PRIOR PRINTER'S NOS. 627, 1915 PRINTER'S NO. 2008
No. 542 Session of 1991
INTRODUCED BY LEVDANSKY, KUKOVICH, VEON, ROBINSON, PESCI,
JOSEPHS, FREEMAN, FEE, GEORGE, VAN HORNE, STURLA, ROEBUCK,
STABACK, FAJT, KAISER, ARGALL, HERMAN, STISH, SALOOM,
BATTISTO, COHEN, ADOLPH, COY, DALEY, WOZNIAK, DERMODY,
DeLUCA, CARN, HARPER, M. N. WRIGHT, McNALLY, BELARDI,
JOHNSON, GIGLIOTTI, MAIALE, SURRA, MELIO, ITKIN, LAUGHLIN,
TRELLO, BISHOP, TRICH, PISTELLA, THOMAS, BILLOW, EVANS,
RICHARDSON, JAMES, HUGHES AND HANNA, MARCH 12, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 1991
AN ACT
1 Amending the act of March 30, 1937 (P.L.115, No.40), entitled
2 "An act to provide for the permanent personal registration of
3 electors in cities of the first class as a condition of their
4 right to vote at elections and primaries, and their
5 enrollment as members of political parties as a further
6 condition of their right to vote at primaries; prescribing
7 certain procedure for the conduct of elections and primaries
8 and the challenge and proof of qualifications of electors;
9 and prescribing the powers and duties of citizens, parties,
10 bodies of electors, registration commissions, commissioners,
11 registrars, inspectors of registration and other appointees
12 of registration commission, election officers, municipal
13 officers, departments and bureaus, police officers, courts,
14 judges, prothonotaries, sheriffs, county commissioners, peace
15 officers, county treasurers, county controllers, registrars
16 of vital statistics, real estate brokers, rental agents,
17 certain public service companies, persons, firms, and
18 corporations operating vehicles for moving furniture and
19 household goods, and boards of school directors; and imposing
20 penalties," FURTHER PROVIDING FOR MANNER OF REGISTRATION; AND <--
21 providing for voter registration in first class cities in
22 conjunction with motor vehicle driver's license registration.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. The SECTION 20(C) OF THE act of March 30, 1937 <--
2 (P.L.115, No.40), known as The First Class City Permanent
3 Registration Act, is amended by adding a section AMENDED OCTOBER <--
4 4, 1978 (P.L.934, NO.179), IS AMENDED to read:
5 SECTION 20. MANNER OF REGISTRATION.--* * * <--
6 (C) (1) THE SURNAME OF THE APPLICANT; (2) HIS CHRISTIAN
7 NAME OR NAMES; (3) HIS OCCUPATION; (4) THE STREET AND NUMBER OF
8 HIS RESIDENCE; (5) IF HIS RESIDENCE IS A PORTION ONLY OF THE
9 HOUSE, THE LOCATION OR NUMBER OF THE ROOM, APARTMENT, FLAT OR
10 FLOOR WHICH HE OCCUPIES; (6) THE LENGTH OF HIS RESIDENCE IN THE
11 STATE AND DISTRICT, RESPECTIVELY; (7) SUCH INFORMATION RELATING
12 TO THE APPLICANT'S PRIOR REGISTRATION AND VOTING RECORD AS THE
13 COMMISSION SHALL BY REGULATION DEEM IT NECESSARY OR ADVISABLE TO
14 REQUIRE; (8) THE SEX OF THE APPLICANT; (9) THE [COLOR] RACE OF
15 THE APPLICANT INDICATING "WHITE," "BLACK," "AMERICAN INDIAN,"
16 "LATINO," "ASIAN" OR "OTHER"; (10) THE STATE OR TERRITORY OF THE
17 UNITED STATES, OR THE FOREIGN COUNTRY, WHERE HE WAS BORN; (11)
18 THE DATE WHEN, PLACE WHERE, AND THE COURT BY WHICH NATURALIZED,
19 AND NUMBER OF THE NATURALIZATION CERTIFICATE; (12) IF NOT
20 NATURALIZED PERSONALLY, THE NAME OF FATHER, MOTHER OR SPOUSE
21 THROUGH WHOM NATURALIZED; (13) WHETHER HE IS ENTITLED TO RECEIVE
22 ASSISTANCE IN VOTING BECAUSE BY REASON OF ILLITERACY HE IS
23 UNABLE TO READ THE NAMES ON THE BALLOT OR ON THE VOTING MACHINE
24 LABELS, OR BECAUSE HE HAS A PHYSICAL DISABILITY WHICH RENDERS
25 HIM UNABLE TO SEE OR MARK THE BALLOT OR OPERATE THE VOTING
26 MACHINE OR TO ENTER THE VOTING COMPARTMENT OR VOTING MACHINE
27 BOOTH WITHOUT ASSISTANCE, AND, IF SO, HIS DECLARATION OF THAT
28 FACT AND HIS STATEMENT OF THE EXACT NATURE OF SUCH DISABILITY;
29 (14) THE DESIGNATION OF THE POLITICAL PARTY OF THE ELECTOR, FOR
30 THE PURPOSE OF VOTING AT PRIMARIES; (15) THE AFFIDAVIT OF
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1 REGISTRATION, WHICH SHALL BE SIGNED BY THE ELECTOR, ATTESTED BY
2 THE SIGNATURE OF THE REGISTRAR, COMMISSIONER, CLERK OR EMPLOYE
3 AND DATED BY HIM; (16) HIS HEIGHT, IN FEET AND INCHES; (17) THE
4 COLOR OF HIS HAIR; (18) THE COLOR OF HIS EYES; AND (19) THE DATE
5 OF HIS BIRTH OR, UNLESS HE CLAIMS TO HAVE BEEN NATURALIZED
6 THROUGH EITHER HIS FATHER OR MOTHER, OR UNLESS SUCH DATE IS
7 OTHERWISE MATERIAL IN THE DETERMINATION OF CITIZENSHIP, A
8 STATEMENT THAT HE HAS ATTAINED HIS MAJORITY; (20) IF AN
9 APPLICANT CLAIMS NATURALIZATION THROUGH HIS MARRIAGE TO A
10 CITIZEN, THE DATE AND PLACE OF MARRIAGE. EACH REGISTRATION CARD
11 SHALL ALSO HAVE A SUFFICIENT NUMBER OF SPACES THEREON FOR THE
12 INSERTION OF (21) THE WARD AND ELECTION DISTRICT IN WHICH THE
13 ELECTOR RESIDES AND TO WHICH HE MAY FROM TIME TO TIME REMOVE,
14 TOGETHER WITH HIS STREET ADDRESS IN EACH SUCH DISTRICT, AND THE
15 OTHER DATA REQUIRED TO BE GIVEN UPON SUCH REMOVAL; (22) THE DATE
16 OF EACH ELECTION AND PRIMARY AT WHICH THE ELECTOR VOTES, AND THE
17 NUMBER OF STUB OF BALLOT ISSUED OR NUMBER OF ADMISSION TO VOTING
18 MACHINE, AND PARTY AT PRIMARY; (23) THE SIGNATURE OR INITIALS OF
19 THE ELECTION OFFICER WHO ENTERS THE RECORD OF VOTING ON THE
20 CARD: PROVIDED, HOWEVER, THAT THE COMMISSION MAY TO MORE
21 EFFECTUALLY CARRY OUT THE PROVISIONS OF THIS ACT FROM TIME TO
22 TIME ALTER OR CHANGE THE FORM OF REGISTRATION CARDS, THE ORDER
23 IN WHICH THE INFORMATION SHALL BE RECORDED THEREON AND PROVIDE
24 ADDITIONAL SPACES FOR THE RECORDING OF SUCH OTHER INFORMATION
25 CONCERNING THE IDENTITY OF THE APPLICANT OR NATURALIZATION DATA
26 OF FOREIGN BORN APPLICANTS AS IT MAY DEEM NECESSARY.
27 * * *
28 SECTION 2. SECTION 20.1(B) OF THE ACT, AMENDED JULY 1, 1976
29 (P.L.476, NO.122), IS AMENDED TO READ:
30 SECTION 20.1. MANNER OF REGISTRATION BY PERSONS IN MILITARY
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1 SERVICE, PERSONS IN THE MERCHANT MARINE, PERSONS IN RELIGIOUS
2 AND WELFARE GROUPS OFFICIALLY ATTACHED TO AND SERVING WITH THE
3 ARMED FORCES AND CIVILIAN FEDERAL PERSONNEL OVERSEAS AND THEIR
4 SPOUSES AND DEPENDENTS.--IN ADDITION TO ANY OTHER METHOD HEREIN
5 PROVIDED, THE FOLLOWING PERSONS MAY ALSO BE REGISTERED IN THE
6 MANNER HEREINAFTER SET FORTH UNDER THIS SECTION: (1) ANY PERSON
7 IN MILITARY SERVICE, HIS SPOUSE AND DEPENDENTS; OR (2) ANY
8 PERSON IN THE MERCHANT MARINE, HIS SPOUSE AND DEPENDENTS; OR (3)
9 ANY PERSON IN RELIGIOUS AND WELFARE GROUPS OFFICIALLY ATTACHED
10 TO AND SERVING WITH THE ARMED FORCES, HIS SPOUSE AND DEPENDENTS
11 OR (4) ANY PERSON WHO IS A CIVILIAN EMPLOYE OF THE UNITED STATES
12 OUTSIDE THE TERRITORIAL LIMITS OF THE SEVERAL STATES OF THE
13 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHETHER OR NOT SUCH
14 PERSON IS SUBJECT TO THE CIVIL SERVICE LAWS AND THE
15 CLASSIFICATION ACT OF 1949 AND WHETHER OR NOT PAID FROM FUNDS
16 APPROPRIATED BY THE CONGRESS, HIS SPOUSE AND DEPENDENTS.
17 * * *
18 (B) THE OFFICIAL REGISTRATION APPLICATION CARD SHALL REQUIRE
19 THE STATEMENT OF, AND SHALL PROVIDE SUFFICIENT SPACE FOR THE
20 FOLLOWING INFORMATION: (1) THE SURNAME OF THE APPLICANT, (2) HIS
21 CHRISTIAN NAME OR NAMES, (4) THE STREET OR ROAD AND NUMBER, IF
22 ANY, OF HIS HOME RESIDENCE AND THE DATE OF LEAVING SAME,
23 PROVIDED THAT IN THE EVENT THAT THERE IS NO STREET ADDRESS, THE
24 APPLICANT MUST LIST THE NEAREST CROSS STREET OR ROAD, (5) IF HIS
25 RESIDENCE WAS A PORTION ONLY OF A HOUSE, THE LOCATION OR NUMBER
26 OF THE ROOM OR ROOMS, APARTMENT, FLAT OR FLOOR WHICH HE
27 OCCUPIED, (6) THE DATE HIS RESIDENCE BEGAN AT THE PLACE WHICH IS
28 HIS HOME RESIDENCE, (7) HIS HOME RESIDENCE ADDRESS WHEN HE LAST
29 REGISTERED AND THE YEAR OF SUCH REGISTRATION, INCLUDING ANY
30 FORMER REGISTRATION UNDER ANY OTHER SURNAME, (8) THE SEX OF THE
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1 APPLICANT, (9) THE [COLOR] RACE OF THE APPLICANT INDICATING
2 "WHITE," "BLACK," "AMERICAN INDIAN," "LATINO," "ASIAN" OR
3 "OTHER", (10) THE STATE OR TERRITORY OF THE UNITED STATES OR THE
4 FOREIGN COUNTRY WHERE HE WAS BORN, (13) WHETHER HE IS UNABLE BY
5 REASON OF ILLITERACY TO READ THE NAMES ON THE BALLOT OR VOTING
6 MACHINE LABELS, (14) WHETHER HE HAS A PHYSICAL DISABILITY WHICH
7 WILL RENDER HIM UNABLE TO SEE OR MARK THE BALLOT OR OPERATE THE
8 VOTING MACHINE OR TO ENTER THE VOTING COMPARTMENT OR VOTING
9 MACHINE BOOTH WITHOUT ASSISTANCE, AND, IF SO, HIS DECLARATION OF
10 THAT FACT AND HIS STATEMENT OF THE EXACT NATURE OF SUCH
11 DISABILITY, (15) THE DESIGNATION OF THE POLITICAL PARTY OF THE
12 ELECTOR FOR THE PURPOSE OF VOTING AT PRIMARIES, (16) THE
13 DECLARATION OF REGISTRATION, AS HEREINAFTER PRESCRIBED, WHICH
14 SHALL BE SIGNED BY THE ELECTOR, (17) THE HEIGHT OF THE APPLICANT
15 IN FEET AND INCHES, (18) THE COLOR OF HIS HAIR, (19) THE COLOR
16 OF HIS EYES, (20) THE DATE OF HIS BIRTH, (20.1) THE DESIGNATION
17 BY THE APPLICANT THAT THE OFFICIAL REGISTRATION APPLICATION CARD
18 IS INTENDED BY THE APPLICANT FOR USE AS NEW REGISTRATION, CHANGE
19 OF ADDRESS OR CHANGE OF NAME. EACH REGISTRATION CARD FOR
20 REGISTRATION BY PERSONS REGISTERING UNDER THIS SECTION SHALL
21 ALSO HAVE (21) A SUFFICIENT NUMBER OF SPACES THEREON FOR THE
22 INSERTION BY THE COMMISSION, BUT NOT BY THE APPLICANT, OF THE
23 WARD AND ELECTION DISTRICT, IF ANY, IN WHICH THE APPLICANT
24 RESIDED ON THE DATE OF LEAVING HOME RESIDENCE AND TO WHICH HE
25 MAY FROM TIME TO TIME REMOVE AFTER RETURNING TO HIS HOME
26 RESIDENCE, TOGETHER WITH HIS STREET ADDRESS IN EACH SUCH WARD
27 AND DISTRICT AND THE OTHER DATA REQUIRED TO BE GIVEN UPON SUCH
28 REMOVAL, (22) THE DATE OF EACH ELECTION AND PRIMARY AT WHICH THE
29 APPLICANT VOTES AFTER REGISTRATION, THE NUMBER AND LETTER, IF
30 ANY, OF THE STUB OF THE BALLOT ISSUED TO HIM, OR HIS NUMBER IN
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1 THE ORDER OF ADMISSION TO THE VOTING MACHINES, AND (23) THE
2 SIGNATURE OR INITIALS OF THE ELECTION OFFICER, COMMISSIONER,
3 REGISTRAR OR CLERK, WHO ENTERS THE RECORD OF VOTING ON THE CARD.
4 IMMEDIATELY FOLLOWING THE SPACES FOR INSERTING THE REQUIRED
5 INFORMATION, THE APPLICANT SHALL AFFIX HIS SIGNATURE EXACTLY AS
6 IT APPEARS IN CLAUSES (1) AND (2).
7 * * *
8 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
9 Section 21.1. Motor Vehicle Driver's License Voter
10 Registration Application.--(a) (1) In addition to any other
11 method provided under law, each application for a driver's
12 license, as defined in 75 Pa.C.S. § 102 (relating to
13 definitions), any renewal application and any identification
14 card application issued under 75 Pa.C.S. § 1510(b) (relating to
15 issuance and content of driver's license) shall serve as an
16 application to register to vote.
17 (2) An application for voter registration submitted to the
18 Department of Transportation under this section shall be
19 considered as updating any previous voter registration
20 information by the applicant.
21 (3) Each driver's license application shall include a box or <--
22 other device to permit an applicant to decline to register to
23 vote. Use of this information for any other purpose is
24 prohibited.
25 (b) (1) The Department of Transportation shall include a
26 voter registration application form as part of an application
27 for a driver's license. SUCH VOTER REGISTRATION FORMS SHALL <--
28 INCLUDE INSTRUCTIONS ON HOW TO REGISTER TO VOTE.
29 (2) The content FORMAT of the driver's license/voter <--
30 registration application shall be determined and prescribed by
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1 the Secretary of the Commonwealth and the Secretary of
2 Transportation. THE APPLICATION SHALL CONTAIN ALL INFORMATION <--
3 REQUIRED IN SECTION 20(C)(1).
4 (3) The voter registration application portion of an
5 application for a State motor vehicle driver's license: (i) may
6 not require any information which duplicates information
7 required in the driver's license portion of the form, other than
8 a second signature or other information as necessary; (ii) shall
9 include a means by which an applicant may decline to register to
10 vote; (iii) may require only the minimum amount of information
11 necessary to prevent duplicate voter registration, to enable the
12 commission to assess the eligibility of the applicant and to
13 administer voter registration and other parts of the election
14 process; (iv) shall include a declaration of eligibility; (v)
15 shall require the signature of the applicant, under penalty of
16 perjury; and (vi) shall be made available to the appropriate
17 registration commission.
18 (c) Any change of address form submitted in accordance with
19 State law for purposes of State motor vehicle driver's license
20 shall serve as notification of change of address for voter
21 registration with respect to elections for State office for the
22 applicant involved if the applicant states on the form that the
23 change of address is for voter registration purposes as well as
24 for purposes of the license to operate a motor vehicle.
25 (d) (1) The Department of Transportation shall forward the
26 completed voter registration information to the Department of
27 State or the appropriate commission.
28 (2) Upon receipt of the completed voter registration
29 information from the Department of Transportation or the
30 Department of State, the commission shall make an entry of the
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1 date received on each application and process the application
2 under section 20.3. No applicant shall be deemed eligible to
3 vote until the commission has received and processed the
4 application.
5 (e) The Secretary of the Commonwealth shall have the primary
6 responsibility for implementing and enforcing the driver's
7 license voter registration system created under this section.
8 The Secretary of the Commonwealth, in consultation with the
9 Secretary of Transportation, may promulgate rules and
10 regulations for implementing and enforcing this section.
11 (f) A person who is not a qualified elector and who has
12 applied for a driver's license under 75 Pa.C.S. § 1503(c)
13 (relating to persons ineligible for licensing) is ineligible to
14 register to vote under this section.
15 (g) The Department of State shall reimburse the Department
16 of Transportation for costs incurred in operating the voter
17 registration program, as determined in a memorandum of
18 understanding between the departments.
19 (H) FAILURE TO PROPERLY COMPLETE A VOTER REGISTRATION <--
20 APPLICATION FORM SHALL NOT IN ANY WAY AFFECT THE VALIDITY OF AN
21 APPLICATION FOR A DRIVER'S LICENSE, A RENEWAL APPLICATION OR AN
22 IDENTIFICATION CARD APPLICATION.
23 (I) FAILURE TO PROPERLY COMPLETE AN APPLICATION FOR A
24 DRIVER'S LICENSE, A RENEWAL APPLICATION OR AN IDENTIFICATION
25 CARD APPLICATION FORM SHALL NOT IN ANY WAY AFFECT THE VALIDITY
26 OF A VOTER REGISTRATION APPLICATION.
27 Section 2 4. Nothing in this act shall preclude the <--
28 Secretary of the Commonwealth from implementing the driver's
29 license voter registration program, established under section 1,
30 before January 1, 1993. If Federal legislation passes relating
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1 to this act, this act shall be implemented in compliance with
2 the Federal legislation.
3 Section 3 5. This act shall take effect January 1, 1993. <--
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