THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, METCALFE, AUMENT, CUTLER, EVANKOVICH, GABLER, REED, ROAE, SAYLOR AND SWANGER, FEBRUARY 14, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 14, 2011  

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, further providing for approval of registration

applications, street lists, public information lists and

applications.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1328(c) of Title 25 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 1328.  Approval of registration applications.

* * *

(c)  Processing of voter registration.--

(1)  When a commission has accepted a voter registration

application under subsection (b)(3), the commission shall

assign each applicant a unique identification number in the

SURE system. The commission shall mail department approved

instructions on the required photograph for the voter

registration card, if the registrant has not already

submitted a photograph and a temporary wallet-sized voter's

identification card to the individual by first class

nonforwardable mail, return postage guaranteed, which shall

serve as notice of the acceptance of the application. The

card shall contain all of the following:

(i)  Name and address of the individual.

(ii)  Name of municipality of residence.

(iii)  Identification of the individual's ward and

district.

(iv)  The effective date of registration.

(v)  Designation of party enrollment and date of

enrollment.

(vi)  A space for the individual's signature or mark.

(vii)  The unique identification number of the

individual.

(viii)  A statement that the individual must notify

the commission within ten days from the date it was

mailed if any information on the card is incorrect;

otherwise, the information shall be deemed correct for

voter registration purposes.

(2)  When a commission has accepted a voter registration

application under subsection (b)(4), (5), (6), (7) or (8),

the commission shall mail a wallet-sized voter's

identification card to the individual by first class

nonforwardable mail, return postage guaranteed, which shall

serve as notice of the acceptance of the application. The

card shall contain all of the following:

(i)  Name and address of the individual.

(ii)  Name of municipality of residence.

(iii)  Identification of the individual's ward and

district.

(iv)  The effective date of registration.

(v)  Designation of party enrollment and date of

enrollment.

(vi)  A space for the individual's signature or mark.

(vii)  The SURE registration number of the

individual.

(viii)  A statement that the individual must notify

the commission within ten days from the date it was

mailed if any information on the card is incorrect;

otherwise, the information shall be deemed correct for

voter registration purposes.

(ix)  A high-quality copy of the registrant's

photograph that is on file from the previous voter

registration.

* * *

(f)  Photographic card.--

(1)  As prescribed in regulations promulgated by the

department, the registrant shall submit two photographs

either in person to the county voter registration office or

through the local department of motor vehicles location. One

photograph shall be kept on record by the department and one

photograph shall be incorporated into the voter registration

card that was received by the registrant. The photograph kept

on file shall remain confidential and not be accessible to

the public under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law, or its successor laws.

(2)  If there is a financial hardship, and in other cases

as determined by the department, the registrant may obtain

the two required photographs for free from the Department of

of Transportation.

(3)  If a registrant can give the department just cause

as to why he is unable or cannot provide two photographs, the

department shall waive the requirement. Just cause shall be

determined by the department in a case-by-case basis in a

uniform fashion. If the request to waive the photograph

requirement is denied, the registrant may appeal by following

the same procedure set forth in section 1330 (relating to

appeals).

(4)  The photographic card shall be displayed to verify

the registrant's identity when signing the register before

voting.

(5)  The department shall promulgate regulations that

will ensure the photographs are accurate and provide for

requiring updated photographs as needed.

Section 2.  Section 1403(a) of Title 25 is amended to read:

§ 1403.  Street lists.

(a)  Preparation.--Commencing not later than the 15th day

prior to each election, each commission shall prepare for each

election district a list of the names and addresses of all

registered electors as of that date resident in the district.

The list may not include the digitized or electronic signature

of a registered elector. The list may not include any images

based on or derived from the photographs kept on file under

section 1328(f) (relating to approval of registration

applications). The list shall be arranged in one of the

following manners:

(1)  By streets and house numbers.

(2)  Alphabetically by last name of each registered

elector.

(3)  In a manner whereby the location of the elector's

residence can be identified.

* * *

Section 3.  Sections 1404 and 1703 of Title 25 are amended by

adding subsections to read:

§ 1404.  Public information lists.

* * *

(d)  Records of photographs.--The photographs kept on record

under section 1328(f) (relating to approval of registration

applications) shall not be considered public records and shall

not be accessible to the public under the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law.

§ 1703.  Application.

* * *

(c)  Failure to submit a photograph.--The department shall

promulgate regulations that set forth the time frame for the

registrant to submit a photograph under section 1328(f)

(relating to approval of registration applications). If the time

frame expires before the registrant has submitted a photograph,

the application will be deemed incomplete. If the expiration

occurs during an election, the registrant shall be eligible to

complete a provisional ballot pending the submission of the

photographs.

Section 4.  The Department of State shall promulgate rules

and regulations as are necessary to carry out this act.

Section 5.  This act shall take effect as follows:

(1)  Section 4 of this act shall take effect in 60 days.

(2)  This section shall take effect in 60 days.

(3)  The remainder of this act shall take effect in one

year.