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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1597, 1607               PRINTER'S NO. 1896

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 15, 2002

                                     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  AMENDING TITLE 25 (ELECTIONS) OF THE PENNSYLVANIA CONSOLIDATED    <--
    25     STATUTES, FURTHER PROVIDING FOR ADVISORY BOARD OF THE
    26     STATEWIDE UNIFORM REGISTRY OF ELECTORS.

    27     The General Assembly of the Commonwealth of Pennsylvania
    28  hereby enacts as follows:

     1     Section 1.  The definitions of "district register," "general   <--
     2  register," "qualified elector," "registrant," "registration
     3  records" and "Statewide Uniform Registry of Electors," or "SURE
     4  system" in section 102 of the act of June 30, 1995 (P.L.170,
     5  No.25), known as the Pennsylvania Voter Registration Act, added
     6  June 25, 2001 (P.L.674, No.61), are amended to read:
     7  Section 102.  Definitions.
     8     The following words and phrases when used in this act shall
     9  have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     * * *
    12     ["District register."  The registration cards or digitized
    13  signature list containing the list of qualified electors:
    14         (1)  arranged, by election district, alphabetically by
    15     last name of the registrant; and
    16         (2)  prepared by the commission under section 702.]
    17     "District register."  The list of registered electors
    18  prepared by the commission under section 702.
    19     * * *
    20     ["General register."  The registration record of a county
    21  containing at a minimum all information required on a
    22  registration application and a registration card for all
    23  registered electors in the county.]
    24     "General register."  The list of registered electors prepared
    25  by the commission under section 701.
    26     * * *
    27     "Qualified elector."  An [individual] applicant who possesses
    28  all of the qualifications for voting prescribed by the
    29  Constitution of Pennsylvania and the laws of this Commonwealth
    30  or who, being otherwise qualified by continued residence in the
    20010S1240B1896                  - 2 -

     1  election district, obtains such qualifications before the next
     2  ensuing election. The term does not include a military elector.
     3     ["Registrant."  An] "Registrant" or "registered elector."  A
     4  qualified elector who is registered to vote in accordance with
     5  this act.
     6     * * *
     7     "Registration records."  The general register, district
     8  register and any other record of registration [of electors]
     9  maintained by a [county. If provided in regulations promulgated
    10  under this act, the] commission. The term [shall also refer to]
    11  includes any record maintained by the [county] commission on the
    12  Statewide Uniform Registry of Electors.
    13     * * *
    14     "Statewide Uniform Registry of Electors" or "SURE system."
    15  The integrated voter registration system [containing a data
    16  base] of all registered electors in this Commonwealth
    17  established by Subchapter B of Chapter 3 of this act.
    18     Section 2.  Section 301 of the act, amended June 25, 2001
    19  (P.L.674, No.61), is amended to read:
    20  Section 301.  Departmental responsibilities.
    21     The department shall do all of the following:
    22         (1)  Provide for applicants to submit their voter
    23     registration application to the commission, the Department of
    24     Transportation and other agencies designated in section 525.
    25         (2)  Prescribe a procedure for the return of completed
    26     voter registration applications from the Department of
    27     Transportation, the Department of Public Welfare, armed
    28     forces recruitment centers, Offices of the Clerk of Orphan's
    29     Court and all other offices under this act to the secretary
    30     or the appropriate commission.
    20010S1240B1896                  - 3 -

     1         (3)  Develop [and establish], establish, implement and
     2     administer a Statewide Uniform Registry of Electors [subject
     3     to the requirements of section 321] in accordance with
     4     Subchapter B.
     5         (4)  Promulgate regulations necessary to administer this
     6     act.
     7     Section 3.  Section 303(a), (h) and (k) of the act, amended
     8  June 25, 2001 (P.L.674, No.61), are amended and the section is
     9  amended by adding a subsection to read:
    10  Section 303.  Commissions.
    11     (a)  Establishment.--A [registration] commission is
    12  established in each county. The commission has jurisdiction over
    13  the registration of applicants, qualified electors and
    14  registered electors of the county under this act.
    15     * * *
    16     (h)  Errors.--A commission [has the power to] shall correct
    17  an error or irregularity in registration and [to] cancel the
    18  registration of an individual whom it finds to be improperly
    19  registered, subject only to this act. Written notice [must]
    20  shall be mailed or delivered to each individual whose
    21  registration is canceled. Whenever a registered elector's name
    22  is changed for any reason, [that] the registered elector's SURE
    23  registration number shall remain the same, and the file shall
    24  reflect the former name change to the new name. [A commission
    25  shall promptly update information contained in its registration
    26  records with regard to such errors or irregularities.]
    27     * * *
    28     (k)  Correction of errors.--
    29         (1)  A commission shall correct its registration records
    30     without requiring action of a registered elector in any of
    20010S1240B1896                  - 4 -

     1     the following cases:
     2             (i)  If the mailing address of the registered elector
     3         has been changed by the renaming of a street, the
     4         renumbering of a house or the changing of a post office.
     5             (ii)  If the election district of the registered
     6         elector has been changed through a change in the
     7         boundaries of an election district.
     8         (2)  Notice of action under paragraph (1) shall be mailed
     9     promptly to the affected registered elector.
    10     (l)  Update.--A commission shall promptly update information
    11  contained in its registration records.
    12     Section 4.  Sections 321 and 322 of the act, added June 25,
    13  2001 (P.L.674, No.61), are amended to read:
    14  [Section 321.  Legislative intent.
    15     It is the intent of the General Assembly that a Statewide
    16  system of voter registration be established in this Commonwealth
    17  to ensure the integrity and accuracy of voter registration
    18  records. All commissions shall be linked electronically to a
    19  data base containing information pertaining to all registered
    20  electors in this Commonwealth. The system shall be in a uniform
    21  format and shall be compatible, as far as practicable, with
    22  current technologies employed by the commissions with regard to
    23  voter registration. The system shall, as far as practicable,
    24  preserve the power of the commissions to make determinations as
    25  to the qualifications of electors. When commissions fail to
    26  perform the duties imposed by this act, the department shall be
    27  empowered to enforce compliance.]
    28  Section 322.  [Establishment of] SURE system.
    29     (a)  Establishment.--The department shall develop and
    30  [implement] establish a Statewide Uniform Registry of Electors
    20010S1240B1896                  - 5 -

     1  [containing a data base of all registered electors in this
     2  Commonwealth] to be known as the SURE system.
     3     (b)  Advisory board.--
     4         (1)  The secretary shall form an advisory board to
     5     [assist the department in determining and identifying the      <--
     6     necessary elements and requirements of the SURE system.
     7         (2)  The secretary shall appoint nine directors of
     8     elections, one from each class of counties, and shall appoint
     9     three county commissioners, each from a different class of
    10     counties from a list submitted by the County Commissioners
    11     Association of Pennsylvania. The advisory board shall also be
    12     comprised of four members of the General Assembly who have
    13     been appointed to the Joint Select Committee on Election
    14     Reform pursuant to House Resolution 14 of 2001 as follows:
    15             (i)  Two members of the House of Representatives, one
    16         of whom shall be a member of the minority party
    17         recommended by the Minority Leader, appointed by the
    18         Speaker of the House of Representatives.
    19             (ii)  Two members of the Senate, one of whom shall be
    20         a member of the minority party recommended by the
    21         Minority Leader, appointed by the President pro tempore
    22         of the Senate.
    23         (3)  On or before October 15, 2001, the secretary shall
    24     make a report of the recommendations of the department with
    25     regard to the necessary elements and requirements of the SURE
    26     system. The report shall be submitted to the State Government
    27     Committee of the Senate and the State Government Committee of
    28     the House of Representatives. The recommendations shall
    29     include, but not necessarily be limited to, the following:
    30             (i)  requirements for county participation in the
    20010S1240B1896                  - 6 -

     1         SURE system;
     2             (ii)  access to the SURE system for review and search
     3         capabilities;
     4             (iii)  use of the SURE system as the general register
     5         of a county;
     6             (iv)  use of signatures or other forms of voter
     7         registration identification;
     8             (v)  accuracy, security and protection of all
     9         information in the SURE system and to ensure that
    10         unauthorized entry is not allowed; and
    11             (vi)  usage and compatibility of the various
    12         equipment and technologies currently possessed by the
    13         counties.]
    14     confer with the department regarding the SURE system.
    15         (2)  The advisory board shall be comprised of four
    16     directors of elections who have been appointed as follows:
    17             (i)  Two directors by the Senate, one appointed by
    18         the Minority Leader and one appointed by the President
    19         pro tempore of the Senate.
    20             (ii)  Two directors by the House of Representatives,
    21         one appointed by the Minority Leader and one appointed by
    22         the Speaker of the House of Representatives.
    23     (c)  Requirements.--The SURE system shall be developed as a
    24  single, uniform integrated computer system. All commissions
    25  shall be connected electronically to the SURE system and shall
    26  maintain their registration records in the system. The SURE
    27  system shall, at a minimum, do all of the following:
    28         (1)  Contain a data base of all registered electors in
    29     this Commonwealth.
    30         (2)  Ensure the integrity and accuracy of all
    20010S1240B1896                  - 7 -

     1     registration records in the system by prohibiting
     2     unauthorized entry, modification or deletion of registration
     3     records.
     4         (3)  Assign a unique SURE registration number to each
     5     individual currently registered in this Commonwealth.
     6         (4)  Permit the commissions to add, modify and delete
     7     information in the system as is necessary and appropriate.
     8         (5)  Permit each commission and the department to have
     9     instant access to a commission's registration records
    10     maintained on the system.
    11         (6)  Be the general register for a commission once the
    12     commission is connected to the SURE system.
    13         (7)  Permit each commission and the department to review
    14     and search the system and to permit the sending of notices to
    15     the appropriate officials regarding death, change of address
    16     or other information which could affect the qualifications of
    17     an applicant or the registration of a registered elector.
    18         (8)  Provide for the electronic transfer of completed
    19     voter registration applications and changes of address in
    20     accordance with the act.
    21         (9)  Preserve the power of the commissions to make
    22     determinations as to the qualifications of applicants.
    23         (10)  Assign a unique SURE registration number to each
    24     qualified elector who becomes registered and record the
    25     registered elector in the general register of the appropriate
    26     commission.
    27         (11)  Permit auditing of each registered elector's
    28     registration record from the day of its creation until the
    29     day it is canceled.
    30         (12)  Permit the department to implement section
    20010S1240B1896                  - 8 -

     1     1901(b)(1)(i).
     2         (13)  Permit the timely printing and transmission by
     3     commissions of district registers and all other information
     4     contained in the system as may be necessary for the operation
     5     of the polling places on election days.
     6         (14)  Be designed with an emergency recovery system to
     7     insure that registration records are not lost in the case of
     8     an emergency, natural disaster or other such event that could
     9     cause the system to malfunction.
    10     (d)  Records.--Within 30 days of receiving notice from the
    11  department, each commission shall provide to the department, in
    12  the manner and form established by the department, an electronic
    13  copy of its registration records. Beginning 60 days after
    14  receiving notice in accordance with this subsection and
    15  continuing until the commission is connected to the SURE system,
    16  each commission shall provide monthly to the department, in the
    17  manner and form established by the department, an electronic
    18  copy of its general register. The provision of records in
    19  accordance with this subsection shall not be considered a part
    20  of the establishment or implementation of the SURE system.
    21     (e)  Implementation.--The department shall implement the SURE
    22  system as soon as possible. The department shall establish, by
    23  regulation, a schedule for each commission to be connected to
    24  the SURE system. Commissions shall be connected in an order
    25  which maximizes the accuracy, integrity and protection of
    26  registration records on a Statewide basis. Upon being connected,
    27  each commission shall be required to use the SURE system as its
    28  general register. Connection of the commissions shall commence
    29  no later than August 31, 2002, and shall be completed Statewide
    30  by January 1, 2005.
    20010S1240B1896                  - 9 -

     1     (f)  Regulations.--The secretary shall promulgate regulations
     2  necessary to establish, implement and administer the SURE
     3  system. Regulations shall include all of the following:
     4         (1)  Uniform procedures for the commissions relating to
     5     the SURE system, including the process and manner of entering
     6     information into the SURE system, the type and form of
     7     information to be entered, the process for identifying and
     8     removing duplicate registrations, the manner and time frame
     9     for updating information in the system and the manner and
    10     form of communications between commissions and between the
    11     department and a commission.
    12         (2)  Periodic training requirements for commissions and
    13     their employees.
    14         (3)  Such other regulations as are necessary to ensure
    15     that the SURE system shall comply with all other provisions
    16     of this act.
    17     Section 5.  The act is amended by adding a section to read:
    18  Section 323.  SURE system costs.
    19     The cost of establishment, implementation and maintenance of
    20  the SURE system technology and its emergency recovery system
    21  shall be borne by the Commonwealth.
    22     Section 6.  Section 501(a) of the act, amended June 25, 2001
    23  (P.L.674, No.61), is amended to read:
    24  Section 501.  Qualifications to register.
    25     (a)  Eligibility.--[A qualified elector] An individual who
    26  will be at least 18 years of age on the day of the next
    27  election, who has been a citizen of the United States for at
    28  least one month prior to the next election and who has resided
    29  in this Commonwealth and the election district where the
    30  [qualified elector] individual offers to vote for at least 30
    20010S1240B1896                 - 10 -

     1  days prior to the next ensuing election and has not been
     2  confined in a penal institution for a conviction of a felony
     3  within the last five years shall be [entitled to be registered]
     4  eligible to register as provided in this chapter. [If an
     5  individual is qualified to vote in an election district prior to
     6  removal of residence, the individual may, if a resident of this
     7  Commonwealth, vote in the election district from which residence
     8  was removed within the 30 days preceding the election.]
     9     * * *
    10     Section 7.  Section 522(a) and (b) of the act are amended to
    11  read:
    12  Section 522.  In-person voter registration.
    13     (a)  General rule.--Applications may be submitted to register
    14  to vote or change party enrollment or name or address on current
    15  registration record in person before the [registration]
    16  commission or a commissioner, a registrar or a clerk at the
    17  office of the commission or at a place designated by the
    18  commission. The applicant shall be advised that any intentional
    19  false statement on the application constitutes perjury and will
    20  be punishable as such. The applicant shall provide the
    21  information required on the registration application and sign
    22  the registration declaration. The commission shall prepare and
    23  provide voter registration applications for the purpose of
    24  registering qualified electors in accordance with this section.
    25  Notwithstanding any other provision of this act, the commission
    26  may use a mail registration application for in-person
    27  registration. The commission shall mail the [voter's] qualified
    28  elector an identification card in accordance with section
    29  [527(a)(4)(v)] 528.
    30     (b)  Notice.--The commission shall, within a reasonable time,
    20010S1240B1896                 - 11 -

     1  publicly announce the address of each place of registration, the
     2  address of each office of the commission established for the
     3  registration of qualified electors other than its main office
     4  and the days and hours when the place or office is open for the
     5  registration of qualified electors. The announcement shall be
     6  made by posting notice at the place or office and at the
     7  commission's main office and by other means as the commission
     8  deems advisable.
     9     * * *
    10     Section 8.  Section 523(a), (b) and (c) of the act, amended
    11  June 25, 2001 (P.L.674, No.61), are amended to read:
    12  Section 523.  Application with driver's license application.
    13     (a)  General rule.--
    14         (1)  The Department of Transportation shall provide for
    15     simultaneous application for voter registration in
    16     conjunction with the process under 75 Pa.C.S. § 1510
    17     (relating to issuance and content of driver's license). An
    18     application under this subsection shall serve as an
    19     application to register to vote unless the applicant fails to
    20     sign the voter registration application. The secretary has
    21     the primary responsibility for implementing and enforcing the
    22     driver's license voter registration system created under this
    23     section. The secretary, in consultation with the Secretary of
    24     Transportation, may promulgate regulations for implementing
    25     this section.
    26         (2)  An application for voter registration submitted to
    27     the Department of Transportation under this subsection shall
    28     be considered as updating any previous voter registration
    29     information by [the applicant] a registrant.
    30         (3)  Any change of address submitted to the Department of
    20010S1240B1896                 - 12 -

     1     Transportation for the purposes of driver licensing shall
     2     serve as notification of change of address for voter
     3     registration for the registrant involved unless the
     4     registrant indicates that the change of address is not for
     5     voter registration purposes.
     6     (b)  Process.--
     7         (1)  The Department of Transportation shall provide for
     8     an application for voter registration as part of a driver's
     9     license application.
    10         (2)  The format of the driver's license/voter
    11     registration application shall be determined and prescribed
    12     by the secretary and the Secretary of Transportation.
    13         (3)  The voter registration application portion of the
    14     application shall contain all the requirements of an official
    15     voter registration application specified in section 527. The
    16     voter registration portion of the application:
    17             (i)  may not require any information that duplicates
    18         information required in the driver's license portion of
    19         the form, other than a second signature; and
    20             (ii)  may require only the minimum amount of
    21         information necessary to prevent duplicate voter
    22         registration, to enable the [registration] commission to
    23         assess the eligibility of the applicant and to administer
    24         voter registration and other parts of the election
    25         process.
    26     (c)  Transmission.--
    27         (1)  The Department of Transportation shall forward
    28     completed applications or contents of the completed voter
    29     registration applications in machine-readable format to the
    30     department by the close of registration for the ensuing
    20010S1240B1896                 - 13 -

     1     election.
     2         (2)  The department shall transmit the material to the
     3     appropriate commission within ten days after the date of its
     4     receipt by the Department of Transportation. If a voter
     5     registration application is received by the Department of
     6     Transportation within five days before the last day to
     7     register before an election, the application shall be
     8     transmitted to the appropriate commission not later than five
     9     days after the date of its receipt by the Department of
    10     Transportation.
    11         (3)  Upon receipt of the completed voter registration
    12     information from the department, the commission shall make a
    13     record of the date of the receipt of the application and
    14     process the application. No applicant shall be deemed
    15     eligible to vote until the commission has received and
    16     approved the application.
    17         (3.1)  After the Department of Transportation is
    18     connected to the SURE system and notwithstanding paragraphs
    19     (1), (2) and (3), the Department of Transportation shall
    20     transmit electronically the contents of a completed voter
    21     registration application within five days of receipt of the
    22     application. Upon receipt of the information from the
    23     Department of Transportation, a commission shall make a
    24     record of the date of the receipt of the application and
    25     process the application in accordance with section 528. If
    26     the commission of the county of residence has not been
    27     connected to the SURE system, the Department of
    28     Transportation shall forward the completed application or
    29     contents of the completed application to the department in
    30     accordance with paragraph (1). No applicant shall be deemed
    20010S1240B1896                 - 14 -

     1     eligible to vote until the commission has received and
     2     approved an application in accordance with section 528.
     3         (4)  Changes of address shall comply with the following:
     4             (i)  [The] Before the Department of Transportation is
     5         connected to the SURE system, the Department of
     6         Transportation shall notify the [secretary] department of
     7         changes of address received under subsection (a)(3). The
     8         [secretary] department shall notify the commission of the
     9         county of the registrant's [prior] former residence.
    10         After the Department of Transportation is connected to
    11         the SURE system, the Department of Transportation shall
    12         notify the commission of the county of the registrant's
    13         former residence. If the registrant has moved to an
    14         address outside this Commonwealth, the commission shall
    15         verify the address change in accordance with section
    16         1901. Except as provided in subparagraph (ii), if the
    17         registrant confirms in accordance with section 1901(d)
    18         that he has moved [outside of the] to another county, the
    19         commission shall cancel the registration and forward the
    20         registrant's registration [card] information to the
    21         commission of the registrant's new county of residence.
    22         Except as provided in subparagraph (ii), if the
    23         registrant has moved to an address within the
    24         commission's jurisdiction, the commission shall promptly
    25         update the registration record of the registrant in
    26         accordance with section 528. All changes of address
    27         received by the Department of Transportation under this
    28         section at least 30 days before [a primary, general or
    29         municipal] an election must be processed by the
    30         commission for the ensuing election. For the purpose of
    20010S1240B1896                 - 15 -

     1         this paragraph, the term "registration information" means
     2         the registration card and any other record of
     3         registration maintained by a commission.
     4             (ii)  In the case of changes of address received by
     5         the Department of Transportation which do not contain a
     6         signature of the registrant, the commission receiving the
     7         change of address notification shall mail a notice to the
     8         registrant at the new residence address requesting
     9         verification of the address change. If the change of
    10         address is to a new residence outside the commission's
    11         jurisdiction, the commission shall mail the following
    12         notice:
    13         Date................
    14               Office of the Registration Commission
    15                  .......... County, Pennsylvania
    16           ........ (Address and Telephone No. of County)
    17         We have been notified by the Department of Transportation
    18         that you recently changed your address from
    19         ................. (old residence address) to
    20         ............... (new residence address) and that this
    21         change of address is to serve as a change of address for
    22         voter registration purposes. Unless you notify this
    23         office within ten days from the date of this notice that
    24         this information is not correct, your voter registration
    25         will be transferred to ........... County. You may notify
    26         this office by writing your residence address, the date
    27         and your signature on the bottom of this form and mailing
    28         this notice to this office. You need not notify this
    29         office if this information is correct.
    30                                 ............................
    20010S1240B1896                 - 16 -

     1                                                Chief Clerk
     2         If the address change is within the commission's
     3         jurisdiction, the [county] commission shall mail a
     4         voter's identification card to the registrant at the new
     5         residence address.
     6             (iii)  If the registrant does not return the notice
     7         under subparagraph (ii) within the ten-day period, the
     8         commission shall process the change of address according
     9         to subparagraph (i). If the registrant notifies the
    10         commission that the information is incorrect and the
    11         commission is satisfied with the registrant's explanation
    12         of the discrepancy, the address of the registrant's
    13         registration shall remain unchanged. If the verification
    14         notification or voter identification card is returned by
    15         the post office as undeliverable as addressed or with a
    16         forwarding address, the commission shall send a
    17         confirmation notice to the registrant's address of former
    18         residence in accordance with section 1901(d)(2).
    19         (5)  Upon notification and confirmation of any change of
    20     address, a commission shall promptly update information
    21     contained in its registration record.
    22     * * *
    23     Section 9.  Sections 524, 526 and 527(a) and (b) of the act
    24  are amended to read:
    25  Section 524.  Application by mail.
    26     (a)  General rule.--An application to register to vote or to
    27  change party enrollment or name or address on a current
    28  registration may be submitted by voter registration mail
    29  application in the manner set forth in this section. An
    30  application may be submitted by mail or by representative to the
    20010S1240B1896                 - 17 -

     1  [registration] commission on an official mail registration
     2  application, the form of which shall be determined and
     3  prescribed by the secretary or the Federal Election Commission
     4  pursuant to the National Voter Registration Act (Public Law 103-
     5  31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the
     6  information required on the registration application and sign
     7  the registration declaration.
     8     (b)  Time.--Registration under this section may be made at
     9  any time. If a registration application is received by a
    10  commission beyond the deadline for registration provided in
    11  section 526, the application shall be retained by the commission
    12  until the beginning of the next period during which registration
    13  can be made.
    14     (c)  Military electors.--
    15         (1)  A military elector may apply at any time for
    16     registration on an official registration application or any
    17     form prescribed by the Federal Government for such purpose.
    18         (2)  The status of a military elector to register under
    19     this section with respect to residence shall remain as the
    20     same home residence status from which the military elector is
    21     qualified to register. If, at the time of leaving that home
    22     address, the military elector had not resided in this
    23     Commonwealth or in a particular election district for a
    24     sufficient time to have been entitled to be registered but,
    25     by continued residence, would have become entitled to be
    26     registered, the military elector shall be entitled to be
    27     registered at the time the military elector would have been
    28     entitled to register had the military elector not left that
    29     home address but continued to reside there.
    30         (3)  The commission is authorized to consider a request
    20010S1240B1896                 - 18 -

     1     for an absentee ballot as a request for an official
     2     registration application and to forward to the requester all
     3     of the following:
     4             (i)  An absentee ballot and balloting material.
     5             (ii)  An official registration application.
     6         (4)  The military elector must complete and file these
     7     documents in accordance with the applicable provisions of the
     8     act of June 3, 1937 (P.L.1333, No.320), known as the
     9     Pennsylvania Election Code.
    10         (5)  The right to be registered pursuant to this
    11     subsection shall not be subject to challenge for any reason
    12     other than failure to have furnished the commission a
    13     properly completed registration application.
    14  Section 526.  Time.
    15     (a)  General rule.--Except as provided in subsection (b),
    16  each [registration] commission, commissioners and registrars or
    17  clerks appointed by the commission shall receive, during
    18  ordinary business hours and during additional hours as the
    19  commission prescribes, at the office of the commission and at
    20  additional places as the commission designates, applications
    21  from individuals who appear and claim that they are entitled to
    22  be registered as electors of a municipality.
    23     (b)  Deadlines.--In the administration of voter registration,
    24  each commission shall ensure that any [eligible] applicant who
    25  is a qualified elector is registered to vote in an election when
    26  the applicant has met any of the following conditions:
    27         (1)  In the case of voter registration with a motor
    28     vehicle driver's license application under section 523, if
    29     the valid voter registration application is submitted to the
    30     appropriate Department of Transportation office not later
    20010S1240B1896                 - 19 -

     1     than 30 days before the date of the election.
     2         (2)  In the case of registration by mail under section
     3     524, if the valid voter registration mail application is
     4     postmarked not later than the deadline to register for the
     5     ensuing election or, in the case of an illegible or missing
     6     postmark, it is received not later than five days after the
     7     deadline to register for the ensuing election.
     8         (3)  In the case of voter registration at a voter
     9     registration agency under section 525, if the valid voter
    10     registration application is accepted at the voter
    11     registration agency not later than 30 days before the date of
    12     the election.
    13         (4)  In any other case, if the valid voter registration
    14     application of the applicant is received by the appropriate
    15     commission not later than 30 days before the election.
    16     (c)  Special rules.--
    17         (1)  In the case of a special election within a
    18     congressional, senatorial or representative district held on
    19     a day other than the day of a primary, general or municipal
    20     election, the registration application forms shall not be
    21     processed in the wards and election districts comprising the
    22     district for the 30 days prior to the special election for
    23     such election.
    24         (2)  No applications shall be received as follows:
    25             (i)  On Sundays.
    26             (ii)  On holidays.
    27             (iii)  On the day of the election.
    28             (iv)  During the 30 days next preceding each
    29         general, municipal and primary election, except as
    30         provided in subsection (b).
    20010S1240B1896                 - 20 -

     1  Section 527.  Preparation and distribution of applications.
     2     (a)  Form.--
     3         (1)  The secretary shall prescribe the form of official
     4     voter registration application. The official voter
     5     registration application shall provide space for the
     6     following information about the applicant:
     7             (i)  Full name.
     8             (ii)  Address of residence. If the residence is a
     9         portion only of the house, the location or number of the
    10         room, apartment or floor which is occupied.
    11             (iii)  Mailing address if different than address of
    12         residence.
    13             (iv)  Name and residence address on previous
    14         registration and the year of that registration.
    15             (v)  Designation of political party, for the purpose
    16         of voting at a primary election.
    17             (vi)  Date of birth.
    18             (vii)  Telephone number. An application shall not be
    19         rejected because of noncompliance with this subparagraph.
    20             (viii)  Race. An application shall not be rejected
    21         because of noncompliance with this subparagraph.
    22         (2)  Data required on the voter registration application
    23     shall not be more nor less than the minimum data elements
    24     permissible for Federal voter registration.
    25         (3)  Any person who assists in the completion of the
    26     registration application shall sign the application and
    27     indicate the person's address. In the case of those
    28     registering under sections 523 and 525, the person providing
    29     assistance shall insert the person's initials or employee or
    30     agent identification number on a separate or detachable
    20010S1240B1896                 - 21 -

     1     portion of the application or computer data file.
     2         (4)  A voter registration application shall be printed on
     3     stock of good quality and shall be of suitable uniform size.
     4     Nothing in this act shall prohibit the design and use of an
     5     electronic voter registration application which includes the
     6     applicant's digitized or electronic signature. The
     7     registration application shall contain the following
     8     information; however, the information may be provided on a
     9     separate form for voter registration made under section 523
    10     or 525:
    11             (i)  Notice that [an individual currently] a
    12         registered elector does not need to reregister unless the
    13         [individual] registered elector has moved.
    14             (ii)  Instructions on how to fill out and submit the
    15         application and notification of when the application must
    16         be submitted to a voter registration office in order to
    17         be registered for the ensuing election.
    18             (iii)  Notice that the [registrant] applicant must be
    19         a citizen of the United States for at least one month
    20         prior to the next election and a resident of this
    21         Commonwealth and the election district for at least 30
    22         days and must be at least 18 years of age by the day of
    23         the next ensuing election and has not been confined in a
    24         penal institution for a conviction of a felony within the
    25         last five years. The notice required in this subparagraph
    26         shall be in print identical to the declaration under
    27         subsection (b).
    28             (iv)  Notice that political party enrollment is
    29         mandatory to vote in a primary election of a political
    30         party.
    20010S1240B1896                 - 22 -

     1             (v)  Notice that the commission will mail by
     2         nonforwardable mail to the applicant a voter's
     3         identification card upon acceptance of the application
     4         and that the [registrant] applicant should contact the
     5         commission if the identification card is not received
     6         within 14 days from the date the application is sent to
     7         the registration office.
     8             (vi)  Notice that registration is not complete until
     9         the application is processed and accepted by the
    10         commission.
    11             (vii)  A warning to the [registrant] applicant that
    12         making a false registration or furnishing false
    13         information is perjury. The notice required in this
    14         subparagraph shall be in print identical to the
    15         declaration under subsection (b).
    16             (viii)  Instructions to Federal or State employees
    17         who wish to retain voting residence in county of last
    18         residence to so indicate on the application.
    19             (ix)  Notice that, if an [applicant] individual
    20         declines to register to vote, the fact that the
    21         [applicant] individual has declined to register will
    22         remain confidential and will be used only for voter
    23         registration purposes. The notice required in this
    24         subparagraph shall be in print identical to the
    25         declaration under subsection (b).
    26             (x)  Notice that, if an [applicant] individual does
    27         register to vote, the office at which the [applicant]
    28         individual submits a voter registration application will
    29         remain confidential and will be used for voter
    30         registration purposes only. The notices required in this
    20010S1240B1896                 - 23 -

     1         subparagraph shall be in print identical to the
     2         declaration in subsection (b).
     3         (5)  The official voter registration application may be
     4     designed in a manner to be inserted in the district register
     5     or for transfer to a registration card to be placed in the
     6     district register.
     7         (6)  In jurisdictions where there is a single language
     8     minority, the secretary may print a bilingual application.
     9         (7)  In jurisdictions where a single language minority
    10     exceeds 5% of the population, the secretary shall:
    11             (i)  print a bilingual application; and
    12             (ii)  conduct a public educational program among that
    13         language group alerting both organizations and
    14         individuals of that group of the availability of the
    15         bilingual application and encouraging [unregistered
    16         voters] individuals to register.
    17         (8)  To implement section 524, the secretary shall print
    18     an official voter registration mail application designed to
    19     preserve the confidentiality of the information required to
    20     be submitted. The application shall contain information
    21     required by this section and shall include the name of each
    22     county seat, its post office mailing address and zip code and
    23     its telephone number. Voter registration mail applications
    24     shall contain information indicating whether the application
    25     is a new registration, change of party enrollment, change of
    26     address or change of name.
    27         (9)  Nothing in this act shall prohibit a private
    28     organization or individual from printing blank voter
    29     registration applications or shall prohibit the use of such
    30     applications by any other individual, provided that the form,
    20010S1240B1896                 - 24 -

     1     content and paper quality of such voter registration
     2     application complies with department regulations for the
     3     forms or has received prior approval from the secretary.
     4     (b)  Registration declaration.--
     5         (1)  The official voter registration application shall
     6     contain a registration declaration. On the declaration, the
     7     applicant shall state all of the following:
     8             (i)  The applicant has been a citizen of the United
     9         States for at least one month prior to the next election.
    10             (ii)  On the day of the next ensuing election, the
    11         applicant shall be at least 18 years of age.
    12             (iii)  On the day of the next ensuing election, the
    13         applicant shall have resided in this Commonwealth and in
    14         the election district for at least 30 days.
    15             (iv)  The applicant has not been confined in a penal
    16         institution for a conviction of a felony within the last
    17         five years.
    18             (v)  The applicant is legally qualified to vote.
    19         (2)  The applicant shall affirm all of the following:
    20             (i)  The information provided in the registration
    21         declaration is true.
    22             (ii)  The applicant understands that:
    23                 (A)  the registration declaration will be
    24             accepted for all purposes as the equivalent of an
    25             affidavit; and
    26                 (B)  if the registration contains a material
    27             false statement, the applicant shall be subject to
    28             penalties for perjury.
    29         (3)  The registration declaration shall contain the
    30     printed name and signature of the applicant and the date of
    20010S1240B1896                 - 25 -

     1     signing. An applicant unable to sign the voter registration
     2     application shall make a mark before a person of the
     3     applicant's choice other than the applicant's employer or an
     4     agent of the applicant's union. [Such] The person shall
     5     insert the person's name, address and telephone number. If
     6     [such] the person is an employee or agent of the Department
     7     of Transportation or another agency, as provided under
     8     section 525, and is assisting the applicant in an official
     9     capacity, [such] the employee or agent shall insert the
    10     initials and identification number of the employee or agent.
    11     In the case of applicants registering under section 523 or
    12     525, the person providing assistance shall insert initials or
    13     employee or agent identification number on a separate or
    14     detachable portion of the application or computer data file.
    15         (4)  The official registration application shall contain
    16     a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
    17     notice shall advise the applicant that, if a person signs an
    18     official registration application knowing a statement
    19     declared in the application to be false, the person commits
    20     perjury. The notice shall specify the penalty for perjury.
    21     * * *
    22     Section 10.  Section 528 of the act, amended June 25, 2001
    23  (P.L.674, No.61), is amended to read:
    24  Section 528.  Approval of registration applications.
    25     [(a)  Examination.--
    26         (1)  Official registration applications submitted to a
    27     registration commission shall be examined by the commissioner
    28     or a clerk or registrar upon receipt.
    29         (2)  If the official voter registration application
    30     submission is in person, the application shall be attested
    20010S1240B1896                 - 26 -

     1     and dated by the commissioner, clerk or registrar.
     2         (3)  Upon receipt of any other voter registration
     3     application, the commission shall make an entry of the date
     4     received on the application. If the applicant does not reside
     5     within the commission's county but resides elsewhere in this
     6     Commonwealth, the commission shall forward the application
     7     card to the proper commission and make a record of the
     8     forwarding.
     9     (b)  Decision.--
    10         (1)  If the commission finds the official registration
    11     application not properly completed, the application shall be
    12     rejected. The commission should make reasonable efforts to
    13     complete the registration before rejecting it for omissions
    14     and inconsistencies. If the commission rejects an application
    15     under this paragraph, it shall indicate "REJECTED" on the
    16     application and state there the reason for rejection and
    17     notify the applicant by first class nonforwardable mail,
    18     return postage guaranteed.
    19         (2)  If the official registration application contains
    20     the required information indicating that the applicant is
    21     legally qualified to register as stated in the application,
    22     the commission shall mail to the applicant a voter's
    23     identification card in accordance with subsection (d)(1).
    24         (3)  For an application for a transfer of registration or
    25     a change in address or name, if the application contains the
    26     required information and the applicant is legally qualified
    27     to transfer registration or change name or address as stated
    28     in the application, the commission shall make the transfer or
    29     change. If the commission suspects that the applicant is not
    30     entitled to transfer registration or to change name or
    20010S1240B1896                 - 27 -

     1     address, the commission may investigate. If the commission
     2     finds that the applicant is not entitled to the transfer or
     3     change, the application shall be rejected. The applicant
     4     shall be notified of the rejection and the reason for it.
     5     Rejection shall be made no later than ten days before the
     6     election succeeding the filing of the application.
     7     (c)  Result.--If an application is designed to serve as a
     8  registration card, the accepted application of an elector may
     9  serve as the elector's official registration card, if it was so
    10  designed, and shall be filed in the office of the commission in
    11  accordance with Chapter 7. If the application is not designed to
    12  serve as a registration card, the information contained on the
    13  application, including the elector's signature, shall be
    14  transferred to the registration card. If a commission utilizes a
    15  signature digitization list, it shall transfer all information
    16  contained on the application, including the signature, to the
    17  registry or, until the registry is established, to a computer
    18  file. Applicants for registration shall be challenged under
    19  section 529.
    20     (d)  Disposition.--
    21         (1)  When the registration of an elector has been
    22     processed under subsection (b)(2), the commission shall
    23     transmit to the applicant by first class nonforwardable mail
    24     a wallet-sized voter's identification card, which shall serve
    25     as notice to the applicant of the disposition of the
    26     application. The card shall contain all of the following:
    27             (i)  Name and address of the elector.
    28             (ii)  Name of municipality.
    29             (iii)  Identification of elector's ward and district.
    30             (iv)  Effective date of registration.
    20010S1240B1896                 - 28 -

     1             (v)  Designation of party enrollment and date of
     2         enrollment.
     3             (vi)  A space for the elector's signature or mark.
     4             (vii)  A statement that the card relates only to the
     5         time of issuance of the card and is not of itself
     6         evidence or proof of the qualifications of the elector to
     7         vote at an election or proof of identification for
     8         purposes of applying for or receiving general assistance
     9         and that it is not necessary to present the card when
    10         voting. The statements required by this subparagraph
    11         shall be placed on the reverse side of the card from
    12         where all of the other information required by this
    13         paragraph is placed.
    14             (viii)  A statement that the elector must notify the
    15         commission within ten days if any information on the card
    16         is incorrect; otherwise the information shall be deemed
    17         correct for voter registration purposes.
    18         (2)  The carrier envelope in which the identification
    19     card is enclosed shall contain on the outside a request to
    20     the postmaster to return it within five days if it cannot be
    21     delivered to the addressee at the address given.
    22         (3)  No registration application shall be deemed to be
    23     accepted until ten days after the voter's identification card
    24     has been mailed. Upon return by the post office of an
    25     identification card under paragraph (2) which the post office
    26     is unable to deliver at the given address, the commission
    27     shall investigate. If the commission finds that the applicant
    28     is not qualified to register from such address, the
    29     commission shall reject the application of the applicant and
    30     shall notify the applicant by first class forwardable mail of
    20010S1240B1896                 - 29 -

     1     this action.
     2         (4)  If the applicant discloses that the elector's last
     3     residence address upon registration was a location within
     4     another county, the commission of the county of the elector's
     5     new residence shall direct a cancellation notice to the
     6     commission of the county of the elector's last residence.
     7     This cancellation notice shall be in a form approved by the
     8     secretary in substantially the following form:
     9         Date .........................
    10               Office of the Registration Commission
    11               ................ County, Pennsylvania
    12         Cancellation of Previous Registration
    13         Name .................................., whose date of
    14         birth is ..........................., has now registered
    15         as an elector in........................ County,
    16         Pennsylvania. Our records indicate that this registrant
    17         was previously registered in the County of
    18         ............................., Pennsylvania, at the
    19         following address ...............................
    20                                 ............................
    21                                                Chief Clerk
    22         (5)  Upon receipt of the notice in paragraph (4), the
    23     commission of the county of the elector's last residence
    24     shall transfer a copy of the elector's canceled registration
    25     record to the commission of the county of the elector's new
    26     residence and retain a record of the transfer. The
    27     commissions of both counties shall promptly update
    28     information contained in their registration records.]
    29     (a)  Examination.--Upon receiving a voter registration
    30  application, a commissioner, clerk or registrar of a commission
    20010S1240B1896                 - 30 -

     1  shall do all of the following:
     2         (1)  Initial and date the receipt of the application.
     3         (2)  Examine the application to determine all of the
     4     following:
     5             (i)  Whether the application is complete.
     6             (ii)  Whether the applicant is a qualified elector.
     7             (iii)  Whether the applicant has an existing
     8         registration record. After the commission is connected to
     9         the SURE system, the commissioner, clerk or registrar
    10         shall search the SURE system on a Statewide basis to
    11         determine if the applicant has an existing registration
    12         record.
    13             (iv)  Whether the applicant is entitled or qualified
    14         to receive the requested transfer or change, if
    15         applicable.
    16     (b)  Decision.--A commission shall do one of the following:
    17         (1)  Forward application.--Record and forward a voter
    18     registration application to the proper commission if the
    19     commission finds during its examination under subsection (a)
    20     that the applicant does not reside within the commission's
    21     county but resides elsewhere in this Commonwealth.
    22         (2)  Reject application.--Reject a voter registration
    23     application, indicate the rejection and the reasons for the
    24     rejection on the application and notify the applicant by
    25     first class nonforwardable mail, return postage guaranteed of
    26     the rejection and the reason if the commission finds during
    27     its examination under subsection (a) any of the following:
    28             (i)  The application was not properly completed and
    29         after reasonable efforts by the commission to ascertain
    30         the necessary information, the application remains
    20010S1240B1896                 - 31 -

     1         incomplete or inconsistent.
     2             (ii)  The applicant is not a qualified elector.
     3             (iii)  The applicant is not entitled to a transfer of
     4         registration or a change of address.
     5             (iv)  The applicant is not legally qualified to a
     6         change of name.
     7     A rejection shall be made no later than ten days before the
     8     election succeeding the filing of the application.
     9         (3)  New applicant registration.--Process a voter
    10     registration application in accordance with subsection (c) if
    11     the commission finds during its examination under subsection
    12     (a) all of the following:
    13             (i)  The application requests registration.
    14             (ii)  The application contains the required
    15         information indicating that the applicant is qualified
    16         elector of the county.
    17         (4)  Update existing registration.--Process a voter
    18     registration application in accordance with subsection (c)
    19     and update its registration records if the commission finds
    20     during its examination under subsection (a) all of the
    21     following:
    22             (i)  The application requests registration.
    23             (ii)  The application contains the required
    24         information indicating that the applicant is a qualified
    25         elector of the county.
    26             (iii)  The applicant is currently a registered
    27         elector of the county.
    28         (5)  Transfer existing registration.--Process a voter
    29     registration application in accordance with subsection (c)
    30     and request transfer of registration records in accordance
    20010S1240B1896                 - 32 -

     1     with subsection (d) if the commission finds during its
     2     examination under subsection (a) all of the following:
     3             (i)  The application requests registration.
     4             (ii)  The application contains the required
     5         information indicating that the applicant is a qualified
     6         elector of the county.
     7             (iii)  The applicant is currently a registered
     8         elector of another county.
     9         (6)  Transfer request.--Process a voter registration
    10     application in accordance with subsection (c) and request
    11     transfer of registration records in accordance with
    12     subsection (d) if the commission finds during its examination
    13     under subsection (a) all of the following:
    14             (i)  The application requests a transfer of
    15         registration.
    16             (ii)  The application contains the required
    17         information indicating that the applicant is a qualified
    18         elector of the county.
    19             (iii)  The applicant is currently a registered
    20         elector of another county.
    21         (7)  Change of address request.--Process a voter
    22     registration application in accordance with subsection (c)
    23     and update its registration if the commission finds during
    24     its examination under subsection (a) all of the following:
    25             (i)  The application requests a change of address.
    26             (ii)  The application contains the required
    27         information indicating that the applicant is a qualified
    28         elector of the county.
    29             (iii)  The applicant is currently a registered
    30         elector of the county.
    20010S1240B1896                 - 33 -

     1         (8)  Change of name request.--Process a voter
     2     registration application in accordance with subsection (c)
     3     and update its registration records if the commission finds
     4     during its examination under subsection (a) all of the
     5     following:
     6             (i)  The application requests a change of name.
     7             (ii)  The applicant is legally qualified to a change
     8         of name.
     9             (iii)  The application contains the required
    10         information indicating that the applicant is a qualified
    11         elector of the county.
    12             (iv)  The applicant is currently a registered elector
    13         of the county.
    14     (c)  Processing of voter registration.--
    15         (1)  When a commission has accepted a voter registration
    16     application under subsection (b)(3), the commission shall
    17     assign each applicant a unique identification number in the
    18     SURE system. The commission shall mail a wallet-sized voter's
    19     identification card to the individual by first class
    20     nonforwardable mail, return postage guaranteed, which shall
    21     serve as notice of the acceptance of the application. The
    22     card shall contain all of the following:
    23             (i)  Name and address of the individual.
    24             (ii)  Name of municipality of residence.
    25             (iii)  Identification of the individual's ward and
    26         district.
    27             (iv)  The effective date of registration.
    28             (v)  Designation of party enrollment and date of
    29         enrollment.
    30             (vi)  A space for the individual's signature or mark.
    20010S1240B1896                 - 34 -

     1             (vii)  The unique identification number of the
     2         individual.
     3             (viii)  A statement that the individual must notify
     4         the commission within ten days from the date it was
     5         mailed if any information on the card is incorrect;
     6         otherwise the information shall be deemed correct for
     7         voter registration purposes.
     8         (2)  When a commission has accepted a voter registration
     9     application under subsection (b)(4), (5), (6), (7) or (8),
    10     the commission shall mail a wallet-sized voter's
    11     identification card to the individual by first class
    12     nonforwardable mail, return postage guaranteed, which shall
    13     serve as notice of the acceptance of the application. The
    14     card shall contain all of the following:
    15             (i)  Name and address of the individual.
    16             (ii)  Name of municipality of residence.
    17             (iii)  Identification or the individual's ward and
    18         district.
    19             (iv)  The effective date of registration.
    20             (v)  Designation of party enrollment and date of
    21         enrollment.
    22             (vi)  A space for the individual's signature or mark.
    23             (vii)  The SURE registration number of the
    24         individual.
    25             (viii)  A statement that the individual must notify
    26         the commission within ten days from the date it was
    27         mailed if any information on the card is incorrect;
    28         otherwise the information shall be deemed correct for
    29         voter registration purposes.
    30         (3)  An envelope containing a voter identification card
    20010S1240B1896                 - 35 -

     1     shall be marked on the outside with a request to the
     2     postmaster to return it within five days if it cannot be
     3     delivered to the addressee at the address given.
     4         (4)  (i)  If an envelope containing a voter
     5         identification card has been mailed in accordance with
     6         paragraphs (1) and (3) and has not been returned to the
     7         commission by the postmaster within ten days from the
     8         date it was mailed, the individual shall be deemed a
     9         registered elector of the county and the commission shall
    10         enter the individual's registration information in the
    11         general register. The unique identification number shall
    12         be entered as the registered elector's SURE registration
    13         number. No person shall be deemed a registered elector of
    14         the county until ten days after the voter identification
    15         card has been mailed.
    16             (ii)  If an envelope containing a voter
    17         identification card has been mailed in accordance with
    18         paragraphs (2) and (3) and has not been returned to the
    19         commission by the postmaster within ten days from the
    20         date it was mailed, the individual shall be deemed a
    21         registered elector of the county and the commission shall
    22         enter the individual's registration information in the
    23         general register. No person shall be deemed a registered
    24         elector of the county until ten days after the voter
    25         identification card has been mailed.
    26         (5)  If an envelope containing a voter identification
    27     card is returned by the postmaster because the envelope is
    28     undeliverable at the given address, the commission shall
    29     investigate. If the commission finds that the individual is
    30     not qualified to register from the address, the commission
    20010S1240B1896                 - 36 -

     1     shall reject the application and shall notify the individual
     2     by first class forwardable mail of this action.
     3     (d)  Transfer of registration records.--
     4         (1)  If during application an individual discloses that
     5     the individual is a registered elector of another county, the
     6     commission of the individual's new county of residence shall
     7     direct a cancellation notice to the commission of the
     8     individual's former county of residence in accordance with
     9     regulations promulgated under this act.
    10         (2)  Upon receipt of a notice transmitted in accordance
    11     with paragraph (1), the commission of the individual's former
    12     county of residence shall investigate. If the commission
    13     finds that the individual is a registered elector of the
    14     county, the commission shall verify the address change with
    15     the registered elector in accordance with this act. Upon
    16     verifying that the registered elector has moved to another
    17     county of residence, the commission shall cancel the
    18     registered elector's registration, transfer a copy of the
    19     canceled registration record to the commission of the
    20     registered elector's new county of residence and retain a
    21     record of the transfer. The commission of both counties shall
    22     promptly update information contained in their registration
    23     records.
    24     (e)  Challenges.--All challenges to applications for
    25  registration shall be made as provided in section 529.
    26     Section 11.  The act is amended by adding a section to read:
    27  Section 528.1.  SURE registration number.
    28     Each registered elector shall be assigned a single and unique
    29  SURE registration number in accordance with sections 528 and
    30  913. Once assigned, a SURE registration number shall not be
    20010S1240B1896                 - 37 -

     1  changed, modified or altered.
     2     Section 12.  Section 701 of the act is amended to read:
     3  Section 701.  General register.
     4     (a)  General rule.--The general register shall contain all of
     5  the following for each registered elector of the county:
     6         (1)  The ward and election district of residence.
     7         (2)  The registered elector's street address.
     8         (3)  Data required to be given upon removal from the
     9     registered elector's residence.
    10         (4)  The date of each election at which the registered
    11     elector votes.
    12         (5)  The digitized or electronic signature of the
    13     registered elector.
    14         (6)  The SURE registration number.
    15         (7)  Whether the registered elector needs assistance to
    16     vote and, if so, the nature of the disability.
    17     (b)  District register.--The general register shall be used
    18  by the commission to prepare the district register.
    19     (c)  SURE system.--After a commission is connected to the
    20  SURE system, the general register of the commission shall
    21  consist of the registration information contained on the SURE
    22  system as maintained by the commission.
    23     [(a) Original registration cards.--If]
    24     (d)  Registration cards.--Before a commission is connected to
    25  the SURE system, if a commission uses the original registration
    26  cards for registered electors in the county as the district
    27  register, the duplicate registration cards or photocopies of the
    28  original registration cards shall be placed in exact
    29  alphabetical order by last name of the registrant, shall be
    30  indexed and shall be kept at the office of the registration
    20010S1240B1896                 - 38 -

     1  commission in a manner as to be properly safeguarded. These
     2  cards constitute the general register of the county. They may
     3  not be removed from the office of the commission except upon
     4  order of a court of record. Nothing in this act shall preclude
     5  the use of duplicate registration cards from applications
     6  provided under the act of March 30, 1937 (P.L.115, No.40), known
     7  as The First Class City Permanent Registration Act, or the act
     8  of April 29, 1937 (P.L.487, No.115), known as The Permanent
     9  Registration Act for Cities of the Second Class, Cities of the
    10  Second Class A, Cities of the Third Class, Boroughs, Towns, and
    11  Townships.
    12     [(b)] (e)  Digitized signature lists.--[If] Before a
    13  commission is connected to the SURE system, if a commission uses
    14  digitized signature lists as the district register, the original
    15  registration cards shall be placed in exact alphabetical order
    16  by last name of the registrant, indexed and kept at the office
    17  of the commission in a manner as to be properly safeguarded.
    18  These original cards constitute the general register of the
    19  county. They may not be removed from the office of the
    20  commission except upon order of a court of record. The
    21  commission shall safely retain all registration cards used in
    22  the registration of electors or in conducting an election. If a
    23  commission has the capability to accept an electronic
    24  application, the secretary may require the commission to produce
    25  a computer-generated card to file in the general register. If
    26  the commission finds a record for a registrant on the computer
    27  data base which is not contained in the general register, it
    28  shall replace the original card with a computer-generated
    29  duplicate card upon written permission from the registrant or
    30  upon order of a court of record.
    20010S1240B1896                 - 39 -

     1     [(c)] (f)  Duplicate files.--[If] Before a commission is
     2  connected to the SURE system, if the commission deems a
     3  duplicate file of registration cards necessary for
     4  administrative purposes, the commission may prepare a
     5  reproduction in compliance with the following:
     6         (1)  The registration form shall be photographed,
     7     microphotographed or reproduced in a manner approved for
     8     permanent records by the secretary.
     9         (2)  The device used to reproduce the card is one which
    10     accurately reproduces the original in all details.
    11         (3)  The photographs, microphotographs or other
    12     reproductions are open to public inspection and provision is
    13     made for preserving, examining and using them.
    14     Section 13.  Sections 702, 703, 704 and 705 of the act are
    15  amended to read:
    16  Section 702.  District registers.
    17     (a)  Registration card file.--
    18         (1)  Except as provided in subsection (b) and in section
    19     [701(b)] 701(e), the original registration cards shall be
    20     filed by election districts in exact alphabetical order by
    21     last name of the registrant and shall be indexed.
    22         (2)  The cards constitute the district register.
    23         (3)  The commission shall provide binders, which are
    24     capable of being locked, for filing and indexing the
    25     registration cards. The keys to the binders shall at all
    26     times be retained by the commission.
    27         (4)  The district register shall be kept at the office of
    28     the commission, except as provided in subsection (b), and
    29     shall be open to public inspection, subject to reasonable
    30     safeguards and regulations.
    20010S1240B1896                 - 40 -

     1     (b)  Computer lists.--
     2         (1)  [Instead] Before a commission is connected to the
     3     SURE system, instead of using registration cards as the
     4     district register as provided in subsection (a), a commission
     5     may use a computer list or computer-generated cards
     6     containing the registered electors arranged by election
     7     district, alphabetically by last name of the registrant.
     8         [(2)]  The computer list or computer-generated cards must
     9     be in a form prescribed by the secretary and must contain
    10     necessary information that would otherwise be available on
    11     the registration cards, including a legible digitized
    12     signature of the registrant copied from the signature on the
    13     registration card. The district election officials shall have
    14     computer printouts at the polling places containing the
    15     necessary information needed to verify the identity of the
    16     elector. The digitized signature list shall be open to public
    17     inspection, subject to reasonable safeguards, rules and
    18     regulations.
    19         (2.1)  After a commission is connected to the SURE
    20     system, each commission shall create from its general
    21     register a computer list to be used as the district register.
    22     For each election district, the list shall contain the names
    23     of the registered electors of the election district,
    24     alphabetically by last name of each registered elector. Each
    25     page of the list shall contain the name of the county, the
    26     election district, the date of the election and the date and
    27     time the list was prepared. The computer list shall be in a
    28     form prescribed by the secretary and must contain necessary
    29     information that would otherwise be available in the general
    30     register, including a legible digitized or electronic
    20010S1240B1896                 - 41 -

     1     signature, the street address and political party of each
     2     registered elector, and suitable space for insertion of the
     3     signature of the registered elector and for insertion by the
     4     proper election official of the number and letter of the stub
     5     of the ballot issued to the registered elector or the
     6     registered elector's number in the order of admission to the
     7     voting systems and the initials of the election official who
     8     enters the record of voting in the district register and
     9     whether the elector needs assistance to vote and, if so, the
    10     nature of the disability. The district register shall be kept
    11     at the office of the commission and shall be open to public
    12     inspection, subject to reasonable safeguards, rules and
    13     regulations.
    14         (3)  [A] Before connection to the SURE system, a
    15     commission may, during systems conversion periods or
    16     emergency conditions, provide for a district register
    17     containing the original registration cards. The following
    18     apply:
    19             (i)  The original registration cards shall be filed
    20         by election district, in one of the following orders, as
    21         determined by the commission:
    22                 (A)  Exact alphabetical order by last name of
    23             registrant.
    24                 (B)  Order in which registrants' residences
    25             appear upon the streets of the election district, in
    26             exact alphabetical order by last name of registrant
    27             for each residence.
    28             (ii)  The district register containing registration
    29         cards shall be kept at the office of the commission and
    30         shall be open for public inspection, subject to
    20010S1240B1896                 - 42 -

     1         reasonable safeguards and regulations and to the
     2         provisions of this act.
     3     (c)  [Currency] Accuracy.--It is the duty of the commission
     4  to compare and correct the general register and district
     5  registers to ensure their accuracy. By noon of the third day
     6  preceding an election, the commission shall [have] correct the
     7  district register for each election district [and the registry
     8  accurately corrected to date] consistent with the information
     9  contained in the general register.
    10     (d)  Delivery.--The commission shall deliver, in the manner
    11  required by law for delivery of election materials, the district
    12  register to the election officers for use on election day.
    13     (e)  Form.--District registers shall be enclosed within a
    14  case or container and shall be locked and sealed by the
    15  commission before delivery. The district register shall have
    16  printed or written thereon the words "District Register of
    17  [Voters] Electors" and the district and ward, if any.
    18     (f)  Examination.--Immediately following each election, the
    19  commission shall cause each district register to be examined.
    20  The commission specifically shall compare the signature of each
    21  elector on each voter's certificate with his signature in the
    22  district register and shall report in writing to the district
    23  attorney any evidence or indication of probable fraud,
    24  impersonation or forgery which may appear to the commission by
    25  reason of the comparison. In the case of any elector whom the
    26  election officers shall have recorded as removed, deceased, or
    27  challenged and prevented from voting, the commission shall
    28  ascertain the facts and shall correct the general and district
    29  registers in accordance with Chapter 9.
    30  Section 703.  Street lists.
    20010S1240B1896                 - 43 -

     1     (a)  Preparation.--Commencing not later than the 15th day
     2  prior to each election, [the registration] each commission shall
     3  prepare for each election district a list of the names and
     4  addresses of all registered electors as of that date resident in
     5  the district. The list may not include the digitized or
     6  electronic signature of a registered [voter] elector. The list
     7  shall be arranged in one of the following manners:
     8         (1)  By streets and house numbers.
     9         (2)  Alphabetically by last name of [registrant] each
    10     registered elector.
    11         (3)  In a manner whereby the location of the elector's
    12     residence can be identified.
    13     (b)  Copies.--The commission shall retain two copies of the
    14  list under subsection (a) on file at its office and forward one
    15  copy of the list under subsection (a) to the department. These
    16  copies shall be available for public inspection during business
    17  hours, subject to reasonable safeguards and regulations.
    18     (c)  Distribution.--The department and each commission shall
    19  distribute the list under subsection (a) upon request as
    20  follows:
    21         (1)  To officials concerned with the conduct of
    22     elections.
    23         (2)  To political parties and political bodies.
    24         (3)  To candidates.
    25     (d)  Organizations.--The commission may, for a reasonable fee
    26  [approved by the secretary], distribute the list under
    27  subsection (a), to organized bodies of citizens.
    28  Section 704.  Public information lists.
    29     (a)  Establishment.--
    30         (1)  The [registration] commission shall provide for
    20010S1240B1896                 - 44 -

     1     computer inquiries concerning individual registered [voters]
     2     electors. With respect to each [voter] registered elector who
     3     is the subject of an inquiry, the information provided shall
     4     contain the name, address, date of birth and voting history.
     5     Upon request, the commission shall supply a printed record
     6     for each such [voter] elector subject to the provisions of
     7     this act. In addition, the commission may make available for
     8     inspection a printed or computerized public information list
     9     containing the name, address, date of birth and voting
    10     history of each registered [voter] elector in the county.
    11         (2)  The list may also include information on voting
    12     districts.
    13         (3)  The list may not contain the digitized or electronic
    14     signature or SURE registration number of the registered
    15     elector.
    16     (b)  Access.--
    17         (1)  The secretary may promulgate reasonable regulations
    18     governing access to the list.
    19         (2)  No individual inspecting the list may tamper with or
    20     alter it.
    21         (3)  No individual who inspects the list or who acquires
    22     names of registered [voters] electors from the list may use
    23     information contained in the list for purposes unrelated to
    24     elections, political activities or law enforcement. Before
    25     inspecting the list or obtaining names of [voters] registered
    26     electors or other information from the list, the individual
    27     must provide identification to the public official having
    28     custody of the public information list and must state in
    29     writing that any information obtained from the list will not
    30     be used for purposes unrelated to elections, political
    20010S1240B1896                 - 45 -

     1     activities or law enforcement.
     2     (c)  Copies.--
     3         (1)  The commission shall provide paper copies of the
     4     public information lists and may provide copies in some other
     5     form to any [voter] registered elector in this Commonwealth
     6     within ten days of receiving a written request accompanied by
     7     payment of the cost of reproduction and postage. The cost of
     8     the copies shall be determined by the office providing
     9     copies.
    10         (2)  An individual who inspects or acquires a copy of a
    11     public information list may not use any information contained
    12     in it for purposes unrelated to elections, political
    13     activities or law enforcement.
    14  Section 705.  Retention of records.
    15     (a)  Computer lists.--Each commission shall preserve
    16  [computer lists used as] district registers for at least five
    17  years in the manner, form and time frame established by the
    18  department.
    19     (b)  Records.--
    20         (1)  The department and each commission shall preserve
    21     for two years and shall make available for public inspection
    22     and, where available, photocopying at a reasonable cost all
    23     records concerning the implementation of programs and
    24     activities conducted for the purposes of ensuring the
    25     accuracy and currency of official lists of [eligible voters]
    26     registered electors, except to the extent that the records
    27     relate to a declination to register to vote or to the
    28     identity of a voter registration agency through which any
    29     particular [voter] qualified elector is registered.
    30         (2)  The records preserved under paragraph (1) shall
    20010S1240B1896                 - 46 -

     1     include lists of the names and addresses of all [individuals]
     2     electors to whom notices described in section 901 are sent,
     3     and information concerning whether or not the individual has
     4     responded to the notice as of the date that inspection of the
     5     record is made.
     6     (c)  Original and existing records.--After a commission is
     7  connected to the SURE system, the registration cards and
     8  applications utilized under this act, under prior versions of
     9  this act under the former act of March 30, 1937 (P.L.115,
    10  No.40), known as The First Class City Permanent Registration
    11  Act, or under the former act of April 29, 1937 (P.L.487,
    12  No.115), known as The Permanent Registration Act for Cities of
    13  the Second Class, Cities of the Second Class A, Cities of the
    14  Third Class, Boroughs, Towns, and Townships, shall be placed in
    15  alphabetical order by last name of the registered elector,
    16  indexed and kept at the office of the commission in a manner as
    17  to be properly safeguarded. They may not be removed from the
    18  office of the commission except upon order of a court of record.
    19  The commission shall safely retain all registration cards used
    20  in the registration of registered electors for a period of five
    21  years after connection at which time they may be destroyed.
    22     Section 14.  Sections 901, 902 and 903 of the act, amended
    23  June 25, 2001 (P.L.674, No.61), are amended to read:
    24  Section 901.  Removal notices.
    25     (a)  Form.--
    26         (1)  The commission shall make removal notices available
    27     to electors who are registered in the county.
    28         (2)  The notice shall be printed upon cards suitable for
    29     mailing, addressed to the office of the commission. The
    30     notice shall provide the following information:
    20010S1240B1896                 - 47 -

     1             (i)  The address of present residence, including
     2         municipality.
     3             (ii)  The address of last registration, including
     4         municipality.
     5             (iii)  Date of removal to present residence.
     6             (iv)  Signature.
     7         (3)  The notice shall contain a statement that the
     8     registered elector may, by filling out properly and signing a
     9     removal notice and returning it to the office of the
    10     commission, secure the transfer of registration effective as
    11     to elections at least 30 days after the date of removal into
    12     the new district.
    13         (4)  The notice shall contain a warning to the registered
    14     elector that the notice will not be accepted as an
    15     application for transfer of the elector's registration unless
    16     the signature thereon can be identified by the commission as
    17     the elector's signature as it appears on file with the
    18     commission.
    19         (5)  The notice shall contain a warning to the registered
    20     elector that the notice must be received by the commission
    21     not later than 30 days before the election. If mailed, the
    22     notice must be postmarked not later than the deadline for
    23     registration or, in the case of an illegible or missing
    24     postmark, received within five days of the close of
    25     registration.
    26     (b)  Use.--[An] A registered elector who removes residence
    27  from one place to another within the same county must notify the
    28  commission by filing a removal notice under subsection (a), or a
    29  signed request for renewal that contains the information
    30  required in subsection (a), with the commission not later than
    20010S1240B1896                 - 48 -

     1  the registration deadline before the election. If mailed, the
     2  notice or request must be postmarked not later than the deadline
     3  for registration or, in the case of an illegible or missing
     4  postmark, received within five days of the close of
     5  registration. The following apply:
     6         (1)  An official registration application of an elector
     7     who has registered by mail qualifies as a removal notice.
     8         (2)  [An] A registered elector who removes residence from
     9     one place to another within the same county and who has not
    10     yet filed a removal notice with the commission shall be
    11     permitted to vote once at the elector's former polling place
    12     following removal if, at the time of signing the voter's
    13     certificate, the elector files with the judge of election a
    14     signed removal notice properly filled out. Removal notices
    15     under this paragraph shall be returned to the commission with
    16     the voting check list, and the commission shall proceed to
    17     transfer the registration of the electors under section 902
    18     and shall promptly update information contained in its
    19     registration records. [An] A registered elector may vote in
    20     the election district of the elector's former residence no
    21     more than one time following the elector's removal.
    22         (3)  A registered elector who removes residence from one
    23     county to another county and who is not registered to vote in
    24     the new county of residence shall be permitted to vote in the
    25     election district in the former county of residence if, at
    26     the time of signing the elector's certificate, the elector
    27     files with the judge of election a signed affirmation
    28     declaring the elector's new residence. [An] A registered
    29     elector may vote in the election district of the elector's
    30     former residence no more than one time following the
    20010S1240B1896                 - 49 -

     1     elector's removal. Affirmations made under this paragraph
     2     shall be returned to the commission of the elector's former
     3     county of residence with the voting checklist, and that
     4     commission shall proceed to transfer the registration of the
     5     elector under section 902. Upon receipt of the transfer
     6     notice, the commission of the elector's new county of
     7     residence shall immediately process the transfer of the
     8     elector in accordance with section [528(d)(3)] 528. Both
     9     commissions shall promptly update information contained in
    10     their registration records.
    11  Section 902.  Transfer of registration.
    12     (a)  General rule.--Upon timely receipt of notification of
    13  removal under section 901(b), the [registration] commission
    14  shall proceed as follows:
    15         (1)  The signature on the notification document shall be
    16     compared with the signature of the registered elector as it
    17     appears on file with the commission.
    18         (2)  If the signature appears authentic, the commission
    19     shall enter the change of residence [on the registration card
    20     of the elector in the general register and district register
    21     and shall transfer the registration card of the elector from
    22     the district register of the election district of previous
    23     residence to the district register of the election district
    24     of new residence] on the registered elector's registration
    25     records.
    26         (3)  If a request for transfer which is determined to be
    27     authentic under paragraph (2) shows a removal within the
    28     period of 30 days preceding an election, the commission,
    29     after such election, shall enter the change of residence [on
    30     the registration card of the elector in the general register
    20010S1240B1896                 - 50 -

     1     and district register and shall transfer the registration
     2     card of the elector from the district register of the
     3     election district of previous residence] on the registered
     4     elector's registration records. The commission shall advise
     5     the registered elector promptly in writing of its action.
     6         (4)  When a registered elector has filed with a
     7     commission a notice that the elector has moved from the
     8     county to another county, if the signature appears authentic,
     9     the commission shall enter the change of residence on the
    10     elector's registration records, cancel the registration of
    11     the elector and notify the commission of the elector's new
    12     county of residence to register the elector. Upon receipt of
    13     the transfer notice, the commission of the elector's new
    14     county of residence shall immediately process the transfer of
    15     the elector in accordance with section [528(d)(3)] 528.
    16         (5)  If a request for transfer which is determined to be
    17     authentic under paragraph (4) shows a removal within the
    18     period of 30 days preceding an election, the commission,
    19     after such election, shall enter the change of residence on
    20     the elector's registration records, cancel the registration
    21     of the elector and notify the commission of the elector's new
    22     county of residence to register the elector. Upon receipt of
    23     the transfer notice, the commission of the elector's new
    24     county of residence shall immediately process the transfer of
    25     the elector in accordance with section [528(d)(3)] 528.
    26         (6)  A commission shall promptly update information
    27     contained in its registration records.
    28     (b)  Electors unable to write.--[An] A registered elector who
    29  is unable to sign the notification document may affix a mark to
    30  the notification document. The mark must be affixed in the
    20010S1240B1896                 - 51 -

     1  presence of a witness who must sign the notification document.
     2  Section 903.  Change of enrollment of political party.
     3     By the deadline for registration, a registered [voter]
     4  elector who desires to change the enrollment of political
     5  designation or who, although registered, has not previously
     6  enrolled as a member of a party may appear before a
     7  commissioner, registrar or clerk or may submit an application by
     8  mail under section 524 and state in a signed writing the
     9  political party in which the [voter] registered elector desires
    10  to be enrolled. If the signature of the elector is verified by
    11  comparison with the registered elector's signature as it appears
    12  on file with the commission, the commissioner, registrar or
    13  clerk shall make the change in [the general register and
    14  district register. The commission shall also promptly update the
    15  information contained in] its registration records. If supported
    16  by other evidence of identity, a mark may be made in lieu of a
    17  signature by [an] a registered elector who is unable to write.
    18  The mark must be made in the presence of a witness who must sign
    19  the registration application.
    20     Section 15.  The act is amended by adding a section to read:
    21  Section 913.  Conversion of registration records.
    22     The department shall convert the registration records of each
    23  commission in accordance with section 322. In converting the
    24  registration records of each commission, the department shall
    25  assign each registered elector a SURE registration number which
    26  the commission shall add to the registration records of the
    27  registered elector.
    28     Section 16.  Sections 1301(a), 1502, 1505, 1507(a), 1509,
    29  1511, 1512 and 1701 of the act are amended to read:
    30  Section 1301.  Court of common pleas.
    20010S1240B1896                 - 52 -

     1     (a)  Standing.--The following have standing to appeal an
     2  action of a [registration] commission to the appropriate court
     3  of common pleas:
     4         (1)  An [individual] applicant whose claim for
     5     registration has been denied.
     6         (2)  An individual whose registration has been canceled
     7     by the commission.
     8         (3)  A qualified elector of a municipality whose rights
     9     are impaired by any general order made by the commission.
    10     * * *
    11  Section 1502.  Registration.
    12     (a)  Improper.--A registrar, commissioner or clerk who
    13  knowingly registers or permits the registration of an
    14  [individual] applicant not lawfully entitled to be registered
    15  commits a misdemeanor of the first degree and shall, upon
    16  conviction, be sentenced to pay a fine of not more than $10,000
    17  or to imprisonment for not more than five years, or both.
    18     (b)  Denial.--A registrar, commissioner or clerk who, without
    19  reasonable cause, refuses to register [an individual] a
    20  qualified elector lawfully entitled to be registered commits a
    21  misdemeanor of the first degree and shall, upon conviction, be
    22  sentenced to pay a fine of not more than $10,000 or to
    23  imprisonment for not more than five years, or both.
    24  Section 1505.  Votes.
    25     (a)  Prohibition.--An election officer may not do any of the
    26  following:
    27         (1)  Knowingly refuse the vote of a registered [and
    28     qualified] elector.
    29         (2)  Knowingly accept the vote of [a person] an
    30     individual not registered under this act. This paragraph does
    20010S1240B1896                 - 53 -

     1     not apply to a person in actual military service or [a
     2     person] an individual having an order of court.
     3         (3)  Knowingly receive a vote from a person falsely
     4     claiming to be a registered [voter] elector.
     5     (b)  Penalty.--A person who violates subsection (a) commits a
     6  misdemeanor of the first degree and shall, upon conviction, be
     7  sentenced to pay a fine of not more than $10,000 or to
     8  imprisonment for not more than five years, or both.
     9  Section 1507.  Official documents and electronic records.
    10     (a)  Prohibition.--A person may not do any of the following:
    11         (1)  Intentionally insert or permit to be inserted a
    12     material entry in any registration card, the SURE system,
    13     street list, affidavit, petition, subpoena, certificate,
    14     report or other record, authorized or required by this act to
    15     be made or prepared for a purpose set forth in this act,
    16     which entry is not in accordance with this act.
    17         (2)  Intentionally materially alter or intentionally
    18     destroy an entry which has been made in any registration
    19     card, the SURE system, street list, affidavit, petition,
    20     subpoena, certificate, report or other record, authorized or
    21     required by this act to be made or prepared for a purpose set
    22     forth in this act, which alteration or destruction is not in
    23     accordance with this act.
    24         (3)  Remove a record from lawful custody with the intent
    25     to prevent the record from being used, inspected or copied.
    26         (4)  Access the SURE system, its component parts, or any
    27     other official documents or records without lawful
    28     authorization or with the intent to publicize or otherwise
    29     unlawfully misuse the equipment or information contained
    30     therein.
    20010S1240B1896                 - 54 -

     1     * * *
     2  Section 1509.  Law enforcement assistance.
     3     A law enforcement officer who, upon demand of any
     4  commissioner or inspector of registration, or of the secretary,
     5  fails to render demanded assistance in the maintenance of peace
     6  and in the making of arrests without warrant as provided in this
     7  act or who intentionally hinders or attempts to hinder any
     8  commissioner or inspector of registration in the performance of
     9  a duty commits a misdemeanor of the second degree and shall,
    10  upon conviction, be sentenced to pay a fine of not more than
    11  $5,000 or to imprisonment for not more than two years, or both.
    12  Section 1511.  Preventing registration.
    13     (a)  Prohibition.--No person may do any of the following:
    14         (1)  Knowingly and intentionally prevent [an individual]
    15     an applicant who is a qualified elector from being
    16     registered.
    17         (2)  By coercion, threats of bodily injury or
    18     intimidation, intentionally prevent or attempt to prevent [an
    19     individual] an applicant who is a qualified elector from
    20     being registered or a registered elector from changing
    21     political enrollment in accordance with the provisions of
    22     this act.
    23         (3)  Intentionally give or promise or offer to give money
    24     or goods to an individual as an inducement for the individual
    25     to enroll in a particular party or for a registrant to change
    26     political enrollment.
    27         (4)  Prevent a record from being used, inspected or
    28     copied.
    29     (b)  Penalty.--A person who violates subsection (a) commits a
    30  misdemeanor of the first degree and shall, upon conviction, be
    20010S1240B1896                 - 55 -

     1  sentenced to pay a fine of not more than $10,000 or to
     2  imprisonment for not more than five years, or both.
     3  Section 1512.  Approval of registration.
     4     (a)  Prohibition.--A person may not do any of the following:
     5         (1)  Intentionally alter a party designation [on a
     6     registration card under section 528(c)] without a request
     7     from the registered elector.
     8         (2)  Intentionally fail to make a transmission under
     9     section [528(d)] 528.
    10     (b)  Penalty.--A person who violates subsection (a) commits a
    11  misdemeanor of the third degree and shall, upon conviction, be
    12  sentenced to pay a fine of $2,500 or to imprisonment for not
    13  more than one year, or both.
    14  Section 1701.  Attorney General.
    15     (a)  Investigation.--The secretary shall investigate alleged
    16  violations of sections 523 and 525 and report apparent
    17  violations to the Attorney General.
    18     (b)  Prosecution.--Under section 205(a)(6) of the act of
    19  October 15, 1980 (P.L.950, No.164), known as the Commonwealth
    20  Attorneys Act, the Attorney General shall have prosecutorial
    21  jurisdiction over violations reported under subsection (a).
    22     (c)  Notifications.--The Attorney General shall notify the
    23  State Treasurer in accordance with section 1704(b) if the
    24  secretary fails to notify the State Treasurer as required by
    25  section 1703(b).
    26     Section 17.  Sections 1703, 1704, 1901, 1902 and 1904 of the
    27  act, amended or added June 25, 2001 (P.L.674, No.61), are
    28  amended to read:
    29  Section 1703.  Power of department.
    30     (a)  General rule.--The department shall have the authority
    20010S1240B1896                 - 56 -

     1  to take any actions, including the authority to audit the
     2  registration records of a commission, which are necessary to
     3  ensure compliance and participation by the [counties.]
     4  commissions.
     5     (b)  Notifications.--The secretary shall notify the State
     6  Treasurer to withhold funds in accordance with section 1704(b)
     7  if a commission fails or refuses to comply with the provisions
     8  of this act.
     9  Section 1704.  Relief.
    10     (a)  Injunctive.--In the event that a commission fails to
    11  adhere to any provision of this act, the secretary is authorized
    12  to seek declaratory and injunctive relief in Commonwealth Court.
    13     (b)  Withholding of appropriations.--In accordance with
    14  sections 1701 and 1703 and in addition to any remedy provided in
    15  subsection (a), the State Treasurer shall, upon notification,
    16  withhold any part or all of the State appropriations to which a
    17  county is entitled, including funding for the court of common
    18  pleas but excluding funding for human services, if the
    19  commission of the county fails or refuses to comply with the
    20  provisions of this act.
    21  Section 1901.  Removal of [voters] electors.
    22     (a)  Removal of elector's registration record.--Commissions
    23  shall institute a program to protect the integrity of the
    24  electoral process and to ensure the maintenance of accurate and
    25  current [voter] registration records. The program shall be
    26  uniform, nondiscriminatory and in compliance with the Voting
    27  Rights Act of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et
    28  seq.). An elector's registration shall not be canceled except as
    29  follows:
    30         (1)  At the request of the elector.
    20010S1240B1896                 - 57 -

     1         (2)  Upon the death of the elector under section 905.
     2         (3)  Upon confirmation that the elector has moved to a
     3     residence outside the county.
     4         (4)  Under a voter removal program as provided for under
     5     subsection (b) and in compliance with the National Voter
     6     Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
     7     1973gg et seq.).
     8     (b)  Voter removal program.--
     9         (1)  [The] Each commission shall establish a program to
    10     identify registered electors whose address may have changed
    11     by establishing one of the following programs:
    12             (i)  National change of address. The secretary shall
    13         establish by regulation a program whereby information
    14         supplied by the United States Postal Service through its
    15         licensees is used on a periodic basis, but not less than
    16         once every calendar year, to identify registered electors
    17         who may have changed addresses. The information shall be
    18         incorporated in the SURE system and shall be forwarded to
    19         the commissions in a manner determined by the secretary
    20         by regulation.
    21                 (A)  If it appears from the information provided
    22             through the United States Postal Service that an
    23             elector has moved to a different residence address
    24             within the same county as the elector is currently
    25             registered, the commission shall change the
    26             registration records to show the new address and
    27             shall send the elector, to the address recorded on
    28             the elector's registration, a notice of the change of
    29             address by forwardable mail and a postage prepaid,
    30             preaddressed return form by which the elector may
    20010S1240B1896                 - 58 -

     1             verify or correct the address information.
     2                 (B)  If it appears from the information provided
     3             through the United States Postal Service that [an] a
     4             registered elector has moved to a different residence
     5             address outside the county, the commission shall use
     6             the notice procedure described in clause (A).
     7             (ii)  Confirmation mailing:
     8                 (A)  A commission may establish a program by
     9             sending a direct, nonforwardable first class "return
    10             if undeliverable - address correction requested"
    11             mailing to all registered electors in the county.
    12                 (B)  If this program is established, the
    13             commission shall use the notice procedure described
    14             in subparagraph (i)(A) for any registered elector
    15             whose mailing is returned undeliverable.
    16         (2)  In conjunction with and not as an alternative to a
    17     program established under paragraph (1), a commission may use
    18     a canvass [may be used] as follows:
    19             (i)  The [registration] commission may, by
    20         commissioners or by inspectors of registration, verify
    21         the registration in an election district by visiting the
    22         building from which an elector is registered and other
    23         buildings as the commission deems necessary.
    24             (ii)  The commission shall make a record of the name
    25         and address of each registered elector who is found not
    26         to reside at the registered address or who for any other
    27         reason appears to be not qualified to vote in the
    28         registered election district.
    29             (iii)  The commission shall leave at the address of
    30         each [person] registered elector referred to in
    20010S1240B1896                 - 59 -

     1         subparagraph (ii) a notice requiring him to communicate
     2         with the commission on or before a date which the
     3         commission shall designate, and which shall be not less
     4         than seven days and not more than 15 days from the date
     5         of the notice and in any case not later than the 15th day
     6         preceding the election next ensuing, and satisfy the
     7         commission of his qualifications as an elector. The
     8         commission shall cause a confirmation of each such notice
     9         to be sent by mail promptly to [such person] the
    10         registered elector at the address from which he is
    11         registered. The envelope containing such information is
    12         to be plainly marked that it is not to be forwarded. At
    13         the expiration of the time specified in the notice, the
    14         commission shall cancel the registration of [such person]
    15         the registered elector who has not communicated with the
    16         commission and proved his qualifications as [an] a
    17         registered elector.
    18             (iv)  To facilitate the canvass under this section,
    19         [the] a commission may, when necessary, appoint special
    20         inspectors of registration, in number not exceeding
    21         double the number of election districts being canvassed.
    22             (v)  Special inspectors must be [qualified]
    23         registered electors of the county. They shall be
    24         appointed without reference to residence in election
    25         districts or to political affiliations or beliefs. The
    26         commission shall instruct special inspectors in their
    27         duties. Special inspectors have the powers conferred by
    28         this act upon inspectors of registration.
    29         (3)  In conjunction with and not as an alternative to a
    30     program established under paragraph (1), [the] a commission
    20010S1240B1896                 - 60 -

     1     shall send a notice pursuant to subsection (d) to any
     2     registered elector who has not voted nor appeared to vote
     3     during the period beginning five years before the date of the
     4     notice and ending on the date of the notice and for whom the
     5     board of elections did not during that period in any other
     6     way receive any information that the [voter] elector still
     7     resides in the [registered] election district.
     8         (4)  [Commissions] A commission shall complete, not later
     9     than 90 days before each [primary] municipal or general
    10     election, at least once per year the voter removal programs
    11     under this section and shall promptly update information
    12     contained in its registration records. This paragraph shall
    13     not be construed to preclude any of the following:
    14             (i)  Cancellation of an elector's registration as
    15         provided for under subsection (a)(1) or (2).
    16             (ii)  Correction of registration records in
    17         accordance with this act.
    18     (c)  Identification of inactive [voters] electors.--A
    19  commission shall mark an "I" on the registration [card] records
    20  of each registered elector who has been mailed a form under
    21  subsection (b)(1) or (3) and has failed to respond, which shall
    22  be included with all other registration [cards] records for that
    23  polling site and located at the [individual's] elector's polling
    24  site on the day of the election. The commission shall promptly
    25  update the information contained in its registration records.
    26     (d)  Cancellation of registration.--
    27         (1)  A commission shall not cancel the registration of
    28     [an] a registered elector on the ground that the registered
    29     elector has changed residence unless any of the following
    30     apply:
    20010S1240B1896                 - 61 -

     1             (i)  The registered elector confirms in writing that
     2         the elector has changed residence to a location outside
     3         the county in which the elector is registered.
     4             (ii)  The registered elector:
     5                 (A)  has failed to respond to a notice described
     6             in paragraph (2); and
     7                 (B)  has not voted nor appeared to vote and, if
     8             necessary, corrected the commission's record of the
     9             elector's address, in an election during the period
    10             beginning on the date of the notice and ending on the
    11             day after the date of the second general election for
    12             Federal office that occurs after the date of the
    13             notice.
    14         (2)  A notice, as required in paragraph (1)(ii), is
    15     acceptable if it is a postage prepaid and preaddressed return
    16     card, sent by forwardable mail, on which the registered
    17     elector may state the elector's current address, if it
    18     contains a notice as follows:
    19             (i)  The notice must state all of the following:
    20                 (A)  If the registered elector did not change
    21             residence or changed residence but still resides in
    22             the county, the elector must return the card not
    23             later than 30 days prior to the next election. If the
    24             card is not returned, affirmation or confirmation of
    25             the elector's address may be required before the
    26             elector is permitted to vote in an election during
    27             the period beginning on the date of the notice and
    28             ending on the day after the date of the second
    29             general election for Federal office that occurs after
    30             the date of the notice. If the elector does not vote
    20010S1240B1896                 - 62 -

     1             in an election during that period, the elector's
     2             registration shall be canceled.
     3                 (B)  If the registered elector has changed
     4             residence to a place outside the county in which the
     5             elector is registered, information shall be provided
     6             concerning how the elector can register in the new
     7             county of residence.
     8             (ii)  The notice must state the date of the notice,
     9         the date of the next election and the date of the second
    10         general election for Federal office occurring after the
    11         date of the notice.
    12         (3)  The commission shall correct registration records in
    13     accordance with change of residence information obtained in
    14     conformance with this subsection. The commission shall also
    15     promptly update its registration records.
    16  Section 1902.  Procedure for voting following failure to return
    17                 notification card.
    18     (a)  Same county.--
    19         (1)  [An] A registered elector who has moved from an
    20     address in the county covered by a polling place to an
    21     address covered by the same polling place shall,
    22     notwithstanding failure to notify the commission prior to the
    23     date of an election, be permitted to vote in that polling
    24     place upon written affirmation by the elector of the change
    25     of address before an election official at that polling place.
    26         (2)  [An] A registered elector who has moved from one
    27     address in the county to another address in the same county
    28     covered by a different polling place and who has failed to
    29     notify the commission of the change of address prior to the
    30     date of an election shall be permitted to correct the voting
    20010S1240B1896                 - 63 -

     1     records and vote at the elector's former polling place upon
     2     written affirmation by the elector of the new address before
     3     an election official at the former polling place.
     4     (b)  Different county.--[An] A registered elector who has
     5  moved from one county to another county and who has failed to
     6  notify the commission of the change of address prior to the date
     7  of the election shall be permitted to correct the voting records
     8  and vote at the elector's former polling place upon written
     9  affirmation by the elector of the new address before an election
    10  official at the former polling place. Upon receipt of the
    11  written affirmation, the commission shall follow the procedures
    12  in this act for change of address to a new county and shall
    13  update information contained in its registration records.
    14  Section 1904.  Files.
    15     (a)  Cancellation.--If the registration of [an] a registered
    16  elector is canceled, the [registration] commission shall mark on
    17  [the] all registration [cards] records of the elector the word
    18  "canceled" and the date and cause of cancellation. The
    19  commission shall remove [the card from the general register and
    20  the district register] any registration records pertaining to
    21  the elector. Removed [cards] records shall be retained separate
    22  from registered electors for five years. The commission shall
    23  promptly update information contained in its registration
    24  records.
    25     (b)  Nonessential records.--Records which are not essential
    26  for maintaining the current status of a [qualified] registered
    27  elector may be destroyed by the commission three years from the
    28  date the commission marks them as nonessential.
    29     Section 18.  The Secretary of the Commonwealth shall
    30  promulgate regulations to establish and implement the SURE
    20010S1240B1896                 - 64 -

     1  system in accordance with section 322 and to implement this act.
     2  The promulgation of regulations under this section shall be
     3  exempt from:
     4         (1)  section 204(b) of the act of October 15, 1980
     5     (P.L.950, No.164), known as the Commonwealth Attorneys Act;
     6     and
     7         (2)  the act of June 25, 1982 (P.L.633, No.181), known as
     8     the Regulatory Review Act.
     9     Section 19.  (1)  The provisions of 62 Pa.C.S. shall apply to
    10     the implementation of Ch. 3 Subch. B of the act except as
    11     provided in this section.
    12         (2)  If a bidder or offeror, a prospective bidder or
    13     offeror or a prospective contractor is aggrieved in
    14     connection with the solicitation or award of the contract, he
    15     may protest to the head of the purchasing agency in writing.
    16         (3)  If the protestant is a bidder or offeror or a
    17     prospective contractor, the protest shall be filed with the
    18     head of the purchasing agency within seven days after the
    19     aggrieved bidder or offeror or prospective contractor knew or
    20     should have known of the facts giving rise to the protest
    21     except that in no event may a protest be filed later than
    22     seven days after the date the contract was awarded. If the
    23     protestant is a prospective bidder or offeror, a protest
    24     shall be filed with the head of the purchasing agency prior
    25     to the bid opening time or the proposal receipt date. If a
    26     bidder or offeror, a prospective bidder or offeror, or a
    27     prospective contractor fails to file a protest or files an
    28     untimely protest, the bidder or offeror, the prospective
    29     bidder or offeror, or the prospective contractor shall be
    30     deemed to have waived its right to protest the solicitation
    20010S1240B1896                 - 65 -

     1     or award of the contract in any forum. Untimely filed
     2     protests shall be disregarded by the purchasing agency.
     3         (4)  A protest shall state all grounds upon which the
     4     protestant asserts the solicitation or award of the contract
     5     was improper. The protestant may submit with the protest any
     6     documents or information it deems relevant to the protest.
     7         (5)  Within 15 days of receipt of a protest, the
     8     contracting officer may submit to the head of the purchasing
     9     agency and the protestant a response to the protest,
    10     including any documents or information he deems relevant to
    11     the protest. The protestant may file a reply to the response
    12     within ten days of the date of the response.
    13         (6)  The head of the purchasing agency or his designee
    14     shall review the protest and any response or reply and may
    15     request and review such additional documents or information
    16     he deems necessary to render a decision, and may, at his sole
    17     discretion, conduct a hearing. The head of the purchasing
    18     agency or his designee shall provide to the protestant and
    19     the contracting officer a reasonable opportunity to review
    20     and address any additional documents or information deemed
    21     necessary by the head of the purchasing agency or his
    22     designee to render a decision.
    23         (7)  Upon completing an evaluation of the protest in
    24     accordance with paragraph (6), the head of the purchasing
    25     agency or his designee shall issue a written determination
    26     stating the reasons for the decision. The determination shall
    27     be issued within 60 days of the receipt of the protest unless
    28     extended by consent of the head of the purchasing agency and
    29     the protestant. The determination shall be the final order of
    30     the purchasing agency. If the head of the purchasing agency
    20010S1240B1896                 - 66 -

     1     or his designee determines that the solicitation or award of
     2     the contract was contrary to law, he may enter an order
     3     authorized by 62 Pa.C.S. Ch. 17 Subch. D.
     4         (8)  Within 15 days of the mailing date of a final
     5     determination denying a protest, a protestant may file an
     6     appeal with the Commonwealth Court. Issues not raised by the
     7     protestant before the purchasing agency are deemed waived and
     8     may not be raised before the court.
     9         (9)  The record of determination for review by the court
    10     shall consist of the solicitation or award; the contract, if
    11     any; the protest and any response, reply or any additional
    12     documents or information considered by the head of the
    13     purchasing agency or his designee; the hearing transcript and
    14     exhibits, if any; and the final determination.
    15         (10)  The court shall hear the appeal, without a jury, on
    16     the record of determination certified by the purchasing
    17     agency. The court shall affirm the determination of the
    18     purchasing agency unless it finds from the record that the
    19     determination is arbitrary and capricious, an abuse of
    20     discretion or is contrary to law.
    21         (11)  If the determination is not affirmed, the court may
    22     enter any order authorized by 42 Pa.C.S. § 706, provided,
    23     that if the court determines that the solicitation or award
    24     of the contract is contrary to law, then the remedy the court
    25     shall order is limited to canceling the solicitation or award
    26     and declaring void any resulting contract.
    27         (12)  In the event a protest is filed timely under this
    28     section and until the time has elapsed for the protestant to
    29     file a petition for review in Commonwealth Court, the
    30     purchasing agency may elect not to proceed further with the
    20010S1240B1896                 - 67 -

     1     solicitation or with the award of the contract.
     2         (13)  This section shall be the exclusive procedure for
     3     protesting a solicitation or award of the contract by a
     4     bidder or offeror, a prospective bidder or offeror, or a
     5     prospective contractor that is aggrieved in connection with
     6     the solicitation or award of the contract. The provisions of
     7     2 Pa.C.S. shall not apply to this section.
     8     Section 20.  Section 18 shall expire on December 31, 2002.
     9     Section 21.  This act shall take effect as follows:
    10         (1)  This section and sections 4, 18 and 19 of this act
    11     shall take effect immediately.
    12         (2)  The remainder of this act shall take effect in 45
    13     days.
    14     SECTION 1.  SECTION 1222(B)(2) OF TITLE 25 OF THE              <--
    15  PENNSYLVANIA CONSOLIDATED STATUTES, ADDED JANUARY 31, 2002
    16  (P.L.18, NO.3), IS AMENDED TO READ:
    17  § 1222.  SURE SYSTEM.
    18     * * *
    19     (B)  ADVISORY BOARD.--
    20         * * *
    21         (2)  THE ADVISORY BOARD SHALL BE COMPRISED OF [FOUR] SIX
    22     DIRECTORS OF ELECTIONS WHO HAVE BEEN APPOINTED AS FOLLOWS:
    23             (I)  TWO DIRECTORS BY THE SENATE, ONE APPOINTED BY
    24         THE MINORITY LEADER AND ONE APPOINTED BY THE PRESIDENT
    25         PRO TEMPORE OF THE SENATE.
    26             (II)  TWO DIRECTORS BY THE HOUSE OF REPRESENTATIVES,
    27         ONE APPOINTED BY THE MINORITY LEADER AND ONE APPOINTED BY
    28         THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
    29             (III)  TWO DIRECTORS APPOINTED BY THE SECRETARY.
    30     * * *
    20010S1240B1896                 - 68 -

     1     SECTION 2.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.




















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