PRIOR PRINTER'S NOS. 2515, 2771 PRINTER'S NO. 3085
No. 1956 Session of 1975
INTRODUCED BY MESSRS. GREEN, PRATT, COLE, DiCARLO, MILLIRON,
STAPLETON, GARZIA, BERLIN, IRVIS, GREENFIELD, RHODES,
FINEMAN, MYERS, RITTER, DeMEDIO, PYLES, TRELLO, HOPKINS,
COHEN, GILLESPIE, LEDERER, McINTYRE, WOJDAK, COWELL,
O'DONNELL, FLAHERTY, ZEARFOSS, BENNETT, USTYNOSKI AND
MRS. KERNICK, NOVERMBER 25, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 6, 1976
AN ACT
1 Amending the act of March 30, 1937 (P.L.115, No.40), entitled
2 "An act to provide for the permanent personal registration of
3 electors in cities of the first class as a condition of their
4 right to vote at elections and primaries, and their
5 enrollment as members of political parties as a further
6 condition of their right to vote at primaries; prescribing
7 certain procedure for the conduct of elections and primaries
8 and the challenge and proof of qualifications of electors;
9 and prescribing the powers and duties of citizens, parties,
10 bodies of electors, registration commissions, commissioners,
11 registrars, inspectors of registration and other appointees
12 of registration commission, election officers, municipal
13 officers, departments and bureaus, police officers, courts,
14 judges, prothonotaries, sheriffs, county commissioners, peace
15 officers, county treasurers, county controllers, registrars
16 of vital statistics, real estate brokers, rental agents,
17 certain public service companies, persons, firms, and
18 corporations operating vehicles for moving furniture and
19 household goods, and boards of school directors; and imposing
20 penalties," further providing for registration, for the
21 number and compensation of election commissioners, for the
22 appointment, compensation and duties of employes and counsel
23 of the commission, for voter registrars, for periods of
24 registration, for penalties and for acts performed on Sundays
25 and holidays; and changing witness fees and the age for
26 registration.
27 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 3, act of March 30, 1937 (P.L.115,
3 No.40), known as "The First Class City Permanent Registration
4 Act," subsection (e) amended July 26, 1961 (P.L.917, No.397), is
5 amended to read:
6 Section 3. Registration Commission; Membership, Bipartisan;
7 Term of Office; Vacancies; Removal; Compensation; Chairman;
8 Secretary; Action by Vote of Majority of Members; Record of
9 Proceedings; Annual Report.--
10 (a) There shall be a registration commission in and for each
11 city of the first class, which commission shall have
12 jurisdiction over the registration of electors of such city
13 under the provisions of this act.
14 (b) [The registration commission shall consist of five
15 commissioners, who shall be qualified electors of the city, not
16 more than three of whom shall be enrolled members of the same
17 political party, who shall be appointed by the Governor, with
18 the advice and consent of the Senate, and shall hold office for
19 terms of four years, or until their successors qualify, unless
20 sooner removed or otherwise disqualified: Provided, however,
21 That the terms of office of the commissioners, first appointed
22 by the Governor under this act, shall commence upon the date of
23 their appointment, and shall expire on the first Monday of
24 January, one thousand nine hundred and forty-one. Upon the
25 appointment by the Governor of the registration commission for
26 any such city, the terms of office of the existing registration
27 commission or commissioners of any such city shall terminate.]
28 The registration commission shall consist of the three elected
29 city commissioners of a city of the first class, who shall be
30 elected for a term of four years, in the year that the mayor is
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1 elected and a vacancy in the office shall be filled in the
2 manner provided by city ordinance, in the same manner that a
3 vacancy in the office of city commissioner is filled.
4 [(c) The Governor shall fill any vacancy in any such
5 commission within ten days after the vacancy shall occur by
6 appointing a qualified elector of the city to hold office during
7 the remainder of the term of the commissioner whose place shall
8 have become vacant.
9 (d) The Governor may, at any time, remove any commissioner
10 for cause, and may appoint a duly qualified elector of the city
11 as his successor for the remainder of his term.]
12 (e) [Each commissioner shall receive compensation at the
13 rate of twelve thousand dollars per annum, except the chairman
14 who shall receive twelve thousand five hundred dollars per
15 annum.] The registration commissioner shall receive the salary
16 set for the city commissioner by city ordinance, and shall
17 receive no additional salary for service as the registration
18 commissioner.
19 [(f) As soon after their appointment as may be, the members
20 of each commission shall take the oath of office required by the
21 Constitution of this Commonwealth, and shall organize by
22 selecting from their number a chairman and a secretary, who
23 shall not be members of the same political party.]
24 (g) All actions of a commission shall be decided by a
25 majority vote of all members, except as may be otherwise
26 provided herein.
27 (h) Each commission shall keep a record, in permanent form,
28 of all its proceedings, and shall make an annual written report
29 to the [Governor] city.
30 Section 2. Subsection (b) of section 4 and sections 5 and 6
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1 of the act, amended July 31, 1941 (P.L.710, No.279), are amended
2 to read:
3 Section 4. Powers of Commissions; Regulations; Enforcement;
4 Correction of Errors or Irregularities; Cancellation of
5 Registration; Powers of Commissioners.--
6 * * *
7 (b) The commission shall have power to correct, direct or
8 permit the correction of any error or any irregularity in
9 registration, to change or permit the change on the registration
10 affidavits and its records of the name of any registered elector
11 changed by order of a court of competent jurisdiction or by
12 reason of her marriage or divorce, and to cancel the
13 registration of any person whom it may find to be improperly
14 registered, and to cancel the party enrollment of any registered
15 elector whom it may find to be improperly enrolled as a member
16 of a party, subject only to the provisions of this act, and
17 provided that notice in writing shall be given to, or left at
18 the address of, each person whose registration or enrollment is
19 cancelled. Notice in writing of the cancellation of the
20 registration or party enrollment of any elector, as well as
21 notice of the serving of any paper upon or left at the address
22 of any elector with respect to his right to be registered or
23 enrolled as a member of the party designated by him and an
24 official application registration card, shall be sent promptly
25 to the city chairman of the party of which such person was or
26 may be registered as a member, if such party has headquarters
27 within the city known to the commission.
28 * * *
29 Section 5. Employes, Registrars, Inspectors of Registration;
30 Duties; Appointment.--
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1 (a) The commission shall have power to appoint such
2 assistants, clerks and employes (including inspectors) as, from
3 time to time, it may deem necessary to carry out the provisions
4 of this act. The commission shall also have power to assign such
5 of its assistants, employes or clerks to act as registrars, who
6 shall not receive any additional compensation therefor, at its
7 office or offices as it may, from time to time, deem necessary,
8 and when so acting, such assistants, employes or clerks shall
9 have and may exercise the powers, and shall perform the duties
10 and obligations conferred by, or in accordance with, the law
11 upon registrars.
12 (b) The commission in each year shall designate the place or
13 places in each or any ward to be used as registration places,
14 and shall appoint two or more registrars for each such
15 registration place as it may deem necessary. Not more than one-
16 half of the number of registrars appointed for each registration
17 place in each year shall be members of the same political party.
18 All registrars appointed shall be qualified electors of the
19 election district or ward for which they have been appointed,
20 shall be of good moral character, shall not have been convicted
21 of any crime, shall be able to read English in an intelligent
22 manner, and to write legibly, and shall be familiar with
23 qualifications of electors and duties of the registrars. Such
24 registrars shall be empowered to register the qualified electors
25 of such elections districts or wards, and in so doing, to
26 administer oaths and affirmations, and shall perform all other
27 duties imposed on registrars by this act and by the registration
28 commission. Nothing in this section shall prevent any registrar
29 from serving as a registrar in any ward or any division of the
30 city, nor shall it prevent the commission from assigning any
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1 registrar to register voters in any ward or division of the
2 city.
3 Each registrar shall receive [as] such compensation [ten
4 dollars ($10.00)] as is set by the commission for each day
5 during which he is engaged in the active performance of his
6 duties as registrar. The commission shall designate the duties
7 to be performed by each such registrar appointed by it. The said
8 registrars shall be appointed in the manner as hereinafter
9 provided in subsection (c) of this section.
10 (c) In each year, at such time as shall be determined by the
11 commission, of which at least fifteen days' notice shall be
12 publicly given, the city chairman of the party having polled the
13 highest vote in the city at the last preceding November election
14 and the city chairman of the party having polled the second
15 highest vote in the city at such election may file with the
16 commission a written list of names of members of said party whom
17 such chairman recommends for appointment as registrars at the
18 said registration places. Such lists shall contain the name,
19 address, qualifications and occupation of each person so
20 recommended and shall be open to public inspection in the office
21 of the commission. The commission shall appoint persons whose
22 names appear on such list as the registrars representing such
23 parties. If more candidates are recommended by the chairman of
24 any such party then it is entitled to have appointed, the
25 commission shall appoint those candidates from the names
26 appearing on such list whom the commission finds to be qualified
27 in accordance with the provisions of clause (b) of this section,
28 and if there are not sufficient candidates qualified to serve
29 recommended by any city chairman, the commission may appoint
30 such other persons whom the commission believes qualified.
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1 (d) Should any vacancy occur in the office of registrar of
2 any registration place in any year, by reason of death,
3 resignation, removal from the district or ward, or other cause,
4 the commission shall fill said vacancy by appointing an elector
5 of the district or ward, as the case may be, who is qualified
6 according to subsection (b) of this section, and who is a
7 registered and enrolled member of the same political party as
8 the registrar or registrars whose office was vacated. The
9 appointment shall be made in like manner as the annual
10 appointments of registrars, as provided by this act.
11 (e) No registrar or inspector of registration shall exercise
12 any power of his office, nor shall any employe assigned by the
13 commission to act as registrar at any office of the commission
14 so act, until he shall have taken an oath of office, which the
15 commission shall prescribe, and shall have received from the
16 commission a certificate of appointment, setting forth his name
17 and address, the date of his appointment, and the length of time
18 for which he shall have been appointed.
19 (f) Each commission may appoint [a chief clerk, at a
20 compensation not exceeding four thousand dollars ($4,000) per
21 annum, who shall have authority to administer oaths, sign
22 vouchers, and register persons who are qualified and who appear
23 at the office of the commission, as herein provided; two (2)
24 assistant clerks, each at a salary of not over two thousand
25 dollars ($2,000) per annum; a chief record clerk at a salary of
26 not over twenty-four hundred dollars ($2,400) per annum; a
27 stenographer (who may act as clerk) at a salary of not over
28 eighteen hundred dollars ($1,800) per annum; a chief inspector
29 at a salary of not over twenty-two hundred dollars ($2,200) per
30 annum; two custodians of the records, to guard the same while
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1 they are open to public inspection, each of whom shall receive
2 not more than fifteen hundred dollars ($1,500) per annum; a
3 messenger who shall receive not more than twelve hundred dollars
4 ($1,200) per annum; such stenographers, as they may deem
5 necessary, competent to take notes of testimony, at a
6 compensation not to exceed ten dollars ($10.00) per diem for the
7 time actually employed at hearings before the commission; and as
8 many clerks, stenographers, and inspectors as they may deem
9 necessary, from time to time, at a compensation not exceeding
10 six dollars ($6.00) per diem for the time actually employed.]
11 such employes as they deem necessary to perform the functions of
12 the office, and to register the voters of the city, and each
13 employe shall be paid compensation as set by the commission.
14 (g) The registration commission shall have the power to
15 remove any employe, inspector, registrar or other officer
16 appointed or employed by it, but no registrar appointed by the
17 commission under the provisions of clause (c) of this section
18 shall be removed, except for cause.
19 (h) Any inspector of registration, on his own motion or on
20 complaint of any person to him, may and when directed by the
21 commission, shall--
22 1. Investigate all questions relating to the registration of
23 electors in such city, and, for that purpose, shall have power
24 to enter and inspect any house, dwelling, building, inn,
25 lodging-house or hotel within such city, and to interrogate any
26 inmate, householder, lodger, lessee, keeper, caretaker, owner,
27 proprietor, or agent thereof or therein, regarding any person or
28 persons residing or claiming to reside thereat or therein
29 without being required to show any warrant for so doing except
30 his certificate of appointment.
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1 2. Inspect and copy any register of lodgers in any lodging-
2 house, inn or hotel relating to or affecting the rights of any
3 persons to vote or to be registered in any such city.
4 3. Arrest any person without warrant, except any herein
5 privileged from such arrest, who, in the presence of the
6 inspector of registration, violates, or attempts to violate, any
7 of the provisions of this act, when such violation is punishable
8 as a crime.
9 4. Call on any police or peace officer of such city to
10 assist the inspector of registration in the maintenance of peace
11 at any place of registration, or in making any arrest, or in the
12 performance of any of his duties.
13 5. Distribute official registration application cards to
14 potential electors.
15 Section 6. Removal of Registrars; Voter Registration in Each
16 Ward.--(a) Any qualified elector of the city may appear before
17 the commission and show wherein any person appointed as a
18 registrar under the provisions of clauses (b) and (c) of section
19 five of this act does not possess the qualifications requisite
20 for the performance of the duties of his office, or has violated
21 the provisions of this act. If, after public hearing, the
22 commission shall find the charges brought by such elector to be
23 true, the commission shall decline to appoint such person, or
24 remove such registrar.
25 (b) The [commissioners] commission shall provide [a board of
26 registrars for each ward or district place of registration so
27 appointed not more than one-half of whom shall be of the same
28 party. If it appears at any time that by reason of a change in
29 political affiliation or because of error in appointment a board
30 is not so divided, any ten registered electors of such ward or
19750H1956B3085 - 9 -
1 district may file a petition with the commissioners, setting
2 forth the facts, and praying that one or more of the
3 appointments may be revoked, and that other appointments may be
4 made. Upon presentation of such a petition, one of the
5 commissioners shall fix a time, not less than five days
6 thereafter, and at least three days' notice shall be given by
7 mail to all the registrars of such board, who are alleged to be
8 of the same party, when a public hearing shall be given all
9 concerned, and if the facts are then found to be as represented,
10 the commissioners shall grant the relief prayed for] for voter
11 registration in each ward of the city during the periods and
12 times provided for in section 17.
13 Section 3. Section 7 of the act is amended to read:
14 Section 7. Counsel; Compensation; Duties.--The commission
15 may employ [special] counsel at a compensation not exceeding
16 [three thousand dollars] fifteen thousand dollars per annum.
17 Such counsel shall advise the commission from time to time
18 regarding its powers and duties and the rights of electors, and
19 concerning the best methods of legal procedure for carrying out
20 the various provisions of this act, and shall appear for and
21 represent the commission on all appeals taken from its decisions
22 or orders to a court of common pleas, as herein provided.
23 Section 4. Sections 8 and 13 of the act, amended July 31,
24 1941 (P.L.710, No.279), are amended to read:
25 Section 8. Appropriations; Unexpended Balances of
26 Appropriations.--(a) The appropriating authorities of the city
27 shall appropriate annually, and from time to time, the funds
28 that shall be necessary for the maintenance and operation of the
29 commission and the carrying out of the provisions of this act,
30 therein including the payment of the compensation of the
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1 commissioners, counsel, and a sufficient number of registrars,
2 inspectors of registration and other assistants and employes,
3 and the fees of witnesses, as herein provided, and likewise for
4 preparing, in accordance with the direction of the commission,
5 securing and distributing, or receiving and preserving, all
6 street lists, registration cards, official non personal voter
7 registration application cards, affidavits, vouchers, notices,
8 account books, stationery and other supplies which the
9 commission shall consider necessary for the purpose of this act,
10 and for all other necessary expenses.
11 (b) The appropriating authorities of the city shall provide
12 the commission thereof with suitable and adequate main offices,
13 properly furnished, for keeping its records, holding its public
14 sessions, and otherwise performing its duties, and such other
15 offices which it may from time to time during the period of
16 ninety days preceding any election deem it advisable to
17 establish for the convenience of the electors in exercising
18 their rights, powers and functions and performing their duties
19 hereunder, and upon failure to do so, the commission may lease
20 such office space for its main office as is reasonably required
21 for the performance of the functions and duties under this act.
22 (c) Any unexpended balances of any appropriations heretofore
23 made by the appropriating authorities of the city for the
24 purpose of carrying out any provision of any existing
25 registration act, or the amendments thereto, shall be
26 transferred to and made available for the commission hereby
27 created or constituted, for the expense of carrying out the
28 provisions of this act, and all moneys required in addition to
29 any original appropriation in the current year, or any other
30 year, if it shall appear that extra sums are needed.
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1 (d) The commission may accept and use in the performance of
2 their duties funds received from the Federal Government, the
3 Commonwealth, or any other source.
4 Section 13. Records and Documents to Be Open to Public
5 Inspection.--The records of the commission, and all district
6 registers, street lists, voting check lists, voters'
7 certificates, affidavits, official non personal voter
8 registration application cards, petitions, appeals, witness
9 lists, accounts, contracts, reports, and other documents in its
10 custody, except the general registers, shall be open to public
11 inspection, except as herein provided, and may be inspected and
12 copied by any qualified elector of the city during ordinary
13 business hours, except when they are necessarily being used by
14 the commission or its employes having duties to perform in
15 reference thereto, or when such inspection or copying shall
16 unreasonably interfere with the proper and efficient performance
17 of the duties and exercise of the functions of the commission or
18 its employes in administering this act. Such public inspection
19 thereof shall only be in the presence of a commissioner or an
20 authorized employe of the commission, and shall be subject to
21 proper regulation for safekeeping of the records and documents
22 and subject to the further provisions of this act. The records
23 and documents of the commission open to inspection by the public
24 shall not be used for commercial or improper purposes.
25 Section 5. Section 17 of the act, amended July 31, 1941
26 (P.L.710, No.279) and March 26, 1973 (P.L.9, No.3), is amended
27 to read:
28 Section 17. Days and Hours of Registration; Places of
29 Registration; Use of Polling Places; Payments of Rentals; Use of
30 School Buildings; Public Notice.--
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1 (a) The commission, or any commissioner, employe or clerk
2 assigned for that purpose shall at the main office of the
3 commission, during ordinary business hours, and during such
4 additional hours as the commission shall from time to time
5 prescribe, on each day, and on such days and during such hours
6 as the commission may from time to time designate at other
7 offices in the city which the commission shall from time to time
8 have power to establish and discontinue, [except Sundays,
9 holidays,] the days hereinafter provided for the registration of
10 electors in the districts or wards, the day of each election and
11 each primary, the thirty days next preceding each general,
12 municipal and primary election, and the thirty days next
13 following each election and the five days next following each
14 primary, receive personal applications from persons who claim
15 that they are entitled to be registered as electors of the city
16 and who appear for registration: Provided, however, That in case
17 of a special election within a certain district (congressional,
18 senatorial or representative), held on a day other than the day
19 of a primary, general or municipal election, the registration of
20 electors shall be discontinued in the wards comprising such
21 district for the period of [thirty-five] thirty days prior to
22 and the five days next following such special election. In each
23 year the commission may also, when it considers it necessary for
24 the convenience of the electors, provide one or more places of
25 registration in each or any ward of the city, at which two or
26 more registrars, as the commission may deem necessary, shall be
27 present to receive personal applications from qualified electors
28 of the city who claim that they are entitled to be registered,
29 which registrars shall be present thereat [between the hours of
30 seven antemeridian and one postmeridian, and between the hours
19750H1956B3085 - 13 -
1 of four and ten postmeridian] during the hours specified by the
2 commission and on such days as may be selected by the
3 commission, which shall be [not more than sixty days, and] not
4 less than thirty days, prior to any general, municipal or
5 primary election: Provided, further, however, That with respect
6 to any person who shall become a citizen of the United States on
7 a day subsequent to the sixtieth day prior to any election or
8 primary, but at least one month prior to the day of such
9 election or primary, the commission or any commissioner, employe
10 or clerk assigned for that purpose shall receive personal
11 applications from such person if he or she is otherwise
12 qualified at the office of the registration commission until the
13 thirtieth day prior to such election or primary during ordinary
14 business hours [except Sundays, holidays and] on the days
15 hereinbefore provided for the registration of electors in the
16 districts or wards.
17 (b) The commissioners in charge of elections shall cause any
18 polling place to be open, in proper order for use, as a place of
19 registration, on each day when such polling place may be desired
20 by the registration commission for use as a place of
21 registration; and the appropriating authorities of the county
22 shall provide for the payment of all rentals for such polling
23 places and other places of registration.
24 (c) The board of public education or school directors of
25 each school district shall furnish suitable space, room or rooms
26 in any public school building under its jurisdiction or control,
27 and shall cause such space, room or rooms to be open and in
28 proper order for use as a place of registration on each day when
29 such room or rooms may be desired by the registration commission
30 for use as a place of registration: Provided, That such use
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1 shall not interfere with instruction for the conduct of which
2 such board of public education or school directors shall be
3 responsible.
4 (d) The proper city or county authorities shall furnish
5 suitable space, room or rooms in the city hall or any of its
6 annexes or other municipal or county building under their
7 jurisdiction or control, and shall cause such space, room or
8 rooms to be open on each day when such space, room or rooms may
9 be desired by the commission for use as a place of registration
10 or as an office of the commission: Provided, That such use shall
11 not interfere with the use for which such room or rooms is
12 primarily designed.
13 (e) The commission shall in reasonable time publicly
14 announce the address of each place of registration, each office
15 of the commission established for the registration of electors
16 other than its main office, and the days and hours when the
17 place or office shall be open for the registration of electors,
18 by posting thereat and at its main office a notice thereof and
19 [at least five placards or notices thereof in conspicuous places
20 in the neighborhood of such place of registration or office,
21 and] by such other means as it shall deem advisable.
22 Section 6. Section 18 of the act is repealed.
23 Section 7. Subsection (a) of section 19 of the act, amended
24 August 1, 1941 (P.L.702, No.277) and July 30, 1941 (P.L.710,
25 No.279), is amended to read:
26 Section 19. Registration Cards; Preparation and
27 Distribution.--(a) For the purpose of registering the qualified
28 electors of the city, the commission shall prepare registration
29 cards, serially numbered, in duplicate or triplicate, as the
30 commission may determine, and containing spaces for entering the
19750H1956B3085 - 15 -
1 information required by section twenty and twenty and one-tenth
2 of this act, and either the following affidavit or the affidavit
3 prescribed in section twenty and one-tenth, as the case may be:
4 REGISTRATION AFFIDAVIT
5 State of Pennsylvania
6 ss:
7 County of
8 I hereby swear, or affirm, that I am a citizen of the United
9 States, that on the day of the next election I shall be at least
10 [twenty-one] eighteen years of age, and shall have resided
11 in the State of Pennsylvania [for one year (or, having
12 previously been a qualified elector or a native born citizen of
13 the State and having removed and returned, then six months) next
14 preceding said election] thirty days and in the election
15 district [two months] thirty days, that I am legally
16 qualified to vote, that I have read (or have had read to me) the
17 foregoing statements made in connection with my registration
18 and that they are true and correct.
19 Subscribed and sworn to before me this ......................
20 day of .............
21 ...........................
22 (Signature of Registrar or Person Authorized to act as
23 Registrar)
24 .........................
25 Signature of Voter
26 * * *
27 Section 8. The act is amended by adding a section to read:
28 Section 19.1. Official Non Personal Voter Registration
29 Application Cards; Preparations and Distribution.--
30 (a) For the purpose of enabling qualified electors of each
19750H1956B3085 - 16 -
1 city of the first class to register to vote, the Secretary of
2 the Commonwealth shall cause to be prepared and printed at the
3 expense of the Commonwealth, non personal voter registration
4 application cards containing spaces for entering the information
5 required by sections 20, 20.1 and 20.2 of this act. The form
6 shall be a self mailer so designed as to preserve the
7 confidentiality of the information required to be submitted by
8 the registrant. The form shall be serially numbered on the
9 application card itself, and on the portion which will be
10 returned to the voter to indicate receipt by the county board of
11 elections, and have attached to it, a numbered stub, which will
12 be removed by the registrant, prior to sending the form to the
13 county board of election, and which will be retained by the
14 registrant until he receives from the commission acknowledgment
15 that the application card has been received. The form shall also
16 be designed in order to require the applicant to affix two
17 signatures, one signature to be affixed under the declaration of
18 the applicant and the other signature on a removable label or
19 other device to be affixed under the information required of the
20 applicant. In addition, the form shall include a detachable
21 portion on which the registrant shall print his name, present
22 residential address, postal designation and zip code. Such
23 portion shall include on the reverse side, printed notification
24 to the registrant that his application form has been received
25 and is being processed by the county registration commission.
26 Such notification shall be sent within three days from receipt
27 thereof, by first class non-forwardable mail, return postage
28 guaranteed, with all postage costs to be paid by the State.
29 The form shall include such other information as the
30 Secretary of the Commonwealth may reasonably require and shall
19750H1956B3085 - 17 -
1 also contain the following information:
2 (1) Notice that those currently registered do not need to
3 reregister unless they have moved or failed to vote at least
4 once during the immediately preceding two calendar years.
5 (2) Notice of a registrant's right to also register in
6 person.
7 (3) Instructions on how to fill out and submit the
8 application card and that the card must be received by the
9 appropriate county registration commission at least thirty days
10 prior to the ensuing primary or election at which the applicant
11 may offer to vote.
12 (4) Notice that the registrant must be a citizen of the
13 United States for at least one month, a resident of
14 Pennsylvania, the county and the election district for at least
15 thirty days, and must be eighteen years old on or before the day
16 following the ensuing primary or election at which the
17 registrant offers to vote.
18 (5) A notice that a naturalized citizen must show the date
19 when, place where, the court by which naturalized and the number
20 of the naturalization certificate.
21 (6) Notice that political party enrollment is mandatory to
22 vote in a primary election of a political party.
23 (7) Notice that the voter notification stub from the
24 application card form will be mailed non-forwardable and
25 advising the registrant to contact the county registration
26 commission in the event such notification stub is not received
27 within ten days from the date the application is sent to the
28 county board of elections.
29 (8) Information designating the name of each county seat
30 together with its post office mailing address and zip code and
19750H1956B3085 - 18 -
1 telephone number.
2 (9) Notice that registration, enrollment or transfer is not
3 complete until the application card is processed, and accepted
4 by the commission.
5 (10) A warning to the registrant that the State penalty for
6 making a false registration or furnishing false information
7 shall be perjury punishable by fine of one thousand dollars
8 ($1,000) and/or five years imprisonment, plus loss of suffrage
9 for ten years.
10 (11) Instructions to Federal or State employes who wish to
11 retain voting residence in the county of last residence to so
12 indicate on the application form.
13 (b) The Secretary of the Commonwealth shall supply such
14 official registration application forms to all county
15 registration commissions, who shall supply forms when requested
16 while keeping a record of the serial numbers of said forms to
17 any person, and to all Federal, State, county, local
18 governmental and school district offices, to all political
19 parties, political bodies, candidates, organized bodies of
20 citizens, community service organizations, leagues of women
21 voters, postmasters of all post offices and to any civic,
22 religious, educational, fraternal, labor, news-media, charitable
23 or business organizations interested therein. In addition, the
24 Secretary of the Commonwealth shall request the proper
25 governmental agency to make an official registration application
26 card available to all persons applying for or changing address
27 for driver's license, library cards, senior citizen
28 transportation passes, entry to all schools and institutions of
29 higher education. Furthermore, the Secretary of the Commonwealth
30 may provide technical assistance to county registration
19750H1956B3085 - 19 -
1 commissions upon request and shall contract with the United
2 States Postal Service for the payment of all postage costs for
3 the transmittal of said official registration application cards
4 to the registration commission by the registrant and the
5 transmittal of the notification receipt form to the registrant
6 by the registration commission.
7 Section 9. Subsections (a) and (b) of section 20 of the act,
8 subsection (a) amended September 19, 1961 (P.L.1493, No.636),
9 and subsection (b) amended July 31, 1941 (P.L.710, No.279), are
10 amended to read:
11 Section 20. Manner of Registration.--(a) Every person
12 claiming the right to be registered as an elector [must] may
13 appear in person before the commission, a commissioner, a clerk
14 or employe of the commission acting as registrar or a registrar
15 at the main office of the commission, or at such other office or
16 place as the commission shall have designated, and answer the
17 questions required to be asked in accordance with this act or
18 may register in any other manner provided by this act.
19 [Every person claiming the right to be registered as an
20 elector who is physically disabled so that he cannot appear in
21 person to be registered may request, in writing, that the
22 registration commission send a registrar to the residence of
23 such person for the purpose of registering such person in the
24 same manner as required by law of other persons appearing for
25 registration. The letter requesting such registration shall be
26 accompanied by a statement of the physician attending such
27 person, stating that such person is physically disabled to the
28 extent that such person is unable to appear at any of the
29 established places for registration. Upon receipt by the
30 registration commission of such a letter duly accompanied by the
19750H1956B3085 - 20 -
1 required physician's statement, the registration commission
2 shall direct one of its registrars to go to the residence of
3 such disabled person and register him or her, as the case may
4 be.]
5 (b) [He] When registering in person, he shall first be sworn
6 or affirmed to the truth of the statements which he is about to
7 make, and informed that any wilful false statement will
8 constitute perjury and will be punishable as such. He then shall
9 be asked to state the facts required herein, and his answers,
10 together with the other information herein required, shall be
11 recorded in his presence by the registrar or by the person
12 authorized to act as a registrar or commission, in permanent
13 writing or typewriting, in triplicate or duplicate, as the
14 commission may determine, in the proper spaces on the
15 registration cards, as follows:
16 * * *
17 Section 10. Section 20.1 of the act, added August 1, 1941
18 (P.L.702, No.277), and amended August 14, 1963 (P.L.900,
19 No.432), is amended to read:
20 Section 20.1. Manner of Registration by Persons in Military
21 Service, Persons in the Merchant Marine, Persons in Religious
22 and Welfare Groups Officially Attached to and Serving with the
23 Armed Forces and Civilian Federal Personnel Overseas and their
24 Spouses and Dependents.--In addition to any other method herein
25 provided, the following persons may also be registered in the
26 manner hereinafter set forth under this section: (1) any person
27 in military service, his spouse and dependents; or (2) any
28 person in the Merchant Marine, his spouse and dependents; or (3)
29 any person in religious and welfare groups officially attached
30 to and serving with the Armed Forces, his spouse and dependents
19750H1956B3085 - 21 -
1 or (4) any person who is a civilian employe of the United States
2 outside the territorial limits of the several states of the
3 United States and the District of Columbia, whether or not such
4 person is subject to the civil service laws and the
5 Classification Act of 1949 and whether or not paid from funds
6 appropriated by the Congress, his spouse and dependents.
7 (a) He may [make application] submit to the commission [for
8 a registration card] an official registration application card,
9 the form of which shall be determined and prescribed by the
10 Secretary of the Commonwealth. The commission is hereby
11 authorized to consider a request for an absentee ballot from any
12 person enumerated in this section as [an application for a
13 registration card] a request for an official registration
14 application card and to cause to be forwarded to any such
15 person, together with his absentee ballot and balloting
16 material, [a registration card, in duplicate] an official
17 registration application card, to be completed and [sworn to or
18 affirmed] the declaration signed prior to or concurrently with
19 the time of voting the absentee ballot: Provided, however, That
20 the envelope containing such executed [duplicate] official
21 registration [cards shall bear a postmark no later than the day
22 of the primary or election for which the absentee ballot is
23 being voted and] application card shall be received at the
24 office of the commission no later than the last date [as]
25 provided by law for the [canvassing] return of absentee ballots.
26 (b) The official registration application card shall require
27 the statement of, and shall provide sufficient space for the
28 following information: (1) The surname of the applicant, (2) his
29 Christian name or names, (3) his civilian occupation, if any,
30 (4) the street or road and number, if any, of his home residence
19750H1956B3085 - 22 -
1 and the date of leaving same, provided that in the event that
2 there is no street address, the applicant must list the nearest
3 cross street or road, (5) if his residence was a portion only of
4 a house, the location or number of the room or rooms, apartment,
5 flat or floor which he occupied, (6) the date his residence
6 began at the place which is his home residence, (7) his home
7 residence address when he last registered and the year of such
8 registration, including any former registration under any other
9 surname, (8) the sex of the applicant, (9) the color of the
10 applicant, (10) the state or territory of the United States or
11 the foreign country where he was born, (11) the date when, place
12 where, and the court by which naturalized, and the number of the
13 naturalization certificate, (12) if not naturalized personally,
14 the name of father, mother or husband through whom naturalized,
15 (13) whether he is unable by reason of illiteracy to read the
16 names on the ballot or voting machine labels, (14) whether he
17 has a physical disability which will render him unable to see or
18 mark the ballot or operate the voting machine or to enter the
19 voting compartment or voting machine booth without assistance,
20 and, if so, his declaration of that fact and his statement of
21 the exact nature of such disability, (15) the designation of the
22 political party of the elector for the purpose of voting at
23 primaries, (16) the [affidavit] declaration of registration, as
24 hereinafter prescribed, which shall be signed by the elector,
25 [attested by the signature of any person authorized to
26 administer oaths,] (17) the height of the applicant in feet and
27 inches, (18) the color of his hair, (19) the color of his eyes,
28 (20) the date of his birth, (20.1) the designation by the
29 applicant that the official registration application card is
30 intended by the applicant for use as new registration, change of
19750H1956B3085 - 23 -
1 address, change of name, or change of political party
2 affiliation. Each registration card for registration by persons
3 registering under this section shall also have (21) a sufficient
4 number of spaces thereon for the insertion by the commission,
5 but not by the applicant, of the ward and election district, if
6 any, in which the applicant resided on the date of leaving home
7 residence and to which he may from time to time remove after
8 returning to his home residence, together with his street
9 address in each such ward and district and the other data
10 required to be given upon such removal, (22) the date of each
11 election and primary at which the applicant votes after
12 registration, the number and letter, if any, of the stub of the
13 ballot issued to him, or his number in the order of admission to
14 the voting machines, and (23) the signature or initials of the
15 election officer, commissioner, registrar or clerk, who enters
16 the record of voting on the card[: Provided, however, That the
17 applicant may state (24) his social security number].
18 Immediately following the spaces for inserting the required
19 information, the applicant shall affix his signature exactly as
20 it appears in clauses (1) and (2).
21 (c) In addition, the foregoing registration card shall
22 contain the following affidavit:
23 REGISTRATION [AFFIDAVIT] DECLARATION
24 I hereby [swear or affirm] declare that I am a citizen of
25 the United States, that on the day of the next ensuing primary
26 or election I shall be at least [twenty-one] eighteen years of
27 age, and shall have resided in the Commonwealth of Pennsylvania
28 [for one year (or having previously been a qualified elector or
29 a native born citizen of the Commonwealth and having removed and
30 returned, then six months)] and in the election district [sixty]
19750H1956B3085 - 24 -
1 thirty days, that I [have read (or have had read to me)]
2 affirm that the [foregoing statements made in connection with
3 my registration and that they are] information provided herein is
4 true and correct, [and] that I am legally qualified to vote and
5 that I fully understand that this application will be accepted
6 for all purposes as the equivalent of an affidavit, and if it
7 contains a material false statement, shall be subject to the
8 same penalties for perjury as if I had been duly sworn.
9 ..........................
10 Printed name of applicant.
11 .........................................
12 Signature of applicant for registration.
13 [Sworn to and subscribed before me this
14 ................ day of ..............., 19...
15 .............................................
16 Signature of any person authorized to
17 administer oaths.]
18 PENALTY FOR FALSIFYING DECLARATION
19 If any person shall sign an official registration application
20 card knowing any statement declared therein to be false, he
21 shall be guilty of perjury, and upon conviction, shall be
22 sentenced to pay a fine not exceeding one thousand dollars
23 ($1,000), or be imprisoned for a term not exceeding five years,
24 or both, at the discretion of the court. In addition, sentence
25 shall include loss of the right of suffrage absolutely for a
26 term of ten years.
27 (d) [Upon written application by any person who may register
28 under the provisions of this section to the registration
29 commission having jurisdiction in the city in which the
30 applicant resided on the date of leaving his home residence, a
19750H1956B3085 - 25 -
1 registration card, in the form herein prescribed, in duplicate,
2 shall be mailed to the applicant at the address given in such
3 application. Such person shall thereupon supply the information
4 required on the registration card, in duplicate, and shall take
5 the affidavit thereto, in duplicate, in the presence of any
6 person authorized to administer oaths, and shall mail the same,
7 in duplicate, to the registration commission from which it was
8 procured.] Any person registering to vote under this section who
9 is unable to sign his official registration application card
10 shall make his mark and acknowledge same before an officer
11 qualified to take acknowledgments of deeds.
12 (e) Registration in the manner prescribed for by persons
13 registering under this section may be made at any time:
14 (f) The status of any person qualified to register under
15 this section with respect to residence shall remain as the same
16 home residence from which he is qualified to register: Provided,
17 however, That if at the time of leaving such home address any
18 person shall not have resided in Pennsylvania or in a particular
19 election district thereof for a sufficient time to have been
20 entitled to be registered, but by continued residence would have
21 become so entitled, he shall be entitled to be registered at
22 such time as he would have been so entitled had he not left such
23 home address and had continued to reside where he then resided.
24 (g) [Registration] Official registration application cards
25 returned by persons qualified to register under this section to
26 any registration commission shall be examined by a member of the
27 commission or any clerk or registrar upon being received. The
28 right of such person to be registered shall [not] be subject to
29 challenge for any reason [other than] for which a personal
30 registration may be challenged and for the failure to have
19750H1956B3085 - 26 -
1 mailed the commission a properly completed official registration
2 application card. If the commission finds the official
3 registration application card not properly completed it shall
4 reject it in the manner hereinafter provided.
5 Section 11. Section 20.1 of the act, added July 31, 1941
6 (P.L.710, No.279), and amended June 28, 1947 (P.L.1030, No.438),
7 is renumbered and amended to read:
8 Section [20.1] 20.1A. (a) When the non personal registration
9 of an elector has been fully processed and accepted, the
10 commission shall transmit to such registered elector by first
11 class non forwardable mail a wallet sized voter's identification
12 card setting forth the same information required in subsection
13 (b).
14 (b) When the personal registration of an elector [registered
15 thereafter] has been completed, the registrar, commissioner,
16 employe or clerk shall deliver to such registered elector a
17 [written or printed statement signed by such registrar,
18 commissioner, employe or clerk,] a wallet sized voter's
19 identification card setting forth the name and address of the
20 elector, his ward and district, the fact of registration,
21 designation of party enrollment, the date thereof, the serial
22 number of the elector's registration card, space wherein the
23 elector shall affix his signature or mark, and such other
24 information as the commission may deem advisable. Each such
25 statement shall contain a warning to the effect that the said
26 statement relates only to the time of the issuance thereof and
27 is not of itself evidence or proof of the elector's
28 qualifications to vote at any election or primary. Upon request
29 made at the office of the commission by any registered elector
30 who has been registered prior thereto, the commission, if
19750H1956B3085 - 27 -
1 satisfied that such elector is a qualified elector of the
2 district in which he is registered, shall mail or deliver such a
3 statement of his registration to such elector.
4 Section 12. Section 20.2 of the act, added August 14, 1963
5 (P.L.900, No.432), is amended to read:
6 Section 20.2. Manner of [Absentee] Registration by Certain
7 [Ill or Disabled] Electors.--Any elector [who is unable to
8 appear in person to register because of illness or physical
9 disability] may, in addition to any other method herein
10 provided, also be registered in the [following] manner set forth
11 in this section:
12 (a) He may [make application] submit, either by mail, in
13 person or by authorized representative, to the commission [for a
14 registration card] an official registration application card,
15 the form of which shall be determined and prescribed by the
16 Secretary of the Commonwealth.
17 (b) The official registration application card shall require
18 the statement of, and shall provide sufficient space for the
19 following information: (1) The surname of the applicant, (2) his
20 Christian name or names, (3) his occupation, if any, (4) the
21 street or road and number of his residence providing that in the
22 event there is no street address, the applicant must list the
23 nearest cross street or road, (5) if his residence is a portion
24 only of a house, the location or number of the room or rooms,
25 apartment, flat or floor which he occupies, (6) the date his
26 residence began at the place at which he resides, (7) his
27 residence address when he last registered and the year of such
28 registration, including any former registration under any other
29 surname, (8) the sex of the applicant, (9) the color of the
30 applicant, (10) the state or territory of the United States or
19750H1956B3085 - 28 -
1 the foreign country where he was born, (11) the date when, place
2 where, and the court by which naturalized, and the number of the
3 naturalization certificate, (12) if not naturalized personally
4 the name of father, mother or husband through whom naturalized,
5 (13) whether he is unable by reason of illiteracy to read the
6 names on the ballot or on voting machine labels, (14) whether he
7 has a physical disability which will render him unable to see or
8 mark the ballot or operate the voting machine or to enter the
9 voting compartment or voting machine booth without assistance
10 and, if so, his declaration of that fact and his statement of
11 the exact nature of such disability, (15) the designation of the
12 political party of the elector for the purpose of voting at
13 primaries, (16) the [affidavit] declaration of registration as
14 hereinafter prescribed which shall be signed by the elector
15 [attested by the signature of any person authorized to
16 administer oaths or affirmations], (17) the height of the
17 applicant in feet and inches, (18) the color of his hair, (19)
18 the color of his eyes, (20) the date of his birth, (20.1) the
19 designation by the applicant that the official registration
20 application card is intended by the applicant for use as
21 registration change of address, change of name, or change of
22 political party affiliation. Each official registration
23 application card for electors registering in the manner
24 prescribed by this section shall also have a sufficient number
25 of spaces thereon for the insertion of (21) the ward and
26 election district, if any, in which the applicant resides and to
27 which he may, from time to time, remove together with his street
28 address in each such ward and district and the other data
29 required to be given upon such removal, (22) the date of each
30 election and primary at which the applicant votes after
19750H1956B3085 - 29 -
1 registration, the number and letter, if any, of the stub of the
2 ballot issued to him or his number in the order of admission to
3 the voting machines, and (23) the signature or initials of the
4 election officer, commissioner, registrar or clerk, who enters
5 the record of voting on the card[: Provided, however, That the
6 applicant may state (24) his social security number].
7 Immediately following the spaces for inserting the required
8 information, the applicant shall affix his signature exactly as
9 it appears in clauses (1) and (2).
10 (c) In addition, the foregoing official registration
11 application card shall contain the following [affidavit]
12 registration declaration and penalty for falsifying such
13 declaration:
14 REGISTRATION [AFFIDAVIT] DECLARATION
15 I hereby [swear or affirm] declare that I am a citizen of the
16 United States, that on the day of the next ensuing primary or
17 election I shall be at least [twenty-one] eighteen years of age,
18 and shall have resided in the Commonwealth of Pennsylvania [for
19 one year (or having previously been a qualified elector or a
20 native born citizen of the Commonwealth and having removed and
21 returned, then six months)], and in the election district
22 [sixty] thirty days, [that I am now legally entitled to register
23 under this section by virtue of being ill or disabled,] that I
24 am legally qualified to vote, that I [have read (or have had
25 read to me) the foregoing statements made in connection with my
26 registration, and that they are] affirm that the information
27 provided herein is true and correct and that I fully understand
28 that this application will be accepted for all purposes as the
29 equivalent of an affidavit, and if it contains a material false
30 statement, shall be subject to the same penalties for perjury as
19750H1956B3085 - 30 -
1 if I had been duly sworn
2 .........................................
3 Date of Signature
4 ..............................
5 Printed name of applicant
6 ..........................................
7 Signature of applicant for registration.
8 [Sworn to and subscribed before me this
9 .................. day of ...............,
10 19....
11 .........................................
12 Signature of any person authorized to
13 administer oaths or affirmations.]
14 PENALTY FOR FALSIFYING DECLARATION
15 If any person shall sign an official registration application
16 card knowing any statement declared therein to be false, he
17 shall be guilty of perjury, and upon conviction, shall be
18 sentenced to pay a fine not exceeding one thousand dollars
19 ($1,000), or be imprisoned for a term not exceeding five years,
20 or both, at the discretion of the court. In addition, sentence
21 shall include loss of the right of suffrage absolutely for a
22 term of ten years.
23 (d) [Upon written application by an elector in the manner
24 prescribed by this section to the registration commission having
25 jurisdiction in the city in which the applicant resides, a
26 registration card in the form herein prescribed, in duplicate,
27 shall be mailed, postage prepaid, to the applicant at the
28 address given in such application. Such elector shall thereupon
29 supply the information required on the registration card, in
30 duplicate, and shall take the affidavit thereto, in duplicate,
19750H1956B3085 - 31 -
1 in the presence of any person authorized to administer oaths or
2 affirmations and shall have delivered or mail the same, in
3 duplicate, to the registration commission from which it was
4 procured.] Any person registering under this section who is
5 unable to sign his official registration application card shall
6 make his mark and acknowledged before an official who is
7 qualified to take acknowledgment of deeds.
8 (e) Registration in the manner prescribed by this section
9 may be made at any time. If any registration card is received by
10 any registration commission from any elector so registering any
11 time when registration by personal appearance in the manner
12 provided in section 20 of this act could not be made under the
13 provisions of section 17 of this act, such application shall be
14 retained by the commission until the beginning of the next
15 period during which such registration by personal appearance
16 could be made and at such time the applicant, if otherwise
17 entitled, shall be duly registered.
18 (f) [Registration] Official registration application cards
19 returned by electors [registering in the manner prescribed by]
20 qualified to register under this section to any registration
21 commission shall be examined by a member of the commission or
22 any clerk or registrar [at a time and place when personal
23 registrations are] upon being received [and such member of the
24 commission, clerk or registrar shall announce in the hearing of
25 all present the name and address of the elector who has thus
26 offered to register]. The right of such elector to be registered
27 shall be subject to challenge in like manner and for the same
28 causes as set forth in section 22 of this act and for failure to
29 have mailed the commission a properly completed official
30 registration application card. If the commission finds the
19750H1956B3085 - 32 -
1 registration card not properly completed, it shall reject it in
2 the manner hereinafter provided.
3 Section 13. The act is amended by adding a section to read:
4 Section 20.3. Approval of Official Registration Application
5 Cards.--(a) The commission, upon receipt of an official
6 registration application card, shall make an entry of the date
7 received on each application and on the corresponding
8 notification of receipt stub. In the event the applicant does
9 not reside within the city, but resides elsewhere in
10 Pennsylvania, the commission shall forthwith forward such
11 application card to the proper county registration commission.
12 In all other cases, the commission shall forthwith detach the
13 notification stub as provided for in subsection (a) of section
14 19.1 of this act, and send the same to the applicant by first
15 class non-forwardable mail, return postage guaranteed, with such
16 postage costs to be paid by the State.
17 (b) If the official registration application card shall
18 contain the required information indicating that the applicant
19 is legally qualified to register as stated in his application,
20 the commission shall transfer all information on such
21 application card to a registration card, serially numbered in
22 duplicate as provided in section 17 of this act, provided that
23 the official registration application card may serve as the
24 registration card of the applicant in the general file. The
25 commission shall detach the signature portion from the
26 application form and affix it in the proper space on the
27 original registration card to be inserted in the district
28 register.
29 (c) If the official registration application card is one for
30 transfer of registration and party enrollment and shall contain
19750H1956B3085 - 33 -
1 the required information, and the applicant is legally qualified
2 to transfer his registration or change his party enrollment as
3 stated in his application, the commission shall thereupon make
4 such transfer.
5 (d) If the official registration application card is one for
6 change of party enrollment and shall contain the required
7 information, the party enrollment of such applicant shall be
8 effective no later than the next primary.
9 (e) If the official registration application card is not in
10 compliance with this act the commission shall mark "REJECTED" on
11 the application form together with the reason for rejection and
12 return same to the applicant by first class non-forwardable
13 mail, return postage guaranteed.
14 (f) Upon the return by the post office of an applicant's
15 notification stub which the post office is unable to deliver at
16 the given address, the commission shall cause an investigation
17 to be made. In the event the commission finds the applicant is
18 not qualified from such an address, the commission shall reject
19 the application and notify the applicant by first class mail of
20 such action.
21 (g) The commission shall undertake such street canvasses by
22 inspectors to verify residence of those registered and to
23 determine if there are unregistered eligible voters residing at
24 these addresses. When the inspectors find or believe that there
25 are unregistered voters at a residency or voters who have
26 changed addresses they shall leave sufficient official
27 registration application cards for all potentially eligible
28 voters who are unregistered or need to change their
29 registrations. There must be at least one inspector for each
30 twenty thousand (20,000) registered voters as of the last
19750H1956B3085 - 34 -
1 election. Provided, That each registration specialist employed <--
2 under section 5 (i) may be considered an inspector for purposes
3 of this section.
4 (h) If the registration commission suspects that for any
5 reason the applicant is not entitled to registration, change of
6 party affiliation, change of address or change of name, the
7 commission may cause an investigation to be made in reference
8 thereto. If the commission shall find that the applicant is not
9 qualified to register, change party affiliation, change address
10 or change name, the application shall be rejected and the
11 applicant notified of such rejection with the reason therefor,
12 provided that such rejection must be made no later than ten (10)
13 days before the ensuing primary or election succeeding the
14 filing of the official registration application card.
15 Section 14. Section 23 of the act, amended June 7, 1961
16 (P.L.273, No.159), is amended to read:
17 Section 23. Naturalized Applicants; Applicants Whose
18 Fathers, Mothers or Husbands Were Naturalized.--All persons
19 claiming the right to vote by reason of naturalization shall
20 [produce the proper naturalization papers, or a certified copy
21 thereof, before they shall be registered] declare the date when,
22 place where and court by which they were naturalized and the
23 number of the naturalization certificate: Provided, That any
24 person claiming citizenship by reason of the naturalization of
25 his father or mother [may be registered either by the production
26 of his father's or mother's original papers, or a certified copy
27 thereof, or by making affidavit as to the court in which, and
28 time when,] during his minority shall declare the date when,
29 place where, and the court by which his father or mother was
30 naturalized, and the date of his birth, indicating that he, the
19750H1956B3085 - 35 -
1 applicant, then acquired citizenship and that he is unable to
2 produce his father's or mother's naturalization papers or a
3 certified copy thereof, stating the reason: And provided
4 further, That any woman claiming citizenship by reason of her
5 marriage prior to September twenty-second, one thousand nine
6 hundred and twenty-two, may be registered either (a) by the
7 production of her husband's original naturalization papers or a
8 certified copy thereof, or by making affidavit that her husband
9 was naturalized prior to their marriage stating therein the date
10 and place of their marriage, the time when, and the court in
11 which such naturalization was effected, and that she is unable
12 to produce his original naturalization papers or a certified
13 copy thereof, stating the reason therefor, or (b) by the
14 production of evidence that her husband was a native born
15 citizen of the United States or by making affidavit of such fact
16 stating therein the place and date of her husband's birth and
17 the date and place of their marriage. Each such affidavit shall
18 be filed with the registration affidavit of the person whose
19 registration it affects, and shall be returned therewith to the
20 office of the registration commission.
21 A person who has previously been registered in any city of
22 the first class and moves to another address in the same city
23 may be reregistered notwithstanding his inability to produce
24 documentary proof of citizenship, if such proof was submitted in
25 connection with his prior registration and the fact thereof was
26 noted on his registration record: And further provided, That
27 such person has voted within three years of the date of such
28 reregistration.
29 Section 15. Section 24 of the act, amended August 1, 1941
30 (P.L.702, No.277), is amended to read:
19750H1956B3085 - 36 -
1 Section 24. Incomplete or Rejected Application to Be
2 Recorded.--The registrar, clerk or commissioner shall record on
3 registration cards the surname, Christian name or names, and
4 street and number of residence of each person who applies for
5 registration, whether or not the application is accepted.
6 Whenever the applicant is rejected after a portion of the record
7 has been filled in, the registration card or cards shall be
8 marked "Applicant Rejected," and the registrar, clerk or
9 commissioner shall note thereon the reason for the rejection and
10 shall sign his name thereto. The registrar, clerk or
11 commissioner shall forthwith personally notify the applicant if
12 his application for registration is rejected: Provided, however,
13 That if [the] an official registration application card was
14 received by mail [from a person in military service] or from the
15 personal representative of the elector, notice of rejection
16 shall be by mail. All such cards shall be returned to the
17 commission and shall be preserved for a period of two years.
18 Section 16. Section 26 of the act amended July 31, 1941
19 (P.L.710, No.279), is amended to read:
20 Section 26. General Register.--A copy of the registration
21 affidavits for the entire city shall be placed in cabinets in
22 exact alphabetical order and indexed as to name, and shall be
23 kept at the office of the commission in a place and in such
24 manner as to be properly safeguarded. These affidavits shall
25 constitute the general register of such city, and shall not be
26 removed from the office of the commission, nor open to public
27 inspection, except upon order of the court of common pleas of
28 the county wherein such city is located, upon sufficient cause
29 having been shown. The official registration application card of
30 an elector who has registered by using a non personal voter
19750H1956B3085 - 37 -
1 registration application card may qualify as a duplicate
2 registration card.
3 Section 17. Section 27 of the act, amended July 31, 1941
4 (P.L.710, No.279), is amended to read:
5 Section 27. District Registers; [Triplicate] Registration
6 Cards.--
7 (a) The original registration affidavits shall be filed by
8 election districts, and within each election district, in exact
9 alphabetical order, or in the order in which their residences
10 appear upon the streets of the election district and in exact
11 alphabetical order for each residence, as the commission may
12 determine, and shall be visibly indexed as to name and voting
13 record. The affidavits so filed for each election district shall
14 constitute the district register for such district. The district
15 register shall be kept at the office of the commission, except
16 as herein provided and shall be open to public inspection,
17 subject to reasonable safeguards, rules and regulations and to
18 the provisions of this act.
19 (b) The commission shall safely retain all [triplicate]
20 registration affidavits or cards now in its custody, and such as
21 it may under the provisions of this act hereafter require to be
22 used in the registration of electors, for the same period of
23 time as the commission is required to retain all other
24 registration affidavits or cards and in such order or manner as
25 it may by regulation direct. Any such [triplicate] registration
26 affidavit or card may be substituted for a lost, destroyed or
27 mislaid original or duplicate affidavit or card of the same
28 elector on order of the commission endorsed thereon and signed
29 by a commissioner, and such [triplicate] affidavit or card when
30 so substituted shall be deemed and considered for all purposes
19750H1956B3085 - 38 -
1 as though it shall be the original or duplicate affidavit or
2 card, as the case may be.
3 (c) All official registration application cards shall be
4 deemed original registration affidavits for the purposes of this
5 section.
6 Section 18. Sections 28 and 29 of the act, amended June 3,
7 1943 (P.L.855, No.359), are amended to read:
8 Section 28. Removal Notices.--The commission shall provide
9 forms of removal notices, which it shall cause to be made
10 available for the convenient use of registered electors. These
11 notices shall be printed upon cards suitable for mailing,
12 addressed to the office of the registration commission and shall
13 contain spaces wherein the elector shall write--(1) the street
14 and number of his present residence and the specific location
15 thereof, including the number of the room, apartment, flat or
16 floor in his residence, if a portion only of a house; (2) the
17 street and number of the address from which he was last
18 registered; (3) the date of his removal to his present address;
19 (4) the serial number of his registration card; (5) space
20 wherein the elector shall sign his name and insert the date of
21 signing; (6) space wherein two registered electors of the
22 district to which he has removed shall sign their names and
23 addresses, certifying to the truth of the statement on said
24 notice as to his present place of residence. The removal notice
25 shall contain a statement that the elector may, by filling out
26 properly and signing a removal notice, having it witnessed as
27 aforesaid and returning it to the office of the commission, have
28 his change of residence entered on the registers. Each removal
29 notice shall contain a warning to the elector that the notice
30 will not be accepted unless the signature thereon can be
19750H1956B3085 - 39 -
1 identified by the commission with the elector's signature in the
2 general and district register, and that if he notifies the
3 commission of a change of his residence address knowing or
4 having reason to know that he is not entitled to have his
5 residence address changed, he shall be guilty of a misdemeanor
6 and subject to the penalties as provided by this act. Each
7 removal notice, to be effective, must be received either through
8 the mail or by delivery at the office of the commission,
9 postmarked or delivered, as the case may be, not later than [the
10 tenth day] thirty days prior to any primary or election, and
11 must have been signed by the elector within ten days prior to
12 the date of mailing or delivery. Warning of these provisions
13 shall also appear on each removal notice form. An official
14 registration application card of any elector who has registered
15 by mail may qualify as a removal notice.
16 Section 29. Recording Change of Residence.--(a) Upon receipt
17 of a removal notice properly filled out, and executed on the
18 form prescribed by the commission within the time and in the
19 manner provided by this act, containing the required information
20 and setting forth a removal of residence to another location in
21 the same district, the commission shall cause the signature
22 thereon to be compared with the signature on the registration
23 affidavit of the elector from whom the removal notice purports
24 to come, and, if the signature shall appear authentic, shall
25 enter the change of residence in the registers. In any case, the
26 commission shall advise the elector promptly in writing of its
27 action.
28 (c) If the commission shall doubt that the request is
29 authentic, it shall, without entering the change of residence,
30 promptly notify the elector that it will be necessary for him to
19750H1956B3085 - 40 -
1 apply in person at any office of the commission to have the
2 change of residence entered in the registers.
3 (d) [No elector who is unable to write his name shall be
4 permitted to apply for the recording of his change of residence
5 by use of a written removal notice, but each such elector must
6 apply in person at any office of the commission, or any place of
7 registration, on one of the days and at such time as prescribed
8 for the registration of electors, establish his identity, and
9 state, under oath or affirmation, to which he shall affix his
10 mark in the presence of a registrar, clerk or commissioner, who
11 shall affix his own signature thereto as a witness, the
12 information required of registered electors in a removal
13 notice.] Any [other] elector may also appear in person at any
14 office of the commission or any place of registration on any of
15 the said days and apply for the recording of his change of
16 residence within the same district, in which case the signatures
17 of two registered electors of the district shall not be
18 required, if such elector shall establish his identity, and,
19 after stating under oath or affirmation the information required
20 in a removal notice, shall sign the same in the presence of a
21 registrar, clerk or commissioner, who shall affix his own
22 signature thereto as a witness.
23 (e) Immediately upon the receipt of a removal notice by the
24 commission, it shall note thereon the date of receipt and number
25 the same in the order of its receipt, and shall forthwith mail
26 to the elector an acknowledgment of the receipt of such notice,
27 stating the date of receipt and the number assigned to it and
28 that the elector will be advised by the commission of the action
29 taken thereon. Each acknowledgment so mailed shall contain on
30 the outside a request to the postmaster to return it to the
19750H1956B3085 - 41 -
1 commission within five days if it cannot be delivered to the
2 addressee at the address given thereon and not to forward the
3 same to any other address. In the event that any such removal
4 notice shall be filed or application made for the recording of
5 his change of residence as provided in clause (d) of this
6 section by an elector at any place of registration or at any
7 office of the commission, a similar acknowledgment shall be
8 delivered to him by the registrar, clerk or employes receiving
9 the same, signed by him: Provided, however, That such removal
10 notices and applications shall be numbered by the registrar,
11 clerk or employe in the order of their receipt at the respective
12 registration places or offices. The commission may cause blank
13 forms of acknowledgments to be physically attached to the
14 removal notices and applications and may require the elector to
15 insert his name and new address thereon before filing the same.
16 Section 19. Section 30 of the act, amended July 31, 1941
17 (P.L.710, No.279), August 14, 1963 (P.L.900, No.432), and March
18 26, 1973 (P.L.9, No.3), is amended to read:
19 Section 30. Change of Party Enrollment; Notice Change of
20 Enrollment of Political Party; Cancellation of Party Enrollment;
21 Persons Suffering Disability After Registration to Have Fact
22 Recorded; Cancellation.--(a) The commission shall provide change
23 of party enrollment notices, which it shall cause to be
24 available for the convenient use of registered electors. Those
25 notices shall be printed upon cards and shall contain spaces
26 wherein shall be recorded under oath--(1) the street and number
27 of the elector's residence; (2) his ward and election district;
28 (3) the political party in which he is enrolled; (4) the
29 political party in which he desires to be enrolled; (5) the
30 signature of the elector; (6) the serial number of his
19750H1956B3085 - 42 -
1 registration card. Any person who is duly registered and is a
2 member of any of the categories enumerated in sections 20.1 and
3 20.2 herein who desires to change his party enrollment shall be
4 permitted to do so by addressing to the commission a signed
5 written application under oath taken and subscribed to before
6 any person authorized to administer oaths or by submitting an
7 official registration application card designated as a change of
8 party enrollment. The application [shall] may be sent by the
9 applicant[, if outside the continental limits of the United
10 States by registered mail, return receipt required, otherwise by
11 certified mail, return receipt required, and shall also contain
12 a statement that such person is at the time of making the
13 application absent from his residence or is ill or disabled.] by
14 mail, or by any other means. If, upon examination, the signature
15 appears authentic and the application conforms to the provisions
16 of this section, the enrollment shall be changed in accordance
17 with the application. In the event a registered elector changes
18 his party enrollment between any primary and the following
19 November or municipal election, such party enrollment change
20 shall become effective no later than the next ensuing primary.
21 (b) At any time except the thirty days next preceding the
22 primary election and except the thirty days next following an
23 election, any person who desires to change his party enrollment,
24 or who, although registered, has not hitherto enrolled as member
25 of a party, shall appear at any office of the commission or
26 before the registrars in his ward or district, and sign the
27 change of party enrollment notice, or shall submit an official
28 registration application card designated as a change of party
29 enrollment containing the information required by subsection (a)
30 of this section, stating the designation of the political party
19750H1956B3085 - 43 -
1 in which he desires to be enrolled: Provided, however, That no
2 registered elector shall be permitted to change his party
3 enrollment between any primary and the following general or
4 municipal election, nor more than once between any November
5 election and the following primary election. The commission
6 shall cause the signature thereon to be compared with the
7 signature on the general and district registers, and, if the
8 signatures appear authentic, shall enter the change of
9 enrollment of political party in the registers, unless such
10 elector is prohibited from changing his party enrollment as
11 aforesaid. In the event a registered elector changes his party
12 enrollment between any primary and the following November or
13 municipal election, such party enrollment change shall become
14 effective no later than the next ensuing primary.
15 (c) Any elector who is unable to write his name shall, in
16 addition, establish his identity, and shall affix his mark, in
17 lieu of his signature, in the presence of a registrar, clerk or
18 commissioner, who shall affix his own signature thereto as a
19 witness to the information required in the change of party
20 enrollment notice.
21 (d) At any time not later than the thirtieth day preceding
22 any primary, any qualified elector of the city, including any
23 watcher, may petition the commission to cancel the party
24 enrollment of any registered elector of such city who has
25 previously enrolled as a member of a party for the purpose of
26 voting at primary elections, setting forth, under oath, that he
27 believes that such elector is not a member of the party with
28 which he has been enrolled, and also setting forth that due
29 notice of the time and place when said petition would be
30 presented had been given to the person so registered, at least
19750H1956B3085 - 44 -
1 forty-eight hours prior to presentation of the same, by
2 delivering a copy of the said petition to him personally or by
3 leaving it with an adult member of the family with which he
4 resides. If, at or before the hearing of any such petition, the
5 elector against whom the petition is filed files an affidavit
6 with the commission in which he swears or affirms that, at the
7 last election at which he voted, he voted for a majority of the
8 candidates of the party as a member of which he desires to be
9 enrolled, all of the candidates of a party for presidential
10 elector being counted as two candidates, the petition shall be
11 refused, otherwise, the party enrollment of such elector shall
12 be forthwith cancelled.
13 (e) Any elector who has, since the time of registration,
14 suffered a physical disability which renders him unable to see
15 or mark the ballot or prepare the voting machine, or to enter
16 the voting compartment or voting machine booth, without
17 assistance shall, at least seven days prior to the next
18 succeeding primary or election, personally make application,
19 under oath, to the commission or registrars to have such fact
20 entered on his registration affidavit, together with the exact
21 nature of his physical disability, which entry shall be made
22 accordingly.
23 (f) When the commission shall ascertain that any elector who
24 has declared his need for assistance is no longer illiterate, or
25 no longer suffers from the disability stated by him, it shall
26 cancel on his registration affidavit the entry relating to
27 illiteracy or physical disability which authorized him to have
28 assistance, and shall forthwith notify such elector by mail of
29 this action.
30 Section 20. Section 32 of the act is amended by adding a
19750H1956B3085 - 45 -
1 clause to read:
2 Section 32. Mail Check-up of Register.--* * *
3 (e) For new registrants or for persons changing their
4 registration and using the official registration application
5 card, the notification stub may serve as the mail check-up of
6 register.
7 Section 21. Section 37 of the act, subsection (c) added July
8 31, 1941 (P.L.710, No.279), is amended to read:
9 Section 37. Delivery of District Registers to Commissioners
10 in Charge of Elections.--(a) Not later than noon of the Friday
11 preceding an election or primary, the commission shall deliver
12 to the commissioners in charge of the election or primary the
13 district registers for that district, accurately corrected to
14 date, together with other election materials for use on election
15 day, in the manner in which such commissioners now are or
16 hereafter may be required to deliver the same: Provided,
17 however, That the registration commission shall not deliver to
18 the commissioners in charge of elections the registration card,
19 for use at the polls on election day, for any person who has
20 removed from one election district to another within [two
21 months] thirty days of any general, municipal, primary or
22 special election.
23 (b) District registers, when so delivered to the
24 commissioners in charge of elections, shall be contained in
25 suitable binders so constructed and locked that the name,
26 address, voting record, and other data on each card may be
27 visible, and that entries may be made on each card, but that the
28 cards cannot be removed by the election officers. Said binders
29 shall be enclosed within a case or container and shall be locked
30 and sealed by the commission before delivery to the
19750H1956B3085 - 46 -
1 commissioners in charge of elections.
2 Said binders shall have printed or written thereon the words
3 "District Register of Voters" and the number of the district and
4 ward.
5 (c) In the event that any of said district registers when so
6 delivered shall contain the names of registered electors not
7 contained in the street list posted in the district as required
8 by section thirty-four (b), or shall omit names of registered
9 electors contained in said street list, then the said registers
10 shall be accompanied by a list showing such names as were added
11 and such names as were omitted with a brief explanation or key
12 showing the cause for such addition or omission. Such list shall
13 remain in the polling place on election day open to public
14 inspection. One copy of such list shall be posted at the office
15 of the commission at the time of the delivery of the binders and
16 shall remain posted until after the next succeeding election,
17 and one copy of such list shall be furnished to the chairman of
18 the city committee of each party entitled to a ballot at the
19 preceding primary.
20 Section 22. Section 40 of the act, amended May 23, 1945
21 (P.L.898, No.361), is amended to read:
22 Section 40. Cancellation of Registration upon Failure to
23 Vote Within Certain Periods; Request for Reinstatement;
24 Correction of Errors of the Commission in Cancellation of
25 Registrations.--[Within three months after the first day of
26 January of] During each year, the commission shall cause all of
27 the district registers to be examined, and in the case of each
28 registered elector who is not recorded as having voted at any
29 election or primary during the two calendar years immediately
30 preceding, the commission shall send to such elector by mail, at
19750H1956B3085 - 47 -
1 his address appearing upon his registration affidavit, a notice,
2 setting forth that the records of the commission indicate that
3 he has not voted during the two immediately preceding calendar
4 years, and that his registration will be cancelled [at the
5 expiration of ten days from the date of mailing such notice] if
6 he does not vote in the next primary or election or unless he
7 shall, within [that period] ten days of the next primary or
8 election, file with the commission, [either personally or by
9 mail,] a written request for reinstatement of his registration,
10 signed by him, setting forth his place of residence. A list of
11 the persons to whom such notices shall have been mailed shall be
12 sent promptly to the city chairman of the political party of
13 which the electors were registered as members. At the expiration
14 of the time specified in the notice, the commission shall cause
15 the registration of such elector to be cancelled unless he has
16 filed with the commission a signed request for reinstatement of
17 his registration as above provided. The official registration
18 application card of an elector who has registered may qualify as
19 a reinstatement of his registration or a removal notice. The
20 cancellation of the registration of any such elector for failure
21 to vote during the two immediately preceding calendar years
22 shall not affect the right of any such elector to subsequently
23 register [by personal application] in the manner provided by
24 this act.
25 Whenever the registration of an elector has been cancelled
26 through error, such elector may petition the commission for the
27 reinstatement of his registration not later than the tenth day
28 preceding any primary or election, and after a hearing on said
29 application, if error on the part of the commission is proved,
30 the commission shall reinstate the registration of such elector.
19750H1956B3085 - 48 -
1 Section 23. Section 44 of the act, repealed as to witness
2 fees by act of July 21, 1941 (P.L.425, No.173), is amended to
3 read:
4 Section 44. Subpoenas and Witness Fees.--(a) Any person
5 filing any petition of any kind aforesaid with the commission,
6 or opposing same, shall have the privilege of having subpoenas
7 issued by the commission to compel the attendance of witnesses
8 upon condition that all witnesses so subpoenaed shall be paid
9 [two dollars and fifty cents] twenty dollars per day as witness
10 fees, in the manner herein provided.
11 (b) The commission, on its own motion, may subpoena
12 witnesses, including registrars, each of whom shall also be
13 entitled to daily witness fees, [at the rate aforesaid] to be
14 paid out of any money to be provided for the purpose to the
15 commission by the appropriating authority of the county in the
16 same manner as other necessary expenses of such commission are
17 to be provided for.
18 (c) All subpoenas shall be in substantially the same form
19 and shall have the same force and effect as subpoenas now issued
20 by a court of common pleas. The commission shall have the
21 benefit of the process of said courts, if necessary, to enforce
22 any subpoena issued by such commission.
23 (d) No subpoena shall be issued for the benefit of any
24 person, other than the commission, until he shall have paid the
25 commission a fee of twenty-five cents for issuing the same, and
26 deposited with said commission one day's witness fees for each
27 witness to be summoned thereby, whose names shall be given to
28 the commission and entered by it in such subpoena, and no such
29 subpoena shall be of any virtue to require the further
30 attendance of any witness after the day mentioned therein unless
19750H1956B3085 - 49 -
1 the hearing be postponed or continued by the commission, and
2 unless, before four o'clock postmeridian of said day, the person
3 for whose benefit it be issued shall have deposited with the
4 said commission an additional day's witness fees for each
5 witness whose further attendance is desired. As soon as
6 convenient after any hearing is concluded (or postponed or
7 continued) on any day, the commission shall disburse the fees
8 deposited with it by any person aforesaid among these witnesses
9 who have appeared in response to subpoenas issued as aforesaid,
10 and shall return to the person who deposited the same any fees
11 deposited for others who did not attend, and shall also pay like
12 fees to any summoned by the commission as aforesaid, taking
13 their receipts therefor, as long as there are sufficient funds
14 available for such payments.
15 (e) The commission shall pay over to the city treasurer all
16 fees received for subpoenas. The accounts of such commission
17 respecting disbursements of witness fees out of appropriation
18 made to such commission by the appropriating authority of the
19 city shall be subject to audit from time to time by the city
20 controller.
21 Section 24. Subsection (d) of section 45 of the act is
22 amended and the section is amended by adding a subsection <--
23 SUBSECTIONS to read: <--
24 Section 45. Crimes and Penalties.--* * *
25 (d) Any person who applies for registration, or who notifies
26 the commission of a change of his residence address, knowing, or
27 having reason to know, that he is not entitled to be registered,
28 or have his residence address changed, or any person who
29 declares as his residence a place or address which he knows or
30 has reason to know is not his legal residence, or who falsely
19750H1956B3085 - 50 -
1 personates another in an application for registration, or who
2 knowingly offers false naturalization [papers] information to
3 establish his claim to be registered, shall be guilty of a
4 misdemeanor, and, upon conviction thereof, shall be sentenced to
5 pay a fine not exceeding one thousand ($1,000.00) dollars, or to
6 undergo an imprisonment [of not more than three (3) years] not
7 exceeding five (5) years, or both. In addition, sentence shall
8 include the loss of the right of suffrage absolutely for a term
9 of ten (10) years.
10 * * *
11 (q) Any wilful false statement made by a registrant in
12 information set forth by such registrant on the official
13 registration application card shall be perjury, and any
14 registrant convicted thereof, shall be sentenced to pay a fine
15 not exceeding one thousand ($1,000.00) dollars, and to undergo
16 an imprisonment not exceeding five (5) years, or both. In
17 addition, sentence shall include the loss of the right of
18 suffrage absolutely for a term of ten (10) years.
19 (r) It shall be a misdemeanor for an elector's
20 representative under section 20 to deliberately misinstruct or
21 falsify or alter party designation or to fail to deliver a
22 completed and signed registration application.
23 Section 25. This act shall take effect May 1, 1976.
K19L28JKD/19750H1956B3085 - 51 -