PRINTER'S NO. 2248
No. 1770 Session of 2001
INTRODUCED BY CURRY, GEORGE, CAPPELLI, CALTAGIRONE, COLAFELLA,
CORRIGAN, CREIGHTON, DeLUCA, FRANKEL, FREEMAN, GRUCELA,
HORSEY, JAMES, JOSEPHS, KIRKLAND, McCALL, McGILL, MELIO,
MUNDY, PALLONE, SHANER, STEELMAN, TANGRETTI, TRELLO, WANSACZ,
C. WILLIAMS AND YOUNGBLOOD, JUNE 18, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 18, 2001
AN ACT
1 Amending the act of June 30, 1995 (P.L.170, No.25), entitled "An
2 act providing for voter registration, for registration
3 commissions, for remedies and for absentee ballots; imposing
4 penalties; making appropriations; and making repeals,"
5 further providing for removal notices; and providing for
6 provisional ballots.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 901 and 1903 of the act of June 30, 1995
10 (P.L.170, No.25), known as the Pennsylvania Voter Registration
11 Act, are amended to read:
12 Section 901. Removal notices.
13 (a) Form.--
14 (1) The commission shall make removal notices available
15 to electors who are registered in the county.
16 (2) The notice shall be printed upon cards suitable for
17 mailing, addressed to the office of the commission. The
18 notice shall provide the following information:
1 (i) The address of present residence, including
2 municipality.
3 (ii) The address of last registration, including
4 municipality.
5 (iii) Date of removal to present residence.
6 (iv) Signature.
7 (3) The notice shall contain a statement that the
8 elector may, by filling out properly and signing a removal
9 notice and returning it to the office of the commission,
10 secure the transfer of registration effective as to elections
11 at least 30 days after the date of removal into the new
12 district.
13 (4) The notice shall contain a warning to the elector
14 that the notice will not be accepted as an application for
15 transfer of the elector's registration unless the signature
16 thereon can be identified by the commission as the elector's
17 signature as it appears on file with the commission.
18 (5) The notice shall contain a warning to the elector
19 that the notice must be received by the commission not later
20 than 30 days before the election. If mailed, the notice must
21 be postmarked not later than the deadline for registration
22 or, in the case of an illegible or missing postmark, received
23 within five days of the close of registration.
24 (b) Use.--An elector who removes residence from one place to
25 another within the same county must notify the commission by
26 filing a removal notice under subsection (a), or a signed
27 request for renewal that contains the information required in
28 subsection (a), with the commission not later than the
29 registration deadline before the election. If mailed, the notice
30 or request must be postmarked not later than the deadline for
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1 registration or, in the case of an illegible or missing
2 postmark, received within five days of the close of
3 registration. The following apply:
4 (1) An official registration application of an elector
5 who has registered by mail qualifies as a removal notice.
6 (2) An elector who removes residence from one place to
7 another within the same county and who has not yet filed a
8 removal notice with the commission shall be permitted to vote
9 [at the election next following removal if, at the time of
10 signing voter's certificate, the elector files with the judge
11 of election a signed removal notice properly filled out.
12 Removal notices under this paragraph shall be returned to the
13 commission with the voting check list, and the commission
14 shall proceed to transfer the registration of the electors
15 under section 902.] in accordance with sections 1902 and
16 1903.
17 Section 1903. Incorrect records and provisional ballots.
18 [If] (a) General rule.--If an elector claims to be properly
19 registered in the area covered by the polling place and eligible
20 to vote at the precinct in the election, but his or her
21 eligibility cannot be determined, or if registration records
22 incorrectly indicate that an elector has moved from an address
23 in the area covered by a polling place, the elector shall, upon
24 written affirmation before an election official at that polling
25 place, be permitted to vote at that polling place[.] using a
26 provisional ballot. Once voted, a provisional ballot shall be
27 placed in an envelope in a form prescribed by the secretary and
28 substantially in the format required for absentee ballots under
29 section 1304 of the act of June 3, 1937 (P.L.1333, No.320),
30 known as the Pennsylvania Election Code.
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1 (b) Form.--The provisional ballot affirmation shall be in
2 substantially the following form:
3 Commonwealth of Pennsylvania
4 County of................................................
5 I do solemnly affirm that my name is....................;
6 that my birth date is...................................;
7 that I am registered to vote; that my address is9 9 9 ..;
8 in......................County, Pennsylvania; and that I
9 am a qualified elector in this election.
10 ............................
11 (Signature of voter)
12 Sworn and subscribed to before me on.....................
13 ............................
14 (Judge of Elections)
15 Additional information may be provided to further assist
16 the judge of elections in determining eligibility. If
17 known, please provide the place and date that you
18 registered...............................................
19 (c) Alternate rule.--In counties where the voting system
20 does not utilize paper ballots, the judge of elections shall
21 provide the appropriate provisional ballot at each polling place
22 in accordance with regulations issued by the secretary.
23 (d) Hearing.--Provisional ballots shall be returned to the
24 county board with the returns of the local election district
25 where they shall be placed unopened in a secure, safe and sealed
26 container in the custody of the county board until it shall fix
27 a time and place for a formal hearing of all such ballots. A
28 formal hearing shall be held of all such provisional ballots and
29 notice shall be given to all electors thus submitting
30 provisional ballots and to every attorney, watcher or candidate
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1 in the same manner as hearings for challenged absentee ballots
2 under section 1308(e) of the Pennsylvania Election Code. At such
3 hearing, the county board shall examine each provisional ballot
4 to determine if the person voting that ballot was entitled to
5 vote at the precinct in the election and that the person had not
6 already cast a ballot in the election.
7 (e) Signature.--If it is determined that the person was
8 registered and entitled to vote at the precinct in the election,
9 the county board shall compare the signature on the provisional
10 ballot envelope with the signature on the voter's registration
11 and, if it matches, shall count the ballot. If it is determined
12 that the person was registered and entitled to vote at another
13 precinct in the election, the county board shall compare the
14 signature on the provisional ballot envelope with the signature
15 on the voter's registration and, if it matches, shall count the
16 ballot for all offices the person was eligible to vote for.
17 (f) Rejection.--If it is determined that the person voting
18 the provisional ballot was not registered or entitled to vote in
19 the county at the election, the provisional ballot shall not be
20 counted and the ballot shall remain in an envelope marked
21 "Rejected and illegal."
22 (g) Addition.--Upon completion of the computation of the
23 returns of the county, the votes cast upon provisional ballots
24 shall be added to the other votes cast within the election
25 district.
26 Section 2. This act shall take effect in 60 days.
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