PRINTER'S NO. 1046
No. 908 Session of 1983
INTRODUCED BY HARPER, BARBER, KUKOVICH, WIGGINS, PETRARCA, DEAL,
DeLUCA, LINTON, RYBAK, FATTAH, PERZEL, DAWIDA, KOSINSKI AND
MICHLOVIC, MAY 3, 1983
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MAY 3, 1983
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 cancellation or suspension
21 of registration.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 40 of the act of March 30, 1937 (P.L.115,
25 No.40), known as The First Class City Permanent Registration
26 Act, amended July 1, 1976 (P.L.476, No.122), is amended to read:
27 Section 40. Cancellation of Registration upon Failure to
1 Vote Within Certain Periods; Request for Reinstatement;
2 Correction of Errors of the Commission in Cancellation of
3 Registrations.--(a) During each year, the commission shall
4 cause all of the district registers to be examined, and in the
5 case of each registered elector who is not recorded as having
6 voted at any election or primary during the two calendar years
7 immediately preceding, the commission shall send to such elector
8 by mail, at his address appearing upon his registration
9 affidavit, a notice, setting forth that the records of the
10 commission indicate that he has not voted during the two
11 immediately preceding calendar years, and that his registration
12 will be cancelled if he does not vote in the next primary or
13 election or unless he shall, within ten days of the next primary
14 or election, file with the commission, a written request for
15 reinstatement of his registration, signed by him, setting forth
16 his place of residence. A list of the persons to whom such
17 notices shall have been mailed shall be sent promptly to the
18 city chairman of the political party of which the electors were
19 registered as members. At the expiration of the time specified
20 in the notice, the commission shall cause the registration of
21 such elector to be cancelled unless he has filed with the
22 commission a signed request for reinstatement of his
23 registration as above provided. The official registration
24 application card of an elector who has registered may qualify as
25 a reinstatement of his registration or a removal notice. The
26 cancellation of the registration of any such elector for failure
27 to vote during the two immediately preceding calendar years
28 shall not affect the right of any such elector to subsequently
29 register in the manner provided by this act.
30 (b) Whenever the registration of an elector has been
19830H0908B1046 - 2 -
1 cancelled through error, such elector may petition the
2 commission for the reinstatement of his registration not later
3 than the tenth day preceding any primary or election, and after
4 a hearing on said application, if error on the part of the
5 commission is proved, the commission shall reinstate the
6 registration of such elector.
7 In addition to the requirements of subsection (b), whenever
8 the commission sends a notice to an elector, the commission
9 shall make a good faith effort to contact such elector by
10 telephone, if such elector has a telephone with a published
11 number, to advise him of the contents of the said notice which
12 was mailed to him. The requirement of a good faith effort shall
13 be met if the commission actually contacts the elector by
14 telephone or if it placed not less than three telephone calls on
15 three days to the electors telephone number.
16 Section 2. This act shall take effect in 60 days.
D5L25JS/19830H0908B1046 - 3 -