SENATE AMENDED
PRIOR PRINTER'S NOS. 1366, 1605, 1652, PRINTER'S NO. 2281
1742, 2217
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 26, 1995
AN ACT
1 Providing for voter registration, for a Statewide central <--
2 registry and registration commissions and, for remedies AND <--
3 FOR ABSENTEE BALLOTS; imposing penalties; making
4 appropriations; and making 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 SECTION 5103. APPLICABILITY OF PROVISIONS. <--
7 SECTION 5104. APPROPRIATIONS.
8 SECTION 5105. SEVERABILITY.
9 SECTION 5106. REPEALS.
10 SECTION 5107. APPLICABILITY.
11 SECTION 5108. RETROACTIVITY.
12 SECTION 5109. EFFECTIVE DATE.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 CHAPTER 1
16 PRELIMINARY PROVISIONS
17 Section 101. Short title.
18 This act shall be known and may be cited as the Pennsylvania
19 Voter Registration Act.
20 Section 102. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Calendar year." The period commencing January 1 and ending
25 December 31 next following.
26 "Commission." A registration commission established under
27 section 303.
28 "Commissioner." A member of a registration commission.
29 "County." Any county of this Commonwealth. The term includes
30 a county within which is located a city of the first class or
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1 with which a city of the first class is coextensive.
2 "County election board." The Board of Elections of a county.
3 "Department." The Department of State of the Commonwealth.
4 "District." An election district or precinct of a
5 municipality.
6 "District register." The registration cards or digitized
7 signature list containing the list of qualified electors:
8 (1) arranged, by election district, alphabetically by
9 last name of the registrant; and
10 (2) prepared by the commission under section 702.
11 "Election." A general, special, municipal or primary
12 election.
13 "General election." The election which the Constitution of
14 Pennsylvania requires to be held in even-numbered years.
15 "In military service." Serving in the uniformed services as
16 defined in section 102 of the Career Compensation Act of 1949
17 (Public Law 81-350, 63 Stat. 801) or serving in the Pennsylvania
18 National Guard.
19 "Members of the merchant marine of the United States." Any
20 of the following:
21 (1) Individuals employed as officers or members of crews
22 of vessels documented under the law of the United States or
23 of vessels owned by the United States or of vessels of
24 foreign-flag registry under charter to or control of the
25 United States. This paragraph does not include individuals in
26 military service.
27 (2) Individuals enrolled with the United States for
28 employment or for training for employment or maintained by
29 the United States for emergency relief service as officers or
30 members of crews of vessels referred to in paragraph (1). The
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1 term does not include individuals in military service or
2 individuals employed or enrolled for employment or for
3 training for employment or maintained for emergency relief on
4 the Great Lakes or the inland waterways.
5 "Military elector." Any of the following:
6 (1) An individual in military service and the
7 individual's spouse and dependents.
8 (2) An individual in the merchant marine and the
9 individual's spouse and dependents.
10 (3) An individual in a religious or welfare group
11 officially attached to and serving with the armed forces of
12 the United States and the individual's spouse and dependents.
13 (4) An individual who is a civilian employee of the
14 United States outside the territorial limits of the United
15 States, whether or not the individual is subject to the civil
16 service laws and the Classification Act of 1949 (Public Law
17 81-429, 63 Stat. 954) and whether or not the individual is
18 paid from funds appropriated by Congress, and the
19 individual's spouse and dependents.
20 "Municipal election." The election which the Constitution of
21 Pennsylvania requires to be held in odd-numbered years.
22 "Municipality." A city, borough, town or township.
23 "November election." Either the general or the municipal
24 election, or both, according to the context.
25 "Overseas citizen." An individual who resides outside the
26 territorial limits of the United States and who, but for such
27 residence, would be a qualified elector. The term does not
28 include a military elector.
29 "Party." Any of the following:
30 (1) A party or political body, one of whose candidates
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1 at the general election immediately preceding the primary:
2 (i) polled, in each of at least ten counties, at
3 least 2% of the largest entire vote cast in the county
4 for any elected candidate; and
5 (ii) polled a total vote in this Commonwealth equal
6 to at least 2% of the largest entire vote cast in this
7 Commonwealth for any elected candidate.
8 (2) A party or political body, one of whose candidates
9 at either the general or municipal election preceding the
10 primary polled at least 5% of the largest entire vote cast
11 for any elected candidate in any county.
12 "Person authorized to administer oaths." The term includes
13 an individual who is a commissioned officer in military service
14 or a member of the merchant marine of the United States
15 designated for this purpose by the United States Secretary of
16 Commerce.
17 "Person in military service." The term shall mean a
18 qualified elector who is, by enlistment, enrollment or draft in
19 actual military service.
20 "Political body." A political body not recognized as a
21 political party which has filed proper nomination papers as
22 required by law.
23 "Primary election." An election for the nomination of
24 candidates.
25 "Public office." Any Federal, State or political
26 subdivision, office or position of employment requiring the
27 individual elected or appointed to render public service for a
28 fixed fee or compensation. The term does not include the office
29 of notary public or commissioner of deeds.
30 "Qualified elector." An individual who possesses all of the
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1 qualifications for voting prescribed by the Constitution of
2 Pennsylvania and the laws of this Commonwealth or who, being
3 otherwise qualified by continued residence in the election
4 district, obtains such qualifications before the next ensuing
5 election. The term does not include a military elector.
6 "Registration card." A registration record containing all
7 information required on the registration application, including
8 the elector's signature, and suitable space for the insertion by
9 the appropriate official of the following information:
10 (1) The ward and election district of residence.
11 (2) The registrant's street address.
12 (3) Data required to be given upon removal from the
13 registrant's residence.
14 (4) The date of each election at which the registrant
15 votes.
16 (5) The number and letter of the stub of the ballot
17 issued to the registrant or the registrant's number in the
18 order of admission to the voting machines.
19 (6) The initials of the election officer who enters the
20 record of voting in the district register.
21 (7) Whether the registrant needs assistance to vote and,
22 if so, the nature of the disability.
23 "Registry." The Statewide central registry of registered <--
24 qualified electors established under section 301.
25 "Secretary." The Secretary of the Commonwealth.
26 Section 103. Applicability.
27 This act applies to all counties.
28 Section 104. Construction.
29 No part of any day fixed for the performance of duties by any
30 person or official under this act shall be deemed a Sunday or a
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1 legal holiday so as to affect the legality of work done for the
2 purpose of carrying out this act or the right of a person to
3 compensation provided for rendering any service required by this
4 act or so as to relieve any person from doing on such day
5 whatever is necessary for the purpose of carrying out this act.
6 Such services are declared to be necessary public services.
7 CHAPTER 3
8 REGISTRATION SYSTEM
9 Section 301. Registry. <--
10 (a) Establishment.--The secretary has the authority to
11 implement and administer all of the provisions set forth by this
12 act. The secretary's authority includes the ability to establish
13 a Statewide registry and require the county commissioners to be
14 linked to the registry. When the secretary develops a registry,
15 it shall be developed in consultation with the county
16 commissions. The timetable for implementation of the registry
17 shall be established by the secretary.
18 (b) Regulations.--The secretary shall promulgate regulations
19 SECTION 301. REGULATIONS. <--
20 THE SECRETARY SHALL PROMULGATE REGULATIONS necessary to
21 administer this act. The regulations shall include, but not be
22 limited to, provisions which do all of the following:
23 (1) Provide for applicants to submit their voter
24 registration application to the commission, the Department of
25 Transportation and other agencies designated in section 525.
26 (2) Allow for the future establishment of and <--
27 maintenance of a Statewide central data base for all voter
28 registration information.
29 (3) Provide procedures for entering data into the
30 registry.
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1 (4) Allow the secretary to access the computerized
2 driver's license records of the Department of Transportation
3 and the computerized records of the agencies specified in
4 section 525 for voter registration purposes only.
5 (5) Allow each commission to add, modify and delete
6 information regarding registered qualified electors from its
7 county from the system to provide for accurate and up-to-date
8 records.
9 (6) Allow the secretary and commissions to view the
10 registration records of all commissions in order to ensure
11 the accuracy of each commission's files and allow the
12 secretary and commissions to access the registry for review
13 and search capabilities.
14 (7) Provide security and protection of all information
15 in the registry and ensure that unauthorized entry is not
16 allowed.
17 (8) Prescribe a procedure for phasing in or converting
18 existing voter registration records to the registry in
19 consultation with the county commissions.
20 (9) (2) Prescribe a procedure for the return of
21 completed voter registration applications from the Department
22 of Transportation, the Department of Public Welfare, armed
23 forces recruitment centers, Offices of the Clerk of Orphan's
24 Court and all other offices under this act to the secretary
25 or the appropriate commission.
26 (3) PRESCRIBE A PROCEDURE TO CONDUCT A STUDY OF THE <--
27 TECHNOLOGICAL NEEDS AND OTHER ASPECTS OF THE DEVELOPMENT AND
28 IMPLEMENTATION OF A STATEWIDE CENTRAL REGISTRY OF REGISTERED
29 QUALIFIED VOTERS AND THE STUDY SHALL BE COMPLETED BY JULY 1,
30 1996.
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1 Section 302. Existing electors.
2 All electors registered to vote in this Commonwealth on the
3 effective date of this act remain registered under this act, and
4 all electors registered for Federal elections shall, upon the
5 effective date of this act, become registered for State and
6 local elections. Information required in accordance with section <--
7 527 shall be entered into the registry as set forth in section
8 301.
9 Section 303. Commissions.
10 (a) Establishment.--A registration commission is established
11 in each county. The commission has jurisdiction over the
12 registration of electors of the county under this act.
13 (b) Membership.--
14 (1) Except as provided in paragraphs (2) and (3), the
15 county commissioners of each county shall act as a
16 registration commission for the county.
17 (2) In a city of the first class, the commission shall
18 consist of the three elected commissioners of the city. Each
19 commissioner shall be elected for a term of four years, in
20 the year that the mayor is elected.
21 (3) In counties which have adopted home rule charters or
22 optional plans, the commission shall consist of the members
23 of the county body which performs legislative functions
24 unless the county charter or optional plan provides for the
25 appointment of the commission. In either case, there must be
26 minority representation on the commission. The county body
27 which performs legislative functions shall, if the commission
28 does not contain minority representation appoint such
29 representation, from a list submitted by the county chair of
30 the minority party.
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1 (c) Compensation.--Commissioners shall receive no
2 compensation in addition to their compensation as county or city
3 commissioners.
4 (d) Majority vote required.--Actions of a commission must be
5 decided by a majority vote of all members except as otherwise
6 provided in this act.
7 (e) Records.--A commission shall keep a permanent record of
8 its proceedings.
9 (f) Regulations.--A commission may make regulations, not
10 inconsistent with this act, to do all of the following:
11 (1) Govern the public sessions of the commission.
12 (2) Perform the duties imposed by this act.
13 (3) Carry into effect the provisions of this act and
14 permit the efficient administration of this act, including
15 the designation of duties to be performed and functions to be
16 exercised under this act at its respective offices.
17 (g) Enforcement.--A commission may enforce regulations,
18 orders and subpoenas as provided in section 1101 and, if
19 necessary, shall have the assistance of the appropriate court of
20 common pleas and of all public officers subservient to the
21 court, in enforcing the regulations, orders and subpoenas.
22 (h) Errors.--A commission has the power to correct an error
23 or irregularity in registration and to cancel the registration
24 of an individual whom it finds to be improperly registered,
25 subject only to this act. Written notice must be mailed or
26 delivered to each individual whose registration is canceled.
27 Whenever a registered elector's name is changed for any reason,
28 the initial registration number shall remain the same and the
29 file shall reflect the former name change to the new name.
30 (i) Investigation.--A commission or a commissioner has the
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1 power to do any of the following:
2 (1) Summon and interrogate any person concerning the
3 registration of electors or any matter related thereto.
4 (2) Investigate irregularities in registration.
5 (3) Summon and examine witnesses.
6 (4) Require the production of relevant documents.
7 (j) Oaths and affirmations.--Each commissioner has the power
8 to administer oaths and affirmations. Each individual testifying
9 before a commission or commissioner must be sworn or affirmed.
10 (k) Correction of errors.--
11 (1) A commission has the power to correct its records
12 without requiring action of a registered elector in any of
13 the following cases:
14 (i) If the mailing address of the registered elector
15 has been changed by the renaming of a street, the
16 renumbering of a house or the changing of a post office.
17 (ii) If the election district of the registered
18 elector has been changed through a change in the
19 boundaries of an election district.
20 (2) Notice of action under paragraph (1) shall be mailed
21 promptly to the affected registered elector.
22 Section 304. Commission staff.
23 (a) Counties of the first class.--
24 (1) A commissioner may act as registrar or inspector of
25 registration.
26 (2) The commission has the power to assign assistants,
27 employees or clerks to act as registrars or inspectors of
28 registration. Individuals assigned under this paragraph shall
29 not receive additional compensation for service as registrars
30 or inspectors.
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1 (3) Appointments shall be as follows:
2 (i) The commission shall annually appoint at least
3 two registrars for each registration place. Not more than
4 one-half of the number of registrars appointed annually
5 for each registration place may be members of the same
6 political party.
7 (ii) Registrars appointed must be qualified electors
8 of the election district or ward for which they have been
9 appointed, must be of good moral character, must not have
10 been convicted of a crime, and must be familiar with the
11 qualifications of electors and the duties of the
12 registrars. No individual who holds or is a candidate for
13 public office or party office may be appointed to or hold
14 any office or employment under any commission, except as
15 otherwise provided by this act.
16 (iii) Appointments shall be as follows:
17 (A) The commission shall provide 15 days' notice
18 for submission of candidates.
19 (B) The city chairs of the party having polled
20 the highest and the second highest vote in this
21 Commonwealth at the last preceding gubernatorial
22 election may file with the commission a written list
23 of names of members of the party whom the chair
24 recommends for appointment as registrars. Lists must
25 contain the name, address, qualifications and
26 occupation of each individual recommended and shall
27 be open to public inspection in the office of the
28 commission.
29 (C) The commission shall appoint individuals
30 from the list as registrars representing the parties.
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1 If more candidates are recommended by a chair than
2 the party is entitled to have appointed, the
3 commission shall appoint those candidates from the
4 list whom the commission finds to be qualified under
5 this section. If there are not sufficient candidates
6 qualified to serve recommended by a chair, the
7 commission may appoint other individuals whom the
8 commission believes qualified.
9 (D) If a vacancy occurs in the office of
10 registrar, the commission shall fill the vacancy by
11 appointing an elector of the district or ward, as the
12 case may be, who is qualified under subparagraph (ii)
13 and who is a registered and enrolled member of the
14 same political party as the registrar whose office
15 was vacated. The vacancy appointment shall be made in
16 the same manner as the initial appointment.
17 (iv) Registrars appointed have the power to register
18 the qualified electors of the election district or ward
19 and, in so doing, to administer oaths and affirmations.
20 Registrars appointed shall perform all other duties
21 imposed on registrars by this act and by the commission.
22 (v) Nothing in this subsection shall prevent a
23 registrar from serving as a registrar in a ward or
24 division of the city, or prevent the commission from
25 assigning a registrar to register voters in a ward or
26 division of the city.
27 (vi) Except as provided in paragraph (1), each
28 registrar shall receive compensation set by the
29 commission for each day during which the registrar is
30 engaged in the active performance of duties as registrar.
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1 (vii) The commission shall designate the duties to
2 be performed by appointed registrars.
3 (4) Any insertion or removal of names or other
4 information in registers or an amendment of records done by
5 any employee, registrar or inspector by order of the
6 commission shall be construed to be an action of the
7 commission. It is the duty of the commission to correct any
8 error in such action.
9 (5) Before exercising a power of office, a registrar or
10 inspector of registration assigned under paragraph (2) or
11 appointed under paragraph (3) must comply with all of the
12 following:
13 (i) Take an oath or affirmation of office, as
14 prescribed by the commission.
15 (ii) Receive from the commission a certificate of
16 appointment, setting forth name and address, date of
17 appointment and the length of appointment.
18 (6) The commission may annually designate registration
19 places in the wards.
20 (7) The commission may appoint employees necessary to
21 perform the functions of the office and to register the
22 voters of the city. Employees shall be paid compensation as
23 set by the commission.
24 (8) Removal shall be as follows:
25 (i) The commission has the power to remove any
26 employee, inspector, registrar or other officer appointed
27 or employed by it. No registrar appointed under paragraph
28 (3) may be removed except for cause.
29 (ii) A qualified elector of the city may appear
30 before the commission and show that a registrar assigned
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1 under paragraph (2) or appointed under paragraph (3) does
2 not possess the qualifications requisite for the
3 performance of duties of office or has violated this act.
4 If, after public hearing, the commission finds the
5 charges brought to be true, the commission shall remove
6 the registrar.
7 (9) An inspector of registration has the authority to
8 investigate all matters regarding voter registration and to
9 make recommendations to the commission.
10 (10) The commission may employ counsel. Counsel shall
11 advise the commission regarding its powers and duties, the
12 rights of electors and the best methods of legal procedure
13 for carrying out this act and shall appear for and represent
14 the commission on all appeals under Chapter 13. The amount of
15 compensation for counsel shall be set by the city
16 commissioners.
17 (11) Employees and clerks of the commission shall be
18 privileged from arrest while acting as registrars.
19 Commissioners and inspectors of registration shall be
20 privileged from arrest while performing their duties, except
21 upon warrant of a court of record for a felony, for wanton
22 breach of the peace or for a criminal violation of this act.
23 (b) Counties of the second through eighth classes.--
24 (1) The registration commission shall appoint a chief
25 clerk, who may be the chief clerk of the county
26 commissioners. The chief clerk has authority to administer
27 oaths and to sign vouchers.
28 (2) Registrars and inspectors of registration must be
29 qualified electors of the county. Registrars and inspectors
30 of registration shall receive compensation, either on a per
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1 diem basis for time actually employed or on the basis of work
2 actually done, as fixed by the salary board of the county. No
3 registrar or inspector of registration may exercise any power
4 of office until taking an oath or affirmation of office
5 prescribed by the commission and receiving from the
6 commission a certificate of appointment, setting forth name
7 and address, date of appointment and length of appointment.
8 (3) Other staff shall be as follows:
9 (i) A commission may appoint assistants and
10 employees as necessary to carry out this act and may
11 remove them. The number and compensation of assistants
12 and employees shall be fixed by the salary board of the
13 county. A commission may appoint employees of the county
14 to act for the commission without additional
15 compensation.
16 (ii) The employees to be appointed by a commission
17 include:
18 (A) Registrars or clerks who are empowered to
19 register the qualified electors of the county and, in
20 so doing, to administer oaths and affirmations.
21 (B) Inspectors of registration who have
22 authority to investigate all matters regarding voter
23 registration and to make recommendations to the
24 commission.
25 (4) The county solicitor shall be counsel for the
26 commission and shall receive no compensation in addition to
27 compensation as county solicitor. Counsel shall advise the
28 commission regarding its powers and duties and the rights of
29 electors and concerning the best methods of legal procedure
30 for carrying out this act and shall appear for and represent
19950H1212B2281 - 19 -
1 the commission on appeals taken from its decisions or orders.
2 (5) Any insertion or removal of names or other
3 information in registers and the amendment of records done by
4 any employee of a commission or by order of a commission
5 shall be construed to have been done by the commission. The
6 commission shall be responsible for the correction of errors.
7 (6) No individual who holds or is a candidate for public
8 or party office may be appointed to or hold any office or
9 employment under any commission, except as otherwise provided
10 by this act.
11 (7) Commissioners, registrars and inspectors of
12 registration shall be privileged from arrest while performing
13 their duties except upon warrant of a court of record, for a
14 felony, for wanton breach of the peace or for a criminal
15 violation of this act.
16 (8) A commissioner or the chief clerk may act as
17 registrar or inspector of registration. When acting under
18 this subsection, the commissioner or chief clerk has the
19 powers and duties conferred by law upon registrars and
20 inspectors of registration.
21 Section 305. Police assistance.
22 A commission may call on police officers of the appropriate
23 municipality to maintain the peace at a place of registration.
24 Section 306. Unexpended balance; source of funds.
25 (a) Unexpended balance.--Unexpended balances of
26 appropriations made by the county commissioners prior to the
27 effective date of this act for the purpose of carrying out the
28 act of March 30, 1937 (P.L.115, No.40), known as The First Class
29 City Permanent Registration Act, and the act of April 29, 1937
30 (P.L.487, No.115), known as The Permanent Registration Act for
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1 Cities of the Second Class, Cities of the Second Class A, Cities
2 of the Third Class, Boroughs, Towns, and Townships, are
3 transferred to and made available for commissions under this
4 act.
5 (b) Source of funds.--A commission may accept and use in the
6 performance of its duties funds received from the Federal
7 Government, the Commonwealth or any other source.
8 Section 307. Open records and documents.
9 (a) Scope.--The following documents under this act are open
10 to public inspection except as otherwise provided in this
11 section:
12 (1) Records of a registration commission and of district
13 registers.
14 (2) Street lists.
15 (3) Official voter registration applications.
16 (4) Petitions and appeals.
17 (5) Witness lists.
18 (6) Accounts and contracts.
19 (7) Reports.
20 (b) Exception.--The Statewide central registry is not an <--
21 open record or document under this section or any other act.
22 (c) (B) Use.--Open material under subsection (a) may be <--
23 inspected during ordinary business hours subject to the
24 efficient operation of the commission. Public inspection shall
25 only be in the presence of a commissioner or authorized
26 commission employee and shall be subject to proper regulation
27 for safekeeping of the material and subject to this act. Upon
28 request, a photocopy of the record or computer-generated data
29 record shall be provided at cost. The material may not be used
30 for commercial or improper purposes.
19950H1212B2281 - 21 -
1 CHAPTER 5
2 VOTER REGISTRATION
3 SUBCHAPTER A
4 QUALIFICATIONS
5 Section 501. Qualifications to register.
6 (a) Eligibility.--A qualified elector who will be at least
7 18 years of age on the day of the next election, who has been a
8 citizen of the United States for at least one month PRIOR TO THE <--
9 NEXT ELECTION and who has resided in this Commonwealth and the
10 election district where the qualified elector offers to vote for
11 at least 30 days prior to the next ensuing election AND HAS NOT <--
12 BEEN CONFINED IN A PENAL INSTITUTION FOR A CONVICTION OF A
13 FELONY WITHIN THE LAST FIVE YEARS shall be entitled to be
14 registered as provided in this chapter. If an individual is
15 qualified to vote in an election district prior to removal of
16 residence, the individual may, if a resident of this
17 Commonwealth, vote in the election district from which residence
18 was removed within the 30 days preceding the election.
19 (b) Effect.--No individual shall be permitted to vote at any
20 election unless the individual is registered under this
21 subsection, except as provided by law or by order of a court of
22 common pleas. No registered elector shall be required to
23 register again for any election while the elector continues to
24 reside at the same address.
25 Section 502. Residence of electors.
26 (a) General rule.--
27 (1) For the purpose of registration and voting, no
28 individual shall be deemed to have gained a residence by
29 reason of presence or lost a residence by reason of absence
30 in any of the following circumstances:
19950H1212B2281 - 22 -
1 (i) Being employed in the service, either civil or
2 military, of this Commonwealth or of the United States.
3 (ii) Being engaged in the navigation of the waters
4 of this Commonwealth or of the United States or on the
5 high seas.
6 (iii) Being in an institution at public expense.
7 This subparagraph does not apply to a veteran who resides
8 in a home for disabled and indigent soldiers and sailors
9 maintained by the Commonwealth. Such a veteran may elect
10 to utilize that residence for registration and voting or
11 elect to vote as an absentee elector by the use of an
12 absentee ballot.
13 (2) Nothing in paragraph (1) shall preclude any elector
14 eligible under section 501 from establishing the district of
15 residence as the election district of residence pursuant to
16 subsection (b).
17 (3) Except as otherwise provided in this subsection, no
18 individual who is confined in a penal institution shall be
19 deemed a resident of the election district where the
20 institution is located. The individual shall be deemed to
21 reside where the individual was last registered before being
22 confined in the penal institution; or, if there was no
23 registration prior to confinement, the individual shall be
24 deemed to reside at the last known address before
25 confinement.
26 (4) An individual who resides at an institution for the
27 mentally ill or the mentally retarded, if otherwise qualified
28 under section 501, shall be deemed, at the individual's
29 option, a resident in one of the following:
30 (i) The district where the institution is located.
19950H1212B2281 - 23 -
1 (ii) The district where the individual was last
2 registered to vote before entering the institution. For
3 purposes of this subparagraph, if the individual was not
4 registered before entering the institution, the
5 individual shall be deemed to reside at the last known
6 address before entering the institution.
7 (b) Rules for determination.--The following apply:
8 (1) That the place shall be considered the residence of
9 an individual in which habitation is fixed and to which,
10 whenever the individual is absent, the individual has the
11 intention of returning.
12 (2) An individual shall not be considered to have lost
13 residence if the individual leaves home and goes into another
14 state or another election district for temporary purposes
15 only, with the intention of returning.
16 (3) An individual shall not be considered to have gained
17 a residence in an election district if the individual comes
18 into that district for temporary purposes only, without the
19 intention of making that election district a permanent place
20 of abode.
21 (4) If an individual removes to another state with the
22 intention of making that state the permanent residence, the
23 individual shall be considered to have lost residence in this
24 Commonwealth.
25 (5) If an individual removes to another state with the
26 intention of remaining there an indefinite time and making
27 that state the place of residence, the individual shall be
28 considered to have lost residence in this Commonwealth,
29 notwithstanding an intention to return at some indefinite
30 future period.
19950H1212B2281 - 24 -
1 (6) If an individual goes into another state and, while
2 there, votes in an election held by that state, the
3 individual shall be considered to have lost residence in this
4 Commonwealth.
5 (7) An individual employed in the service of the Federal
6 Government or of the Commonwealth and required thereby to be
7 absent from the municipality where the individual resided
8 when entering that employment, and the spouse of the
9 individual, may remain registered in the district where the
10 individual resided immediately prior to entering that
11 employment; and the individual and the spouse shall be
12 enrolled in the political party designated by the individual
13 or spouse without declaring a residence by street and number.
14 (i) An individual who registers under this paragraph
15 for Commonwealth employment must produce a certificate
16 from the head of the State agency, under the seal of
17 office, setting forth that the individual or the
18 individual's spouse is actually employed in the service
19 of the Commonwealth and setting forth the nature of the
20 employment and the time when the employee first entered
21 the employment. The commission shall retain certificates
22 under this subparagraph.
23 (ii) The commission shall note on the registration
24 card of each individual registered under this paragraph
25 the fact of Federal or State employment.
26 (iii) At least once every two years the commission
27 shall verify the employment of the individuals registered
28 under this paragraph at the proper Federal or State
29 office. If an individual is found to be no longer a
30 Federal or State employee, the individual's registration
19950H1212B2281 - 25 -
1 shall be canceled under Chapter 9.
2 SUBCHAPTER B
3 PROCEDURE
4 Section 521. Methods of voter registration.
5 An individual qualified to register to vote under section
6 501(a) may apply to register as follows:
7 (1) In person under section 522.
8 (2) In conjunction with an application for a motor
9 vehicle driver's license under section 523.
10 (3) By mail application under section 524.
11 (4) In conjunction with certain government agency
12 services under section 525.
13 Section 522. In-person voter registration.
14 (a) General rule.--Applications may be submitted to register
15 to vote or change party enrollment or name or address on current
16 registration record in person before the registration commission
17 or a commissioner, a registrar or a clerk at the office of the
18 commission or at a place designated by the commission. The
19 applicant shall be advised that any intentional false statement
20 on the application constitutes perjury and will be punishable as
21 such. The applicant shall provide the information required on
22 the registration application and sign the registration
23 declaration. The commission shall prepare and provide voter
24 registration applications for the purpose of registering
25 qualified electors in accordance with this section.
26 Notwithstanding any other provision of this act, the commission
27 may use a mail registration application for in-person
28 registration. The commission shall mail the voter's
29 identification card in accordance with section 527(a)(4)(v).
30 (b) Notice.--The commission shall, within a reasonable time,
19950H1212B2281 - 26 -
1 publicly announce the address of each place of registration, the
2 address of each office of the commission established for the
3 registration of electors other than its main office and the days
4 and hours when the place or office is open for the registration
5 of electors. The announcement shall be made by posting notice at
6 the place or office and at the commission's main office and by
7 other means as the commission deems advisable.
8 (c) Polls.--The election board of each county shall cause
9 any polling place to be open, in proper order for use, as a
10 place of registration, on each day when the polling place is
11 desired by the commission or required by the provisions of this
12 act for use as a place of registration. The appropriating
13 authority of the county shall provide for the payment of rentals
14 for such polling places and other places of registration.
15 (d) Schools.--The board of public education or the board of
16 school directors shall furnish suitable space in any public
17 school building under its jurisdiction or control and shall
18 cause the space to be open and in proper order for use as a
19 place of registration on each day when the space is desired by
20 the commission for use as a place of registration in accordance
21 with the provisions of this act. Use under this subsection may
22 not interfere with school instruction.
23 (e) Municipal buildings.--The proper authority in the county
24 or municipality shall furnish suitable space in a building under
25 its jurisdiction or control and shall cause the space to be open
26 and in proper order for use as a place of registration on each
27 day when the space is desired by the commission for use as a
28 place of registration. Use under this subsection may not
29 interfere with the use for which the space is primarily
30 designed.
19950H1212B2281 - 27 -
1 Section 523. Application with driver's license application.
2 (a) General rule.--
3 (1) The Department of Transportation shall provide for
4 simultaneous application for voter registration in
5 conjunction with the process under 75 Pa.C.S. § 1510
6 (relating to issuance and content of driver's license). An
7 application under this subsection shall serve as an
8 application to register to vote unless the applicant fails to
9 sign the voter registration application. The secretary has
10 the primary responsibility for implementing and enforcing the
11 driver's license voter registration system created under this
12 section. The secretary, in consultation with the Secretary of
13 Transportation, may promulgate regulations for implementing
14 this section.
15 (2) An application for voter registration submitted to
16 the Department of Transportation under this subsection shall
17 be considered as updating any previous voter registration
18 information by the applicant.
19 (3) Any change of address submitted under 75 Pa.C.S. § <--
20 1515 (relating to notice of change of name or address) TO THE <--
21 DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF DRIVER
22 LICENSING shall serve as notification of change of address
23 for voter registration for the registrant involved unless the
24 registrant indicates that the change of address is not for
25 voter registration purposes.
26 (b) Process.--
27 (1) The Department of Transportation shall provide for
28 an application for voter registration as part of a driver's
29 license application.
30 (2) The format of the driver's license/voter
19950H1212B2281 - 28 -
1 registration application shall be determined and prescribed
2 by the secretary and the Secretary of Transportation.
3 (3) The voter registration application portion of the
4 application shall contain all the requirements of an official
5 voter registration application specified in section 527. The
6 voter registration portion of the application:
7 (i) may not require any information that duplicates
8 information required in the driver's license portion of
9 the form, other than a second signature; and
10 (ii) may require only the minimum amount of
11 information necessary to prevent duplicate voter
12 registration, to enable the registration commission to
13 assess the eligibility of the applicant and to administer
14 voter registration and other parts of the election
15 process.
16 (c) Transmission.--
17 (1) The Department of Transportation shall forward
18 completed applications or contents of the completed voter
19 registration applications in machine-readable format to the
20 department.
21 (2) The department shall transmit the material to the
22 appropriate commission within ten days after the date of its
23 receipt by the Department of Transportation. If a voter
24 registration application is received by the Department of
25 Transportation within five days before the last day to
26 register before an election, the application shall be
27 transmitted to the appropriate commission not later than five
28 days after the date of its receipt by the Department of
29 Transportation.
30 (3) Upon receipt of the completed voter registration
19950H1212B2281 - 29 -
1 information from the department, the commission shall make a
2 record of the date of the receipt of the application and
3 process the application. No applicant shall be deemed
4 eligible to vote until the commission has received and
5 approved the application.
6 (4) Changes of address shall comply with the following:
7 (i) The Department of Transportation shall notify
8 the secretary of changes of address received under
9 subsection (a)(3). The secretary shall notify the
10 commission of the county of the registrant's prior
11 residence. Except as provided in subparagraph (ii), if
12 the registrant has moved outside of the county, the
13 commission shall forward the registrant's registration
14 card to the commission of the registrant's new county of
15 residence. Except as provided in subparagraph (ii), if
16 the registrant has moved to an address within the
17 commission's jurisdiction, the commission shall update
18 the registration record of the registrant.
19 (ii) In the case of changes of address received by
20 the Department of Transportation which do not contain a
21 signature of the registrant, the commission receiving the
22 change of address notification shall mail a notice to the
23 registrant at the new residence address requesting
24 verification of the address change. The verification
25 notice shall be in substantially the following form:
26 Date................
27 Office of the Registration Commission
28 .......... County, Pennsylvania
29 ........ (Address and Telephone No. of County)
30 We have been notified by the Department of Transportation
19950H1212B2281 - 30 -
1 that you recently moved from ................. (old
2 residence address) to ............... (new residence
3 address) and that this change of address is to serve as a
4 change of address for voter registration purposes. Unless
5 you notify this office within ten days from the date of
6 this notice that this information is not correct, your
7 voter registration will be transferred to ...........
8 County. You may notify this office by calling the
9 telephone number appearing on this form or by mailing
10 this notice to this office. You need not notify this
11 office if this information is correct.
12 ............................
13 Chief Clerk
14 If the address change is within the commission's
15 jurisdiction the county shall notify the registrant what
16 precinct the new address is in using the following form:
17 Date...............
18 Office of the Registration Commission
19 ............ County, Pennsylvania
20 .......... (Address and Telephone No. of County)
21 We have been notified by the Department of Transportation
22 that you recently moved from ................. (old
23 residence address) to (new residence address) and that
24 this change of address is to serve as a change of address
25 for voter registration purposes. Unless you notify this
26 office within ten days from the date of this notice that
27 this information is not correct, your voter registration
28 will be transferred to ................ (new precinct) in
29 this county. You may notify this office by calling the
30 telephone number appearing on this form or by mailing
19950H1212B2281 - 31 -
1 this notice to this office. You need not notify this
2 office if this information is correct.
3 ............................
4 Chief Clerk
5 Such notices must be sent by first class nonforwardable
6 mail, return postage guaranteed, and must be in a form
7 approved by the secretary and designed in such a manner
8 to allow the registrant to indicate that the address
9 change is incorrect, the reason why such discrepancy
10 exists and for return to the county commission. Such
11 notice must be signed by the registrant and dated.
12 (iii) If the registrant does not return the notice
13 under subparagraph (ii) within the ten-day period, the
14 commission shall process the change of address according
15 to subparagraph (i). If the registrant notifies the
16 commission that the information is incorrect and the
17 commission is satisfied with the registrant's explanation
18 of the discrepancy, the address of the registrant's
19 registration shall remain unchanged. If the verification
20 notification is returned by the post office, the
21 commission shall direct a confirmation notice to the
22 registrant's address of former residence in accordance
23 with section 907(d)(2) 1901(D)(2). <--
24 (d) Prohibition.--An individual who is not a qualified
25 elector is ineligible to register to vote under this section.
26 (e) Effect.--Failure to properly complete a voter
27 registration application shall not affect the validity of an
28 application for a driver's license, a renewal application or an
29 identification card application.
30 (f) Use of information.--No information regarding a
19950H1212B2281 - 32 -
1 declination to register to vote in connection with an
2 application made under this section may be used for any purpose
3 other than voter registration.
4 (g) Staff.--Agents and employees working on behalf of the
5 Department of Transportation assisting in the completion of
6 voter registration applications shall conduct themselves in a
7 manner consistent with the following principles:
8 (1) They shall not seek to influence an applicant's
9 political preference or party registration or display
10 political preference or party allegiance.
11 (2) They shall not make a statement to an applicant or
12 take an action the purpose or effect of which is to
13 discourage the applicant from registering to vote.
14 (3) Applicants wishing to register to vote under this
15 section shall be given the same degree of assistance with the
16 voter registration application as with all other Department
17 of Transportation forms.
18 Agency employees who violate this subsection shall be removed
19 from employment, provided that the agency at its discretion may
20 impose a penalty of suspension without pay for at least 30 days,
21 but not more than 120 days, if it finds that the violation does
22 not warrant termination.
23 (h) Reimbursement.--The department shall reimburse the <--
24 Department of Transportation costs incurred in operating the
25 voter registration program, as determined in a memorandum of
26 understanding between the Department of Transportation and the
27 department.
28 Section 524. Application by mail.
29 (a) General rule.--An application to register to vote or to
30 change party enrollment or name or address on a current
19950H1212B2281 - 33 -
1 registration may be submitted by voter registration mail
2 application in the manner set forth in this section. An
3 application may be submitted by mail or by representative to the
4 registration commission on an official mail registration
5 application, the form of which shall be determined and
6 prescribed by the secretary or the Federal Election Commission
7 pursuant to the National Voter Registration Act (Public Law 103-
8 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
9 information required on the registration application and sign
10 the registration declaration.
11 (b) Time.--Registration under this section may be made at
12 any time. If a registration application is received by a
13 commission beyond the deadline for registration provided in
14 section 527 526, the application shall be retained by the <--
15 commission until the beginning of the next period during which
16 registration can be made.
17 (c) Military electors.--
18 (1) A military elector may apply at any time for
19 registration on an official registration application or any
20 form prescribed by the Federal Government for such purpose.
21 (2) The status of a military elector to register under
22 this section with respect to residence shall remain as the
23 same home residence status from which the elector is
24 qualified to register. If, at the time of leaving that home
25 address, the elector had not resided in this Commonwealth or
26 in a particular election district for a sufficient time to
27 have been entitled to be registered but, by continued
28 residence, would have become entitled to be registered, the
29 elector shall be entitled to be registered at the time the
30 elector would have been entitled to register had the elector
19950H1212B2281 - 34 -
1 not left that home address but continued to reside there.
2 (3) The commission is authorized to consider a request
3 for an absentee ballot as a request for an official
4 registration application and to forward to the requester all
5 of the following:
6 (i) An absentee ballot and balloting material.
7 (ii) An official registration application.
8 (4) The military elector must complete and file these
9 documents in accordance with the applicable provisions of the
10 act of June 3, 1937 (P.L.1333, No.320), known as the
11 Pennsylvania Election Code.
12 (5) THE RIGHT TO BE REGISTERED PURSUANT TO THIS <--
13 SUBSECTION SHALL NOT BE SUBJECT TO CHALLENGE FOR ANY REASON
14 OTHER THAN FAILURE TO HAVE FURNISHED THE COMMISSION A
15 PROPERLY COMPLETED REGISTRATION APPLICATION.
16 Section 525. Government agencies.
17 (a) General rule.--The secretary shall administer a system
18 whereby all offices in this Commonwealth that provide public
19 assistance, each county clerk of Orphan's Court, including each
20 Marriage License Bureau, all offices in this Commonwealth that
21 provide State-funded programs primarily engaged in providing
22 services to persons with disabilities and all armed forces
23 recruitment centers do all of the following:
24 (1) Distribute voter registration applications with each
25 application; reapplication; and application for
26 recertification, renewal or change of address.
27 (2) Assist applicants with completion of the
28 registration application unless assistance is refused.
29 (3) Accept completed registration applications.
30 (4) Transmit completed applications to the appropriate
19950H1212B2281 - 35 -
1 registration commission.
2 (b) Forms.--An agency designated in subsection (a) shall
3 provide a form for office visits or, if the agency provides
4 services to persons with disabilities, for home visits which
5 contains all of the following:
6 (1) The question, "If you are not registered to vote
7 where you live now, would you like to apply to register to
8 vote today?"
9 (2) If the agency provides public assistance, the
10 statement, "Applying to register or declining to register to
11 vote will not affect the amount of assistance that you will
12 be provided by this agency."
13 (3) Boxes for the applicant to check to indicate whether
14 the applicant would like to register or decline to register
15 to vote. In close proximity to the boxes the following words
16 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
17 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
18 TO VOTE AT THIS TIME."
19 (4) The statement, "In order to be qualified to register
20 to vote, you must be at least 18 years of age on the day of
21 the next election, you must have been a citizen of the United
22 States for at least one month PRIOR TO THE NEXT ELECTION and <--
23 have resided in Pennsylvania and the election district where
24 you plan to vote for at least 30 days prior to the next
25 election AND YOU MUST NOT HAVE BEEN CONFINED TO A PENAL <--
26 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE
27 YEARS."
28 (5) The statement, "If you would like help in filling
29 out the voter registration application form, we will help
30 you. The decision whether to seek help is yours. You may fill
19950H1212B2281 - 36 -
1 out the form in private."
2 (6) Transmit each change of address to the appropriate <--
3 registration commission.
4 (7) (6) The statement, "If you believe that someone has <--
5 interfered with your right to register or to decline to
6 register to vote, your right to privacy in deciding whether
7 to register or in applying to register to vote, or your right
8 to choose your own political party or other political
9 preference, you may file a complaint with the Secretary of
10 the Commonwealth, Pennsylvania Department of State,
11 Harrisburg, PA 17120." The secretary shall establish and
12 publish a toll-free telephone number for the purpose of
13 receiving complaints.
14 (c) Effect.--Failure to check either box under subsection
15 (b)(3) shall be considered a declination to register to vote.
16 (d) Staff.--Agency employees assisting in the completion of
17 voter registration applications shall conduct themselves in a
18 manner consistent with the following principles:
19 (1) They shall not seek to influence an applicant's
20 political preference or party registration or display
21 political preference or party allegiance.
22 (2) They shall not make any statement to an applicant or
23 take any action the purpose of or effect of which is to
24 discourage the applicant from registering to vote.
25 (3) They shall not make any statement to an applicant or
26 take any action the purpose or effect of which is to lead the
27 applicant to believe that a decision to register or not to
28 register has any bearing on the availability of services or
29 benefits.
30 Agency employees who violate this subsection shall be removed
19950H1212B2281 - 37 -
1 from employment, provided that the agency at its discretion may
2 impose a penalty of suspension without pay for at least 30 days,
3 but not more than 120 days, if it finds that the violation does
4 not warrant termination.
5 (e) Encouraging registration.--An agency designated in
6 subsection (a) shall provide reasonable space for nonpartisan
7 signs or posters encouraging voter registration. The signs and
8 posters shall be provided by the secretary.
9 (f) Transmission.--An agency designated in subsection (a)
10 shall forward all completed registration applications to the
11 appropriate registration commission within ten days after the
12 date of receipt. If a voter registration application is received
13 within five days before the last day to register before an
14 election, the application shall be transmitted to the
15 appropriate commission not later than five days after the date
16 of its receipt by the agency.
17 (g) Confidentiality.--The identity of the voter registration
18 agency through which any particular voter is registered in
19 accordance with this section shall not be disclosed to the
20 public.
21 (h) Use of information.--No information relating to a
22 declination to register to vote in connection with an
23 application made at an office described in this section may be
24 used for any purpose other than voter registration.
25 (i) Assistance.--Each agency shall provide to each applicant
26 who chooses to register to vote the same degree of assistance
27 with regard to the completion of the registration application
28 form as is provided by the office with regard to the completion
29 of its own forms, unless the applicant refuses such assistance.
30 (j) Regulation.--The secretary shall promulgate regulations
19950H1212B2281 - 38 -
1 regarding the maintenance and destruction of forms used pursuant
2 to this section.
3 Section 526. Time.
4 (a) General rule.--Except as provided in subsection (b),
5 each registration commission, commissioners and registrars or
6 clerks appointed by the commission shall receive, during
7 ordinary business hours and during additional hours as the
8 commission prescribes, at the office of the commission and at
9 additional places as the commission designates, applications
10 from individuals who appear and claim that they are entitled to
11 be registered as electors of a municipality.
12 (b) Deadlines.--In the administration of voter registration,
13 each commission shall ensure that any eligible applicant is
14 registered to vote in an election when the applicant has met any
15 of the following conditions:
16 (1) In the case of voter registration with a motor
17 vehicle driver's license application under section 523, if
18 the valid voter registration application is submitted to the
19 appropriate Department of Transportation office not later
20 than 30 days before the date of the election.
21 (2) In the case of registration by mail under section
22 524, if the valid voter registration mail application is
23 postmarked not later than the deadline to register for the
24 ensuing election or, in the case of an illegible or missing
25 postmark, it is received not later than five days after the
26 deadline to register for the ensuing election.
27 (3) In the case of voter registration at a voter
28 registration agency under section 525, if the valid voter
29 registration application is accepted at the voter
30 registration agency not later than 30 days before the date of
19950H1212B2281 - 39 -
1 the election.
2 (4) In any other case, if the valid voter registration
3 application of the applicant is received by the appropriate
4 commission not later than 30 days before the election.
5 (c) Special rules.--
6 (1) In the case of a special election within a
7 congressional, senatorial or representative district held on
8 a day other than the day of a primary, general or municipal
9 election, the registration application forms shall not be
10 processed in the wards and election districts comprising the
11 district for the 30 days prior to the special election for
12 such election.
13 (2) No applications shall be received as follows:
14 (i) On Sundays.
15 (ii) On holidays.
16 (iii) On the day of the election.
17 (iv) During the 30 days next preceding each
18 general, municipal and primary election, except as
19 provided in subsection (b).
20 Section 527. Preparation and distribution of applications.
21 (a) Form.--
22 (1) The secretary shall prescribe the form of official
23 voter registration application. The official voter
24 registration application shall provide space for the
25 following information about the applicant:
26 (i) Full name.
27 (ii) Address of residence. If the residence is a
28 portion only of the house, the location or number of the
29 room, apartment or floor which is occupied.
30 (iii) Mailing address if different than address of
19950H1212B2281 - 40 -
1 residence.
2 (iv) Name and residence address on previous
3 registration and the year of that registration.
4 (v) Designation of political party, for the purpose
5 of voting at a primary election.
6 (vi) Date of birth.
7 (vii) Telephone number. An application shall not be
8 rejected because of noncompliance with this subparagraph.
9 (viii) Race. An application shall not be rejected
10 because of noncompliance with this subparagraph.
11 (2) Data required on the voter registration application
12 shall not be more nor less than the minimum data elements
13 permissible for Federal voter registration.
14 (3) Any person who assists in the completion of the
15 registration application shall sign the application and
16 indicate the person's address. In the case of those
17 registering under sections 523 and 525, the person providing
18 assistance shall insert the person's initials or employee or
19 agent identification number on a separate or detachable
20 portion of the application or computer data file.
21 (4) A voter registration application shall be printed on
22 stock of good quality and shall be of suitable uniform size.
23 Nothing in this act shall prohibit the design and use of an
24 electronic voter registration application which includes the
25 applicant's digitized signature. The registration application
26 shall contain the following information; however, the
27 information may be provided on a separate form for voter
28 registration made under section 523 or 525:
29 (i) Notice that an individual currently registered
30 does not need to re-register unless the individual has
19950H1212B2281 - 41 -
1 moved.
2 (ii) Instructions on how to fill out and submit the
3 application and notification of when the application must
4 be submitted to a voter registration office in order to
5 be registered for the ensuing election.
6 (iii) Notice that the registrant must be a citizen
7 of the United States for at least one month PRIOR TO THE <--
8 NEXT ELECTION and a resident of this Commonwealth and the
9 election district for at least 30 days and must be at
10 least 18 years of age by the day of the next ensuing
11 election AND HAS NOT BEEN CONFINED IN A PENAL INSTITUTION <--
12 FOR A CONVICTION OF A FELONY WITHIN THE LAST FIVE YEARS.
13 The notice required in this subparagraph shall be in
14 print identical to the declaration under subsection (b).
15 (iv) Notice that political party enrollment is
16 mandatory to vote in a primary election of a political
17 party.
18 (v) Notice that the commission will mail by
19 nonforwardable mail to the applicant a voter's
20 identification card upon acceptance of the application
21 and that the registrant should contact the commission if
22 the identification card is not received within 14 days
23 from the date the application is sent to the registration
24 office.
25 (vi) Notice that registration is not complete until
26 the application is processed and accepted by the
27 commission.
28 (vii) A warning to the registrant that making a
29 false registration or furnishing false information is
30 perjury. The notice required in this subparagraph shall
19950H1212B2281 - 42 -
1 be in print identical to the declaration under subsection
2 (b).
3 (viii) Instructions to Federal or State employees
4 who wish to retain voting residence in county of last
5 residence to so indicate on the application.
6 (ix) Notice that if an applicant declines to
7 register to vote, the fact that the applicant has
8 declined to register will remain confidential and will be
9 used only for voter registration purposes. The notice
10 required in this subparagraph shall be in print identical
11 to the declaration under subsection (b).
12 (x) Notice that, if an applicant does register to
13 vote, the office at which the applicant submits a voter
14 registration application will remain confidential and
15 will be used for voter registration purposes only. The
16 notices required in this subparagraph shall be in print
17 identical to the declaration in subsection (b).
18 (5) The official voter registration application may be
19 designed in a manner to be inserted in the district register
20 or for transfer to a registration card to be placed in the
21 district register.
22 (6) In jurisdictions where there is a single language
23 minority, the secretary may print a bilingual application.
24 (7) In jurisdictions where a single language minority
25 exceeds 5% of the population, the secretary shall:
26 (i) print a bilingual application; and
27 (ii) conduct a public educational program among that
28 language group alerting both organizations and
29 individuals of that group of the availability of the
30 bilingual application and encouraging unregistered voters
19950H1212B2281 - 43 -
1 to register.
2 (8) To implement section 524, the secretary shall print
3 an official voter registration mail application designed to
4 preserve the confidentiality of the information required to
5 be submitted. The application shall contain information
6 required by this section and shall include the name of each
7 county seat, its post office mailing address and zip code and
8 its telephone number. Voter registration mail applications
9 shall contain information indicating whether the application
10 is a new registration, change of party enrollment, change of
11 address or change of name.
12 (9) Nothing in this act shall prohibit a private
13 organization or individual from printing blank voter
14 registration applications or shall prohibit the use of such
15 applications by any other individual. Provided that the form,
16 content and paper quality of such voter registration
17 application complies with department regulations for the
18 forms or has received prior approval from the secretary.
19 (b) Registration declaration.--
20 (1) The official voter registration application shall
21 contain a registration declaration. On the declaration, the
22 applicant shall state all of the following:
23 (i) The applicant has been a citizen of the United
24 States for at least one month PRIOR TO THE NEXT ELECTION. <--
25 (ii) On the day of the next ensuing election, the
26 applicant shall be at least 18 years of age.
27 (iii) On the day of the next ensuing election, the
28 applicant shall have resided in this Commonwealth and in
29 the election district for at least 30 days.
30 (IV) THE APPLICANT HAS NOT BEEN CONFINED IN A PENAL <--
19950H1212B2281 - 44 -
1 INSTITUTION FOR A CONVICTION OF A FELONY WITHIN THE LAST
2 FIVE YEARS.
3 (iv) (V) The applicant is legally qualified to vote. <--
4 (2) The applicant shall affirm all of the following:
5 (i) The information provided in the registration
6 declaration is true.
7 (ii) The applicant understands that:
8 (A) the registration declaration will be
9 accepted for all purposes as the equivalent of an
10 affidavit; and
11 (B) if the registration contains a material
12 false statement, the applicant shall be subject to
13 penalties for perjury.
14 (3) The registration declaration shall contain the
15 printed name and signature of the applicant and the date of
16 signing. An applicant unable to sign the voter registration
17 application shall make a mark before a person of the
18 applicant's choice other than the applicant's employer or an
19 agent of the applicant's union. Such person shall insert the
20 person's name, address and telephone number. If such person
21 is an employee or agent of the Department of Transportation
22 or another agency, as provided under section 525, and is
23 assisting the applicant in an official capacity, such
24 employee or agent shall insert the initials and
25 identification number of the employee or agent. In the case
26 of applicants registering under section 523 or 525, the
27 person providing assistance shall insert initials or employee
28 or agent identification number on a separate or detachable
29 portion of the application or computer data file.
30 (4) The official registration application shall contain
19950H1212B2281 - 45 -
1 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
2 notice shall advise the applicant that, if a person signs an
3 official registration application knowing a statement
4 declared in the application to be false, the person commits
5 perjury. The notice shall specify the penalty for perjury.
6 (c) Distribution.--
7 (1) The secretary shall supply official registration
8 applications to commissions.
9 (2) The secretary shall administer a program whereby <--
10 MAKE AVAILABLE FOR DISTRIBUTION OFFICIAL VOTER REGISTRATION <--
11 APPLICATIONS TO public libraries, public schools, State-
12 related institutions of higher education, offices operated by
13 the Department of Revenue, offices operated by the Department
14 of Aging, area agencies on aging, all offices in the <--
15 Commonwealth that provide unemployment compensation, offices
16 operated by the Pennsylvania Game Commission or any of its
17 authorized license-issuing agents, offices operated by the
18 Pennsylvania Fish and Boat Commission or any of its issuing
19 agents, and offices that provide unemployment compensation.
20 do all of the following: <--
21 (3) EACH PARTICIPATING AGENCY IDENTIFIED UNDER PARAGRAPH <--
22 (2) SHALL:
23 (i) Ensure PROVIDE that official voter registration <--
24 mail applications are available on the premises and
25 displayed prominently in a conspicuous location during
26 normal business hours.
27 (ii) Provide an official voter registration mail
28 application to any individual requesting one.
29 (iii) Provide reasonable space for nonpartisan signs
30 or posters indicating the availability of official voter
19950H1212B2281 - 46 -
1 registration mail applications on the premises.
2 (3) (4) The secretary may provide technical assistance <--
3 to commissions upon request AND AGENCIES DESIGNATED UNDER <--
4 PARAGRAPH (2).
5 (4) (5) The secretary shall print and distribute mail <--
6 registration applications which are not postage paid and
7 which shall not be specific to any county registration
8 office. Along with the distribution of such applications, the
9 secretary shall also include instructions to inform the
10 applicant where the application is to be sent. Such an <--
11 application shall contain a notice that an application is
12 available from the commission.
13 (5) (6) The secretary and commissions shall supply <--
14 applications to all of the following:
15 (i) Persons and organizations who request
16 applications.
17 (ii) Federal, State and political subdivision
18 offices.
19 (iii) Political parties and political bodies.
20 (iv) Candidates.
21 (d) Staff.--Agency employees assisting in the distribution
22 of voter registration applications under subsection (c) shall
23 conduct themselves in a manner consistent with the following
24 principles:
25 (1) They shall not seek to influence an applicant's
26 political preference or party registration or display
27 political preference or party allegiance.
28 (2) They shall not make any statement to an applicant or
29 take any action the purpose of or effect of which is to
30 discourage the applicant from registering to vote.
19950H1212B2281 - 47 -
1 (3) They shall not make any statement to an applicant or
2 take any action the purpose or effect of which is to lead the
3 applicant to believe that a decision to register or not to
4 register has any bearing on the availability of services or
5 benefits.
6 Agency employees who violate this subsection shall be removed
7 from employment, provided that the agency at its discretion may
8 impose a penalty of suspension without pay for at least 30 days,
9 but not more than 120 days, if it finds that the violation does
10 not warrant termination.
11 Section 528. Approval of registration applications.
12 (a) Examination.--
13 (1) Official registration applications submitted to a
14 registration commission shall be examined by the commissioner
15 or a clerk or registrar upon receipt.
16 (2) If the official voter registration application
17 submission is in person, the application shall be attested
18 and dated by the commissioner, clerk or registrar.
19 (3) Upon receipt of any other voter registration
20 application, the commission shall make an entry of the date
21 received on the application. If the applicant does not reside
22 within the commission's county, but resides elsewhere in this
23 Commonwealth, the commission shall forward the application
24 card to the proper commission and make a record of the
25 forwarding.
26 (b) Decision.--
27 (1) If the commission finds the official registration
28 application not properly completed, the application shall be
29 rejected. The commission should make reasonable efforts to
30 complete the registration before rejecting it for omissions
19950H1212B2281 - 48 -
1 and inconsistencies. If the commission rejects an application
2 under this paragraph, it shall indicate "REJECTED" on the
3 application and state there the reason for rejection and
4 notify the applicant by first class nonforwardable mail,
5 return postage guaranteed.
6 (2) If the official registration application contains
7 the required information indicating that the applicant is
8 legally qualified to register as stated in the application,
9 the commission shall mail to the applicant a voter's
10 identification card in accordance with subsection (d)(1).
11 (3) For an application for a transfer of registration or
12 a change in address or name, if the application contains the
13 required information and the applicant is legally qualified
14 to transfer registration or change name or address as stated
15 in the application, the commission shall make the transfer or
16 change. If the commission suspects that the applicant is not
17 entitled to transfer registration or to change name or
18 address, the commission may investigate. If the commission
19 finds that the applicant is not entitled to the transfer or
20 change, the application shall be rejected. The applicant
21 shall be notified of the rejection and the reason for it.
22 Rejection shall be made no later than ten days before the
23 election succeeding the filing of the application.
24 (c) Result.--If an application is designed to serve as a
25 registration card, the accepted application of an elector may
26 serve as the elector's official registration card, if it was so
27 designed, and shall be filed in the office of the commission in
28 accordance with Chapter 7. If the application is not designed to
29 serve as a registration card, the information contained on the
30 application, including the elector's signature, shall be
19950H1212B2281 - 49 -
1 transferred to the registration card. If a commission utilizes a
2 signature digitization list, it shall transfer all information
3 contained on the application, including the signature, to the
4 registry or, until the registry is established, to a computer
5 file. Applicants for registration shall be challenged under
6 section 529.
7 (d) Disposition.--
8 (1) When the registration of an elector has been finally
9 processed under subsection (b)(2), the commission shall
10 transmit to the applicant by first-class nonforwardable mail
11 a wallet-sized voter's identification card, which shall serve
12 as notice to the applicant of the disposition of the
13 application. The card shall contain all of the following:
14 (i) Name and address of the elector.
15 (ii) Name of municipality.
16 (iii) Identification of elector's ward and district.
17 (iv) Effective date of registration.
18 (v) Designation of party enrollment and date of
19 enrollment.
20 (vi) A space for the elector's signature or mark.
21 (vii) A statement that the card relates only to the
22 time of issuance of the card and is not of itself
23 evidence or proof of the qualifications of the elector to
24 vote at an election or proof of identification for
25 purposes of applying for or receiving general assistance
26 and that it is not necessary to present the card when
27 voting. The statements required by this subparagraph
28 shall be placed on the reverse side of the card from
29 where all of the other information required by this
30 paragraph is placed.
19950H1212B2281 - 50 -
1 (2) The carrier envelope in which the identification
2 card is enclosed shall contain on the outside a request to
3 the postmaster to return it within five days if it cannot be
4 delivered to the addressee at the address given.
5 (3) No registration application shall be deemed to be
6 accepted until ten days after the voter's identification card
7 has been mailed. Upon return by the post office of an
8 identification card under paragraph (2) which the post office
9 is unable to deliver at the given address, the commission
10 shall investigate. If the commission finds that the applicant
11 is not qualified to register from such address, the
12 commission shall reject the application of the applicant and
13 shall notify the applicant by first class forwardable mail of
14 this action.
15 (4) If the applicant discloses that the elector's last
16 residence address upon registration was a location within
17 another county, the commission shall direct a cancellation
18 notice to the commission of that county. This cancellation
19 notice shall be in a form approved by the secretary in
20 substantially the following form:
21 Date .........................
22 Office of the Registration Commission
23 ................ County, Pennsylvania
24 Cancellation of Previous Registration
25 Name .................................., whose date of
26 birth is ..........................., has now registered
27 as an elector in........................ County,
28 Pennsylvania. Our records indicate that this registrant
29 was previously registered in the County of
30 ............................., Pennsylvania, at the
19950H1212B2281 - 51 -
1 following address ...............................
2 ............................
3 Chief Clerk
4 Section 529. Challenges.
5 (a) Standing.--An individual claiming the right to be
6 registered may be challenged by a commissioner, registrar or
7 clerk or by a qualified elector of the municipality.
8 (b) Complaint.--To make a challenge, a complainant must file
9 a challenge affidavit in a form prescribed by the secretary
10 containing the following information:
11 (1) Name of challenged individual.
12 (2) Address of challenged individual.
13 (3) Name of complainant.
14 (4) Address of complainant.
15 (5) Date of affidavit.
16 (6) Reason for challenge.
17 (c) Response.--An individual who is challenged must respond
18 to the challenge affidavit as set forth in subsection (b) in a
19 written statement sworn or affirmed by the individual. The
20 challenged individual must produce such other evidence as may be
21 required to satisfy the registrar or commissioner as to the
22 individual's qualifications as an elector.
23 (d) Resolution.--If the challenged individual establishes,
24 to the satisfaction of the commission, the right to be
25 registered as required by this act, the challenged individual
26 shall be registered.
27 Section 530. Appeals.
28 (a) Right.--An individual whose application to be registered
29 has been denied may file with the registration commission a
30 petition to be registered, setting forth the grounds of the
19950H1212B2281 - 52 -
1 petition under oath or affirmation. The petition must be filed
2 by the 15th day prior to an election.
3 (b) Hearing.--
4 (1) The commission shall fix a time for a public hearing
5 at its office not later than the tenth day prior to the
6 election.
7 (2) The commission shall give the person responsible for
8 the rejection 48 hours' notice of the hearing.
9 (3) At the hearing, a clerk, inspector of registration
10 or qualified elector of the county may offer evidence as to
11 why the petitioner should not be registered.
12 (4) The commission, if satisfied that the petitioner is
13 entitled to be registered, shall direct registration.
14 CHAPTER 7
15 RECORDS
16 Section 701. General register.
17 (a) Original registration cards.--If a commission uses the
18 original registration cards for registered electors in the
19 county as the district register, the duplicate registration
20 cards or photocopies of the original registration cards shall be
21 placed in exact alphabetical order by last name of the
22 registrant, shall be indexed and shall be kept at the office of
23 the registration commission in a manner as to be properly
24 safeguarded. These cards constitute the general register of the
25 county. They may not be removed from the office of the
26 commission except upon order of a court of record. Nothing in
27 this act shall preclude the use of duplicate registration cards
28 from applications provided under the act of March 30, 1937
29 (P.L.115, No.40), known as The First Class City Permanent
30 Registration Act, or the act of April 29, 1937 (P.L.487,
19950H1212B2281 - 53 -
1 No.115), known as The Permanent Registration Act for Cities of
2 the Second Class, Cities of the Second Class A, Cities of the
3 Third Class, Boroughs, Towns, and Townships.
4 (b) Digitized signature lists.--If a commission uses
5 digitized signature lists as the district register, the original
6 registration cards shall be placed in exact alphabetical order
7 by last name of the registrant, indexed and kept at the office
8 of the commission in a manner as to be properly safeguarded.
9 These original cards constitute the general register of the
10 county. They may not be removed from the office of the
11 commission except upon order of a court of record. The
12 commission shall safely retain all registration cards used in
13 the registration of electors or in conducting an election. If a
14 commission has the capability to accept an electronic
15 application, the secretary may require the commission to produce
16 a computer-generated card to file in the general register. If
17 the commission finds a record for a registrant on the computer
18 data base which is not contained in the general register, it
19 shall replace the original card with a computer-generated
20 duplicate card upon written permission from the registrant or
21 upon order of a court of record.
22 (c) Duplicate files.--If the commission deems a duplicate
23 file of registration cards necessary for administrative
24 purposes, the commission may prepare a reproduction in
25 compliance with the following:
26 (1) The registration form shall be photographed,
27 microphotographed or reproduced in a manner approved for
28 permanent records by the secretary.
29 (2) The device used to reproduce the card is one which
30 accurately reproduces the original in all details.
19950H1212B2281 - 54 -
1 (3) The photographs, microphotographs or other
2 reproductions are open to public inspection and provision is
3 made for preserving, examining and using them.
4 Section 702. District registers.
5 (a) Registration card file.--
6 (1) Except as provided in subsection (b) and in section
7 701(b), the original registration cards shall be filed by
8 election districts in exact alphabetical order by last name
9 of the registrant and shall be indexed.
10 (2) The cards constitute the district register.
11 (3) The commission shall provide binders, which are
12 capable of being locked, for filing and indexing the
13 registration cards. The keys to the binders shall at all
14 times be retained by the commission.
15 (4) The district register shall be kept at the office of
16 the commission, except as provided in subsection (b), and
17 shall be open to public inspection, subject to reasonable
18 safeguards and regulations.
19 (b) Computer lists.-- <--
20 (1) Prior to full implementation of the Statewide
21 central registry under section 301, instead of using
22 registration cards as the district register as provided in
23 subsection (a), a commission may use a computer list or
24 computer-generated cards containing the registered electors
25 arranged by election district, alphabetically by last name of
26 the registrant.
27 (2) After the full implementation of the Statewide
28 central registry under section 301, instead of using original
29 registration cards as the district register as provided in
30 subsection (a), a commission shall use a computer list or
19950H1212B2281 - 55 -
1 computer-generated cards in a format as prescribed by the
2 secretary by regulation.
3 (3) The computer list or computer-generated cards must
4 be in a form prescribed by the secretary and must contain
5 necessary information that would otherwise be available on
6 the registration cards, including a legible digitized
7 signature of the registrant copied from the signature on the
8 registration card. The district election officials shall have
9 computer printouts at the polling places containing the
10 necessary information needed to verify the identity of the
11 elector. The digitized signature list shall be open to public
12 inspection, subject to reasonable safeguards, rules and
13 regulations.
14 (4) A commission may, during systems conversion periods
15 or emergency conditions, provide for a district register
16 containing the original registration cards. The following
17 apply:
18 (i) The original registration cards shall be filed
19 by election district, in one of the following orders, as
20 determined by the commission:
21 (A) Exact alphabetical order by last name of
22 registrant.
23 (B) Order in which registrants' residences
24 appear upon the streets of the election district, in
25 exact alphabetical order by last name of registrant
26 for each residence.
27 (ii) The district register containing registration
28 cards shall be kept at the office of the commission and
29 shall be open for public inspection, subject to
30 reasonable safeguards and regulations and to the
19950H1212B2281 - 56 -
1 provisions of this act.
2 (B) COMPUTER LISTS.-- <--
3 (1) INSTEAD OF USING REGISTRATION CARDS AS THE DISTRICT
4 REGISTER AS PROVIDED IN SUBSECTION (A), A COMMISSION MAY USE
5 A COMPUTER LIST OR COMPUTER-GENERATED CARDS CONTAINING THE
6 REGISTERED ELECTORS ARRANGED BY ELECTION DISTRICT,
7 ALPHABETICALLY BY LAST NAME OF THE REGISTRANT.
8 (2) THE COMPUTER LIST OR COMPUTER-GENERATED CARDS MUST
9 BE IN A FORM PRESCRIBED BY THE SECRETARY AND MUST CONTAIN
10 NECESSARY INFORMATION THAT WOULD OTHERWISE BE AVAILABLE ON
11 THE REGISTRATION CARDS, INCLUDING A LEGIBLE DIGITIZED
12 SIGNATURE OF THE REGISTRANT COPIED FROM THE SIGNATURE ON THE
13 REGISTRATION CARD. THE DISTRICT ELECTION OFFICIALS SHALL HAVE
14 COMPUTER PRINTOUTS AT THE POLLING PLACES CONTAINING THE
15 NECESSARY INFORMATION NEEDED TO VERIFY THE IDENTITY OF THE
16 ELECTOR. THE DIGITIZED SIGNATURE LIST SHALL BE OPEN TO PUBLIC
17 INSPECTION, SUBJECT TO REASONABLE SAFEGUARDS, RULES AND
18 REGULATIONS.
19 (3) A COMMISSION MAY, DURING SYSTEMS CONVERSION PERIODS
20 OR EMERGENCY CONDITIONS, PROVIDE FOR A DISTRICT REGISTER
21 CONTAINING THE ORIGINAL REGISTRATION CARDS. THE FOLLOWING
22 APPLY:
23 (I) THE ORIGINAL REGISTRATION CARDS SHALL BE FILED
24 BY ELECTION DISTRICT, IN ONE OF THE FOLLOWING ORDERS, AS
25 DETERMINED BY THE COMMISSION:
26 (A) EXACT ALPHABETICAL ORDER BY LAST NAME OF
27 REGISTRANT.
28 (B) ORDER IN WHICH REGISTRANTS' RESIDENCES
29 APPEAR UPON THE STREETS OF THE ELECTION DISTRICT, IN
30 EXACT ALPHABETICAL ORDER BY LAST NAME OF REGISTRANT
19950H1212B2281 - 57 -
1 FOR EACH RESIDENCE.
2 (II) THE DISTRICT REGISTER CONTAINING REGISTRATION
3 CARDS SHALL BE KEPT AT THE OFFICE OF THE COMMISSION AND
4 SHALL BE OPEN FOR PUBLIC INSPECTION, SUBJECT TO
5 REASONABLE SAFEGUARDS AND REGULATIONS AND TO THE
6 PROVISIONS OF THIS ACT.
7 (c) (B) (C) Currency.--It is the duty of the commission to <--
8 compare and correct the general register and district registers
9 to ensure their accuracy. By noon of the third day preceding an
10 election, the commission shall have the district register for
11 each election district and the registry accurately corrected to
12 date.
13 (d) (C) (D) Delivery.--The commission shall deliver, in the <--
14 manner required by law for delivery of election materials, the
15 district register to the election officers for use on election
16 day.
17 (e) (D) (E) Form.--District registers shall be enclosed <--
18 within a case or container and shall be locked and sealed by the
19 commission before delivery. The district register shall have
20 printed or written thereon the words "District Register of
21 Voters" and the district and ward, if any.
22 (f) (E) (F) Examination.--Immediately following each <--
23 election, the commission shall cause each district register to
24 be examined. The commission specifically shall compare the
25 signature of each elector on each voter's certificate with his
26 signature in the district register and shall report in writing
27 to the district attorney any evidence or indication of probable
28 fraud, impersonation or forgery which may appear to the
29 commission by reason of the comparison. In the case of any
30 elector whom the election officers shall have recorded as
19950H1212B2281 - 58 -
1 removed, deceased, or challenged and prevented from voting, the
2 commission shall ascertain the facts and shall correct the
3 general and district registers in accordance with Chapter 9.
4 Section 703. Street lists.
5 (a) Preparation.--Commencing not later than the 15th day
6 prior to each election, the registration commission shall
7 prepare for each election district a list of the names and
8 addresses of all registered electors as of that date resident in
9 the district. The list may not include the digitized signature
10 of a registered voter. The list shall be arranged in one of the
11 following manners:
12 (1) By streets and house numbers.
13 (2) Alphabetically by last name of registrant.
14 (3) In a manner whereby the location of the elector's
15 residence can be identified.
16 (b) Copies.--The commission shall retain two copies of the
17 list under subsection (a) on file at its office. These copies
18 shall be available for public inspection during business hours,
19 subject to reasonable safeguards and regulations.
20 (c) Distribution.--The commission shall distribute the list
21 under subsection (a) upon request as follows:
22 (1) To officials concerned with the conduct of
23 elections.
24 (2) To political parties and political bodies.
25 (3) To candidates.
26 (d) Organizations.--The commission may, for a reasonable fee
27 approved by the secretary, distribute the list under subsection
28 (a), to organized bodies of citizens.
29 Section 704. Public information lists.
30 (a) Establishment.--
19950H1212B2281 - 59 -
1 (1) The registration commission may and, once a registry <--
2 is established, shall provide for computer inquiries
3 concerning individual registered voters. With respect to each
4 voter who is the subject of an inquiry, the information
5 provided shall contain the name, address, date of birth and
6 voting history. Upon request, the commission shall supply a
7 printed record for each such voter subject to the provisions
8 of this act. In addition, the commission may make available
9 for inspection a printed or computerized public information
10 list containing the name, address, date of birth and voting
11 history of each registered voter in the county.
12 (2) The list may also include information on voting
13 districts.
14 (3) The list may not contain the digitized signature of
15 the elector.
16 (b) Access.--
17 (1) The secretary may promulgate reasonable regulations
18 governing access to the list.
19 (2) No individual inspecting the list may tamper with or
20 alter it.
21 (3) No individual who inspects the list or who acquires
22 names of registered voters from the list may use information
23 contained in the list for purposes unrelated to elections,
24 political activities or law enforcement. Before inspecting
25 the list or obtaining names of voters or other information
26 from the list, the individual must provide identification to
27 the public official having custody of the public information
28 list and must state in writing that any information obtained
29 from the list will not be used for purposes unrelated to
30 elections, political activities or law enforcement.
19950H1212B2281 - 60 -
1 (c) Copies.--
2 (1) The commission shall provide paper copies of the
3 public information lists and may provide copies in some other
4 form to any voter registered in this Commonwealth within ten
5 days of receiving a written request accompanied by payment of
6 the cost of reproduction and postage. The cost of the copies
7 shall be determined by the office providing copies.
8 (2) An individual who inspects or acquires a copy of a
9 public information list may not use any information contained
10 in it for purposes unrelated to elections, political
11 activities or law enforcement.
12 Section 705. Retention of records.
13 (a) Computer lists.--Each commission shall preserve computer
14 lists used as district registers for five years.
15 (b) Records.--
16 (1) The department and each commission shall preserve
17 for two years and shall make available for public inspection
18 and, where available, photocopying at a reasonable cost, all
19 records concerning the implementation of programs and
20 activities conducted for the purposes of ensuring the
21 accuracy and currency of official lists of eligible voters,
22 except to the extent that the records relate to a declination
23 to register to vote or to the identity of a voter
24 registration agency through which any particular voter is
25 registered.
26 (2) The records preserved under paragraph (1) shall
27 include lists of the names and addresses of all individuals
28 to whom notices described in section 901 are sent, and
29 information concerning whether or not the individual has
30 responded to the notice as of the date that inspection of the
19950H1212B2281 - 61 -
1 record is made.
2 Section 706. Reports.
3 (a) Commission.--By March 1, the commission shall submit to
4 the secretary an annual report setting forth the number of
5 electors registered under sections 522, 523, 524 and 525. The
6 report shall specify the number of electors whose registration
7 has been canceled under Chapter 9 and any other information
8 required by the secretary.
9 (b) Secretary.--The secretary shall submit an annual report
10 to the General Assembly by June 30 assessing the impact of this
11 act on the administration of elections during the preceding year
12 and including recommendations for improvements to procedures,
13 forms and other matters affected by this act.
14 CHAPTER 9
15 CHANGES IN RECORDS
16 Section 901. Removal notices.
17 (a) Form.--
18 (1) The commission shall make removal notices available
19 to electors who are registered in the county.
20 (2) The notice shall be printed upon cards suitable for
21 mailing, addressed to the office of the commission. The
22 notice shall provide the following information:
23 (i) The address of present residence, including
24 municipality.
25 (ii) The address of last registration, including
26 municipality.
27 (iii) Date of removal to present residence.
28 (iv) Signature.
29 (3) The notice shall contain a statement that the
30 elector may, by filling out properly and signing a removal
19950H1212B2281 - 62 -
1 notice and returning it to the office of the commission,
2 secure the transfer of registration, effective as to
3 elections at least 30 days after the date of removal into the
4 new district.
5 (4) The notice shall contain a warning to the elector
6 that the notice will not be accepted as an application for
7 transfer of the elector's registration unless the signature
8 thereon can be identified by the commission as the elector's
9 signature as it appears on file with the commission.
10 (5) The notice shall contain a warning to the elector
11 that the notice must be received by the commission not later
12 than 30 days before the election. If mailed, the notice must
13 be postmarked not later than the deadline for registration
14 or, in the case of an illegible or missing postmark, received
15 within five days of the close of registration.
16 (b) Use.--An elector who removes residence from one place to
17 another within the same county must notify the commission by
18 filing a removal notice under subsection (a), or a signed
19 request for renewal that contains the information required in
20 subsection (a), with the commission not later than the
21 registration deadline before the election. If mailed, the notice
22 or request must be postmarked not later than the deadline for
23 registration or, in the case of an illegible or missing
24 postmark, received within five days of the close of
25 registration. The following apply:
26 (1) An official registration application of an elector
27 who has registered by mail qualifies as a removal notice.
28 (2) An elector who removes residence from one place to
29 another within the same county and who has not yet filed a
30 removal notice with the commission shall be permitted to vote
19950H1212B2281 - 63 -
1 at the election next following removal if, at the time of
2 signing voter's certificate, the elector files with the judge
3 of election a signed removal notice properly filled out.
4 Removal notices under this paragraph shall be returned to the
5 commission with the voting check list, and the commission
6 shall proceed to transfer the registration of the electors
7 under section 902.
8 Section 902. Transfer of registration.
9 (a) General rule.--Upon timely receipt of notification of
10 removal under section 901(b), the registration commission shall
11 proceed as follows:
12 (1) The signature on the notification document shall be
13 compared with the signature of the elector as it appears on
14 file with the commission.
15 (2) If the signature appears authentic, the commission
16 shall enter the change of residence on the registration card
17 of the elector in the general register and district register
18 and shall transfer the registration card of the elector from
19 the district register of the election district of previous
20 residence to the district register of the election district
21 of new residence.
22 (3) If a request for transfer which is determined to be
23 authentic under paragraph (2) shows a removal within the
24 period of 30 days preceding an election, the commission,
25 after such election, shall enter the change of residence on
26 the registration card of the elector in the general register
27 and district register and shall transfer the registration
28 card of the elector from the district register of the
29 election district of previous residence. The commission shall
30 advise the elector promptly in writing of its action.
19950H1212B2281 - 64 -
1 (b) Electors unable to write.--An elector who is unable to
2 sign the notification document may affix a mark to the
3 notification document. The mark must be affixed in the presence
4 of a witness, who must sign the notification document.
5 Section 903. Change of enrollment of political party.
6 By the deadline for registration, a registered voter who
7 desires to change the enrollment of political designation or
8 who, although registered, has not previously enrolled as a
9 member of a party may appear before a commissioner, registrar or
10 clerk or may submit an application by mail under section 524 and
11 state in a signed writing the political party in which the voter
12 desires to be enrolled. If the signature of the elector is
13 verified by comparison with the elector's signature as it
14 appears on file with the commission, the commissioner, registrar
15 or clerk shall make the change in the general register and
16 district register. If supported by other evidence of identity, a
17 mark may be made in lieu of a signature by an elector who is
18 unable to write. The mark must be made in the presence of a
19 witness, who must sign the registration application.
20 Section 904. Physical disability.
21 (a) Eligibility.--If an elector is unable to see or mark the
22 ballot or operate the voting machine or to enter the voting
23 compartment or voting machine booth without assistance, the
24 following apply:
25 (1) The elector may, at least ten days prior to the next
26 election, personally make application to the commission or a
27 registrar or a clerk.
28 (2) The application must request the entry of the exact
29 nature of the disability on the elector's registration card.
30 (3) The commission shall make the entry as appropriate.
19950H1212B2281 - 65 -
1 (4) If the disability is not entered on the registration
2 card, the elector may receive assistance if the elector
3 completes a declaration in the polling place. under section <--
4 1218 of the act of June 3, 1937 (P.L.1333, No.320), known as
5 the Pennsylvania Election Code.
6 (b) Termination.--If the commission ascertains that an
7 elector who has declared need for assistance is no longer in
8 need of assistance, it shall cancel on the registration card the
9 entry relating to illiteracy or physical disability which
10 authorized assistance. The commission shall notify the elector
11 by mail of its action.
12 Section 905. Department of Health.
13 The registration commission shall cancel the registration of
14 a registered elector reported dead by the Department of Health.
15 The Department of Health shall, within 60 days of receiving
16 notice of the death of an individual 18 years of age or older,
17 send the name and address of residence of that individual to the
18 commission on a form prescribed by the department. An individual
19 incorrectly reported deceased by the Department of Health may
20 appear in person before a commissioner, registrar clerk, at the
21 office of the commission, and prove identity. The commission,
22 upon such proof, shall correct its records.
23 Section 906. Residence monitoring. <--
24 (a) Municipalities.--Subject to the provisions of this act,
25 municipal officers and agencies and public utility corporations
26 furnishing electricity, gas, water or steam to householders in a
27 municipality shall report in writing to the registration
28 commission, upon the request of the commission and upon forms
29 supplied by the commission, all cases of discontinuance of
30 service to residences. The report shall include, if known, the
19950H1212B2281 - 66 -
1 name of the person who contracted for service and the addresses
2 to which that person has removed.
3 (b) Real estate brokers and rental agents.--Subject to the
4 provisions of this act, real estate brokers and rental agents
5 shall report in writing to the commission, upon the request of
6 the commission, all cases of residence property managed by them
7 which have been vacated by the tenant. The report shall include,
8 if known, the name of the tenant and the address to which the
9 tenant has removed.
10 (c) Commission.--For each registered elector identified from
11 a report under subsection (a) or (b), the commission shall take
12 action under section 907.
13 Section 907. Removal of voters.
14 (a) Removal of elector's registration record.--Commissions
15 shall institute a program to protect the integrity of the
16 electoral process and to ensure the maintenance of accurate and
17 current voter registration records. The program shall be
18 uniform, nondiscriminatory and in compliance with the Voting
19 Rights Act of 1965 (Public Law 89 110, 42 U.S.C. Sec. 1973, et
20 seq.) An elector's registration shall not be canceled except as
21 follows:
22 (1) At the request of the elector.
23 (2) Upon the death of the elector under section 905.
24 (3) Upon confirmation that the elector has moved to a
25 residence outside the county.
26 (4) Under a voter removal program as provided for under
27 subsection (b).
28 (b) Voter removal program.--
29 (1) The commission shall establish a program to identify
30 electors whose address may have changed by establishing one
19950H1212B2281 - 67 -
1 of the following programs:
2 (i) National change of address. The secretary shall
3 establish by regulation a program whereby information
4 supplied by the United States Postal Service through its
5 licensees is used on a periodic basis, but not less than
6 once every calendar year, to identify electors who may
7 have changed addresses. The information shall be
8 incorporated in the administration of the Statewide
9 central registry and shall be forwarded to the
10 commissions in a manner determined by the secretary by
11 regulation.
12 (A) If it appears from the information provided
13 through the United States Postal Service that an
14 elector has moved to a different residence address
15 within the same county as the elector is currently
16 registered, the commission shall change the
17 registration records to show the new address and
18 shall send the elector to the address recorded on the
19 elector's registration a notice of the change of
20 address by forwardable mail and a postage prepaid
21 preaddressed return form by which the elector may
22 verify or correct the address information.
23 (B) 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 outside the county, the commission shall use the
27 notice procedure described in clause (A).
28 (ii) Confirmation mailing:
29 (A) A commission may establish a program by
30 sending a direct, nonforwardable first class "return
19950H1212B2281 - 68 -
1 if undeliverable - address correction requested"
2 mailing to all registered electors in the county.
3 (B) If this program is established, the
4 commission shall use the notice procedure described
5 in subparagraph (i)(A) for any elector whose mailing
6 is returned undeliverable.
7 (2) In conjunction with, and not as an alternative to, a
8 program established under paragraph (1), a canvass may be
9 used as follows:
10 (i) The registration commission may, by
11 commissioners or by inspectors of registration, verify
12 the registration in an election district by visiting the
13 building from which an elector is registered and other
14 buildings as the commission deems necessary.
15 (ii) The commission shall make a record of the name
16 and address of each registered elector who is found not
17 to reside at the registered address or who, for any other
18 reason, appears to be not qualified to vote in the
19 registered election district.
20 (iii) The commission shall leave at the address of
21 each person referred to in subparagraph (ii) a notice
22 requiring him to communicate with the commission on or
23 before a date which the commission shall designate, and
24 which shall be not less than seven days and not more than
25 15 days from the date of the notice and in any case not
26 later than the 15th day preceding the election next
27 ensuing, and satisfy the commission of his qualifications
28 as an elector. The commission shall cause a confirmation
29 of each such notice to be sent by mail promptly to such
30 person at the address from which he is registered. The
19950H1212B2281 - 69 -
1 envelope containing such information is to be plainly
2 marked that it is not to be forwarded. At the expiration
3 of the time specified in the notice, the commission shall
4 cancel the registration of such person who has not
5 communicated with the commission and proved his
6 qualifications as an elector.
7 (iv) To facilitate the canvass under this section,
8 the commission may, when necessary, appoint special
9 inspectors of registration, in number not exceeding
10 double the number of election districts being canvassed.
11 (v) Special inspectors must be qualified electors of
12 the county. They shall be appointed without reference to
13 residence in election districts or to political
14 affiliations or beliefs. The commission shall instruct
15 special inspectors in their duties. Special inspectors
16 have the powers conferred by this act upon inspectors of
17 registration.
18 (3) In conjunction with, and not as an alternative to, a
19 program established under paragraph (1), the commission shall
20 send a notice pursuant to subsection (d) to any elector who
21 has not voted nor appeared to vote during the period
22 beginning five years before the date of the notice and ending
23 on the date of the notice and for whom the board of elections
24 did not during that period in any other way receive any
25 information that the voter still resides in the registered
26 election district.
27 (4) Commissions shall complete, not later than 90 days
28 before each primary, at least once per year the voter removal
29 programs under this section. This paragraph shall not be
30 construed to preclude any of the following:
19950H1212B2281 - 70 -
1 (i) Cancellation of an elector's registration as
2 provided for under subsection (a)(1) or (2).
3 (ii) Correction of registration records in
4 accordance with this act.
5 (c) Identification of inactive voters.--A commission shall
6 mark an "I" on the registration card of each elector who has
7 been mailed a form under subsection (b)(1) or (3) and has failed
8 to respond, which shall be included with all other registration
9 cards for that polling site and located at the individual's
10 polling site on the day of the election.
11 (d) Cancellation of registration.--
12 (1) A commission shall not cancel the registration of an
13 elector on the ground that the elector has changed residence
14 unless any of the following apply:
15 (i) The elector confirms in writing that the elector
16 has changed residence to a location outside the county in
17 which the elector is registered.
18 (ii) The elector:
19 (A) has failed to respond to a notice described
20 in paragraph (2); and
21 (B) has not voted nor appeared to vote and, if
22 necessary, corrected the commission's record of the
23 elector's address, in an election during the period
24 beginning on the date of the notice and ending on the
25 day after the date of the second general election for
26 Federal office that occurs after the date of the
27 notice.
28 (2) A notice, as required in paragraph (1)(ii), is
29 acceptable if it is a postage prepaid and preaddressed return
30 card, sent by forwardable mail, on which the elector may
19950H1212B2281 - 71 -
1 state the elector's current address, if it contains a notice
2 as follows:
3 (i) The notice must state all of the following:
4 (A) If the elector did not change residence or
5 changed residence but still resides in the county,
6 the elector must return the card not later than 30
7 days prior to the next election. If the card is not
8 returned, affirmation or confirmation of the
9 elector's address may be required before the elector
10 is permitted to vote in an election during the period
11 beginning on the date of the notice and ending on the
12 day after the date of the second general election for
13 Federal office that occurs after the date of the
14 notice. If the elector does not vote in an election
15 during that period, the elector's registration shall
16 be canceled.
17 (B) If the elector has changed residence to a
18 place outside the county in which the elector is
19 registered, information shall be provided concerning
20 how the elector can register in the new county of
21 residence.
22 (ii) The notice must state the date of the notice,
23 the date of the next election and the date of the second
24 general election for Federal office occurring after the
25 date of the notice.
26 (3) The commission shall correct registration records in
27 accordance with change of residence information obtained in
28 conformance with this subsection.
29 Section 908. Procedure for voting following failure to return
30 notification card.
19950H1212B2281 - 72 -
1 (a) Same county.--
2 (1) An elector who has moved from an address in the
3 county covered by a polling place to an address covered by
4 the same polling place shall, notwithstanding failure to
5 notify the commission prior to the date of an election, be
6 permitted to vote in that polling place upon written
7 affirmation by the elector of the change of address before an
8 election official at that polling place.
9 (2) An elector who has moved from one address in the
10 county to another address in the same county and who has
11 failed to notify the commission of the change of address
12 prior to the date of an election shall be permitted to
13 correct the voting records and vote at the elector's former
14 polling place upon written affirmation by the elector of the
15 new address before an election official at the former polling
16 place.
17 (b) Different county.--An elector who has moved from one
18 county to another county and who has failed to notify the
19 commission of the change of address prior to the date of the
20 election shall be permitted to correct the voting records and
21 vote at the elector's former polling place upon written
22 affirmation by the elector of the new address before an election
23 official at the former polling place.
24 Section 909. Incorrect records.
25 If registration records incorrectly indicate that an elector
26 has moved from an address in the area covered by a polling
27 place, the elector shall, upon written affirmation before an
28 election official at that polling place, be permitted to vote at
29 that polling place.
30 Section 910. Files.
19950H1212B2281 - 73 -
1 (a) Cancellation.--If the registration of an elector is
2 canceled, the registration commission shall mark on the
3 registration cards of the elector the word "canceled" and the
4 date and cause of cancellation. The commission shall remove the
5 card from the general register and the district register.
6 Removed cards shall be retained for five years.
7 (b) Nonessential records.--Records which are not essential
8 for maintaining the current status of a qualified elector may be
9 destroyed by the commission three years from the date the
10 commission marks them as nonessential.
11 Section 911. Errors in cancellation.
12 (a) Petition.--If the registration of an elector has been
13 canceled through error, the elector may petition the
14 registration commission for reinstatement.
15 (b) Time.--The petition must be filed by the tenth day
16 preceding an election.
17 (c) Action.--
18 (1) The commission shall hold a hearing on the petition.
19 (2) If the commission finds that there was an error, the
20 commission shall reinstate the registration.
21 SECTION 906. CHECKUP OF REGISTERS. <--
22 (A) GENERAL RULE.--AT ANY TIME PRIOR TO THE 30TH DAY
23 PRECEDING AN ELECTION, THE COMMISSION MAY MAIL TO ANY QUALIFIED
24 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER A NOTICE
25 SETTING FORTH THE ELECTOR'S NAME AND ADDRESS AS IT APPEARS IN
26 THE REGISTER, AND REQUESTING THE ELECTOR IN CASE OF ANY ERROR TO
27 PRESENT THE NOTICE WITHIN TEN DAYS AT THE OFFICE OF THE
28 COMMISSION TO HAVE THE ERROR CORRECTED, AND WARNING THAT ANY
29 DISCREPANCY BETWEEN THE QUALIFIED ELECTOR'S ACTUAL NAME AND
30 ADDRESS AND HIS NAME AND ADDRESS AS RECORDED IN THE ORIGINAL
19950H1212B2281 - 74 -
1 REGISTER WILL CONSTITUTE GROUND FOR CHALLENGING THE ELECTOR'S
2 VOTE. THE NOTICE SHALL CONTAIN ON THE OUTSIDE, "DO NOT FORWARD,
3 RETURN TO BOARD OF ELECTIONS," AND A REQUEST OF THE POSTAL
4 SERVICE TO RETURN IT WITHIN FIVE DAYS IF IT CANNOT BE DELIVERED
5 TO THE ADDRESSEE AT THE ADDRESS GIVEN.
6 (B) CHECKUP BY POSTAL SERVICE.--AT ANY TIME PRIOR TO THE
7 30TH DAY PRECEDING AN ELECTION, THE COMMISSION MAY CAUSE A
8 CHECKUP TO BE MADE BY THE POSTAL SERVICE OF ANY QUALIFIED
9 ELECTOR WHOSE NAME APPEARS IN ANY DISTRICT REGISTER.
10 (C) QUADRENNIAL CHECKUPS.--AT LEAST ONCE IN EACH FOUR YEARS
11 THE COMMISSION MAY CONDUCT A CHECKUP OF EACH REGISTERED ELECTOR
12 BY EITHER OF THE METHODS PROVIDED FOR IN SUBSECTIONS (A) AND
13 (B).
14 (D) FAILURE TO DELIVER NOTICE.--UPON THE RETURN BY THE
15 POSTAL SERVICE OF ANY NOTICE WHICH IT HAS BEEN UNABLE TO DELIVER
16 AT THE GIVEN ADDRESS BECAUSE THE ADDRESSEE CANNOT BE FOUND
17 THERE, OR UPON REPORT BY THE POSTAL SERVICE THAT ANY REGISTERED
18 ELECTOR DOES NOT RESIDE AT THE ADDRESS GIVEN ON THE REGISTRATION
19 CARD, THE COMMISSION SHALL DO ONE OF THE FOLLOWING:
20 (1) DIRECT AN AUTHORIZED EMPLOYEE TO VISIT IN PERSON THE
21 ADDRESS OF THE QUALIFIED ELECTOR AND, IF THE EMPLOYEE FINDS
22 THAT THE QUALIFIED ELECTOR DOES NOT RESIDE AT THE ADDRESS, TO
23 LEAVE AT THE ADDRESS THE NOTICE PRESCRIBED BY SUBSECTION (E).
24 (2) MAIL TO THE REGISTERED QUALIFIED ELECTOR AT THE
25 ADDRESS GIVEN ON THE REGISTRATION CARD THE NOTICE PRESCRIBED
26 BY SUBSECTION (E). THE NOTICE SHALL BE SENT AS FIRST-CLASS
27 MAIL AND SHALL CONTAIN ON THE OUTSIDE A REQUEST TO THE
28 POSTMASTER TO FORWARD IT IF THE ADDRESSEE DOES NOT RESIDE AT
29 THE ADDRESS GIVEN THEREON.
30 (E) COMMUNICATION WITH COMMISSION.--THE NOTICE STIPULATED BY
19950H1212B2281 - 75 -
1 SUBSECTION (D) SHALL REQUIRE THE REGISTERED QUALIFIED ELECTOR TO
2 COMMUNICATE WITH THE COMMISSION BY A DATE DESIGNATED BY THE
3 COMMISSION, WHICH (DATE) SHALL BE NOT LESS THAN TEN DAYS NOR
4 MORE THAN 30 DAYS FROM THE SERVICE OR MAILING OF THE NOTICE AND,
5 IN ANY CASE, NOT LATER THAN THE 15TH DAY PRECEDING THE ELECTION,
6 AND SATISFY THE COMMISSION OF QUALIFICATIONS AS A QUALIFIED
7 ELECTOR. AT THE EXPIRATION OF THE TIME SPECIFIED IN THE NOTICE,
8 THE COMMISSION SHALL CANCEL THE REGISTRATION OF A PERSON WHO HAS
9 NOT COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS
10 AS A QUALIFIED ELECTOR, EXCEPT THAT, IF A REGISTERED QUALIFIED
11 ELECTOR WHO HAS BEEN MAILED THE NOTICE PRESCRIBED BY THIS
12 SUBSECTION COMMUNICATES WITH THE COMMISSION CLAIMING THE RIGHT
13 TO REMAIN REGISTERED AT THE ADDRESS TO WHICH THE ORIGINAL NOTICE
14 WAS MAILED, THE COMMISSION SHALL INVESTIGATE AND, IF NOT
15 SATISFIED OF THE RIGHT OF THE QUALIFIED ELECTOR TO REMAIN
16 REGISTERED AT THE ADDRESS, SHALL CANCEL THE REGISTRATION OF THE
17 ELECTOR. EVERY ELECTOR WHOSE REGISTRATION IS CANCELED UNDER THIS
18 SECTION MUST REGISTER IN THE MANNER PROVIDED BY THIS ACT IN
19 ORDER TO BE ELIGIBLE TO VOTE AT ANY ELECTION.
20 (F) ELECTOR IN MILITARY SERVICE.--THE REGISTRATION OF A
21 PERSON IN MILITARY SERVICE SHALL NOT BE CANCELED BY REASON OF
22 THE FAILURE OF THE PERSON TO RESIDE AT THE ADDRESS APPEARING
23 UPON THE DISTRICT REGISTER IF THE PERSON RESIDED AT THE ADDRESS
24 ON THE DATE OF ENTERING MILITARY SERVICE.
25 SECTION 907. CANVASS OF REGISTERED ELECTORS.
26 (A) VERIFICATION.--THE COMMISSION MAY, BY INDIVIDUAL
27 COMMISSIONERS OR BY INSPECTORS OF REGISTRATION, VERIFY THE
28 REGISTRATION IN AN ELECTION DISTRICT BY VISITING EACH BUILDING
29 FROM WHICH AN ELECTOR IS REGISTERED AND OTHER BUILDINGS AS THE
30 COMMISSION DEEMS NECESSARY. THE COMMISSION SHALL MAKE A RECORD
19950H1212B2281 - 76 -
1 OF THE NAME AND ADDRESS OF EACH PERSON REGISTERED WHO IS NOT
2 FOUND TO RESIDE AT THE ADDRESS FROM WHICH THE PERSON IS
3 REGISTERED OR WHO, FOR ANY OTHER REASON, APPEARS TO BE NOT
4 QUALIFIED TO VOTE IN THE ELECTION DISTRICT FROM WHICH THE PERSON
5 IS REGISTERED. THE COMMISSION SHALL LEAVE AT THE ADDRESS OF EACH
6 SUCH PERSON THE NOTICE PRESCRIBED BY SECTION 906(E).
7 (B) ACTION.--AT THE EXPIRATION OF THE TIME SPECIFIED IN THE
8 NOTICE UNDER SECTION 906(E), THE COMMISSION SHALL CANCEL OR
9 SUSPEND THE REGISTRATION OF EACH SUCH PERSON WHO HAS NOT
10 COMMUNICATED WITH THE COMMISSION AND PROVED QUALIFICATIONS AS AN
11 ELECTOR.
12 (C) SPECIAL INSPECTORS.--FOR THE PURPOSE OF FACILITATING A
13 CANVASS, THE COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
14 INSPECTORS OF REGISTRATION IN NUMBER NOT EXCEEDING DOUBLE THE
15 NUMBER OF ELECTION DISTRICTS WHICH THE COMMISSION DETERMINES TO
16 CANVASS. THEY MUST BE QUALIFIED ELECTORS OF THE COUNTY. THEY
17 SHALL BE APPOINTED WITHOUT REFERENCE TO RESIDENCE IN ELECTION
18 DISTRICTS OR TO THEIR POLITICAL AFFILIATIONS OR BELIEFS. THE
19 COMMISSION SHALL INSTRUCT EACH SPECIAL INSPECTOR IN DISCHARGING
20 DUTIES.
21 SECTION 908. COMPARISON AND CORRECTION OF REGISTERS.
22 COMMENCING 30 DAYS PRIOR TO EACH ELECTION, THE COMMISSION
23 SHALL COMPARE AND CORRECT THE GENERAL AND DISTRICT REGISTERS.
24 SECTION 909. PETITION TO STRIKE OFF NAMES.
25 (A) INITIATION.--AT ANY TIME NOT LATER THAN THE TENTH DAY
26 PRECEDING AN ELECTION, A QUALIFIED ELECTOR, INCLUDING ANY
27 WATCHER AND ANY REGISTRAR OR INSPECTOR OF REGISTRATION, MAY
28 PETITION THE COMMISSION TO CANCEL OR SUSPEND THE REGISTRATION OF
29 A REGISTERED QUALIFIED ELECTOR. THE PETITION MUST SET FORTH,
30 UNDER OATH OR AFFIRMATION, ALL OF THE FOLLOWING:
19950H1212B2281 - 77 -
1 (1) SUFFICIENT GROUNDS FOR THE CANCELLATION OR
2 SUSPENSION.
3 (2) THAT:
4 (I) NOTICE OF THE TIME AND PLACE WHEN THE PETITION
5 WOULD BE PRESENTED HAS BEEN GIVEN PERSONALLY TO THE
6 REGISTERED QUALIFIED ELECTOR AT LEAST 24 HOURS PRIOR TO
7 THE PRESENTATION OF THE PETITION; OR
8 (II) THE REGISTERED QUALIFIED ELECTOR COULD NOT BE
9 FOUND AT THE PLACE GIVEN IN THE DISTRICT REGISTER AS
10 RESIDENCE AND THE PERSON IN CHARGE OF THAT PLACE, WHOSE
11 NAME MUST BE GIVEN IN THE PETITION, HAS DECLARED THAT THE
12 PERSON WAS WELL ACQUAINTED WITH THE NAMES OF ALL
13 INDIVIDUALS RESIDING AT THE PLACE AND THAT THE REGISTERED
14 QUALIFIED ELECTOR HAD NEVER BEEN OR WAS NO LONGER ONE OF
15 THEM OR THAT NO SUCH INDIVIDUAL IS RESIDING AT THE
16 ADDRESS.
17 (B) ACTION.--UPON RECEIPT OF A PETITION UNDER SUBSECTION
18 (A), THE COMMISSION SHALL CANCEL OR SUSPEND THE REGISTRATION OF
19 THE QUALIFIED ELECTOR AND AMEND ACCORDINGLY THE GENERAL AND
20 DISTRICT REGISTERS AND OTHER RECORDS AFFECTED UNLESS THE
21 QUALIFIED ELECTOR SO REGISTERED APPEARS AND SHOWS CAUSE WHY THIS
22 ACTION SHOULD NOT BE TAKEN.
23 SECTION 910. FAILURE TO VOTE.
24 (A) CHECK OF ELECTORS.--BY APRIL 1 OF EACH YEAR EXCEPT IN A
25 YEAR IN WHICH THE COMMISSION CONDUCTS A CHECK OF ELECTORS UNDER
26 SECTION 906(C), THE COMMISSION SHALL EXAMINE ALL OF THE DISTRICT
27 REGISTERS.
28 (B) SUSPENSION.--A QUALIFIED ELECTOR WHO HAS BEEN REGISTERED
29 FOR A PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR
30 YEARS BUT WHO IS NOT RECORDED AS HAVING VOTED AT AN ELECTION
19950H1212B2281 - 78 -
1 DURING THAT PERIOD IS SUBJECT TO SUSPENSION OF REGISTRATION IN
2 ACCORDANCE WITH THE FOLLOWING PROCEDURE:
3 (1) IF A QUALIFIED ELECTOR WHO HAS BEEN REGISTERED FOR A
4 PERIOD OF AT LEAST TWO IMMEDIATELY PRECEDING CALENDAR YEARS
5 IS NOT RECORDED AS HAVING VOTED AT AN ELECTION DURING THAT
6 PERIOD, THE COMMISSION SHALL SEND TO THE QUALIFIED ELECTOR BY
7 MAIL, AT THE ADDRESS APPEARING UPON THE REGISTRATION CARD, A
8 NOTICE SETTING FORTH THAT THE RECORDS OF THE COMMISSION
9 INDICATE THAT THE QUALIFIED ELECTOR HAS NOT VOTED DURING THE
10 TWO IMMEDIATELY PRECEDING CALENDAR YEARS AND THAT THE
11 QUALIFIED ELECTOR'S REGISTRATION WILL BE CANCELED AT THE
12 EXPIRATION OF 30 DAYS FROM THE DATE OF MAILING THE NOTICE
13 UNLESS THE QUALIFIED ELECTOR, WITHIN THAT PERIOD, FILES WITH
14 THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
15 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A REMOVAL NOTICE
16 PROPERLY EXECUTED, SETTING FORTH THE QUALIFIED ELECTOR'S
17 PLACE OF RESIDENCE AND SIGNED BY THE QUALIFIED ELECTOR.
18 (2) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
19 NOTICE UNDER PARAGRAPH (1), THE QUALIFIED ELECTOR MUST FILE
20 WITH THE COMMISSION, EITHER PERSONALLY OR BY MAIL, A WRITTEN
21 REQUEST FOR REINSTATEMENT OF REGISTRATION OR A PROPERLY
22 EXECUTED REMOVAL NOTICE, WHICH SETS FORTH THE QUALIFIED
23 ELECTOR'S PLACE OF RESIDENCE AND WHICH IS SIGNED BY THE
24 QUALIFIED ELECTOR. THE OFFICIAL REGISTRATION APPLICATION CARD
25 OF A QUALIFIED ELECTOR WHO HAS REGISTERED BY MAIL QUALIFIES
26 AS A REQUEST FOR REINSTATEMENT OF REGISTRATION OR A REMOVAL
27 NOTICE UNDER THIS PARAGRAPH.
28 (3) WITHIN 30 DAYS FROM THE DATE OF MAILING OF THE
29 NOTICE UNDER PARAGRAPH (1), THE COMMISSION SHALL CANCEL THE
30 REGISTRATION OF A QUALIFIED ELECTOR WHO HAS NOT COMPLIED WITH
19950H1212B2281 - 79 -
1 PARAGRAPH (2).
2 (C) EFFECT.--CANCELLATION OF REGISTRATION UNDER THIS SECTION
3 SHALL NOT AFFECT THE RIGHT OF A QUALIFIED ELECTOR TO
4 SUBSEQUENTLY REGISTER IN THE MANNER PROVIDED BY THIS ACT.
5 SECTION 911. CANCELLATION, REMOVAL AND PRESERVATION OF
6 REGISTRATION CARDS.
7 (A) GENERAL RULE.--IF THE REGISTRATION OF A QUALIFIED
8 ELECTOR IS CANCELED FOR ANY CAUSE, THE COMMISSION SHALL MARK ON
9 THE REGISTRATION CARDS OF THE ELECTOR THE WORD "CANCELED" AND
10 THE DATE AND CAUSE OF CANCELLATION AND SHALL REMOVE THEM FROM
11 THE GENERAL AND DISTRICT REGISTERS. EACH SUCH CARD SHALL BE KEPT
12 FOR FIVE YEARS, AFTER WHICH THE COMMISSION MAY DESTROY IT.
13 (B) NONESSENTIAL RECORDS.--ALL RECORDS WHICH ARE NOT
14 ESSENTIAL FOR MAINTAINING THE CURRENT STATUS OF A QUALIFIED
15 ELECTOR MAY BE DESTROYED BY THE COMMISSION AFTER THREE YEARS.
16 SECTION 912. CORRECTION OF ERRORS IN CANCELLATION OR
17 SUSPENSION.
18 IF THE REGISTRATION OF A QUALIFIED ELECTOR HAS BEEN CANCELED
19 OR SUSPENDED THROUGH ERROR, THE QUALIFIED ELECTOR MAY PETITION
20 THE COMMISSION FOR REINSTATEMENT OF REGISTRATION NOT LATER THAN
21 THE TENTH DAY PRECEDING AN ELECTION. AFTER A HEARING ON THE
22 APPLICATION, IF ERROR ON THE PART OF THE COMMISSION IS PROVED,
23 THE COMMISSION SHALL REINSTATE THE REGISTRATION.
24 CHAPTER 11
25 COMMISSION PROCEEDINGS
26 Section 1101. Subpoenas and witness fees.
27 (a) Authorization.--The commission may issue a subpoena.
28 (b) Form and effect.--A subpoena under subsection (a) shall
29 be in substantially the same form and have the same force and
30 effect as a subpoena issued by a court of common pleas. The
19950H1212B2281 - 80 -
1 commission shall have the benefit of the process of the
2 appropriate court of common pleas if necessary to enforce a
3 subpoena.
4 (c) Benefit.--A subpoena may be issued as follows:
5 (1) Upon the motion of the commission.
6 (2) Upon motion of a party before the commission. A
7 subpoena under this paragraph is only valid for one day. It
8 must be renewed by 4 p.m. for the next day.
9 (d) Fees.--
10 (1) Witnesses subpoenaed under this section shall be
11 compensated under 42 Pa.C.S. § 5903 (relating to compensation
12 and expenses of witnesses).
13 (2) Witnesses subpoenaed under subsection (c)(1) shall
14 be paid by commission funds.
15 (3) Witnesses subpoenaed under subsection (c)(2) shall
16 be paid by the party. No subpoena shall be issued under
17 subsection (c)(2) until the party pays the commission a fee
18 of 25¢ $10 for issuing the same and deposits with the <--
19 commission one day's witness fees for each witness to be
20 summoned.
21 (4) As soon as convenient after a hearing is concluded
22 or continued, the commission shall pay witnesses under
23 paragraphs (2) and (3). Unearned fees deposited under
24 paragraph (3) shall be refunded to the depositing party.
25 (5) If the petition of the elector is sustained, the
26 commission shall pay to the elector all costs paid on the
27 elector's behalf.
28 (e) Commission funds.--The commission shall pay over to the
29 county treasurer fees received under subsection (d)(3). The
30 accounts of the commission respecting payments under subsection
19950H1212B2281 - 81 -
1 (d)(2) shall be subject to audit by the county controller.
2 CHAPTER 13
3 JUDICIAL REVIEW
4 Section 1301. Court of common pleas.
5 (a) Standing.--The following have standing to appeal an
6 action of a registration commission to the appropriate court of
7 common pleas:
8 (1) An individual whose claim for registration has been
9 denied.
10 (2) An individual whose registration has been canceled
11 by the commission.
12 (3) A qualified elector of a municipality whose rights
13 are impaired by any general order made by the commission.
14 (b) Time.--An appeal under subsection (a) must be made by
15 the seventh day preceding an election.
16 (c) Grounds.--The appeal must request relief and set forth
17 the grounds for relief.
18 (d) Hearing.--Upon timely receipt of an appeal under this
19 section, the court shall conduct a hearing.
20 (e) Order.--If the court finds that an injustice has been
21 done, it shall reverse or modify the ruling of the commission
22 and issue appropriate injunctive relief.
23 (f) Costs.--
24 (1) Except as provided in paragraph (2), the court may
25 award costs for the appeal to the prevailing party.
26 (2) Costs may not be assessed against a commission or a
27 county.
28 Section 1302. Commission duties.
29 In an appeal under section 1301, the registration commission
30 shall produce any petition, register or other record in its
19950H1212B2281 - 82 -
1 custody relevant to the issue involved.
2 CHAPTER 15
3 PENALTIES
4 Section 1501. Lawful orders.
5 A person who intentionally disobeys a lawful order of a
6 registration commission or a commissioner commits a misdemeanor
7 of the third degree and shall, upon conviction, be sentenced to
8 pay a fine of not more than $2,500.
9 Section 1502. Registration.
10 (a) Improper.--A registrar, commissioner or clerk who
11 knowingly registers or permits the registration of an individual
12 not lawfully entitled to be registered commits a misdemeanor of
13 the first degree and shall, upon conviction, be sentenced to pay
14 a fine of not more than $10,000 or to imprisonment for not more
15 than five years, or both.
16 (b) Denial.--A registrar, commissioner or clerk who, without
17 reasonable cause, refuses to register an individual lawfully
18 entitled to be registered commits a misdemeanor of the first
19 degree and shall, upon conviction, be sentenced to pay a fine of
20 not more than $10,000 or to imprisonment for not more than five
21 years, or both.
22 Section 1503. Application.
23 (a) Prohibition.--An individual may not do any of the
24 following:
25 (1) Apply for registration with knowledge or reason to
26 know that the individual is not entitled to registration.
27 (2) Apply for a change of residence with knowledge or
28 reason to know that the individual is not entitled to the
29 change.
30 (3) Declare as residence a place or address which the
19950H1212B2281 - 83 -
1 individual knows is not the individual's legal residence.
2 (4) Intentionally impersonate another in an application
3 for registration.
4 (b) Penalty.--A person who violates subsection (a) commits a
5 misdemeanor of the first degree and shall, upon conviction, be
6 sentenced to pay a fine of not more than $10,000 or to
7 imprisonment for not more than five years, or both, and to
8 forfeit the right of suffrage for ten years.
9 Section 1504. Altering registration.
10 (a) Prohibition.--No registrar, commissioner, clerk or
11 assistant or commission employee may do any of the following:
12 (1) Intentionally insert or permit to be inserted an
13 entry in a registration card without a proper application
14 under this act or without requiring the proper evidence of
15 the right of the applicant to be registered.
16 (2) Intentionally materially alter a registration card
17 after the entries have been made. This paragraph does not
18 apply to an alteration pursuant to an order of a court of
19 common pleas or of the commission.
20 (b) Penalty.--A person who violates subsection (a) commits a
21 misdemeanor of the first degree and shall, upon conviction, be
22 sentenced to pay a fine of not more than $10,000 or to
23 imprisonment for not more than five years, or both.
24 Section 1505. Votes.
25 (a) Prohibition.--An election officer may not do any of the
26 following:
27 (1) Knowingly refuse the vote of a registered and
28 qualified elector.
29 (2) Knowingly accept the vote of a person not registered
30 under this act. This paragraph does not apply to a person in
19950H1212B2281 - 84 -
1 actual military service or a person having an order of court.
2 (3) Knowingly receive a vote from a person falsely
3 claiming to be a registered voter.
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 1506. Duties under act.
9 Any commissioner, registrar, clerk, inspector of
10 registration, commission officer, commission assistant,
11 commission employee, individual, partnership or corporation that
12 intentionally delays, neglects or refuses to perform a duty
13 imposed by this act commits a misdemeanor of the second degree
14 and shall, upon conviction, be sentenced to pay a fine of not
15 more than $5,000 or to imprisonment for not more than two years,
16 or both.
17 Section 1507. Official documents.
18 (a) Prohibition.--A person may not do any of the following:
19 (1) Intentionally insert or permit to be inserted a
20 material entry in any registration card, street list,
21 affidavit, petition, subpoena, certificate, report or other
22 record, authorized or required by this act to be made or
23 prepared for a purpose set forth in this act, which entry is
24 not in accordance with this act.
25 (2) Intentionally materially alter or intentionally
26 destroy an entry which has been made in any registration
27 card, street list, affidavit, petition, subpoena,
28 certificate, report or other record, authorized or required
29 by this act to be made or prepared for a purpose set forth in
30 this act, which alteration or destruction is not in
19950H1212B2281 - 85 -
1 accordance with this act.
2 (3) Remove a record from lawful custody with the intent
3 to prevent the record from being used, inspected or 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 $6,000 or to
7 imprisonment for not more than three years, or both.
8 Section 1508. Withholding information.
9 A person who intentionally refuses to furnish to a
10 commissioner or an inspector of registration information or
11 documents which the commissioner or inspector is authorized to
12 have under this act commits a misdemeanor of the second degree
13 and shall, upon conviction, be sentenced to pay a fine of not
14 more than $5,000 or to imprisonment for not more than two years,
15 or both.
16 Section 1509. Law enforcement assistance.
17 A law enforcement officer who, upon demand of any
18 commissioner or inspector of registration, fails to render
19 demanded assistance in the maintenance of peace and in the
20 making of arrests without warrant as provided in this act or who
21 intentionally hinders or attempts to hinder any commissioner or
22 inspector of registration in the performance of a duty commits a
23 misdemeanor of the second degree and shall, upon conviction, be
24 sentenced to pay a fine of not more than $5,000 or to
25 imprisonment for not more than two years, or both.
26 Section 1510. Interference.
27 A person who intentionally interferes with any other person
28 in the performance of any act or duty authorized or imposed by
29 this act commits a misdemeanor of the second degree and shall,
30 upon conviction, be sentenced to pay a fine of not more than
19950H1212B2281 - 86 -
1 $5,000 or to imprisonment for not more than two years, or both.
2 Section 1511. Preventing registration.
3 (a) Prohibition.--No person may do any of the following:
4 (1) Knowingly and intentionally prevent an individual
5 from being registered.
6 (2) By coercion, threats of bodily injury or
7 intimidation, intentionally prevent or attempt to prevent an
8 individual from being registered or from changing political
9 enrollment in accordance with the provisions of this act.
10 (3) Intentionally give or promise or offer to give money
11 or goods to an individual as an inducement for the individual
12 to enroll in a particular party or to change political
13 enrollment.
14 (4) Prevent a record from being used, inspected or
15 copied.
16 (b) Penalty.--A person who violates subsection (a) commits a
17 misdemeanor of the first degree and shall, upon conviction, be
18 sentenced to pay a fine of not more than $10,000 or to
19 imprisonment for not more than five years, or both.
20 Section 1512. Approval of registration.
21 (a) Prohibition.--A person may not do any of the following:
22 (1) Intentionally alter a party designation on a
23 registration card under section 528(c).
24 (2) Intentionally fail to make a transmission under
25 section 528(d).
26 (b) Penalty.--A person who violates subsection (a) commits a
27 misdemeanor of the third degree and shall, upon conviction, be
28 sentenced to pay a fine of $2,500 or to imprisonment for not
29 more than one year, or both.
30 SECTION 1513. SOLICITATION OF REGISTRATIONS. <--
19950H1212B2281 - 87 -
1 (A) PROHIBITION.--A PERSON MAY NOT GIVE, SOLICIT OR ACCEPT
2 PAYMENT OR FINANCIAL INCENTIVE TO OBTAIN A VOTER REGISTRATION IF
3 THE PAYMENT OR INCENTIVE IS BASED UPON THE NUMBER OF
4 REGISTRATIONS OR APPLICATIONS OBTAINED.
5 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
6 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
7 SENTENCED TO PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
8 $2,500 OR TO IMPRISONMENT FOR NOT LESS THAN ONE MONTH NOR MORE
9 THAN ONE YEAR, OR BOTH.
10 Section 1513 1514. Crimes Code. <--
11 The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury),
12 4903 (relating to false swearing) and 4904 (relating to unsworn
13 falsification to authorities) apply to violations of this act.
14 CHAPTER 17
15 ENFORCEMENT
16 Section 1701. Attorney General.
17 (a) Investigation.--The secretary shall investigate alleged
18 violations of sections 523 and 525 and report apparent
19 violations to the Attorney General.
20 (b) Prosecution.--Under section 205(a)(6) of the act of
21 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
22 Attorneys Act, the Attorney General shall have prosecutorial
23 jurisdiction over violations reported under subsection (a).
24 Section 1702. District attorneys.
25 (a) Investigation.--Except as provided in section 1701, each
26 commission shall investigate alleged violations of this act
27 within its county and report apparent violations to the district
28 attorney of the county.
29 (b) Prosecution.--Subject to section 205(a)(3) through (5)
30 of the act of October 15, 1980 (P.L.950, No.164), known as the
19950H1212B2281 - 88 -
1 Commonwealth Attorneys Act, the district attorney shall have
2 prosecutorial jurisdiction over violations reported under
3 subsection (a).
4 CHAPTER 19 <--
5 PROVISIONS CONTINGENT ON FEDERAL LAW
6 SECTION 1901. REMOVAL OF VOTERS.
7 (A) REMOVAL OF ELECTOR'S REGISTRATION RECORD.--COMMISSIONS
8 SHALL INSTITUTE A PROGRAM TO PROTECT THE INTEGRITY OF THE
9 ELECTORAL PROCESS AND TO ENSURE THE MAINTENANCE OF ACCURATE AND
10 CURRENT VOTER REGISTRATION RECORDS. THE PROGRAM SHALL BE
11 UNIFORM, NONDISCRIMINATORY AND IN COMPLIANCE WITH THE VOTING
12 RIGHTS ACT OF 1965 (PUBLIC LAW 89 110, 42 U.S.C. SEC. 1973, ET
13 SEQ.) AN ELECTOR'S REGISTRATION SHALL NOT BE CANCELED EXCEPT AS
14 FOLLOWS:
15 (1) AT THE REQUEST OF THE ELECTOR.
16 (2) UPON THE DEATH OF THE ELECTOR UNDER SECTION 905.
17 (3) UPON CONFIRMATION THAT THE ELECTOR HAS MOVED TO A
18 RESIDENCE OUTSIDE THE COUNTY.
19 (4) UNDER A VOTER REMOVAL PROGRAM AS PROVIDED FOR UNDER
20 SUBSECTION (B).
21 (B) VOTER REMOVAL PROGRAM.--
22 (1) THE COMMISSION SHALL ESTABLISH A PROGRAM TO IDENTIFY
23 ELECTORS WHOSE ADDRESS MAY HAVE CHANGED BY ESTABLISHING ONE
24 OF THE FOLLOWING PROGRAMS:
25 (I) NATIONAL CHANGE OF ADDRESS. THE SECRETARY SHALL
26 ESTABLISH BY REGULATION A PROGRAM WHEREBY INFORMATION
27 SUPPLIED BY THE UNITED STATES POSTAL SERVICE THROUGH ITS
28 LICENSEES IS USED ON A PERIODIC BASIS, BUT NOT LESS THAN
29 ONCE EVERY CALENDAR YEAR, TO IDENTIFY ELECTORS WHO MAY
30 HAVE CHANGED ADDRESSES. THE INFORMATION SHALL BE
19950H1212B2281 - 89 -
1 INCORPORATED IN THE ADMINISTRATION OF THE STATEWIDE
2 CENTRAL REGISTRY AND SHALL BE FORWARDED TO THE
3 COMMISSIONS IN A MANNER DETERMINED BY THE SECRETARY BY
4 REGULATION.
5 (A) IF IT APPEARS FROM THE INFORMATION PROVIDED
6 THROUGH THE UNITED STATES POSTAL SERVICE THAT AN
7 ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE ADDRESS
8 WITHIN THE SAME COUNTY AS THE ELECTOR IS CURRENTLY
9 REGISTERED, THE COMMISSION SHALL CHANGE THE
10 REGISTRATION RECORDS TO SHOW THE NEW ADDRESS AND
11 SHALL SEND THE ELECTOR TO THE ADDRESS RECORDED ON THE
12 ELECTOR'S REGISTRATION A NOTICE OF THE CHANGE OF
13 ADDRESS BY FORWARDABLE MAIL AND A POSTAGE PREPAID
14 PREADDRESSED RETURN FORM BY WHICH THE ELECTOR MAY
15 VERIFY OR CORRECT THE ADDRESS INFORMATION.
16 (B) IF IT APPEARS FROM THE INFORMATION PROVIDED
17 THROUGH THE UNITED STATES POSTAL SERVICE THAT AN
18 ELECTOR HAS MOVED TO A DIFFERENT RESIDENCE ADDRESS
19 OUTSIDE THE COUNTY, THE COMMISSION SHALL USE THE
20 NOTICE PROCEDURE DESCRIBED IN CLAUSE (A).
21 (II) CONFIRMATION MAILING:
22 (A) A COMMISSION MAY ESTABLISH A PROGRAM BY
23 SENDING A DIRECT, NONFORWARDABLE FIRST CLASS "RETURN
24 IF UNDELIVERABLE - ADDRESS CORRECTION REQUESTED"
25 MAILING TO ALL REGISTERED ELECTORS IN THE COUNTY.
26 (B) IF THIS PROGRAM IS ESTABLISHED, THE
27 COMMISSION SHALL USE THE NOTICE PROCEDURE DESCRIBED
28 IN SUBPARAGRAPH (I)(A) FOR ANY ELECTOR WHOSE MAILING
29 IS RETURNED UNDELIVERABLE.
30 (2) IN CONJUNCTION WITH, AND NOT AS AN ALTERNATIVE TO, A
19950H1212B2281 - 90 -
1 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), A CANVASS MAY BE
2 USED AS FOLLOWS:
3 (I) THE REGISTRATION COMMISSION MAY, BY
4 COMMISSIONERS OR BY INSPECTORS OF REGISTRATION, VERIFY
5 THE REGISTRATION IN AN ELECTION DISTRICT BY VISITING THE
6 BUILDING FROM WHICH AN ELECTOR IS REGISTERED AND OTHER
7 BUILDINGS AS THE COMMISSION DEEMS NECESSARY.
8 (II) THE COMMISSION SHALL MAKE A RECORD OF THE NAME
9 AND ADDRESS OF EACH REGISTERED ELECTOR WHO IS FOUND NOT
10 TO RESIDE AT THE REGISTERED ADDRESS OR WHO, FOR ANY OTHER
11 REASON, APPEARS TO BE NOT QUALIFIED TO VOTE IN THE
12 REGISTERED ELECTION DISTRICT.
13 (III) THE COMMISSION SHALL LEAVE AT THE ADDRESS OF
14 EACH PERSON REFERRED TO IN SUBPARAGRAPH (II) A NOTICE
15 REQUIRING HIM TO COMMUNICATE WITH THE COMMISSION ON OR
16 BEFORE A DATE WHICH THE COMMISSION SHALL DESIGNATE, AND
17 WHICH SHALL BE NOT LESS THAN SEVEN DAYS AND NOT MORE THAN
18 15 DAYS FROM THE DATE OF THE NOTICE AND IN ANY CASE NOT
19 LATER THAN THE 15TH DAY PRECEDING THE ELECTION NEXT
20 ENSUING, AND SATISFY THE COMMISSION OF HIS QUALIFICATIONS
21 AS AN ELECTOR. THE COMMISSION SHALL CAUSE A CONFIRMATION
22 OF EACH SUCH NOTICE TO BE SENT BY MAIL PROMPTLY TO SUCH
23 PERSON AT THE ADDRESS FROM WHICH HE IS REGISTERED. THE
24 ENVELOPE CONTAINING SUCH INFORMATION IS TO BE PLAINLY
25 MARKED THAT IT IS NOT TO BE FORWARDED. AT THE EXPIRATION
26 OF THE TIME SPECIFIED IN THE NOTICE, THE COMMISSION SHALL
27 CANCEL THE REGISTRATION OF SUCH PERSON WHO HAS NOT
28 COMMUNICATED WITH THE COMMISSION AND PROVED HIS
29 QUALIFICATIONS AS AN ELECTOR.
30 (IV) TO FACILITATE THE CANVASS UNDER THIS SECTION,
19950H1212B2281 - 91 -
1 THE COMMISSION MAY, WHEN NECESSARY, APPOINT SPECIAL
2 INSPECTORS OF REGISTRATION, IN NUMBER NOT EXCEEDING
3 DOUBLE THE NUMBER OF ELECTION DISTRICTS BEING CANVASSED.
4 (V) SPECIAL INSPECTORS MUST BE QUALIFIED ELECTORS OF
5 THE COUNTY. THEY SHALL BE APPOINTED WITHOUT REFERENCE TO
6 RESIDENCE IN ELECTION DISTRICTS OR TO POLITICAL
7 AFFILIATIONS OR BELIEFS. THE COMMISSION SHALL INSTRUCT
8 SPECIAL INSPECTORS IN THEIR DUTIES. SPECIAL INSPECTORS
9 HAVE THE POWERS CONFERRED BY THIS ACT UPON INSPECTORS OF
10 REGISTRATION.
11 (3) IN CONJUNCTION WITH, AND NOT AS AN ALTERNATIVE TO, A
12 PROGRAM ESTABLISHED UNDER PARAGRAPH (1), THE COMMISSION SHALL
13 SEND A NOTICE PURSUANT TO SUBSECTION (D) TO ANY ELECTOR WHO
14 HAS NOT VOTED NOR APPEARED TO VOTE DURING THE PERIOD
15 BEGINNING FIVE YEARS BEFORE THE DATE OF THE NOTICE AND ENDING
16 ON THE DATE OF THE NOTICE AND FOR WHOM THE BOARD OF ELECTIONS
17 DID NOT DURING THAT PERIOD IN ANY OTHER WAY RECEIVE ANY
18 INFORMATION THAT THE VOTER STILL RESIDES IN THE REGISTERED
19 ELECTION DISTRICT.
20 (4) COMMISSIONS SHALL COMPLETE, NOT LATER THAN 90 DAYS
21 BEFORE EACH PRIMARY, AT LEAST ONCE PER YEAR THE VOTER REMOVAL
22 PROGRAMS UNDER THIS SECTION. THIS PARAGRAPH SHALL NOT BE
23 CONSTRUED TO PRECLUDE ANY OF THE FOLLOWING:
24 (I) CANCELLATION OF AN ELECTOR'S REGISTRATION AS
25 PROVIDED FOR UNDER SUBSECTION (A)(1) OR (2).
26 (II) CORRECTION OF REGISTRATION RECORDS IN
27 ACCORDANCE WITH THIS ACT.
28 (C) IDENTIFICATION OF INACTIVE VOTERS.--A COMMISSION SHALL
29 MARK AN "I" ON THE REGISTRATION CARD OF EACH ELECTOR WHO HAS
30 BEEN MAILED A FORM UNDER SUBSECTION (B)(1) OR (3) AND HAS FAILED
19950H1212B2281 - 92 -
1 TO RESPOND, WHICH SHALL BE INCLUDED WITH ALL OTHER REGISTRATION
2 CARDS FOR THAT POLLING SITE AND LOCATED AT THE INDIVIDUAL'S
3 POLLING SITE ON THE DAY OF THE ELECTION.
4 (D) CANCELLATION OF REGISTRATION.--
5 (1) A COMMISSION SHALL NOT CANCEL THE REGISTRATION OF AN
6 ELECTOR ON THE GROUND THAT THE ELECTOR HAS CHANGED RESIDENCE
7 UNLESS ANY OF THE FOLLOWING APPLY:
8 (I) THE ELECTOR CONFIRMS IN WRITING THAT THE ELECTOR
9 HAS CHANGED RESIDENCE TO A LOCATION OUTSIDE THE COUNTY IN
10 WHICH THE ELECTOR IS REGISTERED.
11 (II) THE ELECTOR:
12 (A) HAS FAILED TO RESPOND TO A NOTICE DESCRIBED
13 IN PARAGRAPH (2); AND
14 (B) HAS NOT VOTED NOR APPEARED TO VOTE AND, IF
15 NECESSARY, CORRECTED THE COMMISSION'S RECORD OF THE
16 ELECTOR'S ADDRESS, IN AN ELECTION DURING THE PERIOD
17 BEGINNING ON THE DATE OF THE NOTICE AND ENDING ON THE
18 DAY AFTER THE DATE OF THE SECOND GENERAL ELECTION FOR
19 FEDERAL OFFICE THAT OCCURS AFTER THE DATE OF THE
20 NOTICE.
21 (2) A NOTICE, AS REQUIRED IN PARAGRAPH (1)(II), IS
22 ACCEPTABLE IF IT IS A POSTAGE PREPAID AND PREADDRESSED RETURN
23 CARD, SENT BY FORWARDABLE MAIL, ON WHICH THE ELECTOR MAY
24 STATE THE ELECTOR'S CURRENT ADDRESS, IF IT CONTAINS A NOTICE
25 AS FOLLOWS:
26 (I) THE NOTICE MUST STATE ALL OF THE FOLLOWING:
27 (A) IF THE ELECTOR DID NOT CHANGE RESIDENCE OR
28 CHANGED RESIDENCE BUT STILL RESIDES IN THE COUNTY,
29 THE ELECTOR MUST RETURN THE CARD NOT LATER THAN 30
30 DAYS PRIOR TO THE NEXT ELECTION. IF THE CARD IS NOT
19950H1212B2281 - 93 -
1 RETURNED, AFFIRMATION OR CONFIRMATION OF THE
2 ELECTOR'S ADDRESS MAY BE REQUIRED BEFORE THE ELECTOR
3 IS PERMITTED TO VOTE IN AN ELECTION DURING THE PERIOD
4 BEGINNING ON THE DATE OF THE NOTICE AND ENDING ON THE
5 DAY AFTER THE DATE OF THE SECOND GENERAL ELECTION FOR
6 FEDERAL OFFICE THAT OCCURS AFTER THE DATE OF THE
7 NOTICE. IF THE ELECTOR DOES NOT VOTE IN AN ELECTION
8 DURING THAT PERIOD, THE ELECTOR'S REGISTRATION SHALL
9 BE CANCELED.
10 (B) IF THE ELECTOR HAS CHANGED RESIDENCE TO A
11 PLACE OUTSIDE THE COUNTY IN WHICH THE ELECTOR IS
12 REGISTERED, INFORMATION SHALL BE PROVIDED CONCERNING
13 HOW THE ELECTOR CAN REGISTER IN THE NEW COUNTY OF
14 RESIDENCE.
15 (II) THE NOTICE MUST STATE THE DATE OF THE NOTICE,
16 THE DATE OF THE NEXT ELECTION AND THE DATE OF THE SECOND
17 GENERAL ELECTION FOR FEDERAL OFFICE OCCURRING AFTER THE
18 DATE OF THE NOTICE.
19 (3) THE COMMISSION SHALL CORRECT REGISTRATION RECORDS IN
20 ACCORDANCE WITH CHANGE OF RESIDENCE INFORMATION OBTAINED IN
21 CONFORMANCE WITH THIS SUBSECTION.
22 SECTION 1902. PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
23 NOTIFICATION CARD.
24 (A) SAME COUNTY.--
25 (1) AN ELECTOR WHO HAS MOVED FROM AN ADDRESS IN THE
26 COUNTY COVERED BY A POLLING PLACE TO AN ADDRESS COVERED BY
27 THE SAME POLLING PLACE SHALL, NOTWITHSTANDING FAILURE TO
28 NOTIFY THE COMMISSION PRIOR TO THE DATE OF AN ELECTION, BE
29 PERMITTED TO VOTE IN THAT POLLING PLACE UPON WRITTEN
30 AFFIRMATION BY THE ELECTOR OF THE CHANGE OF ADDRESS BEFORE AN
19950H1212B2281 - 94 -
1 ELECTION OFFICIAL AT THAT POLLING PLACE.
2 (2) AN ELECTOR WHO HAS MOVED FROM ONE ADDRESS IN THE
3 COUNTY TO ANOTHER ADDRESS IN THE SAME COUNTY COVERED BY A
4 DIFFERENT POLLING PLACE AND WHO HAS FAILED TO NOTIFY THE
5 COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF AN
6 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
7 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
8 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN
9 ELECTION OFFICIAL AT THE FORMER POLLING PLACE.
10 (B) DIFFERENT COUNTY.--AN ELECTOR WHO HAS MOVED FROM ONE
11 COUNTY TO ANOTHER COUNTY AND WHO HAS FAILED TO NOTIFY THE
12 COMMISSION OF THE CHANGE OF ADDRESS PRIOR TO THE DATE OF THE
13 ELECTION SHALL BE PERMITTED TO CORRECT THE VOTING RECORDS AND
14 VOTE AT THE ELECTOR'S FORMER POLLING PLACE UPON WRITTEN
15 AFFIRMATION BY THE ELECTOR OF THE NEW ADDRESS BEFORE AN ELECTION
16 OFFICIAL AT THE FORMER POLLING PLACE.
17 SECTION 1903. INCORRECT RECORDS.
18 IF REGISTRATION RECORDS INCORRECTLY INDICATE THAT AN ELECTOR
19 HAS MOVED FROM AN ADDRESS IN THE AREA COVERED BY A POLLING
20 PLACE, THE ELECTOR SHALL, UPON WRITTEN AFFIRMATION BEFORE AN
21 ELECTION OFFICIAL AT THAT POLLING PLACE, BE PERMITTED TO VOTE AT
22 THAT POLLING PLACE.
23 SECTION 1904. FILES.
24 (A) CANCELLATION.--IF THE REGISTRATION OF AN ELECTOR IS
25 CANCELED, THE REGISTRATION COMMISSION SHALL MARK ON THE
26 REGISTRATION CARDS OF THE ELECTOR THE WORD "CANCELED" AND THE
27 DATE AND CAUSE OF CANCELLATION. THE COMMISSION SHALL REMOVE THE
28 CARD FROM THE GENERAL REGISTER AND THE DISTRICT REGISTER.
29 REMOVED CARDS SHALL BE RETAINED FOR FIVE YEARS.
30 (B) NONESSENTIAL RECORDS.--RECORDS WHICH ARE NOT ESSENTIAL
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1 FOR MAINTAINING THE CURRENT STATUS OF A QUALIFIED ELECTOR MAY BE
2 DESTROYED BY THE COMMISSION THREE YEARS FROM THE DATE THE
3 COMMISSION MARKS THEM AS NONESSENTIAL.
4 SECTION 1905. ERRORS IN CANCELLATION.
5 (A) PETITION.--IF THE REGISTRATION OF AN ELECTOR HAS BEEN
6 CANCELED THROUGH ERROR, THE ELECTOR MAY PETITION THE
7 REGISTRATION COMMISSION FOR REINSTATEMENT.
8 (B) TIME.--THE PETITION MUST BE FILED BY THE TENTH DAY
9 PRECEDING AN ELECTION.
10 (C) ACTION.--
11 (1) THE COMMISSION SHALL HOLD A HEARING ON THE PETITION.
12 (2) IF THE COMMISSION FINDS THAT THERE WAS AN ERROR, THE
13 COMMISSION SHALL REINSTATE THE REGISTRATION.
14 CHAPTER 51
15 MISCELLANEOUS PROVISIONS
16 Section 5101. Standardized forms.
17 (a) General rule.--Whenever possible, the secretary shall
18 prescribe by regulation standardized VOTER registration or <--
19 ABSENTEE BALLOT application forms which may be used, with prior <--
20 approval by the secretary, by political bodies, candidates and
21 organized bodies of citizens in compliance with both the
22 provisions of this act and the act of June 3, 1937 (P.L.1333,
23 No.320), known as the Pennsylvania Election Code.
24 (b) Prior approval.--The secretary shall develop a system
25 whereby political bodies, candidates and organized bodies of
26 citizens may receive prior approval of standardized forms
27 developed pursuant to subsection (a).
28 Section 5102. Application for absentee ballots.
29 (a) General rule.--Notwithstanding the provisions of this
30 act or the act of June 3, 1937 (P.L.1333, No.320), known as the
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1 Pennsylvania Election Code, the following persons may make
2 application for an absentee ballot by sending a letter or other
3 signed document to the county board of elections in the county
4 in which the person's voting address is located:
5 (1) Any qualified elector who is unable to attend his
6 polling place on the day of any primary or election because
7 of illness or physical disability.
8 (2) Any qualified elector who expects to be absent from
9 this Commonwealth or the county of residence because duties,
10 occupation or business require him to be elsewhere the day of
11 any primary or election.
12 (3) A county employee who cannot vote due to duties
13 relating to the conduct of elections.
14 (4) A person who will not attend a polling place because
15 of an observance of a religious holiday.
16 (b) Contents of letter or document.--The letter or document
17 under subsection (a) shall provide the same information as is
18 provided on forms prescribed by the secretary.
19 (c) Review and processing.--The letter or document shall be
20 subject to the same schedule as other applications for absentee
21 ballots and upon receipt by the county board of elections shall
22 be reviewed and processed in the same fashion as other
23 applications for absentee ballots.
24 (d) Application prepared by political party.--An absentee
25 ballot application form containing the same information as that
26 contained on the form prescribed by the secretary, which was
27 prepared or distributed by a political party and signed by a
28 qualified elector, shall be deemed for all purposes as valid,
29 and shall be reviewed and processed by the county board of
30 elections in the same manner as applications on forms prescribed
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1 by the secretary and supplied by the county board of elections.
2 Section 5103. Delivering or mailing official absentee ballots. <--
3 (a) General rule.--Except as provided under subsection (b),
4 an absentee ballot shall only be delivered to an elector by mail
5 or obtained directly by an elector who appears at the office of
6 the county election board. An elector who obtains an absentee
7 ballot at the office of the county election board shall be
8 required to sign an acknowledgment of receipt of the ballot
9 which shall be retained by the county election board under
10 section 1302.3(a) of the act of June 3, 1937 (P.L.1333, No.320),
11 known as the Pennsylvania Election Code. If any person delivers
12 or attempts to deliver his absentee ballot by any other means,
13 the ballot shall be declared void. A person who delivers or
14 attempts to deliver another person's ballot by any other means
15 commits a misdemeanor and shall, upon conviction, be sentenced
16 to a fine of not more than $1,000 or to imprisonment for one
17 year, or both, at the discretion of the court.
18 (b) Exception.--An otherwise qualified elector who is
19 physically disabled or ill and who has executed an emergency
20 absentee ballot application in accordance with section 1302.1 of
21 the Pennsylvania Election Code may designate a person who shall
22 be permitted to deliver the absentee ballot to the elector. The
23 designation shall be in the form of a statement prescribed by
24 the secretary and shall be witnessed by one adult person.
25 SECTION 5104 5103. APPLICABILITY OF PROVISIONS. <--
26 (A) SUSPENSION.--TO THE EXTENT THAT THE SECRETARY OF THE
27 COMMONWEALTH DETERMINES THAT THE NATIONAL VOTER REGISTRATION ACT
28 (PUBLIC LAW 103-31, 42 U.S.C. § 1973GG ET SEQ.) PROHIBITS THE
29 CANCELLATION OF REGISTRATION FOR ELECTIONS FOR FEDERAL OFFICE
30 BECAUSE OF A FAILURE TO VOTE AS PROVIDED IN SECTION 910, THE
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1 PROVISIONS OF SECTIONS 906 THROUGH 912 ARE SUSPENDED. THE
2 SUSPENSION SHALL BECOME EFFECTIVE UPON PUBLICATION OF NOTICE OF
3 THE DETERMINATION IN THE PENNSYLVANIA BULLETIN.
4 (B) EFFECT ON CHAPTER 19.--SHOULD THE PROVISIONS OF SECTIONS
5 906 THROUGH 912 BE SUSPENDED AS PROVIDED IN SUBSECTION (A), THE
6 PROVISIONS OF CHAPTER 19 SHALL BE EFFECTIVE DURING THE PERIOD OF
7 SUSPENSION.
8 Section 5104 5105 5104. Appropriations. <--
9 (a) Department of State.--The sum of $500,000, or as much
10 thereof as may be necessary, is hereby appropriated to the
11 Department of State for the fiscal year July 1, 1994, to June
12 30, 1995, for expenses incurred to implement the requirements of
13 the National Voter Registration Act (Public Law 103-31, 42
14 U.S.C. Sec. 1973gg et seq.), including a study of the <--
15 technological needs and other aspects of the development and
16 implementation of a central registry.
17 (b) Department of Transportation.--The sum of $740,000, or
18 as much thereof as may be necessary, is hereby appropriated to
19 the Department of Transportation for the fiscal year July 1,
20 1994, to June 30, 1995, for expenses incurred to integrate voter
21 registration with driver licensing to implement the requirements
22 of the National Voter Registration Act of 1993.
23 (C) APPROPRIATION NOT TO LAPSE.--THE FUNDS APPROPRIATED TO <--
24 THE DEPARTMENT OF STATE IN SUBSECTION (A) ARE A CONTINUING
25 APPROPRIATION AND SHALL NOT LAPSE UNTIL JUNE 30, 1996. ANY FUNDS
26 NOT USED TO MEET EXPENSES OF IMPLEMENTING THE PROVISIONS OF THIS
27 ACT DURING FISCAL YEAR 1994-1995 MAY BE USED TO MEET THE COSTS
28 OF A STUDY OF THE TECHNOLOGICAL NEEDS AND OTHER ASPECTS OF THE
29 DEVELOPMENT AND IMPLEMENTATION OF A STATEWIDE CENTRAL REGISTRY
30 SYSTEM.
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1 Section 5105 5106 5105. Severability. <--
2 The provisions of this act are severable. If any provision of
3 this act or its application to any person or circumstance is
4 held invalid, the invalidity shall not affect other provisions
5 or applications of this act which can be given effect without
6 the invalid provision or application.
7 Section 5106 5107 5106. Repeals. <--
8 (a) Substantive provisions.--The following acts and parts of
9 acts are repealed:
10 Act of March 30, 1937 (P.L.115, No.40), known as The First
11 Class City Permanent Registration Act.
12 Act of April 29, 1937 (P.L.487, No.115), known as The
13 Permanent Registration Act for Cities of the Second Class,
14 Cities of the Second Class A, Cities of the Third Class,
15 Boroughs, Towns, and Townships.
16 (b) Appropriations.--The following acts and parts of acts
17 are repealed:
18 The appropriation for costs to implement National Voter
19 Registration Requirements in section 221 of the act of June 16,
20 1994 (P.L.1473, No.6A), known as the General Appropriation Act
21 of 1994.
22 The appropriation for costs to integrate voter registration
23 with driver licensing in section 222 of the General
24 Appropriation Act of 1994.
25 (c) General repeal.--All other acts and parts of acts are
26 repealed insofar as they are inconsistent with this act.
27 Section 5107 5108 5107. Applicability. <--
28 (a) Registration application.--Voter registration
29 applications prepared PRINTED prior to the effective date of <--
30 this act may be used to apply for registration under this act
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1 UNTIL JUNE 30, 1997. <--
2 (b) Notice.--In the event that the five-year period for
3 notice to electors provided for under section 907(b)(3) <--
4 1901(B)(3) has been declared invalid or rejected by a court of <--
5 competent jurisdiction or by the United States Department of
6 Justice, after all appeals have been exhausted and upon
7 certification to the Secretary of the Commonwealth and
8 publication in the Pennsylvania Bulletin, notice shall be given
9 in accordance with section 907(b)(3) 1901(B)(3) after a period <--
10 of ten years. In the event that a ten-year period has been
11 certified to the Secretary of the Commonwealth as invalid and
12 upon publication in the Pennsylvania Bulletin, notice shall be
13 given in accordance with section 907(b)(3) 1901(B)(3) after a <--
14 period of 20 years.
15 (C) ELECTION CODE.--NOTHING IN THE ACT OF JUNE 3, 1937 <--
16 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE,
17 SHALL BE DEEMED INCONSISTENT WITH THIS ACT.
18 Section 5108 5109 5108. Retroactivity. <--
19 Sections 5101 and 5102(b) 5104 AND 5106(B) 5104 AND 5106(B) <--
20 shall apply retroactively to July 1, 1994.
21 Section 5109. Effective date. <--
22 This act shall take effect immediately.
23 SECTION 5110 5109. EFFECTIVE DATE. <--
24 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
25 (1) THE PROVISIONS OF CHAPTER 19 SHALL TAKE EFFECT ONLY
26 AFTER THE PUBLICATION OF THE NOTICE UNDER SECTION 5104(A) <--
27 5103(A) AND SHALL ONLY BE EFFECTIVE DURING SUCH TIME THAT THE
28 NATIONAL VOTER REGISTRATION ACT (PUBLIC LAW 103-31, 42 U.S.C.
29 § 1973GG ET SEQ.) PROHIBITS CANCELLATION OF REGISTRATION OF
30 ELECTORS FOR FEDERAL OFFENSE BECAUSE OF FAILURE TO VOTE.
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1 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
2 IMMEDIATELY.
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