PRIOR PRINTER'S NO. 1597 PRINTER'S NO. 1607
No. 1240 Session of 2001
INTRODUCED BY PICCOLA, LEMMOND, CONTI, JUBELIRER, BRIGHTBILL,
THOMPSON, WENGER, HELFRICK, RHOADES, TOMLINSON, GREENLEAF,
GERLACH, M. WHITE, MURPHY, D. WHITE, MADIGAN, ERICKSON AND
HOLL, DECEMBER 6, 2001
SENATOR LEMMOND, STATE GOVERNMENT, AS AMENDED, DECEMBER 10, 2001
AN ACT
1 Amending the act of June 30, 1995 (P.L.170, No.25), entitled "An
2 act providing for voter registration, for registration
3 commissions, for remedies and for absentee ballots; imposing
4 penalties; making appropriations; and making repeals,"
5 further providing for the definitions of "district register,"
6 "general register," "qualified elector," "registrant,"
7 "registration records" and "Statewide Uniform Registry of
8 Electors" or "SURE system," for departmental
9 responsibilities, for commissions, for legislative intent,
10 for establishment of SURE system, for qualifications to
11 register, for in-person voter registration, for application
12 with driver's license application, for application by mail,
13 for time, for preparation and distribution of applications,
14 for approval of registration applications, for general
15 register, for district registers, for street lists, for
16 public information lists, for retention of records, for
17 removal notices, for transfer of registration, for court of
18 common pleas, for registration, for votes, for official
19 documents, for law enforcement assistance, for preventing
20 registration, for approval of registration, for power of
21 department, for removal of voters and for files; and
22 providing for SURE system costs, for SURE registration number
23 and for conversion of registration records.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The definitions of "district register," "general
27 register," "qualified elector," "registrant," "registration
1 records" and "Statewide Uniform Registry of Electors," or "SURE
2 system" in section 102 of the act of June 30, 1995 (P.L.170,
3 No.25), known as the Pennsylvania Voter Registration Act, added
4 June 25, 2001 (P.L.674, No.61), are amended to read:
5 Section 102. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 * * *
10 ["District register." The registration cards or digitized
11 signature list containing the list of qualified electors:
12 (1) arranged, by election district, alphabetically by
13 last name of the registrant; and
14 (2) prepared by the commission under section 702.]
15 "District register." The list of registered electors
16 prepared by the commission under section 702.
17 * * *
18 ["General register." The registration record of a county
19 containing at a minimum all information required on a
20 registration application and a registration card for all
21 registered electors in the county.]
22 "General register." The list of registered electors prepared
23 by the commission under section 701.
24 * * *
25 "Qualified elector." An [individual] applicant who possesses
26 all of the qualifications for voting prescribed by the
27 Constitution of Pennsylvania and the laws of this Commonwealth
28 or who, being otherwise qualified by continued residence in the
29 election district, obtains such qualifications before the next
30 ensuing election. The term does not include a military elector.
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1 ["Registrant." An] "Registrant" or "registered elector." A
2 qualified elector who is registered to vote in accordance with
3 this act.
4 * * *
5 "Registration records." The general register, district
6 register and any other record of registration [of electors]
7 maintained by a [county. If provided in regulations promulgated
8 under this act, the] commission. The term [shall also refer to]
9 includes any record maintained by the [county] commission on the
10 Statewide Uniform Registry of Electors.
11 * * *
12 "Statewide Uniform Registry of Electors" or "SURE system."
13 The integrated voter registration system [containing a data
14 base] of all registered electors in this Commonwealth
15 established by Subchapter B of Chapter 3 of this act.
16 Section 2. Section 301 of the act, amended June 25, 2001
17 (P.L.674, No.61), is amended to read:
18 Section 301. Departmental responsibilities.
19 The department shall do all of the following:
20 (1) Provide for applicants to submit their voter
21 registration application to the commission, the Department of
22 Transportation and other agencies designated in section 525.
23 (2) Prescribe a procedure for the return of completed
24 voter registration applications from the Department of
25 Transportation, the Department of Public Welfare, armed
26 forces recruitment centers, Offices of the Clerk of Orphan's
27 Court and all other offices under this act to the secretary
28 or the appropriate commission.
29 (3) Develop [and establish], establish, implement and
30 administer a Statewide Uniform Registry of Electors [subject
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1 to the requirements of section 321] in accordance with
2 Subchapter B.
3 (4) Promulgate regulations necessary to administer this
4 act.
5 Section 3. Section 303(a), (h) and (k) of the act, amended
6 June 25, 2001 (P.L.674, No.61), are amended and the section is
7 amended by adding a subsection to read:
8 Section 303. Commissions.
9 (a) Establishment.--A [registration] commission is
10 established in each county. The commission has jurisdiction over
11 the registration of applicants, qualified electors and
12 registered electors of the county under this act.
13 * * *
14 (h) Errors.--A commission [has the power to] shall correct
15 an error or irregularity in registration and [to] cancel the
16 registration of an individual whom it finds to be improperly
17 registered, subject only to this act. Written notice [must]
18 shall be mailed or delivered to each individual whose
19 registration is canceled. Whenever a registered elector's name
20 is changed for any reason, [that] the registered elector's SURE
21 registration number shall remain the same, and the file shall
22 reflect the former name change to the new name. [A commission
23 shall promptly update information contained in its registration
24 records with regard to such errors or irregularities.]
25 * * *
26 (k) Correction of errors.--
27 (1) A commission shall correct its registration records
28 without requiring action of a registered elector in any of
29 the following cases:
30 (i) If the mailing address of the registered elector
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1 has been changed by the renaming of a street, the
2 renumbering of a house or the changing of a post office.
3 (ii) If the election district of the registered
4 elector has been changed through a change in the
5 boundaries of an election district.
6 (2) Notice of action under paragraph (1) shall be mailed
7 promptly to the affected registered elector.
8 (l) Update.--A commission shall promptly update information
9 contained in its registration records.
10 Section 4. Sections 321 and 322 of the act, added June 25,
11 2001 (P.L.674, No.61), are amended to read:
12 [Section 321. Legislative intent.
13 It is the intent of the General Assembly that a Statewide
14 system of voter registration be established in this Commonwealth
15 to ensure the integrity and accuracy of voter registration
16 records. All commissions shall be linked electronically to a
17 data base containing information pertaining to all registered
18 electors in this Commonwealth. The system shall be in a uniform
19 format and shall be compatible, as far as practicable, with
20 current technologies employed by the commissions with regard to
21 voter registration. The system shall, as far as practicable,
22 preserve the power of the commissions to make determinations as
23 to the qualifications of electors. When commissions fail to
24 perform the duties imposed by this act, the department shall be
25 empowered to enforce compliance.]
26 Section 322. [Establishment of] SURE system.
27 (a) Establishment.--The department shall develop and
28 [implement] establish a Statewide Uniform Registry of Electors
29 [containing a data base of all registered electors in this
30 Commonwealth] to be known as the SURE system.
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1 [(b) Advisory board.-- <--
2 (1) The secretary shall form an advisory board to
3 [assist the department in determining and identifying the <--
4 necessary elements and requirements of the SURE system.
5 (2) The secretary shall appoint nine directors of
6 elections, one from each class of counties, and shall appoint
7 three county commissioners, each from a different class of
8 counties from a list submitted by the County Commissioners
9 Association of Pennsylvania. The advisory board shall also be
10 comprised of four members of the General Assembly who have
11 been appointed to the Joint Select Committee on Election
12 Reform pursuant to House Resolution 14 of 2001 as follows:
13 (i) Two members of the House of Representatives, one
14 of whom shall be a member of the minority party
15 recommended by the Minority Leader, appointed by the
16 Speaker of the House of Representatives.
17 (ii) Two members of the Senate, one of whom shall be
18 a member of the minority party recommended by the
19 Minority Leader, appointed by the President pro tempore
20 of the Senate.
21 (3) On or before October 15, 2001, the secretary shall
22 make a report of the recommendations of the department with
23 regard to the necessary elements and requirements of the SURE
24 system. The report shall be submitted to the State Government
25 Committee of the Senate and the State Government Committee of
26 the House of Representatives. The recommendations shall
27 include, but not necessarily be limited to, the following:
28 (i) requirements for county participation in the
29 SURE system;
30 (ii) access to the SURE system for review and search
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1 capabilities;
2 (iii) use of the SURE system as the general register
3 of a county;
4 (iv) use of signatures or other forms of voter
5 registration identification;
6 (v) accuracy, security and protection of all
7 information in the SURE system and to ensure that
8 unauthorized entry is not allowed; and
9 (vi) usage and compatibility of the various
10 equipment and technologies currently possessed by the
11 counties.]
12 CONFER WITH THE DEPARTMENT REGARDING THE SURE SYSTEM. <--
13 (2) THE ADVISORY BOARD SHALL BE COMPRISED OF FOUR
14 DIRECTORS OF ELECTIONS WHO HAVE BEEN APPOINTED AS FOLLOWS:
15 (I) TWO DIRECTORS BY THE SENATE, ONE APPOINTED BY
16 THE MINORITY LEADER AND ONE APPOINTED BY THE PRESIDENT
17 PRO TEMPORE OF THE SENATE.
18 (II) TWO DIRECTORS BY THE HOUSE OF REPRESENTATIVES,
19 ONE APPOINTED BY THE MINORITY LEADER AND ONE APPOINTED BY
20 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
21 (c) Requirements.--The SURE system shall be developed as a
22 single, uniform integrated computer system. All commissions
23 shall be connected electronically to the SURE system and shall
24 maintain their registration records in the system. The SURE
25 system shall, at a minimum, do all of the following:
26 (1) Contain a data base of all registered electors in
27 this Commonwealth.
28 (2) Ensure the integrity and accuracy of all
29 registration records in the system by prohibiting
30 unauthorized entry, modification or deletion of registration
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1 records.
2 (3) Assign a unique SURE registration number to each
3 individual currently registered in this Commonwealth.
4 (4) Permit the commissions to add, modify and delete
5 information in the system as is necessary and appropriate.
6 (5) Permit each commission and the department to have
7 instant access to a commission's registration records
8 maintained on the system.
9 (6) Be the general register for a commission once the
10 commission is connected to the SURE system.
11 (7) Permit each commission and the department to review
12 and search the system and to permit the sending of notices to
13 the appropriate officials regarding death, change of address
14 or other information which could affect the qualifications of
15 an applicant or the registration of a registered elector.
16 (8) Provide for the electronic transfer of completed
17 voter registration applications and changes of address in
18 accordance with the act.
19 (9) Preserve the power of the commissions to make
20 determinations as to the qualifications of applicants.
21 (10) Assign a unique SURE registration number to each
22 qualified elector who becomes registered and record the
23 registered elector in the general register of the appropriate
24 commission.
25 (11) Permit auditing of each registered elector's
26 registration record from the day of its creation until the
27 day it is canceled.
28 (12) Permit the department to implement section
29 1901(b)(1)(i).
30 (13) Permit the timely printing and transmission by
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1 commissions of district registers and all other information
2 contained in the system as may be necessary for the operation
3 of the polling places on election days.
4 (14) Be designed with an emergency recovery system to
5 insure that registration records are not lost in the case of
6 an emergency, natural disaster or other such event that could
7 cause the system to malfunction.
8 (d) Records.--Within 30 days of receiving notice from the
9 department, each commission shall provide to the department, in
10 the manner and form established by the department, an electronic
11 copy of its registration records. Beginning 60 days after
12 receiving notice in accordance with this subsection and
13 continuing until the commission is connected to the SURE system,
14 each commission shall provide monthly to the department, in the
15 manner and form established by the department, an electronic
16 copy of its general register. The provision of records in
17 accordance with this subsection shall not be considered a part
18 of the establishment or implementation of the SURE system.
19 (e) Implementation.--The department shall implement the SURE
20 system as soon as possible. The department shall establish, by
21 regulation, a schedule for each commission to be connected to
22 the SURE system. Commissions shall be connected in an order
23 which maximizes the accuracy, integrity and protection of
24 registration records on a Statewide basis. Upon being connected,
25 each commission shall be required to use the SURE system as its
26 general register. Connection of the commissions shall commence
27 no later than August 31, 2002, and shall be completed Statewide
28 by January 1, 2005.
29 (f) Regulations.--The secretary shall promulgate regulations
30 necessary to establish, implement and administer the SURE
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1 system. Regulations shall include all of the following:
2 (1) Uniform procedures for the commissions relating to
3 the SURE system, including the process and manner of entering
4 information into the SURE system, the type and form of
5 information to be entered, the process for identifying and
6 removing duplicate registrations, the manner and time frame
7 for updating information in the system and the manner and
8 form of communications between commissions and between the
9 department and a commission.
10 (2) Periodic training requirements for commissions and
11 their employees.
12 (3) Such other regulations as are necessary to ensure
13 that the SURE system shall comply with all other provisions
14 of this act.
15 Section 5. The act is amended by adding a section to read:
16 Section 323. SURE system costs.
17 The cost of establishment, implementation and maintenance of
18 the SURE system technology and its emergency recovery system
19 shall be borne by the Commonwealth.
20 Section 6. Section 501(a) of the act, amended June 25, 2001
21 (P.L.674, No.61), is amended to read:
22 Section 501. Qualifications to register.
23 (a) Eligibility.--[A qualified elector] An individual who
24 will be at least 18 years of age on the day of the next
25 election, who has been a citizen of the United States for at
26 least one month prior to the next election and who has resided
27 in this Commonwealth and the election district where the
28 [qualified elector] individual offers to vote for at least 30
29 days prior to the next ensuing election and has not been
30 confined in a penal institution for a conviction of a felony
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1 within the last five years shall be [entitled to be registered]
2 eligible to register as provided in this chapter. [If an
3 individual is qualified to vote in an election district prior to
4 removal of residence, the individual may, if a resident of this
5 Commonwealth, vote in the election district from which residence
6 was removed within the 30 days preceding the election.]
7 * * *
8 Section 7. Section 522(a) and (b) of the act are amended to
9 read:
10 Section 522. In-person voter registration.
11 (a) General rule.--Applications may be submitted to register
12 to vote or change party enrollment or name or address on current
13 registration record in person before the [registration]
14 commission or a commissioner, a registrar or a clerk at the
15 office of the commission or at a place designated by the
16 commission. The applicant shall be advised that any intentional
17 false statement on the application constitutes perjury and will
18 be punishable as such. The applicant shall provide the
19 information required on the registration application and sign
20 the registration declaration. The commission shall prepare and
21 provide voter registration applications for the purpose of
22 registering qualified electors in accordance with this section.
23 Notwithstanding any other provision of this act, the commission
24 may use a mail registration application for in-person
25 registration. The commission shall mail the [voter's] qualified
26 elector an identification card in accordance with section
27 [527(a)(4)(v)] 528.
28 (b) Notice.--The commission shall, within a reasonable time,
29 publicly announce the address of each place of registration, the
30 address of each office of the commission established for the
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1 registration of qualified electors other than its main office
2 and the days and hours when the place or office is open for the
3 registration of qualified electors. The announcement shall be
4 made by posting notice at the place or office and at the
5 commission's main office and by other means as the commission
6 deems advisable.
7 * * *
8 Section 8. Section 523(a), (b) and (c) of the act, amended
9 June 25, 2001 (P.L.674, No.61), are amended to read:
10 Section 523. Application with driver's license application.
11 (a) General rule.--
12 (1) The Department of Transportation shall provide for
13 simultaneous application for voter registration in
14 conjunction with the process under 75 Pa.C.S. § 1510
15 (relating to issuance and content of driver's license). An
16 application under this subsection shall serve as an
17 application to register to vote unless the applicant fails to
18 sign the voter registration application. The secretary has
19 the primary responsibility for implementing and enforcing the
20 driver's license voter registration system created under this
21 section. The secretary, in consultation with the Secretary of
22 Transportation, may promulgate regulations for implementing
23 this section.
24 (2) An application for voter registration submitted to
25 the Department of Transportation under this subsection shall
26 be considered as updating any previous voter registration
27 information by [the applicant] a registrant.
28 (3) Any change of address submitted to the Department of
29 Transportation for the purposes of driver licensing shall
30 serve as notification of change of address for voter
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1 registration for the registrant involved unless the
2 registrant indicates that the change of address is not for
3 voter registration purposes.
4 (b) Process.--
5 (1) The Department of Transportation shall provide for
6 an application for voter registration as part of a driver's
7 license application.
8 (2) The format of the driver's license/voter
9 registration application shall be determined and prescribed
10 by the secretary and the Secretary of Transportation.
11 (3) The voter registration application portion of the
12 application shall contain all the requirements of an official
13 voter registration application specified in section 527. The
14 voter registration portion of the application:
15 (i) may not require any information that duplicates
16 information required in the driver's license portion of
17 the form, other than a second signature; and
18 (ii) may require only the minimum amount of
19 information necessary to prevent duplicate voter
20 registration, to enable the [registration] commission to
21 assess the eligibility of the applicant and to administer
22 voter registration and other parts of the election
23 process.
24 (c) Transmission.--
25 (1) The Department of Transportation shall forward
26 completed applications or contents of the completed voter
27 registration applications in machine-readable format to the
28 department by the close of registration for the ensuing
29 election.
30 (2) The department shall transmit the material to the
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1 appropriate commission within ten days after the date of its
2 receipt by the Department of Transportation. If a voter
3 registration application is received by the Department of
4 Transportation within five days before the last day to
5 register before an election, the application shall be
6 transmitted to the appropriate commission not later than five
7 days after the date of its receipt by the Department of
8 Transportation.
9 (3) Upon receipt of the completed voter registration
10 information from the department, the commission shall make a
11 record of the date of the receipt of the application and
12 process the application. No applicant shall be deemed
13 eligible to vote until the commission has received and
14 approved the application.
15 (3.1) After the Department of Transportation is
16 connected to the SURE system and notwithstanding paragraphs
17 (1), (2) and (3), the Department of Transportation shall
18 transmit electronically the contents of a completed voter
19 registration application within five days of receipt of the
20 application. Upon receipt of the information from the
21 Department of Transportation, a commission shall make a
22 record of the date of the receipt of the application and
23 process the application in accordance with section 528. If
24 the commission of the county of residence has not been
25 connected to the SURE system, the Department of
26 Transportation shall forward the completed application or
27 contents of the completed application to the department in
28 accordance with paragraph (1). No applicant shall be deemed
29 eligible to vote until the commission has received and
30 approved an application in accordance with section 528.
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1 (4) Changes of address shall comply with the following:
2 (i) [The] Before the Department of Transportation is
3 connected to the SURE system, the Department of
4 Transportation shall notify the [secretary] department of
5 changes of address received under subsection (a)(3). The
6 [secretary] department shall notify the commission of the
7 county of the registrant's [prior] former residence.
8 After the Department of Transportation is connected to
9 the SURE system, the Department of Transportation shall
10 notify the commission of the county of the registrant's
11 former residence. If the registrant has moved to an
12 address outside this Commonwealth, the commission shall
13 verify the address change in accordance with section
14 1901. Except as provided in subparagraph (ii), if the
15 registrant confirms in accordance with section 1901(d)
16 that he has moved [outside of the] to another county, the
17 commission shall cancel the registration and forward the
18 registrant's registration [card] information to the
19 commission of the registrant's new county of residence.
20 Except as provided in subparagraph (ii), if the
21 registrant has moved to an address within the
22 commission's jurisdiction, the commission shall promptly
23 update the registration record of the registrant in
24 accordance with section 528. All changes of address
25 received by the Department of Transportation under this
26 section at least 30 days before [a primary, general or
27 municipal] an election must be processed by the
28 commission for the ensuing election. For the purpose of
29 this paragraph, the term "registration information" means
30 the registration card and any other record of
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1 registration maintained by a commission.
2 (ii) In the case of changes of address received by
3 the Department of Transportation which do not contain a
4 signature of the registrant, the commission receiving the
5 change of address notification shall mail a notice to the
6 registrant at the new residence address requesting
7 verification of the address change. If the change of
8 address is to a new residence outside the commission's
9 jurisdiction, the commission shall mail the following
10 notice:
11 Date................
12 Office of the Registration Commission
13 .......... County, Pennsylvania
14 ........ (Address and Telephone No. of County)
15 We have been notified by the Department of Transportation
16 that you recently changed your address from
17 ................. (old residence address) to
18 ............... (new residence address) and that this
19 change of address is to serve as a change of address for
20 voter registration purposes. Unless you notify this
21 office within ten days from the date of this notice that
22 this information is not correct, your voter registration
23 will be transferred to ........... County. You may notify
24 this office by writing your residence address, the date
25 and your signature on the bottom of this form and mailing
26 this notice to this office. You need not notify this
27 office if this information is correct.
28 ............................
29 Chief Clerk
30 If the address change is within the commission's
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1 jurisdiction, the [county] commission shall mail a
2 voter's identification card to the registrant at the new
3 residence address.
4 (iii) If the registrant does not return the notice
5 under subparagraph (ii) within the ten-day period, the
6 commission shall process the change of address according
7 to subparagraph (i). If the registrant notifies the
8 commission that the information is incorrect and the
9 commission is satisfied with the registrant's explanation
10 of the discrepancy, the address of the registrant's
11 registration shall remain unchanged. If the verification
12 notification or voter identification card is returned by
13 the post office as undeliverable as addressed or with a
14 forwarding address, the commission shall send a
15 confirmation notice to the registrant's address of former
16 residence in accordance with section 1901(d)(2).
17 (5) Upon notification and confirmation of any change of
18 address, a commission shall promptly update information
19 contained in its registration record.
20 * * *
21 Section 9. Sections 524, 526 and 527(a) and (b) of the act
22 are amended to read:
23 Section 524. Application by mail.
24 (a) General rule.--An application to register to vote or to
25 change party enrollment or name or address on a current
26 registration may be submitted by voter registration mail
27 application in the manner set forth in this section. An
28 application may be submitted by mail or by representative to the
29 [registration] commission on an official mail registration
30 application, the form of which shall be determined and
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1 prescribed by the secretary or the Federal Election Commission
2 pursuant to the National Voter Registration Act (Public Law 103-
3 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
4 information required on the registration application and sign
5 the registration declaration.
6 (b) Time.--Registration under this section may be made at
7 any time. If a registration application is received by a
8 commission beyond the deadline for registration provided in
9 section 526, the application shall be retained by the commission
10 until the beginning of the next period during which registration
11 can be made.
12 (c) Military electors.--
13 (1) A military elector may apply at any time for
14 registration on an official registration application or any
15 form prescribed by the Federal Government for such purpose.
16 (2) The status of a military elector to register under
17 this section with respect to residence shall remain as the
18 same home residence status from which the military elector is
19 qualified to register. If, at the time of leaving that home
20 address, the military elector had not resided in this
21 Commonwealth or in a particular election district for a
22 sufficient time to have been entitled to be registered but,
23 by continued residence, would have become entitled to be
24 registered, the military elector shall be entitled to be
25 registered at the time the military elector would have been
26 entitled to register had the military elector not left that
27 home address but continued to reside there.
28 (3) The commission is authorized to consider a request
29 for an absentee ballot as a request for an official
30 registration application and to forward to the requester all
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1 of the following:
2 (i) An absentee ballot and balloting material.
3 (ii) An official registration application.
4 (4) The military elector must complete and file these
5 documents in accordance with the applicable provisions of the
6 act of June 3, 1937 (P.L.1333, No.320), known as the
7 Pennsylvania Election Code.
8 (5) The right to be registered pursuant to this
9 subsection shall not be subject to challenge for any reason
10 other than failure to have furnished the commission a
11 properly completed registration application.
12 Section 526. Time.
13 (a) General rule.--Except as provided in subsection (b),
14 each [registration] commission, commissioners and registrars or
15 clerks appointed by the commission shall receive, during
16 ordinary business hours and during additional hours as the
17 commission prescribes, at the office of the commission and at
18 additional places as the commission designates, applications
19 from individuals who appear and claim that they are entitled to
20 be registered as electors of a municipality.
21 (b) Deadlines.--In the administration of voter registration,
22 each commission shall ensure that any [eligible] applicant who
23 is a qualified elector is registered to vote in an election when
24 the applicant has met any of the following conditions:
25 (1) In the case of voter registration with a motor
26 vehicle driver's license application under section 523, if
27 the valid voter registration application is submitted to the
28 appropriate Department of Transportation office not later
29 than 30 days before the date of the election.
30 (2) In the case of registration by mail under section
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1 524, if the valid voter registration mail application is
2 postmarked not later than the deadline to register for the
3 ensuing election or, in the case of an illegible or missing
4 postmark, it is received not later than five days after the
5 deadline to register for the ensuing election.
6 (3) In the case of voter registration at a voter
7 registration agency under section 525, if the valid voter
8 registration application is accepted at the voter
9 registration agency not later than 30 days before the date of
10 the election.
11 (4) In any other case, if the valid voter registration
12 application of the applicant is received by the appropriate
13 commission not later than 30 days before the election.
14 (c) Special rules.--
15 (1) In the case of a special election within a
16 congressional, senatorial or representative district held on
17 a day other than the day of a primary, general or municipal
18 election, the registration application forms shall not be
19 processed in the wards and election districts comprising the
20 district for the 30 days prior to the special election for
21 such election.
22 (2) No applications shall be received as follows:
23 (i) On Sundays.
24 (ii) On holidays.
25 (iii) On the day of the election.
26 (iv) During the 30 days next preceding each
27 general, municipal and primary election, except as
28 provided in subsection (b).
29 Section 527. Preparation and distribution of applications.
30 (a) Form.--
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1 (1) The secretary shall prescribe the form of official
2 voter registration application. The official voter
3 registration application shall provide space for the
4 following information about the applicant:
5 (i) Full name.
6 (ii) Address of residence. If the residence is a
7 portion only of the house, the location or number of the
8 room, apartment or floor which is occupied.
9 (iii) Mailing address if different than address of
10 residence.
11 (iv) Name and residence address on previous
12 registration and the year of that registration.
13 (v) Designation of political party, for the purpose
14 of voting at a primary election.
15 (vi) Date of birth.
16 (vii) Telephone number. An application shall not be
17 rejected because of noncompliance with this subparagraph.
18 (viii) Race. An application shall not be rejected
19 because of noncompliance with this subparagraph.
20 (2) Data required on the voter registration application
21 shall not be more nor less than the minimum data elements
22 permissible for Federal voter registration.
23 (3) Any person who assists in the completion of the
24 registration application shall sign the application and
25 indicate the person's address. In the case of those
26 registering under sections 523 and 525, the person providing
27 assistance shall insert the person's initials or employee or
28 agent identification number on a separate or detachable
29 portion of the application or computer data file.
30 (4) A voter registration application shall be printed on
20010S1240B1607 - 21 -
1 stock of good quality and shall be of suitable uniform size.
2 Nothing in this act shall prohibit the design and use of an
3 electronic voter registration application which includes the
4 applicant's digitized or electronic signature. The
5 registration application shall contain the following
6 information; however, the information may be provided on a
7 separate form for voter registration made under section 523
8 or 525:
9 (i) Notice that [an individual currently] a
10 registered elector does not need to reregister unless the
11 [individual] registered elector has moved.
12 (ii) Instructions on how to fill out and submit the
13 application and notification of when the application must
14 be submitted to a voter registration office in order to
15 be registered for the ensuing election.
16 (iii) Notice that the [registrant] applicant must be
17 a citizen of the United States for at least one month
18 prior to the next election and a resident of this
19 Commonwealth and the election district for at least 30
20 days and must be at least 18 years of age by the day of
21 the next ensuing election and has not been confined in a
22 penal institution for a conviction of a felony within the
23 last five years. The notice required in this subparagraph
24 shall be in print identical to the declaration under
25 subsection (b).
26 (iv) Notice that political party enrollment is
27 mandatory to vote in a primary election of a political
28 party.
29 (v) Notice that the commission will mail by
30 nonforwardable mail to the applicant a voter's
20010S1240B1607 - 22 -
1 identification card upon acceptance of the application
2 and that the [registrant] applicant should contact the
3 commission if the identification card is not received
4 within 14 days from the date the application is sent to
5 the registration office.
6 (vi) Notice that registration is not complete until
7 the application is processed and accepted by the
8 commission.
9 (vii) A warning to the [registrant] applicant that
10 making a false registration or furnishing false
11 information is perjury. The notice required in this
12 subparagraph shall be in print identical to the
13 declaration under subsection (b).
14 (viii) Instructions to Federal or State employees
15 who wish to retain voting residence in county of last
16 residence to so indicate on the application.
17 (ix) Notice that, if an [applicant] individual
18 declines to register to vote, the fact that the
19 [applicant] individual has declined to register will
20 remain confidential and will be used only for voter
21 registration purposes. The notice required in this
22 subparagraph shall be in print identical to the
23 declaration under subsection (b).
24 (x) Notice that, if an [applicant] individual does
25 register to vote, the office at which the [applicant]
26 individual submits a voter registration application will
27 remain confidential and will be used for voter
28 registration purposes only. The notices required in this
29 subparagraph shall be in print identical to the
30 declaration in subsection (b).
20010S1240B1607 - 23 -
1 (5) The official voter registration application may be
2 designed in a manner to be inserted in the district register
3 or for transfer to a registration card to be placed in the
4 district register.
5 (6) In jurisdictions where there is a single language
6 minority, the secretary may print a bilingual application.
7 (7) In jurisdictions where a single language minority
8 exceeds 5% of the population, the secretary shall:
9 (i) print a bilingual application; and
10 (ii) conduct a public educational program among that
11 language group alerting both organizations and
12 individuals of that group of the availability of the
13 bilingual application and encouraging [unregistered
14 voters] individuals to register.
15 (8) To implement section 524, the secretary shall print
16 an official voter registration mail application designed to
17 preserve the confidentiality of the information required to
18 be submitted. The application shall contain information
19 required by this section and shall include the name of each
20 county seat, its post office mailing address and zip code and
21 its telephone number. Voter registration mail applications
22 shall contain information indicating whether the application
23 is a new registration, change of party enrollment, change of
24 address or change of name.
25 (9) Nothing in this act shall prohibit a private
26 organization or individual from printing blank voter
27 registration applications or shall prohibit the use of such
28 applications by any other individual, provided that the form,
29 content and paper quality of such voter registration
30 application complies with department regulations for the
20010S1240B1607 - 24 -
1 forms or has received prior approval from the secretary.
2 (b) Registration declaration.--
3 (1) The official voter registration application shall
4 contain a registration declaration. On the declaration, the
5 applicant shall state all of the following:
6 (i) The applicant has been a citizen of the United
7 States for at least one month prior to the next election.
8 (ii) On the day of the next ensuing election, the
9 applicant shall be at least 18 years of age.
10 (iii) On the day of the next ensuing election, the
11 applicant shall have resided in this Commonwealth and in
12 the election district for at least 30 days.
13 (iv) The applicant has not been confined in a penal
14 institution for a conviction of a felony within the last
15 five years.
16 (v) The applicant is legally qualified to vote.
17 (2) The applicant shall affirm all of the following:
18 (i) The information provided in the registration
19 declaration is true.
20 (ii) The applicant understands that:
21 (A) the registration declaration will be
22 accepted for all purposes as the equivalent of an
23 affidavit; and
24 (B) if the registration contains a material
25 false statement, the applicant shall be subject to
26 penalties for perjury.
27 (3) The registration declaration shall contain the
28 printed name and signature of the applicant and the date of
29 signing. An applicant unable to sign the voter registration
30 application shall make a mark before a person of the
20010S1240B1607 - 25 -
1 applicant's choice other than the applicant's employer or an
2 agent of the applicant's union. [Such] The person shall
3 insert the person's name, address and telephone number. If
4 [such] the person is an employee or agent of the Department
5 of Transportation or another agency, as provided under
6 section 525, and is assisting the applicant in an official
7 capacity, [such] the employee or agent shall insert the
8 initials and identification number of the employee or agent.
9 In the case of applicants registering under section 523 or
10 525, the person providing assistance shall insert initials or
11 employee or agent identification number on a separate or
12 detachable portion of the application or computer data file.
13 (4) The official registration application shall contain
14 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
15 notice shall advise the applicant that, if a person signs an
16 official registration application knowing a statement
17 declared in the application to be false, the person commits
18 perjury. The notice shall specify the penalty for perjury.
19 * * *
20 Section 10. Section 528 of the act, amended June 25, 2001
21 (P.L.674, No.61), is amended to read:
22 Section 528. Approval of registration applications.
23 [(a) Examination.--
24 (1) Official registration applications submitted to a
25 registration commission shall be examined by the commissioner
26 or a clerk or registrar upon receipt.
27 (2) If the official voter registration application
28 submission is in person, the application shall be attested
29 and dated by the commissioner, clerk or registrar.
30 (3) Upon receipt of any other voter registration
20010S1240B1607 - 26 -
1 application, the commission shall make an entry of the date
2 received on the application. If the applicant does not reside
3 within the commission's county but resides elsewhere in this
4 Commonwealth, the commission shall forward the application
5 card to the proper commission and make a record of the
6 forwarding.
7 (b) Decision.--
8 (1) If the commission finds the official registration
9 application not properly completed, the application shall be
10 rejected. The commission should make reasonable efforts to
11 complete the registration before rejecting it for omissions
12 and inconsistencies. If the commission rejects an application
13 under this paragraph, it shall indicate "REJECTED" on the
14 application and state there the reason for rejection and
15 notify the applicant by first class nonforwardable mail,
16 return postage guaranteed.
17 (2) If the official registration application contains
18 the required information indicating that the applicant is
19 legally qualified to register as stated in the application,
20 the commission shall mail to the applicant a voter's
21 identification card in accordance with subsection (d)(1).
22 (3) For an application for a transfer of registration or
23 a change in address or name, if the application contains the
24 required information and the applicant is legally qualified
25 to transfer registration or change name or address as stated
26 in the application, the commission shall make the transfer or
27 change. If the commission suspects that the applicant is not
28 entitled to transfer registration or to change name or
29 address, the commission may investigate. If the commission
30 finds that the applicant is not entitled to the transfer or
20010S1240B1607 - 27 -
1 change, the application shall be rejected. The applicant
2 shall be notified of the rejection and the reason for it.
3 Rejection shall be made no later than ten days before the
4 election succeeding the filing of the application.
5 (c) Result.--If an application is designed to serve as a
6 registration card, the accepted application of an elector may
7 serve as the elector's official registration card, if it was so
8 designed, and shall be filed in the office of the commission in
9 accordance with Chapter 7. If the application is not designed to
10 serve as a registration card, the information contained on the
11 application, including the elector's signature, shall be
12 transferred to the registration card. If a commission utilizes a
13 signature digitization list, it shall transfer all information
14 contained on the application, including the signature, to the
15 registry or, until the registry is established, to a computer
16 file. Applicants for registration shall be challenged under
17 section 529.
18 (d) Disposition.--
19 (1) When the registration of an elector has been
20 processed under subsection (b)(2), the commission shall
21 transmit to the applicant by first class nonforwardable mail
22 a wallet-sized voter's identification card, which shall serve
23 as notice to the applicant of the disposition of the
24 application. The card shall contain all of the following:
25 (i) Name and address of the elector.
26 (ii) Name of municipality.
27 (iii) Identification of elector's ward and district.
28 (iv) Effective date of registration.
29 (v) Designation of party enrollment and date of
30 enrollment.
20010S1240B1607 - 28 -
1 (vi) A space for the elector's signature or mark.
2 (vii) A statement that the card relates only to the
3 time of issuance of the card and is not of itself
4 evidence or proof of the qualifications of the elector to
5 vote at an election or proof of identification for
6 purposes of applying for or receiving general assistance
7 and that it is not necessary to present the card when
8 voting. The statements required by this subparagraph
9 shall be placed on the reverse side of the card from
10 where all of the other information required by this
11 paragraph is placed.
12 (viii) A statement that the elector must notify the
13 commission within ten days if any information on the card
14 is incorrect; otherwise the information shall be deemed
15 correct for voter registration purposes.
16 (2) The carrier envelope in which the identification
17 card is enclosed shall contain on the outside a request to
18 the postmaster to return it within five days if it cannot be
19 delivered to the addressee at the address given.
20 (3) No registration application shall be deemed to be
21 accepted until ten days after the voter's identification card
22 has been mailed. Upon return by the post office of an
23 identification card under paragraph (2) which the post office
24 is unable to deliver at the given address, the commission
25 shall investigate. If the commission finds that the applicant
26 is not qualified to register from such address, the
27 commission shall reject the application of the applicant and
28 shall notify the applicant by first class forwardable mail of
29 this action.
30 (4) If the applicant discloses that the elector's last
20010S1240B1607 - 29 -
1 residence address upon registration was a location within
2 another county, the commission of the county of the elector's
3 new residence shall direct a cancellation notice to the
4 commission of the county of the elector's last residence.
5 This cancellation notice shall be in a form approved by the
6 secretary in substantially the following form:
7 Date .........................
8 Office of the Registration Commission
9 ................ County, Pennsylvania
10 Cancellation of Previous Registration
11 Name .................................., whose date of
12 birth is ..........................., has now registered
13 as an elector in........................ County,
14 Pennsylvania. Our records indicate that this registrant
15 was previously registered in the County of
16 ............................., Pennsylvania, at the
17 following address ...............................
18 ............................
19 Chief Clerk
20 (5) Upon receipt of the notice in paragraph (4), the
21 commission of the county of the elector's last residence
22 shall transfer a copy of the elector's canceled registration
23 record to the commission of the county of the elector's new
24 residence and retain a record of the transfer. The
25 commissions of both counties shall promptly update
26 information contained in their registration records.]
27 (a) Examination.--Upon receiving a voter registration
28 application, a commissioner, clerk or registrar of a commission
29 shall do all of the following:
30 (1) Initial and date the receipt of the application.
20010S1240B1607 - 30 -
1 (2) Examine the application to determine all of the
2 following:
3 (i) Whether the application is complete.
4 (ii) Whether the applicant is a qualified elector.
5 (iii) Whether the applicant has an existing
6 registration record. After the commission is connected to
7 the SURE system, the commissioner, clerk or registrar
8 shall search the SURE system on a Statewide basis to
9 determine if the applicant has an existing registration
10 record.
11 (iv) Whether the applicant is entitled or qualified
12 to receive the requested transfer or change, if
13 applicable.
14 (b) Decision.--A commission shall do one of the following:
15 (1) Forward application.--Record and forward a voter
16 registration application to the proper commission if the
17 commission finds during its examination under subsection (a)
18 that the applicant does not reside within the commission's
19 county but resides elsewhere in this Commonwealth.
20 (2) Reject application.--Reject a voter registration
21 application, indicate the rejection and the reasons for the
22 rejection on the application and notify the applicant by
23 first class nonforwardable mail, return postage guaranteed of
24 the rejection and the reason if the commission finds during
25 its examination under subsection (a) any of the following:
26 (i) The application was not properly completed and
27 after reasonable efforts by the commission to ascertain
28 the necessary information, the application remains
29 incomplete or inconsistent.
30 (ii) The applicant is not a qualified elector.
20010S1240B1607 - 31 -
1 (iii) The applicant is not entitled to a transfer of
2 registration or a change of address.
3 (iv) The applicant is not legally qualified to a
4 change of name.
5 A rejection shall be made no later than ten days before the
6 election succeeding the filing of the application.
7 (3) New applicant registration.--Process a voter
8 registration application in accordance with subsection (c) if
9 the commission finds during its examination under subsection
10 (a) all of the following:
11 (i) The application requests registration.
12 (ii) The application contains the required
13 information indicating that the applicant is qualified
14 elector of the county.
15 (4) Update existing registration.--Process a voter
16 registration application in accordance with subsection (c)
17 and update its registration records if the commission finds
18 during its examination under subsection (a) all of the
19 following:
20 (i) The application requests registration.
21 (ii) The application contains the required
22 information indicating that the applicant is a qualified
23 elector of the county.
24 (iii) The applicant is currently a registered
25 elector of the county.
26 (5) Transfer existing registration.--Process a voter
27 registration application in accordance with subsection (c)
28 and request transfer of registration records in accordance
29 with subsection (d) if the commission finds during its
30 examination under subsection (a) all of the following:
20010S1240B1607 - 32 -
1 (i) The application requests registration.
2 (ii) The application contains the required
3 information indicating that the applicant is a qualified
4 elector of the county.
5 (iii) The applicant is currently a registered
6 elector of another county.
7 (6) Transfer request.--Process a voter registration
8 application in accordance with subsection (c) and request
9 transfer of registration records in accordance with
10 subsection (d) if the commission finds during its examination
11 under subsection (a) all of the following:
12 (i) The application requests a transfer of
13 registration.
14 (ii) The application contains the required
15 information indicating that the applicant is a qualified
16 elector of the county.
17 (iii) The applicant is currently a registered
18 elector of another county.
19 (7) Change of address request.--Process a voter
20 registration application in accordance with subsection (c)
21 and update its registration if the commission finds during
22 its examination under subsection (a) all of the following:
23 (i) The application requests a change of address.
24 (ii) The application contains the required
25 information indicating that the applicant is a qualified
26 elector of the county.
27 (iii) The applicant is currently a registered
28 elector of the county.
29 (8) Change of name request.--Process a voter
30 registration application in accordance with subsection (c)
20010S1240B1607 - 33 -
1 and update its registration records if the commission finds
2 during its examination under subsection (a) all of the
3 following:
4 (i) The application requests a change of name.
5 (ii) The applicant is legally qualified to a change
6 of name.
7 (iii) The application contains the required
8 information indicating that the applicant is a qualified
9 elector of the county.
10 (iv) The applicant is currently a registered elector
11 of the county.
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 a wallet-sized voter's
17 identification card to the individual by first class
18 nonforwardable mail, return postage guaranteed, which shall
19 serve as notice of the acceptance of the application. The
20 card shall contain all of the following:
21 (i) Name and address of the individual.
22 (ii) Name of municipality of residence.
23 (iii) Identification of the individual's ward and
24 district.
25 (iv) The effective date of registration.
26 (v) Designation of party enrollment and date of
27 enrollment.
28 (vi) A space for the individual's signature or mark.
29 (vii) The unique identification number of the
30 individual.
20010S1240B1607 - 34 -
1 (viii) A statement that the individual must notify
2 the commission within ten days from the date it was
3 mailed if any information on the card is incorrect;
4 otherwise the information shall be deemed correct for
5 voter registration purposes.
6 (2) When a commission has accepted a voter registration
7 application under subsection (b)(4), (5), (6), (7) or (8),
8 the commission shall mail a wallet-sized voter's
9 identification card to the individual by first class
10 nonforwardable mail, return postage guaranteed, which shall
11 serve as notice of the acceptance of the application. The
12 card shall contain all of the following:
13 (i) Name and address of the individual.
14 (ii) Name of municipality of residence.
15 (iii) Identification or the individual's ward and
16 district.
17 (iv) The effective date of registration.
18 (v) Designation of party enrollment and date of
19 enrollment.
20 (vi) A space for the individual's signature or mark.
21 (vii) The SURE registration number of the
22 individual.
23 (viii) A statement that the individual must notify
24 the commission within ten days from the date it was
25 mailed if any information on the card is incorrect;
26 otherwise the information shall be deemed correct for
27 voter registration purposes.
28 (3) An envelope containing a voter identification card
29 shall be marked on the outside with a request to the
30 postmaster to return it within five days if it cannot be
20010S1240B1607 - 35 -
1 delivered to the addressee at the address given.
2 (4) (i) If an envelope containing a voter
3 identification card has been mailed in accordance with
4 paragraphs (1) and (3) and has not been returned to the
5 commission by the postmaster within ten days from the
6 date it was mailed, the individual shall be deemed a
7 registered elector of the county and the commission shall
8 enter the individual's registration information in the
9 general register. The unique identification number shall
10 be entered as the registered elector's SURE registration
11 number. No person shall be deemed a registered elector of
12 the county until ten days after the voter identification
13 card has been mailed.
14 (ii) If an envelope containing a voter
15 identification card has been mailed in accordance with
16 paragraphs (2) and (3) and has not been returned to the
17 commission by the postmaster within ten days from the
18 date it was mailed, the individual shall be deemed a
19 registered elector of the county and the commission shall
20 enter the individual's registration information in the
21 general register. No person shall be deemed a registered
22 elector of the county until ten days after the voter
23 identification card has been mailed.
24 (5) If an envelope containing a voter identification
25 card is returned by the postmaster because the envelope is
26 undeliverable at the given address, the commission shall
27 investigate. If the commission finds that the individual is
28 not qualified to register from the address, the commission
29 shall reject the application and shall notify the individual
30 by first class forwardable mail of this action.
20010S1240B1607 - 36 -
1 (d) Transfer of registration records.--
2 (1) If during application an individual discloses that
3 the individual is a registered elector of another county, the
4 commission of the individual's new county of residence shall
5 direct a cancellation notice to the commission of the
6 individual's former county of residence in accordance with
7 regulations promulgated under this act.
8 (2) Upon receipt of a notice transmitted in accordance
9 with paragraph (1), the commission of the individual's former
10 county of residence shall investigate. If the commission
11 finds that the individual is a registered elector of the
12 county, the commission shall verify the address change with
13 the registered elector in accordance with this act. Upon
14 verifying that the registered elector has moved to another
15 county of residence, the commission shall cancel the
16 registered elector's registration, transfer a copy of the
17 canceled registration record to the commission of the
18 registered elector's new county of residence and retain a
19 record of the transfer. The commission of both counties shall
20 promptly update information contained in their registration
21 records.
22 (e) Challenges.--All challenges to applications for
23 registration shall be made as provided in section 529.
24 Section 11. The act is amended by adding a section to read:
25 Section 528.1. SURE registration number.
26 Each registered elector shall be assigned a single and unique
27 SURE registration number in accordance with sections 528 and
28 913. Once assigned, a SURE registration number shall not be
29 changed, modified or altered.
30 Section 12. Section 701 of the act is amended to read:
20010S1240B1607 - 37 -
1 Section 701. General register.
2 (a) General rule.--The general register shall contain all of
3 the following for each registered elector of the county:
4 (1) The ward and election district of residence.
5 (2) The registered elector's street address.
6 (3) Data required to be given upon removal from the
7 registered elector's residence.
8 (4) The date of each election at which the registered
9 elector votes.
10 (5) The digitized or electronic signature of the
11 registered elector.
12 (6) The SURE registration number.
13 (7) Whether the registered elector needs assistance to
14 vote and, if so, the nature of the disability.
15 (b) District register.--The general register shall be used
16 by the commission to prepare the district register.
17 (c) SURE system.--After a commission is connected to the
18 SURE system, the general register of the commission shall
19 consist of the registration information contained on the SURE
20 system as maintained by the commission.
21 [(a) Original registration cards.--If]
22 (d) Registration cards.--Before a commission is connected to
23 the SURE system, if a commission uses the original registration
24 cards for registered electors in the county as the district
25 register, the duplicate registration cards or photocopies of the
26 original registration cards shall be placed in exact
27 alphabetical order by last name of the registrant, shall be
28 indexed and shall be kept at the office of the registration
29 commission in a manner as to be properly safeguarded. These
30 cards constitute the general register of the county. They may
20010S1240B1607 - 38 -
1 not be removed from the office of the commission except upon
2 order of a court of record. Nothing in this act shall preclude
3 the use of duplicate registration cards from applications
4 provided under the act of March 30, 1937 (P.L.115, No.40), known
5 as The First Class City Permanent Registration Act, or the act
6 of April 29, 1937 (P.L.487, No.115), known as The Permanent
7 Registration Act for Cities of the Second Class, Cities of the
8 Second Class A, Cities of the Third Class, Boroughs, Towns, and
9 Townships.
10 [(b)] (e) Digitized signature lists.--[If] Before a
11 commission is connected to the SURE system, if a commission uses
12 digitized signature lists as the district register, the original
13 registration cards shall be placed in exact alphabetical order
14 by last name of the registrant, indexed and kept at the office
15 of the commission in a manner as to be properly safeguarded.
16 These original cards constitute the general register of the
17 county. They may not be removed from the office of the
18 commission except upon order of a court of record. The
19 commission shall safely retain all registration cards used in
20 the registration of electors or in conducting an election. If a
21 commission has the capability to accept an electronic
22 application, the secretary may require the commission to produce
23 a computer-generated card to file in the general register. If
24 the commission finds a record for a registrant on the computer
25 data base which is not contained in the general register, it
26 shall replace the original card with a computer-generated
27 duplicate card upon written permission from the registrant or
28 upon order of a court of record.
29 [(c)] (f) Duplicate files.--[If] Before a commission is
30 connected to the SURE system, if the commission deems a
20010S1240B1607 - 39 -
1 duplicate file of registration cards necessary for
2 administrative purposes, the commission may prepare a
3 reproduction in compliance with the following:
4 (1) The registration form shall be photographed,
5 microphotographed or reproduced in a manner approved for
6 permanent records by the secretary.
7 (2) The device used to reproduce the card is one which
8 accurately reproduces the original in all details.
9 (3) The photographs, microphotographs or other
10 reproductions are open to public inspection and provision is
11 made for preserving, examining and using them.
12 Section 13. Sections 702, 703, 704 and 705 of the act are
13 amended to read:
14 Section 702. District registers.
15 (a) Registration card file.--
16 (1) Except as provided in subsection (b) and in section
17 [701(b)] 701(e), the original registration cards shall be
18 filed by election districts in exact alphabetical order by
19 last name of the registrant and shall be indexed.
20 (2) The cards constitute the district register.
21 (3) The commission shall provide binders, which are
22 capable of being locked, for filing and indexing the
23 registration cards. The keys to the binders shall at all
24 times be retained by the commission.
25 (4) The district register shall be kept at the office of
26 the commission, except as provided in subsection (b), and
27 shall be open to public inspection, subject to reasonable
28 safeguards and regulations.
29 (b) Computer lists.--
30 (1) [Instead] Before a commission is connected to the
20010S1240B1607 - 40 -
1 SURE system, instead of using registration cards as the
2 district register as provided in subsection (a), a commission
3 may use a computer list or computer-generated cards
4 containing the registered electors arranged by election
5 district, alphabetically by last name of the registrant.
6 [(2)] The computer list or computer-generated cards must
7 be in a form prescribed by the secretary and must contain
8 necessary information that would otherwise be available on
9 the registration cards, including a legible digitized
10 signature of the registrant copied from the signature on the
11 registration card. The district election officials shall have
12 computer printouts at the polling places containing the
13 necessary information needed to verify the identity of the
14 elector. The digitized signature list shall be open to public
15 inspection, subject to reasonable safeguards, rules and
16 regulations.
17 (2.1) After a commission is connected to the SURE
18 system, each commission shall create from its general
19 register a computer list to be used as the district register.
20 For each election district, the list shall contain the names
21 of the registered electors of the election district,
22 alphabetically by last name of each registered elector. Each
23 page of the list shall contain the name of the county, the
24 election district, the date of the election and the date and
25 time the list was prepared. The computer list shall be in a
26 form prescribed by the secretary and must contain necessary
27 information that would otherwise be available in the general
28 register, including a legible digitized or electronic
29 signature, the street address and political party of each
30 registered elector, and suitable space for insertion of the
20010S1240B1607 - 41 -
1 signature of the registered elector and for insertion by the
2 proper election official of the number and letter of the stub
3 of the ballot issued to the registered elector or the
4 registered elector's number in the order of admission to the
5 voting systems and the initials of the election official who
6 enters the record of voting in the district register and
7 whether the elector needs assistance to vote and, if so, the
8 nature of the disability. The district register shall be kept
9 at the office of the commission and shall be open to public
10 inspection, subject to reasonable safeguards, rules and
11 regulations.
12 (3) [A] Before connection to the SURE system, a
13 commission may, during systems conversion periods or
14 emergency conditions, provide for a district register
15 containing the original registration cards. The following
16 apply:
17 (i) The original registration cards shall be filed
18 by election district, in one of the following orders, as
19 determined by the commission:
20 (A) Exact alphabetical order by last name of
21 registrant.
22 (B) Order in which registrants' residences
23 appear upon the streets of the election district, in
24 exact alphabetical order by last name of registrant
25 for each residence.
26 (ii) The district register containing registration
27 cards shall be kept at the office of the commission and
28 shall be open for public inspection, subject to
29 reasonable safeguards and regulations and to the
30 provisions of this act.
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1 (c) [Currency] Accuracy.--It is the duty of the commission
2 to compare and correct the general register and district
3 registers to ensure their accuracy. By noon of the third day
4 preceding an election, the commission shall [have] correct the
5 district register for each election district [and the registry
6 accurately corrected to date] consistent with the information
7 contained in the general register.
8 (d) Delivery.--The commission shall deliver, in the manner
9 required by law for delivery of election materials, the district
10 register to the election officers for use on election day.
11 (e) Form.--District registers shall be enclosed within a
12 case or container and shall be locked and sealed by the
13 commission before delivery. The district register shall have
14 printed or written thereon the words "District Register of
15 [Voters] Electors" and the district and ward, if any.
16 (f) Examination.--Immediately following each election, the
17 commission shall cause each district register to be examined.
18 The commission specifically shall compare the signature of each
19 elector on each voter's certificate with his signature in the
20 district register and shall report in writing to the district
21 attorney any evidence or indication of probable fraud,
22 impersonation or forgery which may appear to the commission by
23 reason of the comparison. In the case of any elector whom the
24 election officers shall have recorded as removed, deceased, or
25 challenged and prevented from voting, the commission shall
26 ascertain the facts and shall correct the general and district
27 registers in accordance with Chapter 9.
28 Section 703. Street lists.
29 (a) Preparation.--Commencing not later than the 15th day
30 prior to each election, [the registration] each commission shall
20010S1240B1607 - 43 -
1 prepare for each election district a list of the names and
2 addresses of all registered electors as of that date resident in
3 the district. The list may not include the digitized or
4 electronic signature of a registered [voter] elector. The list
5 shall be arranged in one of the following manners:
6 (1) By streets and house numbers.
7 (2) Alphabetically by last name of [registrant] each
8 registered elector.
9 (3) In a manner whereby the location of the elector's
10 residence can be identified.
11 (b) Copies.--The commission shall retain two copies of the
12 list under subsection (a) on file at its office and forward one
13 copy of the list under subsection (a) to the department. These
14 copies shall be available for public inspection during business
15 hours, subject to reasonable safeguards and regulations.
16 (c) Distribution.--The department and each commission shall
17 distribute the list under subsection (a) upon request as
18 follows:
19 (1) To officials concerned with the conduct of
20 elections.
21 (2) To political parties and political bodies.
22 (3) To candidates.
23 (d) Organizations.--The commission may, for a reasonable fee
24 [approved by the secretary], distribute the list under
25 subsection (a), to organized bodies of citizens.
26 Section 704. Public information lists.
27 (a) Establishment.--
28 (1) The [registration] commission shall provide for
29 computer inquiries concerning individual registered [voters]
30 electors. With respect to each [voter] registered elector who
20010S1240B1607 - 44 -
1 is the subject of an inquiry, the information provided shall
2 contain the name, address, date of birth and voting history.
3 Upon request, the commission shall supply a printed record
4 for each such [voter] elector subject to the provisions of
5 this act. In addition, the commission may make available for
6 inspection a printed or computerized public information list
7 containing the name, address, date of birth and voting
8 history of each registered [voter] elector in the county.
9 (2) The list may also include information on voting
10 districts.
11 (3) The list may not contain the digitized or electronic
12 signature or SURE registration number of the registered
13 elector.
14 (b) Access.--
15 (1) The secretary may promulgate reasonable regulations
16 governing access to the list.
17 (2) No individual inspecting the list may tamper with or
18 alter it.
19 (3) No individual who inspects the list or who acquires
20 names of registered [voters] electors from the list may use
21 information contained in the list for purposes unrelated to
22 elections, political activities or law enforcement. Before
23 inspecting the list or obtaining names of [voters] registered
24 electors or other information from the list, the individual
25 must provide identification to the public official having
26 custody of the public information list and must state in
27 writing that any information obtained from the list will not
28 be used for purposes unrelated to elections, political
29 activities or law enforcement.
30 (c) Copies.--
20010S1240B1607 - 45 -
1 (1) The commission shall provide paper copies of the
2 public information lists and may provide copies in some other
3 form to any [voter] registered elector in this Commonwealth
4 within ten days of receiving a written request accompanied by
5 payment of the cost of reproduction and postage. The cost of
6 the copies shall be determined by the office providing
7 copies.
8 (2) An individual who inspects or acquires a copy of a
9 public information list may not use any information contained
10 in it for purposes unrelated to elections, political
11 activities or law enforcement.
12 Section 705. Retention of records.
13 (a) Computer lists.--Each commission shall preserve
14 [computer lists used as] district registers for at least five
15 years in the manner, form and time frame established by the
16 department.
17 (b) Records.--
18 (1) The department and each commission shall preserve
19 for two years and shall make available for public inspection
20 and, where available, photocopying at a reasonable cost all
21 records concerning the implementation of programs and
22 activities conducted for the purposes of ensuring the
23 accuracy and currency of official lists of [eligible voters]
24 registered electors, except to the extent that the records
25 relate to a declination to register to vote or to the
26 identity of a voter registration agency through which any
27 particular [voter] qualified elector is registered.
28 (2) The records preserved under paragraph (1) shall
29 include lists of the names and addresses of all [individuals]
30 electors to whom notices described in section 901 are sent,
20010S1240B1607 - 46 -
1 and information concerning whether or not the individual has
2 responded to the notice as of the date that inspection of the
3 record is made.
4 (c) Original and existing records.--After a commission is
5 connected to the SURE system, the registration cards and
6 applications utilized under this act, under prior versions of
7 this act under the former act of March 30, 1937 (P.L.115,
8 No.40), known as The First Class City Permanent Registration
9 Act, or under the former act of April 29, 1937 (P.L.487,
10 No.115), known as The Permanent Registration Act for Cities of
11 the Second Class, Cities of the Second Class A, Cities of the
12 Third Class, Boroughs, Towns, and Townships, shall be placed in
13 alphabetical order by last name of the registered elector,
14 indexed and kept at the office of the commission in a manner as
15 to be properly safeguarded. They may not be removed from the
16 office of the commission except upon order of a court of record.
17 The commission shall safely retain all registration cards used
18 in the registration of registered electors for a period of five
19 years after connection at which time they may be destroyed.
20 Section 14. Sections 901, 902 and 903 of the act, amended
21 June 25, 2001 (P.L.674, No.61), are amended to read:
22 Section 901. Removal notices.
23 (a) Form.--
24 (1) The commission shall make removal notices available
25 to electors who are registered in the county.
26 (2) The notice shall be printed upon cards suitable for
27 mailing, addressed to the office of the commission. The
28 notice shall provide the following information:
29 (i) The address of present residence, including
30 municipality.
20010S1240B1607 - 47 -
1 (ii) The address of last registration, including
2 municipality.
3 (iii) Date of removal to present residence.
4 (iv) Signature.
5 (3) The notice shall contain a statement that the
6 registered elector may, by filling out properly and signing a
7 removal notice and returning it to the office of the
8 commission, secure the transfer of registration effective as
9 to elections at least 30 days after the date of removal into
10 the new district.
11 (4) The notice shall contain a warning to the registered
12 elector that the notice will not be accepted as an
13 application for transfer of the elector's registration unless
14 the signature thereon can be identified by the commission as
15 the elector's signature as it appears on file with the
16 commission.
17 (5) The notice shall contain a warning to the registered
18 elector that the notice must be received by the commission
19 not later than 30 days before the election. If mailed, the
20 notice must be postmarked not later than the deadline for
21 registration or, in the case of an illegible or missing
22 postmark, received within five days of the close of
23 registration.
24 (b) Use.--[An] A registered elector who removes residence
25 from one place to another within the same county must notify the
26 commission by filing a removal notice under subsection (a), or a
27 signed request for renewal that contains the information
28 required in subsection (a), with the commission not later than
29 the registration deadline before the election. If mailed, the
30 notice or request must be postmarked not later than the deadline
20010S1240B1607 - 48 -
1 for registration or, in the case of an illegible or missing
2 postmark, received within five days of the close of
3 registration. The following apply:
4 (1) An official registration application of an elector
5 who has registered by mail qualifies as a removal notice.
6 (2) [An] A registered elector who removes residence from
7 one place to another within the same county and who has not
8 yet filed a removal notice with the commission shall be
9 permitted to vote once at the elector's former polling place
10 following removal if, at the time of signing the voter's
11 certificate, the elector files with the judge of election a
12 signed removal notice properly filled out. Removal notices
13 under this paragraph shall be returned to the commission with
14 the voting check list, and the commission shall proceed to
15 transfer the registration of the electors under section 902
16 and shall promptly update information contained in its
17 registration records. [An] A registered elector may vote in
18 the election district of the elector's former residence no
19 more than one time following the elector's removal.
20 (3) A registered elector who removes residence from one
21 county to another county and who is not registered to vote in
22 the new county of residence shall be permitted to vote in the
23 election district in the former county of residence if, at
24 the time of signing the elector's certificate, the elector
25 files with the judge of election a signed affirmation
26 declaring the elector's new residence. [An] A registered
27 elector may vote in the election district of the elector's
28 former residence no more than one time following the
29 elector's removal. Affirmations made under this paragraph
30 shall be returned to the commission of the elector's former
20010S1240B1607 - 49 -
1 county of residence with the voting checklist, and that
2 commission shall proceed to transfer the registration of the
3 elector under section 902. Upon receipt of the transfer
4 notice, the commission of the elector's new county of
5 residence shall immediately process the transfer of the
6 elector in accordance with section [528(d)(3)] 528. Both
7 commissions shall promptly update information contained in
8 their registration records.
9 Section 902. Transfer of registration.
10 (a) General rule.--Upon timely receipt of notification of
11 removal under section 901(b), the [registration] commission
12 shall proceed as follows:
13 (1) The signature on the notification document shall be
14 compared with the signature of the registered elector as it
15 appears on file with the commission.
16 (2) If the signature appears authentic, the commission
17 shall enter the change of residence [on the registration card
18 of the elector in the general register and district register
19 and shall transfer the registration card of the elector from
20 the district register of the election district of previous
21 residence to the district register of the election district
22 of new residence] on the registered elector's registration
23 records.
24 (3) If a request for transfer which is determined to be
25 authentic under paragraph (2) shows a removal within the
26 period of 30 days preceding an election, the commission,
27 after such election, shall enter the change of residence [on
28 the registration card of the elector in the general register
29 and district register and shall transfer the registration
30 card of the elector from the district register of the
20010S1240B1607 - 50 -
1 election district of previous residence] on the registered
2 elector's registration records. The commission shall advise
3 the registered elector promptly in writing of its action.
4 (4) When a registered elector has filed with a
5 commission a notice that the elector has moved from the
6 county to another county, if the signature appears authentic,
7 the commission shall enter the change of residence on the
8 elector's registration records, cancel the registration of
9 the elector and notify the commission of the elector's new
10 county of residence to register the elector. Upon receipt of
11 the transfer notice, the commission of the elector's new
12 county of residence shall immediately process the transfer of
13 the elector in accordance with section [528(d)(3)] 528.
14 (5) If a request for transfer which is determined to be
15 authentic under paragraph (4) shows a removal within the
16 period of 30 days preceding an election, the commission,
17 after such election, shall enter the change of residence on
18 the elector's registration records, cancel the registration
19 of the elector and notify the commission of the elector's new
20 county of residence to register the elector. Upon receipt of
21 the transfer notice, the commission of the elector's new
22 county of residence shall immediately process the transfer of
23 the elector in accordance with section [528(d)(3)] 528.
24 (6) A commission shall promptly update information
25 contained in its registration records.
26 (b) Electors unable to write.--[An] A registered elector who
27 is unable to sign the notification document may affix a mark to
28 the notification document. The mark must be affixed in the
29 presence of a witness who must sign the notification document.
30 Section 903. Change of enrollment of political party.
20010S1240B1607 - 51 -
1 By the deadline for registration, a registered [voter]
2 elector who desires to change the enrollment of political
3 designation or who, although registered, has not previously
4 enrolled as a member of a party may appear before a
5 commissioner, registrar or clerk or may submit an application by
6 mail under section 524 and state in a signed writing the
7 political party in which the [voter] registered elector desires
8 to be enrolled. If the signature of the elector is verified by
9 comparison with the registered elector's signature as it appears
10 on file with the commission, the commissioner, registrar or
11 clerk shall make the change in [the general register and
12 district register. The commission shall also promptly update the
13 information contained in] its registration records. If supported
14 by other evidence of identity, a mark may be made in lieu of a
15 signature by [an] a registered elector who is unable to write.
16 The mark must be made in the presence of a witness who must sign
17 the registration application.
18 Section 15. The act is amended by adding a section to read:
19 Section 913. Conversion of registration records.
20 The department shall convert the registration records of each
21 commission in accordance with section 322. In converting the
22 registration records of each commission, the department shall
23 assign each registered elector a SURE registration number which
24 the commission shall add to the registration records of the
25 registered elector.
26 Section 16. Sections 1301(a), 1502, 1505, 1507(a), 1509,
27 1511, 1512 and 1701 of the act are amended to read:
28 Section 1301. Court of common pleas.
29 (a) Standing.--The following have standing to appeal an
30 action of a [registration] commission to the appropriate court
20010S1240B1607 - 52 -
1 of common pleas:
2 (1) An [individual] applicant whose claim for
3 registration has been denied.
4 (2) An individual whose registration has been canceled
5 by the commission.
6 (3) A qualified elector of a municipality whose rights
7 are impaired by any general order made by the commission.
8 * * *
9 Section 1502. Registration.
10 (a) Improper.--A registrar, commissioner or clerk who
11 knowingly registers or permits the registration of an
12 [individual] applicant not lawfully entitled to be registered
13 commits a misdemeanor of the first degree and shall, upon
14 conviction, be sentenced to pay a fine of not more than $10,000
15 or to imprisonment for not more than five years, or both.
16 (b) Denial.--A registrar, commissioner or clerk who, without
17 reasonable cause, refuses to register [an individual] a
18 qualified elector lawfully entitled to be registered commits a
19 misdemeanor of the first degree and shall, upon conviction, be
20 sentenced to pay a fine of not more than $10,000 or to
21 imprisonment for not more than five years, or both.
22 Section 1505. Votes.
23 (a) Prohibition.--An election officer may not do any of the
24 following:
25 (1) Knowingly refuse the vote of a registered [and
26 qualified] elector.
27 (2) Knowingly accept the vote of [a person] an
28 individual not registered under this act. This paragraph does
29 not apply to a person in actual military service or [a
30 person] an individual having an order of court.
20010S1240B1607 - 53 -
1 (3) Knowingly receive a vote from a person falsely
2 claiming to be a registered [voter] elector.
3 (b) Penalty.--A person who violates subsection (a) commits a
4 misdemeanor of the first degree and shall, upon conviction, be
5 sentenced to pay a fine of not more than $10,000 or to
6 imprisonment for not more than five years, or both.
7 Section 1507. Official documents and electronic records.
8 (a) Prohibition.--A person may not do any of the following:
9 (1) Intentionally insert or permit to be inserted a
10 material entry in any registration card, the SURE system,
11 street list, affidavit, petition, subpoena, certificate,
12 report or other record, authorized or required by this act to
13 be made or prepared for a purpose set forth in this act,
14 which entry is not in accordance with this act.
15 (2) Intentionally materially alter or intentionally
16 destroy an entry which has been made in any registration
17 card, the SURE system, street list, affidavit, petition,
18 subpoena, certificate, report or other record, authorized or
19 required by this act to be made or prepared for a purpose set
20 forth in this act, which alteration or destruction is not in
21 accordance with this act.
22 (3) Remove a record from lawful custody with the intent
23 to prevent the record from being used, inspected or copied.
24 (4) Access the SURE system, its component parts, or any
25 other official documents or records without lawful
26 authorization or with the intent to publicize or otherwise
27 unlawfully misuse the equipment or information contained
28 therein.
29 * * *
30 Section 1509. Law enforcement assistance.
20010S1240B1607 - 54 -
1 A law enforcement officer who, upon demand of any
2 commissioner or inspector of registration, or of the secretary,
3 fails to render demanded assistance in the maintenance of peace
4 and in the making of arrests without warrant as provided in this
5 act or who intentionally hinders or attempts to hinder any
6 commissioner or inspector of registration in the performance of
7 a duty commits a misdemeanor of the second degree and shall,
8 upon conviction, be sentenced to pay a fine of not more than
9 $5,000 or to imprisonment for not more than two years, or both.
10 Section 1511. Preventing registration.
11 (a) Prohibition.--No person may do any of the following:
12 (1) Knowingly and intentionally prevent [an individual]
13 an applicant who is a qualified elector from being
14 registered.
15 (2) By coercion, threats of bodily injury or
16 intimidation, intentionally prevent or attempt to prevent [an
17 individual] an applicant who is a qualified elector from
18 being registered or a registered elector from changing
19 political enrollment in accordance with the provisions of
20 this act.
21 (3) Intentionally give or promise or offer to give money
22 or goods to an individual as an inducement for the individual
23 to enroll in a particular party or for a registrant to change
24 political enrollment.
25 (4) Prevent a record from being used, inspected or
26 copied.
27 (b) Penalty.--A person who violates subsection (a) commits a
28 misdemeanor of the first degree and shall, upon conviction, be
29 sentenced to pay a fine of not more than $10,000 or to
30 imprisonment for not more than five years, or both.
20010S1240B1607 - 55 -
1 Section 1512. Approval of registration.
2 (a) Prohibition.--A person may not do any of the following:
3 (1) Intentionally alter a party designation [on a
4 registration card under section 528(c)] without a request
5 from the registered elector.
6 (2) Intentionally fail to make a transmission under
7 section [528(d)] 528.
8 (b) Penalty.--A person who violates subsection (a) commits a
9 misdemeanor of the third degree and shall, upon conviction, be
10 sentenced to pay a fine of $2,500 or to imprisonment for not
11 more than one year, or both.
12 Section 1701. Attorney General.
13 (a) Investigation.--The secretary shall investigate alleged
14 violations of sections 523 and 525 and report apparent
15 violations to the Attorney General.
16 (b) Prosecution.--Under section 205(a)(6) of the act of
17 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
18 Attorneys Act, the Attorney General shall have prosecutorial
19 jurisdiction over violations reported under subsection (a).
20 (c) Notifications.--The Attorney General shall notify the
21 State Treasurer in accordance with section 1704(b) if the
22 secretary fails to notify the State Treasurer as required by
23 section 1703(b).
24 Section 17. Sections 1703, 1704, 1901, 1902 and 1904 of the
25 act, amended or added June 25, 2001 (P.L.674, No.61), are
26 amended to read:
27 Section 1703. Power of department.
28 (a) General rule.--The department shall have the authority
29 to take any actions, including the authority to audit the
30 registration records of a commission, which are necessary to
20010S1240B1607 - 56 -
1 ensure compliance and participation by the [counties.]
2 commissions.
3 (b) Notifications.--The secretary shall notify the State
4 Treasurer to withhold funds in accordance with section 1704(b)
5 if a commission fails or refuses to comply with the provisions
6 of this act.
7 Section 1704. Relief.
8 (a) Injunctive.--In the event that a commission fails to
9 adhere to any provision of this act, the secretary is authorized
10 to seek declaratory and injunctive relief in Commonwealth Court.
11 (b) Withholding of appropriations.--In accordance with
12 sections 1701 and 1703 and in addition to any remedy provided in
13 subsection (a), the State Treasurer shall, upon notification,
14 withhold any part or all of the State appropriations to which a
15 county is entitled, including funding for the court of common
16 pleas but excluding funding for human services, if the
17 commission of the county fails or refuses to comply with the
18 provisions of this act.
19 Section 1901. Removal of [voters] electors.
20 (a) Removal of elector's registration record.--Commissions
21 shall institute a program to protect the integrity of the
22 electoral process and to ensure the maintenance of accurate and
23 current [voter] registration records. The program shall be
24 uniform, nondiscriminatory and in compliance with the Voting
25 Rights Act of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et
26 seq.). An elector's registration shall not be canceled except as
27 follows:
28 (1) At the request of the elector.
29 (2) Upon the death of the elector under section 905.
30 (3) Upon confirmation that the elector has moved to a
20010S1240B1607 - 57 -
1 residence outside the county.
2 (4) Under a voter removal program as provided for under
3 subsection (b) and in compliance with the National Voter
4 Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
5 1973gg et seq.).
6 (b) Voter removal program.--
7 (1) [The] Each commission shall establish a program to
8 identify registered electors whose address may have changed
9 by establishing one of the following programs:
10 (i) National change of address. The secretary shall
11 establish by regulation a program whereby information
12 supplied by the United States Postal Service through its
13 licensees is used on a periodic basis, but not less than
14 once every calendar year, to identify registered electors
15 who may have changed addresses. The information shall be
16 incorporated in the SURE system and shall be forwarded to
17 the commissions in a manner determined by the secretary
18 by regulation.
19 (A) If it appears from the information provided
20 through the United States Postal Service that an
21 elector has moved to a different residence address
22 within the same county as the elector is currently
23 registered, the commission shall change the
24 registration records to show the new address and
25 shall send the elector, to the address recorded on
26 the elector's registration, a notice of the change of
27 address by forwardable mail and a postage prepaid,
28 preaddressed return form by which the elector may
29 verify or correct the address information.
30 (B) If it appears from the information provided
20010S1240B1607 - 58 -
1 through the United States Postal Service that [an] a
2 registered elector has moved to a different residence
3 address outside the county, the commission shall use
4 the notice procedure described in clause (A).
5 (ii) Confirmation mailing:
6 (A) A commission may establish a program by
7 sending a direct, nonforwardable first class "return
8 if undeliverable - address correction requested"
9 mailing to all registered electors in the county.
10 (B) If this program is established, the
11 commission shall use the notice procedure described
12 in subparagraph (i)(A) for any registered elector
13 whose mailing is returned undeliverable.
14 (2) In conjunction with and not as an alternative to a
15 program established under paragraph (1), a commission may use
16 a canvass [may be used] as follows:
17 (i) The [registration] commission may, by
18 commissioners or by inspectors of registration, verify
19 the registration in an election district by visiting the
20 building from which an elector is registered and other
21 buildings as the commission deems necessary.
22 (ii) The commission shall make a record of the name
23 and address of each registered elector who is found not
24 to reside at the registered address or who for any other
25 reason appears to be not qualified to vote in the
26 registered election district.
27 (iii) The commission shall leave at the address of
28 each [person] registered elector referred to in
29 subparagraph (ii) a notice requiring him to communicate
30 with the commission on or before a date which the
20010S1240B1607 - 59 -
1 commission shall designate, and which shall be not less
2 than seven days and not more than 15 days from the date
3 of the notice and in any case not later than the 15th day
4 preceding the election next ensuing, and satisfy the
5 commission of his qualifications as an elector. The
6 commission shall cause a confirmation of each such notice
7 to be sent by mail promptly to [such person] the
8 registered elector at the address from which he is
9 registered. The envelope containing such information is
10 to be plainly marked that it is not to be forwarded. At
11 the expiration of the time specified in the notice, the
12 commission shall cancel the registration of [such person]
13 the registered elector who has not communicated with the
14 commission and proved his qualifications as [an] a
15 registered elector.
16 (iv) To facilitate the canvass under this section,
17 [the] a commission may, when necessary, appoint special
18 inspectors of registration, in number not exceeding
19 double the number of election districts being canvassed.
20 (v) Special inspectors must be [qualified]
21 registered electors of the county. They shall be
22 appointed without reference to residence in election
23 districts or to political affiliations or beliefs. The
24 commission shall instruct special inspectors in their
25 duties. Special inspectors have the powers conferred by
26 this act upon inspectors of registration.
27 (3) In conjunction with and not as an alternative to a
28 program established under paragraph (1), [the] a commission
29 shall send a notice pursuant to subsection (d) to any
30 registered elector who has not voted nor appeared to vote
20010S1240B1607 - 60 -
1 during the period beginning five years before the date of the
2 notice and ending on the date of the notice and for whom the
3 board of elections did not during that period in any other
4 way receive any information that the [voter] elector still
5 resides in the [registered] election district.
6 (4) [Commissions] A commission shall complete, not later
7 than 90 days before each [primary] municipal or general
8 election, at least once per year the voter removal programs
9 under this section and shall promptly update information
10 contained in its registration records. This paragraph shall
11 not be construed to preclude any of the following:
12 (i) Cancellation of an elector's registration as
13 provided for under subsection (a)(1) or (2).
14 (ii) Correction of registration records in
15 accordance with this act.
16 (c) Identification of inactive [voters] electors.--A
17 commission shall mark an "I" on the registration [card] records
18 of each registered elector who has been mailed a form under
19 subsection (b)(1) or (3) and has failed to respond, which shall
20 be included with all other registration [cards] records for that
21 polling site and located at the [individual's] elector's polling
22 site on the day of the election. The commission shall promptly
23 update the information contained in its registration records.
24 (d) Cancellation of registration.--
25 (1) A commission shall not cancel the registration of
26 [an] a registered elector on the ground that the registered
27 elector has changed residence unless any of the following
28 apply:
29 (i) The registered elector confirms in writing that
30 the elector has changed residence to a location outside
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1 the county in which the elector is registered.
2 (ii) The registered elector:
3 (A) has failed to respond to a notice described
4 in paragraph (2); and
5 (B) has not voted nor appeared to vote and, if
6 necessary, corrected the commission's record of the
7 elector's address, in an election during the period
8 beginning on the date of the notice and ending on the
9 day after the date of the second general election for
10 Federal office that occurs after the date of the
11 notice.
12 (2) A notice, as required in paragraph (1)(ii), is
13 acceptable if it is a postage prepaid and preaddressed return
14 card, sent by forwardable mail, on which the registered
15 elector may state the elector's current address, if it
16 contains a notice as follows:
17 (i) The notice must state all of the following:
18 (A) If the registered elector did not change
19 residence or changed residence but still resides in
20 the county, the elector must return the card not
21 later than 30 days prior to the next election. If the
22 card is not returned, affirmation or confirmation of
23 the elector's address may be required before the
24 elector is permitted to vote in an election during
25 the period beginning on the date of the notice and
26 ending on the day after the date of the second
27 general election for Federal office that occurs after
28 the date of the notice. If the elector does not vote
29 in an election during that period, the elector's
30 registration shall be canceled.
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1 (B) If the registered elector has changed
2 residence to a place outside the county in which the
3 elector is registered, information shall be provided
4 concerning how the elector can register in the new
5 county of residence.
6 (ii) The notice must state the date of the notice,
7 the date of the next election and the date of the second
8 general election for Federal office occurring after the
9 date of the notice.
10 (3) The commission shall correct registration records in
11 accordance with change of residence information obtained in
12 conformance with this subsection. The commission shall also
13 promptly update its registration records.
14 Section 1902. Procedure for voting following failure to return
15 notification card.
16 (a) Same county.--
17 (1) [An] A registered elector who has moved from an
18 address in the county covered by a polling place to an
19 address covered by the same polling place shall,
20 notwithstanding failure to notify the commission prior to the
21 date of an election, be permitted to vote in that polling
22 place upon written affirmation by the elector of the change
23 of address before an election official at that polling place.
24 (2) [An] A registered elector who has moved from one
25 address in the county to another address in the same county
26 covered by a different polling place and who has failed to
27 notify the commission of the change of address prior to the
28 date of an election shall be permitted to correct the voting
29 records and vote at the elector's former polling place upon
30 written affirmation by the elector of the new address before
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1 an election official at the former polling place.
2 (b) Different county.--[An] A registered elector who has
3 moved from one county to another county and who has failed to
4 notify the commission of the change of address prior to the date
5 of the election shall be permitted to correct the voting records
6 and vote at the elector's former polling place upon written
7 affirmation by the elector of the new address before an election
8 official at the former polling place. Upon receipt of the
9 written affirmation, the commission shall follow the procedures
10 in this act for change of address to a new county and shall
11 update information contained in its registration records.
12 Section 1904. Files.
13 (a) Cancellation.--If the registration of [an] a registered
14 elector is canceled, the [registration] commission shall mark on
15 [the] all registration [cards] records of the elector the word
16 "canceled" and the date and cause of cancellation. The
17 commission shall remove [the card from the general register and
18 the district register] any registration records pertaining to
19 the elector. Removed [cards] records shall be retained separate
20 from registered electors for five years. The commission shall
21 promptly update information contained in its registration
22 records.
23 (b) Nonessential records.--Records which are not essential
24 for maintaining the current status of a [qualified] registered
25 elector may be destroyed by the commission three years from the
26 date the commission marks them as nonessential.
27 Section 18. The Secretary of the Commonwealth shall
28 promulgate regulations to establish and implement the SURE
29 system in accordance with section 322 and to implement this act.
30 The promulgation of regulations under this section shall be
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1 exempt from:
2 (1) section 204(b) of the act of October 15, 1980
3 (P.L.950, No.164), known as the Commonwealth Attorneys Act;
4 and
5 (2) the act of June 25, 1982 (P.L.633, No.181), known as
6 the Regulatory Review Act.
7 Section 19. (1) The provisions of 62 Pa.C.S. shall apply to
8 the implementation of Ch. 3 Subch. B of the act except as
9 provided in this section.
10 (2) If a bidder or offeror, a prospective bidder or
11 offeror or a prospective contractor is aggrieved in
12 connection with the solicitation or award of the contract, he
13 may protest to the head of the purchasing agency in writing.
14 (3) If the protestant is a bidder or offeror or a
15 prospective contractor, the protest shall be filed with the
16 head of the purchasing agency within seven days after the
17 aggrieved bidder or offeror or prospective contractor knew or
18 should have known of the facts giving rise to the protest
19 except that in no event may a protest be filed later than
20 seven days after the date the contract was awarded. If the
21 protestant is a prospective bidder or offeror, a protest
22 shall be filed with the head of the purchasing agency prior
23 to the bid opening time or the proposal receipt date. If a
24 bidder or offeror, a prospective bidder or offeror, or a
25 prospective contractor fails to file a protest or files an
26 untimely protest, the bidder or offeror, the prospective
27 bidder or offeror, or the prospective contractor shall be
28 deemed to have waived its right to protest the solicitation
29 or award of the contract in any forum. Untimely filed
30 protests shall be disregarded by the purchasing agency.
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1 (4) A protest shall state all grounds upon which the
2 protestant asserts the solicitation or award of the contract
3 was improper. The protestant may submit with the protest any
4 documents or information it deems relevant to the protest.
5 (5) Within 15 days of receipt of a protest, the
6 contracting officer may submit to the head of the purchasing
7 agency and the protestant a response to the protest,
8 including any documents or information he deems relevant to
9 the protest. The protestant may file a reply to the response
10 within ten days of the date of the response.
11 (6) The head of the purchasing agency or his designee
12 shall review the protest and any response or reply and may
13 request and review such additional documents or information
14 he deems necessary to render a decision, and may, at his sole
15 discretion, conduct a hearing. The head of the purchasing
16 agency or his designee shall provide to the protestant and
17 the contracting officer a reasonable opportunity to review
18 and address any additional documents or information deemed
19 necessary by the head of the purchasing agency or his
20 designee to render a decision.
21 (7) Upon completing an evaluation of the protest in
22 accordance with paragraph (6), the head of the purchasing
23 agency or his designee shall issue a written determination
24 stating the reasons for the decision. The determination shall
25 be issued within 60 days of the receipt of the protest unless
26 extended by consent of the head of the purchasing agency and
27 the protestant. The determination shall be the final order of
28 the purchasing agency. If the head of the purchasing agency
29 or his designee determines that the solicitation or award of
30 the contract was contrary to law, he may enter an order
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1 authorized by 62 Pa.C.S. Ch. 17 Subch. D.
2 (8) Within 15 days of the mailing date of a final
3 determination denying a protest, a protestant may file an
4 appeal with the Commonwealth Court. Issues not raised by the
5 protestant before the purchasing agency are deemed waived and
6 may not be raised before the court.
7 (9) The record of determination for review by the court
8 shall consist of the solicitation or award; the contract, if
9 any; the protest and any response, reply or any additional
10 documents or information considered by the head of the
11 purchasing agency or his designee; the hearing transcript and
12 exhibits, if any; and the final determination.
13 (10) The court shall hear the appeal, without a jury, on
14 the record of determination certified by the purchasing
15 agency. The court shall affirm the determination of the
16 purchasing agency unless it finds from the record that the
17 determination is arbitrary and capricious, an abuse of
18 discretion or is contrary to law.
19 (11) If the determination is not affirmed, the court may
20 enter any order authorized by 42 Pa.C.S. § 706, provided,
21 that if the court determines that the solicitation or award
22 of the contract is contrary to law, then the remedy the court
23 shall order is limited to canceling the solicitation or award
24 and declaring void any resulting contract.
25 (12) In the event a protest is filed timely under this
26 section and until the time has elapsed for the protestant to
27 file a petition for review in Commonwealth Court, the
28 purchasing agency may elect not to proceed further with the
29 solicitation or with the award of the contract.
30 (13) This section shall be the exclusive procedure for
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1 protesting a solicitation or award of the contract by a
2 bidder or offeror, a prospective bidder or offeror, or a
3 prospective contractor that is aggrieved in connection with
4 the solicitation or award of the contract. The provisions of
5 2 Pa.C.S. shall not apply to this section.
6 Section 20. Section 18 shall expire on December 31, 2002.
7 Section 21. This act shall take effect as follows:
8 (1) This section and sections 4, 18 and 19 of this act
9 shall take effect immediately.
10 (2) The remainder of this act shall take effect in 45
11 days.
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