PRIOR PRINTER'S NO. 260 PRINTER'S NO. 1315
No. 227 Session of 1983
INTRODUCED BY MAYERNIK, POTT, PRESTON, PETRONE, COWELL, MRKONIC,
DUFFY, PISTELLA, MICHLOVIC, OLASZ, VAN HORNE, TRELLO, DAWIDA,
GAMBLE, MARMION AND DALEY, FEBRUARY 15, 1983
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 6, 1983
AN ACT
1 Amending the act of April 29, 1937 (P.L.487, No.115), entitled,
2 as reenacted and amended, "An act to provide for the
3 permanent personal registration of electors in cities of the
4 second class, cities of the second class A, cities of the
5 third class, boroughs, towns, and townships as a condition of
6 their right to vote at elections and primaries, and their
7 enrollment as members of political parties as a further
8 condition of their right to vote at primaries; prescribing
9 certain procedure for the conduct of elections and primaries
10 and the challenge and proof of qualifications of electors;
11 requiring the county commissioners of the various counties to
12 act as a registration commission therefor; and prescribing
13 the powers and duties of citizens, parties, political bodies,
14 registration commissions, commissioners, registrars,
15 inspectors of registration and other appointees of
16 registration commissions, county election boards, election
17 officers, municipal officers, departments and bureaus, police
18 officers, courts, judges, prothonotaries, sheriffs, county
19 commissioners, peace officers, county treasurers, county
20 controllers, registrars of vital statistics, certain public
21 utility corporations, real estate brokers, rental agents, and
22 boards of school directors; and imposing penalties,"
23 extending the time before CERTAIN persons may be purged from <--
24 the voter rolls.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 38 of the act of April 29, 1937 (P.L.487,
28 No.115), known as The Permanent Registration Act for Cities of
1 the Second Class, Cities of the Second Class A, Cities of the
2 Third Class, Boroughs, Towns, and Townships, reenacted and
3 amended May 31, 1955 (P.L.62, No.32) and amended July 1, 1976
4 (P.L.504, No.123), is amended to read:
5 Section 38. Cancellation or Suspension of Registration Upon
6 Failure to Vote during [Two] Four Calendar Years; Request for <--
7 Reinstatement; Effect of Removal Notice.--Within three months
8 after January first of each year except in such years as the
9 commission shall conduct a check of electors in compliance with
10 clause (c) of section thirty of this act, the registration
11 commission OF EACH COUNTY EXCEPT A COUNTY CONTAINING A CITY OF <--
12 THE SECOND CLASS shall cause all of the district registers to be
13 examined, and in the case of each elector who has been
14 registered for a period of at least [two] four immediately <--
15 preceding calendar years and who is not recorded as having voted
16 at any election or primary during said period, the commission
17 shall send to such elector by mail, at his address appearing
18 upon his registration card, a notice setting forth that the
19 records of the commission indicate that he has not voted during
20 the [two] four immediately preceding calendar years and that his <--
21 registration will be cancelled or suspended at the expiration of
22 ten days from the date of mailing such notice unless he shall,
23 within that period, file with the commission, either personally
24 or by mail, a written request for reinstatement of his
25 registration, or a removal notice properly executed, setting
26 forth his place of residence, and signed by him. At the
27 expiration of the time specified in the notice, the commission
28 shall cancel or suspend the registration of such elector unless
29 he has filed with the commission a signed request for
30 reinstatement of his registration as above provided, or a
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1 removal notice: Provided, however, That the official
2 registration application card of an elector who has registered
3 by mail may qualify as a reinstatement of his registration, or a
4 removal notice. The cancellation or suspension of the
5 registration of any such elector for failure to vote during the
6 [two] four immediately preceding calendar years shall not affect <--
7 the right of any such elector to subsequently register in the
8 manner provided by this act.
9 Such removal notice, properly executed, shall have the same
10 effect as the request for reinstatement, as above provided,
11 where failure to vote during [two] four calendar years may cause <--
12 cancellation or suspension of registration. Either a removal
13 notice card or request for reinstatement card shall be permitted
14 to be used interchangeably in such circumstances: Provided, That
15 in counties in which a reinstatement system is maintained, any
16 elector who, due to circumstances beyond his control, has failed
17 to vote or file a removal notice card as heretofore provided
18 may, on the day of any election or primary, appear at the office
19 of the commission and, upon satisfactory proof, execute and file
20 the necessary removal or reinstatement notice in accordance with
21 the provisions of this act. On any of the aforesaid days, such
22 elector may petition the proper court of common pleas praying
23 for such order directed to the election board of his district
24 that will enable him to exercise his right of suffrage. Appended
25 to said petition shall be a certification to the court by the
26 commission or such person or persons as it may authorize,
27 stating the reason for the removal of the elector's registration
28 card from its active file and further certifying that he has now
29 been duly registered and his card transferred to its active file
30 for all intents and purposes. The petition shall be signed by
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1 the petitioner whose signature shall be compared by an election
2 officer with the signature of the petitioner as it appears on
3 the voter's certificate as executed by him for the purpose of
4 identification and qualified to vote.
5 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
6 SECTION 38.1. CANCELLATION OR SUSPENSION OF REGISTRATION IN
7 COUNTIES CONTAINING A CITY OF THE SECOND CLASS UPON FAILURE TO
8 VOTE DURING FOUR CALENDAR YEARS; REQUEST FOR REINSTATEMENT;
9 EFFECT OF REMOVAL NOTICE.--WITHIN THREE MONTHS AFTER JANUARY
10 FIRST OF EACH YEAR EXCEPT IN SUCH YEARS AS THE COMMISSION SHALL
11 CONDUCT A CHECK OF ELECTORS IN COMPLIANCE WITH CLAUSE (C) OF
12 SECTION THIRTY OF THIS ACT, THE REGISTRATION COMMISSION IN EACH
13 COUNTY CONTAINING A CITY OF THE SECOND CLASS SHALL CAUSE ALL OF
14 THE DISTRICT REGISTERS TO BE EXAMINED, AND IN THE CASE OF EACH
15 ELECTOR WHO HAS BEEN REGISTERED FOR A PERIOD OF AT LEAST FOUR
16 IMMEDIATELY PRECEDING CALENDAR YEARS AND WHO IS NOT RECORDED AS
17 HAVING VOTED AT ANY ELECTION OR PRIMARY DURING SAID PERIOD, THE
18 COMMISSION SHALL SEND TO SUCH ELECTOR BY MAIL, AT HIS ADDRESS
19 APPEARING UPON HIS REGISTRATION CARD, A NOTICE SETTING FORTH
20 THAT THE RECORDS OF THE COMMISSION INDICATE THAT HE HAS NOT
21 VOTED DURING THE FOUR IMMEDIATELY PRECEDING CALENDAR YEARS AND
22 THAT HIS REGISTRATION WILL BE CANCELLED OR SUSPENDED AT THE
23 EXPIRATION OF TEN DAYS FROM THE DATE OF MAILING SUCH NOTICE
24 UNLESS HE SHALL, WITHIN THAT PERIOD, FILE WITH THE COMMISSION,
25 EITHER PERSONALLY OR BY MAIL, A WRITTEN REQUEST FOR
26 REINSTATEMENT OF HIS REGISTRATION, OR A REMOVAL NOTICE PROPERLY
27 EXECUTED, SETTING FORTH HIS PLACE OF RESIDENCE, AND SIGNED BY
28 HIM. AT THE EXPIRATION OF THE TIME SPECIFIED IN THE NOTICE, THE
29 COMMISSION SHALL CANCEL OR SUSPEND THE REGISTRATION OF SUCH
30 ELECTOR UNLESS HE HAS FILED WITH THE COMMISSION A SIGNED REQUEST
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1 FOR REINSTATEMENT OF HIS REGISTRATION AS ABOVE PROVIDED, OR A
2 REMOVAL NOTICE: PROVIDED, HOWEVER, THAT THE OFFICIAL
3 REGISTRATION APPLICATION CARD OF AN ELECTOR WHO HAS REGISTERED
4 BY MAIL MAY QUALIFY AS A REINSTATEMENT OF HIS REGISTRATION, OR A
5 REMOVAL NOTICE. THE CANCELLATION OR SUSPENSION OF THE
6 REGISTRATION OF ANY SUCH ELECTOR FOR FAILURE TO VOTE DURING THE
7 FOUR IMMEDIATELY PRECEDING CALENDAR YEARS SHALL NOT AFFECT THE
8 RIGHT OF ANY SUCH ELECTOR TO SUBSEQUENTLY REGISTER IN THE MANNER
9 PROVIDED BY THIS ACT.
10 SUCH REMOVAL NOTICE, PROPERLY EXECUTED, SHALL HAVE THE SAME
11 EFFECT AS THE REQUEST FOR REINSTATEMENT, AS ABOVE PROVIDED,
12 WHERE FAILURE TO VOTE DURING FOUR CALENDAR YEARS MAY CAUSE
13 CANCELLATION OR SUSPENSION OF REGISTRATION. EITHER A REMOVAL
14 NOTICE CARD OR REQUEST FOR REINSTATEMENT CARD SHALL BE PERMITTED
15 TO BE USED INTERCHANGEABLY IN SUCH CIRCUMSTANCES: PROVIDED, THAT
16 IN COUNTIES IN WHICH A REINSTATEMENT SYSTEM IS MAINTAINED, ANY
17 ELECTOR WHO, DUE TO CIRCUMSTANCES BEYOND HIS CONTROL, HAS FAILED
18 TO VOTE OR FILE A REMOVAL NOTICE CARD AS HERETOFORE PROVIDED
19 MAY, ON THE DAY OF ANY ELECTION OR PRIMARY, APPEAR AT THE OFFICE
20 OF THE COMMISSION AND, UPON SATISFACTORY PROOF, EXECUTE AND FILE
21 THE NECESSARY REMOVAL OR REINSTATEMENT NOTICE IN ACCORDANCE WITH
22 THE PROVISIONS OF THIS ACT. ON ANY OF THE AFORESAID DAYS, SUCH
23 ELECTOR MAY PETITION THE PROPER COURT OF COMMON PLEAS PRAYING
24 FOR SUCH ORDER DIRECTED TO THE ELECTION BOARD OF HIS DISTRICT
25 THAT WILL ENABLE HIM TO EXERCISE HIS RIGHT OF SUFFRAGE. APPENDED
26 TO SAID PETITION SHALL BE A CERTIFICATION TO THE COURT BY THE
27 COMMISSION OR SUCH PERSON OR PERSONS AS IT MAY AUTHORIZE,
28 STATING THE REASON FOR THE REMOVAL OF THE ELECTOR'S REGISTRATION
29 CARD FROM ITS ACTIVE FILE AND FURTHER CERTIFYING THAT HE HAS NOW
30 BEEN DULY REGISTERED AND HIS CARD TRANSFERRED TO ITS ACTIVE FILE
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1 FOR ALL INTENTS AND PURPOSES. THE PETITION SHALL BE SIGNED BY
2 THE PETITIONER WHOSE SIGNATURE SHALL BE COMPARED BY AN ELECTION
3 OFFICER WITH THE SIGNATURE OF THE PETITIONER AS IT APPEARS ON
4 THE VOTER'S CERTIFICATE AS EXECUTED BY HIM FOR THE PURPOSE OF
5 IDENTIFICATION AND QUALIFIED TO VOTE.
6 Section 2 3. This act shall take effect in 60 days. <--
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