SENATE AMENDED
PRIOR PRINTER'S NOS. 1366, 1605, 1652, PRINTER'S NO. 2217
1742
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
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 19, 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 REGULATIONS. <--
13 Section 302. Existing electors.
14 Section 303. Commissions.
1 Section 304. Commission staff.
2 Section 305. Police assistance.
3 Section 306. Unexpended balance; source of funds.
4 Section 307. Open records and documents.
5 Chapter 5. Voter Registration
6 Subchapter A. Qualifications
7 Section 501. Qualifications to register.
8 Section 502. Residence of electors.
9 Subchapter B. Procedure
10 Section 521. Methods of voter registration.
11 Section 522. In-person voter registration.
12 Section 523. Application with driver's license application.
13 Section 524. Application by mail.
14 Section 525. Government agencies.
15 Section 526. Time.
16 Section 527. Preparation and distribution of applications.
17 Section 528. Approval of registration applications.
18 Section 529. Challenges.
19 Section 530. Appeals.
20 Chapter 7. Records
21 Section 701. General register.
22 Section 702. District registers.
23 Section 703. Street lists.
24 Section 704. Public information lists.
25 Section 705. Retention of records.
26 Section 706. Reports.
27 Chapter 9. Changes in Records
28 Section 901. Removal notices.
29 Section 902. Transfer of registration.
30 Section 903. Change of enrollment of political party.
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1 Section 904. Physical disability.
2 Section 905. Department of Health.
3 Section 906. Residence monitoring. <--
4 Section 907. Removal of voters.
5 Section 908. Procedure for voting following failure to return
6 notification card.
7 Section 909. Incorrect records.
8 Section 910. Files.
9 Section 911. Errors in cancellation or suspension.
10 SECTION 906. CHECKUP OF REGISTERS. <--
11 SECTION 907. CANVASS OF REGISTERED ELECTORS.
12 SECTION 908. COMPARISON AND CORRECTION OF REGISTERS.
13 SECTION 909. PETITION TO STRIKE OFF NAMES.
14 SECTION 910. FAILURE TO VOTE.
15 SECTION 911. CANCELLATION, REMOVAL AND PRESERVATION OF
16 REGISTRATION CARDS.
17 SECTION 912. CORRECTION OF ERRORS IN CANCELLATION OR
18 SUSPENSION.
19 Chapter 11. Commission Proceedings
20 Section 1101. Subpoenas and witness fees.
21 Chapter 13. Judicial Review
22 Section 1301. Court of common pleas.
23 Section 1302. Commission duties.
24 Chapter 15. Penalties
25 Section 1501. Lawful orders.
26 Section 1502. Registration.
27 Section 1503. Application.
28 Section 1504. Altering registration.
29 Section 1505. Votes.
30 Section 1506. Duties under act.
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1 Section 1507. Official documents.
2 Section 1508. Withholding information.
3 Section 1509. Law enforcement assistance.
4 Section 1510. Interference.
5 Section 1511. Preventing registration.
6 Section 1512. Approval of registration.
7 SECTION 1513. SOLICITATION OF REGISTRATIONS. <--
8 Section 1513 1514. Crimes Code. <--
9 Chapter 17. Enforcement
10 Section 1701. Attorney General.
11 Section 1702. District attorneys.
12 CHAPTER 19. PROVISIONS CONTINGENT ON FEDERAL LAW <--
13 SECTION 1901. REMOVAL OF VOTERS.
14 SECTION 1902. PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
15 NOTIFICATION CARD.
16 SECTION 1903. INCORRECT RECORDS.
17 SECTION 1904. FILES.
18 SECTION 1905. ERRORS IN CANCELLATION.
19 Chapter 51. Miscellaneous Provisions
20 Section 5101. Standardized forms.
21 Section 5102. Application for absentee ballots.
22 Section 5103. Delivering or mailing official absentee ballots.
23 Section 5104. Appropriations. <--
24 Section 5105. Severability.
25 Section 5106. Repeals.
26 Section 5107. Applicability.
27 Section 5108. Retroactivity.
28 Section 5109. Effective date.
29 SECTION 5104. APPLICABILITY OF PROVISIONS. <--
30 SECTION 5105. APPROPRIATIONS.
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1 SECTION 5106. SEVERABILITY.
2 SECTION 5107. REPEALS.
3 SECTION 5108. APPLICABILITY.
4 SECTION 5109. RETROACTIVITY.
5 SECTION 5110. EFFECTIVE DATE.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 CHAPTER 1
9 PRELIMINARY PROVISIONS
10 Section 101. Short title.
11 This act shall be known and may be cited as the Pennsylvania
12 Voter Registration Act.
13 Section 102. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Calendar year." The period commencing January 1 and ending
18 December 31 next following.
19 "Commission." A registration commission established under
20 section 303.
21 "Commissioner." A member of a registration commission.
22 "County." Any county of this Commonwealth. The term includes
23 a county within which is located a city of the first class or
24 with which a city of the first class is coextensive.
25 "County election board." The Board of Elections of a county.
26 "Department." The Department of State of the Commonwealth.
27 "District." An election district or precinct of a
28 municipality.
29 "District register." The registration cards or digitized
30 signature list containing the list of qualified electors:
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1 (1) arranged, by election district, alphabetically by
2 last name of the registrant; and
3 (2) prepared by the commission under section 702.
4 "Election." A general, special, municipal or primary
5 election.
6 "General election." The election which the Constitution of
7 Pennsylvania requires to be held in even-numbered years.
8 "In military service." Serving in the uniformed services as
9 defined in section 102 of the Career Compensation Act of 1949
10 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
11 National Guard.
12 "Members of the merchant marine of the United States." Any
13 of the following:
14 (1) Individuals employed as officers or members of crews
15 of vessels documented under the law of the United States or
16 of vessels owned by the United States or of vessels of
17 foreign-flag registry under charter to or control of the
18 United States. This paragraph does not include individuals in
19 military service.
20 (2) Individuals enrolled with the United States for
21 employment or for training for employment or maintained by
22 the United States for emergency relief service as officers or
23 members of crews of vessels referred to in paragraph (1). The
24 term does not include individuals in military service or
25 individuals employed or enrolled for employment or for
26 training for employment or maintained for emergency relief on
27 the Great Lakes or the inland waterways.
28 "Military elector." Any of the following:
29 (1) An individual in military service and the
30 individual's spouse and dependents.
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1 (2) An individual in the merchant marine and the
2 individual's spouse and dependents.
3 (3) An individual in a religious or welfare group
4 officially attached to and serving with the armed forces of
5 the United States and the individual's spouse and dependents.
6 (4) An individual who is a civilian employee of the
7 United States outside the territorial limits of the United
8 States, whether or not the individual is subject to the civil
9 service laws and the Classification Act of 1949 (Public Law
10 81-429, 63 Stat. 954) and whether or not the individual is
11 paid from funds appropriated by Congress, and the
12 individual's spouse and dependents.
13 "Municipal election." The election which the Constitution of
14 Pennsylvania requires to be held in odd-numbered years.
15 "Municipality." A city, borough, town or township.
16 "November election." Either the general or the municipal
17 election, or both, according to the context.
18 "Overseas citizen." An individual who resides outside the
19 territorial limits of the United States and who, but for such
20 residence, would be a qualified elector. The term does not
21 include a military elector.
22 "Party." Any of the following:
23 (1) A party or political body, one of whose candidates
24 at the general election immediately preceding the primary:
25 (i) polled, in each of at least ten counties, at
26 least 2% of the largest entire vote cast in the county
27 for any elected candidate; and
28 (ii) polled a total vote in this Commonwealth equal
29 to at least 2% of the largest entire vote cast in this
30 Commonwealth for any elected candidate.
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1 (2) A party or political body, one of whose candidates
2 at either the general or municipal election preceding the
3 primary polled at least 5% of the largest entire vote cast
4 for any elected candidate in any county.
5 "Person authorized to administer oaths." The term includes
6 an individual who is a commissioned officer in military service
7 or a member of the merchant marine of the United States
8 designated for this purpose by the United States Secretary of
9 Commerce.
10 "Person in military service." The term shall mean a
11 qualified elector who is, by enlistment, enrollment or draft in
12 actual military service.
13 "Political body." A political body not recognized as a
14 political party which has filed proper nomination papers as
15 required by law.
16 "Primary election." An election for the nomination of
17 candidates.
18 "Public office." Any Federal, State or political
19 subdivision, office or position of employment requiring the
20 individual elected or appointed to render public service for a
21 fixed fee or compensation. The term does not include the office
22 of notary public or commissioner of deeds.
23 "Qualified elector." An individual who possesses all of the
24 qualifications for voting prescribed by the Constitution of
25 Pennsylvania and the laws of this Commonwealth or who, being
26 otherwise qualified by continued residence in the election
27 district, obtains such qualifications before the next ensuing
28 election. The term does not include a military elector.
29 "Registration card." A registration record containing all
30 information required on the registration application, including
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1 the elector's signature, and suitable space for the insertion by
2 the appropriate official of the following information:
3 (1) The ward and election district of residence.
4 (2) The registrant's street address.
5 (3) Data required to be given upon removal from the
6 registrant's residence.
7 (4) The date of each election at which the registrant
8 votes.
9 (5) The number and letter of the stub of the ballot
10 issued to the registrant or the registrant's number in the
11 order of admission to the voting machines.
12 (6) The initials of the election officer who enters the
13 record of voting in the district register.
14 (7) Whether the registrant needs assistance to vote and,
15 if so, the nature of the disability.
16 "Registry." The Statewide central registry of registered <--
17 qualified electors established under section 301.
18 "Secretary." The Secretary of the Commonwealth.
19 Section 103. Applicability.
20 This act applies to all counties.
21 Section 104. Construction.
22 No part of any day fixed for the performance of duties by any
23 person or official under this act shall be deemed a Sunday or a
24 legal holiday so as to affect the legality of work done for the
25 purpose of carrying out this act or the right of a person to
26 compensation provided for rendering any service required by this
27 act or so as to relieve any person from doing on such day
28 whatever is necessary for the purpose of carrying out this act.
29 Such services are declared to be necessary public services.
30 CHAPTER 3
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1 REGISTRATION SYSTEM
2 Section 301. Registry. <--
3 (a) Establishment.--The secretary has the authority to
4 implement and administer all of the provisions set forth by this
5 act. The secretary's authority includes the ability to establish
6 a Statewide registry and require the county commissioners to be
7 linked to the registry. When the secretary develops a registry,
8 it shall be developed in consultation with the county
9 commissions. The timetable for implementation of the registry
10 shall be established by the secretary.
11 (b) Regulations.--The secretary shall promulgate regulations
12 SECTION 301. REGULATIONS. <--
13 THE SECRETARY SHALL PROMULGATE REGULATIONS necessary to
14 administer this act. The regulations shall include, but not be
15 limited to, provisions which do all of the following:
16 (1) Provide for applicants to submit their voter
17 registration application to the commission, the Department of
18 Transportation and other agencies designated in section 525.
19 (2) Allow for the future establishment of and <--
20 maintenance of a Statewide central data base for all voter
21 registration information.
22 (3) Provide procedures for entering data into the
23 registry.
24 (4) Allow the secretary to access the computerized
25 driver's license records of the Department of Transportation
26 and the computerized records of the agencies specified in
27 section 525 for voter registration purposes only.
28 (5) Allow each commission to add, modify and delete
29 information regarding registered qualified electors from its
30 county from the system to provide for accurate and up-to-date
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1 records.
2 (6) Allow the secretary and commissions to view the
3 registration records of all commissions in order to ensure
4 the accuracy of each commission's files and allow the
5 secretary and commissions to access the registry for review
6 and search capabilities.
7 (7) Provide security and protection of all information
8 in the registry and ensure that unauthorized entry is not
9 allowed.
10 (8) Prescribe a procedure for phasing in or converting
11 existing voter registration records to the registry in
12 consultation with the county commissions.
13 (9) (2) Prescribe a procedure for the return of
14 completed voter registration applications from the Department
15 of Transportation, the Department of Public Welfare, armed
16 forces recruitment centers, Offices of the Clerk of Orphan's
17 Court and all other offices under this act to the secretary
18 or the appropriate commission.
19 (3) PRESCRIBE A PROCEDURE TO CONDUCT A STUDY OF THE <--
20 TECHNOLOGICAL NEEDS AND OTHER ASPECTS OF THE DEVELOPMENT AND
21 IMPLEMENTATION OF A STATEWIDE CENTRAL REGISTRY OF REGISTERED
22 QUALIFIED VOTERS AND THE STUDY SHALL BE COMPLETED BY JULY 1,
23 1996.
24 Section 302. Existing electors.
25 All electors registered to vote in this Commonwealth on the
26 effective date of this act remain registered under this act, and
27 all electors registered for Federal elections shall, upon the
28 effective date of this act, become registered for State and
29 local elections. Information required in accordance with section <--
30 527 shall be entered into the registry as set forth in section
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1 301.
2 Section 303. Commissions.
3 (a) Establishment.--A registration commission is established
4 in each county. The commission has jurisdiction over the
5 registration of electors of the county under this act.
6 (b) Membership.--
7 (1) Except as provided in paragraphs (2) and (3), the
8 county commissioners of each county shall act as a
9 registration commission for the county.
10 (2) In a city of the first class, the commission shall
11 consist of the three elected commissioners of the city. Each
12 commissioner shall be elected for a term of four years, in
13 the year that the mayor is elected.
14 (3) In counties which have adopted home rule charters or
15 optional plans, the commission shall consist of the members
16 of the county body which performs legislative functions
17 unless the county charter or optional plan provides for the
18 appointment of the commission. In either case, there must be
19 minority representation on the commission. The county body
20 which performs legislative functions shall, if the commission
21 does not contain minority representation appoint such
22 representation, from a list submitted by the county chair of
23 the minority party.
24 (c) Compensation.--Commissioners shall receive no
25 compensation in addition to their compensation as county or city
26 commissioners.
27 (d) Majority vote required.--Actions of a commission must be
28 decided by a majority vote of all members except as otherwise
29 provided in this act.
30 (e) Records.--A commission shall keep a permanent record of
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1 its proceedings.
2 (f) Regulations.--A commission may make regulations, not
3 inconsistent with this act, to do all of the following:
4 (1) Govern the public sessions of the commission.
5 (2) Perform the duties imposed by this act.
6 (3) Carry into effect the provisions of this act and
7 permit the efficient administration of this act, including
8 the designation of duties to be performed and functions to be
9 exercised under this act at its respective offices.
10 (g) Enforcement.--A commission may enforce regulations,
11 orders and subpoenas as provided in section 1101 and, if
12 necessary, shall have the assistance of the appropriate court of
13 common pleas and of all public officers subservient to the
14 court, in enforcing the regulations, orders and subpoenas.
15 (h) Errors.--A commission has the power to correct an error
16 or irregularity in registration and to cancel the registration
17 of an individual whom it finds to be improperly registered,
18 subject only to this act. Written notice must be mailed or
19 delivered to each individual whose registration is canceled.
20 Whenever a registered elector's name is changed for any reason,
21 the initial registration number shall remain the same and the
22 file shall reflect the former name change to the new name.
23 (i) Investigation.--A commission or a commissioner has the
24 power to do any of the following:
25 (1) Summon and interrogate any person concerning the
26 registration of electors or any matter related thereto.
27 (2) Investigate irregularities in registration.
28 (3) Summon and examine witnesses.
29 (4) Require the production of relevant documents.
30 (j) Oaths and affirmations.--Each commissioner has the power
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1 to administer oaths and affirmations. Each individual testifying
2 before a commission or commissioner must be sworn or affirmed.
3 (k) Correction of errors.--
4 (1) A commission has the power to correct its records
5 without requiring action of a registered elector in any of
6 the following cases:
7 (i) If the mailing address of the registered elector
8 has been changed by the renaming of a street, the
9 renumbering of a house or the changing of a post office.
10 (ii) If the election district of the registered
11 elector has been changed through a change in the
12 boundaries of an election district.
13 (2) Notice of action under paragraph (1) shall be mailed
14 promptly to the affected registered elector.
15 Section 304. Commission staff.
16 (a) Counties of the first class.--
17 (1) A commissioner may act as registrar or inspector of
18 registration.
19 (2) The commission has the power to assign assistants,
20 employees or clerks to act as registrars or inspectors of
21 registration. Individuals assigned under this paragraph shall
22 not receive additional compensation for service as registrars
23 or inspectors.
24 (3) Appointments shall be as follows:
25 (i) The commission shall annually appoint at least
26 two registrars for each registration place. Not more than
27 one-half of the number of registrars appointed annually
28 for each registration place may be members of the same
29 political party.
30 (ii) Registrars appointed must be qualified electors
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1 of the election district or ward for which they have been
2 appointed, must be of good moral character, must not have
3 been convicted of a crime, and must be familiar with the
4 qualifications of electors and the duties of the
5 registrars. No individual who holds or is a candidate for
6 public office or party office may be appointed to or hold
7 any office or employment under any commission, except as
8 otherwise provided by this act.
9 (iii) Appointments shall be as follows:
10 (A) The commission shall provide 15 days' notice
11 for submission of candidates.
12 (B) The city chairs of the party having polled
13 the highest and the second highest vote in this
14 Commonwealth at the last preceding gubernatorial
15 election may file with the commission a written list
16 of names of members of the party whom the chair
17 recommends for appointment as registrars. Lists must
18 contain the name, address, qualifications and
19 occupation of each individual recommended and shall
20 be open to public inspection in the office of the
21 commission.
22 (C) The commission shall appoint individuals
23 from the list as registrars representing the parties.
24 If more candidates are recommended by a chair than
25 the party is entitled to have appointed, the
26 commission shall appoint those candidates from the
27 list whom the commission finds to be qualified under
28 this section. If there are not sufficient candidates
29 qualified to serve recommended by a chair, the
30 commission may appoint other individuals whom the
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1 commission believes qualified.
2 (D) If a vacancy occurs in the office of
3 registrar, the commission shall fill the vacancy by
4 appointing an elector of the district or ward, as the
5 case may be, who is qualified under subparagraph (ii)
6 and who is a registered and enrolled member of the
7 same political party as the registrar whose office
8 was vacated. The vacancy appointment shall be made in
9 the same manner as the initial appointment.
10 (iv) Registrars appointed have the power to register
11 the qualified electors of the election district or ward
12 and, in so doing, to administer oaths and affirmations.
13 Registrars appointed shall perform all other duties
14 imposed on registrars by this act and by the commission.
15 (v) Nothing in this subsection shall prevent a
16 registrar from serving as a registrar in a ward or
17 division of the city, or prevent the commission from
18 assigning a registrar to register voters in a ward or
19 division of the city.
20 (vi) Except as provided in paragraph (1), each
21 registrar shall receive compensation set by the
22 commission for each day during which the registrar is
23 engaged in the active performance of duties as registrar.
24 (vii) The commission shall designate the duties to
25 be performed by appointed registrars.
26 (4) Any insertion or removal of names or other
27 information in registers or an amendment of records done by
28 any employee, registrar or inspector by order of the
29 commission shall be construed to be an action of the
30 commission. It is the duty of the commission to correct any
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1 error in such action.
2 (5) Before exercising a power of office, a registrar or
3 inspector of registration assigned under paragraph (2) or
4 appointed under paragraph (3) must comply with all of the
5 following:
6 (i) Take an oath or affirmation of office, as
7 prescribed by the commission.
8 (ii) Receive from the commission a certificate of
9 appointment, setting forth name and address, date of
10 appointment and the length of appointment.
11 (6) The commission may annually designate registration
12 places in the wards.
13 (7) The commission may appoint employees necessary to
14 perform the functions of the office and to register the
15 voters of the city. Employees shall be paid compensation as
16 set by the commission.
17 (8) Removal shall be as follows:
18 (i) The commission has the power to remove any
19 employee, inspector, registrar or other officer appointed
20 or employed by it. No registrar appointed under paragraph
21 (3) may be removed except for cause.
22 (ii) A qualified elector of the city may appear
23 before the commission and show that a registrar assigned
24 under paragraph (2) or appointed under paragraph (3) does
25 not possess the qualifications requisite for the
26 performance of duties of office or has violated this act.
27 If, after public hearing, the commission finds the
28 charges brought to be true, the commission shall remove
29 the registrar.
30 (9) An inspector of registration has the authority to
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1 investigate all matters regarding voter registration and to
2 make recommendations to the commission.
3 (10) The commission may employ counsel. Counsel shall
4 advise the commission regarding its powers and duties, the
5 rights of electors and the best methods of legal procedure
6 for carrying out this act and shall appear for and represent
7 the commission on all appeals under Chapter 13. The amount of
8 compensation for counsel shall be set by the city
9 commissioners.
10 (11) Employees and clerks of the commission shall be
11 privileged from arrest while acting as registrars.
12 Commissioners and inspectors of registration shall be
13 privileged from arrest while performing their duties, except
14 upon warrant of a court of record for a felony, for wanton
15 breach of the peace or for a criminal violation of this act.
16 (b) Counties of the second through eighth classes.--
17 (1) The registration commission shall appoint a chief
18 clerk, who may be the chief clerk of the county
19 commissioners. The chief clerk has authority to administer
20 oaths and to sign vouchers.
21 (2) Registrars and inspectors of registration must be
22 qualified electors of the county. Registrars and inspectors
23 of registration shall receive compensation, either on a per
24 diem basis for time actually employed or on the basis of work
25 actually done, as fixed by the salary board of the county. No
26 registrar or inspector of registration may exercise any power
27 of office until taking an oath or affirmation of office
28 prescribed by the commission and receiving from the
29 commission a certificate of appointment, setting forth name
30 and address, date of appointment and length of appointment.
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1 (3) Other staff shall be as follows:
2 (i) A commission may appoint assistants and
3 employees as necessary to carry out this act and may
4 remove them. The number and compensation of assistants
5 and employees shall be fixed by the salary board of the
6 county. A commission may appoint employees of the county
7 to act for the commission without additional
8 compensation.
9 (ii) The employees to be appointed by a commission
10 include:
11 (A) Registrars or clerks who are empowered to
12 register the qualified electors of the county and, in
13 so doing, to administer oaths and affirmations.
14 (B) Inspectors of registration who have
15 authority to investigate all matters regarding voter
16 registration and to make recommendations to the
17 commission.
18 (4) The county solicitor shall be counsel for the
19 commission and shall receive no compensation in addition to
20 compensation as county solicitor. Counsel shall advise the
21 commission regarding its powers and duties and the rights of
22 electors and concerning the best methods of legal procedure
23 for carrying out this act and shall appear for and represent
24 the commission on appeals taken from its decisions or orders.
25 (5) Any insertion or removal of names or other
26 information in registers and the amendment of records done by
27 any employee of a commission or by order of a commission
28 shall be construed to have been done by the commission. The
29 commission shall be responsible for the correction of errors.
30 (6) No individual who holds or is a candidate for public
19950H1212B2217 - 19 -
1 or party office may be appointed to or hold any office or
2 employment under any commission, except as otherwise provided
3 by this act.
4 (7) Commissioners, registrars and inspectors of
5 registration shall be privileged from arrest while performing
6 their duties except upon warrant of a court of record, for a
7 felony, for wanton breach of the peace or for a criminal
8 violation of this act.
9 (8) A commissioner or the chief clerk may act as
10 registrar or inspector of registration. When acting under
11 this subsection, the commissioner or chief clerk has the
12 powers and duties conferred by law upon registrars and
13 inspectors of registration.
14 Section 305. Police assistance.
15 A commission may call on police officers of the appropriate
16 municipality to maintain the peace at a place of registration.
17 Section 306. Unexpended balance; source of funds.
18 (a) Unexpended balance.--Unexpended balances of
19 appropriations made by the county commissioners prior to the
20 effective date of this act for the purpose of carrying out the
21 act of March 30, 1937 (P.L.115, No.40), known as The First Class
22 City Permanent Registration Act, and the act of April 29, 1937
23 (P.L.487, No.115), known as The Permanent Registration Act for
24 Cities of the Second Class, Cities of the Second Class A, Cities
25 of the Third Class, Boroughs, Towns, and Townships, are
26 transferred to and made available for commissions under this
27 act.
28 (b) Source of funds.--A commission may accept and use in the
29 performance of its duties funds received from the Federal
30 Government, the Commonwealth or any other source.
19950H1212B2217 - 20 -
1 Section 307. Open records and documents.
2 (a) Scope.--The following documents under this act are open
3 to public inspection except as otherwise provided in this
4 section:
5 (1) Records of a registration commission and of district
6 registers.
7 (2) Street lists.
8 (3) Official voter registration applications.
9 (4) Petitions and appeals.
10 (5) Witness lists.
11 (6) Accounts and contracts.
12 (7) Reports.
13 (b) Exception.--The Statewide central registry is not an <--
14 open record or document under this section or any other act.
15 (c) (B) Use.--Open material under subsection (a) may be <--
16 inspected during ordinary business hours subject to the
17 efficient operation of the commission. Public inspection shall
18 only be in the presence of a commissioner or authorized
19 commission employee and shall be subject to proper regulation
20 for safekeeping of the material and subject to this act. Upon
21 request, a photocopy of the record or computer-generated data
22 record shall be provided at cost. The material may not be used
23 for commercial or improper purposes.
24 CHAPTER 5
25 VOTER REGISTRATION
26 SUBCHAPTER A
27 QUALIFICATIONS
28 Section 501. Qualifications to register.
29 (a) Eligibility.--A qualified elector who will be at least
30 18 years of age on the day of the next election, who has been a
19950H1212B2217 - 21 -
1 citizen of the United States for at least one month PRIOR TO THE <--
2 NEXT ELECTION and who has resided in this Commonwealth and the
3 election district where the qualified elector offers to vote for
4 at least 30 days prior to the next ensuing election AND HAS NOT <--
5 BEEN CONFINED IN A PENAL INSTITUTION FOR A CONVICTION OF A
6 FELONY WITHIN THE LAST FIVE YEARS shall be entitled to be
7 registered as provided in this chapter. If an individual is
8 qualified to vote in an election district prior to removal of
9 residence, the individual may, if a resident of this
10 Commonwealth, vote in the election district from which residence
11 was removed within the 30 days preceding the election.
12 (b) Effect.--No individual shall be permitted to vote at any
13 election unless the individual is registered under this
14 subsection, except as provided by law or by order of a court of
15 common pleas. No registered elector shall be required to
16 register again for any election while the elector continues to
17 reside at the same address.
18 Section 502. Residence of electors.
19 (a) General rule.--
20 (1) For the purpose of registration and voting, no
21 individual shall be deemed to have gained a residence by
22 reason of presence or lost a residence by reason of absence
23 in any of the following circumstances:
24 (i) Being employed in the service, either civil or
25 military, of this Commonwealth or of the United States.
26 (ii) Being engaged in the navigation of the waters
27 of this Commonwealth or of the United States or on the
28 high seas.
29 (iii) Being in an institution at public expense.
30 This subparagraph does not apply to a veteran who resides
19950H1212B2217 - 22 -
1 in a home for disabled and indigent soldiers and sailors
2 maintained by the Commonwealth. Such a veteran may elect
3 to utilize that residence for registration and voting or
4 elect to vote as an absentee elector by the use of an
5 absentee ballot.
6 (2) Nothing in paragraph (1) shall preclude any elector
7 eligible under section 501 from establishing the district of
8 residence as the election district of residence pursuant to
9 subsection (b).
10 (3) Except as otherwise provided in this subsection, no
11 individual who is confined in a penal institution shall be
12 deemed a resident of the election district where the
13 institution is located. The individual shall be deemed to
14 reside where the individual was last registered before being
15 confined in the penal institution; or, if there was no
16 registration prior to confinement, the individual shall be
17 deemed to reside at the last known address before
18 confinement.
19 (4) An individual who resides at an institution for the
20 mentally ill or the mentally retarded, if otherwise qualified
21 under section 501, shall be deemed, at the individual's
22 option, a resident in one of the following:
23 (i) The district where the institution is located.
24 (ii) The district where the individual was last
25 registered to vote before entering the institution. For
26 purposes of this subparagraph, if the individual was not
27 registered before entering the institution, the
28 individual shall be deemed to reside at the last known
29 address before entering the institution.
30 (b) Rules for determination.--The following apply:
19950H1212B2217 - 23 -
1 (1) That the place shall be considered the residence of
2 an individual in which habitation is fixed and to which,
3 whenever the individual is absent, the individual has the
4 intention of returning.
5 (2) An individual shall not be considered to have lost
6 residence if the individual leaves home and goes into another
7 state or another election district for temporary purposes
8 only, with the intention of returning.
9 (3) An individual shall not be considered to have gained
10 a residence in an election district if the individual comes
11 into that district for temporary purposes only, without the
12 intention of making that election district a permanent place
13 of abode.
14 (4) If an individual removes to another state with the
15 intention of making that state the permanent residence, the
16 individual shall be considered to have lost residence in this
17 Commonwealth.
18 (5) If an individual removes to another state with the
19 intention of remaining there an indefinite time and making
20 that state the place of residence, the individual shall be
21 considered to have lost residence in this Commonwealth,
22 notwithstanding an intention to return at some indefinite
23 future period.
24 (6) If an individual goes into another state and, while
25 there, votes in an election held by that state, the
26 individual shall be considered to have lost residence in this
27 Commonwealth.
28 (7) An individual employed in the service of the Federal
29 Government or of the Commonwealth and required thereby to be
30 absent from the municipality where the individual resided
19950H1212B2217 - 24 -
1 when entering that employment, and the spouse of the
2 individual, may remain registered in the district where the
3 individual resided immediately prior to entering that
4 employment; and the individual and the spouse shall be
5 enrolled in the political party designated by the individual
6 or spouse without declaring a residence by street and number.
7 (i) An individual who registers under this paragraph
8 for Commonwealth employment must produce a certificate
9 from the head of the State agency, under the seal of
10 office, setting forth that the individual or the
11 individual's spouse is actually employed in the service
12 of the Commonwealth and setting forth the nature of the
13 employment and the time when the employee first entered
14 the employment. The commission shall retain certificates
15 under this subparagraph.
16 (ii) The commission shall note on the registration
17 card of each individual registered under this paragraph
18 the fact of Federal or State employment.
19 (iii) At least once every two years the commission
20 shall verify the employment of the individuals registered
21 under this paragraph at the proper Federal or State
22 office. If an individual is found to be no longer a
23 Federal or State employee, the individual's registration
24 shall be canceled under Chapter 9.
25 SUBCHAPTER B
26 PROCEDURE
27 Section 521. Methods of voter registration.
28 An individual qualified to register to vote under section
29 501(a) may apply to register as follows:
30 (1) In person under section 522.
19950H1212B2217 - 25 -
1 (2) In conjunction with an application for a motor
2 vehicle driver's license under section 523.
3 (3) By mail application under section 524.
4 (4) In conjunction with certain government agency
5 services under section 525.
6 Section 522. In-person voter registration.
7 (a) General rule.--Applications may be submitted to register
8 to vote or change party enrollment or name or address on current
9 registration record in person before the registration commission
10 or a commissioner, a registrar or a clerk at the office of the
11 commission or at a place designated by the commission. The
12 applicant shall be advised that any intentional false statement
13 on the application constitutes perjury and will be punishable as
14 such. The applicant shall provide the information required on
15 the registration application and sign the registration
16 declaration. The commission shall prepare and provide voter
17 registration applications for the purpose of registering
18 qualified electors in accordance with this section.
19 Notwithstanding any other provision of this act, the commission
20 may use a mail registration application for in-person
21 registration. The commission shall mail the voter's
22 identification card in accordance with section 527(a)(4)(v).
23 (b) Notice.--The commission shall, within a reasonable time,
24 publicly announce the address of each place of registration, the
25 address of each office of the commission established for the
26 registration of electors other than its main office and the days
27 and hours when the place or office is open for the registration
28 of electors. The announcement shall be made by posting notice at
29 the place or office and at the commission's main office and by
30 other means as the commission deems advisable.
19950H1212B2217 - 26 -
1 (c) Polls.--The election board of each county shall cause
2 any polling place to be open, in proper order for use, as a
3 place of registration, on each day when the polling place is
4 desired by the commission or required by the provisions of this
5 act for use as a place of registration. The appropriating
6 authority of the county shall provide for the payment of rentals
7 for such polling places and other places of registration.
8 (d) Schools.--The board of public education or the board of
9 school directors shall furnish suitable space in any public
10 school building under its jurisdiction or control and shall
11 cause the space to be open and in proper order for use as a
12 place of registration on each day when the space is desired by
13 the commission for use as a place of registration in accordance
14 with the provisions of this act. Use under this subsection may
15 not interfere with school instruction.
16 (e) Municipal buildings.--The proper authority in the county
17 or municipality shall furnish suitable space in a building under
18 its jurisdiction or control and shall cause the space to be open
19 and in proper order for use as a place of registration on each
20 day when the space is desired by the commission for use as a
21 place of registration. Use under this subsection may not
22 interfere with the use for which the space is primarily
23 designed.
24 Section 523. Application with driver's license application.
25 (a) General rule.--
26 (1) The Department of Transportation shall provide for
27 simultaneous application for voter registration in
28 conjunction with the process under 75 Pa.C.S. § 1510
29 (relating to issuance and content of driver's license). An
30 application under this subsection shall serve as an
19950H1212B2217 - 27 -
1 application to register to vote unless the applicant fails to
2 sign the voter registration application. The secretary has
3 the primary responsibility for implementing and enforcing the
4 driver's license voter registration system created under this
5 section. The secretary, in consultation with the Secretary of
6 Transportation, may promulgate regulations for implementing
7 this section.
8 (2) An application for voter registration submitted to
9 the Department of Transportation under this subsection shall
10 be considered as updating any previous voter registration
11 information by the applicant.
12 (3) Any change of address submitted under 75 Pa.C.S. § <--
13 1515 (relating to notice of change of name or address) TO THE <--
14 DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF DRIVER
15 LICENSING shall serve as notification of change of address
16 for voter registration for the registrant involved unless the
17 registrant indicates that the change of address is not for
18 voter registration purposes.
19 (b) Process.--
20 (1) The Department of Transportation shall provide for
21 an application for voter registration as part of a driver's
22 license application.
23 (2) The format of the driver's license/voter
24 registration application shall be determined and prescribed
25 by the secretary and the Secretary of Transportation.
26 (3) The voter registration application portion of the
27 application shall contain all the requirements of an official
28 voter registration application specified in section 527. The
29 voter registration portion of the application:
30 (i) may not require any information that duplicates
19950H1212B2217 - 28 -
1 information required in the driver's license portion of
2 the form, other than a second signature; and
3 (ii) may require only the minimum amount of
4 information necessary to prevent duplicate voter
5 registration, to enable the registration commission to
6 assess the eligibility of the applicant and to administer
7 voter registration and other parts of the election
8 process.
9 (c) Transmission.--
10 (1) The Department of Transportation shall forward
11 completed applications or contents of the completed voter
12 registration applications in machine-readable format to the
13 department.
14 (2) The department shall transmit the material to the
15 appropriate commission within ten days after the date of its
16 receipt by the Department of Transportation. If a voter
17 registration application is received by the Department of
18 Transportation within five days before the last day to
19 register before an election, the application shall be
20 transmitted to the appropriate commission not later than five
21 days after the date of its receipt by the Department of
22 Transportation.
23 (3) Upon receipt of the completed voter registration
24 information from the department, the commission shall make a
25 record of the date of the receipt of the application and
26 process the application. No applicant shall be deemed
27 eligible to vote until the commission has received and
28 approved the application.
29 (4) Changes of address shall comply with the following:
30 (i) The Department of Transportation shall notify
19950H1212B2217 - 29 -
1 the secretary of changes of address received under
2 subsection (a)(3). The secretary shall notify the
3 commission of the county of the registrant's prior
4 residence. Except as provided in subparagraph (ii), if
5 the registrant has moved outside of the county, the
6 commission shall forward the registrant's registration
7 card to the commission of the registrant's new county of
8 residence. Except as provided in subparagraph (ii), if
9 the registrant has moved to an address within the
10 commission's jurisdiction, the commission shall update
11 the registration record of the registrant.
12 (ii) In the case of changes of address received by
13 the Department of Transportation which do not contain a
14 signature of the registrant, the commission receiving the
15 change of address notification shall mail a notice to the
16 registrant at the new residence address requesting
17 verification of the address change. The verification
18 notice shall be in substantially the following form:
19 Date................
20 Office of the Registration Commission
21 .......... County, Pennsylvania
22 ........ (Address and Telephone No. of County)
23 We have been notified by the Department of Transportation
24 that you recently moved from ................. (old
25 residence address) to ............... (new residence
26 address) and that this change of address is to serve as a
27 change of address for voter registration purposes. Unless
28 you notify this office within ten days from the date of
29 this notice that this information is not correct, your
30 voter registration will be transferred to ...........
19950H1212B2217 - 30 -
1 County. You may notify this office by calling the
2 telephone number appearing on this form or by mailing
3 this notice to this office. You need not notify this
4 office if this information is correct.
5 ............................
6 Chief Clerk
7 If the address change is within the commission's
8 jurisdiction the county shall notify the registrant what
9 precinct the new address is in using the following form:
10 Date...............
11 Office of the Registration Commission
12 ............ County, Pennsylvania
13 .......... (Address and Telephone No. of County)
14 We have been notified by the Department of Transportation
15 that you recently moved from ................. (old
16 residence address) to (new residence address) and that
17 this change of address is to serve as a change of address
18 for voter registration purposes. Unless you notify this
19 office within ten days from the date of this notice that
20 this information is not correct, your voter registration
21 will be transferred to ................ (new precinct) in
22 this county. You may notify this office by calling the
23 telephone number appearing on this form or by mailing
24 this notice to this office. You need not notify this
25 office if this information is correct.
26 ............................
27 Chief Clerk
28 Such notices must be sent by first class nonforwardable
29 mail, return postage guaranteed, and must be in a form
30 approved by the secretary and designed in such a manner
19950H1212B2217 - 31 -
1 to allow the registrant to indicate that the address
2 change is incorrect, the reason why such discrepancy
3 exists and for return to the county commission. Such
4 notice must be signed by the registrant and dated.
5 (iii) If the registrant does not return the notice
6 under subparagraph (ii) within the ten-day period, the
7 commission shall process the change of address according
8 to subparagraph (i). If the registrant notifies the
9 commission that the information is incorrect and the
10 commission is satisfied with the registrant's explanation
11 of the discrepancy, the address of the registrant's
12 registration shall remain unchanged. If the verification
13 notification is returned by the post office, the
14 commission shall direct a confirmation notice to the
15 registrant's address of former residence in accordance
16 with section 907(d)(2) 1901(D)(2). <--
17 (d) Prohibition.--An individual who is not a qualified
18 elector is ineligible to register to vote under this section.
19 (e) Effect.--Failure to properly complete a voter
20 registration application shall not affect the validity of an
21 application for a driver's license, a renewal application or an
22 identification card application.
23 (f) Use of information.--No information regarding a
24 declination to register to vote in connection with an
25 application made under this section may be used for any purpose
26 other than voter registration.
27 (g) Staff.--Agents and employees working on behalf of the
28 Department of Transportation assisting in the completion of
29 voter registration applications shall conduct themselves in a
30 manner consistent with the following principles:
19950H1212B2217 - 32 -
1 (1) They shall not seek to influence an applicant's
2 political preference or party registration or display
3 political preference or party allegiance.
4 (2) They shall not make a statement to an applicant or
5 take an action the purpose or effect of which is to
6 discourage the applicant from registering to vote.
7 (3) Applicants wishing to register to vote under this
8 section shall be given the same degree of assistance with the
9 voter registration application as with all other Department
10 of Transportation forms.
11 Agency employees who violate this subsection shall be removed
12 from employment, provided that the agency at its discretion may
13 impose a penalty of suspension without pay for at least 30 days,
14 but not more than 120 days, if it finds that the violation does
15 not warrant termination.
16 (h) Reimbursement.--The department shall reimburse the <--
17 Department of Transportation costs incurred in operating the
18 voter registration program, as determined in a memorandum of
19 understanding between the Department of Transportation and the
20 department.
21 Section 524. Application by mail.
22 (a) General rule.--An application to register to vote or to
23 change party enrollment or name or address on a current
24 registration may be submitted by voter registration mail
25 application in the manner set forth in this section. An
26 application may be submitted by mail or by representative to the
27 registration commission on an official mail registration
28 application, the form of which shall be determined and
29 prescribed by the secretary or the Federal Election Commission
30 pursuant to the National Voter Registration Act (Public Law 103-
19950H1212B2217 - 33 -
1 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
2 information required on the registration application and sign
3 the registration declaration.
4 (b) Time.--Registration under this section may be made at
5 any time. If a registration application is received by a
6 commission beyond the deadline for registration provided in
7 section 527 526, the application shall be retained by the <--
8 commission until the beginning of the next period during which
9 registration can be made.
10 (c) Military electors.--
11 (1) A military elector may apply at any time for
12 registration on an official registration application or any
13 form prescribed by the Federal Government for such purpose.
14 (2) The status of a military elector to register under
15 this section with respect to residence shall remain as the
16 same home residence status from which the elector is
17 qualified to register. If, at the time of leaving that home
18 address, the elector had not resided in this Commonwealth or
19 in a particular election district for a sufficient time to
20 have been entitled to be registered but, by continued
21 residence, would have become entitled to be registered, the
22 elector shall be entitled to be registered at the time the
23 elector would have been entitled to register had the elector
24 not left that home address but continued to reside there.
25 (3) The commission is authorized to consider a request
26 for an absentee ballot as a request for an official
27 registration application and to forward to the requester all
28 of the following:
29 (i) An absentee ballot and balloting material.
30 (ii) An official registration application.
19950H1212B2217 - 34 -
1 (4) The military elector must complete and file these
2 documents in accordance with the applicable provisions of the
3 act of June 3, 1937 (P.L.1333, No.320), known as the
4 Pennsylvania Election Code.
5 (5) THE RIGHT TO BE REGISTERED PURSUANT TO THIS <--
6 SUBSECTION SHALL NOT BE SUBJECT TO CHALLENGE FOR ANY REASON
7 OTHER THAN FAILURE TO HAVE FURNISHED THE COMMISSION A
8 PROPERLY COMPLETED REGISTRATION APPLICATION.
9 Section 525. Government agencies.
10 (a) General rule.--The secretary shall administer a system
11 whereby all offices in this Commonwealth that provide public
12 assistance, each county clerk of Orphan's Court, including each
13 Marriage License Bureau, all offices in this Commonwealth that
14 provide State-funded programs primarily engaged in providing
15 services to persons with disabilities and all armed forces
16 recruitment centers do all of the following:
17 (1) Distribute voter registration applications with each
18 application; reapplication; and application for
19 recertification, renewal or change of address.
20 (2) Assist applicants with completion of the
21 registration application unless assistance is refused.
22 (3) Accept completed registration applications.
23 (4) Transmit completed applications to the appropriate
24 registration commission.
25 (b) Forms.--An agency designated in subsection (a) shall
26 provide a form for office visits or, if the agency provides
27 services to persons with disabilities, for home visits which
28 contains all of the following:
29 (1) The question, "If you are not registered to vote
30 where you live now, would you like to apply to register to
19950H1212B2217 - 35 -
1 vote today?"
2 (2) If the agency provides public assistance, the
3 statement, "Applying to register or declining to register to
4 vote will not affect the amount of assistance that you will
5 be provided by this agency."
6 (3) Boxes for the applicant to check to indicate whether
7 the applicant would like to register or decline to register
8 to vote. In close proximity to the boxes the following words
9 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
10 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
11 TO VOTE AT THIS TIME."
12 (4) The statement, "In order to be qualified to register
13 to vote, you must be at least 18 years of age on the day of
14 the next election, you must have been a citizen of the United
15 States for at least one month PRIOR TO THE NEXT ELECTION and <--
16 have resided in Pennsylvania and the election district where
17 you plan to vote for at least 30 days prior to the next
18 election AND YOU MUST NOT HAVE BEEN CONFINED TO A PENAL <--
19 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE
20 YEARS."
21 (5) The statement, "If you would like help in filling
22 out the voter registration application form, we will help
23 you. The decision whether to seek help is yours. You may fill
24 out the form in private."
25 (6) Transmit each change of address to the appropriate <--
26 registration commission.
27 (7) (6) The statement, "If you believe that someone has <--
28 interfered with your right to register or to decline to
29 register to vote, your right to privacy in deciding whether
30 to register or in applying to register to vote, or your right
19950H1212B2217 - 36 -
1 to choose your own political party or other political
2 preference, you may file a complaint with the Secretary of
3 the Commonwealth, Pennsylvania Department of State,
4 Harrisburg, PA 17120." The secretary shall establish and
5 publish a toll-free telephone number for the purpose of
6 receiving complaints.
7 (c) Effect.--Failure to check either box under subsection
8 (b)(3) shall be considered a declination to register to vote.
9 (d) Staff.--Agency employees assisting in the completion of
10 voter registration applications shall conduct themselves in a
11 manner consistent with the following principles:
12 (1) They shall not seek to influence an applicant's
13 political preference or party registration or display
14 political preference or party allegiance.
15 (2) They shall not make any statement to an applicant or
16 take any action the purpose of or effect of which is to
17 discourage the applicant from registering to vote.
18 (3) They shall not make any statement to an applicant or
19 take any action the purpose or effect of which is to lead the
20 applicant to believe that a decision to register or not to
21 register has any bearing on the availability of services or
22 benefits.
23 Agency employees who violate this subsection shall be removed
24 from employment, provided that the agency at its discretion may
25 impose a penalty of suspension without pay for at least 30 days,
26 but not more than 120 days, if it finds that the violation does
27 not warrant termination.
28 (e) Encouraging registration.--An agency designated in
29 subsection (a) shall provide reasonable space for nonpartisan
30 signs or posters encouraging voter registration. The signs and
19950H1212B2217 - 37 -
1 posters shall be provided by the secretary.
2 (f) Transmission.--An agency designated in subsection (a)
3 shall forward all completed registration applications to the
4 appropriate registration commission within ten days after the
5 date of receipt. If a voter registration application is received
6 within five days before the last day to register before an
7 election, the application shall be transmitted to the
8 appropriate commission not later than five days after the date
9 of its receipt by the agency.
10 (g) Confidentiality.--The identity of the voter registration
11 agency through which any particular voter is registered in
12 accordance with this section shall not be disclosed to the
13 public.
14 (h) Use of information.--No information relating to a
15 declination to register to vote in connection with an
16 application made at an office described in this section may be
17 used for any purpose other than voter registration.
18 (i) Assistance.--Each agency shall provide to each applicant
19 who chooses to register to vote the same degree of assistance
20 with regard to the completion of the registration application
21 form as is provided by the office with regard to the completion
22 of its own forms, unless the applicant refuses such assistance.
23 (j) Regulation.--The secretary shall promulgate regulations
24 regarding the maintenance and destruction of forms used pursuant
25 to this section.
26 Section 526. Time.
27 (a) General rule.--Except as provided in subsection (b),
28 each registration commission, commissioners and registrars or
29 clerks appointed by the commission shall receive, during
30 ordinary business hours and during additional hours as the
19950H1212B2217 - 38 -
1 commission prescribes, at the office of the commission and at
2 additional places as the commission designates, applications
3 from individuals who appear and claim that they are entitled to
4 be registered as electors of a municipality.
5 (b) Deadlines.--In the administration of voter registration,
6 each commission shall ensure that any eligible applicant is
7 registered to vote in an election when the applicant has met any
8 of the following conditions:
9 (1) In the case of voter registration with a motor
10 vehicle driver's license application under section 523, if
11 the valid voter registration application is submitted to the
12 appropriate Department of Transportation office not later
13 than 30 days before the date of the election.
14 (2) In the case of registration by mail under section
15 524, if the valid voter registration mail application is
16 postmarked not later than the deadline to register for the
17 ensuing election or, in the case of an illegible or missing
18 postmark, it is received not later than five days after the
19 deadline to register for the ensuing election.
20 (3) In the case of voter registration at a voter
21 registration agency under section 525, if the valid voter
22 registration application is accepted at the voter
23 registration agency not later than 30 days before the date of
24 the election.
25 (4) In any other case, if the valid voter registration
26 application of the applicant is received by the appropriate
27 commission not later than 30 days before the election.
28 (c) Special rules.--
29 (1) In the case of a special election within a
30 congressional, senatorial or representative district held on
19950H1212B2217 - 39 -
1 a day other than the day of a primary, general or municipal
2 election, the registration application forms shall not be
3 processed in the wards and election districts comprising the
4 district for the 30 days prior to the special election for
5 such election.
6 (2) No applications shall be received as follows:
7 (i) On Sundays.
8 (ii) On holidays.
9 (iii) On the day of the election.
10 (iv) During the 30 days next preceding each
11 general, municipal and primary election, except as
12 provided in subsection (b).
13 Section 527. Preparation and distribution of applications.
14 (a) Form.--
15 (1) The secretary shall prescribe the form of official
16 voter registration application. The official voter
17 registration application shall provide space for the
18 following information about the applicant:
19 (i) Full name.
20 (ii) Address of residence. If the residence is a
21 portion only of the house, the location or number of the
22 room, apartment or floor which is occupied.
23 (iii) Mailing address if different than address of
24 residence.
25 (iv) Name and residence address on previous
26 registration and the year of that registration.
27 (v) Designation of political party, for the purpose
28 of voting at a primary election.
29 (vi) Date of birth.
30 (vii) Telephone number. An application shall not be
19950H1212B2217 - 40 -
1 rejected because of noncompliance with this subparagraph.
2 (viii) Race. An application shall not be rejected
3 because of noncompliance with this subparagraph.
4 (2) Data required on the voter registration application
5 shall not be more nor less than the minimum data elements
6 permissible for Federal voter registration.
7 (3) Any person who assists in the completion of the
8 registration application shall sign the application and
9 indicate the person's address. In the case of those
10 registering under sections 523 and 525, the person providing
11 assistance shall insert the person's initials or employee or
12 agent identification number on a separate or detachable
13 portion of the application or computer data file.
14 (4) A voter registration application shall be printed on
15 stock of good quality and shall be of suitable uniform size.
16 Nothing in this act shall prohibit the design and use of an
17 electronic voter registration application which includes the
18 applicant's digitized signature. The registration application
19 shall contain the following information; however, the
20 information may be provided on a separate form for voter
21 registration made under section 523 or 525:
22 (i) Notice that an individual currently registered
23 does not need to re-register unless the individual has
24 moved.
25 (ii) Instructions on how to fill out and submit the
26 application and notification of when the application must
27 be submitted to a voter registration office in order to
28 be registered for the ensuing election.
29 (iii) Notice that the registrant must be a citizen
30 of the United States for at least one month PRIOR TO THE <--
19950H1212B2217 - 41 -
1 NEXT ELECTION and a resident of this Commonwealth and the
2 election district for at least 30 days and must be at
3 least 18 years of age by the day of the next ensuing
4 election AND HAS NOT BEEN CONFINED IN A PENAL INSTITUTION <--
5 FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE YEARS.
6 The notice required in this subparagraph shall be in
7 print identical to the declaration under subsection (b).
8 (iv) Notice that political party enrollment is
9 mandatory to vote in a primary election of a political
10 party.
11 (v) Notice that the commission will mail by
12 nonforwardable mail to the applicant a voter's
13 identification card upon acceptance of the application
14 and that the registrant should contact the commission if
15 the identification card is not received within 14 days
16 from the date the application is sent to the registration
17 office.
18 (vi) Notice that registration is not complete until
19 the application is processed and accepted by the
20 commission.
21 (vii) A warning to the registrant that making a
22 false registration or furnishing false information is
23 perjury. The notice required in this subparagraph shall
24 be in print identical to the declaration under subsection
25 (b).
26 (viii) Instructions to Federal or State employees
27 who wish to retain voting residence in county of last
28 residence to so indicate on the application.
29 (ix) Notice that if an applicant declines to
30 register to vote, the fact that the applicant has
19950H1212B2217 - 42 -
1 declined to register will remain confidential and will be
2 used only for voter registration purposes. The notice
3 required in this subparagraph shall be in print identical
4 to the declaration under subsection (b).
5 (x) Notice that, if an applicant does register to
6 vote, the office at which the applicant submits a voter
7 registration application will remain confidential and
8 will be used for voter registration purposes only. The
9 notices required in this subparagraph shall be in print
10 identical to the declaration in subsection (b).
11 (5) The official voter registration application may be
12 designed in a manner to be inserted in the district register
13 or for transfer to a registration card to be placed in the
14 district register.
15 (6) In jurisdictions where there is a single language
16 minority, the secretary may print a bilingual application.
17 (7) In jurisdictions where a single language minority
18 exceeds 5% of the population, the secretary shall:
19 (i) print a bilingual application; and
20 (ii) conduct a public educational program among that
21 language group alerting both organizations and
22 individuals of that group of the availability of the
23 bilingual application and encouraging unregistered voters
24 to register.
25 (8) To implement section 524, the secretary shall print
26 an official voter registration mail application designed to
27 preserve the confidentiality of the information required to
28 be submitted. The application shall contain information
29 required by this section and shall include the name of each
30 county seat, its post office mailing address and zip code and
19950H1212B2217 - 43 -
1 its telephone number. Voter registration mail applications
2 shall contain information indicating whether the application
3 is a new registration, change of party enrollment, change of
4 address or change of name.
5 (9) Nothing in this act shall prohibit a private
6 organization or individual from printing blank voter
7 registration applications or shall prohibit the use of such
8 applications by any other individual. Provided that the form,
9 content and paper quality of such voter registration
10 application complies with department regulations for the
11 forms or has received prior approval from the secretary.
12 (b) Registration declaration.--
13 (1) The official voter registration application shall
14 contain a registration declaration. On the declaration, the
15 applicant shall state all of the following:
16 (i) The applicant has been a citizen of the United
17 States for at least one month PRIOR TO THE NEXT ELECTION. <--
18 (ii) On the day of the next ensuing election, the
19 applicant shall be at least 18 years of age.
20 (iii) On the day of the next ensuing election, the
21 applicant shall have resided in this Commonwealth and in
22 the election district for at least 30 days.
23 (IV) THE APPLICANT HAS NOT BEEN CONFINED IN A PENAL <--
24 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST
25 FIVE YEARS.
26 (iv) (V) The applicant is legally qualified to vote. <--
27 (2) The applicant shall affirm all of the following:
28 (i) The information provided in the registration
29 declaration is true.
30 (ii) The applicant understands that:
19950H1212B2217 - 44 -
1 (A) the registration declaration will be
2 accepted for all purposes as the equivalent of an
3 affidavit; and
4 (B) if the registration contains a material
5 false statement, the applicant shall be subject to
6 penalties for perjury.
7 (3) The registration declaration shall contain the
8 printed name and signature of the applicant and the date of
9 signing. An applicant unable to sign the voter registration
10 application shall make a mark before a person of the
11 applicant's choice other than the applicant's employer or an
12 agent of the applicant's union. Such person shall insert the
13 person's name, address and telephone number. If such person
14 is an employee or agent of the Department of Transportation
15 or another agency, as provided under section 525, and is
16 assisting the applicant in an official capacity, such
17 employee or agent shall insert the initials and
18 identification number of the employee or agent. In the case
19 of applicants registering under section 523 or 525, the
20 person providing assistance shall insert initials or employee
21 or agent identification number on a separate or detachable
22 portion of the application or computer data file.
23 (4) The official registration application shall contain
24 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
25 notice shall advise the applicant that, if a person signs an
26 official registration application knowing a statement
27 declared in the application to be false, the person commits
28 perjury. The notice shall specify the penalty for perjury.
29 (c) Distribution.--
30 (1) The secretary shall supply official registration
19950H1212B2217 - 45 -
1 applications to commissions.
2 (2) The secretary shall administer a program whereby <--
3 MAKE AVAILABLE FOR DISTRIBUTION OFFICIAL VOTER REGISTRATION <--
4 APPLICATIONS TO public libraries, public schools, State-
5 related institutions of higher education, offices operated by
6 the Department of Revenue, offices operated by the Department
7 of Aging, area agencies on aging, all offices in the <--
8 Commonwealth that provide unemployment compensation, offices
9 operated by the Pennsylvania Game Commission or any of its
10 authorized license-issuing agents, offices operated by the
11 Pennsylvania Fish and Boat Commission or any of its issuing
12 agents, and offices that provide unemployment compensation.
13 do all of the following: <--
14 (3) EACH PARTICIPATING AGENCY IDENTIFIED UNDER PARAGRAPH <--
15 (2) SHALL:
16 (i) Ensure PROVIDE that official voter registration <--
17 mail applications are available on the premises and
18 displayed prominently in a conspicuous location during
19 normal business hours.
20 (ii) Provide an official voter registration mail
21 application to any individual requesting one.
22 (iii) Provide reasonable space for nonpartisan signs
23 or posters indicating the availability of official voter
24 registration mail applications on the premises.
25 (3) (4) The secretary may provide technical assistance <--
26 to commissions upon request AND AGENCIES DESIGNATED UNDER <--
27 PARAGRAPH (2).
28 (4) (5) The secretary shall print and distribute mail <--
29 registration applications which are not postage paid and
30 which shall not be specific to any county registration
19950H1212B2217 - 46 -
1 office. Along with the distribution of such applications, the
2 secretary shall also include instructions to inform the
3 applicant where the application is to be sent. Such an <--
4 application shall contain a notice that an application is
5 available from the commission.
6 (5) (6) The secretary and commissions shall supply <--
7 applications to all of the following:
8 (i) Persons and organizations who request
9 applications.
10 (ii) Federal, State and political subdivision
11 offices.
12 (iii) Political parties and political bodies.
13 (iv) Candidates.
14 (d) Staff.--Agency employees assisting in the distribution
15 of voter registration applications under subsection (c) shall
16 conduct themselves in a manner consistent with the following
17 principles:
18 (1) They shall not seek to influence an applicant's
19 political preference or party registration or display
20 political preference or party allegiance.
21 (2) They shall not make any statement to an applicant or
22 take any action the purpose of or effect of which is to
23 discourage the applicant from registering to vote.
24 (3) They shall not make any statement to an applicant or
25 take any action the purpose or effect of which is to lead the
26 applicant to believe that a decision to register or not to
27 register has any bearing on the availability of services or
28 benefits.
29 Agency employees who violate this subsection shall be removed
30 from employment, provided that the agency at its discretion may
19950H1212B2217 - 47 -
1 impose a penalty of suspension without pay for at least 30 days,
2 but not more than 120 days, if it finds that the violation does
3 not warrant termination.
4 Section 528. Approval of registration applications.
5 (a) Examination.--
6 (1) Official registration applications submitted to a
7 registration commission shall be examined by the commissioner
8 or a clerk or registrar upon receipt.
9 (2) If the official voter registration application
10 submission is in person, the application shall be attested
11 and dated by the commissioner, clerk or registrar.
12 (3) Upon receipt of any other voter registration
13 application, the commission shall make an entry of the date
14 received on the application. If the applicant does not reside
15 within the commission's county, but resides elsewhere in this
16 Commonwealth, the commission shall forward the application
17 card to the proper commission and make a record of the
18 forwarding.
19 (b) Decision.--
20 (1) If the commission finds the official registration
21 application not properly completed, the application shall be
22 rejected. The commission should make reasonable efforts to
23 complete the registration before rejecting it for omissions
24 and inconsistencies. If the commission rejects an application
25 under this paragraph, it shall indicate "REJECTED" on the
26 application and state there the reason for rejection and
27 notify the applicant by first class nonforwardable mail,
28 return postage guaranteed.
29 (2) If the official registration application contains
30 the required information indicating that the applicant is
19950H1212B2217 - 48 -
1 legally qualified to register as stated in the application,
2 the commission shall mail to the applicant a voter's
3 identification card in accordance with subsection (d)(1).
4 (3) For an application for a transfer of registration or
5 a change in address or name, if the application contains the
6 required information and the applicant is legally qualified
7 to transfer registration or change name or address as stated
8 in the application, the commission shall make the transfer or
9 change. If the commission suspects that the applicant is not
10 entitled to transfer registration or to change name or
11 address, the commission may investigate. If the commission
12 finds that the applicant is not entitled to the transfer or
13 change, the application shall be rejected. The applicant
14 shall be notified of the rejection and the reason for it.
15 Rejection shall be made no later than ten days before the
16 election succeeding the filing of the application.
17 (c) Result.--If an application is designed to serve as a
18 registration card, the accepted application of an elector may
19 serve as the elector's official registration card, if it was so
20 designed, and shall be filed in the office of the commission in
21 accordance with Chapter 7. If the application is not designed to
22 serve as a registration card, the information contained on the
23 application, including the elector's signature, shall be
24 transferred to the registration card. If a commission utilizes a
25 signature digitization list, it shall transfer all information
26 contained on the application, including the signature, to the
27 registry or, until the registry is established, to a computer
28 file. Applicants for registration shall be challenged under
29 section 529.
30 (d) Disposition.--
19950H1212B2217 - 49 -
1 (1) When the registration of an elector has been finally
2 processed under subsection (b)(2), the commission shall
3 transmit to the applicant by first-class nonforwardable mail
4 a wallet-sized voter's identification card, which shall serve
5 as notice to the applicant of the disposition of the
6 application. The card shall contain all of the following:
7 (i) Name and address of the elector.
8 (ii) Name of municipality.
9 (iii) Identification of elector's ward and district.
10 (iv) Effective date of registration.
11 (v) Designation of party enrollment and date of
12 enrollment.
13 (vi) A space for the elector's signature or mark.
14 (vii) A statement that the card relates only to the
15 time of issuance of the card and is not of itself
16 evidence or proof of the qualifications of the elector to
17 vote at an election or proof of identification for
18 purposes of applying for or receiving general assistance
19 and that it is not necessary to present the card when
20 voting. The statements required by this subparagraph
21 shall be placed on the reverse side of the card from
22 where all of the other information required by this
23 paragraph is placed.
24 (2) The carrier envelope in which the identification
25 card is enclosed shall contain on the outside a request to
26 the postmaster to return it within five days if it cannot be
27 delivered to the addressee at the address given.
28 (3) No registration application shall be deemed to be
29 accepted until ten days after the voter's identification card
30 has been mailed. Upon return by the post office of an
19950H1212B2217 - 50 -
1 identification card under paragraph (2) which the post office
2 is unable to deliver at the given address, the commission
3 shall investigate. If the commission finds that the applicant
4 is not qualified to register from such address, the
5 commission shall reject the application of the applicant and
6 shall notify the applicant by first class forwardable mail of
7 this action.
8 (4) If the applicant discloses that the elector's last
9 residence address upon registration was a location within
10 another county, the commission shall direct a cancellation
11 notice to the commission of that county. This cancellation
12 notice shall be in a form approved by the secretary in
13 substantially the following form:
14 Date .........................
15 Office of the Registration Commission
16 ................ County, Pennsylvania
17 Cancellation of Previous Registration
18 Name .................................., whose date of
19 birth is ..........................., has now registered
20 as an elector in........................ County,
21 Pennsylvania. Our records indicate that this registrant
22 was previously registered in the County of
23 ............................., Pennsylvania, at the
24 following address ...............................
25 ............................
26 Chief Clerk
27 Section 529. Challenges.
28 (a) Standing.--An individual claiming the right to be
29 registered may be challenged by a commissioner, registrar or
30 clerk or by a qualified elector of the municipality.
19950H1212B2217 - 51 -
1 (b) Complaint.--To make a challenge, a complainant must file
2 a challenge affidavit in a form prescribed by the secretary
3 containing the following information:
4 (1) Name of challenged individual.
5 (2) Address of challenged individual.
6 (3) Name of complainant.
7 (4) Address of complainant.
8 (5) Date of affidavit.
9 (6) Reason for challenge.
10 (c) Response.--An individual who is challenged must respond
11 to the challenge affidavit as set forth in subsection (b) in a
12 written statement sworn or affirmed by the individual. The
13 challenged individual must produce such other evidence as may be
14 required to satisfy the registrar or commissioner as to the
15 individual's qualifications as an elector.
16 (d) Resolution.--If the challenged individual establishes,
17 to the satisfaction of the commission, the right to be
18 registered as required by this act, the challenged individual
19 shall be registered.
20 Section 530. Appeals.
21 (a) Right.--An individual whose application to be registered
22 has been denied may file with the registration commission a
23 petition to be registered, setting forth the grounds of the
24 petition under oath or affirmation. The petition must be filed
25 by the 15th day prior to an election.
26 (b) Hearing.--
27 (1) The commission shall fix a time for a public hearing
28 at its office not later than the tenth day prior to the
29 election.
30 (2) The commission shall give the person responsible for
19950H1212B2217 - 52 -
1 the rejection 48 hours' notice of the hearing.
2 (3) At the hearing, a clerk, inspector of registration
3 or qualified elector of the county may offer evidence as to
4 why the petitioner should not be registered.
5 (4) The commission, if satisfied that the petitioner is
6 entitled to be registered, shall direct registration.
7 CHAPTER 7
8 RECORDS
9 Section 701. General register.
10 (a) Original registration cards.--If a commission uses the
11 original registration cards for registered electors in the
12 county as the district register, the duplicate registration
13 cards or photocopies of the original registration cards shall be
14 placed in exact alphabetical order by last name of the
15 registrant, shall be indexed and shall be kept at the office of
16 the registration commission in a manner as to be properly
17 safeguarded. These cards constitute the general register of the
18 county. They may not be removed from the office of the
19 commission except upon order of a court of record. Nothing in
20 this act shall preclude the use of duplicate registration cards
21 from applications provided under the act of March 30, 1937
22 (P.L.115, No.40), known as The First Class City Permanent
23 Registration Act, or the act of April 29, 1937 (P.L.487,
24 No.115), known as The Permanent Registration Act for Cities of
25 the Second Class, Cities of the Second Class A, Cities of the
26 Third Class, Boroughs, Towns, and Townships.
27 (b) Digitized signature lists.--If a commission uses
28 digitized signature lists as the district register, the original
29 registration cards shall be placed in exact alphabetical order
30 by last name of the registrant, indexed and kept at the office
19950H1212B2217 - 53 -
1 of the commission in a manner as to be properly safeguarded.
2 These original cards constitute the general register of the
3 county. They may not be removed from the office of the
4 commission except upon order of a court of record. The
5 commission shall safely retain all registration cards used in
6 the registration of electors or in conducting an election. If a
7 commission has the capability to accept an electronic
8 application, the secretary may require the commission to produce
9 a computer-generated card to file in the general register. If
10 the commission finds a record for a registrant on the computer
11 data base which is not contained in the general register, it
12 shall replace the original card with a computer-generated
13 duplicate card upon written permission from the registrant or
14 upon order of a court of record.
15 (c) Duplicate files.--If the commission deems a duplicate
16 file of registration cards necessary for administrative
17 purposes, the commission may prepare a reproduction in
18 compliance with the following:
19 (1) The registration form shall be photographed,
20 microphotographed or reproduced in a manner approved for
21 permanent records by the secretary.
22 (2) The device used to reproduce the card is one which
23 accurately reproduces the original in all details.
24 (3) The photographs, microphotographs or other
25 reproductions are open to public inspection and provision is
26 made for preserving, examining and using them.
27 Section 702. District registers.
28 (a) Registration card file.--
29 (1) Except as provided in subsection (b) and in section
30 701(b), the original registration cards shall be filed by
19950H1212B2217 - 54 -
1 election districts in exact alphabetical order by last name
2 of the registrant and shall be indexed.
3 (2) The cards constitute the district register.
4 (3) The commission shall provide binders, which are
5 capable of being locked, for filing and indexing the
6 registration cards. The keys to the binders shall at all
7 times be retained by the commission.
8 (4) The district register shall be kept at the office of
9 the commission, except as provided in subsection (b), and
10 shall be open to public inspection, subject to reasonable
11 safeguards and regulations.
12 (b) Computer lists.-- <--
13 (1) Prior to full implementation of the Statewide
14 central registry under section 301, instead of using
15 registration cards as the district register as provided in
16 subsection (a), a commission may use a computer list or
17 computer-generated cards containing the registered electors
18 arranged by election district, alphabetically by last name of
19 the registrant.
20 (2) After the full implementation of the Statewide
21 central registry under section 301, instead of using original
22 registration cards as the district register as provided in
23 subsection (a), a commission shall use a computer list or
24 computer-generated cards in a format as prescribed by the
25 secretary by regulation.
26 (3) The computer list or computer-generated cards must
27 be in a form prescribed by the secretary and must contain
28 necessary information that would otherwise be available on
29 the registration cards, including a legible digitized
30 signature of the registrant copied from the signature on the
19950H1212B2217 - 55 -
1 registration card. The district election officials shall have
2 computer printouts at the polling places containing the
3 necessary information needed to verify the identity of the
4 elector. The digitized signature list shall be open to public
5 inspection, subject to reasonable safeguards, rules and
6 regulations.
7 (4) A commission may, during systems conversion periods
8 or emergency conditions, provide for a district register
9 containing the original registration cards. The following
10 apply:
11 (i) The original registration cards shall be filed
12 by election district, in one of the following orders, as
13 determined by the commission:
14 (A) Exact alphabetical order by last name of
15 registrant.
16 (B) Order in which registrants' residences
17 appear upon the streets of the election district, in
18 exact alphabetical order by last name of registrant
19 for each residence.
20 (ii) The district register containing registration
21 cards shall be kept at the office of the commission and
22 shall be open for public inspection, subject to
23 reasonable safeguards and regulations and to the
24 provisions of this act.
25 (c) (B) Currency.--It is the duty of the commission to <--
26 compare and correct the general register and district registers
27 to ensure their accuracy. By noon of the third day preceding an
28 election, the commission shall have the district register for
29 each election district and the registry accurately corrected to
30 date.
19950H1212B2217 - 56 -
1 (d) (C) Delivery.--The commission shall deliver, in the <--
2 manner required by law for delivery of election materials, the
3 district register to the election officers for use on election
4 day.
5 (e) (D) Form.--District registers shall be enclosed within a <--
6 case or container and shall be locked and sealed by the
7 commission before delivery. The district register shall have
8 printed or written thereon the words "District Register of
9 Voters" and the district and ward, if any.
10 (f) (E) Examination.--Immediately following each election, <--
11 the commission shall cause each district register to be
12 examined. The commission specifically shall compare the
13 signature of each elector on each voter's certificate with his
14 signature in the district register and shall report in writing
15 to the district attorney any evidence or indication of probable
16 fraud, impersonation or forgery which may appear to the
17 commission by reason of the comparison. In the case of any
18 elector whom the election officers shall have recorded as
19 removed, deceased, or challenged and prevented from voting, the
20 commission shall ascertain the facts and shall correct the
21 general and district registers in accordance with Chapter 9.
22 Section 703. Street lists.
23 (a) Preparation.--Commencing not later than the 15th day
24 prior to each election, the registration commission shall
25 prepare for each election district a list of the names and
26 addresses of all registered electors as of that date resident in
27 the district. The list may not include the digitized signature
28 of a registered voter. The list shall be arranged in one of the
29 following manners:
30 (1) By streets and house numbers.
19950H1212B2217 - 57 -
1 (2) Alphabetically by last name of registrant.
2 (3) In a manner whereby the location of the elector's
3 residence can be identified.
4 (b) Copies.--The commission shall retain two copies of the
5 list under subsection (a) on file at its office. These copies
6 shall be available for public inspection during business hours,
7 subject to reasonable safeguards and regulations.
8 (c) Distribution.--The commission shall distribute the list
9 under subsection (a) upon request as follows:
10 (1) To officials concerned with the conduct of
11 elections.
12 (2) To political parties and political bodies.
13 (3) To candidates.
14 (d) Organizations.--The commission may, for a reasonable fee
15 approved by the secretary, distribute the list under subsection
16 (a), to organized bodies of citizens.
17 Section 704. Public information lists.
18 (a) Establishment.--
19 (1) The registration commission may and, once a registry <--
20 is established, shall provide for computer inquiries
21 concerning individual registered voters. With respect to each
22 voter who is the subject of an inquiry, the information
23 provided shall contain the name, address, date of birth and
24 voting history. Upon request, the commission shall supply a
25 printed record for each such voter subject to the provisions
26 of this act. In addition, the commission may make available
27 for inspection a printed or computerized public information
28 list containing the name, address, date of birth and voting
29 history of each registered voter in the county.
30 (2) The list may also include information on voting
19950H1212B2217 - 58 -
1 districts.
2 (3) The list may not contain the digitized signature of
3 the elector.
4 (b) Access.--
5 (1) The secretary may promulgate reasonable regulations
6 governing access to the list.
7 (2) No individual inspecting the list may tamper with or
8 alter it.
9 (3) No individual who inspects the list or who acquires
10 names of registered voters from the list may use information
11 contained in the list for purposes unrelated to elections,
12 political activities or law enforcement. Before inspecting
13 the list or obtaining names of voters or other information
14 from the list, the individual must provide identification to
15 the public official having custody of the public information
16 list and must state in writing that any information obtained
17 from the list will not be used for purposes unrelated to
18 elections, political activities or law enforcement.
19 (c) Copies.--
20 (1) The commission shall provide paper copies of the
21 public information lists and may provide copies in some other
22 form to any voter registered in this Commonwealth within ten
23 days of receiving a written request accompanied by payment of
24 the cost of reproduction and postage. The cost of the copies
25 shall be determined by the office providing copies.
26 (2) An individual who inspects or acquires a copy of a
27 public information list may not use any information contained
28 in it for purposes unrelated to elections, political
29 activities or law enforcement.
30 Section 705. Retention of records.
19950H1212B2217 - 59 -
1 (a) Computer lists.--Each commission shall preserve computer
2 lists used as district registers for five years.
3 (b) Records.--
4 (1) The department and each commission shall preserve
5 for two years and shall make available for public inspection
6 and, where available, photocopying at a reasonable cost, all
7 records concerning the implementation of programs and
8 activities conducted for the purposes of ensuring the
9 accuracy and currency of official lists of eligible voters,
10 except to the extent that the records relate to a declination
11 to register to vote or to the identity of a voter
12 registration agency through which any particular voter is
13 registered.
14 (2) The records preserved under paragraph (1) shall
15 include lists of the names and addresses of all individuals
16 to whom notices described in section 901 are sent, and
17 information concerning whether or not the individual has
18 responded to the notice as of the date that inspection of the
19 record is made.
20 Section 706. Reports.
21 (a) Commission.--By March 1, the commission shall submit to
22 the secretary an annual report setting forth the number of
23 electors registered under sections 522, 523, 524 and 525. The
24 report shall specify the number of electors whose registration
25 has been canceled under Chapter 9 and any other information
26 required by the secretary.
27 (b) Secretary.--The secretary shall submit an annual report
28 to the General Assembly by June 30 assessing the impact of this
29 act on the administration of elections during the preceding year
30 and including recommendations for improvements to procedures,
19950H1212B2217 - 60 -
1 forms and other matters affected by this act.
2 CHAPTER 9
3 CHANGES IN RECORDS
4 Section 901. Removal notices.
5 (a) Form.--
6 (1) The commission shall make removal notices available
7 to electors who are registered in the county.
8 (2) The notice shall be printed upon cards suitable for
9 mailing, addressed to the office of the commission. The
10 notice shall provide the following information:
11 (i) The address of present residence, including
12 municipality.
13 (ii) The address of last registration, including
14 municipality.
15 (iii) Date of removal to present residence.
16 (iv) Signature.
17 (3) The notice shall contain a statement that the
18 elector may, by filling out properly and signing a removal
19 notice and returning it to the office of the commission,
20 secure the transfer of registration, effective as to
21 elections at least 30 days after the date of removal into the
22 new district.
23 (4) The notice shall contain a warning to the elector
24 that the notice will not be accepted as an application for
25 transfer of the elector's registration unless the signature
26 thereon can be identified by the commission as the elector's
27 signature as it appears on file with the commission.
28 (5) The notice shall contain a warning to the elector
29 that the notice must be received by the commission not later
30 than 30 days before the election. If mailed, the notice must
19950H1212B2217 - 61 -
1 be postmarked not later than the deadline for registration
2 or, in the case of an illegible or missing postmark, received
3 within five days of the close of registration.
4 (b) Use.--An elector who removes residence from one place to
5 another within the same county must notify the commission by
6 filing a removal notice under subsection (a), or a signed
7 request for renewal that contains the information required in
8 subsection (a), with the commission not later than the
9 registration deadline before the election. If mailed, the notice
10 or request must be postmarked not later than the deadline for
11 registration or, in the case of an illegible or missing
12 postmark, received within five days of the close of
13 registration. The following apply:
14 (1) An official registration application of an elector
15 who has registered by mail qualifies as a removal notice.
16 (2) An elector who removes residence from one place to
17 another within the same county and who has not yet filed a
18 removal notice with the commission shall be permitted to vote
19 at the election next following removal if, at the time of
20 signing voter's certificate, the elector files with the judge
21 of election a signed removal notice properly filled out.
22 Removal notices under this paragraph shall be returned to the
23 commission with the voting check list, and the commission
24 shall proceed to transfer the registration of the electors
25 under section 902.
26 Section 902. Transfer of registration.
27 (a) General rule.--Upon timely receipt of notification of
28 removal under section 901(b), the registration commission shall
29 proceed as follows:
30 (1) The signature on the notification document shall be
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1 compared with the signature of the elector as it appears on
2 file with the commission.
3 (2) If the signature appears authentic, the commission
4 shall enter the change of residence on the registration card
5 of the elector in the general register and district register
6 and shall transfer the registration card of the elector from
7 the district register of the election district of previous
8 residence to the district register of the election district
9 of new residence.
10 (3) If a request for transfer which is determined to be
11 authentic under paragraph (2) shows a removal within the
12 period of 30 days preceding an election, the commission,
13 after such election, shall enter the change of residence on
14 the registration card of the elector in the general register
15 and district register and shall transfer the registration
16 card of the elector from the district register of the
17 election district of previous residence. The commission shall
18 advise the elector promptly in writing of its action.
19 (b) Electors unable to write.--An elector who is unable to
20 sign the notification document may affix a mark to the
21 notification document. The mark must be affixed in the presence
22 of a witness, who must sign the notification document.
23 Section 903. Change of enrollment of political party.
24 By the deadline for registration, a registered voter who
25 desires to change the enrollment of political designation or
26 who, although registered, has not previously enrolled as a
27 member of a party may appear before a commissioner, registrar or
28 clerk or may submit an application by mail under section 524 and
29 state in a signed writing the political party in which the voter
30 desires to be enrolled. If the signature of the elector is
19950H1212B2217 - 63 -
1 verified by comparison with the elector's signature as it
2 appears on file with the commission, the commissioner, registrar
3 or clerk shall make the change in the general register and
4 district register. If supported by other evidence of identity, a
5 mark may be made in lieu of a signature by an elector who is
6 unable to write. The mark must be made in the presence of a
7 witness, who must sign the registration application.
8 Section 904. Physical disability.
9 (a) Eligibility.--If an elector is unable to see or mark the
10 ballot or operate the voting machine or to enter the voting
11 compartment or voting machine booth without assistance, the
12 following apply:
13 (1) The elector may, at least ten days prior to the next
14 election, personally make application to the commission or a
15 registrar or a clerk.
16 (2) The application must request the entry of the exact
17 nature of the disability on the elector's registration card.
18 (3) The commission shall make the entry as appropriate.
19 (4) If the disability is not entered on the registration
20 card, the elector may receive assistance if the elector
21 completes a declaration in the polling place. under section <--
22 1218 of the act of June 3, 1937 (P.L.1333, No.320), known as
23 the Pennsylvania Election Code.
24 (b) Termination.--If the commission ascertains that an
25 elector who has declared need for assistance is no longer in
26 need of assistance, it shall cancel on the registration card the
27 entry relating to illiteracy or physical disability which
28 authorized assistance. The commission shall notify the elector
29 by mail of its action.
30 Section 905. Department of Health.
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1 The registration commission shall cancel the registration of
2 a registered elector reported dead by the Department of Health.
3 The Department of Health shall, within 60 days of receiving
4 notice of the death of an individual 18 years of age or older,
5 send the name and address of residence of that individual to the
6 commission on a form prescribed by the department. An individual
7 incorrectly reported deceased by the Department of Health may
8 appear in person before a commissioner, registrar clerk, at the
9 office of the commission, and prove identity. The commission,
10 upon such proof, shall correct its records.
11 Section 906. Residence monitoring. <--
12 (a) Municipalities.--Subject to the provisions of this act,
13 municipal officers and agencies and public utility corporations
14 furnishing electricity, gas, water or steam to householders in a
15 municipality shall report in writing to the registration
16 commission, upon the request of the commission and upon forms
17 supplied by the commission, all cases of discontinuance of
18 service to residences. The report shall include, if known, the
19 name of the person who contracted for service and the addresses
20 to which that person has removed.
21 (b) Real estate brokers and rental agents.--Subject to the
22 provisions of this act, real estate brokers and rental agents
23 shall report in writing to the commission, upon the request of
24 the commission, all cases of residence property managed by them
25 which have been vacated by the tenant. The report shall include,
26 if known, the name of the tenant and the address to which the
27 tenant has removed.
28 (c) Commission.--For each registered elector identified from
29 a report under subsection (a) or (b), the commission shall take
30 action under section 907.
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1 Section 907. Removal of voters.
2 (a) Removal of elector's registration record.--Commissions
3 shall institute a program to protect the integrity of the
4 electoral process and to ensure the maintenance of accurate and
5 current voter registration records. The program shall be
6 uniform, nondiscriminatory and in compliance with the Voting
7 Rights Act of 1965 (Public Law 89 110, 42 U.S.C. Sec. 1973, et
8 seq.) An elector's registration shall not be canceled except as
9 follows:
10 (1) At the request of the elector.
11 (2) Upon the death of the elector under section 905.
12 (3) Upon confirmation that the elector has moved to a
13 residence outside the county.
14 (4) Under a voter removal program as provided for under
15 subsection (b).
16 (b) Voter removal program.--
17 (1) The commission shall establish a program to identify
18 electors whose address may have changed by establishing one
19 of the following programs:
20 (i) National change of address. The secretary shall
21 establish by regulation a program whereby information
22 supplied by the United States Postal Service through its
23 licensees is used on a periodic basis, but not less than
24 once every calendar year, to identify electors who may
25 have changed addresses. The information shall be
26 incorporated in the administration of the Statewide
27 central registry and shall be forwarded to the
28 commissions in a manner determined by the secretary by
29 regulation.
30 (A) If it appears from the information provided
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1 through the United States Postal Service that an
2 elector has moved to a different residence address
3 within the same county as the elector is currently
4 registered, the commission shall change the
5 registration records to show the new address and
6 shall send the elector to the address recorded on the
7 elector's registration a notice of the change of
8 address by forwardable mail and a postage prepaid
9 preaddressed return form by which the elector may
10 verify or correct the address information.
11 (B) If it appears from the information provided
12 through the United States Postal Service that an
13 elector has moved to a different residence address
14 outside the county, the commission shall use the
15 notice procedure described in clause (A).
16 (ii) Confirmation mailing:
17 (A) A commission may establish a program by
18 sending a direct, nonforwardable first class "return
19 if undeliverable - address correction requested"
20 mailing to all registered electors in the county.
21 (B) If this program is established, the
22 commission shall use the notice procedure described
23 in subparagraph (i)(A) for any elector whose mailing
24 is returned undeliverable.
25 (2) In conjunction with, and not as an alternative to, a
26 program established under paragraph (1), a canvass may be
27 used as follows:
28 (i) The registration commission may, by
29 commissioners or by inspectors of registration, verify
30 the registration in an election district by visiting the
19950H1212B2217 - 67 -
1 building from which an elector is registered and other
2 buildings as the commission deems necessary.
3 (ii) The commission shall make a record of the name
4 and address of each registered elector who is found not
5 to reside at the registered address or who, for any other
6 reason, appears to be not qualified to vote in the
7 registered election district.
8 (iii) The commission shall leave at the address of
9 each person referred to in subparagraph (ii) a notice
10 requiring him to communicate with the commission on or
11 before a date which the commission shall designate, and
12 which shall be not less than seven days and not more than
13 15 days from the date of the notice and in any case not
14 later than the 15th day preceding the election next
15 ensuing, and satisfy the commission of his qualifications
16 as an elector. The commission shall cause a confirmation
17 of each such notice to be sent by mail promptly to such
18 person at the address from which he is registered. The
19 envelope containing such information is to be plainly
20 marked that it is not to be forwarded. At the expiration
21 of the time specified in the notice, the commission shall
22 cancel the registration of such person who has not
23 communicated with the commission and proved his
24 qualifications as an elector.
25 (iv) To facilitate the canvass under this section,
26 the commission may, when necessary, appoint special
27 inspectors of registration, in number not exceeding
28 double the number of election districts being canvassed.
29 (v) Special inspectors must be qualified electors of
30 the county. They shall be appointed without reference to
19950H1212B2217 - 68 -
1 residence in election districts or to political
2 affiliations or beliefs. The commission shall instruct
3 special inspectors in their duties. Special inspectors
4 have the powers conferred by this act upon inspectors of
5 registration.
6 (3) In conjunction with, and not as an alternative to, a
7 program established under paragraph (1), the commission shall
8 send a notice pursuant to subsection (d) to any elector who
9 has not voted nor appeared to vote during the period
10 beginning five years before the date of the notice and ending
11 on the date of the notice and for whom the board of elections
12 did not during that period in any other way receive any
13 information that the voter still resides in the registered
14 election district.
15 (4) Commissions shall complete, not later than 90 days
16 before each primary, at least once per year the voter removal
17 programs under this section. This paragraph shall not be
18 construed to preclude any of the following:
19 (i) Cancellation of an elector's registration as
20 provided for under subsection (a)(1) or (2).
21 (ii) Correction of registration records in
22 accordance with this act.
23 (c) Identification of inactive voters.--A commission shall
24 mark an "I" on the registration card of each elector who has
25 been mailed a form under subsection (b)(1) or (3) and has failed
26 to respond, which shall be included with all other registration
27 cards for that polling site and located at the individual's
28 polling site on the day of the election.
29 (d) Cancellation of registration.--
30 (1) A commission shall not cancel the registration of an
19950H1212B2217 - 69 -
1 elector on the ground that the elector has changed residence
2 unless any of the following apply:
3 (i) The elector confirms in writing that the elector
4 has changed residence to a location outside the county in
5 which the elector is registered.
6 (ii) The elector:
7 (A) has failed to respond to a notice described
8 in paragraph (2); and
9 (B) has not voted nor appeared to vote and, if
10 necessary, corrected the commission's record of the
11 elector's address, in an election during the period
12 beginning on the date of the notice and ending on the
13 day after the date of the second general election for
14 Federal office that occurs after the date of the
15 notice.
16 (2) A notice, as required in paragraph (1)(ii), is
17 acceptable if it is a postage prepaid and preaddressed return
18 card, sent by forwardable mail, on which the elector may
19 state the elector's current address, if it contains a notice
20 as follows:
21 (i) The notice must state all of the following:
22 (A) If the elector did not change residence or
23 changed residence but still resides in the county,
24 the elector must return the card not later than 30
25 days prior to the next election. If the card is not
26 returned, affirmation or confirmation of the
27 elector's address may be required before the elector
28 is permitted to vote in an election during the period
29 beginning on the date of the notice and ending on the
30 day after the date of the second general election for
19950H1212B2217 - 70 -
1 Federal office that occurs after the date of the
2 notice. If the elector does not vote in an election
3 during that period, the elector's registration shall
4 be canceled.
5 (B) If the elector has changed residence to a
6 place outside the county in which the elector is
7 registered, information shall be provided concerning
8 how the elector can register in the new county of
9 residence.
10 (ii) The notice must state the date of the notice,
11 the date of the next election and the date of the second
12 general election for Federal office occurring after the
13 date of the notice.
14 (3) The commission shall correct registration records in
15 accordance with change of residence information obtained in
16 conformance with this subsection.
17 Section 908. Procedure for voting following failure to return
18 notification card.
19 (a) Same county.--
20 (1) An elector who has moved from an address in the
21 county covered by a polling place to an address covered by
22 the same polling place shall, notwithstanding failure to
23 notify the commission prior to the date of an election, be
24 permitted to vote in that polling place upon written
25 affirmation by the elector of the change of address before an
26 election official at that polling place.
27 (2) An elector who has moved from one address in the
28 county to another address in the same county and who has
29 failed to notify the commission of the change of address
30 prior to the date of an election shall be permitted to
19950H1212B2217 - 71 -
1 correct the voting records and vote at the elector's former
2 polling place upon written affirmation by the elector of the
3 new address before an election official at the former polling
4 place.
5 (b) Different county.--An elector who has moved from one
6 county to another county and who has failed to notify the
7 commission of the change of address prior to the date of the
8 election shall be permitted to correct the voting records and
9 vote at the elector's former polling place upon written
10 affirmation by the elector of the new address before an election
11 official at the former polling place.
12 Section 909. Incorrect records.
13 If registration records incorrectly indicate that an elector
14 has moved from an address in the area covered by a polling
15 place, the elector shall, upon written affirmation before an
16 election official at that polling place, be permitted to vote at
17 that polling place.
18 Section 910. Files.
19 (a) Cancellation.--If the registration of an elector is
20 canceled, the registration commission shall mark on the
21 registration cards of the elector the word "canceled" and the
22 date and cause of cancellation. The commission shall remove the
23 card from the general register and the district register.
24 Removed cards shall be retained for five years.
25 (b) Nonessential records.--Records which are not essential
26 for maintaining the current status of a qualified elector may be
27 destroyed by the commission three years from the date the
28 commission marks them as nonessential.
29 Section 911. Errors in cancellation.
30 (a) Petition.--If the registration of an elector has been
19950H1212B2217 - 72 -
1 canceled through error, the elector may petition the
2 registration commission for reinstatement.
3 (b) Time.--The petition must be filed by the tenth day
4 preceding an election.
5 (c) Action.--
6 (1) The commission shall hold a hearing on the petition.
7 (2) If the commission finds that there was an error, the
8 commission shall reinstate the registration.
9 SECTION 906. CHECKUP OF REGISTERS. <--
10 (A) GENERAL RULE.--AT ANY TIME PRIOR TO THE 30TH DAY
11 PRECEDING AN ELECTION, THE COMMISSION MAY MAIL TO ANY QUALIFIED
12 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER A NOTICE
13 SETTING FORTH THE ELECTOR'S NAME AND ADDRESS AS IT APPEARS IN
14 THE REGISTER, AND REQUESTING THE ELECTOR IN CASE OF ANY ERROR TO
15 PRESENT THE NOTICE WITHIN TEN DAYS AT THE OFFICE OF THE
16 COMMISSION TO HAVE THE ERROR CORRECTED, AND WARNING THAT ANY
17 DISCREPANCY BETWEEN THE QUALIFIED ELECTOR'S ACTUAL NAME AND
18 ADDRESS AND HIS NAME AND ADDRESS AS RECORDED IN THE ORIGINAL
19 REGISTER WILL CONSTITUTE GROUND FOR CHALLENGING THE ELECTOR'S
20 VOTE. THE NOTICE SHALL CONTAIN ON THE OUTSIDE, "DO NOT FORWARD,
21 RETURN TO BOARD OF ELECTIONS," AND A REQUEST OF THE POSTAL
22 SERVICE TO RETURN IT WITHIN FIVE DAYS IF IT CANNOT BE DELIVERED
23 TO THE ADDRESSEE AT THE ADDRESS GIVEN.
24 (B) CHECKUP BY POSTAL SERVICE.--AT ANY TIME PRIOR TO THE
25 30TH DAY PRECEDING AN ELECTION, THE COMMISSION MAY CAUSE A
26 CHECKUP TO BE MADE BY THE POSTAL SERVICE OF ANY QUALIFIED
27 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER.
28 (C) QUADRENNIAL CHECKUPS.--AT LEAST ONCE IN EACH FOUR YEARS
29 THE COMMISSION MAY CONDUCT A CHECKUP OF EACH REGISTERED ELECTOR
30 BY EITHER OF THE METHODS PROVIDED FOR IN SUBSECTIONS (A) AND
19950H1212B2217 - 73 -
1 (B).
2 (D) FAILURE TO DELIVER NOTICE.--UPON THE RETURN BY THE
3 POSTAL SERVICE OF ANY NOTICE WHICH IT HAS BEEN UNABLE TO DELIVER
4 AT THE GIVEN ADDRESS BECAUSE THE ADDRESSEE CANNOT BE FOUND
5 THERE, OR UPON REPORT BY THE POSTAL SERVICE THAT ANY REGISTERED
6 ELECTOR DOES NOT RESIDE AT THE ADDRESS GIVEN ON THE REGISTRATION
7 CARD, THE COMMISSION SHALL DO ONE OF THE FOLLOWING:
8 (1) DIRECT AN AUTHORIZED EMPLOYEE TO VISIT IN PERSON THE
9 ADDRESS OF THE QUALIFIED ELECTOR AND, IF THE EMPLOYEE FINDS
10 THAT THE QUALIFIED ELECTOR DOES NOT RESIDE AT THE ADDRESS, TO
11 LEAVE AT THE ADDRESS THE NOTICE PRESCRIBED BY SUBSECTION (E).
12 (2) MAIL TO THE REGISTERED QUALIFIED ELECTOR AT THE
13 ADDRESS GIVEN ON THE REGISTRATION CARD THE NOTICE PRESCRIBED
14 BY SUBSECTION (E). THE NOTICE SHALL BE SENT AS FIRST-CLASS
15 MAIL AND SHALL CONTAIN ON THE OUTSIDE A REQUEST TO THE
16 POSTMASTER TO FORWARD IT IF THE ADDRESSEE DOES NOT RESIDE AT
17 THE ADDRESS GIVEN THEREON.
18 (E) COMMUNICATION WITH COMMISSION.--THE NOTICE STIPULATED BY
19 SUBSECTION (D) SHALL REQUIRE THE REGISTERED QUALIFIED ELECTOR TO
20 COMMUNICATE WITH THE COMMISSION BY A DATE DESIGNATED BY THE
21 COMMISSION, WHICH (DATE) SHALL BE NOT LESS THAN TEN DAYS NOR
22 MORE THAN 30 DAYS FROM THE SERVICE OR MAILING OF THE NOTICE AND,
23 IN ANY CASE, NOT LATER THAN THE 15TH DAY PRECEDING THE ELECTION,
24 AND SATISFY THE COMMISSION OF QUALIFICATIONS AS A QUALIFIED
25 ELECTOR. AT THE EXPIRATION OF THE TIME SPECIFIED IN THE NOTICE,
26 THE COMMISSION SHALL CANCEL THE REGISTRATION OF A PERSON WHO HAS
27 NOT COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS
28 AS A QUALIFIED ELECTOR, EXCEPT THAT, IF A REGISTERED QUALIFIED
29 ELECTOR WHO HAS BEEN MAILED THE NOTICE PRESCRIBED BY THIS
30 SUBSECTION COMMUNICATES WITH THE COMMISSION CLAIMING THE RIGHT
19950H1212B2217 - 74 -
1 TO REMAIN REGISTERED AT THE ADDRESS TO WHICH THE ORIGINAL NOTICE
2 WAS MAILED, THE COMMISSION SHALL INVESTIGATE AND, IF NOT
3 SATISFIED OF THE RIGHT OF THE QUALIFIED ELECTOR TO REMAIN
4 REGISTERED AT THE ADDRESS, SHALL CANCEL THE REGISTRATION OF THE
5 ELECTOR. EVERY ELECTOR WHOSE REGISTRATION IS CANCELED UNDER THIS
6 SECTION MUST REGISTER IN THE MANNER PROVIDED BY THIS ACT IN
7 ORDER TO BE ELIGIBLE TO VOTE AT ANY ELECTION.
8 (F) ELECTOR IN MILITARY SERVICE.--THE REGISTRATION OF A
9 PERSON IN MILITARY SERVICE SHALL NOT BE CANCELED BY REASON OF
10 THE FAILURE OF THE PERSON TO RESIDE AT THE ADDRESS APPEARING
11 UPON THE DISTRICT REGISTER IF THE PERSON RESIDED AT THE ADDRESS
12 ON THE DATE OF ENTERING MILITARY SERVICE.
13 SECTION 907. CANVASS OF REGISTERED ELECTORS.
14 (A) VERIFICATION.--THE COMMISSION MAY, BY INDIVIDUAL
15 COMMISSIONERS OR BY INSPECTORS OF REGISTRATION, VERIFY THE
16 REGISTRATION IN AN ELECTION DISTRICT BY VISITING EACH BUILDING
17 FROM WHICH AN ELECTOR IS REGISTERED AND OTHER BUILDINGS AS THE
18 COMMISSION DEEMS NECESSARY. THE COMMISSION SHALL MAKE A RECORD
19 OF THE NAME AND ADDRESS OF EACH PERSON REGISTERED WHO IS NOT
20 FOUND TO RESIDE AT THE ADDRESS FROM WHICH THE PERSON IS
21 REGISTERED OR WHO, FOR ANY OTHER REASON, APPEARS TO BE NOT
22 QUALIFIED TO VOTE IN THE ELECTION DISTRICT FROM WHICH THE PERSON
23 IS REGISTERED. THE COMMISSION SHALL LEAVE AT THE ADDRESS OF EACH
24 SUCH PERSON THE NOTICE PRESCRIBED BY SECTION 906(E).
25 (B) ACTION.--AT THE EXPIRATION OF THE TIME SPECIFIED IN THE
26 NOTICE UNDER SECTION 906(E), THE COMMISSION SHALL CANCEL OR
27 SUSPEND THE REGISTRATION OF EACH SUCH PERSON WHO HAS NOT
28 COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS AS AN
29 ELECTOR.
30 (C) SPECIAL INSPECTORS.--FOR THE PURPOSE OF FACILITATING A
19950H1212B2217 - 75 -
1 CANVASS, THE COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
2 INSPECTORS OF REGISTRATION IN NUMBER NOT EXCEEDING DOUBLE THE
3 NUMBER OF ELECTION DISTRICTS WHICH THE COMMISSION DETERMINES TO
4 CANVASS. THEY MUST BE QUALIFIED ELECTORS OF THE COUNTY. THEY
5 SHALL BE APPOINTED WITHOUT REFERENCE TO RESIDENCE IN ELECTION
6 DISTRICTS OR TO THEIR POLITICAL AFFILIATIONS OR BELIEFS. THE
7 COMMISSION SHALL INSTRUCT EACH SPECIAL INSPECTOR IN DISCHARGING
8 DUTIES.
9 SECTION 908. COMPARISON AND CORRECTION OF REGISTERS.
10 COMMENCING 30 DAYS PRIOR TO EACH ELECTION, THE COMMISSION
11 SHALL COMPARE AND CORRECT THE GENERAL AND DISTRICT REGISTERS.
12 SECTION 909. PETITION TO STRIKE OFF NAMES.
13 (A) INITIATION.--AT ANY TIME NOT LATER THAN THE TENTH DAY
14 PRECEDING AN ELECTION, A QUALIFIED ELECTOR, INCLUDING ANY
15 WATCHER AND ANY REGISTRAR OR INSPECTOR OF REGISTRATION, MAY
16 PETITION THE COMMISSION TO CANCEL OR SUSPEND THE REGISTRATION OF
17 A REGISTERED QUALIFIED ELECTOR. THE PETITION MUST SET FORTH,
18 UNDER OATH OR AFFIRMATION, ALL OF THE FOLLOWING:
19 (1) SUFFICIENT GROUNDS FOR THE CANCELLATION OR
20 SUSPENSION.
21 (2) THAT:
22 (I) NOTICE OF THE TIME AND PLACE WHEN THE PETITION
23 WOULD BE PRESENTED HAS BEEN GIVEN PERSONALLY TO THE
24 REGISTERED QUALIFIED ELECTOR AT LEAST 24 HOURS PRIOR TO
25 THE PRESENTATION OF THE PETITION; OR
26 (II) THE REGISTERED QUALIFIED ELECTOR COULD NOT BE
27 FOUND AT THE PLACE GIVEN IN THE DISTRICT REGISTER AS
28 RESIDENCE AND THE PERSON IN CHARGE OF THAT PLACE, WHOSE
29 NAME MUST BE GIVEN IN THE PETITION, HAS DECLARED THAT THE
30 PERSON WAS WELL ACQUAINTED WITH THE NAMES OF ALL
19950H1212B2217 - 76 -
1 INDIVIDUALS RESIDING AT THE PLACE AND THAT THE REGISTERED
2 QUALIFIED ELECTOR HAD NEVER BEEN OR WAS NO LONGER ONE OF
3 THEM OR THAT NO SUCH INDIVIDUAL IS RESIDING AT THE
4 ADDRESS.
5 (B) ACTION.--UPON RECEIPT OF A PETITION UNDER SUBSECTION
6 (A), THE COMMISSION SHALL CANCEL OR SUSPEND THE REGISTRATION OF
7 THE QUALIFIED ELECTOR AND AMEND ACCORDINGLY THE GENERAL AND
8 DISTRICT REGISTERS AND OTHER RECORDS AFFECTED UNLESS THE
9 QUALIFIED ELECTOR SO REGISTERED APPEARS AND SHOWS CAUSE WHY THIS
10 ACTION SHOULD NOT BE TAKEN.
11 SECTION 910. FAILURE TO VOTE.
12 (A) CHECK OF ELECTORS.--BY APRIL 1 OF EACH YEAR EXCEPT IN A
13 YEAR IN WHICH THE COMMISSION CONDUCTS A CHECK OF ELECTORS UNDER
14 SECTION 906(C), THE COMMISSION SHALL EXAMINE ALL OF THE DISTRICT
15 REGISTERS.
16 (B) SUSPENSION.--A QUALIFIED ELECTOR WHO HAS BEEN REGISTERED
17 FOR A PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR
18 YEARS BUT WHO IS NOT RECORDED AS HAVING VOTED AT AN ELECTION
19 DURING THAT PERIOD IS SUBJECT TO SUSPENSION OF REGISTRATION IN
20 ACCORDANCE WITH THE FOLLOWING PROCEDURE:
21 (1) IF A QUALIFIED ELECTOR WHO HAS BEEN REGISTERED FOR A
22 PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR YEARS
23 IS NOT RECORDED AS HAVING VOTED AT AN ELECTION DURING THAT
24 PERIOD, THE COMMISSION SHALL SEND TO THE QUALIFIED ELECTOR BY
25 MAIL, AT THE ADDRESS APPEARING UPON THE REGISTRATION CARD, A
26 NOTICE SETTING FORTH THAT THE RECORDS OF THE COMMISSION
27 INDICATE THAT THE QUALIFIED ELECTOR HAS NOT VOTED DURING THE
28 TWO IMMEDIATELY PRECEDING CALENDAR YEARS AND THAT THE
29 QUALIFIED ELECTOR'S REGISTRATION WILL BE CANCELED AT THE
30 EXPIRATION OF 30 DAYS FROM THE DATE OF MAILING THE NOTICE
19950H1212B2217 - 77 -
1 UNLESS THE QUALIFIED ELECTOR, WITHIN THAT PERIOD, FILES WITH
2 THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
3 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A REMOVAL NOTICE
4 PROPERLY EXECUTED, SETTING FORTH THE QUALIFIED ELECTOR'S
5 PLACE OF RESIDENCE AND SIGNED BY THE QUALIFIED ELECTOR.
6 (2) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
7 NOTICE UNDER PARAGRAPH (1), THE QUALIFIED ELECTOR MUST FILE
8 WITH THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
9 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A PROPERLY
10 EXECUTED REMOVAL NOTICE, WHICH SETS FORTH THE QUALIFIED
11 ELECTOR'S PLACE OF RESIDENCE AND WHICH IS SIGNED BY THE
12 QUALIFIED ELECTOR. THE OFFICIAL REGISTRATION APPLICATION CARD
13 OF A QUALIFIED ELECTOR WHO HAS REGISTERED BY MAIL QUALIFIES
14 AS A REQUEST FOR REINSTATEMENT OF REGISTRATION OR A REMOVAL
15 NOTICE UNDER THIS PARAGRAPH.
16 (3) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
17 NOTICE UNDER PARAGRAPH (1), THE COMMISSION SHALL CANCEL THE
18 REGISTRATION OF A QUALIFIED ELECTOR WHO HAS NOT COMPLIED WITH
19 PARAGRAPH (2).
20 (C) EFFECT.--CANCELLATION OF REGISTRATION UNDER THIS SECTION
21 SHALL NOT AFFECT THE RIGHT OF A QUALIFIED ELECTOR TO
22 SUBSEQUENTLY REGISTER IN THE MANNER PROVIDED BY THIS ACT.
23 SECTION 911. CANCELLATION, REMOVAL AND PRESERVATION OF
24 REGISTRATION CARDS.
25 (A) GENERAL RULE.--IF THE REGISTRATION OF A QUALIFIED
26 ELECTOR IS CANCELED FOR ANY CAUSE, THE COMMISSION SHALL MARK ON
27 THE REGISTRATION CARDS OF THE ELECTOR THE WORD "CANCELED" AND
28 THE DATE AND CAUSE OF CANCELLATION AND SHALL REMOVE THEM FROM
29 THE GENERAL AND DISTRICT REGISTERS. EACH SUCH CARD SHALL BE KEPT
30 FOR FIVE YEARS, AFTER WHICH THE COMMISSION MAY DESTROY IT.
19950H1212B2217 - 78 -
1 (B) NONESSENTIAL RECORDS.--ALL RECORDS WHICH ARE NOT
2 ESSENTIAL FOR MAINTAINING THE CURRENT STATUS OF A QUALIFIED
3 ELECTOR MAY BE DESTROYED BY THE COMMISSION AFTER THREE YEARS.
4 SECTION 912. CORRECTION OF ERRORS IN CANCELLATION OR
5 SUSPENSION.
6 IF THE REGISTRATION OF A QUALIFIED ELECTOR HAS BEEN CANCELED
7 OR SUSPENDED THROUGH ERROR, THE QUALIFIED ELECTOR MAY PETITION
8 THE COMMISSION FOR REINSTATEMENT OF REGISTRATION NOT LATER THAN
9 THE TENTH DAY PRECEDING AN ELECTION. AFTER A HEARING ON THE
10 APPLICATION, IF ERROR ON THE PART OF THE COMMISSION IS PROVED,
11 THE COMMISSION SHALL REINSTATE THE REGISTRATION.
12 CHAPTER 11
13 COMMISSION PROCEEDINGS
14 Section 1101. Subpoenas and witness fees.
15 (a) Authorization.--The commission may issue a subpoena.
16 (b) Form and effect.--A subpoena under subsection (a) shall
17 be in substantially the same form and have the same force and
18 effect as a subpoena issued by a court of common pleas. The
19 commission shall have the benefit of the process of the
20 appropriate court of common pleas if necessary to enforce a
21 subpoena.
22 (c) Benefit.--A subpoena may be issued as follows:
23 (1) Upon the motion of the commission.
24 (2) Upon motion of a party before the commission. A
25 subpoena under this paragraph is only valid for one day. It
26 must be renewed by 4 p.m. for the next day.
27 (d) Fees.--
28 (1) Witnesses subpoenaed under this section shall be
29 compensated under 42 Pa.C.S. § 5903 (relating to compensation
30 and expenses of witnesses).
19950H1212B2217 - 79 -
1 (2) Witnesses subpoenaed under subsection (c)(1) shall
2 be paid by commission funds.
3 (3) Witnesses subpoenaed under subsection (c)(2) shall
4 be paid by the party. No subpoena shall be issued under
5 subsection (c)(2) until the party pays the commission a fee
6 of 25¢ $10 for issuing the same and deposits with the <--
7 commission one day's witness fees for each witness to be
8 summoned.
9 (4) As soon as convenient after a hearing is concluded
10 or continued, the commission shall pay witnesses under
11 paragraphs (2) and (3). Unearned fees deposited under
12 paragraph (3) shall be refunded to the depositing party.
13 (5) If the petition of the elector is sustained, the
14 commission shall pay to the elector all costs paid on the
15 elector's behalf.
16 (e) Commission funds.--The commission shall pay over to the
17 county treasurer fees received under subsection (d)(3). The
18 accounts of the commission respecting payments under subsection
19 (d)(2) shall be subject to audit by the county controller.
20 CHAPTER 13
21 JUDICIAL REVIEW
22 Section 1301. Court of common pleas.
23 (a) Standing.--The following have standing to appeal an
24 action of a registration commission to the appropriate court of
25 common pleas:
26 (1) An individual whose claim for registration has been
27 denied.
28 (2) An individual whose registration has been canceled
29 by the commission.
30 (3) A qualified elector of a municipality whose rights
19950H1212B2217 - 80 -
1 are impaired by any general order made by the commission.
2 (b) Time.--An appeal under subsection (a) must be made by
3 the seventh day preceding an election.
4 (c) Grounds.--The appeal must request relief and set forth
5 the grounds for relief.
6 (d) Hearing.--Upon timely receipt of an appeal under this
7 section, the court shall conduct a hearing.
8 (e) Order.--If the court finds that an injustice has been
9 done, it shall reverse or modify the ruling of the commission
10 and issue appropriate injunctive relief.
11 (f) Costs.--
12 (1) Except as provided in paragraph (2), the court may
13 award costs for the appeal to the prevailing party.
14 (2) Costs may not be assessed against a commission or a
15 county.
16 Section 1302. Commission duties.
17 In an appeal under section 1301, the registration commission
18 shall produce any petition, register or other record in its
19 custody relevant to the issue involved.
20 CHAPTER 15
21 PENALTIES
22 Section 1501. Lawful orders.
23 A person who intentionally disobeys a lawful order of a
24 registration commission or a commissioner commits a misdemeanor
25 of the third degree and shall, upon conviction, be sentenced to
26 pay a fine of not more than $2,500.
27 Section 1502. Registration.
28 (a) Improper.--A registrar, commissioner or clerk who
29 knowingly registers or permits the registration of an individual
30 not lawfully entitled to be registered commits a misdemeanor of
19950H1212B2217 - 81 -
1 the first degree and shall, upon conviction, be sentenced to pay
2 a fine of not more than $10,000 or to imprisonment for not more
3 than five years, or both.
4 (b) Denial.--A registrar, commissioner or clerk who, without
5 reasonable cause, refuses to register an individual lawfully
6 entitled to be registered commits a misdemeanor of the first
7 degree and shall, upon conviction, be sentenced to pay a fine of
8 not more than $10,000 or to imprisonment for not more than five
9 years, or both.
10 Section 1503. Application.
11 (a) Prohibition.--An individual may not do any of the
12 following:
13 (1) Apply for registration with knowledge or reason to
14 know that the individual is not entitled to registration.
15 (2) Apply for a change of residence with knowledge or
16 reason to know that the individual is not entitled to the
17 change.
18 (3) Declare as residence a place or address which the
19 individual knows is not the individual's legal residence.
20 (4) Intentionally impersonate another in an application
21 for registration.
22 (b) Penalty.--A person who violates subsection (a) commits a
23 misdemeanor of the first degree and shall, upon conviction, be
24 sentenced to pay a fine of not more than $10,000 or to
25 imprisonment for not more than five years, or both, and to
26 forfeit the right of suffrage for ten years.
27 Section 1504. Altering registration.
28 (a) Prohibition.--No registrar, commissioner, clerk or
29 assistant or commission employee may do any of the following:
30 (1) Intentionally insert or permit to be inserted an
19950H1212B2217 - 82 -
1 entry in a registration card without a proper application
2 under this act or without requiring the proper evidence of
3 the right of the applicant to be registered.
4 (2) Intentionally materially alter a registration card
5 after the entries have been made. This paragraph does not
6 apply to an alteration pursuant to an order of a court of
7 common pleas or of the commission.
8 (b) Penalty.--A person who violates subsection (a) commits a
9 misdemeanor of the first degree and shall, upon conviction, be
10 sentenced to pay a fine of not more than $10,000 or to
11 imprisonment for not more than five years, or both.
12 Section 1505. Votes.
13 (a) Prohibition.--An election officer may not do any of the
14 following:
15 (1) Knowingly refuse the vote of a registered and
16 qualified elector.
17 (2) Knowingly accept the vote of a person not registered
18 under this act. This paragraph does not apply to a person in
19 actual military service or a person having an order of court.
20 (3) Knowingly receive a vote from a person falsely
21 claiming to be a registered voter.
22 (b) Penalty.--A person who violates subsection (a) commits a
23 misdemeanor of the first degree and shall, upon conviction, be
24 sentenced to pay a fine of not more than $10,000 or to
25 imprisonment for not more than five years, or both.
26 Section 1506. Duties under act.
27 Any commissioner, registrar, clerk, inspector of
28 registration, commission officer, commission assistant,
29 commission employee, individual, partnership or corporation that
30 intentionally delays, neglects or refuses to perform a duty
19950H1212B2217 - 83 -
1 imposed by this act commits a misdemeanor of the second degree
2 and shall, upon conviction, be sentenced to pay a fine of not
3 more than $5,000 or to imprisonment for not more than two years,
4 or both.
5 Section 1507. Official documents.
6 (a) Prohibition.--A person may not do any of the following:
7 (1) Intentionally insert or permit to be inserted a
8 material entry in any registration card, street list,
9 affidavit, petition, subpoena, certificate, report or other
10 record, authorized or required by this act to be made or
11 prepared for a purpose set forth in this act, which entry is
12 not in accordance with this act.
13 (2) Intentionally materially alter or intentionally
14 destroy an entry which has been made in any registration
15 card, street list, affidavit, petition, subpoena,
16 certificate, report or other record, authorized or required
17 by this act to be made or prepared for a purpose set forth in
18 this act, which alteration or destruction is not in
19 accordance with this act.
20 (3) Remove a record from lawful custody with the intent
21 to prevent the record from being used, inspected or copied.
22 (b) Penalty.--A person who violates subsection (a) commits a
23 misdemeanor of the first degree and shall, upon conviction, be
24 sentenced to pay a fine of not more than $6,000 or to
25 imprisonment for not more than three years, or both.
26 Section 1508. Withholding information.
27 A person who intentionally refuses to furnish to a
28 commissioner or an inspector of registration information or
29 documents which the commissioner or inspector is authorized to
30 have under this act commits a misdemeanor of the second degree
19950H1212B2217 - 84 -
1 and shall, upon conviction, be sentenced to pay a fine of not
2 more than $5,000 or to imprisonment for not more than two years,
3 or both.
4 Section 1509. Law enforcement assistance.
5 A law enforcement officer who, upon demand of any
6 commissioner or inspector of registration, fails to render
7 demanded assistance in the maintenance of peace and in the
8 making of arrests without warrant as provided in this act or who
9 intentionally hinders or attempts to hinder any commissioner or
10 inspector of registration in the performance of a duty commits a
11 misdemeanor of the second degree and shall, upon conviction, be
12 sentenced to pay a fine of not more than $5,000 or to
13 imprisonment for not more than two years, or both.
14 Section 1510. Interference.
15 A person who intentionally interferes with any other person
16 in the performance of any act or duty authorized or imposed by
17 this act commits a misdemeanor of the second degree and shall,
18 upon conviction, be sentenced to pay a fine of not more than
19 $5,000 or to imprisonment for not more than two years, or both.
20 Section 1511. Preventing registration.
21 (a) Prohibition.--No person may do any of the following:
22 (1) Knowingly and intentionally prevent an individual
23 from being registered.
24 (2) By coercion, threats of bodily injury or
25 intimidation, intentionally prevent or attempt to prevent an
26 individual from being registered or from changing political
27 enrollment in accordance with the provisions of this act.
28 (3) Intentionally give or promise or offer to give money
29 or goods to an individual as an inducement for the individual
30 to enroll in a particular party or to change political
19950H1212B2217 - 85 -
1 enrollment.
2 (4) Prevent a record from being used, inspected or
3 copied.
4 (b) Penalty.--A person who violates subsection (a) commits a
5 misdemeanor of the first degree and shall, upon conviction, be
6 sentenced to pay a fine of not more than $10,000 or to
7 imprisonment for not more than five years, or both.
8 Section 1512. Approval of registration.
9 (a) Prohibition.--A person may not do any of the following:
10 (1) Intentionally alter a party designation on a
11 registration card under section 528(c).
12 (2) Intentionally fail to make a transmission under
13 section 528(d).
14 (b) Penalty.--A person who violates subsection (a) commits a
15 misdemeanor of the third degree and shall, upon conviction, be
16 sentenced to pay a fine of $2,500 or to imprisonment for not
17 more than one year, or both.
18 SECTION 1513. SOLICITATION OF REGISTRATIONS. <--
19 (A) PROHIBITION.--A PERSON MAY NOT GIVE, SOLICIT OR ACCEPT
20 PAYMENT OR FINANCIAL INCENTIVE TO OBTAIN A VOTER REGISTRATION IF
21 THE PAYMENT OR INCENTIVE IS BASED UPON THE NUMBER OF
22 REGISTRATIONS OR APPLICATIONS OBTAINED.
23 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
24 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
25 SENTENCED TO PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
26 $2,500 OR TO IMPRISONMENT FOR NOT LESS THAN ONE MONTH NOR MORE
27 THAN ONE YEAR, OR BOTH.
28 Section 1513 1514. Crimes Code. <--
29 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
30 4903 (relating to false swearing) and 4904 (relating to unsworn
19950H1212B2217 - 86 -
1 falsification to authorities) apply to violations of this act.
2 CHAPTER 17
3 ENFORCEMENT
4 Section 1701. Attorney General.
5 (a) Investigation.--The secretary shall investigate alleged
6 violations of sections 523 and 525 and report apparent
7 violations to the Attorney General.
8 (b) Prosecution.--Under section 205(a)(6) of the act of
9 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
10 Attorneys Act, the Attorney General shall have prosecutorial
11 jurisdiction over violations reported under subsection (a).
12 Section 1702. District attorneys.
13 (a) Investigation.--Except as provided in section 1701, each
14 commission shall investigate alleged violations of this act
15 within its county and report apparent violations to the district
16 attorney of the county.
17 (b) Prosecution.--Subject to section 205(a)(3) through (5)
18 of the act of October 15, 1980 (P.L.950, No.164), known as the
19 Commonwealth Attorneys Act, the district attorney shall have
20 prosecutorial jurisdiction over violations reported under
21 subsection (a).
22 CHAPTER 19 <--
23 PROVISIONS CONTINGENT ON FEDERAL LAW
24 SECTION 1901. REMOVAL OF VOTERS.
25 (A) REMOVAL OF ELECTOR'S REGISTRATION RECORD.--COMMISSIONS
26 SHALL INSTITUTE A PROGRAM TO PROTECT THE INTEGRITY OF THE
27 ELECTORAL PROCESS AND TO ENSURE THE MAINTENANCE OF ACCURATE AND
28 CURRENT VOTER REGISTRATION RECORDS. THE PROGRAM SHALL BE
29 UNIFORM, NONDISCRIMINATORY AND IN COMPLIANCE WITH THE VOTING
30 RIGHTS ACT OF 1965 (PUBLIC LAW 89 110, 42 U.S.C. SEC. 1973, ET
19950H1212B2217 - 87 -
1 SEQ.) AN ELECTOR'S REGISTRATION SHALL NOT BE CANCELED EXCEPT AS
2 FOLLOWS:
3 (1) AT THE REQUEST OF THE ELECTOR.
4 (2) UPON THE DEATH OF THE ELECTOR UNDER SECTION 905.
5 (3) UPON CONFIRMATION THAT THE ELECTOR HAS MOVED TO A
6 RESIDENCE OUTSIDE THE COUNTY.
7 (4) UNDER A VOTER REMOVAL PROGRAM AS PROVIDED FOR UNDER
8 SUBSECTION (B).
9 (B) VOTER REMOVAL PROGRAM.--
10 (1) THE COMMISSION SHALL ESTABLISH A PROGRAM TO IDENTIFY
11 ELECTORS WHOSE ADDRESS MAY HAVE CHANGED BY ESTABLISHING ONE
12 OF THE FOLLOWING PROGRAMS:
13 (I) NATIONAL CHANGE OF ADDRESS. THE SECRETARY SHALL
14 ESTABLISH BY REGULATION A PROGRAM WHEREBY INFORMATION
15 SUPPLIED BY THE UNITED STATES POSTAL SERVICE THROUGH ITS
16 LICENSEES IS USED ON A PERIODIC BASIS, BUT NOT LESS THAN
17 ONCE EVERY CALENDAR YEAR, TO IDENTIFY ELECTORS WHO MAY
18 HAVE CHANGED ADDRESSES. THE INFORMATION SHALL BE
19 INCORPORATED IN THE ADMINISTRATION OF THE STATEWIDE
20 CENTRAL REGISTRY AND SHALL BE FORWARDED TO THE
21 COMMISSIONS IN A MANNER DETERMINED BY THE SECRETARY BY
22 REGULATION.
23 (A) IF IT APPEARS FROM THE INFORMATION PROVIDED
24 THROUGH THE UNITED STATES POSTAL SERVICE THAT AN
25 ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE ADDRESS
26 WITHIN THE SAME COUNTY AS THE ELECTOR IS CURRENTLY
27 REGISTERED, THE COMMISSION SHALL CHANGE THE
28 REGISTRATION RECORDS TO SHOW THE NEW ADDRESS AND
29 SHALL SEND THE ELECTOR TO THE ADDRESS RECORDED ON THE
30 ELECTOR'S REGISTRATION A NOTICE OF THE CHANGE OF
19950H1212B2217 - 88 -
1 ADDRESS BY FORWARDABLE MAIL AND A POSTAGE PREPAID
2 PREADDRESSED RETURN FORM BY WHICH THE ELECTOR MAY
3 VERIFY OR CORRECT THE ADDRESS INFORMATION.
4 (B) IF IT APPEARS FROM THE INFORMATION PROVIDED
5 THROUGH THE UNITED STATES POSTAL SERVICE THAT AN
6 ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE ADDRESS
7 OUTSIDE THE COUNTY, THE COMMISSION SHALL USE THE
8 NOTICE PROCEDURE DESCRIBED IN CLAUSE (A).
9 (II) CONFIRMATION MAILING:
10 (A) A COMMISSION MAY ESTABLISH A PROGRAM BY
11 SENDING A DIRECT, NONFORWARDABLE FIRST CLASS "RETURN
12 IF UNDELIVERABLE - ADDRESS CORRECTION REQUESTED"
13 MAILING TO ALL REGISTERED ELECTORS IN THE COUNTY.
14 (B) IF THIS PROGRAM IS ESTABLISHED, THE
15 COMMISSION SHALL USE THE NOTICE PROCEDURE DESCRIBED
16 IN SUBPARAGRAPH (I)(A) FOR ANY ELECTOR WHOSE MAILING
17 IS RETURNED UNDELIVERABLE.
18 (2) IN CONJUNCTION WITH, AND NOT AS AN ALTERNATIVE TO, A
19 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), A CANVASS MAY BE
20 USED AS FOLLOWS:
21 (I) THE REGISTRATION COMMISSION MAY, BY
22 COMMISSIONERS OR BY INSPECTORS OF REGISTRATION, VERIFY
23 THE REGISTRATION IN AN ELECTION DISTRICT BY VISITING THE
24 BUILDING FROM WHICH AN ELECTOR IS REGISTERED AND OTHER
25 BUILDINGS AS THE COMMISSION DEEMS NECESSARY.
26 (II) THE COMMISSION SHALL MAKE A RECORD OF THE NAME
27 AND ADDRESS OF EACH REGISTERED ELECTOR WHO IS FOUND NOT
28 TO RESIDE AT THE REGISTERED ADDRESS OR WHO, FOR ANY OTHER
29 REASON, APPEARS TO BE NOT QUALIFIED TO VOTE IN THE
30 REGISTERED ELECTION DISTRICT.
19950H1212B2217 - 89 -
1 (III) THE COMMISSION SHALL LEAVE AT THE ADDRESS OF
2 EACH PERSON REFERRED TO IN SUBPARAGRAPH (II) A NOTICE
3 REQUIRING HIM TO COMMUNICATE WITH THE COMMISSION ON OR
4 BEFORE A DATE WHICH THE COMMISSION SHALL DESIGNATE, AND
5 WHICH SHALL BE NOT LESS THAN SEVEN DAYS AND NOT MORE THAN
6 15 DAYS FROM THE DATE OF THE NOTICE AND IN ANY CASE NOT
7 LATER THAN THE 15TH DAY PRECEDING THE ELECTION NEXT
8 ENSUING, AND SATISFY THE COMMISSION OF HIS QUALIFICATIONS
9 AS AN ELECTOR. THE COMMISSION SHALL CAUSE A CONFIRMATION
10 OF EACH SUCH NOTICE TO BE SENT BY MAIL PROMPTLY TO SUCH
11 PERSON AT THE ADDRESS FROM WHICH HE IS REGISTERED. THE
12 ENVELOPE CONTAINING SUCH INFORMATION IS TO BE PLAINLY
13 MARKED THAT IT IS NOT TO BE FORWARDED. AT THE EXPIRATION
14 OF THE TIME SPECIFIED IN THE NOTICE, THE COMMISSION SHALL
15 CANCEL THE REGISTRATION OF SUCH PERSON WHO HAS NOT
16 COMMUNICATED WITH THE COMMISSION AND PROVED HIS
17 QUALIFICATIONS AS AN ELECTOR.
18 (IV) TO FACILITATE THE CANVASS UNDER THIS SECTION,
19 THE COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
20 INSPECTORS OF REGISTRATION, IN NUMBER NOT EXCEEDING
21 DOUBLE THE NUMBER OF ELECTION DISTRICTS BEING CANVASSED.
22 (V) SPECIAL INSPECTORS MUST BE QUALIFIED ELECTORS OF
23 THE COUNTY. THEY SHALL BE APPOINTED WITHOUT REFERENCE TO
24 RESIDENCE IN ELECTION DISTRICTS OR TO POLITICAL
25 AFFILIATIONS OR BELIEFS. THE COMMISSION SHALL INSTRUCT
26 SPECIAL INSPECTORS IN THEIR DUTIES. SPECIAL INSPECTORS
27 HAVE THE POWERS CONFERRED BY THIS ACT UPON INSPECTORS OF
28 REGISTRATION.
29 (3) IN CONJUNCTION WITH, AND NOT AS AN ALTERNATIVE TO, A
30 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), THE COMMISSION SHALL
19950H1212B2217 - 90 -
1 SEND A NOTICE PURSUANT TO SUBSECTION (D) TO ANY ELECTOR WHO
2 HAS NOT VOTED NOR APPEARED TO VOTE DURING THE PERIOD
3 BEGINNING FIVE YEARS BEFORE THE DATE OF THE NOTICE AND ENDING
4 ON THE DATE OF THE NOTICE AND FOR WHOM THE BOARD OF ELECTIONS
5 DID NOT DURING THAT PERIOD IN ANY OTHER WAY RECEIVE ANY
6 INFORMATION THAT THE VOTER STILL RESIDES IN THE REGISTERED
7 ELECTION DISTRICT.
8 (4) COMMISSIONS SHALL COMPLETE, NOT LATER THAN 90 DAYS
9 BEFORE EACH PRIMARY, AT LEAST ONCE PER YEAR THE VOTER REMOVAL
10 PROGRAMS UNDER THIS SECTION. THIS PARAGRAPH SHALL NOT BE
11 CONSTRUED TO PRECLUDE ANY OF THE FOLLOWING:
12 (I) CANCELLATION OF AN ELECTOR'S REGISTRATION AS
13 PROVIDED FOR UNDER SUBSECTION (A)(1) OR (2).
14 (II) CORRECTION OF REGISTRATION RECORDS IN
15 ACCORDANCE WITH THIS ACT.
16 (C) IDENTIFICATION OF INACTIVE VOTERS.--A COMMISSION SHALL
17 MARK AN "I" ON THE REGISTRATION CARD OF EACH ELECTOR WHO HAS
18 BEEN MAILED A FORM UNDER SUBSECTION (B)(1) OR (3) AND HAS FAILED
19 TO RESPOND, WHICH SHALL BE INCLUDED WITH ALL OTHER REGISTRATION
20 CARDS FOR THAT POLLING SITE AND LOCATED AT THE INDIVIDUAL'S
21 POLLING SITE ON THE DAY OF THE ELECTION.
22 (D) CANCELLATION OF REGISTRATION.--
23 (1) A COMMISSION SHALL NOT CANCEL THE REGISTRATION OF AN
24 ELECTOR ON THE GROUND THAT THE ELECTOR HAS CHANGED RESIDENCE
25 UNLESS ANY OF THE FOLLOWING APPLY:
26 (I) THE ELECTOR CONFIRMS IN WRITING THAT THE ELECTOR
27 HAS CHANGED RESIDENCE TO A LOCATION OUTSIDE THE COUNTY IN
28 WHICH THE ELECTOR IS REGISTERED.
29 (II) THE ELECTOR:
30 (A) HAS FAILED TO RESPOND TO A NOTICE DESCRIBED
19950H1212B2217 - 91 -
1 IN PARAGRAPH (2); AND
2 (B) HAS NOT VOTED NOR APPEARED TO VOTE AND, IF
3 NECESSARY, CORRECTED THE COMMISSION'S RECORD OF THE
4 ELECTOR'S ADDRESS, IN AN ELECTION DURING THE PERIOD
5 BEGINNING ON THE DATE OF THE NOTICE AND ENDING ON THE
6 DAY AFTER THE DATE OF THE SECOND GENERAL ELECTION FOR
7 FEDERAL OFFICE THAT OCCURS AFTER THE DATE OF THE
8 NOTICE.
9 (2) A NOTICE, AS REQUIRED IN PARAGRAPH (1)(II), IS
10 ACCEPTABLE IF IT IS A POSTAGE PREPAID AND PREADDRESSED RETURN
11 CARD, SENT BY FORWARDABLE MAIL, ON WHICH THE ELECTOR MAY
12 STATE THE ELECTOR'S CURRENT ADDRESS, IF IT CONTAINS A NOTICE
13 AS FOLLOWS:
14 (I) THE NOTICE MUST STATE ALL OF THE FOLLOWING:
15 (A) IF THE ELECTOR DID NOT CHANGE RESIDENCE OR
16 CHANGED RESIDENCE BUT STILL RESIDES IN THE COUNTY,
17 THE ELECTOR MUST RETURN THE CARD NOT LATER THAN 30
18 DAYS PRIOR TO THE NEXT ELECTION. IF THE CARD IS NOT
19 RETURNED, AFFIRMATION OR CONFIRMATION OF THE
20 ELECTOR'S ADDRESS MAY BE REQUIRED BEFORE THE ELECTOR
21 IS PERMITTED TO VOTE IN AN ELECTION DURING THE PERIOD
22 BEGINNING ON THE DATE OF THE NOTICE AND ENDING ON THE
23 DAY AFTER THE DATE OF THE SECOND GENERAL ELECTION FOR
24 FEDERAL OFFICE THAT OCCURS AFTER THE DATE OF THE
25 NOTICE. IF THE ELECTOR DOES NOT VOTE IN AN ELECTION
26 DURING THAT PERIOD, THE ELECTOR'S REGISTRATION SHALL
27 BE CANCELED.
28 (B) IF THE ELECTOR HAS CHANGED RESIDENCE TO A
29 PLACE OUTSIDE THE COUNTY IN WHICH THE ELECTOR IS
30 REGISTERED, INFORMATION SHALL BE PROVIDED CONCERNING
19950H1212B2217 - 92 -
1 HOW THE ELECTOR CAN REGISTER IN THE NEW COUNTY OF
2 RESIDENCE.
3 (II) THE NOTICE MUST STATE THE DATE OF THE NOTICE,
4 THE DATE OF THE NEXT ELECTION AND THE DATE OF THE SECOND
5 GENERAL ELECTION FOR FEDERAL OFFICE OCCURRING AFTER THE
6 DATE OF THE NOTICE.
7 (3) THE COMMISSION SHALL CORRECT REGISTRATION RECORDS IN
8 ACCORDANCE WITH CHANGE OF RESIDENCE INFORMATION OBTAINED IN
9 CONFORMANCE WITH THIS SUBSECTION.
10 SECTION 1902. PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
11 NOTIFICATION CARD.
12 (A) SAME COUNTY.--
13 (1) AN ELECTOR WHO HAS MOVED FROM AN ADDRESS IN THE
14 COUNTY COVERED BY A POLLING PLACE TO AN ADDRESS COVERED BY
15 THE SAME POLLING PLACE SHALL, NOTWITHSTANDING FAILURE TO
16 NOTIFY THE COMMISSION PRIOR TO THE DATE OF AN ELECTION, BE
17 PERMITTED TO VOTE IN THAT POLLING PLACE UPON WRITTEN
18 AFFIRMATION BY THE ELECTOR OF THE CHANGE OF ADDRESS BEFORE AN
19 ELECTION OFFICIAL AT THAT POLLING PLACE.
20 (2) AN ELECTOR WHO HAS MOVED FROM ONE ADDRESS IN THE
21 COUNTY TO ANOTHER ADDRESS IN THE SAME COUNTY COVERED BY A
22 DIFFERENT POLLING PLACE AND WHO HAS FAILED TO NOTIFY THE
23 COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF AN
24 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
25 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
26 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN
27 ELECTION OFFICIAL AT THE FORMER POLLING PLACE.
28 (B) DIFFERENT COUNTY.--AN ELECTOR WHO HAS MOVED FROM ONE
29 COUNTY TO ANOTHER COUNTY AND WHO HAS FAILED TO NOTIFY THE
30 COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF THE
19950H1212B2217 - 93 -
1 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
2 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
3 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN ELECTION
4 OFFICIAL AT THE FORMER POLLING PLACE.
5 SECTION 1903. INCORRECT RECORDS.
6 IF REGISTRATION RECORDS INCORRECTLY INDICATE THAT AN ELECTOR
7 HAS MOVED FROM AN ADDRESS IN THE AREA COVERED BY A POLLING
8 PLACE, THE ELECTOR SHALL, UPON WRITTEN AFFIRMATION BEFORE AN
9 ELECTION OFFICIAL AT THAT POLLING PLACE, BE PERMITTED TO VOTE AT
10 THAT POLLING PLACE.
11 SECTION 1904. FILES.
12 (A) CANCELLATION.--IF THE REGISTRATION OF AN ELECTOR IS
13 CANCELED, THE REGISTRATION COMMISSION SHALL MARK ON THE
14 REGISTRATION CARDS OF THE ELECTOR THE WORD "CANCELED" AND THE
15 DATE AND CAUSE OF CANCELLATION. THE COMMISSION SHALL REMOVE THE
16 CARD FROM THE GENERAL REGISTER AND THE DISTRICT REGISTER.
17 REMOVED CARDS SHALL BE RETAINED FOR FIVE YEARS.
18 (B) NONESSENTIAL RECORDS.--RECORDS WHICH ARE NOT ESSENTIAL
19 FOR MAINTAINING THE CURRENT STATUS OF A QUALIFIED ELECTOR MAY BE
20 DESTROYED BY THE COMMISSION THREE YEARS FROM THE DATE THE
21 COMMISSION MARKS THEM AS NONESSENTIAL.
22 SECTION 1905. ERRORS IN CANCELLATION.
23 (A) PETITION.--IF THE REGISTRATION OF AN ELECTOR HAS BEEN
24 CANCELED THROUGH ERROR, THE ELECTOR MAY PETITION THE
25 REGISTRATION COMMISSION FOR REINSTATEMENT.
26 (B) TIME.--THE PETITION MUST BE FILED BY THE TENTH DAY
27 PRECEDING AN ELECTION.
28 (C) ACTION.--
29 (1) THE COMMISSION SHALL HOLD A HEARING ON THE PETITION.
30 (2) IF THE COMMISSION FINDS THAT THERE WAS AN ERROR, THE
19950H1212B2217 - 94 -
1 COMMISSION SHALL REINSTATE THE REGISTRATION.
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 VOTER registration or <--
7 ABSENTEE BALLOT application forms which may be used, with prior <--
8 approval by the secretary, by political bodies, candidates and
9 organized bodies of citizens in compliance with both the
10 provisions of this act and the act of June 3, 1937 (P.L.1333,
11 No.320), known as the Pennsylvania 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
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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. Delivering or mailing official absentee ballots.
21 (a) General rule.--Except as provided under subsection (b),
22 an absentee ballot shall only be delivered to an elector by mail
23 or obtained directly by an elector who appears at the office of
24 the county election board. An elector who obtains an absentee
25 ballot at the office of the county election board shall be
26 required to sign an acknowledgment of receipt of the ballot
27 which shall be retained by the county election board under
28 section 1302.3(a) of the act of June 3, 1937 (P.L.1333, No.320),
29 known as the Pennsylvania Election Code. If any person delivers
30 or attempts to deliver his absentee ballot by any other means,
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1 the ballot shall be declared void. A person who delivers or
2 attempts to deliver another person's ballot by any other means
3 commits a misdemeanor and shall, upon conviction, be sentenced
4 to a fine of not more than $1,000 or to imprisonment for one
5 year, or both, at the discretion of the court.
6 (b) Exception.--An otherwise qualified elector who is
7 physically disabled or ill and who has executed an emergency
8 absentee ballot application in accordance with section 1302.1 of
9 the Pennsylvania Election Code may designate a person who shall
10 be permitted to deliver the absentee ballot to the elector. The
11 designation shall be in the form of a statement prescribed by
12 the secretary and shall be witnessed by one adult person.
13 SECTION 5104. APPLICABILITY OF PROVISIONS. <--
14 (A) SUSPENSION.--TO THE EXTENT THAT THE SECRETARY OF THE
15 COMMONWEALTH DETERMINES THAT THE NATIONAL VOTER REGISTRATION ACT
16 (PUBLIC LAW 103-31, 42 U.S.C. § 1973GG ET SEQ.) PROHIBITS THE
17 CANCELLATION OF REGISTRATION FOR ELECTIONS FOR FEDERAL OFFICE
18 BECAUSE OF A FAILURE TO VOTE AS PROVIDED IN SECTION 910, THE
19 PROVISIONS OF SECTIONS 906 THROUGH 912 ARE SUSPENDED. THE
20 SUSPENSION SHALL BECOME EFFECTIVE UPON PUBLICATION OF NOTICE OF
21 THE DETERMINATION IN THE PENNSYLVANIA BULLETIN.
22 (B) EFFECT ON CHAPTER 19.--SHOULD THE PROVISIONS OF SECTIONS
23 906 THROUGH 912 BE SUSPENDED AS PROVIDED IN SUBSECTION (A), THE
24 PROVISIONS OF CHAPTER 19 SHALL BE EFFECTIVE DURING THE PERIOD OF
25 SUSPENSION.
26 Section 5104 5105. Appropriations. <--
27 (a) Department of State.--The sum of $500,000, or as much
28 thereof as may be necessary, is hereby appropriated to the
29 Department of State for the fiscal year July 1, 1994, to June
30 30, 1995, for expenses incurred to implement the requirements of
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1 the National Voter Registration Act (Public Law 103-31, 42
2 U.S.C. Sec. 1973gg et seq.), including a study of the <--
3 technological needs and other aspects of the development and
4 implementation of a central registry.
5 (b) Department of Transportation.--The sum of $740,000, or
6 as much thereof as may be necessary, is hereby appropriated to
7 the Department of Transportation for the fiscal year July 1,
8 1994, to June 30, 1995, for expenses incurred to integrate voter
9 registration with driver licensing to implement the requirements
10 of the National Voter Registration Act of 1993.
11 Section 5105 5106. Severability. <--
12 The provisions of this act are severable. If any provision of
13 this act or its application to any person or circumstance is
14 held invalid, the invalidity shall not affect other provisions
15 or applications of this act which can be given effect without
16 the invalid provision or application.
17 Section 5106 5107. Repeals. <--
18 (a) Substantive provisions.--The following acts and parts of
19 acts are repealed:
20 Act of March 30, 1937 (P.L.115, No.40), known as The First
21 Class City Permanent Registration Act.
22 Act of April 29, 1937 (P.L.487, No.115), known as The
23 Permanent Registration Act for Cities of the Second Class,
24 Cities of the Second Class A, Cities of the Third Class,
25 Boroughs, Towns, and Townships.
26 (b) Appropriations.--The following acts and parts of acts
27 are repealed:
28 The appropriation for costs to implement National Voter
29 Registration Requirements in section 221 of the act of June 16,
30 1994 (P.L.1473, No.6A), known as the General Appropriation Act
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1 of 1994.
2 The appropriation for costs to integrate voter registration
3 with driver licensing in section 222 of the General
4 Appropriation Act of 1994.
5 (c) General repeal.--All other acts and parts of acts are
6 repealed insofar as they are inconsistent with this act.
7 Section 5107 5108. Applicability. <--
8 (a) Registration application.--Voter registration
9 applications prepared PRINTED prior to the effective date of <--
10 this act may be used to apply for registration under this act
11 UNTIL JUNE 30, 1997. <--
12 (b) Notice.--In the event that the five-year period for
13 notice to electors provided for under section 907(b)(3) <--
14 1901(B)(3) has been declared invalid or rejected by a court of <--
15 competent jurisdiction or by the United States Department of
16 Justice, after all appeals have been exhausted and upon
17 certification to the Secretary of the Commonwealth and
18 publication in the Pennsylvania Bulletin, notice shall be given
19 in accordance with section 907(b)(3) 1901(B)(3) after a period <--
20 of ten years. In the event that a ten-year period has been
21 certified to the Secretary of the Commonwealth as invalid and
22 upon publication in the Pennsylvania Bulletin, notice shall be
23 given in accordance with section 907(b)(3) 1901(B)(3) after a <--
24 period of 20 years.
25 (C) ELECTION CODE.--NOTHING IN THE ACT OF JUNE 3, 1937 <--
26 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE,
27 SHALL BE DEEMED INCONSISTENT WITH THIS ACT.
28 Section 5108 5109. Retroactivity. <--
29 Sections 5101 and 5102(b) 5104 AND 5106(B) shall apply <--
30 retroactively to July 1, 1994.
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1 Section 5109. Effective date. <--
2 This act shall take effect immediately.
3 SECTION 5110. EFFECTIVE DATE. <--
4 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
5 (1) THE PROVISIONS OF CHAPTER 19 SHALL TAKE EFFECT ONLY
6 AFTER THE PUBLICATION OF THE NOTICE UNDER SECTION 5104(A) AND
7 SHALL ONLY BE EFFECTIVE DURING SUCH TIME THAT THE NATIONAL
8 VOTER REGISTRATION ACT (PUBLIC LAW 103-31, 42 U.S.C. § 1973GG
9 ET SEQ.) PROHIBITS CANCELLATION OF REGISTRATION OF ELECTORS
10 FOR FEDERAL OFFENSE BECAUSE OF FAILURE TO VOTE.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
12 IMMEDIATELY.
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