PRINTER'S NO. 593
No. 520 Session of 2007
INTRODUCED BY GRUCELA, TANGRETTI, FREEMAN, BIANCUCCI, BISHOP, BOYD, CALTAGIRONE, COHEN, COSTA, DALEY, DENLINGER, DePASQUALE, DONATUCCI, FRANKEL, BARRAR, GEORGE, GERGELY, GOODMAN, HENNESSEY, JOSEPHS, KING, KOTIK, KULA, MAHONEY, MANN, McILHATTAN, MYERS, M. O'BRIEN, PARKER, REED, SCAVELLO, SCHRODER, M. SMITH, SOLOBAY, STABACK, BENNINGHOFF, THOMAS AND GIBBONS, MARCH 6, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 6, 2007
AN ACT 1 Amending Title 25 (Elections) of the Pennsylvania Consolidated 2 Statutes, further providing for qualifications to register 3 and for eligibility for primaries; and making related 4 repeals. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 1301, 1325(b) and 1327 of Title 25 of 8 the Pennsylvania Consolidated Statutes are amended to read: 9 § 1301. Qualifications to register. 10 (a) Eligibility.--An individual who will be at least 18 11 years of age on the day of the next election, who has been a 12 citizen of the United States for at least one month prior to the 13 next election and who has resided in this Commonwealth and the 14 election district where the individual offers to vote for at 15 least 30 days prior to the next ensuing election and has not 16 been confined in a penal institution for a conviction of a
1 felony within the last five years shall be eligible to register 2 as provided in this chapter. 3 (b) Effect.--No individual shall be permitted to vote at any 4 election unless the individual is registered under this 5 subsection, except as provided by law or by order of a court of 6 common pleas. No registered elector shall be required to 7 register again for any election while the elector continues to 8 reside at the same address. 9 (c) Removal of residence.--Except as otherwise provided by 10 this part, a registered elector who removes residence from one 11 place to another outside the elector's last election district 12 shall not be entitled to vote in the election district of the 13 elector's last residence except pursuant to the provisions of 14 this section and sections 1501(b) (relating to removal notices), 15 1502 (relating to transfer of registration) and 1902 (relating 16 to procedure for voting following failure to return notification 17 card). 18 (d) Eligibility for primaries.--An individual who meets the 19 requirements of subsection (a) who will be at least 18 years of 20 age on the day of the next general or municipal election may 21 register and vote for the corresponding primary. No person shall 22 be entitled to vote as a member of a party at any primary unless 23 he is registered and enrolled as a member of such party upon the 24 district register. This enrollment upon the district register 25 shall be conclusive as to his party membership and shall not be 26 subject to challenge on the day of the primary. 27 § 1325. Government agencies. 28 * * * 29 (b) Forms.--An agency designated in subsection (a) shall 30 provide a form for office visits or, if the agency provides 20070H0520B0593 - 2 -
1 services to persons with disabilities, for home visits which
2 contains all of the following:
3 (1) The question "If you are not registered to vote
4 where you live now, would you like to apply to register to
5 vote today?"
6 (2) If the agency provides public assistance, the
7 statement "Applying to register or declining to register to
8 vote will not affect the amount of assistance that you will
9 be provided by this agency."
10 (3) Boxes for the applicant to check to indicate whether
11 the applicant would like to register or decline to register
12 to vote. In close proximity to the boxes the following words
13 shall appear in prominent type: "IF YOU DO NOT CHECK EITHER
14 BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER
15 TO VOTE AT THIS TIME."
16 (4) The statement "In order to be qualified to register
17 to vote, you must be at least 18 years of age on the day of
18 the next general, municipal or special election, you must
19 have been a citizen of the United States for at least one
20 month prior to the next election and have resided in
21 Pennsylvania and the election district where you plan to vote
22 for at least 30 days prior to the next election, and you must
23 not have been confined in a penal institution for a
24 conviction of a felony within the last five years."
25 (5) The statement "If you would like help in filling out
26 the voter registration application form, we will help you.
27 The decision whether to seek help is yours. You may fill out
28 the form in private."
29 (6) The statement "If you believe that someone has
30 interfered with your right to register or to decline to
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1 register to vote, your right to privacy in deciding whether 2 to register or in applying to register to vote or your right 3 to choose your own political party or other political 4 preference, you may file a complaint with the Secretary of 5 the Commonwealth, Pennsylvania Department of State, 6 Harrisburg, PA 17120." The secretary shall establish and 7 publish a toll-free telephone number for the purpose of 8 receiving complaints. 9 * * * 10 § 1327. Preparation and distribution of applications. 11 (a) Form.-- 12 (1) The secretary shall prescribe the form of an 13 official voter registration application. The official voter 14 registration application shall provide space for the 15 following information about the applicant: 16 (i) Full name. 17 (ii) Address of residence. If the residence is a 18 portion only of the house, the location or number of the 19 room, apartment or floor which is occupied. 20 (iii) Mailing address if different than address of 21 residence. 22 (iv) Name and residence address on previous 23 registration and the year of that registration. 24 (v) Designation of political party, for the purpose 25 of voting at a primary election. 26 (vi) Date of birth. 27 (vii) Telephone number. An application shall not be 28 rejected because of noncompliance with this subparagraph. 29 (viii) Race. An application shall not be rejected 30 because of noncompliance with this subparagraph. 20070H0520B0593 - 4 -
1 (2) Data required on the voter registration application 2 shall not be more nor less than the minimum data elements 3 permissible for Federal voter registration. 4 (3) Any person who assists in the completion of the 5 registration application shall sign the application and 6 indicate the person's address. In the case of those 7 registering under sections 1323 (relating to application with 8 driver's license application) and 1325 (relating to 9 government agencies), the person providing assistance shall 10 insert the person's initials or employee or agent 11 identification number on a separate or detachable portion of 12 the application or computer data file. 13 (4) A voter registration application shall be printed on 14 stock of good quality and shall be of suitable uniform size. 15 Nothing in this part shall prohibit the design and use of an 16 electronic voter registration application which includes the 17 applicant's digitized or electronic signature. The 18 registration application shall contain the following 19 information; however, the information may be provided on a 20 separate form for voter registration made under section 1323 21 or 1325: 22 (i) Notice that a registered elector does not need 23 to reregister unless the registered elector has moved. 24 (ii) Instructions on how to fill out and submit the 25 application and notification of when the application must 26 be submitted to a voter registration office in order to 27 be registered for the ensuing election. 28 (iii) Notice that the applicant must be a citizen of 29 the United States for at least one month prior to the 30 next election and a resident of this Commonwealth and the 20070H0520B0593 - 5 -
1 election district for at least 30 days and must be at
2 least 18 years of age by the day of the next [ensuing]
3 general, municipal or special election and has not been
4 confined in a penal institution for a conviction of a
5 felony within the last five years. The notice required in
6 this subparagraph shall be in print identical to the
7 declaration under subsection (b).
8 (iv) Notice that political party enrollment is
9 mandatory to vote in a primary election of a political
10 party.
11 (v) Notice that the commission will mail by
12 nonforwardable mail to the applicant a voter's
13 identification card upon acceptance of the application
14 and that the applicant should contact the commission if
15 the identification card is not received within 14 days
16 from the date the application is sent to the registration
17 office.
18 (vi) Notice that registration is not complete until
19 the application is processed and accepted by the
20 commission.
21 (vii) A warning to the applicant that making a false
22 registration or furnishing false information is perjury.
23 The notice required in this subparagraph shall be in
24 print identical to the declaration under subsection (b).
25 (viii) Instructions to Federal or State employees
26 who wish to retain voting residence in county of last
27 residence to so indicate on the application.
28 (ix) Notice that, if an individual declines to
29 register to vote, the fact that the individual has
30 declined to register will remain confidential and will be
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1 used only for voter registration purposes. The notice 2 required in this subparagraph shall be in print identical 3 to the declaration under subsection (b). 4 (x) Notice that, if an individual does register to 5 vote, the office at which the individual submits a voter 6 registration application will remain confidential and 7 will be used for voter registration purposes only. The 8 notices required in this subparagraph shall be in print 9 identical to the declaration in subsection (b). 10 (5) In jurisdictions where there is a single language 11 minority, the secretary may print a bilingual application. 12 (6) In jurisdictions where a single language minority 13 exceeds 5% of the population, the secretary shall: 14 (i) print a bilingual application; and 15 (ii) conduct a public educational program among that 16 language group alerting both organizations and 17 individuals of that group of the availability of the 18 bilingual application and encouraging individuals to 19 register. 20 (7) To implement section 1324 (relating to application 21 by mail), the secretary shall print an official voter 22 registration mail application designed to preserve the 23 confidentiality of the information required to be submitted. 24 The application shall contain information required by this 25 section and shall include the name of each county seat, its 26 post office mailing address and zip code and its telephone 27 number. Voter registration mail applications shall contain 28 information indicating whether the application is a new 29 registration, change of party enrollment, change of address 30 or change of name. 20070H0520B0593 - 7 -
1 (8) Nothing in this part shall prohibit a private 2 organization or individual from printing blank voter 3 registration applications or shall prohibit the use of such 4 applications by any other individual, provided that the form, 5 content and paper quality of such voter registration 6 application complies with department regulations for the 7 forms or has received prior approval from the secretary. 8 (b) Registration declaration.-- 9 (1) The official voter registration application shall 10 contain a registration declaration. On the declaration, the 11 applicant shall state all of the following: 12 (i) The applicant has been a citizen of the United 13 States for at least one month prior to the next election. 14 (ii) On the day of the next [ensuing] general, 15 municipal or special election, the applicant shall be at 16 least 18 years of age. 17 (iii) On the day of the next ensuing election, the 18 applicant shall have resided in this Commonwealth and in 19 the election district for at least 30 days. 20 (iv) The applicant has not been confined in a penal 21 institution for a conviction of a felony within the last 22 five years. 23 (v) The applicant is legally qualified to vote. 24 (2) The applicant shall affirm all of the following: 25 (i) The information provided in the registration 26 declaration is true. 27 (ii) The applicant understands that: 28 (A) the registration declaration will be 29 accepted for all purposes as the equivalent of an 30 affidavit; and 20070H0520B0593 - 8 -
1 (B) if the registration contains a material 2 false statement, the applicant shall be subject to 3 penalties for perjury. 4 (3) The registration declaration shall contain the 5 printed name and signature of the applicant and the date of 6 signing. An applicant unable to sign the voter registration 7 application shall make a mark before a person of the 8 applicant's choice other than the applicant's employer or an 9 agent of the applicant's union. The person shall insert the 10 person's name, address and telephone number. If the person is 11 an employee or agent of the Department of Transportation or 12 another agency as provided under section 1325 and is 13 assisting the applicant in an official capacity, the employee 14 or agent shall insert the initials and identification number 15 of the employee or agent. In the case of applicants 16 registering under section 1323 or 1325, the person providing 17 assistance shall insert initials or employee or agent 18 identification number on a separate or detachable portion of 19 the application or computer data file. 20 (4) The official registration application shall contain 21 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The 22 notice shall advise the applicant that if a person signs an 23 official registration application knowing a statement 24 declared in the application to be false, the person commits 25 perjury. The notice shall specify the penalty for perjury. 26 (c) Distribution.-- 27 (1) The secretary shall supply official registration 28 applications to commissions. 29 (2) The secretary shall make available for distribution 30 official voter registration applications to public libraries, 20070H0520B0593 - 9 -
1 public schools, State-related institutions of higher 2 education, offices operated by the Department of Revenue, 3 offices operated by the Department of Aging, area agencies on 4 aging, offices operated by the Pennsylvania Game Commission 5 or any of its authorized license-issuing agents, offices 6 operated by the Pennsylvania Fish and Boat Commission or any 7 of its issuing agents, and offices that provide unemployment 8 compensation. 9 (3) Each participating agency identified under paragraph 10 (2) shall: 11 (i) Provide that official voter registration mail 12 applications are available on the premises and displayed 13 prominently in a conspicuous location during normal 14 business hours. 15 (ii) Provide an official voter registration mail 16 application to any individual requesting one. 17 (iii) Provide reasonable space for nonpartisan signs 18 or posters indicating the availability of official voter 19 registration mail applications on the premises. 20 (4) The secretary may provide technical assistance to 21 commissions upon request and agencies designated under 22 paragraph (2). 23 (5) The secretary shall print and distribute mail 24 registration applications which are not postage paid and 25 which shall not be specific to any county registration 26 office. Along with the distribution of such applications, the 27 secretary shall also include instructions to inform the 28 applicant where the application is to be sent. 29 (6) The secretary and commissions shall supply 30 applications to all of the following: 20070H0520B0593 - 10 -
1 (i) Persons and organizations who request 2 applications. 3 (ii) Federal, State and political subdivision 4 offices. 5 (iii) Political parties and political bodies. 6 (iv) Candidates. 7 (d) Staff.--Agency employees assisting in the distribution 8 of voter registration applications under subsection (c) shall 9 conduct themselves in a manner consistent with the following 10 principles: 11 (1) They shall not seek to influence an applicant's 12 political preference or party registration or display 13 political preference or party allegiance. 14 (2) They shall not make any statement to an applicant or 15 take any action the purpose of or effect of which is to 16 discourage the applicant from registering to vote. 17 (3) They shall not make any statement to an applicant or 18 take any action the purpose of or effect of which is to lead 19 the applicant to believe that a decision to register or not 20 to register has any bearing on the availability of services 21 or benefits. 22 Agency employees who violate this subsection shall be removed 23 from employment, provided that the agency at its discretion may 24 impose a penalty of suspension without pay for at least 30 days, 25 but not more than 120 days, if it finds that the violation does 26 not warrant termination. 27 Section 2. Repeals are as follows: 28 (1) The General Assembly declares that the repeal under 29 paragraph (2) is necessary to effectuate the amendment of 25 30 Pa.C.S. §§ 1301, 1325(b) and 1327. 20070H0520B0593 - 11 -
1 (2) Sections 701, 702, 703 and 704 of the act of June 3, 2 1937 (P.L.1333, No.320), known as the Pennsylvania Election 3 Code, are repealed. 4 Section 3. This act shall take effect in 60 days. A11L25SFL/20070H0520B0593 - 12 -