PRIOR PRINTER'S NOS. 2073, 2265 PRINTER'S NO. 3445
No. 1686 Session of 1999
INTRODUCED BY CLYMER, ARGALL, FARGO, FREEMAN, GODSHALL, HALUSKA,
HARHAI, HERMAN, HERSHEY, MELIO, NICKOL, RUBLEY, B. SMITH,
STEIL, STERN, TANGRETTI, E. Z. TAYLOR, WILT, SEYFERT AND
MASLAND, JUNE 16, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 1, 2000
AN ACT
1 Amending the act of June 30, 1995 (P.L.170, No.25), entitled "An
2 act providing for voter registration, for registration
3 commissions, for remedies and for absentee ballots; imposing
4 penalties; making appropriations; and making repeals,"
5 providing for change of addresses, for approval of
6 applications, for district registers, for fees, for
7 information lists, for reports, for physical disabilities,
8 for removal of voters, for affirmations and for incorrect
9 records.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 501, 523(c)(1) and (4), 528(d), <--
13 702(b)(2), 703(d), 704(a)(1), 706(a), 901(B), 902, 904(a), 905 <--
14 and 1901(b) and (c) of the act of June 30, 1995 (P.L.170,
15 No.25), known as the Pennsylvania Voter Registration Act, are
16 amended to read:
17 SECTION 501. QUALIFICATIONS TO REGISTER. <--
18 (A) ELIGIBILITY.--A QUALIFIED ELECTOR WHO WILL BE AT LEAST
19 18 YEARS OF AGE ON THE DAY OF THE NEXT ELECTION, WHO HAS BEEN A
20 CITIZEN OF THE UNITED STATES FOR AT LEAST ONE MONTH PRIOR TO THE
1 NEXT ELECTION AND WHO HAS RESIDED IN THIS COMMONWEALTH AND THE
2 ELECTION DISTRICT WHERE THE QUALIFIED ELECTOR OFFERS TO VOTE FOR
3 AT LEAST 30 DAYS PRIOR TO THE NEXT ENSUING ELECTION AND HAS NOT
4 BEEN CONFINED IN A PENAL INSTITUTION FOR A CONVICTION OF A
5 FELONY WITHIN THE LAST FIVE YEARS SHALL BE ENTITLED TO BE
6 REGISTERED AS PROVIDED IN THIS CHAPTER. IF AN INDIVIDUAL IS
7 QUALIFIED TO VOTE IN AN ELECTION DISTRICT PRIOR TO REMOVAL OF
8 RESIDENCE, THE INDIVIDUAL MAY, IF A RESIDENT OF THIS
9 COMMONWEALTH, VOTE IN THE ELECTION DISTRICT FROM WHICH RESIDENCE
10 WAS REMOVED WITHIN THE 30 DAYS PRECEDING THE ELECTION.
11 (B) EFFECT.--NO INDIVIDUAL SHALL BE PERMITTED TO VOTE AT ANY
12 ELECTION UNLESS THE INDIVIDUAL IS REGISTERED UNDER THIS
13 SUBSECTION, EXCEPT AS PROVIDED BY LAW OR BY ORDER OF A COURT OF
14 COMMON PLEAS. NO REGISTERED ELECTOR SHALL BE REQUIRED TO
15 REGISTER AGAIN FOR ANY ELECTION WHILE THE ELECTOR CONTINUES TO
16 RESIDE AT THE SAME ADDRESS.
17 (C) REMOVAL OF RESIDENCE.--AN ELECTOR WHO REMOVES THE
18 ELECTOR'S RESIDENCE TO ANOTHER OUTSIDE THE ELECTOR'S LAST
19 ELECTION DISTRICT SHALL NOT BE ENTITLED TO VOTE IN THE ELECTION
20 DISTRICT OF THE ELECTOR'S LAST RESIDENCE EXCEPT PURSUANT TO THE
21 PROVISIONS OF THIS SECTION AND SECTIONS 901(B) AND 1902.
22 Section 523. Application with driver's license application.
23 * * *
24 (c) Transmission.--
25 (1) The Department of Transportation shall forward
26 completed applications or contents of the completed voter
27 registration applications in machine-readable format to the
28 department by the close of registration for the ensuing
29 election.
30 * * *
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1 (4) Changes of address shall comply with the following:
2 (i) The Department of Transportation shall notify
3 the secretary of changes of address received under
4 subsection (a)(3). The secretary shall notify the
5 commission of the county of the registrant's prior
6 residence. Except as provided in subparagraph (ii), if
7 the registrant has moved outside of the county, the
8 commission shall forward the registrant's registration
9 card to the commission of the registrant's new county of
10 residence. Except as provided in subparagraph (ii), if
11 the registrant has moved to an address within the
12 commission's jurisdiction, the commission shall update
13 the registration record of the registrant. All changes of
14 address received by the Department of Transportation
15 under this section at least 30 days before a primary,
16 general or municipal election must be processed by the
17 commission for the ensuing election. IF THE REGISTRANT <--
18 HAS MOVED OUTSIDE OF THE COUNTY, THE COMMISSION SHALL
19 SEND A NOTICE IN ACCORDANCE WITH SECTION 1901(D)(2). IF
20 THE REGISTRANT HAS MOVED TO AN ADDRESS WITHIN THE
21 COMMISSION'S JURISDICTION, THE COMMISSION SHALL USE THE
22 NOTICE PROCEDURES UNDER SUBPARAGRAPH (II).
23 (ii) In the case of changes of address within the
24 same county received by the Department of Transportation
25 which do not contain a signature of the registrant, the
26 commission receiving the change of address notification
27 shall mail a [notice to the registrant at the new
28 residence address requesting verification of the address
29 change.] voter's identification card to the registrant at
30 the new residence address. If the voter's identification
19990H1686B3445 - 3 -
1 card is returned by the post office undeliverable as
2 addressed or with a forwarding address, the commission
3 shall send a confirmation notice in accordance with
4 section 1901. [The verification notice shall be in
5 substantially the following form:
6 Date................
7 Office of the Registration Commission
8 .......... County, Pennsylvania
9 ........ (Address and Telephone No. of County)
10 We have been notified by the Department of Transportation
11 that you recently moved from ................. (old
12 residence address) to ............... (new residence
13 address) and that this change of address is to serve as a
14 change of address for voter registration purposes. Unless
15 you notify this office within ten days from the date of
16 this notice that this information is not correct, your
17 voter registration will be transferred to ...........
18 County. You may notify this office by calling the
19 telephone number appearing on this form or by mailing
20 this notice to this office. You need not notify this
21 office if this information is correct.
22 ............................
23 Chief Clerk
24 If the address change is within the commission's
25 jurisdiction, the county shall notify the registrant what
26 precinct the new address is in using the following form:
27 Date...............
28 Office of the Registration Commission
29 ............ County, Pennsylvania
30 .......... (Address and Telephone No. of County)
19990H1686B3445 - 4 -
1 We have been notified by the Department of Transportation
2 that you recently moved from ................. (old
3 residence address) to (new residence address) and that
4 this change of address is to serve as a change of address
5 for voter registration purposes. Unless you notify this
6 office within ten days from the date of this notice that
7 this information is not correct, your voter registration
8 will be transferred to ................ (new precinct) in
9 this county. You may notify this office by calling the
10 telephone number appearing on this form or by mailing
11 this notice to this office. You need not notify this
12 office if this information is correct.
13 ............................
14 Chief Clerk
15 Such notices must be sent by first class nonforwardable
16 mail, return postage guaranteed, and must be in a form
17 approved by the secretary and designed in such a manner
18 to allow the registrant to indicate that the address
19 change is incorrect, the reason why such discrepancy
20 exists and for return to the county commission. Such
21 notice must be signed by the registrant and dated.
22 (iii) If the registrant does not return the notice
23 under subparagraph (ii) within the ten-day period, the
24 commission shall process the change of address according
25 to subparagraph (i). If the registrant notifies the
26 commission that the information is incorrect and the
27 commission is satisfied with the registrant's explanation
28 of the discrepancy, the address of the registrant's
29 registration shall remain unchanged. If the verification
30 notification is returned by the post office, the
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1 commission shall direct a confirmation notice to the
2 registrant's address of former residence in accordance
3 with section 1901(d)(2).]
4 * * *
5 Section 528. Approval of registration applications.
6 * * *
7 (d) Disposition.--
8 (1) When the registration of an elector has been
9 [finally] processed under subsection (b)(2), the commission
10 shall transmit to the applicant by first class nonforwardable
11 mail a wallet-sized voter's identification card, which shall
12 serve 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.
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1 (viii) A statement that the elector must notify the
2 commission within ten days if any information on the card
3 is incorrect; otherwise the information shall be deemed
4 correct for voter registration purposes.
5 (2) The carrier envelope in which the identification
6 card is enclosed shall contain on the outside a request to
7 the postmaster to return it within five days if it cannot be
8 delivered to the addressee at the address given.
9 (3) No registration application shall be deemed to be <--
10 accepted until ten days after the voter's identification card
11 (3) (I) NO REGISTRATION APPLICATION SHALL BE DEEMED TO <--
12 BE ACCEPTED UNTIL TEN DAYS AFTER THE VOTER'S
13 IDENTIFICATION CARD has been mailed. Upon return by the
14 post office of an identification card under paragraph (2)
15 which the post office is unable to deliver at the given
16 address, the commission shall investigate. If the
17 commission finds that the applicant is not qualified to
18 register from such address, the commission shall reject
19 the application of the applicant and shall notify the
20 applicant by first class forwardable mail of this action.
21 (II) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO <--
22 RESTRICT A QUALIFIED ELECTOR FROM CIRCULATING OR SIGNING
23 NOMINATION PETITIONS OR NOMINATION PAPERS IF THAT PERSON
24 DOES NOT CURRENTLY POSSESS ALL THE NECESSARY
25 QUALIFICATIONS IN SUBPARAGRAPH (I), PROVIDED THAT A
26 QUALIFIED ELECTOR MUST BE AN APPLICANT FOR REGISTRATION
27 ON THE DATE OF CIRCULATION OR SIGNATURE OF A NOMINATION
28 PETITION OR A NOMINATION PAPER AND MUST SUBSEQUENTLY BE
29 APPROVED AS A QUALIFIED REGISTERED ELECTOR BY THE
30 REGISTRATION COMMISSION.
19990H1686B3445 - 7 -
1 (4) If the applicant discloses that the elector's last
2 residence address upon registration was a location within
3 another county, the commission of the county of the elector's
4 new residence shall [direct a cancellation notice to the <--
5 commission of [that county] THE COUNTY OF THE ELECTOR'S LAST <--
6 RESIDENCE. This cancellation notice shall be in a form
7 approved by the secretary in substantially the following
8 form:
9 Date .........................
10 Office of the Registration Commission
11 ................ County, Pennsylvania
12 Cancellation of Previous Registration
13 Name .................................., whose date of
14 birth is ..........................., has now registered
15 as an elector in........................ County,
16 Pennsylvania. Our records indicate that this registrant
17 was previously registered in the County of
18 ............................., Pennsylvania, at the
19 following address ...............................
20 ............................
21 Chief Clerk] <--
22 transfer the elector's registration records to that county
23 and keep a record of the transfer.
24 (5) Upon receipt of the notice in paragraph (4), the
25 commission of the county of the elector's last residence
26 shall transfer the elector's registration record to the
27 commission of the county of the elector's new residence and
28 retain a record of the transfer.
29 Section 702. District registers.
30 * * *
19990H1686B3445 - 8 -
1 (b) Computer lists.--
2 * * *
3 (2) 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 of the <--
8 registrant made at the polling place, if that signature is
9 available, or copied from the signature on the registration
10 card. The district election officials shall have computer
11 printouts at the polling places containing the necessary
12 information needed to verify the identity of the elector. The
13 digitized signature list shall be open to public inspection,
14 subject to reasonable safeguards, rules and regulations.
15 SIGNATURE OF THE REGISTRANT COPIED FROM THE SIGNATURE ON THE <--
16 REGISTRATION CARD[. THE DISTRICT ELECTION OFFICIALS SHALL
17 HAVE COMPUTER PRINTOUTS AT THE POLLING PLACES CONTAINING THE
18 NECESSARY INFORMATION NEEDED TO VERIFY THE IDENTITY OF THE
19 ELECTOR. THE DIGITIZED SIGNATURE LIST SHALL BE OPEN TO PUBLIC
20 INSPECTION, SUBJECT TO REASONABLE SAFEGUARDS, RULES AND
21 REGULATIONS.] OR, IF THE SIGNATURE OF THE REGISTRANT IS
22 UNABLE TO BE DIGITIZED, THEN IT MAY BE COPIED FROM THE
23 SIGNATURE OF THE REGISTRANT MADE AT THE POLLING PLACE WHEN
24 COMPLETING THE SIGNATURE CARD, PROVIDED THAT THE CARD IS
25 OTHERWISE COMPLETE.
26 * * *
27 Section 703. Street lists.
28 * * *
29 (d) Organizations.--The commission [may] shall, for a
30 reasonable fee [approved by the secretary], distribute the list
19990H1686B3445 - 9 -
1 under subsection (a), to organized bodies of citizens upon
2 request.
3 Section 704. Public information lists.
4 (a) Establishment.--
5 (1) The registration commission [shall] may provide for
6 computer inquiries concerning individual registered voters.
7 With respect to each voter who is the subject of an inquiry,
8 the information provided shall contain the name, address,
9 date of birth and voting history. Upon request, the
10 commission shall supply a printed record for each such voter
11 subject to the provisions of this act. In addition, the
12 commission may make available for inspection a printed or
13 computerized public information list containing the name,
14 address, date of birth and voting history of each registered
15 voter in the county.
16 * * *
17 Section 706. Reports.
18 (a) Commission.--By March 1, the commission shall submit to
19 the secretary an annual report setting forth the number of
20 electors registered under sections 522, 523, 524 and 525. The
21 report shall specify the number of electors whose registration
22 has been canceled [under Chapter 9] in accordance with this act
23 and any other information required by the secretary.
24 * * *
25 SECTION 901. REMOVAL NOTICES. <--
26 * * *
27 (B) USE.--AN ELECTOR WHO REMOVES RESIDENCE FROM ONE PLACE TO
28 ANOTHER WITHIN THE SAME COUNTY MUST NOTIFY THE COMMISSION BY
29 FILING A REMOVAL NOTICE UNDER SUBSECTION (A), OR A SIGNED
30 REQUEST FOR RENEWAL THAT CONTAINS THE INFORMATION REQUIRED IN
19990H1686B3445 - 10 -
1 SUBSECTION (A), WITH THE COMMISSION NOT LATER THAN THE
2 REGISTRATION DEADLINE BEFORE THE ELECTION. IF MAILED, THE NOTICE
3 OR REQUEST MUST BE POSTMARKED NOT LATER THAN THE DEADLINE FOR
4 REGISTRATION OR, IN THE CASE OF AN ILLEGIBLE OR MISSING
5 POSTMARK, RECEIVED WITHIN FIVE DAYS OF THE CLOSE OF
6 REGISTRATION. THE FOLLOWING APPLY:
7 (1) AN OFFICIAL REGISTRATION APPLICATION OF AN ELECTOR
8 WHO HAS REGISTERED BY MAIL QUALIFIES AS A REMOVAL NOTICE.
9 (2) AN ELECTOR WHO REMOVES RESIDENCE FROM ONE PLACE TO
10 ANOTHER WITHIN THE SAME COUNTY AND WHO HAS NOT YET FILED A
11 REMOVAL NOTICE WITH THE COMMISSION SHALL BE PERMITTED TO VOTE
12 [AT THE ELECTION NEXT FOLLOWING REMOVAL] THEREAFTER IN THE
13 ELECTION DISTRICT OF THE ELECTOR'S NEW RESIDENCE IF, AT THE
14 TIME OF SIGNING THE VOTER'S CERTIFICATE, THE ELECTOR FILES
15 WITH THE JUDGE OF ELECTION A SIGNED REMOVAL NOTICE PROPERLY
16 FILLED OUT. REMOVAL NOTICES UNDER THIS PARAGRAPH SHALL BE
17 RETURNED TO THE COMMISSION WITH THE VOTING [CHECK LIST]
18 CHECKLIST, AND THE COMMISSION SHALL PROCEED TO TRANSFER THE
19 REGISTRATION OF THE ELECTORS UNDER SECTION 902.
20 (3) AN ELECTOR WHO REMOVES RESIDENCE FROM ONE COUNTY TO
21 ANOTHER WITHIN THIS COMMONWEALTH AND WHO HAS NEITHER BECOME
22 REGISTERED TO VOTE IN THE COUNTY TO WHICH THE ELECTOR HAS
23 MOVED NOR OTHERWISE CANCELED REGISTRATION WITH THE COMMISSION
24 IN THE COUNTY FROM WHICH THE ELECTOR HAS MOVED SHALL BE
25 PERMITTED TO VOTE IN THE ELECTION DISTRICT IN WHICH THE
26 ELECTOR IS REGISTERED IF, AT THE TIME OF SIGNING THE VOTER'S
27 CERTIFICATE, THE ELECTOR FILES WITH THE JUDGE OF ELECTION A
28 SIGNED AFFIRMATION DECLARING THE ELECTOR'S NEW RESIDENCE.
29 AFFIRMATIONS MADE UNDER THIS PARAGRAPH SHALL BE RETURNED TO
30 THE COMMISSION OF THE COUNTY IN WHICH THE ELECTOR IS
19990H1686B3445 - 11 -
1 REGISTERED WITH THE VOTING CHECKLIST, AND THE COMMISSION
2 SHALL PROCEED TO TRANSFER THE REGISTRATION OF THE ELECTOR
3 UNDER SECTION 902. AN ELECTOR MAY VOTE IN THE ELECTION
4 DISTRICT OF THE ELECTOR'S LAST RESIDENCE NO MORE THAN ONE
5 TIME FOLLOWING THE ELECTOR'S REMOVAL.
6 SECTION 902. TRANSFER OF REGISTRATION.
7 (A) GENERAL RULE.--UPON TIMELY RECEIPT OF NOTIFICATION OF
8 REMOVAL UNDER SECTION 901(B), THE REGISTRATION COMMISSION SHALL
9 PROCEED AS FOLLOWS:
10 (1) THE SIGNATURE ON THE NOTIFICATION DOCUMENT SHALL BE
11 COMPARED WITH THE SIGNATURE OF THE ELECTOR AS IT APPEARS ON
12 FILE WITH THE COMMISSION.
13 (2) IF THE SIGNATURE APPEARS AUTHENTIC, THE COMMISSION
14 SHALL ENTER THE CHANGE OF RESIDENCE ON THE REGISTRATION CARD
15 OF THE ELECTOR IN THE GENERAL REGISTER AND DISTRICT REGISTER
16 AND SHALL TRANSFER THE REGISTRATION CARD OF THE ELECTOR FROM
17 THE DISTRICT REGISTER OF THE ELECTION DISTRICT OF PREVIOUS
18 RESIDENCE TO THE DISTRICT REGISTER OF THE ELECTION DISTRICT
19 OF NEW RESIDENCE.
20 (3) IF A REQUEST FOR TRANSFER WHICH IS DETERMINED TO BE
21 AUTHENTIC UNDER PARAGRAPH (2) SHOWS A REMOVAL WITHIN THE
22 PERIOD OF 30 DAYS PRECEDING AN ELECTION, THE COMMISSION,
23 AFTER SUCH ELECTION, SHALL ENTER THE CHANGE OF RESIDENCE ON
24 THE REGISTRATION CARD OF THE ELECTOR IN THE GENERAL REGISTER
25 AND DISTRICT REGISTER AND SHALL TRANSFER THE REGISTRATION
26 CARD OF THE ELECTOR FROM THE DISTRICT REGISTER OF THE
27 ELECTION DISTRICT OF PREVIOUS RESIDENCE. THE COMMISSION SHALL
28 ADVISE THE ELECTOR PROMPTLY IN WRITING OF ITS ACTION.
29 (4) WHEN AN ELECTOR HAS FILED WITH THE COMMISSION A
30 NOTICE THAT THE ELECTOR HAS MOVED FROM THAT COUNTY TO
19990H1686B3445 - 12 -
1 ANOTHER, IF THE SIGNATURE APPEARS AUTHENTIC, THE COMMISSION
2 SHALL ENTER THE CHANGE OF RESIDENCE ON THE REGISTRATION CARD
3 OF THE ELECTOR IN THE GENERAL REGISTER AND DISTRICT REGISTER
4 AND SHALL TRANSFER THE REGISTRATION CARD OF THE ELECTOR FROM
5 THE DISTRICT REGISTER OF THE ELECTION DISTRICT OF LAST
6 RESIDENCE TO THE COMMISSION OF THE COUNTY OF THE ELECTOR'S
7 NEW RESIDENCE.
8 (5) IF A REQUEST FOR TRANSFER WHICH IS DETERMINED TO BE
9 AUTHENTIC UNDER PARAGRAPH (4) SHOWS A REMOVAL WITHIN THE
10 PERIOD OF 30 DAYS PRECEDING AN ELECTION, THE COMMISSION OF
11 THE FORMER COUNTY OF THE ELECTOR, AFTER SUCH ELECTION, SHALL
12 ENTER THE CHANGE OF RESIDENCE ON THE REGISTRATION CARD OF THE
13 ELECTOR IN THE GENERAL REGISTER AND DISTRICT REGISTER AND
14 SHALL TRANSFER THE REGISTRATION CARD OF THE ELECTOR FROM THE
15 DISTRICT REGISTER OF THE ELECTION DISTRICT OF PREVIOUS
16 RESIDENCE TO THE ELECTION COMMISSION OF THE ELECTOR'S NEW
17 COUNTY OF RESIDENCE. THE COMMISSION OF THE ELECTOR'S FORMER
18 COUNTY SHALL ADVISE THE ELECTOR PROMPTLY IN WRITING OF ITS
19 ACTION.
20 (B) ELECTORS UNABLE TO WRITE.--AN ELECTOR WHO IS UNABLE TO
21 SIGN THE NOTIFICATION DOCUMENT MAY AFFIX A MARK TO THE
22 NOTIFICATION DOCUMENT. THE MARK MUST BE AFFIXED IN THE PRESENCE
23 OF A WITNESS WHO MUST SIGN THE NOTIFICATION DOCUMENT.
24 Section 904. Physical disability.
25 (a) Eligibility.--If an elector by reason of blindness,
26 disability or inability to read or write, is unable to read the
27 names on the ballot or on the voting machine labels, or is
28 unable to see or mark the ballot or operate the voting machine
29 or to enter the voting compartment or voting machine booth
30 without assistance, the following apply:
19990H1686B3445 - 13 -
1 (1) The elector may, at least ten days prior to the next
2 election, personally make application to the commission or a
3 registrar or a clerk.
4 (2) The application must request the entry of the exact
5 nature of the disability on the elector's registration card.
6 (3) The commission shall make the entry as appropriate.
7 (4) If the disability is not entered on the registration
8 card, the elector may receive assistance if the elector
9 completes a declaration in the polling place.
10 (5) Following the election, the commission shall examine
11 declarations completed under this section, and shall update
12 the elector's voter registration record to reflect the need
13 for assistance and the nature of the disability.
14 * * *
15 Section 905. [Department of Health.] Death of registrant.
16 (a) Department of Health.--The registration commission shall
17 cancel the registration of a registered elector reported dead by
18 the Department of Health. The Department of Health shall, within
19 60 days of receiving notice of the death of an individual 18
20 years of age or older, send the name and address of residence of
21 that individual to the commission on a form prescribed by the
22 department.
23 (b) Other sources.--The registration commission may utilize
24 newspaper obituaries, contact with the deceased individual's
25 relatives, personal knowledge of an employee in the commission
26 or documentation such as the issuance of letters testamentary
27 from the office of the register of wills to cancel the
28 registration of a registered elector prior to notification by
29 the Department of Health, provided, that such removals are
30 uniform, nondiscriminatory and in compliance with the Voting
19990H1686B3445 - 14 -
1 Rights Act of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et
2 seq.).
3 (c) Corrections.--An individual incorrectly reported
4 deceased by the Department of Health or incorrectly removed by
5 the commission for reason of death may appear in person before a
6 commissioner, registrar or clerk at the office of the commission
7 and prove identity. The commission, upon such proof, shall
8 correct its records.
9 Section 1901. Removal of voters.
10 * * *
11 (b) Voter removal program.--
12 (1) The commission shall establish a program to identify
13 electors whose address may have changed by establishing one
14 of the following programs:
15 (i) National change of address. The [secretary shall
16 establish by regulation a program whereby] commission may
17 use information supplied by the United States Postal
18 Service through its licensees [is used] on a periodic
19 basis, but not less than once every calendar year, to
20 identify electors who may have changed [addresses] their
21 address ADDRESSES. [The information shall be incorporated <--
22 in the administration of the Statewide central registry
23 and shall be forwarded to the commissions in a manner
24 determined by the secretary by regulation.]
25 (A) If it appears from the information provided
26 through the United States Postal Service that an
27 elector has moved to a different residence address
28 within the same county as the elector is currently
29 registered, the commission shall change the
30 registration records to show the new address and
19990H1686B3445 - 15 -
1 shall send the elector, to the address [recorded on
2 the elector's registration] of prior residence, a
3 notice of the change of address by forwardable mail
4 and a postage prepaid, preaddressed return form by
5 which the elector may verify or correct the address
6 information. If a notice under this clause is
7 returned with a corrected address, the commission
8 shall change the address. If a notice under this
9 clause is not returned by the elector confirming the
10 change of address or the notice is returned by the
11 United States Postal Service as undeliverable, the
12 commission shall direct a confirmation notice to the
13 registrant's new address or best available address in
14 accordance with subsection (d)(2).
15 (B) If it appears from the information provided
16 through the United States Postal Service that an
17 elector has moved to a different residence address
18 outside the county, the commission shall use the
19 notice procedure described in [clause (A)] subsection
20 (d)(2).
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] service
25 requested" mailing to all registered electors in the
26 county.
27 (B) If this program is established, the
28 commission shall use the notice procedure described
29 in subparagraph (i)(A) for any elector whose mailing
30 is returned undeliverable[.] and it appears that such
19990H1686B3445 - 16 -
1 elector has moved to an address within the same
2 county. If a mailing is returned as undeliverable and
3 it appears that an elector has moved to a different
4 residence address outside the county or if no further
5 address information is available, the commission
6 shall use the notice procedures described in
7 subsection (d)(2).
8 (2) In conjunction with and not as an alternative to a
9 program established under paragraph (1), a canvass may be
10 used as follows:
11 (i) The registration commission may, by
12 commissioners or by inspectors of registration, verify
13 the registration in an election district by visiting the
14 building from which an elector is registered and other
15 buildings as the commission deems necessary.
16 (ii) The commission shall make a record of the name
17 and address of each registered elector who is found not
18 to reside at the registered address or who for any other
19 reason appears to be not qualified to vote in the
20 registered election district.
21 (iii) The commission shall leave at the address of
22 each person referred to in subparagraph (ii) a notice
23 requiring him to communicate with the commission on or
24 before a date which the commission shall designate, and
25 which shall be not less than seven days and not more than
26 15 days from the date of the notice and in any case not
27 later than the 15th day preceding the election next
28 ensuing, and satisfy the commission of his qualifications
29 as an elector. The commission shall cause a confirmation
30 of each such notice to be sent by mail promptly to such
19990H1686B3445 - 17 -
1 person at the address from which he is registered. The
2 envelope containing such information is to be plainly
3 marked that it is not to be forwarded. At the expiration
4 of the time specified in the notice, the commission shall
5 cancel the registration of such person who has not
6 communicated with the commission and proved his
7 qualifications as an elector.
8 (iv) To facilitate the canvass under this section,
9 the commission may, when necessary, appoint special
10 inspectors of registration, in number not exceeding
11 double the number of election districts being canvassed.
12 (v) Special inspectors must be qualified electors of
13 the county. They shall be appointed without reference to
14 residence in election districts or to political
15 affiliations or beliefs. The commission shall instruct
16 special inspectors in their duties. Special inspectors
17 have the powers conferred by this act upon inspectors of
18 registration.
19 (3) In conjunction with and not as an alternative to a
20 program established under paragraph (1), the commission
21 [shall] may send a notice pursuant to subsection (d) to any
22 elector who has not voted nor appeared to vote during the
23 period beginning five years before the date of the notice and
24 ending on the date of the notice and for whom the board of
25 elections did not during that period in any other way receive
26 any information that the voter still resides in the
27 registered election district.
28 (4) Commissions shall complete, not later than 90 days
29 before each primary or general election, at least once per
30 year one of the voter removal programs under this section.
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1 This paragraph shall not be construed to preclude any of the
2 following:
3 (i) Cancellation of an elector's registration as
4 provided for under subsection (a)(1) or (2).
5 (ii) Correction of registration records in
6 accordance with this act.
7 (c) Identification of inactive voters.--A commission shall
8 mark an "I" on the registration card of each elector who has
9 been mailed a form under subsection [(b)(1) or (3)] (d)(2) and
10 has failed to respond, which shall be included with all other
11 registration cards for that polling site and located at the
12 individual's polling site on the day of the election.
13 * * *
14 Section 2. Section 1902 of the act is amended by adding a
15 subsection to read:
16 Section 1902. Procedure for voting following failure to return
17 notification card.
18 * * *
19 (c) Examination of affirmations.--Following the election,
20 the commission shall examine affirmations completed under this
21 section. If the elector has affirmed a change of address within
22 the county, the commission shall update the elector's voter
23 registration records. If the elector has affirmed a change of
24 address outside of the county, the commission shall cancel the
25 elector's registration and notify the elector in accordance with
26 this act.
27 Section 3. Section 1903 of the act is amended to read:
28 Section 1903. Incorrect records.
29 [If] At any election, if an elector claims that registration
30 records incorrectly indicate that [an] the elector has moved
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1 from an address in the area covered by a polling place, the
2 elector shall, upon written affirmation before an election
3 official at that polling place, be permitted to vote at that
4 polling place. Following the election, the commission shall
5 examine affirmations completed under this section and correct
6 the electors' voter registration records accordingly.
7 Section 4. This act shall take effect in 60 days.
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