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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CRUZ, YOUNGBLOOD, METCALFE, AUMENT, CUTLER, EVANKOVICH, GABLER, REED, ROAE, SAYLOR AND SWANGER, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 25 (Elections) of the Pennsylvania Consolidated |
2 | Statutes, further providing for approval of registration |
3 | applications, street lists, public information lists and |
4 | applications. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 1328(c) of Title 25 of the Pennsylvania |
8 | Consolidated Statutes is amended and the section is amended by |
9 | adding a subsection to read: |
10 | § 1328. Approval of registration applications. |
11 | * * * |
12 | (c) Processing of voter registration.-- |
13 | (1) When a commission has accepted a voter registration |
14 | application under subsection (b)(3), the commission shall |
15 | assign each applicant a unique identification number in the |
16 | SURE system. The commission shall mail department approved |
17 | instructions on the required photograph for the voter |
18 | registration card, if the registrant has not already |
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1 | submitted a photograph and a temporary wallet-sized voter's |
2 | identification card to the individual by first class |
3 | nonforwardable mail, return postage guaranteed, which shall |
4 | serve as notice of the acceptance of the application. The |
5 | card shall contain all of the following: |
6 | (i) Name and address of the individual. |
7 | (ii) Name of municipality of residence. |
8 | (iii) Identification of the individual's ward and |
9 | district. |
10 | (iv) The effective date of registration. |
11 | (v) Designation of party enrollment and date of |
12 | enrollment. |
13 | (vi) A space for the individual's signature or mark. |
14 | (vii) The unique identification number of the |
15 | individual. |
16 | (viii) A statement that the individual must notify |
17 | the commission within ten days from the date it was |
18 | mailed if any information on the card is incorrect; |
19 | otherwise, the information shall be deemed correct for |
20 | voter registration purposes. |
21 | (2) When a commission has accepted a voter registration |
22 | application under subsection (b)(4), (5), (6), (7) or (8), |
23 | the commission shall mail a wallet-sized voter's |
24 | identification card to the individual by first class |
25 | nonforwardable mail, return postage guaranteed, which shall |
26 | serve as notice of the acceptance of the application. The |
27 | card shall contain all of the following: |
28 | (i) Name and address of the individual. |
29 | (ii) Name of municipality of residence. |
30 | (iii) Identification of the individual's ward and |
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1 | district. |
2 | (iv) The effective date of registration. |
3 | (v) Designation of party enrollment and date of |
4 | enrollment. |
5 | (vi) A space for the individual's signature or mark. |
6 | (vii) The SURE registration number of the |
7 | individual. |
8 | (viii) A statement that the individual must notify |
9 | the commission within ten days from the date it was |
10 | mailed if any information on the card is incorrect; |
11 | otherwise, the information shall be deemed correct for |
12 | voter registration purposes. |
13 | (ix) A high-quality copy of the registrant's |
14 | photograph that is on file from the previous voter |
15 | registration. |
16 | * * * |
17 | (f) Photographic card.-- |
18 | (1) As prescribed in regulations promulgated by the |
19 | department, the registrant shall submit two photographs |
20 | either in person to the county voter registration office or |
21 | through the local department of motor vehicles location. One |
22 | photograph shall be kept on record by the department and one |
23 | photograph shall be incorporated into the voter registration |
24 | card that was received by the registrant. The photograph kept |
25 | on file shall remain confidential and not be accessible to |
26 | the public under the act of February 14, 2008 (P.L.6, No.3), |
27 | known as the Right-to-Know Law, or its successor laws. |
28 | (2) If there is a financial hardship, and in other cases |
29 | as determined by the department, the registrant may obtain |
30 | the two required photographs for free from the Department of |
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1 | of Transportation. |
2 | (3) If a registrant can give the department just cause |
3 | as to why he is unable or cannot provide two photographs, the |
4 | department shall waive the requirement. Just cause shall be |
5 | determined by the department in a case-by-case basis in a |
6 | uniform fashion. If the request to waive the photograph |
7 | requirement is denied, the registrant may appeal by following |
8 | the same procedure set forth in section 1330 (relating to |
9 | appeals). |
10 | (4) The photographic card shall be displayed to verify |
11 | the registrant's identity when signing the register before |
12 | voting. |
13 | (5) The department shall promulgate regulations that |
14 | will ensure the photographs are accurate and provide for |
15 | requiring updated photographs as needed. |
16 | Section 2. Section 1403(a) of Title 25 is amended to read: |
17 | § 1403. Street lists. |
18 | (a) Preparation.--Commencing not later than the 15th day |
19 | prior to each election, each commission shall prepare for each |
20 | election district a list of the names and addresses of all |
21 | registered electors as of that date resident in the district. |
22 | The list may not include the digitized or electronic signature |
23 | of a registered elector. The list may not include any images |
24 | based on or derived from the photographs kept on file under |
25 | section 1328(f) (relating to approval of registration |
26 | applications). The list shall be arranged in one of the |
27 | following manners: |
28 | (1) By streets and house numbers. |
29 | (2) Alphabetically by last name of each registered |
30 | elector. |
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1 | (3) In a manner whereby the location of the elector's |
2 | residence can be identified. |
3 | * * * |
4 | Section 3. Sections 1404 and 1703 of Title 25 are amended by |
5 | adding subsections to read: |
6 | § 1404. Public information lists. |
7 | * * * |
8 | (d) Records of photographs.--The photographs kept on record |
9 | under section 1328(f) (relating to approval of registration |
10 | applications) shall not be considered public records and shall |
11 | not be accessible to the public under the act of February 14, |
12 | 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
13 | § 1703. Application. |
14 | * * * |
15 | (c) Failure to submit a photograph.--The department shall |
16 | promulgate regulations that set forth the time frame for the |
17 | registrant to submit a photograph under section 1328(f) |
18 | (relating to approval of registration applications). If the time |
19 | frame expires before the registrant has submitted a photograph, |
20 | the application will be deemed incomplete. If the expiration |
21 | occurs during an election, the registrant shall be eligible to |
22 | complete a provisional ballot pending the submission of the |
23 | photographs. |
24 | Section 4. The Department of State shall promulgate rules |
25 | and regulations as are necessary to carry out this act. |
26 | Section 5. This act shall take effect as follows: |
27 | (1) Section 4 of this act shall take effect in 60 days. |
28 | (2) This section shall take effect in 60 days. |
29 | (3) The remainder of this act shall take effect in one |
30 | year. |
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