HOUSE AMENDED PRIOR PRINTER'S NOS. 1597, 1607 PRINTER'S NO. 1896
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. L3L25MSP/20010S1240B1896 - 69 -