Regular Session 2017-2018 House Bill 1465 P.N. 1870

PRINTER'S NO. 1870

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1465

Session of

2017

INTRODUCED BY RABB, ROZZI, DEAN, SCHLOSSBERG, V. BROWN, SOLOMON,

KINSEY, O'BRIEN, DeLUCA, DAWKINS, PASHINSKI AND FRANKEL,

MAY 31, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 31, 2017

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in registration system, further providing for

departmental responsibilities and for SURE system; in voter

registration, further providing for qualifications to

with driver's license application and for government

agencies, providing for same day voter registration and for

Commonwealth agencies and other entities and further

providing for time, for preparation and distribution of

applications and for approval of registration applications;

in changes in records, further providing for removal notices

and providing for effect of inmates being released from

correctional facilities; in voting procedures, further

providing for application for absentee ballots and providing

for early voting; and adding provisions relating to voter

education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "applicant," "registration

card" and "registration records" in section 1102 of Title 25 of

the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding a definition to read:

§ 1102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

"Applicant." An individual who is automatically registered

or who applies to be registered to vote as provided for in this

part.

* * *

"Employment or program application." All of the following:

(1) Any application for employment filed with any of the

following:

(i) The Bureau of State Employment.

(ii) Any independent agency of this Commonwealth.

(iii) The Pennsylvania Civil Service Commission.

(2) An application for any financial assistance,

compensation, benefit or service available, offered or to

which the person is entitled pursuant to any program

administered by the following:

(i) The Department of Aging.

(ii) The Department of Health.

(iii) The Department of Human Services.

(iv) The Insurance Department.

(v) The Department of Labor and Industry.

(vi) The Department of Military and Veterans

Affairs.

(vii) The Department of Revenue.

(viii) The Treasury Department.

(ix) The Pennsylvania Housing Finance Agency.

(x) Any other offices in this Commonwealth that

provide public assistance or that provide State-funded

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programs primarily engaged in providing services to low-

income individuals, the elderly or persons with

disabilities.

(3) An application for admission to a State-owned or

State-related institution of higher education in this

Commonwealth.

(4) An application for financial assistance filed with

the Pennsylvania Higher Education Assistance Agency.

* * *

"Registration card." A registration record, including an

electronic record, containing all information required on the

registration application, including the elector's signature or

electronic signature, and suitable space for the insertion by

the appropriate official of the following information:

(1) The ward and election district of residence.

(2) The registrant's street address.

(3) Data required to be given upon removal from the

registrant's residence.

(4) The date of each election at which the registrant

votes.

(5) The number and letter of the stub of the ballot

issued to the registrant or the registrant's number in the

order of admission to the voting machines.

(6) The initials of the election officer who enters the

record of voting in the district register.

(7) Whether the registrant needs assistance to vote and,

if so, the nature of the disability.

"Registration records." The general register, district

electronic record, maintained by a commission. The term includes

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any record maintained by the commission on the Statewide Uniform

Registry of Electors.

* * *

Section 2. Sections 1201, 1222(c)(8), 1301, 1321, 1323 and

1325(b)(4) of Title 25 are amended to read:

§ 1201. Departmental responsibilities.

The department shall do all of the following:

(1) Provide for applicants to submit their voter

registration application to a commission, the Department of

Transportation and other agencies designated in section 1325

(relating to government agencies).

(2) Prescribe a procedure for the return of completed

voter registration applications from and the schedule by

which the Department of Transportation, the Department of

[Public Welfare] Human Services, armed forces recruitment

centers, Offices of the Clerk of Orphan's Court and all other

offices authorized under [this part to the secretary or the

appropriate commission.] sections 1323 (relating to automatic

registration with driver's license application), 1325

(relating to government agencies) and 1325.2 (relating to

Commonwealth agencies and other entities) to register

individuals to vote shall provide to the department

electronic records containing the legal name, age, residence

and citizenship information for, and the electronic signature

of, each individual who meets qualifications identified by

the secretary by guideline for automatic registration.

(3) Develop, establish, implement and administer a

Statewide Uniform Registry of Electors in accordance with

Subchapter B (relating to Statewide Uniform Registry of

Electors (SURE)).

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(4) Promulgate regulations necessary to administer this

part.

§ 1222. SURE system.

* * *

single, uniform integrated computer system. All commissions

shall be connected electronically to the SURE system and shall

maintain their registration records in the system. The SURE

system shall, at a minimum, do all of the following:

* * *

(8) Provide for the electronic transfer of voter

registration information transmitted under section 1502

(relating to transfer of registration), completed voter

registration applications and changes of address in

accordance with this part.

* * *

§ 1301. Qualifications to register.

(a) Eligibility.--An individual who:

(1) will be at least 18 years of age on the day of the

next election[, who];

(2) has been a citizen of the United States for at least

one month prior to the next election [and who]; and

(3) has resided in this Commonwealth and the election

district where the individual offers to vote for at least 30

days prior to the next ensuing election [and has not been

confined in a penal institution for a conviction of a felony

within the last five years] shall be eligible to register as

provided in this chapter.

(a.1) Preregistration.--

(1) A person who is otherwise qualified to vote may

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preregister on or after the person's 16th birthday and may

thereafter vote at any election occurring on or after the

person's 18th birthday or such earlier time as State law

permits.

(2) The preregistration of a person under 18 years of

age shall be marked with a code according to the person's

birth date and shall be automatically activated on the

person's 18th birthday or the date permitted by State law.

(3) The database of the county board of elections shall

automatically generate a postcard when the preregistrant

attains 18 years of age. The registrar shall mail the

postcard to the preregistrant at the address at which the

person preregistered or any updated address to notify the

person of the eligibility to vote in the next election.

(b) Effect.--No individual shall be permitted to vote at any

election unless the individual is registered under this

subsection, except as provided by law or by order of a court of

common pleas. No registered elector shall be required to

reside at the same address.

[(c) Removal of residence.--Except as otherwise provided by

this part, a registered elector who removes residence from one

place to another outside the elector's last election district

shall not be entitled to vote in the election district of the

elector's last residence except pursuant to the provisions of

this section and sections 1501(b) (relating to removal notices),

1502 (relating to transfer of registration) and 1902 (relating

to procedure for voting following failure to return notification

card).]

§ 1321. Methods of voter registration.

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(a) Application.--An individual qualified to register to

vote under section 1301(a) (relating to qualifications to

(1) [Under section] Section 1322 (relating to in-person

voter registration).

(2) Under section 1323 (relating to [application]

automatic registration with driver's license application).

(3) [Under section] Section 1324 (relating to

application by mail).

(4) [Under section] Section 1325 (relating to government

agencies).

(5) Under section 1325.1 (relating to same day voter

registration).

(b) Automatic registration.--An individual qualified to

government services under section 1323 or 1325.2 (relating to

Commonwealth agencies and other entities) shall be registered

automatically unless an individual chooses not to register

automatically as provided for in this chapter.

§ 1323. [Application] Automatic registration with driver's

license application.

(a) General rule.--

(1) The Department of Transportation shall provide for

simultaneous [application for] voter registration in

conjunction with the process under 75 Pa.C.S. § 1510

(relating to issuance and content of driver's license). An

application under this subsection shall serve as an

application to register to vote unless the applicant fails to

sign the voter registration application.

(1.1) The secretary shall prescribe a procedure and

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schedule by which the Department of Transportation shall

collect voter information and provide to the department

electronic registration records containing the legal name,

age, residence and the electronic signature of each

individual who reports being a citizen of the United States,

is subject to penalties under 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities) and meets

qualifications identified by the secretary. The secretary has

the primary responsibility for implementing and enforcing the

driver's license voter registration system created under this

section. The secretary, in consultation with the Secretary of

Transportation, may promulgate regulations for implementing

this section.

(1.2) Upon receiving the electronic registration record

for, and electronic signature of, an individual described in

paragraph (1), the secretary shall provide the information to

the commission in which the individual may be registered as

an elector under the laws of this Commonwealth and under the

National Voter Registration Act of 1993 (Public Law 103-31,

42 U.S.C. § 203). The commission shall provide each

individual with the process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

(1.3) If an individual notified under paragraph (1.2)

does not decline to be registered as an elector within 21

calendar days after the commission issues the notification,

the individual's electronic registration record and

electronic signature submitted under paragraph (1) shall

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constitute a completed voter registration application for

purposes of this chapter. The individual shall be registered

to vote if the individual is eligible to vote under the laws

of this Commonwealth and is not already registered to vote.

(1.4) An individual notified under paragraph (1.3) who

does not decline to be registered as an elector within 21

calendar days after the commission issues the notification

and does not adopt a political party affiliation shall be

required to adopt a political party affiliation prior to

voting at the next primary election at which the individual

exercises the individual's right to vote. If no such

political affiliation is adopted, an individual shall be

permitted to vote at the next election that does not require

a political party affiliation to participate.

(1.5) A commission may not send a ballot to, or add to

an elector registration list, an individual who does not have

a completed registration under paragraph (1.2).

(2) An application for voter registration or automatic

registration submitted to the Department of Transportation

under this subsection shall be considered as updating any

previous voter registration information by a registrant.

(3) Any change of address submitted to the Department of

Transportation for the purposes of driver licensing or an

identification card under 75 Pa.C.S. § 1510 (relating to

issuance and content of driver's license) shall serve as

notification of change of address for voter registration for

the registrant involved unless the registrant indicates that

the change of address is not for voter registration purposes.

(b) Process.--

(1) The Department of Transportation shall both provide

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for an application for voter registration as part of a

driver's license application[.] and collect voter

registration information as part of an application submitted

under 75 Pa.C.S. § 1510 by an individual who meets the

qualifications to register under section 1301(a) (relating to

qualifications to register).

(2) The format of the driver's license/voter

registration application and information to be collected

shall be determined and prescribed by the secretary and the

Secretary of Transportation[.] and shall include all the

requirements of an official voter registration application

specified in section 1327 (relating to preparation and

distribution of applications).

(3) The voter registration application portion of the

application shall contain all the requirements of an official

voter registration application specified in section 1327

[(relating to preparation and distribution of applications)].

The voter registration portion of the application:

(i) may not require any information that duplicates

information required in the driver's license portion of

the form, other than a second signature; and

(ii) may require only the minimum amount of

information necessary to prevent duplicate voter

registration, to enable the commission to assess the

eligibility of the applicant and to administer voter

registration and other parts of the election process.

(1) The Department of Transportation shall forward

completed applications or contents of the completed voter

registration applications in machine-readable format to the

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department by the close of registration for the ensuing

election. The Department of Transportation shall forward the

electronic registration record containing the information set

forth in subsection (a)(1) to the secretary as prescribed by

section 1201(2) (relating to departmental responsibilities)

regarding individuals who report being a citizen of the

United States, subject to penalties under 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities).

(2) [The] Upon receipt, the department shall transmit

the material to the appropriate commission within ten days

after the date of its receipt by the Department of

Transportation. If a voter registration application is

received by the Department of Transportation within five days

before the last day to register before an election, the

application shall be transmitted to the appropriate

commission not later than five days after the date of its

receipt by the Department of Transportation.

(3) Upon receipt of the completed voter registration

information from the department, the commission shall make a

record of the date of the receipt of the application or

electronic registration record and process the application.

No applicant shall be deemed eligible to vote until the

commission has received and approved the application. Upon

receipt of an electronic registration record from the

department, the commission shall notify the individual of the

process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

20170HB1465PN1870 - 11 -

(3.1) If an individual notified under paragraph (3) does

not decline to be registered as an elector within 21 calendar

days after the commission issues the notification, the

individual's electronic record and electronic signature

submitted under paragraph (1) shall constitute a completed

voter registration application for purposes of this chapter.

The person shall be registered to vote if the individual is

eligible to vote under the laws of this Commonwealth and is

not already registered to vote.

(3.2) A commission may not send a ballot to, or add to

an elector registration list, an individual who does not have

a completed voter registration under paragraph (3.1).

[(3.1)] (3.3) After the Department of Transportation is

connected to the SURE system and notwithstanding paragraphs

(1), (2) and (3), the Department of Transportation shall

transmit electronically the contents of a completed voter

registration application within five days of receipt of the

application. The Department of Transportation shall transmit

the electronic registration records of individuals who have

reported, subject to penalties under 18 Pa.C.S. § 4904, that

the individual is a citizen of the United States and shall

contain the information set forth in subsection (a)(1) within

24 hours of collection of the information. Upon receipt of

the information from the Department of Transportation, a

commission shall, in the case of an application, make a

record of the date of the receipt of the application and

process the application in accordance with section 1328

(relating to approval of registration applications) or, in

the case of an electronic registration record, proceed in

accordance with paragraphs (3), (3.1) and (3.2). If the

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commission of the county of residence has not been connected

to the SURE system, the Department of Transportation shall

forward the completed application or contents of the

completed application or the electronic registration record

to the department in accordance with paragraph (1). No

applicant shall be deemed eligible to vote until the

commission has received and approved an application in

accordance with section 1328.

(4) Changes of address shall comply with the following:

(i) Before the Department of Transportation is

connected to the SURE system, the Department of

Transportation shall notify the department of changes of

address received under subsection (a)(3). The department

shall notify the commission of the county of the

registrant's former residence. After the Department of

Transportation is connected to the SURE system, the

Department of Transportation shall notify the commission

of the county of the registrant's former residence. If

the registrant has moved to an address outside this

Commonwealth, the commission shall verify the address

change in accordance with section 1901 (relating to

removal of electors). Except as provided in subparagraph

(ii), if the registrant confirms in accordance with

section 1901(d) that he has moved to another county, the

commission shall cancel the registration and forward the

registrant's registration information to the commission

of the registrant's new county of residence. Except as

provided in subparagraph (ii), if the registrant has

moved to an address within the commission's jurisdiction,

the commission shall promptly update the registration

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record of the registrant in accordance with section 1328.

All changes of address received by the Department of

Transportation under this section at least 30 days before

an election must be processed by the commission for the

ensuing election. For the purpose of this paragraph, the

term "registration information" means the registration

card and any other record of registration maintained by a

commission.

(ii) In the case of changes of address received by

the Department of Transportation which do not contain a

signature of the registrant, the commission receiving the

change of address notification shall mail a notice to the

registrant at the new residence address requesting

verification of the address change. If the change of

address is to a new residence outside the commission's

jurisdiction, the commission shall mail the following

notice:

Date.................

Office of the Registration Commission

.......... County, Pennsylvania

....... (Address and Telephone No. of County)

We have been notified by the Department of Transportation

that you recently changed your address

from ................. (old residence address)

to ............... (new residence address) and that this

change of address is to serve as a change of address for

voter registration purposes. Unless you notify this

office within ten days from the date of this notice that

this information is not correct, your voter registration

will be transferred to ........ County. You may notify

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this office by writing your residence address, the date

and your signature on the bottom of this form and mailing

this notice to this office. You need not notify this

office if this information is correct.

............................

Chief Clerk

If the address change is within the commission's

jurisdiction, the commission shall mail a voter's

identification card to the registrant at the new

residence address.

(iii) If the registrant does not return the notice

under subparagraph (ii) within the ten-day period, the

commission shall process the change of address according

to subparagraph (i). If the registrant notifies the

commission that the information is incorrect and the

commission is satisfied with the registrant's explanation

of the discrepancy, the address of the registrant's

registration shall remain unchanged. If the verification

notification or voter identification card is returned by

the post office as undeliverable as addressed or with a

forwarding address, the commission shall send a

confirmation notice to the registrant's address of former

residence in accordance with section 1901(d)(2).

(5) Upon notification and confirmation of any change of

address, a commission shall promptly update information

contained in its registration record.

(d) Prohibition.--[An] The Department of Transportation may

not register to vote under this section an individual who is not

a qualified elector [is ineligible to register to vote under

this section].

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(e) Effect.--Failure to properly complete a voter

registration application or refusal to provide voter

registration information shall not affect the validity of an

application for a driver's license, a renewal application or an

identification card application.

(f) Use of information.--No information regarding a

declination to register to vote in connection with an

application [made] submitted or not submitted if an individual

has not certified that the individual is a citizen of the United

States, subject to penalties under 18 Pa.C.S. § 4904, under this

section may be used for any purpose other than voter

registration.

(g) Staff.--Agents and employees working on behalf of the

Department of Transportation assisting in the completion of

voter registration applications or collecting voter registration

information under this section shall conduct themselves in a

manner consistent with the following principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make a statement to an applicant or

take an action the purpose or effect of which is to

discourage the applicant from registering to vote or

providing voter registration information.

(3) Applicants wishing to register to vote under this

section shall be given the same degree of assistance with the

voter registration application as with all other Department

of Transportation forms.

Agency employees who violate this subsection or who fail to

collect the information required under subsection (a)(1) or who

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fail to forward the information to the department or the SURE

system shall be removed from employment, provided that the

agency at its discretion may impose a penalty of suspension

without pay for at least 30 days, but not more than 120 days, if

it finds that the violation does not warrant termination.

§ 1325. Government agencies.

* * *

(b) Forms.--An agency designated in subsection (a) shall

provide a form for office visits or, if the agency provides

services to persons with disabilities, for home visits which

contains all of the following:

* * *

(4) The statement "In order to be qualified to register

to vote, you must be at least 18 years of age on the day of

the next election, you must have been a citizen of the United

States for at least one month prior to the next election and

have resided in Pennsylvania and the election district where

you plan to vote for at least 30 days prior to the next

[election, and you must not have been confined in a penal

institution for a conviction of a felony within the last five

years."] election."

* * *

Section 3. Title 25 is amended by adding sections to read:

§ 1325.1. Same day voter registration.

(a) General rule.--A qualified elector may register on

election day by appearing in person at the polling place for the

electoral district in which the individual maintains residence

by completing and submitting a registration application to the

judge of elections and providing proof of identification and

residence.

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(b) Acceptable forms of identification.--In addition to

providing a completed voter registration form, an applicant must

provide a valid form of identification, including any of the

following government-issued forms of identification:

(1) A valid driver's license or identification card

issued by the Department of Transportation.

(2) A valid identification card issued by another agency

of the Commonwealth.

(3) A valid identification card issued by the United

States Government.

(4) A valid United States passport.

(5) A valid United States Armed Forces identification

card.

(1) Upon certifying the eligibility of the qualified

elector, the judge of elections at the polling place shall

issue a provisional ballot, provided by the county board of

elections, which is to be completed by the qualified elector

and sealed in an envelope along with the voter registration

application.

(2) Within 10 days of an election, the Department of

State shall approve or deny a voter registration application

under the provisions established in section 1328 (relating to

approval of registration applications).

(3) The provisional ballot shall not be counted until

the Department of State has approved the voter registration

application.

(4) The qualified elector shall be notified in writing

by the Department of State as to the approval or denial of a

voter registration application.

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§ 1325.2. Commonwealth agencies and other entities.

(a) Administration.--The secretary shall administer a system

whereby each individual submitting an employment or program

application shall provide for simultaneous voter registration in

conjunction with an employment or program application filed with

the agency or entity.

(b) Procedure.--The secretary shall prescribe a procedure

and schedule by which each entity under this section shall

provide to the department electronic records containing the

legal name, age, residence and citizenship information for, and

the electronic signature of, each individual who has certified

that the individual is a citizen of the United States, subject

to penalties under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities), and any other information

required under this chapter.

information shall not affect the validity of an employment or

program application, consideration of the application or

eligibility for any financial assistance, compensation, benefit

or service available, offered or to which the person is entitled

under any program.

(d) Staff.--

(1) Agency or entity employees collecting voter

registration information under this section shall conduct

themselves in a manner consistent with the following

principles:

(i) The employee may not seek to influence an

applicant's political preference or party registration or

display political preference or party allegiance.

(ii) The employee may not make any statement to an

20170HB1465PN1870 - 19 -

applicant or take any action the purpose of or effect of

which is to discourage the applicant from providing voter

registration information.

(iii) The employee may not make any statement to an

applicant or take any action the purpose of or effect of

which is to lead the applicant to believe that refusing

to provide voter registration information has any bearing

on the application, including its consideration, the

likelihood of employment or, in the case of an

application to a State-owned or State-related university,

acceptance, or the availability of services or benefits.

(2) Agency or entity employees who violate this

subsection, who fail to collect the information required

under subsection (a)(1) or fail to forward the information to

the department shall be removed from employment, except that

the agency or entity at its discretion may impose a penalty

of suspension without pay for at least 30 days, but not more

than 120 days, if it finds that the violation does not

warrant termination.

(e) Encouraging registration.--Agencies and entities subject

to this section must provide reasonable space for nonpartisan

signs or posters advising individuals of automatic voter

registration. The signs and posters shall be provided by the

secretary.

(f) Transmission.--The following shall apply:

(1) Agencies and entities subject to this section shall

forward the electronic registration record of individuals who

certify that the individual is a citizen of the United

States, subject to penalties under 18 Pa.C.S. § 4904,

containing the information set forth in subsection (a)(1) to

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the secretary as prescribed by section 1201(2) (relating to

departmental responsibilities).

(2) Upon receipt, the department shall transmit the

material to the appropriate commission.

(3) Upon receipt of the electronic record from the

department, the commission shall notify the individual of the

process to:

(i) Decline being registered as a voter.

(ii) Adopt a political party affiliation, along with

information as to which elections require a political

party affiliation for participation.

(4) The individual's electronic record and electronic

signature submitted under paragraph (1) shall constitute a

completed voter registration card for purposes of this

chapter. The person shall be registered to vote if the

individual is eligible to vote under the laws of this

Commonwealth and is not already registered to vote.

(5) An individual notified under paragraph (3) who does

not decline to be registered as an elector within 21 calendar

days after the commission issues the notification and does

not adopt a political party affiliation shall be required to

adopt a political party affiliation prior to voting at the

next primary election at which the individual exercises the

right to vote. If no such political affiliation is adopted,

an individual shall be permitted to vote at the next election

that does not require a political party affiliation to

participate.

(6) A commission may not send a ballot to, or add to an

elector registration list, an individual who does not have a

completed voter registration under paragraph (4).

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(g) Confidentiality.--The identity of any agency or entity

through which any particular voter is registered in accordance

with this section shall not be disclosed to the public.

(h) Use of information.--No information relating to voter

registration collected by agencies or entities, including, but

not limited to, an individual's citizenship status under this

section or information relating to an individual's election to

decline to register as a voter may be used for any purpose other

than voter registration.

(i) Regulation.--The secretary shall promulgate regulations

regarding the maintenance and destruction of forms used under

this section.

Section 4. Sections 1326(b) and (c), 1327, 1328(b) and (c)

and 1501 are amended to read:

§ 1326. Time.

* * *

(b) Deadlines.--In the administration of voter registration,

each commission shall ensure that any applicant who is a

qualified elector is registered to vote in an election when the

applicant has met any of the following conditions:

(1) In the case of voter registration with a motor

vehicle driver's license application under section 1323

(relating to [application] automatic registration with

driver's license application), if the valid application or

electronic voter registration application is submitted to the

appropriate Department of Transportation office or received

by the department not later than 30 days before the date of

the election.

(2) In the case of registration by mail under section

1324 (relating to application by mail), if the valid voter

20170HB1465PN1870 - 22 -

registration mail application is postmarked not later than

the deadline to register for the ensuing election or, in the

case of an illegible or missing postmark, it is received not

later than five days after the deadline to register for the

ensuing election.

(3) In the case of voter registration at a voter

registration agency under section 1325 (relating to

government agencies) or 1325.2 (relating to Commonwealth

agencies or other entities), if the valid voter registration

application is accepted at the voter registration agency or

electronic voter registration record is received by the

department not later than 30 days before the date of the

election.

(3.1) In the case of same day voter registration if the

valid voter registration application of the applicant is

accepted in the appropriate electoral district by the

presiding judge of elections.

(4) In any other case, if the valid voter registration

application of the applicant is received by the appropriate

commission not later than 30 days before the election.

(1) In the case of a special election within a

congressional, senatorial or representative district held on

a day other than the day of a primary, general or municipal

election, the registration application forms and electronic

records shall not be processed in the wards and election

districts comprising the district for the [30] five days

prior to the special election for such election.

(2) No applications shall be received as follows:

(i) On Sundays.

20170HB1465PN1870 - 23 -

(ii) On holidays.

(iii) On the day of the election.

(iv) During the [30] five days next preceding each

general, municipal and primary election except as

provided in subsection (b).

§ 1327. Preparation and distribution of applications.

(a) Form.--

(1) The secretary shall prescribe the form of an

official voter registration application. The official voter

registration application shall provide space for the

following information about the applicant:

(i) Full name.

(ii) Address of residence. If the residence is a

portion only of the house, the location or number of the

room, apartment or floor which is occupied.

(iii) Mailing address if different than address of

residence.

(iv) Name and residence address on previous

registration and the year of that registration.

(v) Designation of political party, for the purpose

of voting at a primary election.

(vi) Date of birth.

(vii) Telephone number. An application shall not be

rejected because of noncompliance with this subparagraph.

(viii) Race. An application shall not be rejected

because of noncompliance with this subparagraph.

(2) Data required on the voter registration application

shall not be more nor less than the minimum data elements

permissible for Federal voter registration.

(3) Any person who assists in the completion of the

20170HB1465PN1870 - 24 -

registration application shall sign the application and

indicate the person's address. In the case of those

[registering] automatically registered electronically under

[sections] section 1323 (relating to [application] automatic

registration with driver's license application) [and], 1325

(relating to government agencies) or 1325.2 (relating to

Commonwealth agencies and other entities), the person

providing assistance shall insert the person's initials or

employee or agent identification number on a separate or

detachable portion of the application or the computer data

file.

(4) A voter registration application shall be printed on

stock of good quality and shall be of suitable uniform size.

Nothing in this part shall prohibit the design and use of an

electronic voter registration application which includes the

applicant's digitized or electronic signature. The

registration application shall contain the following

information; however, the information may be provided on a

separate form for automatic voter registration made under

section 1323 [or], 1325 or 1325.2:

(i) Notice that a registered elector does not need

to reregister unless the registered elector has moved.

(ii) Instructions on how to fill out and submit the

application and notification of when the application must

be submitted to a voter registration office in order to

be registered for the ensuing election.

(iii) Notice that the applicant must be a citizen of

the United States for at least one month prior to the

next election and a resident of this Commonwealth and the

election district for at least 30 days and must be at

20170HB1465PN1870 - 25 -

least 18 years of age by the day of the next ensuing

election [and has not been confined in a penal

institution for a conviction of a felony within the last

five years]. The notice required in this subparagraph

shall be in print identical to the declaration under

subsection (b).

(iv) Notice that political party enrollment is

mandatory to vote in a primary election of a political

party.

(v) [Notice] For a paper application, notice that

the commission will mail by nonforwardable mail to the

applicant a voter's identification card upon acceptance

of the application and that the applicant should contact

the commission if the identification card is not received

within 14 days from the date the application is sent to

the registration office.

(v.1) For automatic registration under section 1323,

1325 or 1325.2, notice that the commission will notify

the individual of the registration and that if the

individual does not decline to be registered as an

elector within 21 calendar days after the commission

issues the notification, the individual's electronic

record and electronic signature submitted under paragraph

(1) shall constitute a completed voter registration card

for purposes of this chapter.

(vi) Notice that registration is not complete until

the application is processed and accepted by the

commission.

(vii) A warning to the applicant that making a false

registration or furnishing false information is perjury.

20170HB1465PN1870 - 26 -

The notice required in this subparagraph shall be in

print identical to the declaration under subsection (b).

(viii) Instructions to Federal or State employees

who wish to retain voting residence in county of last

residence to so indicate on the application.

(ix) Notice that, if an individual declines to

declined to register will remain confidential and will be

used only for voter registration purposes. The notice

required in this subparagraph shall be in print identical

to the declaration under subsection (b).

(x) Notice that, if an individual does register to

vote, the office at which the individual submits a voter

registration application or was automatically registered

will remain confidential and will be used for voter

registration purposes only. The notices required in this

subparagraph shall be in print identical to the

declaration in subsection (b).

(5) In jurisdictions where there is a single language

minority, the secretary may print a bilingual application.

(6) In jurisdictions where a single language minority

exceeds [5%] 3% of the population, the secretary shall:

(i) print [a bilingual application] voting notices,

forms, instructions, assistance and ballots in both

English and the minority languages; and

(ii) conduct a public educational program among that

language group alerting both organizations and

individuals of that group of the availability of the

bilingual application and encouraging individuals to

20170HB1465PN1870 - 27 -

In jurisdictions where interested citizens or organizations

provide the secretary with information that gives the

secretary sufficient reason to believe a substantial need

exists for language assistance for voting the secretary shall

provide it.

(7) To implement section 1324 (relating to application

by mail), the secretary shall print an official voter

registration mail application designed to preserve the

confidentiality of the information required to be submitted.

The application shall contain information required by this

section and shall include the name of each county seat, its

post office mailing address and zip code and its telephone

number. Voter registration mail applications shall contain

information indicating whether the application is a new

registration, change of party enrollment, change of address

or change of name.

(8) Nothing in this part shall prohibit a private

organization or individual from printing blank voter

registration applications or shall prohibit the use of such

applications by any other individual, provided that the form,

content and paper quality of such voter registration

application complies with department regulations for the

forms or has received prior approval from the secretary.

(b) Registration declaration.--

(1) The official voter registration application shall

contain a registration declaration. On the declaration, the

applicant shall state all of the following:

(i) The applicant has been a citizen of the United

States for at least one month prior to the next election.

(ii) On the day of the next ensuing election, the

20170HB1465PN1870 - 28 -

applicant shall be at least 18 years of age.

(iii) On the day of the next ensuing election, the

applicant shall have resided in this Commonwealth and in

the election district for at least 30 days.

[(iv) The applicant has not been confined in a penal

institution for a conviction of a felony within the last

five years.]

(v) The applicant is legally qualified to vote.

(2) The applicant shall affirm all of the following:

(i) The information provided in the registration

declaration is true.

(ii) The applicant understands that:

(A) the registration declaration will be

accepted for all purposes as the equivalent of an

affidavit; and

(B) if the registration contains a material

false statement, the applicant shall be subject to

penalties for perjury.

(3) The registration declaration shall contain the

printed name and signature of the applicant and the date of

signing. An applicant unable to sign the voter registration

application shall make a mark before a person of the

applicant's choice other than the applicant's employer or an

agent of the applicant's union. The person shall insert the

person's name, address and telephone number. If the person is

an employee or agent of the Department of Transportation or

another agency as provided under section 1325 and is

assisting the applicant in an official capacity, the employee

or agent shall insert the initials and identification number

of the employee or agent. In the case of applicants

20170HB1465PN1870 - 29 -

registering under section 1323 or 1325, the person providing

assistance shall insert initials or employee or agent

identification number on [a separate or detachable portion of

the application or] the computer data file.

(4) The official registration application shall contain

a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The

notice shall advise the applicant that if a person signs an

official registration application knowing a statement

declared in the application to be false, the person commits

perjury. The notice shall specify the penalty for perjury.

(1) The secretary shall supply official registration

applications to commissions.

(2) The secretary shall make available for distribution

official voter registration applications to public libraries,

public schools, State-related institutions of higher

education, offices operated by the Department of Revenue,

offices operated by the Department of Aging, area agencies on

aging, offices operated by the Pennsylvania Game Commission

or any of its authorized license-issuing agents, offices

operated by the Pennsylvania Fish and Boat Commission or any

of its issuing agents, and offices that provide unemployment

compensation.

(3) Each participating agency identified under paragraph

(2) shall:

(i) Provide that official voter registration mail

applications are available on the premises and displayed

prominently in a conspicuous location during normal

business hours.

(ii) Provide an official voter registration mail

20170HB1465PN1870 - 30 -

application to any individual requesting one.

(iii) Provide reasonable space for nonpartisan signs

or posters indicating the availability of official voter

registration mail applications on the premises.

(4) The secretary may provide technical assistance to

commissions upon request and agencies designated under

paragraph (2).

(5) The secretary shall print and distribute mail

registration applications which are not postage paid and

which shall not be specific to any county registration

office. Along with the distribution of such applications, the

secretary shall also include instructions to inform the

applicant where the application is to be sent.

(6) The secretary and commissions shall supply

applications to all of the following:

(i) Persons and organizations who request

applications.

(ii) Federal, State and political subdivision

offices.

(iii) Political parties and political bodies.

(iv) Candidates.

(7) The secretary shall print and distribute same day

voter registration applications to all polling places

throughout this Commonwealth. Along with the distribution of

such applications, the secretary shall also include

instructions to inform the applicant of the same day voter

registration application process, the process for counting

the applicant's vote and verifying the applicant's

eligibility.

(d) Staff.--Agency employees assisting in the distribution

20170HB1465PN1870 - 31 -

of voter registration applications under subsection (c) shall

conduct themselves in a manner consistent with the following

principles:

(1) They shall not seek to influence an applicant's

political preference or party registration or display

political preference or party allegiance.

(2) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to

discourage the applicant from registering to vote.

(3) They shall not make any statement to an applicant or

take any action the purpose of or effect of which is to lead

the applicant to believe that a decision to register or not

to register has any bearing on the availability of services

or benefits.

Agency employees who violate this subsection shall be removed

from employment, provided that the agency at its discretion may

impose a penalty of suspension without pay for at least 30 days,

but not more than 120 days, if it finds that the violation does

not warrant termination.

§ 1328. Approval of registration applications.

* * *

(b) Decision.--A commission shall do one of the following:

(1) Record and forward a voter registration application

to the proper commission if the commission finds during its

examination under subsection (a) that the applicant does not

reside within the commission's county but resides elsewhere

in this Commonwealth.

(2) Reject a voter registration application[,] or an

electronic voter registration record transferred under

section 1323 (relating to automatic registration with

20170HB1465PN1870 - 32 -

driver's license application), 1325 (relating to government

agencies) or 1325.2 (relating to Commonwealth agencies and

other entities), indicate the rejection and the reasons for

the rejection on the application or electronic voter

registration record and notify the applicant by first class

nonforwardable mail, return postage guaranteed of the

rejection and the reason if the commission finds during its

examination under subsection (a) any of the following:

(i) The application or electronic registration was

not properly completed and, after reasonable efforts by

the commission to ascertain the necessary information,

the application or electronic registration remains

incomplete or inconsistent.

(ii) The applicant is not a qualified elector.

(iii) The applicant is not entitled to a transfer of

registration or a change of address.

(iv) The applicant is not legally qualified for a

change of name.

A rejection shall be made no later than ten days before the

election succeeding the filing of the application.

(3) Process a voter registration application or

electronic registration in accordance with subsection (c) if

the commission finds during its examination under subsection

(a) all of the following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(4) Process a voter registration application or

20170HB1465PN1870 - 33 -

electronic registration in accordance with subsection (c) and

update its registration records if the commission finds

during its examination under subsection (a) all of the

following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of the county.

(5) Process a voter registration application or

electronic registration in accordance with subsection (c) and

request transfer of registration records in accordance with

subsection (d) if the commission finds during its examination

under subsection (a) all of the following:

(i) The application or electronic registration

requests registration.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(6) Process a voter registration application or

electronic registration in accordance with subsection (c) and

request transfer of registration records in accordance with

subsection (d) if the commission finds during its examination

under subsection (a) all of the following:

(i) The application or electronic registration

requests a transfer of registration.

20170HB1465PN1870 - 34 -

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of another county.

(7) Process a voter registration application or

electronic registration in accordance with subsection (c) and

update its registration if the commission finds during its

examination under subsection (a) all of the following:

(i) The application or electronic registration

requests a change of address.

(ii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iii) The applicant is currently a registered

elector of the county.

(8) Process a voter registration application or

electronic registration in accordance with subsection (c) and

update its registration records if the commission finds

during its examination under subsection (a) all of the

following:

(i) The application or electronic registration

requests a change of name.

(ii) The applicant is legally qualified to a change

of name.

(iii) The application or electronic registration

contains the required information indicating that the

applicant is a qualified elector of the county.

(iv) The applicant is currently a registered elector

of the county.

20170HB1465PN1870 - 35 -

(9) Voters shall be able to track the status of their

registration online via a secure publicly accessible Internet

website.

(1) When a commission has accepted a voter registration

application or electronic registration under subsection (b)

(3), the commission shall assign each applicant a unique

identification number in the SURE system. [The] Except as

provided in section 1323(c)(3.1), 1325(f)(4) or 1325.2(f)(4),

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 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

20170HB1465PN1870 - 36 -

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

except as provided in section 1323(c)(3.1), 1325(f)(4) or

1325.2(f)(4), 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.

(3) An envelope containing a voter identification card

shall be marked on the outside with a request to the

postmaster to return it within five days if it cannot be

delivered to the addressee at the address given.

(4) (i) If an envelope containing a voter

identification card has been mailed in accordance with

paragraphs (1) and (3) and has not been returned to the

commission by the postmaster within ten days from the

20170HB1465PN1870 - 37 -

date it was mailed, the individual shall be deemed a

registered elector of the county and the commission shall

enter the individual's registration information in the

general register. The unique identification number shall

be entered as the registered elector's SURE registration

number. No person shall be deemed a registered elector of

the county until ten days after the voter identification

card has been mailed.

(ii) If an envelope containing a voter

identification card has been mailed in accordance with

paragraphs (2) and (3) and has not been returned to the

commission by the postmaster within ten days from the

date it was mailed, the individual shall be deemed a

registered elector of the county and the commission shall

enter the individual's registration information in the

general register. No person shall be deemed a registered

elector of the county until ten days after the voter

identification card has been mailed.

(5) If an envelope containing a voter identification

card is returned by the postmaster because the envelope is

undeliverable at the given address, the commission shall

investigate. If the commission finds that the individual is

not qualified to register from the address, the commission

shall reject the application and shall notify the individual

by first class forwardable mail of this action.

* * *

§ 1501. Removal notices.

(a) Form.--

(1) A commission shall make removal notices available to

electors who are registered in the county.

20170HB1465PN1870 - 38 -

(2) The notice shall be printed upon cards suitable for

mailing, addressed to the office of the commission. The

notice shall provide the following information:

(i) The address of present residence, including

municipality.

(ii) The address of last registration, including

municipality.

(iii) Date of removal to present residence.

(iv) Signature.

[(3) The notice shall contain a statement that the

registered elector may, by filling out properly and signing a

removal notice and returning it to the office of the

commission, secure the transfer of registration effective as

to elections at least 30 days after the date of removal into

the new district.

(4) The notice shall contain a warning to the registered

elector that the notice will not be accepted as an

application for transfer of the elector's registration unless

the signature thereon can be identified by the commission as

the elector's signature as it appears on file with the

commission.

(5) The notice shall contain a warning to the registered

elector that the notice must be received by the commission

not later than 30 days before an election. If mailed, the

notice must be postmarked not later than the deadline for

registration or, in the case of an illegible or missing

postmark, received within five days of the close of

registration.]

(6) A person who has changed the person's permanent

place of residence within this Commonwealth, but who has not

20170HB1465PN1870 - 39 -

transferred voter registration to the new address, shall be

permitted to vote a regular ballot at the polling place for

the person's new address on the day of the election,

including any days established for early voting, under

paragraph (7).

(7) An elector who moves from the precinct in which the

elector is registered shall be permitted to change the

elector's place of residence and vote by regular ballot in

the precinct to which the elector has moved if the elector

completes an affirmation in substantially the following form:

Change of Legal Residence

of Registered Voter

Under penalties for false swearing, I, ..................

(name of voter) swear (or affirm) that the former address

of my legal residence was ...............................

........................................................

(address of legal residence) in the municipality of

........................................... in

........................................ County,

Pennsylvania, and I was registered to vote at this

address; that I have not voted in the precinct of my

former registration in this election; that now I reside

at the following address:

(i) Address .......................................

...................................................

(ii) Municipality .................................

(iii) County ......................................

(iv) Pennsylvania Zip Code ........................

(v) I further swear (or affirm) that I am otherwise

legally registered, eligible and entitled to vote

20170HB1465PN1870 - 40 -

...................................................

(Signature of voter whose address of legal residence

has changed)

(8) An elector whose name is changed from that on the

elector's voter registration, because of marriage or other

legal process, shall be permitted to vote under the elector's

new name, provided such elector completes an affirmation in

substantially the following form:

Change of Name

of Registered Voter

Under penalties for false swearing, I, ..................

(new name of voter) swear (or affirm) that my name has

been changed because of marriage or other legal process.

My former name and address of legal residence appear on

the registration records as follows:

(i) Name ..........................................

(ii) Address ......................................

...................................................

(iii) Municipality ................................

(iv) County .......................................

(v) Pennsylvania Zip Code .........................

(vi) My present name and address of legal residence

are as follows:

(vii) Name ........................................

(viii) Address ....................................

...................................................

(ix) Municipality .................................

(x) County ........................................

(xi) Pennsylvania Zip Code ........................

(xii) And I further swear (or affirm) that I am

20170HB1465PN1870 - 41 -

otherwise legally registered and entitled to vote

...................................................

(Signature of voter whose name has changed)

(9) The affirmation, when completed and presented at the

precinct in which the elector is entitled to vote, upon

verification that the elector is a registered voter in this

Commonwealth, shall entitle the elector to vote a regular

ballot as provided in this subsection. If the elector's

registration record cannot be located in the State database,

the elector shall be entitled to vote a provisional ballot,

subject to the requirement and procedures in section 1210(a)

of the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code. Upon receipt of an affirmation or

application certifying a change in address of legal residence

or name, the director of the county board of elections shall,

as soon as practicable, make the necessary changes in the

SURE system to indicate the change in address of legal

residence and name of the elector.

(10) The secretary shall ensure that each precinct shall

have access to the SURE system to determine an elector's

eligibility to vote in accordance with this section. If

access to the Statewide database is unavailable at each

precinct on the effective date of this paragraph, the

secretary shall, within 90 days of the effective date,

present the General Assembly with a plan to comply with this

provision within 12 months of the effective date. During such

period as a precinct does not have access to the Statewide

voter registration system, voters will be still be offered

the opportunity to update any new voter information in

accordance with this section.

20170HB1465PN1870 - 42 -

[(b) Use.--A registered elector who removes residence from

one place to another within the same county must notify the

commission by filing a removal notice under subsection (a) or a

signed request for renewal that contains the information

required in subsection (a) with the commission not later than

the registration deadline before an election. If mailed, the

notice or request must be postmarked not later than the deadline

for registration or, in the case of an illegible or missing

postmark, received within five days of the close of

registration. The following apply:

(1) An official registration application of an elector

who has registered by mail qualifies as a removal notice.

(2) A registered elector who removes residence from one

place to another within the same county and who has not yet

filed a removal notice with the commission shall be permitted

to vote once at the elector's former polling place following

removal if, at the time of signing the voter's certificate,

the elector files with the judge of election a signed removal

notice properly filled out. Removal notices under this

paragraph shall be returned to the commission with the voting

check list, and the commission shall proceed to transfer the

registration of the elector under section 1502 (relating to

transfer of registration) and shall promptly update

information contained in its registration records. A

registered elector may vote in the election district of the

elector's former residence not more than one time following

the elector's removal.

(3) A registered elector who removes residence from one

county to another county and who is not registered to vote in

the new county of residence shall be permitted to vote in the

20170HB1465PN1870 - 43 -

election district in the former county of residence if, at

the time of signing the elector's certificate, the elector

files with the judge of election a signed affirmation

declaring the elector's new residence. A registered elector

may vote in the election district of the elector's former

residence not more than one time following the elector's

removal. Affirmations made under this paragraph shall be

returned to the commission of the elector's former county of

residence with the voting checklist, and that commission

shall proceed to transfer the registration of the elector

under section 1502. Upon receipt of the transfer notice, the

commission of the elector's new county of residence shall

immediately process the transfer of the elector in accordance

with section 1328 (relating to approval of registration

applications). Both commissions shall promptly update

information contained in their registration records.]

in subsection (a)(4) or (5), an elector may complete a voter

registration application that indicates the change of name or

change of address of legal residence.

Section 5. Title 25 is amended by adding a section to read:

§ 1515. Effect of inmates being released from correctional

facilities.

(a) Duty of Department of Corrections.--The Department of

Corrections shall, within 14 days of the release of an inmate

from incarceration in a State correctional institution, send the

name and address of residence of that individual to the county

board of elections in the inmate's county of residence in a

manner and on a form prescribed by the department. The county

board of elections shall promptly update information contained

20170HB1465PN1870 - 44 -

in its registration records.

(b) Duty of county officials.--The warden or supervisor of a

county jail or prison shall, within 14 days of the release of an

individual from incarceration in the county jail or prison, send

the name and address of residence of that individual to the

county board of elections in a manner and on a form prescribed

by the county. The county board of elections shall promptly

update information contained in its registration records.

Section 6. Section 3302(a) of Title 25 is amended and the

section is amended by adding subsections to read:

§ 3302. Application for absentee ballots.

(a) General rule.--Notwithstanding the provisions of Part IV

(relating to voter registration) or the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

[the following persons] any qualified elector may make

application for an absentee ballot by sending a letter or other

signed document to or by appearing in person in accordance with

subsection (e) at the county board of elections in the county in

which the person's voting address is located[:]. The period for

casting an absentee ballot shall begin on the 30th day before

any regularly scheduled primary or general election or any

special election. All completed ballots must be received by 5

p.m. on the Friday before the primary, general or special

election. The period for requesting an absentee ballot

application shall begin 180 days before the election.

[(1) A registered elector who is unable to attend the

polling place on the day of any primary or election because

of illness or physical disability.

(2) A registered elector who expects to be absent from

this Commonwealth or the municipality of residence because

20170HB1465PN1870 - 45 -

duties, occupation or business require the elector to be

elsewhere the day of any primary or election.

(3) A county employee who cannot vote due to duties

relating to the conduct of elections.

(4) A person who will not attend a polling place because

of an observance of a religious holiday.]

* * *

(e) In-person appearance.--Any qualified elector who appears

during normal business hours at a county board of elections in

the county in which the person's voting address is located shall

be permitted to, at that time, apply for an absentee ballot,

complete the application, submit the application, receive and

complete the ballot and cast the ballot, subject to review and

approval of the application in accordance with law.

(f) Reason for requesting absentee ballot.--No qualified

elector who submits an application for an absentee ballot may be

required to state the reason for the absentee ballot.

(g) Online information.--The Secretary of State shall

provide a secure publicly accessible Internet website through

which voters can track their absentee ballot. Voters shall be

able to see online:

(1) When the application for a ballot is received by the

board of elections.

(2) Whether the application was rejected and, if so,

why.

(3) The status of a ballot being mailed.

(4) The receipt of the filled-out ballot by the board.

(5) The status of whether the ballot was counted.

(h) Permanent absentee voter status.--

(1) Any voter may request permanent absentee voter

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status by requesting that status on an absentee ballot

application.

(2) Election officials shall record the voter's

permanent absentee voter status.

(3) A voter shall retain the status until the voter

submits a signed request to the board of elections requesting

cancellation of permanent absentee voter status.

(4) If a voter has permanent absentee status, an

absentee ballot shall be mailed on the first day of the

absentee voting period.

Section 7. Title 25 is amended by adding a section to read:

§ 3303. Early voting.

(a) Establishment.--The Secretary of State shall allow

electors to vote early at the county board of elections office

and additional sites as designated by the county board of

elections.

(b) Sites.--The Secretary of State may designate any city

hall or permanent public library facility as early voting sites.

If designated, the sites must be geographically located to

provide voters in the county an equal opportunity to cast a

ballot, as is practicable.

early voting may not be made before the close of the polls on

election day. Early voting results shall be reported in the same

manner as votes cast on election day.

(d) Designation of sites.--The Secretary of State shall

designate each early voting site by no later than the 30th day

prior to an election and each local elections board shall

undertake steps to inform the public about early voting and the

locations of early voting centers in each county.

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(e) Opening and closing.--Voting sites shall be open on the

same days for the same amount of time and shall allow any person

in line at the closing of an early voting site to vote. Early

voting sites shall open no sooner than 7 a.m. and close no later

than 8 p.m. on each applicable day.

(f) Duration.--Early voting shall begin on the 15th day

before an election and end at 6 p.m. on the Sunday before an

election. For a special election, early voting shall begin on

the eighth day before an election and end on the second day

before an election. Early voting shall be provided for 10 hours

per weekday and eight hours on each Saturday and Sunday at each

site during the applicable periods.

(g) Municipalities.--Municipalities may provide early voting

in municipal elections that are not held in conjunction with

county or State elections. If a municipality provides early

voting, it may designate as many sites as necessary and shall

conduct its activities in accordance with the provisions of

subsections (a), (b), (c), (d) and (e).

(h) Early voting period.--

(1) During early voting periods, each judge of elections

shall make available the names of voters and total number of

voters casting a ballot at each early voting location during

the previous day. The information shall be updated and made

available no later than 12 noon of each day and shall be

contemporaneously provided to the Department of State. The

ballot of each elector voting early shall be counted even if

the elector dies on or before election day.

(2) A list of voters who voted early shall be a matter

of public record.

(i) Early voting voter certificate.--The elector must

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provide identification and must complete an early voting voter

certificate in substantially the following form:

EARLY VOTING VOTER CERTIFICATE

I,......., am a qualified elector in this election and

registered voter of ................ County, Pennsylvania. I do

solemnly swear or affirm that I am the person listed on the

voter registration rolls of ................ County and that I

reside at the listed address. I understand that if I vote

unlawfully or attempt to vote unlawfully, I could be convicted

of a misdemeanor of the first degree and shall, upon conviction,

be sentenced to pay a fine not exceeding $10,000 and to

imprisonment for not more than five years. I understand that my

failure to sign this certificate invalidates my ballot.

(Voter's Signature) .................................

(Address) ...........................................

(City/State) ........................................

(j) Challenges.--A challenged voter shall vote a provisional

ballot. The judge of elections and the minority and majority

inspectors shall review the ballot and decide the validity of

the ballot by majority vote.

(k) Returns.--The canvass of returns for ballots cast under

this section shall be substantially the same as votes cast by

qualified electors in election districts.

Section 8. Title 25 is amended by adding a chapter to read:

CHAPTER 37

VOTER EDUCATION

Sec.

3701. Definitions.

3702. Notice of enacted changes to law.

3703. Voter education plan.

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§ 3701. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Demographic group." Each group which section 2 of the

Voting Rights Act of 1965 (Public Law 89-110, 52 U.S.C. § 10301

et seq.), protects from the denial or abridgment of the right to

vote on account of race or color, or in contravention of the

guarantees set forth in section 4(f)(2) of that act.

§ 3702. Notice of enacted changes to law.

(a) Duty to provide notice.--

(1) If the Commonwealth or a political subdivision of

the Commonwealth makes a change in a prerequisite to voting

or standard, practice or procedure affecting voting in an

election that will result in the prerequisite, standard,

practice or procedure being different from the prior

election, the Commonwealth or political subdivision shall

provide reasonable public notice in the Commonwealth or

political subdivision and on the Internet in a reasonably

convenient and accessible format.

(2) The notice shall contain a concise description of

the change, including the difference between the changed

prerequisite, standard, practice or procedure and the

prerequisite, standard, practice or procedure that was

previously in effect.

(3) The Commonwealth or political subdivision shall

provide the public notice required under paragraph (1) not

later than 48 hours after making the change involved. If the

change occurs fewer than 48 hours before the date of the

election, public notice shall be made as soon as practicable

20170HB1465PN1870 - 50 -

after the change occurs.

(b) Types of changes.--The types of changes that require

public notice include changes in:

(1) Polling place names, numbers, locations or changes

affecting out-of-precinct voting.

(2) Resources assigned to each polling place, including

number of voting machines, number of volunteer workers and

number of paid workers.

(3) Days and hours of voting, including access to

evening and weekend voting.

(4) Voter identification or verification requirements at

the polls.

(5) Changes to voter registration or verification

requirements, including the ability to register and update

registration at the polls.

(6) Voter challenge procedures.

(7) Absentee and provisional ballot procedures.

(8) Voter assistance rules and procedures.

(9) Changes to the method of election to add seats

elected at-large or to change one or more seats elected by

single-member seats.

(10) Reductions in the kind or type of voting materials

that are provided in a language other than English or changes

to the manner in which such materials are provided or

distributed.

(11) Any changes to the boundaries of a jurisdiction

that reduces by three or more percentage points the

proportion of the jurisdiction's voting-age population that

is comprised of members of a single racial or language

minority group in the jurisdiction.

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(12) Changes to list maintenance requirements or

procedures.

(1) Not later than 10 days after making any change in

the constituency that will participate in an election for

Federal, State or local office or the boundaries of an

electoral district in an election for Federal, State or local

office, including redistricting, reapportionment or changing

from at-large elections to district-based elections, the

Commonwealth or political subdivision shall provide

reasonable public notice of the demographic and electoral

data for each of the geographic areas.

(2) The geographic areas shall consist of:

(i) The Commonwealth as a whole, if the change

applies Statewide, or the political subdivision as a

whole, if the change applies across the entire political

subdivision.

(ii) If the change includes a plan to replace or

eliminate voting units or electoral districts, each

voting unit or electoral district that will be replaced

or eliminated.

(iii) If the change includes a plan to establish new

voting units or electoral districts, each such new voting

unit or electoral district.

(3) The demographic and electoral data with respect to a

geographic area shall consist of:

(i) The voting age population, broken down by

demographic group.

(ii) If it is reasonably available to the

Commonwealth or political subdivision involved, an

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estimate of the population of the area that consists of

citizens of the United States who are 18 years of age or

older, itemize by demographic group.

(iii) The number of registered voters, itemized by

demographic group if the itemization is reasonably

available to the Commonwealth or political subdivision.

(iv) The actual number of votes or, if it is not

reasonably practicable for the Commonwealth or political

subdivision to ascertain the actual number of votes, the

estimated number of votes received by each candidate in

each Statewide election and, if the change applies to

only one political subdivision, in each subdivision-wide

election held during the five-year period which ends on

the date the change involved is made.

(4) Compliance with this subsection shall be voluntary

for a political subdivision unless the political subdivision

is one of the following:

(i) A county of any class.

(ii) A governmental unit with a population greater

than 10,000, as determined under the most recent

decennial census.

(iii) A school district with a population greater

than 10,000, as determined under the most recent

decennial census.

(5) The secretary may issue rules specifying a

reasonably convenient and accessible format that the

Commonwealth and political subdivisions shall use to provide

public notice of information under this section.

(d) Construction.--Nothing in this section shall be

construed to deny or abridge the right to vote of any person

20170HB1465PN1870 - 53 -

because the person failed to comply with a change made by the

Commonwealth or political subdivision, if the Commonwealth or

political subdivision involved did not meet the applicable

requirements of this section.

§ 3703. Voter education plan.

(a) Duty of secretary.--The secretary shall, in consultation

with community organizations and local election administrators,

develop and implement a voter education plan for fully educating

the public about a new registration or voting change as

described in section 3702(b) (relating to n otice of enacted

changes to law ).

(b) Multilingual materials.--All materials used in the plan

shall be written in consultation with literacy experts and, in a

political subdivision where a language minority exceeds 3% of

the population, the materials shall be provided in all

applicable languages.

shall include the following:

(1) Mailings to all known citizens.

(2) Educational brochures and fliers to be made

available for dissemination by local elections officials,

community organizations, civic groups, religious

institutions, institutions of higher education and political

parties.

(3) Newspaper, radio and television advertisements,

including ethnic media and outlets with wide public reach.

(4) Social media.

(5) E-mails to voters with known e-mail addresses.

(6) An informational section on the publicly accessible

Internet website of the Department of State, including new

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laws and regulations, copies of the mailers, brochures and

other educational materials. The materials shall be available

to download and provided in the languages as required under

subsection (b).

(d) School preregistration.--With respect to preregistration

in particular, the secretary shall, in consultation with

secondary schools, school boards, parents and local

administrators, develop and implement an education plan

regarding preregistration in schools.

Section 9. This act shall take effect in 60 days.

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