PRINTER'S NO. 1194
No. 1100 Session of 1993
INTRODUCED BY ROBINSON, VEON, FREEMAN, CARONE, HUGHES, JOSEPHS,
KUKOVICH, LEVDANSKY, PESCI, DeWEESE, MARKOSEK, GIGLIOTTI,
MELIO, BELFANTI, PISTELLA, HANNA, TRELLO, LAUGHLIN, SAURMAN,
STURLA, SURRA, ROONEY, B. SMITH, CAWLEY, KAISER, WILLIAMS,
STEELMAN, ROEBUCK, TANGRETTI AND TRICH, MARCH 30, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 30, 1993
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," extending the time for canceling a registration.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Sections 19.1(a) and 40 of the act of March 30,
24 1937 (P.L.115, No.40), known as The First Class City Permanent
25 Registration Act, amended or added July 1, 1976 (P.L.476,
1 No.122), are amended to read:
2 Section 19.1. Official Nonpersonal Voter Registration
3 Application Cards; Preparations and Distribution.--
4 (a) For the purpose of enabling qualified electors of each
5 city of the first class to register to vote, the Secretary of
6 the Commonwealth shall cause to be prepared and printed at the
7 expense of the Commonwealth, nonpersonal voter registration
8 application cards containing spaces for entering the information
9 required by sections 20, 20.1 and 20.2 of this act. The form
10 shall be a bifold self mailer so designed as to preserve the
11 confidentiality of the information required to be submitted by
12 the registrant. The form shall also be designed in order to
13 require the applicant to affix two signatures, one signature to
14 be affixed under the declaration of the applicant and the other
15 signature on a removable label or other device to be affixed
16 under the information required of the applicant. In addition,
17 the form shall include a detachable portion on which the
18 registrant shall print his name, present residential address,
19 postal designation and zip code. Such portion shall include on
20 the reverse side, printed notification to the registrant that
21 his application form has been received and is being processed by
22 the county registration commission. Such notification shall be
23 sent within three days from receipt thereof, by first class non-
24 forwardable mail, return postage guaranteed, with all postage
25 costs to be paid by the State.
26 The Secretary of the Commonwealth may also cause to be
27 printed bilingual forms for use of applicants in those
28 jurisdictions wherein there is a single language minority and
29 shall cause such bilingual forms to be printed in those
30 jurisdictions wherein a single language minority exceeds five
19930H1100B1194 - 2 -
1 percent and in such jurisdiction shall cause a public
2 educational program to be conducted among that language group
3 alerting both organizations and individuals of that group of the
4 availability of such forms and encouraging unregistered voters
5 to register.
6 The form shall contain the following information:
7 (1) Notice that those currently registered do not need to
8 re-register unless they have moved or failed to vote at least
9 once during the immediately preceding [two] four calendar years.
10 (2) Notice of a registrant's right to also register in
11 person.
12 (3) Instructions on how to fill out and submit the
13 application card and that the card must be received by the
14 appropriate county registration commission at least thirty days
15 prior to the ensuing primary or election at which the applicant
16 may offer to vote.
17 (4) Notice that the registrant must be a citizen of the
18 United States for at least one month, a resident of
19 Pennsylvania, the county and the election district for at least
20 thirty days, and must be eighteen years old on or before the day
21 following the ensuing primary or election at which the
22 registrant offers to vote.
23 (5) Notice that political party enrollment is mandatory to
24 vote in a primary election of a political party.
25 (6) Notice that the voter notification stub from the
26 application card form will be mailed non-forwardable and
27 advising the registrant to contact the county registration
28 commission in the event such notification stub is not received
29 within ten days from the date the application is sent to the
30 county board of elections.
19930H1100B1194 - 3 -
1 (7) Information designating the name of each county seat
2 together with its post office mailing address and zip code and
3 telephone number.
4 (8) Notice that registration or enrollment is not complete
5 until the application card is processed and accepted by the
6 commission.
7 (9) A warning to the registrant that the State penalty for
8 making a false registration or furnishing false information
9 shall be perjury punishable by fine of one thousand dollars
10 ($1,000) and/or five years imprisonment, plus loss of suffrage
11 for ten years.
12 (10) Instructions to Federal or State employes who wish to
13 retain voting residence in the county of last residence to so
14 indicate on the application form.
15 (11) A notice that the telephone number of the registrant
16 may be inserted in a place provided therefore.
17 * * *
18 Section 40. Cancellation of Registration upon Failure to
19 Vote Within Certain Periods; Request for Reinstatement;
20 Correction of Errors of the Commission in Cancellation of
21 Registrations.--
22 (a) During each year, the commission shall cause all of the
23 district registers to be examined, and in the case of each
24 registered elector who is not recorded as having voted at any
25 election or primary during the [two] four calendar years
26 immediately preceding, the commission shall send to such elector
27 by mail, at his address appearing upon his registration
28 affidavit, a notice, setting forth that the records of the
29 commission indicate that he has not voted during the [two] four
30 immediately preceding calendar years, and that his registration
19930H1100B1194 - 4 -
1 will be cancelled if he does not vote in the next primary or
2 election or unless he shall, within ten days of the next primary
3 or election, file with the commission, a written request for
4 reinstatement of his registration, signed by him, setting forth
5 his place of residence. A list of the persons to whom such
6 notices shall have been mailed shall be sent promptly to the
7 city chairman of the political party of which the electors were
8 registered as members. At the expiration of the time specified
9 in the notice, the commission shall cause the registration of
10 such elector to be cancelled unless he has filed with the
11 commission a signed request for reinstatement of his
12 registration as above provided. The official registration
13 application card of an elector who has registered may qualify as
14 a reinstatement of his registration or a removal notice. The
15 cancellation of the registration of any such elector for failure
16 to vote during the [two] four immediately preceding calendar
17 years shall not affect the right of any such elector to
18 subsequently register in the manner provided by this act.
19 (b) Whenever the registration of an elector has been
20 cancelled through error, such elector may petition the
21 commission for the reinstatement of his registration not later
22 than the tenth day preceding any primary or election, and after
23 a hearing on said application, if error on the part of the
24 commission is proved, the commission shall reinstate the
25 registration of such elector.
26 Section 2. This act shall take effect in 60 days.
B16L25DGS/19930H1100B1194 - 5 -