason why such discrepancy
19 exists and for return to the county commission. Such
20 notice must be signed by the registrant and dated.
21 (iii) If the registrant does not return the notice
22 under subparagraph (ii) within the ten-day period, the
23 commission shall process the change of address according
24 to subparagraph (i). If the registrant notifies the
25 commission that the information is incorrect and the
26 commission is satisfied with the registrant's explanation
27 of the discrepancy, the address of the registrant's
28 registration shall remain unchanged. If the verification
29 notification is returned by the post office, the
30 commission shall direct a confirmation notice to the
19950H1212B1652 - 30 -
1 registrant's address of former residence in accordance
2 with section 907(d)(2).
3 (d) Prohibition.--An individual who is not a qualified
4 elector is ineligible to register to vote under this section.
5 (e) Effect.--Failure to properly complete a voter
6 registration application shall not affect the validity of an
7 application for a driver's license, a renewal application or an
8 identification card application.
9 (f) Use of information.--No information regarding a
10 declination to register to vote in connection with an
11 application made under this section may be used for any purpose
12 other than voter registration.
13 (g) Staff.--Agents and employees working on behalf of the
14 Department of Transportation assisting in the completion of
15 voter registration applications shall conduct themselves in a
16 manner consistent with the following principles:
17 (1) They shall not seek to influence an applicant's
18 political preference or party registration or display
19 political preference or party allegiance.
20 (2) They shall not make a statement to an applicant or
21 take an action the purpose or effect of which is to
22 discourage the applicant from registering to vote.
23 (3) Applicants wishing to register to vote under this
24 section shall be given the same degree of assistance with the
25 voter registration application as with all other Department
26 of Transportation forms.
27 Agency employees who violate this subsection shall be removed
28 from employment, provided that the agency at its discretion may
29 impose a penalty of suspension without pay for at least 30 days,
30 but not more than 120 days, if it finds that the violation does
19950H1212B1652 - 31 -
1 not warrant termination.
2 (h) Reimbursement.--The department shall reimburse the
3 Department of Transportation costs incurred in operating the
4 voter registration program, as determined in a memorandum of
5 understanding between the Department of Transportation and the
6 department.
7 Section 524. Application by mail.
8 (a) General rule.--An application to register to vote or to
9 change party enrollment or name or address on a current
10 registration may be submitted by voter registration mail
11 application in the manner set forth in this section. An
12 application may be submitted by mail or by representative to the
13 registration commission on an official mail registration
14 application, the form of which shall be determined and
15 prescribed by the secretary or the Federal Election Commission
16 pursuant to the National Voter Registration Act (Public Law 103-
17 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
18 information required on the registration application and sign
19 the registration declaration.
20 (b) Time.--Registration under this section may be made at
21 any time. If a registration application is received by a
22 commission beyond the deadline for registration provided in
23 section 527, the application shall be retained by the commission
24 until the beginning of the next period during which registration
25 can be made.
26 (c) Military electors.--
27 (1) A military elector may apply at any time for
28 registration on an official registration application or any
29 form prescribed by the Federal Government for such purpose.
30 (2) The status of a military elector to register under
19950H1212B1652 - 32 -
1 this section with respect to residence shall remain as the
2 same home residence status from which the elector is
3 qualified to register. If, at the time of leaving that home
4 address, the elector had not resided in this Commonwealth or
5 in a particular election district for a sufficient time to
6 have been entitled to be registered but, by continued
7 residence, would have become entitled to be registered, the
8 elector shall be entitled to be registered at the time the
9 elector would have been entitled to register had the elector
10 not left that home address but continued to reside there.
11 (3) The commission is authorized to consider a request
12 for an absentee ballot as a request for an official
13 registration application and to forward to the requester all
14 of the following:
15 (i) An absentee ballot and balloting material.
16 (ii) An official registration application.
17 (4) The military elector must complete and file these
18 documents in accordance with the applicable provisions of the
19 act of June 3, 1937 (P.L.1333, No.320), known as the
20 Pennsylvania Election Code.
21 Section 525. Government agencies.
22 (a) General rule.--The secretary shall administer a system
23 whereby all offices in this Commonwealth that provide public
24 assistance, each county clerk of Orphan's Court, including each
25 Marriage License Bureau, all offices in this Commonwealth that
26 provide State-funded programs primarily engaged in providing
27 services to persons with disabilities and all armed forces
28 recruitment centers do all of the following:
29 (1) Distribute voter registration applications with each
30 application; reapplication; and application for
19950H1212B1652 - 33 -
1 recertification, renewal or change of address.
2 (2) Assist applicants with completion of the
3 registration application unless assistance is refused.
4 (3) Accept completed registration applications.
5 (4) Transmit completed applications to the appropriate
6 registration commission.
7 (b) Forms.--An agency designated in subsection (a) shall
8 provide a form for office visits or, if the agency provides
9 services to persons with disabilities, for home visits which
10 contains all of the following:
11 (1) The question, "If you are not registered to vote
12 where you live now, would you like to apply to register to
13 vote today?"
14 (2) If the agency provides public assistance, the
15 statement, "Applying to register or declining to register to
16 vote will not affect the amount of assistance that you will
17 be provided by this agency."
18 (3) Boxes for the applicant to check to indicate whether
19 the applicant would like to register or decline to register
20 to vote. In close proximity to the boxes the following words
21 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
22 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
23 TO VOTE AT THIS TIME."
24 (4) The statement, "If you would like help in filling
25 out the voter registration application form, we will help
26 you. The decision whether to seek help is yours. You may fill
27 out the form in private."
28 (5) The statement, "If you believe that someone has
29 interfered with your right to register or to decline to
30 register to vote, your right to privacy in deciding whether
19950H1212B1652 - 34 -
1 to register or in applying to register to vote, or your right
2 to choose your own political party or other political
3 preference, you may file a complaint with the Secretary of
4 the Commonwealth, Pennsylvania Department of State,
5 Harrisburg, PA 17120." The secretary shall establish and
6 publish a toll-free telephone number for the purpose of
7 receiving complaints.
8 (c) Effect.--Failure to check either box under subsection
9 (b)(3) shall be considered a declination to register to vote.
10 (d) Staff.--Agency employees assisting in the completion of
11 voter registration applications shall conduct themselves in a
12 manner consistent with the following principles:
13 (1) They shall not seek to influence an applicant's
14 political preference or party registration or display
15 political preference or party allegiance.
16 (2) They shall not make any statement to an applicant or
17 take any action the purpose of or effect of which is to
18 discourage the applicant from registering to vote.
19 (3) They shall not make any statement to an applicant or
20 take any action the purpose or effect of which is to lead the
21 applicant to believe that a decision to register or not to
22 register has any bearing on the availability of services or
23 benefits.
24 Agency employees who violate this subsection shall be removed
25 from employment, provided that the agency at its discretion may
26 impose a penalty of suspension without pay for at least 30 days,
27 but not more than 120 days, if it finds that the violation does
28 not warrant termination.
29 (e) Encouraging registration.--An agency designated in
30 subsection (a) shall provide reasonable space for nonpartisan
19950H1212B1652 - 35 -
1 signs or posters encouraging voter registration. The signs and
2 posters shall be provided by the secretary.
3 (f) Transmission.--An agency designated in subsection (a)
4 shall forward all completed registration applications to the
5 appropriate registration commission within ten days after the
6 date of receipt. If a voter registration application is received
7 within five days before the last day to register before an
8 election, the application shall be transmitted to the
9 appropriate commission not later than five days after the date
10 of its receipt by the agency.
11 (g) Confidentiality.--The identity of the voter registration
12 agency through which any particular voter is registered in
13 accordance with this section shall not be disclosed to the
14 public.
15 (h) Use of information.--No information relating to a
16 declination to register to vote in connection with an
17 application made at an office described in this section may be
18 used for any purpose other than voter registration.
19 (i) Assistance.--Each agency shall provide to each applicant
20 who chooses to register to vote the same degree of assistance
21 with regard to the completion of the registration application
22 form as is provided by the office with regard to the completion
23 of its own forms, unless the applicant refuses such assistance.
24 (j) Regulation.--The secretary shall promulgate regulations
25 regarding the maintenance and destruction of forms used pursuant
26 to this section.
27 Section 526. Time.
28 (a) General rule.--Except as provided in subsection (b),
29 each registration commission, commissioners and registrars or
30 clerks appointed by the commission shall receive, during
19950H1212B1652 - 36 -
1 ordinary business hours and during additional hours as the
2 commission prescribes, at the office of the commission and at
3 additional places as the commission designates, applications
4 from individuals who appear and claim that they are entitled to
5 be registered as electors of a municipality.
6 (b) Deadlines.--In the administration of voter registration,
7 each commission shall ensure that any eligible applicant is
8 registered to vote in an election when the applicant has met any
9 of the following conditions:
10 (1) In the case of voter registration with a motor
11 vehicle driver's license application under section 523, if
12 the valid voter registration application is submitted to the
13 appropriate Department of Transportation office not later
14 than 30 days before the date of the election.
15 (2) In the case of registration by mail under section
16 524, if the valid voter registration mail application is
17 postmarked not later than the deadline to register for the
18 ensuing election or, in the case of an illegible or missing
19 postmark, it is received not later than five days after the
20 deadline to register for the ensuing election.
21 (3) In the case of voter registration at a voter
22 registration agency under section 525, if the valid voter
23 registration application is accepted at the voter
24 registration agency not later than 30 days before the date of
25 the election.
26 (4) In any other case, if the valid voter registration
27 application of the applicant is received by the appropriate
28 commission not later than 30 days before the election.
29 (c) Special rules.--
30 (1) In the case of a special election within a
19950H1212B1652 - 37 -
1 congressional, senatorial or representative district held on
2 a day other than the day of a primary, general or municipal
3 election, the registration application forms shall not be
4 processed in the wards and election districts comprising the
5 district for the 30 days prior to the special election for
6 such election.
7 (2) No applications shall be received as follows:
8 (i) On Sundays.
9 (ii) On holidays.
10 (iii) On the day of the election.
11 (iv) During the 30 days next preceding each
12 general, municipal and primary election, except as
13 provided in subsection (b).
14 Section 527. Preparation and distribution of applications.
15 (a) Form.--
16 (1) The secretary shall prescribe the form of official
17 voter registration application. The official voter
18 registration application shall provide space for the
19 following information about the applicant:
20 (i) Full name.
21 (ii) Address of residence. If the residence is a
22 portion only of the house, the location or number of the
23 room, apartment or floor which is occupied.
24 (iii) Mailing address if different than address of
25 residence.
26 (iv) Name and residence address on previous
27 registration and the year of that registration.
28 (v) Designation of political party, for the purpose
29 of voting at a primary election.
30 (vi) Date of birth.
19950H1212B1652 - 38 -
1 (vii) Telephone number. An application shall not be
2 rejected because of noncompliance with this subparagraph.
3 (viii) Race. An application shall not be rejected
4 because of noncompliance with this subparagraph.
5 (2) Data required on the voter registration application
6 shall not be more nor less than the minimum data elements
7 permissible for Federal voter registration.
8 (3) Any person who assists in the completion of the
9 registration application shall sign the application and
10 indicate the person's address. In the case of those
11 registering under sections 523 and 525, the person providing
12 assistance shall insert the person's initials or employee or
13 agent identification number on a separate or detachable
14 portion of the application or computer data file.
15 (4) A voter registration application shall be printed on
16 stock of good quality and shall be of suitable uniform size.
17 Nothing in this act shall prohibit the design and use of an
18 electronic voter registration application which includes the
19 applicant's digitized signature. The registration application
20 shall contain the following information; however, the
21 information may be provided on a separate form for voter
22 registration made under section 523 or 525:
23 (i) Notice that an individual currently registered
24 does not need to re-register unless the individual has
25 moved.
26 (ii) Instructions on how to fill out and submit the
27 application and notification of when the application must
28 be submitted to a voter registration office in order to
29 be registered for the ensuing election.
30 (iii) Notice that the registrant must be a citizen
19950H1212B1652 - 39 -
1 of the United States for at least one month and a
2 resident of this Commonwealth and the election district
3 for at least 30 days and must be at least 18 years of age
4 by the day of the next ensuing election. The notice
5 required in this subparagraph shall be in print identical
6 to the declaration under subsection (b).
7 (iv) Notice that political party enrollment is
8 mandatory to vote in a primary election of a political
9 party.
10 (v) Notice that the commission will mail by
11 nonforwardable mail to the applicant a voter's
12 identification card upon acceptance of the application
13 and that the registrant should contact the commission if
14 the identification card is not received within 14 days
15 from the date the application is sent to the registration
16 office.
17 (vi) Notice that registration is not complete until
18 the application is processed and accepted by the
19 commission.
20 (vii) A warning to the registrant that making a
21 false registration or furnishing false information is
22 perjury. The notice required in this subparagraph shall
23 be in print identical to the declaration under subsection
24 (b).
25 (viii) Instructions to Federal or State employees
26 who wish to retain voting residence in county of last
27 residence to so indicate on the application.
28 (ix) Notice that if an applicant declines to
29 register to vote, the fact that the applicant has
30 declined to register will remain confidential and will be
19950H1212B1652 - 40 -
1 used only for voter registration purposes. The notice
2 required in this subparagraph shall be in print identical
3 to the declaration under subsection (b).
4 (x) Notice that, if an applicant does register to
5 vote, the office at which the applicant submits a voter
6 registration application will remain confidential and
7 will be used for voter registration purposes only. The
8 notices required in this subparagraph shall be in print
9 identical to the declaration in subsection (b).
10 (5) The official voter registration application may be
11 designed in a manner to be inserted in the district register
12 or for transfer to a registration card to be placed in the
13 district register.
14 (6) In jurisdictions where there is a single language
15 minority, the secretary may print a bilingual application.
16 (7) In jurisdictions where a single language minority
17 exceeds 5% of the population, the secretary shall:
18 (i) print a bilingual application; and
19 (ii) conduct a public educational program among that
20 language group alerting both organizations and
21 individuals of that group of the availability of the
22 bilingual application and encouraging unregistered voters
23 to register.
24 (8) To implement section 524, the secretary shall print
25 an official voter registration mail application designed to
26 preserve the confidentiality of the information required to
27 be submitted. The application shall contain information
28 required by this section and shall include the name of each
29 county seat, its post office mailing address and zip code and
30 its telephone number. Voter registration mail applications
19950H1212B1652 - 41 -
1 shall contain information indicating whether the application
2 is a new registration, change of party enrollment, change of
3 address or change of name.
4 (9) Nothing in this act shall prohibit a private
5 organization or individual from printing blank voter
6 registration applications or shall prohibit the use of such
7 applications by any other individual. Provided that the form,
8 content and paper quality of such voter registration
9 application complies with department regulations for the
10 forms or has received prior approval from the secretary.
11 (b) Registration declaration.--
12 (1) The official voter registration application shall
13 contain a registration declaration. On the declaration, the
14 applicant shall state all of the following:
15 (i) The applicant has been a citizen of the United
16 States for at least one month.
17 (ii) On the day of the next ensuing election, the
18 applicant shall be at least 18 years of age.
19 (iii) On the day of the next ensuing election, the
20 applicant shall have resided in this Commonwealth and in
21 the election district for at least 30 days.
22 (iv) The applicant is legally qualified to vote.
23 (2) The applicant shall affirm all of the following:
24 (i) The information provided in the registration
25 declaration is true.
26 (ii) The applicant understands that:
27 (A) the registration declaration will be
28 accepted for all purposes as the equivalent of an
29 affidavit; and
30 (B) if the registration contains a material
19950H1212B1652 - 42 -
1 false statement, the applicant shall be subject to
2 penalties for perjury.
3 (3) The registration declaration shall contain the
4 printed name and signature of the applicant and the date of
5 signing. An applicant unable to sign the voter registration
6 application shall make a mark before a person of the
7 applicant's choice other than the applicant's employer or an
8 agent of the applicant's union. Such person shall insert the
9 person's name, address and telephone number. If such person
10 is an employee or agent of the Department of Transportation
11 or another agency, as provided under section 525, and is
12 assisting the applicant in an official capacity, such
13 employee or agent shall insert the initials and
14 identification number of the employee or agent. In the case
15 of applicants registering under section 523 or 525, the
16 person providing assistance shall insert initials or employee
17 or agent identification number on a separate or detachable
18 portion of the application or computer data file.
19 (4) The official registration application shall contain
20 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
21 notice shall advise the applicant that, if a person signs an
22 official registration application knowing a statement
23 declared in the application to be false, the person commits
24 perjury. The notice shall specify the penalty for perjury.
25 (c) Distribution.--
26 (1) The secretary shall supply official registration
27 applications to commissions.
28 (2) The secretary shall administer a program whereby
29 public libraries, public schools, State-related institutions
30 of higher education, offices operated by the Department of
19950H1212B1652 - 43 -
1 Revenue, offices operated by the Department of Aging, area
2 agencies on aging, all offices in the Commonwealth that
3 provide unemployment compensation, offices operated by the
4 Pennsylvania Game Commission or any of its authorized
5 license-issuing agents, offices operated by the Pennsylvania
6 Fish and Boat Commission or any of its issuing agents, and
7 offices that provide unemployment compensation do all of the
8 following:
9 (i) Ensure that official voter registration mail
10 applications are available on the premises and displayed
11 prominently in a conspicuous location during normal
12 business hours.
13 (ii) Provide an official voter registration mail
14 application to any individual requesting one.
15 (iii) Provide reasonable space for nonpartisan signs
16 or posters indicating the availability of official voter
17 registration mail applications on the premises.
18 (3) The secretary may provide technical assistance to
19 commissions upon request.
20 (4) The secretary shall print and distribute mail
21 registration applications which are not postage paid and
22 which shall not be specific to any county registration
23 office. Along with the distribution of such applications, the
24 secretary shall also include instructions to inform the
25 applicant where the application is to be sent. Such an
26 application shall contain a notice that an application is
27 available from the commission.
28 (5) The secretary and commissions shall supply
29 applications to all of the following:
30 (i) Persons and organizations who request
19950H1212B1652 - 44 -
1 applications.
2 (ii) Federal, State and political subdivision
3 offices.
4 (iii) Political parties and political bodies.
5 (iv) Candidates.
6 (d) Staff.--Agency employees assisting in the distribution
7 of voter registration applications under subsection (c) shall
8 conduct themselves in a manner consistent with the following
9 principles:
10 (1) They shall not seek to influence an applicant's
11 political preference or party registration or display
12 political preference or party allegiance.
13 (2) They shall not make any statement to an applicant or
14 take any action the purpose of or effect of which is to
15 discourage the applicant from registering to vote.
16 (3) They shall not make any statement to an applicant or
17 take any action the purpose or effect of which is to lead the
18 applicant to believe that a decision to register or not to
19 register has any bearing on the availability of services or
20 benefits.
21 Agency employees who violate this subsection shall be removed
22 from employment, provided that the agency at its discretion may
23 impose a penalty of suspension without pay for at least 30 days,
24 but not more than 120 days, if it finds that the violation does
25 not warrant termination.
26 Section 528. Approval of registration applications.
27 (a) Examination.--
28 (1) Official registration applications submitted to a
29 registration commission shall be examined by the commissioner
30 or a clerk or registrar upon receipt.
19950H1212B1652 - 45 -
1 (2) If the official voter registration application
2 submission is in person, the application shall be attested
3 and dated by the commissioner, clerk or registrar.
4 (3) Upon receipt of any other voter registration
5 application, the commission shall make an entry of the date
6 received on the application. If the applicant does not reside
7 within the commission's county, but resides elsewhere in this
8 Commonwealth, the commission shall forward the application
9 card to the proper commission and make a record of the
10 forwarding.
11 (b) Decision.--
12 (1) If the commission finds the official registration
13 application not properly completed, the application shall be
14 rejected. The commission should make reasonable efforts to
15 complete the registration before rejecting it for omissions
16 and inconsistencies. If the commission rejects an application
17 under this paragraph, it shall indicate "REJECTED" on the
18 application and state there the reason for rejection and
19 notify the applicant by first class nonforwardable mail,
20 return postage guaranteed.
21 (2) If the official registration application contains
22 the required information indicating that the applicant is
23 legally qualified to register as stated in the application,
24 the commission shall mail to the applicant a voter's
25 identification card in accordance with subsection (d)(1).
26 (3) For an application for a transfer of registration or
27 a change in address or name, if the application contains the
28 required information and the applicant is legally qualified
29 to transfer registration or change name or address as stated
30 in the application, the commission shall make the transfer or
19950H1212B1652 - 46 -
1 change. If the commission suspects that the applicant is not
2 entitled to transfer registration or to change name or
3 address, the commission may investigate. If the commission
4 finds that the applicant is not entitled to the transfer or
5 change, the application shall be rejected. The applicant
6 shall be notified of the rejection and the reason for it.
7 Rejection shall be made no later than ten days before the
8 election succeeding the filing of the application.
9 (c) Result.--If an application is designed to serve as a
10 registration card, the accepted application of an elector may
11 serve as the elector's official registration card, if it was so
12 designed, and shall be filed in the office of the commission in
13 accordance with Chapter 7. If the application is not designed to
14 serve as a registration card, the information contained on the
15 application, including the elector's signature, shall be
16 transferred to the registration card. If a commission utilizes a
17 signature digitization list, it shall transfer all information
18 contained on the application, including the signature, to the
19 registry or, until the registry is established, to a computer
20 file. The right of an individual to be registered shall not be
21 subject to challenge for any reason other than failure to have
22 furnished the commission a properly completed registration
23 application. Applicants for registration shall be challenged
24 under section 529.
25 (d) Disposition.--
26 (1) When the registration of an elector has been finally
27 processed under subsection (b)(2), the commission shall
28 transmit to the applicant by first-class nonforwardable mail
29 a wallet-sized voter's identification card, which shall serve
30 as notice to the applicant of the disposition of the
19950H1212B1652 - 47 -
1 application. The card shall contain all of the following:
2 (i) Name and address of the elector.
3 (ii) Name of municipality.
4 (iii) Identification of elector's ward and district.
5 (iv) Effective date of registration.
6 (v) Designation of party enrollment and date of
7 enrollment.
8 (vi) A space for the elector's signature or mark.
9 (vii) A statement that the card relates only to the
10 time of issuance of the card and is not of itself
11 evidence or proof of the qualifications of the elector to
12 vote at an election or proof of identification for
13 purposes of applying for or receiving general assistance
14 and that it is not necessary to present the card when
15 voting. The statements required by this subparagraph
16 shall be placed on the reverse side of the card from
17 where all of the other information required by this
18 paragraph is placed.
19 (2) The carrier envelope in which the identification
20 card is enclosed shall contain on the outside a request to
21 the postmaster to return it within five days if it cannot be
22 delivered to the addressee at the address given.
23 (3) No registration application shall be deemed to be
24 accepted until ten days after the voter's identification card
25 has been mailed. Upon return by the post office of an
26 identification card under paragraph (2) which the post office
27 is unable to deliver at the given address, the commission
28 shall investigate. If the commission finds that the applicant
29 is not qualified to register from such address, the
30 commission shall reject the application of the applicant and
19950H1212B1652 - 48 -
1 shall notify the applicant by first class forwardable mail of
2 this action.
3 (4) If the applicant discloses that the elector's last
4 residence address upon registration was a location within
5 another county, the commission shall direct a cancellation
6 notice to the commission of that county. This cancellation
7 notice shall be in a form approved by the secretary in
8 substantially the following form:
9 Date .........................
10 Office of the Registration Commission
11 ................ County, Pennsylvania
12 Cancellation of Previous Registration
13 Name .................................., whose date of
14 birth is ..........................., has now registered
15 as an elector in........................ County,
16 Pennsylvania. Our records indicate that this registrant
17 was previously registered in the County of
18 ............................., Pennsylvania, at the
19 following address ...............................
20 ............................
21 Chief Clerk
22 Section 529. Challenges.
23 (a) Standing.--An individual claiming the right to register
24 may be challenged by a commissioner, registrar or clerk or by a
25 qualified elector of the municipality.
26 (b) Complaint.--To make a challenge, a complainant must file
27 a challenge affidavit in a form prescribed by the secretary
28 containing the following information:
29 (1) Name of challenged applicant.
30 (2) Address of challenged applicant.
19950H1212B1652 - 49 -
1 (3) Name of complainant.
2 (4) Address of complainant.
3 (5) Date of affidavit.
4 (6) Reason for challenge.
5 (c) Response.--An individual who is challenged must respond
6 to the challenge affidavit as set forth in subsection (b) in a
7 written statement sworn or affirmed by the individual. The
8 challenged applicant must produce such other evidence as may be
9 required to satisfy the registrar or commissioner as to the
10 applicant's qualifications as an elector.
11 (d) Resolution.--If the challenged applicant establishes, to
12 the satisfaction of the commission, the right to be registered
13 as required by this act, the challenged applicant shall be
14 registered.
15 Section 530. Appeals.
16 (a) Right.--An applicant whose application to be registered
17 has been denied may file with the registration commission a
18 petition to be registered, setting forth the grounds of the
19 petition under oath or affirmation. The petition must be filed
20 by the 15th day prior to an election.
21 (b) Hearing.--
22 (1) The commission shall fix a time for a public hearing
23 at its office not later than the tenth day prior to the
24 election.
25 (2) The commission shall give the person responsible for
26 the rejection 48 hours' notice of the hearing.
27 (3) At the hearing, a clerk, inspector of registration
28 or qualified elector of the county may offer evidence as to
29 why the petitioner should not be registered.
30 (4) The commission, if satisfied that the petitioner is
19950H1212B1652 - 50 -
1 entitled to be registered, shall direct registration.
2 CHAPTER 7
3 RECORDS
4 Section 701. General register.
5 (a) Original registration cards.--If a commission uses the
6 original registration cards for registered electors in the
7 county as the district register, the duplicate registration
8 cards or photocopies of the original registration cards shall be
9 placed in exact alphabetical order by last name of the
10 registrant, shall be indexed and shall be kept at the office of
11 the registration commission in a manner as to be properly
12 safeguarded. These cards constitute the general register of the
13 county. They may not be removed from the office of the
14 commission except upon order of a court of record. Nothing in
15 this act shall preclude the use of duplicate registration cards
16 from applications provided under the act of March 30, 1937
17 (P.L.115, No.40), known as The First Class City Permanent
18 Registration Act, or the act of April 29, 1937 (P.L.487,
19 No.115), known as The Permanent Registration Act for Cities of
20 the Second Class, Cities of the Second Class A, Cities of the
21 Third Class, Boroughs, Towns, and Townships.
22 (b) Digitized signature lists.--If a commission uses
23 digitized signature lists as the district register, the original
24 registration cards shall be placed in exact alphabetical order
25 by last name of the registrant, indexed and kept at the office
26 of the commission in a manner as to be properly safeguarded.
27 These original cards constitute the general register of the
28 county. They may not be removed from the office of the
29 commission except upon order of a court of record. The
30 commission shall safely retain all registration cards used in
19950H1212B1652 - 51 -
1 the registration of electors or in conducting an election. If a
2 commission has the capability to accept an electronic
3 application, the secretary may require the commission to produce
4 a computer-generated card to file in the general register. If
5 the commission finds a record for a registrant on the computer
6 data base which is not contained in the general register, it
7 shall replace the original card with a computer-generated
8 duplicate card upon written permission from the registrant or
9 upon order of a court of record.
10 (c) Duplicate files.--If the commission deems a duplicate
11 file of registration cards necessary for administrative
12 purposes, the commission may prepare a reproduction in
13 compliance with the following:
14 (1) The registration form shall be photographed,
15 microphotographed or reproduced in a manner approved for
16 permanent records by the secretary.
17 (2) The device used to reproduce the card is one which
18 accurately reproduces the original in all details.
19 (3) The photographs, microphotographs or other
20 reproductions are open to public inspection and provision is
21 made for preserving, examining and using them.
22 Section 702. District registers.
23 (a) Registration card file.--
24 (1) Except as provided in subsection (b) and in section
25 701(b), the original registration cards shall be filed by
26 election districts in exact alphabetical order by last name
27 of the registrant and shall be indexed.
28 (2) The cards constitute the district register.
29 (3) The commission shall provide binders, which are
30 capable of being locked, for filing and indexing the
19950H1212B1652 - 52 -
1 registration cards. The keys to the binders shall at all
2 times be retained by the commission.
3 (4) The district register shall be kept at the office of
4 the commission, except as provided in subsection (b), and
5 shall be open to public inspection, subject to reasonable
6 safeguards and regulations.
7 (b) Computer lists.--
8 (1) Prior to full implementation of the Statewide
9 central registry under section 301, instead of using
10 registration cards as the district register as provided in
11 subsection (a), a commission may use a computer list or
12 computer-generated cards containing the registered electors
13 arranged by election district, alphabetically by last name of
14 the registrant.
15 (2) After the full implementation of the Statewide
16 central registry under section 301, instead of using original
17 registration cards as the district register as provided in
18 subsection (a), a commission shall use a computer list or
19 computer-generated cards in a format as prescribed by the
20 secretary by regulation.
21 (3) The computer list or computer-generated cards must
22 be in a form prescribed by the secretary and must contain
23 necessary information that would otherwise be available on
24 the registration cards, including a legible digitized
25 signature of the registrant copied from the signature on the
26 registration card. The district election officials shall have
27 computer printouts at the polling places containing the
28 necessary information needed to verify the identity of the
29 elector. The digitized signature list shall be open to public
30 inspection, subject to reasonable safeguards, rules and
19950H1212B1652 - 53 -
1 regulations.
2 (4) A commission may, during systems conversion periods
3 or emergency conditions, provide for a district register
4 containing the original registration cards. The following
5 apply:
6 (i) The original registration cards shall be filed
7 by election district, in one of the following orders, as
8 determined by the commission:
9 (A) Exact alphabetical order by last name of
10 registrant.
11 (B) Order in which registrants' residences
12 appear upon the streets of the election district, in
13 exact alphabetical order by last name of registrant
14 for each residence.
15 (ii) The district register containing registration
16 cards shall be kept at the office of the commission and
17 shall be open for public inspection, subject to
18 reasonable safeguards and regulations and to the
19 provisions of this act.
20 (c) Currency.--It is the duty of the commission to compare
21 and correct the general register and district registers to
22 ensure their accuracy. By noon of the third day preceding an
23 election, the commission shall have the district register for
24 each election district and the registry accurately corrected to
25 date.
26 (d) Delivery.--The commission shall deliver, in the manner
27 required by law for delivery of election materials, the district
28 register to the election officers for use on election day.
29 (e) Form.--District registers shall be enclosed within a
30 case or container and shall be locked and sealed by the
19950H1212B1652 - 54 -
1 commission before delivery. The district register shall have
2 printed or written thereon the words "District Register of
3 Voters" and the district and ward, if any.
4 (f) Examination.--Immediately following each election, the
5 commission shall cause each district register to be examined.
6 The commission specifically shall compare the signature of each
7 elector on each voter's certificate with his signature in the
8 district register and shall report in writing to the district
9 attorney any evidence or indication of probable fraud,
10 impersonation or forgery which may appear to the commission by
11 reason of the comparison. In the case of any elector whom the
12 election officers shall have recorded as removed, deceased, or
13 challenged and prevented from voting, the commission shall
14 ascertain the facts and shall correct the general and district
15 registers in accordance with Chapter 9.
16 Section 703. Street lists.
17 (a) Preparation.--Commencing not later than the 15th day
18 prior to each election, the registration commission shall
19 prepare for each election district a list of the names and
20 addresses of all registered electors as of that date resident in
21 the district. The list may not include the digitized signature
22 of a registered voter. The list shall be arranged in one of the
23 following manners:
24 (1) By streets and house numbers.
25 (2) Alphabetically by last name of registrant.
26 (3) In a manner whereby the location of the elector's
27 residence can be identified.
28 (b) Copies.--The commission shall retain two copies of the
29 list under subsection (a) on file at its office. These copies
30 shall be available for public inspection during business hours,
19950H1212B1652 - 55 -
1 subject to reasonable safeguards and regulations.
2 (c) Distribution.--The commission shall distribute the list
3 under subsection (a) upon request as follows:
4 (1) To officials concerned with the conduct of
5 elections.
6 (2) To political parties and political bodies.
7 (3) To candidates.
8 (d) Organizations.--The commission may, for a reasonable fee
9 approved by the secretary, distribute the list under subsection
10 (a), to organized bodies of citizens.
11 Section 704. Public information lists.
12 (a) Establishment.--
13 (1) The registration commission may and, once a registry
14 is established, shall provide for computer inquiries
15 concerning individual registered voters. With respect to each
16 voter who is the subject of an inquiry, the information
17 provided shall contain the name, address, year of birth and
18 voting history. Upon request, the commission shall supply a
19 printed record for each such voter subject to the provisions
20 of this act. In addition, the commission may make available
21 for inspection a printed or computerized public information
22 list containing the name, address, year of birth and voting
23 history of each registered voter in the county.
24 (2) The list may also include information on voting
25 districts.
26 (3) The list may not contain the digitized signature of
27 the elector.
28 (b) Access.--
29 (1) The secretary may promulgate reasonable regulations
30 governing access to the list.
19950H1212B1652 - 56 -
1 (2) No individual inspecting the list may tamper with or
2 alter it.
3 (3) No individual who inspects the list or who acquires
4 names of registered voters from the list may use information
5 contained in the list for purposes unrelated to elections,
6 political activities or law enforcement. Before inspecting
7 the list or obtaining names of voters or other information
8 from the list, the individual must provide identification to
9 the public official having custody of the public information
10 list and must state in writing that any information obtained
11 from the list will not be used for purposes unrelated to
12 elections, political activities or law enforcement.
13 (c) Copies.--
14 (1) The commission shall provide paper copies of the
15 public information lists and may provide copies in some other
16 form to any voter registered in this Commonwealth within ten
17 days of receiving a written request accompanied by payment of
18 the cost of reproduction and postage. The cost of the copies
19 shall be determined by the office providing copies.
20 (2) An individual who inspects or acquires a copy of a
21 public information list may not use any information contained
22 in it for purposes unrelated to elections, political
23 activities or law enforcement.
24 Section 705. Retention of records.
25 (a) Computer lists.--Each commission shall preserve computer
26 lists used as district registers for five years.
27 (b) Records.--
28 (1) The department and each commission shall preserve
29 for two years and shall make available for public inspection
30 and, where available, photocopying at a reasonable cost, all
19950H1212B1652 - 57 -
1 records concerning the implementation of programs and
2 activities conducted for the purposes of ensuring the
3 accuracy and currency of official lists of eligible voters,
4 except to the extent that the records relate to a declination
5 to register to vote or to the identity of a voter
6 registration agency through which any particular voter is
7 registered.
8 (2) The records preserved under paragraph (1) shall
9 include lists of the names and addresses of all individuals
10 to whom notices described in section 901 are sent, and
11 information concerning whether or not the individual has
12 responded to the notice as of the date that inspection of the
13 record is made.
14 Section 706. Reports.
15 (a) Commission.--By March 1, the commission shall submit to
16 the secretary an annual report setting forth the number of
17 electors registered under sections 522, 523, 524 and 525. The
18 report shall specify the number of electors whose registration
19 has been canceled under Chapter 9 and any other information
20 required by the secretary.
21 (b) Secretary.--The secretary shall submit an annual report
22 to the General Assembly by June 30 assessing the impact of this
23 act on the administration of elections during the preceding year
24 and including recommendations for improvements to procedures,
25 forms and other matters affected by this act.
26 CHAPTER 9
27 CHANGES IN RECORDS
28 Section 901. Removal notices.
29 (a) Form.--
30 (1) The commission shall make removal notices available
19950H1212B1652 - 58 -
1 to electors who are registered in the county.
2 (2) The notice shall be printed upon cards suitable for
3 mailing, addressed to the office of the commission. The
4 notice shall provide the following information:
5 (i) The address of present residence, including
6 municipality.
7 (ii) The address of last registration, including
8 municipality.
9 (iii) Date of removal to present residence.
10 (iv) Signature.
11 (3) The notice shall contain a statement that the
12 elector may, by filling out properly and signing a removal
13 notice and returning it to the office of the commission,
14 secure the transfer of registration, effective as to
15 elections at least 30 days after the date of removal into the
16 new district.
17 (4) The notice shall contain a warning to the elector
18 that the notice will not be accepted as an application for
19 transfer of the elector's registration unless the signature
20 thereon can be identified by the commission as the elector's
21 signature as it appears on file with the commission.
22 (5) The notice shall contain a warning to the elector
23 that the notice must be received by the commission not later
24 than 30 days before the election. If mailed, the notice must
25 be postmarked not later than the deadline for registration
26 or, in the case of an illegible or missing postmark, received
27 within five days of the close of registration.
28 (b) Use.--An elector who removes residence from one place to
29 another within the same county must notify the commission by
30 filing a removal notice under subsection (a), or a signed
19950H1212B1652 - 59 -
1 request for renewal that contains the information required in
2 subsection (a), with the commission not later than the
3 registration deadline before the election. If mailed, the notice
4 or request must be postmarked not later than the deadline for
5 registration or, in the case of an illegible or missing
6 postmark, received within five days of the close of
7 registration. The following apply:
8 (1) An official registration application of an elector
9 who has registered by mail qualifies as a removal notice.
10 (2) An elector who removes residence from one place to
11 another within the same county and who has not yet filed a
12 removal notice with the commission shall be permitted to vote
13 at the election next following removal if, at the time of
14 signing voter's certificate, the elector files with the judge
15 of election a signed removal notice properly filled out.
16 Removal notices under this paragraph shall be returned to the
17 commission with the voting check list, and the commission
18 shall proceed to transfer the registration of the electors
19 under section 902.
20 Section 902. Transfer of registration.
21 (a) General rule.--Upon timely receipt of notification of
22 removal under section 901(b), the registration commission shall
23 proceed as follows:
24 (1) The signature on the notification document shall be
25 compared with the signature of the elector as it appears on
26 file with the commission.
27 (2) If the signature appears authentic, the commission
28 shall enter the change of residence on the registration card
29 of the elector in the general register and district register
30 and shall transfer the registration card of the elector from
19950H1212B1652 - 60 -
1 the district register of the election district of previous
2 residence to the district register of the election district
3 of new residence.
4 (3) If a request for transfer which is determined to be
5 authentic under paragraph (2) shows a removal within the
6 period of 30 days preceding an election, the commission,
7 after such election, shall enter the change of residence on
8 the registration card of the elector in the general register
9 and district register and shall transfer the registration
10 card of the elector from the district register of the
11 election district of previous residence. The commission shall
12 advise the elector promptly in writing of its action.
13 (b) Electors unable to write.--An elector who is unable to
14 sign the notification document may affix a mark to the
15 notification document. The mark must be affixed in the presence
16 of a witness, who must sign the notification document.
17 Section 903. Change of enrollment of political party.
18 By the deadline for registration, a registered voter who
19 desires to change the enrollment of political designation or
20 who, although registered, has not previously enrolled as a
21 member of a party may appear before a commissioner, registrar or
22 clerk or may submit an application by mail under section 524 and
23 state in a signed writing the political party in which the voter
24 desires to be enrolled. If the signature of the elector is
25 verified by comparison with the elector's signature as it
26 appears on file with the commission, the commissioner, registrar
27 or clerk shall make the change in the general register and
28 district register. If supported by other evidence of identity, a
29 mark may be made in lieu of a signature by an elector who is
30 unable to write. The mark must be made in the presence of a
19950H1212B1652 - 61 -
1 witness, who must sign the registration application.
2 Section 904. Physical disability.
3 (a) Eligibility.--If an elector is unable to see or mark the
4 ballot or operate the voting machine or to enter the voting
5 compartment or voting machine booth without assistance, the
6 following apply:
7 (1) The elector may, at least ten days prior to the next
8 election, personally make application to the commission or a
9 registrar or a clerk.
10 (2) The application must request the entry of the exact
11 nature of the disability on the elector's registration card.
12 (3) The commission shall make the entry as appropriate.
13 (4) If the disability is not entered on the registration
14 card, the elector may receive assistance if the elector
15 completes a declaration in the polling place under section
16 1218 of the act of June 3, 1937 (P.L.1333, No.320), known as
17 the Pennsylvania Election Code.
18 (b) Termination.--If the commission ascertains that an
19 elector who has declared need for assistance is no longer in
20 need of assistance, it shall cancel on the registration card the
21 entry relating to illiteracy or physical disability which
22 authorized assistance. The commission shall notify the elector
23 by mail of its action.
24 Section 905. Department of Health.
25 The registration commission shall cancel the registration of
26 a registered elector reported dead by the Department of Health.
27 The Department of Health shall, within 60 days of receiving
28 notice of the death of an individual 18 years of age or older,
29 send the name and address of residence of that individual to the
30 commission on a form prescribed by the department. An individual
19950H1212B1652 - 62 -
1 incorrectly reported deceased by the Department of Health may
2 appear in person before a commissioner, registrar clerk, at the
3 office of the commission, and prove identity. The commission,
4 upon such proof, shall correct its records.
5 Section 906. Residence monitoring.
6 (a) Municipalities.--Subject to the provisions of this act,
7 municipal officers and agencies and public utility corporations
8 furnishing electricity, gas, water or steam to householders in a
9 municipality shall report in writing to the registration
10 commission, upon the request of the commission and upon forms
11 supplied by the commission, all cases of discontinuance of
12 service to residences. The report shall include, if known, the
13 name of the person who contracted for service and the addresses
14 to which that person has removed.
15 (b) Real estate brokers and rental agents.--Subject to the
16 provisions of this act, real estate brokers and rental agents
17 shall report in writing to the commission, upon the request of
18 the commission, all cases of residence property managed by them
19 which have been vacated by the tenant. The report shall include,
20 if known, the name of the tenant and the address to which the
21 tenant has removed.
22 (c) Commission.--For each registered elector identified from
23 a report under subsection (a) or (b), the commission shall take
24 action under section 907.
25 Section 907. Removal of voters.
26 (a) Removal of elector's registration record.--Commissions
27 shall institute a program to protect the integrity of the
28 electoral process and to ensure the maintenance of accurate and
29 current voter registration records. The program shall be
30 uniform, nondiscriminatory and in compliance with the Voting
19950H1212B1652 - 63 -
1 Rights Act of 1965 (Public Law 89 110, 42 U.S.C. Sec. 1973, et
2 seq.) An elector's registration shall not be canceled except as
3 follows:
4 (1) At the request of the elector.
5 (2) Upon the death of the elector under section 905.
6 (3) Upon confirmation that the elector has moved to a
7 residence outside the county.
8 (4) Under a voter removal program as provided for under
9 subsection (b).
10 (b) Voter removal program.--
11 (1) The commission shall establish a program to identify
12 electors whose address may have changed by establishing one
13 of the following programs:
14 (i) National change of address. The secretary shall
15 establish by regulation a program whereby information
16 supplied by the United States Postal Service through its
17 licensees is used on a periodic basis, but not less than
18 once every calendar year to identify electors who may
19 have changed addresses. The information shall be
20 incorporated in the administration of the Statewide
21 central registry and shall be forwarded to the
22 commissions in a manner determined by the secretary by
23 regulation.
24 (A) If it appears from the information provided
25 through the United States Postal Service that an
26 elector has moved to a different residence address
27 within the same county as the elector is currently
28 registered, the commission shall change the
29 registration records to show the new address and
30 shall send the elector to the address recorded on the
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1 elector's registration a notice of the change of
2 address by forwardable mail and a postage prepaid
3 preaddressed return form by which the elector may
4 verify or correct the address information.
5 (B) If it appears from the information provided
6 through the United States Postal Service that an
7 elector has moved to a different residence address
8 outside the county, the commission shall use the
9 notice procedure described in clause (A).
10 (ii) Confirmation mailing:
11 (A) A commission may establish a program by
12 sending a direct, nonforwardable first class "return
13 if undeliverable - address correction requested"
14 mailing to all registered electors in the county.
15 (B) If this program is established, the
16 commission shall use the notice procedure described
17 in subparagraph (i)(A) for any elector whose mailing
18 is returned undeliverable.
19 (2) In conjunction with, and not as an alternative to, a
20 program established under paragraph (1), a canvass may be
21 used as follows:
22 (i) The registration commission may, by
23 commissioners or by inspectors of registration, verify
24 the registration in an election district by visiting the
25 building from which an elector is registered and other
26 buildings as the commission deems necessary.
27 (ii) The commission shall make a record of the name
28 and address of each registered elector who is found not
29 to reside at the registered address or who, for any other
30 reason, appears to be not qualified to vote in the
19950H1212B1652 - 65 -
1 registered election district.
2 (iii) The commission shall leave at the address of
3 each person referred to in subparagraph (ii) a notice
4 requiring him to communicate with the commission on or
5 before a date which the commission shall designate, and
6 which shall be not less than seven days and not more than
7 15 days from the date of the notice and in any case not
8 later than the 15th day preceding the election next
9 ensuing, and satisfy the commission of his qualifications
10 as an elector. The commission shall cause a confirmation
11 of each such notice to be sent by mail promptly to such
12 person at the address from which he is registered. The
13 envelope containing such information is to be plainly
14 marked that it is not to be forwarded. At the expiration
15 of the time specified in the notice, the commission shall
16 cancel the registration of such person who has not
17 communicated with the commission and proved his
18 qualifications as an elector.
19 (iv) To facilitate the canvass under this section,
20 the commission may, when necessary, appoint special
21 inspectors of registration, in number not exceeding
22 double the number of election districts being canvassed.
23 (v) Special inspectors must be qualified electors of
24 the county. They shall be appointed without reference to
25 residence in election districts or to political
26 affiliations or beliefs. The commission shall instruct
27 special inspectors in their duties. Special inspectors
28 have the powers conferred by this act upon inspectors of
29 registration.
30 (3) In conjunction with, and not as an alternative to, a
19950H1212B1652 - 66 -
1 program established under paragraph (1), the commission shall
2 send a notice pursuant to subsection (d) to any elector who
3 has not voted nor appeared to vote during the period
4 beginning five years before the date of the notice and ending
5 on the date of the notice and for whom the board of elections
6 did not during that period in any other way receive any
7 information that the voter still resides in the registered
8 election district.
9 (4) Commissions shall complete, not later than 90 days
10 before each primary, at least once per year the voter removal
11 programs under this section. This paragraph shall not be
12 construed to preclude any of the following:
13 (i) Cancellation of an elector's registration as
14 provided for under subsection (a)(1) or (2).
15 (ii) Correction of registration records in
16 accordance with this act.
17 (c) Identification of inactive voters.--A commission shall
18 mark an "I" on the registration card of each elector who has
19 been mailed a form under subsection (b)(1) or (3) and has failed
20 to respond, which shall be included with all other registration
21 cards for that polling site and located at the individual's
22 polling site on the day of the election.
23 (d) Cancellation of registration.--
24 (1) A commission shall not cancel the registration of an
25 elector on the ground that the elector has changed residence
26 unless any of the following apply:
27 (i) The elector confirms in writing that the elector
28 has changed residence to a location outside the county in
29 which the elector is registered.
30 (ii) The elector:
19950H1212B1652 - 67 -
1 (A) has failed to respond to a notice described
2 in paragraph (2); and
3 (B) has not voted nor appeared to vote and, if
4 necessary, corrected the commission's record of the
5 elector's address, in an election during the period
6 beginning on the date of the notice and ending on the
7 day after the date of the second general election for
8 Federal office that occurs after the date of the
9 notice.
10 (2) A notice, as required in paragraph (1)(ii), is
11 acceptable if it is a postage prepaid and preaddressed return
12 card, sent by forwardable mail, on which the elector may
13 state the elector's current address, if it contains a notice
14 as follows:
15 (i) The notice must state all of the following:
16 (A) If the elector did not change residence or
17 changed residence but still resides in the county,
18 the elector must return the card not later than 30
19 days prior to the next election. If the card is not
20 returned, affirmation or confirmation of the
21 elector's address may be required before the elector
22 is permitted to vote in an election during the period
23 beginning on the date of the notice and ending on the
24 day after the date of the second general election for
25 Federal office that occurs after the date of the
26 notice. If the elector does not vote in an election
27 during that period, the elector's registration shall
28 be canceled.
29 (B) If the elector has changed residence to a
30 place outside the county in which the elector is
19950H1212B1652 - 68 -
1 registered, information shall be provided concerning
2 how the elector can register in the new county of
3 residence.
4 (ii) The notice must state the date of the notice,
5 the date of the next election and the date of the second
6 general election for Federal office occurring after the
7 date of the notice.
8 (3) The commission shall correct registration records in
9 accordance with change of residence information obtained in
10 conformance with this subsection.
11 Section 908. Procedure for voting following failure to return
12 notification card.
13 (a) Same county.--
14 (1) An elector who has moved from an address in the
15 county covered by a polling place to an address covered by
16 the same polling place shall, notwithstanding failure to
17 notify the commission prior to the date of an election, be
18 permitted to vote in that polling place upon written
19 affirmation by the elector of the change of address before an
20 election official at that polling place.
21 (2) An elector who has moved from one address in the
22 county to another address in the same county and who has
23 failed to notify the commission of the change of address
24 prior to the date of an election shall be permitted to
25 correct the voting records and vote at the elector's former
26 polling place upon written affirmation by the elector of the
27 new address before an election official at the former polling
28 place.
29 (b) Different county.--An elector who has moved from one
30 county to another county and who has failed to notify the
19950H1212B1652 - 69 -
1 commission of the change of address prior to the date of the
2 election shall be permitted to correct the voting records and
3 vote at the elector's former polling place upon written
4 affirmation by the elector of the new address before an election
5 official at the former polling place.
6 Section 909. Incorrect records.
7 If registration records incorrectly indicate that an elector
8 has moved from an address in the area covered by a polling
9 place, the elector shall, upon written affirmation before an
10 election official at that polling place, be permitted to vote at
11 that polling place.
12 Section 910. Files.
13 (a) Cancellation.--If the registration of an elector is
14 canceled, the registration commission shall mark on the
15 registration cards of the elector the word "canceled" and the
16 date and cause of cancellation. The commission shall remove the
17 card from the general register and the district register.
18 Removed cards shall be retained for five years.
19 (b) Nonessential records.--Records which are not essential
20 for maintaining the current status of a qualified elector may be
21 destroyed by the commission three years from the date the
22 commission marks them as nonessential.
23 Section 911. Errors in cancellation or suspension.
24 (a) Petition.--If the registration of an elector has been
25 canceled or suspended through error, the elector may petition
26 the registration commission for reinstatement.
27 (b) Time.--The petition must be filed by the tenth day
28 preceding an election.
29 (c) Action.--
30 (1) The commission shall hold a hearing on the petition.
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1 (2) If the commission finds that there was an error, the
2 commission shall reinstate the registration.
3 CHAPTER 11
4 COMMISSION PROCEEDINGS
5 Section 1101. Subpoenas and witness fees.
6 (a) Authorization.--The commission may issue a subpoena.
7 (b) Form and effect.--A subpoena under subsection (a) shall
8 be in substantially the same form and have the same force and
9 effect as a subpoena issued by a court of common pleas. The
10 commission shall have the benefit of the process of the
11 appropriate court of common pleas if necessary to enforce a
12 subpoena.
13 (c) Benefit.--A subpoena may be issued as follows:
14 (1) Upon the motion of the commission.
15 (2) Upon motion of a party before the commission. A
16 subpoena under this paragraph is only valid for one day. It
17 must be renewed by 4 p.m. for the next day.
18 (d) Fees.--
19 (1) Witnesses subpoenaed under this section shall be
20 compensated under 42 Pa.C.S. § 5903 (relating to compensation
21 and expenses of witnesses).
22 (2) Witnesses subpoenaed under subsection (c)(1) shall
23 be paid by commission funds.
24 (3) Witnesses subpoenaed under subsection (c)(2) shall
25 be paid by the party. No subpoena shall be issued under
26 subsection (c)(2) until the party pays the commission a fee
27 of 25¢ for issuing the same and deposits with the commission
28 one day's witness fees for each witness to be summoned.
29 (4) As soon as convenient after a hearing is concluded
30 or continued, the commission shall pay witnesses under
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1 paragraphs (2) and (3). Unearned fees deposited under
2 paragraph (3) shall be refunded to the depositing party.
3 (5) If the petition of the elector is sustained, the
4 commission shall pay to the elector all costs paid on the
5 elector's behalf.
6 (e) Commission funds.--The commission shall pay over to the
7 county treasurer fees received under subsection (d)(3). The
8 accounts of the commission respecting payments under subsection
9 (d)(2) shall be subject to audit by the county controller.
10 CHAPTER 13
11 JUDICIAL REVIEW
12 Section 1301. Court of common pleas.
13 (a) Standing.--The following have standing to appeal an
14 action of a registration commission to the appropriate court of
15 common pleas:
16 (1) An individual whose claim for registration has been
17 denied.
18 (2) An individual whose registration has been canceled
19 or suspended by the commission.
20 (3) A qualified elector of a municipality whose rights
21 are impaired by any general order made by the commission.
22 (b) Time.--An appeal under subsection (a) must be made by
23 the seventh day preceding an election.
24 (c) Grounds.--The appeal must request relief and set forth
25 the grounds for relief.
26 (d) Hearing.--Upon timely receipt of an appeal under this
27 section, the court shall conduct a hearing.
28 (e) Order.--If the court finds that an injustice has been
29 done, it shall reverse or modify the ruling of the commission
30 and issue appropriate injunctive relief.
19950H1212B1652 - 72 -
1 (f) Costs.--
2 (1) Except as provided in paragraph (2), the court may
3 award costs for the appeal to the prevailing party.
4 (2) Costs may not be assessed against a commission or a
5 county.
6 Section 1302. Commission duties.
7 In an appeal under section 1301, the registration commission
8 shall produce any petition, register or other record in its
9 custody relevant to the issue involved.
10 CHAPTER 15
11 PENALTIES
12 Section 1501. Lawful orders.
13 A person who intentionally disobeys a lawful order of a
14 registration commission or a commissioner commits a misdemeanor
15 of the third degree and shall, upon conviction, be sentenced to
16 pay a fine of not more than $2,500.
17 Section 1502. Registration.
18 (a) Improper.--A registrar, commissioner or clerk who
19 knowingly registers or permits the registration of an individual
20 not lawfully entitled to be registered commits a misdemeanor of
21 the first degree and shall, upon conviction, be sentenced to pay
22 a fine of not more than $10,000 or to imprisonment for not more
23 than five years, or both.
24 (b) Denial.--A registrar, commissioner or clerk who, without
25 reasonable cause, refuses to register an individual lawfully
26 entitled to be registered commits a misdemeanor of the first
27 degree and shall, upon conviction, be sentenced to pay a fine of
28 not more than $10,000 or to imprisonment for not more than five
29 years, or both.
30 Section 1503. Application.
19950H1212B1652 - 73 -
1 (a) Prohibition.--An individual may not do any of the
2 following:
3 (1) Apply for registration with knowledge or reason to
4 know that the individual is not entitled to registration.
5 (2) Apply for a change of residence with knowledge or
6 reason to know that the individual is not entitled to the
7 change.
8 (3) Declare as residence a place or address which the
9 individual knows is not the individual's legal residence.
10 (4) Intentionally impersonate another in an application
11 for registration.
12 (b) Penalty.--A person who violates subsection (a) commits a
13 misdemeanor of the first degree and shall, upon conviction, be
14 sentenced to pay a fine of not more than $10,000 or to
15 imprisonment for not more than five years, or both, and to
16 forfeit the right of suffrage for ten years.
17 Section 1504. Altering registration.
18 (a) Prohibition.--No registrar, commissioner, clerk or
19 assistant or commission employee may do any of the following:
20 (1) Intentionally insert or permit to be inserted an
21 entry in a registration card without a proper application
22 under this act or without requiring the proper evidence of
23 the right of the applicant to be registered.
24 (2) Intentionally materially alter a registration card
25 after the entries have been made. This paragraph does not
26 apply to an alteration pursuant to an order of a court of
27 common pleas or of the commission.
28 (b) Penalty.--A person who violates subsection (a) commits a
29 misdemeanor of the first degree and shall, upon conviction, be
30 sentenced to pay a fine of not more than $10,000 or to
19950H1212B1652 - 74 -
1 imprisonment for not more than five years, or both.
2 Section 1505. Votes.
3 (a) Prohibition.--An election officer may not do any of the
4 following:
5 (1) Knowingly refuse the vote of a registered and
6 qualified elector.
7 (2) Knowingly accept the vote of a person not registered
8 under this act. This paragraph does not apply to a person in
9 actual military service or a person having an order of court.
10 (3) Knowingly receive a vote from a person falsely
11 claiming to be a registered voter.
12 (b) Penalty.--A person who violates subsection (a) commits a
13 misdemeanor of the first degree and shall, upon conviction, be
14 sentenced to pay a fine of not more than $10,000 or to
15 imprisonment for not more than five years, or both.
16 Section 1506. Duties under act.
17 Any commissioner, registrar, clerk, inspector of
18 registration, commission officer, commission assistant,
19 commission employee, individual, partnership or corporation that
20 intentionally delays, neglects or refuses to perform a duty
21 imposed by this act commits a misdemeanor of the second degree
22 and shall, upon conviction, be sentenced to pay a fine of not
23 more than $5,000 or to imprisonment for not more than two years,
24 or both.
25 Section 1507. Official documents.
26 (a) Prohibition.--A person may not do any of the following:
27 (1) Intentionally insert or permit to be inserted a
28 material entry in any registration card, street list,
29 affidavit, petition, subpoena, certificate, report or other
30 record, authorized or required by this act to be made or
19950H1212B1652 - 75 -
1 prepared for a purpose set forth in this act, which entry is
2 not in accordance with this act.
3 (2) Intentionally materially alter or intentionally
4 destroy an entry which has been made in any registration
5 card, street list, affidavit, petition, subpoena,
6 certificate, report or other record, authorized or required
7 by this act to be made or prepared for a purpose set forth in
8 this act, which alteration or destruction is not in
9 accordance with this act.
10 (3) Remove a record from lawful custody with the intent
11 to prevent the record from being used, inspected or copied.
12 (b) Penalty.--A person who violates subsection (a) commits a
13 misdemeanor of the first degree and shall, upon conviction, be
14 sentenced to pay a fine of not more than $6,000 or to
15 imprisonment for not more than three years, or both.
16 Section 1508. Withholding information.
17 A person who intentionally refuses to furnish to a
18 commissioner or an inspector of registration information or
19 documents which the commissioner or inspector is authorized to
20 have under this act commits a misdemeanor of the second degree
21 and shall, upon conviction, be sentenced to pay a fine of not
22 more than $5,000 or to imprisonment for not more than two years,
23 or both.
24 Section 1509. Law enforcement assistance.
25 A law enforcement officer who, upon demand of any
26 commissioner or inspector of registration, fails to render
27 demanded assistance in the maintenance of peace and in the
28 making of arrests without warrant as provided in this act or who
29 intentionally hinders or attempts to hinder any commissioner or
30 inspector of registration in the performance of a duty commits a
19950H1212B1652 - 76 -
1 misdemeanor of the second degree and shall, upon conviction, be
2 sentenced to pay a fine of not more than $5,000 or to
3 imprisonment for not more than two years, or both.
4 Section 1510. Interference.
5 A person who intentionally interferes with any other person
6 in the performance of any act or duty authorized or imposed by
7 this act commits a misdemeanor of the second degree and shall,
8 upon conviction, be sentenced to pay a fine of not more than
9 $5,000 or to imprisonment for not more than two years, or both.
10 Section 1511. Preventing registration.
11 (a) Prohibition.--No person may do any of the following:
12 (1) Knowingly and intentionally prevent an individual
13 from being registered.
14 (2) By coercion, threats of bodily injury or
15 intimidation, intentionally prevent or attempt to prevent an
16 individual from being registered or from changing political
17 enrollment in accordance with the provisions of this act.
18 (3) Intentionally give or promise or offer to give money
19 or goods to an individual as an inducement for the individual
20 to enroll in a particular party or to change political
21 enrollment.
22 (4) Prevent a record from being used, inspected or
23 copied.
24 (b) Penalty.--A person who violates subsection (a) commits a
25 misdemeanor of the first degree and shall, upon conviction, be
26 sentenced to pay a fine of not more than $10,000 or to
27 imprisonment for not more than five years, or both.
28 Section 1512. Approval of registration.
29 (a) Prohibition.--A person may not do any of the following:
30 (1) Intentionally alter a party designation on a
19950H1212B1652 - 77 -
1 registration card under section 528(c).
2 (2) Intentionally fail to make a transmission under
3 section 528(d).
4 (b) Penalty.--A person who violates subsection (a) commits a
5 misdemeanor of the third degree and shall, upon conviction, be
6 sentenced to pay a fine of $2,500 or to imprisonment for not
7 more than one year, or both.
8 Section 1513. Crimes Code.
9 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
10 4903 (relating to false swearing) and 4904 (relating to unsworn
11 falsification to authorities) apply to violations of this act.
12 CHAPTER 17
13 ENFORCEMENT
14 Section 1701. Attorney General.
15 (a) Investigation.--The secretary shall investigate alleged
16 violations of sections 523 and 525 and report apparent
17 violations to the Attorney General.
18 (b) Prosecution.--Under section 205(a)(6) of the act of
19 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
20 Attorneys Act, the Attorney General shall have prosecutorial
21 jurisdiction over violations reported under subsection (a).
22 Section 1702. District attorneys.
23 (a) Investigation.--Except as provided in section 1701, each
24 commission shall investigate alleged violations of this act
25 within its county and report apparent violations to the district
26 attorney of the county.
27 (b) Prosecution.--Subject to section 205(a)(3) through (5)
28 of the act of October 15, 1980 (P.L.950, No.164), known as the
29 Commonwealth Attorneys Act, the district attorney shall have
30 prosecutorial jurisdiction over violations reported under
19950H1212B1652 - 78 -
1 subsection (a).
2 CHAPTER 51
3 MISCELLANEOUS PROVISIONS
4 Section 5101. Standardized forms.
5 (a) General rule.--Whenever possible, the secretary shall
6 prescribe by regulation standardized registration or application
7 forms which may be used, with prior approval by the secretary,
8 by political bodies, candidates and organized bodies of citizens
9 in compliance with both the provisions of this act and the act
10 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
11 Election Code.
12 (b) Prior approval.--The secretary shall develop a system
13 whereby political bodies, candidates and organized bodies of
14 citizens may receive prior approval of standardized forms
15 developed pursuant to subsection (a).
16 Section 5102. Application for absentee ballots.
17 (a) General rule.--Notwithstanding the provisions of this
18 act or the act of June 3, 1937 (P.L.1333, No.320), known as the
19 Pennsylvania Election Code, the following persons may make
20 application for an absentee ballot by sending a letter or other
21 signed document to the county board of elections in the county
22 in which the person's voting address is located:
23 (1) Any qualified elector who is unable to attend his
24 polling place on the day of any primary or election because
25 of illness or physical disability.
26 (2) Any qualified elector who expects to be absent from
27 this Commonwealth or the county of residence because duties,
28 occupation or business require him to be elsewhere the day of
29 any primary or election.
30 (3) A county employee who cannot vote due to duties
19950H1212B1652 - 79 -
1 relating to the conduct of elections.
2 (4) A person who will not attend a polling place because
3 of an observance of a religious holiday.
4 (b) Contents of letter or document.--The letter or document
5 under subsection (a) shall provide the same information as is
6 provided on forms prescribed by the secretary.
7 (c) Review and processing.--The letter or document shall be
8 subject to the same schedule as other applications for absentee
9 ballots and upon receipt by the county board of elections shall
10 be reviewed and processed in the same fashion as other
11 applications for absentee ballots.
12 (d) Application prepared by political party.--An absentee
13 ballot application form containing the same information as that
14 contained on the form prescribed by the secretary, which was
15 prepared or distributed by a political party and signed by a
16 qualified elector, shall be deemed for all purposes as valid,
17 and shall be reviewed and processed by the county board of
18 elections in the same manner as applications on forms prescribed
19 by the secretary and supplied by the county board of elections.
20 Section 5103. Appropriations. <--
21 (a) Department of State.--The sum of $500,000, or as much
22 thereof as may be necessary, is hereby appropriated to the
23 Department of State for the fiscal year July 1, 1994, to June
24 30, 1995, for expenses incurred to implement the requirements of
25 the National Voter Registration Act (Public Law 103-31, 42
26 U.S.C. Sec. 1973gg et seq.), including a study of the
27 technological needs and other aspects of the development and
28 implementation of a central registry.
29 (b) Department of Transportation.--The sum of $740,000, or
30 as much thereof as may be necessary, is hereby appropriated to
19950H1212B1652 - 80 -
1 the Department of Transportation for the fiscal year July 1,
2 1994, to June 30, 1995, for expenses incurred to integrate voter
3 registration with driver licensing to implement the requirements
4 of the National Voter Registration Act of 1993.
5 Section 5104 5103. Severability. <--
6 The provisions of this act are severable. If any provision of
7 this act or its application to any person or circumstance is
8 held invalid, the invalidity shall not affect other provisions
9 or applications of this act which can be given effect without
10 the invalid provision or application.
11 Section 5105 5104. Repeals. <--
12 (a) Substantive provisions.--The following acts and parts of
13 acts are repealed:
14 Act of March 30, 1937 (P.L.115, No.40), known as The First
15 Class City Permanent Registration Act.
16 Act of April 29, 1937 (P.L.487, No.115), known as The
17 Permanent Registration Act for Cities of the Second Class,
18 Cities of the Second Class A, Cities of the Third Class,
19 Boroughs, Towns, and Townships.
20 (b) Appropriations.--The following acts and parts of acts <--
21 are repealed:
22 The appropriation for costs to implement National Voter
23 Registration Requirements in section 221 of the act of June 16,
24 1994 (P.L. , No.6A), known as the General Appropriation Act of
25 1994.
26 The appropriation for costs to integrate voter registration
27 with driver licensing in section 222 of the General
28 Appropriation Act of 1994.
29 (c) (B) General repeal.--All other acts and parts of acts <--
30 are repealed insofar as they are inconsistent with this act.
19950H1212B1652 - 81 -
1 Section 5106 5105. Applicability. <--
2 (a) Registration application.--Voter registration
3 applications prepared prior to the effective date of this act
4 may be used to apply for registration under this act.
5 (b) Notice.--In the event that the five-year period for
6 notice to electors provided for under section 907(b)(3) has been
7 declared invalid or rejected by a court of competent
8 jurisdiction or by the United States Department of Justice,
9 after all appeals have been exhausted and upon certification to
10 the Secretary of the Commonwealth and publication in the
11 Pennsylvania Bulletin, notice shall be given in accordance with
12 section 907(b)(3) after a period of ten years. In the event that
13 a ten-year period has been certified to the Secretary of the
14 Commonwealth as invalid and upon publication in the Pennsylvania
15 Bulletin, notice shall be given in accordance with section
16 907(b)(3) after a period of 20 years.
17 Section 5107 5106. Retroactivity. <--
18 Sections 5101 and 5102(b) shall apply retroactively to July
19 1, 1994.
20 Section 5108 5107. Effective date. <--
21 This act shall take effect immediately.
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