HOUSE AMENDED PRIOR PRINTER'S NOS. 1597, 1607, 1896 PRINTER'S NO. 1972
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 RE-REPORTED FROM COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 1, 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 AMENDING THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), ENTITLED <-- 28 "AN ACT CONCERNING ELECTIONS, INCLUDING GENERAL, MUNICIPAL, 29 SPECIAL AND PRIMARY ELECTIONS, THE NOMINATION OF CANDIDATES, 30 PRIMARY AND ELECTION EXPENSES AND ELECTION CONTESTS; CREATING
1 AND DEFINING MEMBERSHIP OF COUNTY BOARDS OF ELECTIONS; 2 IMPOSING DUTIES UPON THE SECRETARY OF THE COMMONWEALTH, 3 COURTS, COUNTY BOARDS OF ELECTIONS, COUNTY COMMISSIONERS; 4 IMPOSING PENALTIES FOR VIOLATION OF THE ACT, AND CODIFYING, 5 REVISING AND CONSOLIDATING THE LAWS RELATING THERETO; AND 6 REPEALING CERTAIN ACTS AND PARTS OF ACTS RELATING TO 7 ELECTIONS," FURTHER PROVIDING FOR APPOINTMENT OF WATCHERS AND 8 FOR RESTRICTIONS ON ELECTION DISTRICT ALTERATION; PROVIDING 9 FOR THE STATEWIDE UNIFORM REGISTRY OF ELECTORS ADVISORY 10 BOARD; AND MAKING A REPEAL. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. The definitions of "district register," "general <-- 14 register," "qualified elector," "registrant," "registration 15 records" and "Statewide Uniform Registry of Electors," or "SURE 16 system" in section 102 of the act of June 30, 1995 (P.L.170, 17 No.25), known as the Pennsylvania Voter Registration Act, added 18 June 25, 2001 (P.L.674, No.61), are amended to read: 19 Section 102. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 * * * 24 ["District register." The registration cards or digitized 25 signature list containing the list of qualified electors: 26 (1) arranged, by election district, alphabetically by 27 last name of the registrant; and 28 (2) prepared by the commission under section 702.] 29 "District register." The list of registered electors 30 prepared by the commission under section 702. 31 * * * 32 ["General register." The registration record of a county 33 containing at a minimum all information required on a 34 registration application and a registration card for all 20010S1240B1972 - 2 -
1 registered electors in the county.] 2 "General register." The list of registered electors prepared 3 by the commission under section 701. 4 * * * 5 "Qualified elector." An [individual] applicant who possesses 6 all of the qualifications for voting prescribed by the 7 Constitution of Pennsylvania and the laws of this Commonwealth 8 or who, being otherwise qualified by continued residence in the 9 election district, obtains such qualifications before the next 10 ensuing election. The term does not include a military elector. 11 ["Registrant." An] "Registrant" or "registered elector." A 12 qualified elector who is registered to vote in accordance with 13 this act. 14 * * * 15 "Registration records." The general register, district 16 register and any other record of registration [of electors] 17 maintained by a [county. If provided in regulations promulgated 18 under this act, the] commission. The term [shall also refer to] 19 includes any record maintained by the [county] commission on the 20 Statewide Uniform Registry of Electors. 21 * * * 22 "Statewide Uniform Registry of Electors" or "SURE system." 23 The integrated voter registration system [containing a data 24 base] of all registered electors in this Commonwealth 25 established by Subchapter B of Chapter 3 of this act. 26 Section 2. Section 301 of the act, amended June 25, 2001 27 (P.L.674, No.61), is amended to read: 28 Section 301. Departmental responsibilities. 29 The department shall do all of the following: 30 (1) Provide for applicants to submit their voter 20010S1240B1972 - 3 -
1 registration application to the commission, the Department of 2 Transportation and other agencies designated in section 525. 3 (2) Prescribe a procedure for the return of completed 4 voter registration applications from the Department of 5 Transportation, the Department of Public Welfare, armed 6 forces recruitment centers, Offices of the Clerk of Orphan's 7 Court and all other offices under this act to the secretary 8 or the appropriate commission. 9 (3) Develop [and establish], establish, implement and 10 administer a Statewide Uniform Registry of Electors [subject 11 to the requirements of section 321] in accordance with 12 Subchapter B. 13 (4) Promulgate regulations necessary to administer this 14 act. 15 Section 3. Section 303(a), (h) and (k) of the act, amended 16 June 25, 2001 (P.L.674, No.61), are amended and the section is 17 amended by adding a subsection to read: 18 Section 303. Commissions. 19 (a) Establishment.--A [registration] commission is 20 established in each county. The commission has jurisdiction over 21 the registration of applicants, qualified electors and 22 registered electors of the county under this act. 23 * * * 24 (h) Errors.--A commission [has the power to] shall correct 25 an error or irregularity in registration and [to] cancel the 26 registration of an individual whom it finds to be improperly 27 registered, subject only to this act. Written notice [must] 28 shall be mailed or delivered to each individual whose 29 registration is canceled. Whenever a registered elector's name 30 is changed for any reason, [that] the registered elector's SURE 20010S1240B1972 - 4 -
1 registration number shall remain the same, and the file shall 2 reflect the former name change to the new name. [A commission 3 shall promptly update information contained in its registration 4 records with regard to such errors or irregularities.] 5 * * * 6 (k) Correction of errors.-- 7 (1) A commission shall correct its registration records 8 without requiring action of a registered elector in any of 9 the following cases: 10 (i) If the mailing address of the registered elector 11 has been changed by the renaming of a street, the 12 renumbering of a house or the changing of a post office. 13 (ii) If the election district of the registered 14 elector has been changed through a change in the 15 boundaries of an election district. 16 (2) Notice of action under paragraph (1) shall be mailed 17 promptly to the affected registered elector. 18 (l) Update.--A commission shall promptly update information 19 contained in its registration records. 20 Section 4. Sections 321 and 322 of the act, added June 25, 21 2001 (P.L.674, No.61), are amended to read: 22 [Section 321. Legislative intent. 23 It is the intent of the General Assembly that a Statewide 24 system of voter registration be established in this Commonwealth 25 to ensure the integrity and accuracy of voter registration 26 records. All commissions shall be linked electronically to a 27 data base containing information pertaining to all registered 28 electors in this Commonwealth. The system shall be in a uniform 29 format and shall be compatible, as far as practicable, with 30 current technologies employed by the commissions with regard to 20010S1240B1972 - 5 -
1 voter registration. The system shall, as far as practicable, 2 preserve the power of the commissions to make determinations as 3 to the qualifications of electors. When commissions fail to 4 perform the duties imposed by this act, the department shall be 5 empowered to enforce compliance.] 6 Section 322. [Establishment of] SURE system. 7 (a) Establishment.--The department shall develop and 8 [implement] establish a Statewide Uniform Registry of Electors 9 [containing a data base of all registered electors in this 10 Commonwealth] to be known as the SURE system. 11 (b) Advisory board.-- 12 (1) The secretary shall form an advisory board to 13 [assist the department in determining and identifying the <-- 14 necessary elements and requirements of the SURE system. 15 (2) The secretary shall appoint nine directors of 16 elections, one from each class of counties, and shall appoint 17 three county commissioners, each from a different class of 18 counties from a list submitted by the County Commissioners 19 Association of Pennsylvania. The advisory board shall also be 20 comprised of four members of the General Assembly who have 21 been appointed to the Joint Select Committee on Election 22 Reform pursuant to House Resolution 14 of 2001 as follows: 23 (i) Two members of the House of Representatives, one 24 of whom shall be a member of the minority party 25 recommended by the Minority Leader, appointed by the 26 Speaker of the House of Representatives. 27 (ii) Two members of the Senate, one of whom shall be 28 a member of the minority party recommended by the 29 Minority Leader, appointed by the President pro tempore 30 of the Senate. 20010S1240B1972 - 6 -
1 (3) On or before October 15, 2001, the secretary shall 2 make a report of the recommendations of the department with 3 regard to the necessary elements and requirements of the SURE 4 system. The report shall be submitted to the State Government 5 Committee of the Senate and the State Government Committee of 6 the House of Representatives. The recommendations shall 7 include, but not necessarily be limited to, the following: 8 (i) requirements for county participation in the 9 SURE system; 10 (ii) access to the SURE system for review and search 11 capabilities; 12 (iii) use of the SURE system as the general register 13 of a county; 14 (iv) use of signatures or other forms of voter 15 registration identification; 16 (v) accuracy, security and protection of all 17 information in the SURE system and to ensure that 18 unauthorized entry is not allowed; and 19 (vi) usage and compatibility of the various 20 equipment and technologies currently possessed by the 21 counties.] 22 confer with the department regarding the SURE system. 23 (2) The advisory board shall be comprised of four 24 directors of elections who have been appointed as follows: 25 (i) Two directors by the Senate, one appointed by 26 the Minority Leader and one appointed by the President 27 pro tempore of the Senate. 28 (ii) Two directors by the House of Representatives, 29 one appointed by the Minority Leader and one appointed by 30 the Speaker of the House of Representatives. 20010S1240B1972 - 7 -
1 (c) Requirements.--The SURE system shall be developed as a 2 single, uniform integrated computer system. All commissions 3 shall be connected electronically to the SURE system and shall 4 maintain their registration records in the system. The SURE 5 system shall, at a minimum, do all of the following: 6 (1) Contain a data base of all registered electors in 7 this Commonwealth. 8 (2) Ensure the integrity and accuracy of all 9 registration records in the system by prohibiting 10 unauthorized entry, modification or deletion of registration 11 records. 12 (3) Assign a unique SURE registration number to each 13 individual currently registered in this Commonwealth. 14 (4) Permit the commissions to add, modify and delete 15 information in the system as is necessary and appropriate. 16 (5) Permit each commission and the department to have 17 instant access to a commission's registration records 18 maintained on the system. 19 (6) Be the general register for a commission once the 20 commission is connected to the SURE system. 21 (7) Permit each commission and the department to review 22 and search the system and to permit the sending of notices to 23 the appropriate officials regarding death, change of address 24 or other information which could affect the qualifications of 25 an applicant or the registration of a registered elector. 26 (8) Provide for the electronic transfer of completed 27 voter registration applications and changes of address in 28 accordance with the act. 29 (9) Preserve the power of the commissions to make 30 determinations as to the qualifications of applicants. 20010S1240B1972 - 8 -
1 (10) Assign a unique SURE registration number to each 2 qualified elector who becomes registered and record the 3 registered elector in the general register of the appropriate 4 commission. 5 (11) Permit auditing of each registered elector's 6 registration record from the day of its creation until the 7 day it is canceled. 8 (12) Permit the department to implement section 9 1901(b)(1)(i). 10 (13) Permit the timely printing and transmission by 11 commissions of district registers and all other information 12 contained in the system as may be necessary for the operation 13 of the polling places on election days. 14 (14) Be designed with an emergency recovery system to 15 insure that registration records are not lost in the case of 16 an emergency, natural disaster or other such event that could 17 cause the system to malfunction. 18 (d) Records.--Within 30 days of receiving notice from the 19 department, each commission shall provide to the department, in 20 the manner and form established by the department, an electronic 21 copy of its registration records. Beginning 60 days after 22 receiving notice in accordance with this subsection and 23 continuing until the commission is connected to the SURE system, 24 each commission shall provide monthly to the department, in the 25 manner and form established by the department, an electronic 26 copy of its general register. The provision of records in 27 accordance with this subsection shall not be considered a part 28 of the establishment or implementation of the SURE system. 29 (e) Implementation.--The department shall implement the SURE 30 system as soon as possible. The department shall establish, by 20010S1240B1972 - 9 -
1 regulation, a schedule for each commission to be connected to 2 the SURE system. Commissions shall be connected in an order 3 which maximizes the accuracy, integrity and protection of 4 registration records on a Statewide basis. Upon being connected, 5 each commission shall be required to use the SURE system as its 6 general register. Connection of the commissions shall commence 7 no later than August 31, 2002, and shall be completed Statewide 8 by January 1, 2005. 9 (f) Regulations.--The secretary shall promulgate regulations 10 necessary to establish, implement and administer the SURE 11 system. Regulations shall include all of the following: 12 (1) Uniform procedures for the commissions relating to 13 the SURE system, including the process and manner of entering 14 information into the SURE system, the type and form of 15 information to be entered, the process for identifying and 16 removing duplicate registrations, the manner and time frame 17 for updating information in the system and the manner and 18 form of communications between commissions and between the 19 department and a commission. 20 (2) Periodic training requirements for commissions and 21 their employees. 22 (3) Such other regulations as are necessary to ensure 23 that the SURE system shall comply with all other provisions 24 of this act. 25 Section 5. The act is amended by adding a section to read: 26 Section 323. SURE system costs. 27 The cost of establishment, implementation and maintenance of 28 the SURE system technology and its emergency recovery system 29 shall be borne by the Commonwealth. 30 Section 6. Section 501(a) of the act, amended June 25, 2001 20010S1240B1972 - 10 -
1 (P.L.674, No.61), is amended to read: 2 Section 501. Qualifications to register. 3 (a) Eligibility.--[A qualified elector] An individual who 4 will be at least 18 years of age on the day of the next 5 election, who has been a citizen of the United States for at 6 least one month prior to the next election and who has resided 7 in this Commonwealth and the election district where the 8 [qualified elector] individual offers to vote for at least 30 9 days prior to the next ensuing election and has not been 10 confined in a penal institution for a conviction of a felony 11 within the last five years shall be [entitled to be registered] 12 eligible to register as provided in this chapter. [If an 13 individual is qualified to vote in an election district prior to 14 removal of residence, the individual may, if a resident of this 15 Commonwealth, vote in the election district from which residence 16 was removed within the 30 days preceding the election.] 17 * * * 18 Section 7. Section 522(a) and (b) of the act are amended to 19 read: 20 Section 522. In-person voter registration. 21 (a) General rule.--Applications may be submitted to register 22 to vote or change party enrollment or name or address on current 23 registration record in person before the [registration] 24 commission or a commissioner, a registrar or a clerk at the 25 office of the commission or at a place designated by the 26 commission. The applicant shall be advised that any intentional 27 false statement on the application constitutes perjury and will 28 be punishable as such. The applicant shall provide the 29 information required on the registration application and sign 30 the registration declaration. The commission shall prepare and 20010S1240B1972 - 11 -
1 provide voter registration applications for the purpose of 2 registering qualified electors in accordance with this section. 3 Notwithstanding any other provision of this act, the commission 4 may use a mail registration application for in-person 5 registration. The commission shall mail the [voter's] qualified 6 elector an identification card in accordance with section 7 [527(a)(4)(v)] 528. 8 (b) Notice.--The commission shall, within a reasonable time, 9 publicly announce the address of each place of registration, the 10 address of each office of the commission established for the 11 registration of qualified electors other than its main office 12 and the days and hours when the place or office is open for the 13 registration of qualified electors. The announcement shall be 14 made by posting notice at the place or office and at the 15 commission's main office and by other means as the commission 16 deems advisable. 17 * * * 18 Section 8. Section 523(a), (b) and (c) of the act, amended 19 June 25, 2001 (P.L.674, No.61), are amended to read: 20 Section 523. Application with driver's license application. 21 (a) General rule.-- 22 (1) The Department of Transportation shall provide for 23 simultaneous application for voter registration in 24 conjunction with the process under 75 Pa.C.S. § 1510 25 (relating to issuance and content of driver's license). An 26 application under this subsection shall serve as an 27 application to register to vote unless the applicant fails to 28 sign the voter registration application. The secretary has 29 the primary responsibility for implementing and enforcing the 30 driver's license voter registration system created under this 20010S1240B1972 - 12 -
1 section. The secretary, in consultation with the Secretary of 2 Transportation, may promulgate regulations for implementing 3 this section. 4 (2) An application for voter registration submitted to 5 the Department of Transportation under this subsection shall 6 be considered as updating any previous voter registration 7 information by [the applicant] a registrant. 8 (3) Any change of address submitted to the Department of 9 Transportation for the purposes of driver licensing shall 10 serve as notification of change of address for voter 11 registration for the registrant involved unless the 12 registrant indicates that the change of address is not for 13 voter registration purposes. 14 (b) Process.-- 15 (1) The Department of Transportation shall provide for 16 an application for voter registration as part of a driver's 17 license application. 18 (2) The format of the driver's license/voter 19 registration application shall be determined and prescribed 20 by the secretary and the Secretary of Transportation. 21 (3) The voter registration application portion of the 22 application shall contain all the requirements of an official 23 voter registration application specified in section 527. The 24 voter registration portion of the application: 25 (i) may not require any information that duplicates 26 information required in the driver's license portion of 27 the form, other than a second signature; and 28 (ii) may require only the minimum amount of 29 information necessary to prevent duplicate voter 30 registration, to enable the [registration] commission to 20010S1240B1972 - 13 -
1 assess the eligibility of the applicant and to administer 2 voter registration and other parts of the election 3 process. 4 (c) Transmission.-- 5 (1) The Department of Transportation shall forward 6 completed applications or contents of the completed voter 7 registration applications in machine-readable format to the 8 department by the close of registration for the ensuing 9 election. 10 (2) The department shall transmit the material to the 11 appropriate commission within ten days after the date of its 12 receipt by the Department of Transportation. If a voter 13 registration application is received by the Department of 14 Transportation within five days before the last day to 15 register before an election, the application shall be 16 transmitted to the appropriate commission not later than five 17 days after the date of its receipt by the Department of 18 Transportation. 19 (3) Upon receipt of the completed voter registration 20 information from the department, the commission shall make a 21 record of the date of the receipt of the application and 22 process the application. No applicant shall be deemed 23 eligible to vote until the commission has received and 24 approved the application. 25 (3.1) After the Department of Transportation is 26 connected to the SURE system and notwithstanding paragraphs 27 (1), (2) and (3), the Department of Transportation shall 28 transmit electronically the contents of a completed voter 29 registration application within five days of receipt of the 30 application. Upon receipt of the information from the 20010S1240B1972 - 14 -
1 Department of Transportation, a commission shall make a 2 record of the date of the receipt of the application and 3 process the application in accordance with section 528. If 4 the commission of the county of residence has not been 5 connected to the SURE system, the Department of 6 Transportation shall forward the completed application or 7 contents of the completed application to the department in 8 accordance with paragraph (1). No applicant shall be deemed 9 eligible to vote until the commission has received and 10 approved an application in accordance with section 528. 11 (4) Changes of address shall comply with the following: 12 (i) [The] Before the Department of Transportation is 13 connected to the SURE system, the Department of 14 Transportation shall notify the [secretary] department of 15 changes of address received under subsection (a)(3). The 16 [secretary] department shall notify the commission of the 17 county of the registrant's [prior] former residence. 18 After the Department of Transportation is connected to 19 the SURE system, the Department of Transportation shall 20 notify the commission of the county of the registrant's 21 former residence. If the registrant has moved to an 22 address outside this Commonwealth, the commission shall 23 verify the address change in accordance with section 24 1901. Except as provided in subparagraph (ii), if the 25 registrant confirms in accordance with section 1901(d) 26 that he has moved [outside of the] to another county, the 27 commission shall cancel the registration and forward the 28 registrant's registration [card] information to the 29 commission of the registrant's new county of residence. 30 Except as provided in subparagraph (ii), if the 20010S1240B1972 - 15 -
1 registrant has moved to an address within the 2 commission's jurisdiction, the commission shall promptly 3 update the registration record of the registrant in 4 accordance with section 528. All changes of address 5 received by the Department of Transportation under this 6 section at least 30 days before [a primary, general or 7 municipal] an election must be processed by the 8 commission for the ensuing election. For the purpose of 9 this paragraph, the term "registration information" means 10 the registration card and any other record of 11 registration maintained by a commission. 12 (ii) In the case of changes of address received by 13 the Department of Transportation which do not contain a 14 signature of the registrant, the commission receiving the 15 change of address notification shall mail a notice to the 16 registrant at the new residence address requesting 17 verification of the address change. If the change of 18 address is to a new residence outside the commission's 19 jurisdiction, the commission shall mail the following 20 notice: 21 Date................ 22 Office of the Registration Commission 23 .......... County, Pennsylvania 24 ........ (Address and Telephone No. of County) 25 We have been notified by the Department of Transportation 26 that you recently changed your address from 27 ................. (old residence address) to 28 ............... (new residence address) and that this 29 change of address is to serve as a change of address for 30 voter registration purposes. Unless you notify this 20010S1240B1972 - 16 -
1 office within ten days from the date of this notice that 2 this information is not correct, your voter registration 3 will be transferred to ........... County. You may notify 4 this office by writing your residence address, the date 5 and your signature on the bottom of this form and mailing 6 this notice to this office. You need not notify this 7 office if this information is correct. 8 ............................ 9 Chief Clerk 10 If the address change is within the commission's 11 jurisdiction, the [county] commission shall mail a 12 voter's identification card to the registrant at the new 13 residence address. 14 (iii) If the registrant does not return the notice 15 under subparagraph (ii) within the ten-day period, the 16 commission shall process the change of address according 17 to subparagraph (i). If the registrant notifies the 18 commission that the information is incorrect and the 19 commission is satisfied with the registrant's explanation 20 of the discrepancy, the address of the registrant's 21 registration shall remain unchanged. If the verification 22 notification or voter identification card is returned by 23 the post office as undeliverable as addressed or with a 24 forwarding address, the commission shall send a 25 confirmation notice to the registrant's address of former 26 residence in accordance with section 1901(d)(2). 27 (5) Upon notification and confirmation of any change of 28 address, a commission shall promptly update information 29 contained in its registration record. 30 * * * 20010S1240B1972 - 17 -
1 Section 9. Sections 524, 526 and 527(a) and (b) of the act 2 are amended to read: 3 Section 524. Application by mail. 4 (a) General rule.--An application to register to vote or to 5 change party enrollment or name or address on a current 6 registration may be submitted by voter registration mail 7 application in the manner set forth in this section. An 8 application may be submitted by mail or by representative to the 9 [registration] commission on an official mail registration 10 application, the form of which shall be determined and 11 prescribed by the secretary or the Federal Election Commission 12 pursuant to the National Voter Registration Act (Public Law 103- 13 31, 42 U.S.C. § 1973gg et seq.). The applicant must complete the 14 information required on the registration application and sign 15 the registration declaration. 16 (b) Time.--Registration under this section may be made at 17 any time. If a registration application is received by a 18 commission beyond the deadline for registration provided in 19 section 526, the application shall be retained by the commission 20 until the beginning of the next period during which registration 21 can be made. 22 (c) Military electors.-- 23 (1) A military elector may apply at any time for 24 registration on an official registration application or any 25 form prescribed by the Federal Government for such purpose. 26 (2) The status of a military elector to register under 27 this section with respect to residence shall remain as the 28 same home residence status from which the military elector is 29 qualified to register. If, at the time of leaving that home 30 address, the military elector had not resided in this 20010S1240B1972 - 18 -
1 Commonwealth or in a particular election district for a 2 sufficient time to have been entitled to be registered but, 3 by continued residence, would have become entitled to be 4 registered, the military elector shall be entitled to be 5 registered at the time the military elector would have been 6 entitled to register had the military elector not left that 7 home address but continued to reside there. 8 (3) The commission is authorized to consider a request 9 for an absentee ballot as a request for an official 10 registration application and to forward to the requester all 11 of the following: 12 (i) An absentee ballot and balloting material. 13 (ii) An official registration application. 14 (4) The military elector must complete and file these 15 documents in accordance with the applicable provisions of the 16 act of June 3, 1937 (P.L.1333, No.320), known as the 17 Pennsylvania Election Code. 18 (5) The right to be registered pursuant to this 19 subsection shall not be subject to challenge for any reason 20 other than failure to have furnished the commission a 21 properly completed registration application. 22 Section 526. Time. 23 (a) General rule.--Except as provided in subsection (b), 24 each [registration] commission, commissioners and registrars or 25 clerks appointed by the commission shall receive, during 26 ordinary business hours and during additional hours as the 27 commission prescribes, at the office of the commission and at 28 additional places as the commission designates, applications 29 from individuals who appear and claim that they are entitled to 30 be registered as electors of a municipality. 20010S1240B1972 - 19 -
1 (b) Deadlines.--In the administration of voter registration, 2 each commission shall ensure that any [eligible] applicant who 3 is a qualified elector is registered to vote in an election when 4 the applicant has met any of the following conditions: 5 (1) In the case of voter registration with a motor 6 vehicle driver's license application under section 523, if 7 the valid voter registration application is submitted to the 8 appropriate Department of Transportation office not later 9 than 30 days before the date of the election. 10 (2) In the case of registration by mail under section 11 524, if the valid voter registration mail application is 12 postmarked not later than the deadline to register for the 13 ensuing election or, in the case of an illegible or missing 14 postmark, it is received not later than five days after the 15 deadline to register for the ensuing election. 16 (3) In the case of voter registration at a voter 17 registration agency under section 525, if the valid voter 18 registration application is accepted at the voter 19 registration agency not later than 30 days before the date of 20 the election. 21 (4) In any other case, if the valid voter registration 22 application of the applicant is received by the appropriate 23 commission not later than 30 days before the election. 24 (c) Special rules.-- 25 (1) In the case of a special election within a 26 congressional, senatorial or representative district held on 27 a day other than the day of a primary, general or municipal 28 election, the registration application forms shall not be 29 processed in the wards and election districts comprising the 30 district for the 30 days prior to the special election for 20010S1240B1972 - 20 -
1 such election. 2 (2) No applications shall be received as follows: 3 (i) On Sundays. 4 (ii) On holidays. 5 (iii) On the day of the election. 6 (iv) During the 30 days next preceding each 7 general, municipal and primary election, except as 8 provided in subsection (b). 9 Section 527. Preparation and distribution of applications. 10 (a) Form.-- 11 (1) The secretary shall prescribe the form of official 12 voter registration application. The official voter 13 registration application shall provide space for the 14 following information about the applicant: 15 (i) Full name. 16 (ii) Address of residence. If the residence is a 17 portion only of the house, the location or number of the 18 room, apartment or floor which is occupied. 19 (iii) Mailing address if different than address of 20 residence. 21 (iv) Name and residence address on previous 22 registration and the year of that registration. 23 (v) Designation of political party, for the purpose 24 of voting at a primary election. 25 (vi) Date of birth. 26 (vii) Telephone number. An application shall not be 27 rejected because of noncompliance with this subparagraph. 28 (viii) Race. An application shall not be rejected 29 because of noncompliance with this subparagraph. 30 (2) Data required on the voter registration application 20010S1240B1972 - 21 -
1 shall not be more nor less than the minimum data elements 2 permissible for Federal voter registration. 3 (3) Any person who assists in the completion of the 4 registration application shall sign the application and 5 indicate the person's address. In the case of those 6 registering under sections 523 and 525, the person providing 7 assistance shall insert the person's initials or employee or 8 agent identification number on a separate or detachable 9 portion of the application or computer data file. 10 (4) A voter registration application shall be printed on 11 stock of good quality and shall be of suitable uniform size. 12 Nothing in this act shall prohibit the design and use of an 13 electronic voter registration application which includes the 14 applicant's digitized or electronic signature. The 15 registration application shall contain the following 16 information; however, the information may be provided on a 17 separate form for voter registration made under section 523 18 or 525: 19 (i) Notice that [an individual currently] a 20 registered elector does not need to reregister unless the 21 [individual] registered elector has moved. 22 (ii) Instructions on how to fill out and submit the 23 application and notification of when the application must 24 be submitted to a voter registration office in order to 25 be registered for the ensuing election. 26 (iii) Notice that the [registrant] applicant must be 27 a citizen of the United States for at least one month 28 prior to the next election and a resident of this 29 Commonwealth and the election district for at least 30 30 days and must be at least 18 years of age by the day of 20010S1240B1972 - 22 -
1 the next ensuing election and has not been confined in a 2 penal institution for a conviction of a felony within the 3 last five years. The notice required in this subparagraph 4 shall be in print identical to the declaration under 5 subsection (b). 6 (iv) Notice that political party enrollment is 7 mandatory to vote in a primary election of a political 8 party. 9 (v) Notice that the commission will mail by 10 nonforwardable mail to the applicant a voter's 11 identification card upon acceptance of the application 12 and that the [registrant] applicant should contact the 13 commission if the identification card is not received 14 within 14 days from the date the application is sent to 15 the registration office. 16 (vi) Notice that registration is not complete until 17 the application is processed and accepted by the 18 commission. 19 (vii) A warning to the [registrant] applicant that 20 making a false registration or furnishing false 21 information is perjury. The notice required in this 22 subparagraph shall be in print identical to the 23 declaration under subsection (b). 24 (viii) Instructions to Federal or State employees 25 who wish to retain voting residence in county of last 26 residence to so indicate on the application. 27 (ix) Notice that, if an [applicant] individual 28 declines to register to vote, the fact that the 29 [applicant] individual has declined to register will 30 remain confidential and will be used only for voter 20010S1240B1972 - 23 -
1 registration purposes. The notice required in this 2 subparagraph shall be in print identical to the 3 declaration under subsection (b). 4 (x) Notice that, if an [applicant] individual does 5 register to vote, the office at which the [applicant] 6 individual submits a voter registration application will 7 remain confidential and will be used for voter 8 registration purposes only. The notices required in this 9 subparagraph shall be in print identical to the 10 declaration in subsection (b). 11 (5) The official voter registration application may be 12 designed in a manner to be inserted in the district register 13 or for transfer to a registration card to be placed in the 14 district register. 15 (6) In jurisdictions where there is a single language 16 minority, the secretary may print a bilingual application. 17 (7) In jurisdictions where a single language minority 18 exceeds 5% of the population, the secretary shall: 19 (i) print a bilingual application; and 20 (ii) conduct a public educational program among that 21 language group alerting both organizations and 22 individuals of that group of the availability of the 23 bilingual application and encouraging [unregistered 24 voters] individuals to register. 25 (8) To implement section 524, the secretary shall print 26 an official voter registration mail application designed to 27 preserve the confidentiality of the information required to 28 be submitted. The application shall contain information 29 required by this section and shall include the name of each 30 county seat, its post office mailing address and zip code and 20010S1240B1972 - 24 -
1 its telephone number. Voter registration mail applications 2 shall contain information indicating whether the application 3 is a new registration, change of party enrollment, change of 4 address or change of name. 5 (9) Nothing in this act shall prohibit a private 6 organization or individual from printing blank voter 7 registration applications or shall prohibit the use of such 8 applications by any other individual, provided that the form, 9 content and paper quality of such voter registration 10 application complies with department regulations for the 11 forms or has received prior approval from the secretary. 12 (b) Registration declaration.-- 13 (1) The official voter registration application shall 14 contain a registration declaration. On the declaration, the 15 applicant shall state all of the following: 16 (i) The applicant has been a citizen of the United 17 States for at least one month prior to the next election. 18 (ii) On the day of the next ensuing election, the 19 applicant shall be at least 18 years of age. 20 (iii) On the day of the next ensuing election, the 21 applicant shall have resided in this Commonwealth and in 22 the election district for at least 30 days. 23 (iv) The applicant has not been confined in a penal 24 institution for a conviction of a felony within the last 25 five years. 26 (v) The applicant is legally qualified to vote. 27 (2) The applicant shall affirm all of the following: 28 (i) The information provided in the registration 29 declaration is true. 30 (ii) The applicant understands that: 20010S1240B1972 - 25 -
1 (A) the registration declaration will be 2 accepted for all purposes as the equivalent of an 3 affidavit; and 4 (B) if the registration contains a material 5 false statement, the applicant shall be subject to 6 penalties for perjury. 7 (3) The registration declaration shall contain the 8 printed name and signature of the applicant and the date of 9 signing. An applicant unable to sign the voter registration 10 application shall make a mark before a person of the 11 applicant's choice other than the applicant's employer or an 12 agent of the applicant's union. [Such] The person shall 13 insert the person's name, address and telephone number. If 14 [such] the person is an employee or agent of the Department 15 of Transportation or another agency, as provided under 16 section 525, and is assisting the applicant in an official 17 capacity, [such] the employee or agent shall insert the 18 initials and identification number of the employee or agent. 19 In the case of applicants registering under section 523 or 20 525, the person providing assistance shall insert initials or 21 employee or agent identification number on a separate or 22 detachable portion of the application or computer data file. 23 (4) The official registration application shall contain 24 a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The 25 notice shall advise the applicant that, if a person signs an 26 official registration application knowing a statement 27 declared in the application to be false, the person commits 28 perjury. The notice shall specify the penalty for perjury. 29 * * * 30 Section 10. Section 528 of the act, amended June 25, 2001 20010S1240B1972 - 26 -
1 (P.L.674, No.61), is amended to read: 2 Section 528. Approval of registration applications. 3 [(a) Examination.-- 4 (1) Official registration applications submitted to a 5 registration commission shall be examined by the commissioner 6 or a clerk or registrar upon receipt. 7 (2) If the official voter registration application 8 submission is in person, the application shall be attested 9 and dated by the commissioner, clerk or registrar. 10 (3) Upon receipt of any other voter registration 11 application, the commission shall make an entry of the date 12 received on the application. If the applicant does not reside 13 within the commission's county but resides elsewhere in this 14 Commonwealth, the commission shall forward the application 15 card to the proper commission and make a record of the 16 forwarding. 17 (b) Decision.-- 18 (1) If the commission finds the official registration 19 application not properly completed, the application shall be 20 rejected. The commission should make reasonable efforts to 21 complete the registration before rejecting it for omissions 22 and inconsistencies. If the commission rejects an application 23 under this paragraph, it shall indicate "REJECTED" on the 24 application and state there the reason for rejection and 25 notify the applicant by first class nonforwardable mail, 26 return postage guaranteed. 27 (2) If the official registration application contains 28 the required information indicating that the applicant is 29 legally qualified to register as stated in the application, 30 the commission shall mail to the applicant a voter's 20010S1240B1972 - 27 -
1 identification card in accordance with subsection (d)(1). 2 (3) For an application for a transfer of registration or 3 a change in address or name, if the application contains the 4 required information and the applicant is legally qualified 5 to transfer registration or change name or address as stated 6 in the application, the commission shall make the transfer or 7 change. If the commission suspects that the applicant is not 8 entitled to transfer registration or to change name or 9 address, the commission may investigate. If the commission 10 finds that the applicant is not entitled to the transfer or 11 change, the application shall be rejected. The applicant 12 shall be notified of the rejection and the reason for it. 13 Rejection shall be made no later than ten days before the 14 election succeeding the filing of the application. 15 (c) Result.--If an application is designed to serve as a 16 registration card, the accepted application of an elector may 17 serve as the elector's official registration card, if it was so 18 designed, and shall be filed in the office of the commission in 19 accordance with Chapter 7. If the application is not designed to 20 serve as a registration card, the information contained on the 21 application, including the elector's signature, shall be 22 transferred to the registration card. If a commission utilizes a 23 signature digitization list, it shall transfer all information 24 contained on the application, including the signature, to the 25 registry or, until the registry is established, to a computer 26 file. Applicants for registration shall be challenged under 27 section 529. 28 (d) Disposition.-- 29 (1) When the registration of an elector has been 30 processed under subsection (b)(2), the commission shall 20010S1240B1972 - 28 -
1 transmit to the applicant by first class nonforwardable mail 2 a wallet-sized voter's identification card, which shall serve 3 as notice to the applicant of the disposition of the 4 application. The card shall contain all of the following: 5 (i) Name and address of the elector. 6 (ii) Name of municipality. 7 (iii) Identification of elector's ward and district. 8 (iv) Effective date of registration. 9 (v) Designation of party enrollment and date of 10 enrollment. 11 (vi) A space for the elector's signature or mark. 12 (vii) A statement that the card relates only to the 13 time of issuance of the card and is not of itself 14 evidence or proof of the qualifications of the elector to 15 vote at an election or proof of identification for 16 purposes of applying for or receiving general assistance 17 and that it is not necessary to present the card when 18 voting. The statements required by this subparagraph 19 shall be placed on the reverse side of the card from 20 where all of the other information required by this 21 paragraph is placed. 22 (viii) A statement that the elector must notify the 23 commission within ten days if any information on the card 24 is incorrect; otherwise the information shall be deemed 25 correct for voter registration purposes. 26 (2) The carrier envelope in which the identification 27 card is enclosed shall contain on the outside a request to 28 the postmaster to return it within five days if it cannot be 29 delivered to the addressee at the address given. 30 (3) No registration application shall be deemed to be 20010S1240B1972 - 29 -
1 accepted until ten days after the voter's identification card 2 has been mailed. Upon return by the post office of an 3 identification card under paragraph (2) which the post office 4 is unable to deliver at the given address, the commission 5 shall investigate. If the commission finds that the applicant 6 is not qualified to register from such address, the 7 commission shall reject the application of the applicant and 8 shall notify the applicant by first class forwardable mail of 9 this action. 10 (4) If the applicant discloses that the elector's last 11 residence address upon registration was a location within 12 another county, the commission of the county of the elector's 13 new residence shall direct a cancellation notice to the 14 commission of the county of the elector's last residence. 15 This cancellation notice shall be in a form approved by the 16 secretary in substantially the following form: 17 Date ......................... 18 Office of the Registration Commission 19 ................ County, Pennsylvania 20 Cancellation of Previous Registration 21 Name .................................., whose date of 22 birth is ..........................., has now registered 23 as an elector in........................ County, 24 Pennsylvania. Our records indicate that this registrant 25 was previously registered in the County of 26 ............................., Pennsylvania, at the 27 following address ............................... 28 ............................ 29 Chief Clerk 30 (5) Upon receipt of the notice in paragraph (4), the 20010S1240B1972 - 30 -
1 commission of the county of the elector's last residence 2 shall transfer a copy of the elector's canceled registration 3 record to the commission of the county of the elector's new 4 residence and retain a record of the transfer. The 5 commissions of both counties shall promptly update 6 information contained in their registration records.] 7 (a) Examination.--Upon receiving a voter registration 8 application, a commissioner, clerk or registrar of a commission 9 shall do all of the following: 10 (1) Initial and date the receipt of the application. 11 (2) Examine the application to determine all of the 12 following: 13 (i) Whether the application is complete. 14 (ii) Whether the applicant is a qualified elector. 15 (iii) Whether the applicant has an existing 16 registration record. After the commission is connected to 17 the SURE system, the commissioner, clerk or registrar 18 shall search the SURE system on a Statewide basis to 19 determine if the applicant has an existing registration 20 record. 21 (iv) Whether the applicant is entitled or qualified 22 to receive the requested transfer or change, if 23 applicable. 24 (b) Decision.--A commission shall do one of the following: 25 (1) Forward application.--Record and forward a voter 26 registration application to the proper commission if the 27 commission finds during its examination under subsection (a) 28 that the applicant does not reside within the commission's 29 county but resides elsewhere in this Commonwealth. 30 (2) Reject application.--Reject a voter registration 20010S1240B1972 - 31 -
1 application, indicate the rejection and the reasons for the 2 rejection on the application and notify the applicant by 3 first class nonforwardable mail, return postage guaranteed of 4 the rejection and the reason if the commission finds during 5 its examination under subsection (a) any of the following: 6 (i) The application was not properly completed and 7 after reasonable efforts by the commission to ascertain 8 the necessary information, the application remains 9 incomplete or inconsistent. 10 (ii) The applicant is not a qualified elector. 11 (iii) The applicant is not entitled to a transfer of 12 registration or a change of address. 13 (iv) The applicant is not legally qualified to a 14 change of name. 15 A rejection shall be made no later than ten days before the 16 election succeeding the filing of the application. 17 (3) New applicant registration.--Process a voter 18 registration application in accordance with subsection (c) if 19 the commission finds during its examination under subsection 20 (a) all of the following: 21 (i) The application requests registration. 22 (ii) The application contains the required 23 information indicating that the applicant is qualified 24 elector of the county. 25 (4) Update existing registration.--Process a voter 26 registration application in accordance with subsection (c) 27 and update its registration records if the commission finds 28 during its examination under subsection (a) all of the 29 following: 30 (i) The application requests registration. 20010S1240B1972 - 32 -
1 (ii) The application contains the required 2 information indicating that the applicant is a qualified 3 elector of the county. 4 (iii) The applicant is currently a registered 5 elector of the county. 6 (5) Transfer existing registration.--Process a voter 7 registration application in accordance with subsection (c) 8 and request transfer of registration records in accordance 9 with subsection (d) if the commission finds during its 10 examination under subsection (a) all of the following: 11 (i) The application requests registration. 12 (ii) The application contains the required 13 information indicating that the applicant is a qualified 14 elector of the county. 15 (iii) The applicant is currently a registered 16 elector of another county. 17 (6) Transfer request.--Process a voter registration 18 application in accordance with subsection (c) and request 19 transfer of registration records in accordance with 20 subsection (d) if the commission finds during its examination 21 under subsection (a) all of the following: 22 (i) The application requests a transfer of 23 registration. 24 (ii) The application contains the required 25 information indicating that the applicant is a qualified 26 elector of the county. 27 (iii) The applicant is currently a registered 28 elector of another county. 29 (7) Change of address request.--Process a voter 30 registration application in accordance with subsection (c) 20010S1240B1972 - 33 -
1 and update its registration if the commission finds during 2 its examination under subsection (a) all of the following: 3 (i) The application requests a change of address. 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 the county. 9 (8) Change of name request.--Process a voter 10 registration application in accordance with subsection (c) 11 and update its registration records if the commission finds 12 during its examination under subsection (a) all of the 13 following: 14 (i) The application requests a change of name. 15 (ii) The applicant is legally qualified to a change 16 of name. 17 (iii) The application contains the required 18 information indicating that the applicant is a qualified 19 elector of the county. 20 (iv) The applicant is currently a registered elector 21 of the county. 22 (c) Processing of voter registration.-- 23 (1) When a commission has accepted a voter registration 24 application under subsection (b)(3), the commission shall 25 assign each applicant a unique identification number in the 26 SURE system. The commission shall mail a wallet-sized voter's 27 identification card to the individual by first class 28 nonforwardable mail, return postage guaranteed, which shall 29 serve as notice of the acceptance of the application. The 30 card shall contain all of the following: 20010S1240B1972 - 34 -
1 (i) Name and address of the individual. 2 (ii) Name of municipality of residence. 3 (iii) Identification of the individual's ward and 4 district. 5 (iv) The effective date of registration. 6 (v) Designation of party enrollment and date of 7 enrollment. 8 (vi) A space for the individual's signature or mark. 9 (vii) The unique identification number of the 10 individual. 11 (viii) A statement that the individual must notify 12 the commission within ten days from the date it was 13 mailed if any information on the card is incorrect; 14 otherwise the information shall be deemed correct for 15 voter registration purposes. 16 (2) When a commission has accepted a voter registration 17 application under subsection (b)(4), (5), (6), (7) or (8), 18 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 or 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. 20010S1240B1972 - 35 -
1 (vii) The SURE registration 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 (3) An envelope containing a voter identification card 9 shall be marked on the outside with a request to the 10 postmaster to return it within five days if it cannot be 11 delivered to the addressee at the address given. 12 (4) (i) If an envelope containing a voter 13 identification card has been mailed in accordance with 14 paragraphs (1) and (3) and has not been returned to the 15 commission by the postmaster within ten days from the 16 date it was mailed, the individual shall be deemed a 17 registered elector of the county and the commission shall 18 enter the individual's registration information in the 19 general register. The unique identification number shall 20 be entered as the registered elector's SURE registration 21 number. No person shall be deemed a registered elector of 22 the county until ten days after the voter identification 23 card has been mailed. 24 (ii) If an envelope containing a voter 25 identification card has been mailed in accordance with 26 paragraphs (2) and (3) and has not been returned to the 27 commission by the postmaster within ten days from the 28 date it was mailed, the individual shall be deemed a 29 registered elector of the county and the commission shall 30 enter the individual's registration information in the 20010S1240B1972 - 36 -
1 general register. No person shall be deemed a registered 2 elector of the county until ten days after the voter 3 identification card has been mailed. 4 (5) If an envelope containing a voter identification 5 card is returned by the postmaster because the envelope is 6 undeliverable at the given address, the commission shall 7 investigate. If the commission finds that the individual is 8 not qualified to register from the address, the commission 9 shall reject the application and shall notify the individual 10 by first class forwardable mail of this action. 11 (d) Transfer of registration records.-- 12 (1) If during application an individual discloses that 13 the individual is a registered elector of another county, the 14 commission of the individual's new county of residence shall 15 direct a cancellation notice to the commission of the 16 individual's former county of residence in accordance with 17 regulations promulgated under this act. 18 (2) Upon receipt of a notice transmitted in accordance 19 with paragraph (1), the commission of the individual's former 20 county of residence shall investigate. If the commission 21 finds that the individual is a registered elector of the 22 county, the commission shall verify the address change with 23 the registered elector in accordance with this act. Upon 24 verifying that the registered elector has moved to another 25 county of residence, the commission shall cancel the 26 registered elector's registration, transfer a copy of the 27 canceled registration record to the commission of the 28 registered elector's new county of residence and retain a 29 record of the transfer. The commission of both counties shall 30 promptly update information contained in their registration 20010S1240B1972 - 37 -
1 records. 2 (e) Challenges.--All challenges to applications for 3 registration shall be made as provided in section 529. 4 Section 11. The act is amended by adding a section to read: 5 Section 528.1. SURE registration number. 6 Each registered elector shall be assigned a single and unique 7 SURE registration number in accordance with sections 528 and 8 913. Once assigned, a SURE registration number shall not be 9 changed, modified or altered. 10 Section 12. Section 701 of the act is amended to read: 11 Section 701. General register. 12 (a) General rule.--The general register shall contain all of 13 the following for each registered elector of the county: 14 (1) The ward and election district of residence. 15 (2) The registered elector's street address. 16 (3) Data required to be given upon removal from the 17 registered elector's residence. 18 (4) The date of each election at which the registered 19 elector votes. 20 (5) The digitized or electronic signature of the 21 registered elector. 22 (6) The SURE registration number. 23 (7) Whether the registered elector needs assistance to 24 vote and, if so, the nature of the disability. 25 (b) District register.--The general register shall be used 26 by the commission to prepare the district register. 27 (c) SURE system.--After a commission is connected to the 28 SURE system, the general register of the commission shall 29 consist of the registration information contained on the SURE 30 system as maintained by the commission. 20010S1240B1972 - 38 -
1 [(a) Original registration cards.--If] 2 (d) Registration cards.--Before a commission is connected to 3 the SURE system, if a commission uses the original registration 4 cards for registered electors in the county as the district 5 register, the duplicate registration cards or photocopies of the 6 original registration cards shall be placed in exact 7 alphabetical order by last name of the registrant, shall be 8 indexed and shall be kept at the office of the registration 9 commission in a manner as to be properly safeguarded. These 10 cards constitute the general register of the county. They may 11 not be removed from the office of the commission except upon 12 order of a court of record. Nothing in this act shall preclude 13 the use of duplicate registration cards from applications 14 provided under the act of March 30, 1937 (P.L.115, No.40), known 15 as The First Class City Permanent Registration Act, or the act 16 of April 29, 1937 (P.L.487, No.115), known as The Permanent 17 Registration Act for Cities of the Second Class, Cities of the 18 Second Class A, Cities of the Third Class, Boroughs, Towns, and 19 Townships. 20 [(b)] (e) Digitized signature lists.--[If] Before a 21 commission is connected to the SURE system, if a commission uses 22 digitized signature lists as the district register, the original 23 registration cards shall be placed in exact alphabetical order 24 by last name of the registrant, indexed and kept at the office 25 of the commission in a manner as to be properly safeguarded. 26 These original cards constitute the general register of the 27 county. They may not be removed from the office of the 28 commission except upon order of a court of record. The 29 commission shall safely retain all registration cards used in 30 the registration of electors or in conducting an election. If a 20010S1240B1972 - 39 -
1 commission has the capability to accept an electronic 2 application, the secretary may require the commission to produce 3 a computer-generated card to file in the general register. If 4 the commission finds a record for a registrant on the computer 5 data base which is not contained in the general register, it 6 shall replace the original card with a computer-generated 7 duplicate card upon written permission from the registrant or 8 upon order of a court of record. 9 [(c)] (f) Duplicate files.--[If] Before a commission is 10 connected to the SURE system, if the commission deems a 11 duplicate file of registration cards necessary for 12 administrative purposes, the commission may prepare a 13 reproduction in compliance with the following: 14 (1) The registration form shall be photographed, 15 microphotographed or reproduced in a manner approved for 16 permanent records by the secretary. 17 (2) The device used to reproduce the card is one which 18 accurately reproduces the original in all details. 19 (3) The photographs, microphotographs or other 20 reproductions are open to public inspection and provision is 21 made for preserving, examining and using them. 22 Section 13. Sections 702, 703, 704 and 705 of the act are 23 amended to read: 24 Section 702. District registers. 25 (a) Registration card file.-- 26 (1) Except as provided in subsection (b) and in section 27 [701(b)] 701(e), the original registration cards shall be 28 filed by election districts in exact alphabetical order by 29 last name of the registrant and shall be indexed. 30 (2) The cards constitute the district register. 20010S1240B1972 - 40 -
1 (3) The commission shall provide binders, which are 2 capable of being locked, for filing and indexing the 3 registration cards. The keys to the binders shall at all 4 times be retained by the commission. 5 (4) The district register shall be kept at the office of 6 the commission, except as provided in subsection (b), and 7 shall be open to public inspection, subject to reasonable 8 safeguards and regulations. 9 (b) Computer lists.-- 10 (1) [Instead] Before a commission is connected to the 11 SURE system, instead of using registration cards as the 12 district register as provided in subsection (a), a commission 13 may use a computer list or computer-generated cards 14 containing the registered electors arranged by election 15 district, alphabetically by last name of the registrant. 16 [(2)] The computer list or computer-generated cards must 17 be in a form prescribed by the secretary and must contain 18 necessary information that would otherwise be available on 19 the registration cards, including a legible digitized 20 signature of the registrant copied from the signature on the 21 registration card. The district election officials shall have 22 computer printouts at the polling places containing the 23 necessary information needed to verify the identity of the 24 elector. The digitized signature list shall be open to public 25 inspection, subject to reasonable safeguards, rules and 26 regulations. 27 (2.1) After a commission is connected to the SURE 28 system, each commission shall create from its general 29 register a computer list to be used as the district register. 30 For each election district, the list shall contain the names 20010S1240B1972 - 41 -
1 of the registered electors of the election district, 2 alphabetically by last name of each registered elector. Each 3 page of the list shall contain the name of the county, the 4 election district, the date of the election and the date and 5 time the list was prepared. The computer list shall be in a 6 form prescribed by the secretary and must contain necessary 7 information that would otherwise be available in the general 8 register, including a legible digitized or electronic 9 signature, the street address and political party of each 10 registered elector, and suitable space for insertion of the 11 signature of the registered elector and for insertion by the 12 proper election official of the number and letter of the stub 13 of the ballot issued to the registered elector or the 14 registered elector's number in the order of admission to the 15 voting systems and the initials of the election official who 16 enters the record of voting in the district register and 17 whether the elector needs assistance to vote and, if so, the 18 nature of the disability. The district register shall be kept 19 at the office of the commission and shall be open to public 20 inspection, subject to reasonable safeguards, rules and 21 regulations. 22 (3) [A] Before connection to the SURE system, a 23 commission may, during systems conversion periods or 24 emergency conditions, provide for a district register 25 containing the original registration cards. The following 26 apply: 27 (i) The original registration cards shall be filed 28 by election district, in one of the following orders, as 29 determined by the commission: 30 (A) Exact alphabetical order by last name of 20010S1240B1972 - 42 -
1 registrant. 2 (B) Order in which registrants' residences 3 appear upon the streets of the election district, in 4 exact alphabetical order by last name of registrant 5 for each residence. 6 (ii) The district register containing registration 7 cards shall be kept at the office of the commission and 8 shall be open for public inspection, subject to 9 reasonable safeguards and regulations and to the 10 provisions of this act. 11 (c) [Currency] Accuracy.--It is the duty of the commission 12 to compare and correct the general register and district 13 registers to ensure their accuracy. By noon of the third day 14 preceding an election, the commission shall [have] correct the 15 district register for each election district [and the registry 16 accurately corrected to date] consistent with the information 17 contained in the general register. 18 (d) Delivery.--The commission shall deliver, in the manner 19 required by law for delivery of election materials, the district 20 register to the election officers for use on election day. 21 (e) Form.--District registers shall be enclosed within a 22 case or container and shall be locked and sealed by the 23 commission before delivery. The district register shall have 24 printed or written thereon the words "District Register of 25 [Voters] Electors" and the district and ward, if any. 26 (f) Examination.--Immediately following each election, the 27 commission shall cause each district register to be examined. 28 The commission specifically shall compare the signature of each 29 elector on each voter's certificate with his signature in the 30 district register and shall report in writing to the district 20010S1240B1972 - 43 -
1 attorney any evidence or indication of probable fraud, 2 impersonation or forgery which may appear to the commission by 3 reason of the comparison. In the case of any elector whom the 4 election officers shall have recorded as removed, deceased, or 5 challenged and prevented from voting, the commission shall 6 ascertain the facts and shall correct the general and district 7 registers in accordance with Chapter 9. 8 Section 703. Street lists. 9 (a) Preparation.--Commencing not later than the 15th day 10 prior to each election, [the registration] each commission shall 11 prepare for each election district a list of the names and 12 addresses of all registered electors as of that date resident in 13 the district. The list may not include the digitized or 14 electronic signature of a registered [voter] elector. The list 15 shall be arranged in one of the following manners: 16 (1) By streets and house numbers. 17 (2) Alphabetically by last name of [registrant] each 18 registered elector. 19 (3) In a manner whereby the location of the elector's 20 residence can be identified. 21 (b) Copies.--The commission shall retain two copies of the 22 list under subsection (a) on file at its office and forward one 23 copy of the list under subsection (a) to the department. These 24 copies shall be available for public inspection during business 25 hours, subject to reasonable safeguards and regulations. 26 (c) Distribution.--The department and each commission shall 27 distribute the list under subsection (a) upon request as 28 follows: 29 (1) To officials concerned with the conduct of 30 elections. 20010S1240B1972 - 44 -
1 (2) To political parties and political bodies. 2 (3) To candidates. 3 (d) Organizations.--The commission may, for a reasonable fee 4 [approved by the secretary], distribute the list under 5 subsection (a), to organized bodies of citizens. 6 Section 704. Public information lists. 7 (a) Establishment.-- 8 (1) The [registration] commission shall provide for 9 computer inquiries concerning individual registered [voters] 10 electors. With respect to each [voter] registered elector who 11 is the subject of an inquiry, the information provided shall 12 contain the name, address, date of birth and voting history. 13 Upon request, the commission shall supply a printed record 14 for each such [voter] elector subject to the provisions of 15 this act. In addition, the commission may make available for 16 inspection a printed or computerized public information list 17 containing the name, address, date of birth and voting 18 history of each registered [voter] elector in the county. 19 (2) The list may also include information on voting 20 districts. 21 (3) The list may not contain the digitized or electronic 22 signature or SURE registration number of the registered 23 elector. 24 (b) Access.-- 25 (1) The secretary may promulgate reasonable regulations 26 governing access to the list. 27 (2) No individual inspecting the list may tamper with or 28 alter it. 29 (3) No individual who inspects the list or who acquires 30 names of registered [voters] electors from the list may use 20010S1240B1972 - 45 -
1 information contained in the list for purposes unrelated to 2 elections, political activities or law enforcement. Before 3 inspecting the list or obtaining names of [voters] registered 4 electors or other information from the list, the individual 5 must provide identification to the public official having 6 custody of the public information list and must state in 7 writing that any information obtained from the list will not 8 be used for purposes unrelated to elections, political 9 activities or law enforcement. 10 (c) Copies.-- 11 (1) The commission shall provide paper copies of the 12 public information lists and may provide copies in some other 13 form to any [voter] registered elector in this Commonwealth 14 within ten days of receiving a written request accompanied by 15 payment of the cost of reproduction and postage. The cost of 16 the copies shall be determined by the office providing 17 copies. 18 (2) An individual who inspects or acquires a copy of a 19 public information list may not use any information contained 20 in it for purposes unrelated to elections, political 21 activities or law enforcement. 22 Section 705. Retention of records. 23 (a) Computer lists.--Each commission shall preserve 24 [computer lists used as] district registers for at least five 25 years in the manner, form and time frame established by the 26 department. 27 (b) Records.-- 28 (1) The department and each commission shall preserve 29 for two years and shall make available for public inspection 30 and, where available, photocopying at a reasonable cost all 20010S1240B1972 - 46 -
1 records concerning the implementation of programs and 2 activities conducted for the purposes of ensuring the 3 accuracy and currency of official lists of [eligible voters] 4 registered electors, except to the extent that the records 5 relate to a declination to register to vote or to the 6 identity of a voter registration agency through which any 7 particular [voter] qualified elector is registered. 8 (2) The records preserved under paragraph (1) shall 9 include lists of the names and addresses of all [individuals] 10 electors to whom notices described in section 901 are sent, 11 and information concerning whether or not the individual has 12 responded to the notice as of the date that inspection of the 13 record is made. 14 (c) Original and existing records.--After a commission is 15 connected to the SURE system, the registration cards and 16 applications utilized under this act, under prior versions of 17 this act under the former act of March 30, 1937 (P.L.115, 18 No.40), known as The First Class City Permanent Registration 19 Act, or under the former act of April 29, 1937 (P.L.487, 20 No.115), known as The Permanent Registration Act for Cities of 21 the Second Class, Cities of the Second Class A, Cities of the 22 Third Class, Boroughs, Towns, and Townships, shall be placed in 23 alphabetical order by last name of the registered elector, 24 indexed and kept at the office of the commission in a manner as 25 to be properly safeguarded. They may not be removed from the 26 office of the commission except upon order of a court of record. 27 The commission shall safely retain all registration cards used 28 in the registration of registered electors for a period of five 29 years after connection at which time they may be destroyed. 30 Section 14. Sections 901, 902 and 903 of the act, amended 20010S1240B1972 - 47 -
1 June 25, 2001 (P.L.674, No.61), are amended to read: 2 Section 901. Removal notices. 3 (a) Form.-- 4 (1) The commission shall make removal notices available 5 to electors who are registered in the county. 6 (2) The notice shall be printed upon cards suitable for 7 mailing, addressed to the office of the commission. The 8 notice shall provide the following information: 9 (i) The address of present residence, including 10 municipality. 11 (ii) The address of last registration, including 12 municipality. 13 (iii) Date of removal to present residence. 14 (iv) Signature. 15 (3) The notice shall contain a statement that the 16 registered elector may, by filling out properly and signing a 17 removal notice and returning it to the office of the 18 commission, secure the transfer of registration effective as 19 to elections at least 30 days after the date of removal into 20 the new district. 21 (4) The notice shall contain a warning to the registered 22 elector that the notice will not be accepted as an 23 application for transfer of the elector's registration unless 24 the signature thereon can be identified by the commission as 25 the elector's signature as it appears on file with the 26 commission. 27 (5) The notice shall contain a warning to the registered 28 elector that the notice must be received by the commission 29 not later than 30 days before the election. If mailed, the 30 notice must be postmarked not later than the deadline for 20010S1240B1972 - 48 -
1 registration or, in the case of an illegible or missing 2 postmark, received within five days of the close of 3 registration. 4 (b) Use.--[An] A registered elector who removes residence 5 from one place to another within the same county must notify the 6 commission by filing a removal notice under subsection (a), or a 7 signed request for renewal that contains the information 8 required in subsection (a), with the commission not later than 9 the registration deadline before the election. If mailed, the 10 notice or request must be postmarked not later than the deadline 11 for registration or, in the case of an illegible or missing 12 postmark, received within five days of the close of 13 registration. The following apply: 14 (1) An official registration application of an elector 15 who has registered by mail qualifies as a removal notice. 16 (2) [An] A registered elector who removes residence from 17 one place to another within the same county and who has not 18 yet filed a removal notice with the commission shall be 19 permitted to vote once at the elector's former polling place 20 following removal if, at the time of signing the voter's 21 certificate, the elector files with the judge of election a 22 signed removal notice properly filled out. Removal notices 23 under this paragraph shall be returned to the commission with 24 the voting check list, and the commission shall proceed to 25 transfer the registration of the electors under section 902 26 and shall promptly update information contained in its 27 registration records. [An] A registered elector may vote in 28 the election district of the elector's former residence no 29 more than one time following the elector's removal. 30 (3) A registered elector who removes residence from one 20010S1240B1972 - 49 -
1 county to another county and who is not registered to vote in 2 the new county of residence shall be permitted to vote in the 3 election district in the former county of residence if, at 4 the time of signing the elector's certificate, the elector 5 files with the judge of election a signed affirmation 6 declaring the elector's new residence. [An] A registered 7 elector may vote in the election district of the elector's 8 former residence no more than one time following the 9 elector's removal. Affirmations made under this paragraph 10 shall be returned to the commission of the elector's former 11 county of residence with the voting checklist, and that 12 commission shall proceed to transfer the registration of the 13 elector under section 902. Upon receipt of the transfer 14 notice, the commission of the elector's new county of 15 residence shall immediately process the transfer of the 16 elector in accordance with section [528(d)(3)] 528. Both 17 commissions shall promptly update information contained in 18 their registration records. 19 Section 902. Transfer of registration. 20 (a) General rule.--Upon timely receipt of notification of 21 removal under section 901(b), the [registration] commission 22 shall proceed as follows: 23 (1) The signature on the notification document shall be 24 compared with the signature of the registered elector as it 25 appears on file with the commission. 26 (2) If the signature appears authentic, the commission 27 shall enter the change of residence [on the registration card 28 of the elector in the general register and district register 29 and shall transfer the registration card of the elector from 30 the district register of the election district of previous 20010S1240B1972 - 50 -
1 residence to the district register of the election district 2 of new residence] on the registered elector's registration 3 records. 4 (3) If a request for transfer which is determined to be 5 authentic under paragraph (2) shows a removal within the 6 period of 30 days preceding an election, the commission, 7 after such election, shall enter the change of residence [on 8 the registration card of the elector in the general register 9 and district register and shall transfer the registration 10 card of the elector from the district register of the 11 election district of previous residence] on the registered 12 elector's registration records. The commission shall advise 13 the registered elector promptly in writing of its action. 14 (4) When a registered elector has filed with a 15 commission a notice that the elector has moved from the 16 county to another county, if the signature appears authentic, 17 the commission shall enter the change of residence on the 18 elector's registration records, cancel the registration of 19 the elector and notify the commission of the elector's new 20 county of residence to register the elector. Upon receipt of 21 the transfer notice, the commission of the elector's new 22 county of residence shall immediately process the transfer of 23 the elector in accordance with section [528(d)(3)] 528. 24 (5) If a request for transfer which is determined to be 25 authentic under paragraph (4) shows a removal within the 26 period of 30 days preceding an election, the commission, 27 after such election, shall enter the change of residence on 28 the elector's registration records, cancel the registration 29 of the elector and notify the commission of the elector's new 30 county of residence to register the elector. Upon receipt of 20010S1240B1972 - 51 -
1 the transfer notice, the commission of the elector's new 2 county of residence shall immediately process the transfer of 3 the elector in accordance with section [528(d)(3)] 528. 4 (6) A commission shall promptly update information 5 contained in its registration records. 6 (b) Electors unable to write.--[An] A registered elector who 7 is unable to sign the notification document may affix a mark to 8 the notification document. The mark must be affixed in the 9 presence of a witness who must sign the notification document. 10 Section 903. Change of enrollment of political party. 11 By the deadline for registration, a registered [voter] 12 elector who desires to change the enrollment of political 13 designation or who, although registered, has not previously 14 enrolled as a member of a party may appear before a 15 commissioner, registrar or clerk or may submit an application by 16 mail under section 524 and state in a signed writing the 17 political party in which the [voter] registered elector desires 18 to be enrolled. If the signature of the elector is verified by 19 comparison with the registered elector's signature as it appears 20 on file with the commission, the commissioner, registrar or 21 clerk shall make the change in [the general register and 22 district register. The commission shall also promptly update the 23 information contained in] its registration records. If supported 24 by other evidence of identity, a mark may be made in lieu of a 25 signature by [an] a registered elector who is unable to write. 26 The mark must be made in the presence of a witness who must sign 27 the registration application. 28 Section 15. The act is amended by adding a section to read: 29 Section 913. Conversion of registration records. 30 The department shall convert the registration records of each 20010S1240B1972 - 52 -
1 commission in accordance with section 322. In converting the 2 registration records of each commission, the department shall 3 assign each registered elector a SURE registration number which 4 the commission shall add to the registration records of the 5 registered elector. 6 Section 16. Sections 1301(a), 1502, 1505, 1507(a), 1509, 7 1511, 1512 and 1701 of the act are amended to read: 8 Section 1301. Court of common pleas. 9 (a) Standing.--The following have standing to appeal an 10 action of a [registration] commission to the appropriate court 11 of common pleas: 12 (1) An [individual] applicant whose claim for 13 registration has been denied. 14 (2) An individual whose registration has been canceled 15 by the commission. 16 (3) A qualified elector of a municipality whose rights 17 are impaired by any general order made by the commission. 18 * * * 19 Section 1502. Registration. 20 (a) Improper.--A registrar, commissioner or clerk who 21 knowingly registers or permits the registration of an 22 [individual] applicant not lawfully entitled to be registered 23 commits a misdemeanor of the first degree and shall, upon 24 conviction, be sentenced to pay a fine of not more than $10,000 25 or to imprisonment for not more than five years, or both. 26 (b) Denial.--A registrar, commissioner or clerk who, without 27 reasonable cause, refuses to register [an individual] a 28 qualified elector lawfully entitled to be registered commits a 29 misdemeanor of the first degree and shall, upon conviction, be 30 sentenced to pay a fine of not more than $10,000 or to 20010S1240B1972 - 53 -
1 imprisonment for not more than five years, or both. 2 Section 1505. Votes. 3 (a) Prohibition.--An election officer may not do any of the 4 following: 5 (1) Knowingly refuse the vote of a registered [and 6 qualified] elector. 7 (2) Knowingly accept the vote of [a person] an 8 individual not registered under this act. This paragraph does 9 not apply to a person in actual military service or [a 10 person] an individual having an order of court. 11 (3) Knowingly receive a vote from a person falsely 12 claiming to be a registered [voter] elector. 13 (b) Penalty.--A person who violates subsection (a) commits a 14 misdemeanor of the first degree and shall, upon conviction, be 15 sentenced to pay a fine of not more than $10,000 or to 16 imprisonment for not more than five years, or both. 17 Section 1507. Official documents and electronic records. 18 (a) Prohibition.--A person may not do any of the following: 19 (1) Intentionally insert or permit to be inserted a 20 material entry in any registration card, the SURE system, 21 street list, affidavit, petition, subpoena, certificate, 22 report or other record, authorized or required by this act to 23 be made or prepared for a purpose set forth in this act, 24 which entry is not in accordance with this act. 25 (2) Intentionally materially alter or intentionally 26 destroy an entry which has been made in any registration 27 card, the SURE system, street list, affidavit, petition, 28 subpoena, certificate, report or other record, authorized or 29 required by this act to be made or prepared for a purpose set 30 forth in this act, which alteration or destruction is not in 20010S1240B1972 - 54 -
1 accordance with this act. 2 (3) Remove a record from lawful custody with the intent 3 to prevent the record from being used, inspected or copied. 4 (4) Access the SURE system, its component parts, or any 5 other official documents or records without lawful 6 authorization or with the intent to publicize or otherwise 7 unlawfully misuse the equipment or information contained 8 therein. 9 * * * 10 Section 1509. Law enforcement assistance. 11 A law enforcement officer who, upon demand of any 12 commissioner or inspector of registration, or of the secretary, 13 fails to render demanded assistance in the maintenance of peace 14 and in the making of arrests without warrant as provided in this 15 act or who intentionally hinders or attempts to hinder any 16 commissioner or inspector of registration in the performance of 17 a duty commits a misdemeanor of the second degree and shall, 18 upon conviction, be sentenced to pay a fine of not more than 19 $5,000 or to imprisonment for not more than two years, or both. 20 Section 1511. Preventing registration. 21 (a) Prohibition.--No person may do any of the following: 22 (1) Knowingly and intentionally prevent [an individual] 23 an applicant who is a qualified elector from being 24 registered. 25 (2) By coercion, threats of bodily injury or 26 intimidation, intentionally prevent or attempt to prevent [an 27 individual] an applicant who is a qualified elector from 28 being registered or a registered elector from changing 29 political enrollment in accordance with the provisions of 30 this act. 20010S1240B1972 - 55 -
1 (3) Intentionally give or promise or offer to give money 2 or goods to an individual as an inducement for the individual 3 to enroll in a particular party or for a registrant to change 4 political enrollment. 5 (4) Prevent a record from being used, inspected or 6 copied. 7 (b) Penalty.--A person who violates subsection (a) commits a 8 misdemeanor of the first degree and shall, upon conviction, be 9 sentenced to pay a fine of not more than $10,000 or to 10 imprisonment for not more than five years, or both. 11 Section 1512. Approval of registration. 12 (a) Prohibition.--A person may not do any of the following: 13 (1) Intentionally alter a party designation [on a 14 registration card under section 528(c)] without a request 15 from the registered elector. 16 (2) Intentionally fail to make a transmission under 17 section [528(d)] 528. 18 (b) Penalty.--A person who violates subsection (a) commits a 19 misdemeanor of the third degree and shall, upon conviction, be 20 sentenced to pay a fine of $2,500 or to imprisonment for not 21 more than one year, or both. 22 Section 1701. Attorney General. 23 (a) Investigation.--The secretary shall investigate alleged 24 violations of sections 523 and 525 and report apparent 25 violations to the Attorney General. 26 (b) Prosecution.--Under section 205(a)(6) of the act of 27 October 15, 1980 (P.L.950, No.164), known as the Commonwealth 28 Attorneys Act, the Attorney General shall have prosecutorial 29 jurisdiction over violations reported under subsection (a). 30 (c) Notifications.--The Attorney General shall notify the 20010S1240B1972 - 56 -
1 State Treasurer in accordance with section 1704(b) if the 2 secretary fails to notify the State Treasurer as required by 3 section 1703(b). 4 Section 17. Sections 1703, 1704, 1901, 1902 and 1904 of the 5 act, amended or added June 25, 2001 (P.L.674, No.61), are 6 amended to read: 7 Section 1703. Power of department. 8 (a) General rule.--The department shall have the authority 9 to take any actions, including the authority to audit the 10 registration records of a commission, which are necessary to 11 ensure compliance and participation by the [counties.] 12 commissions. 13 (b) Notifications.--The secretary shall notify the State 14 Treasurer to withhold funds in accordance with section 1704(b) 15 if a commission fails or refuses to comply with the provisions 16 of this act. 17 Section 1704. Relief. 18 (a) Injunctive.--In the event that a commission fails to 19 adhere to any provision of this act, the secretary is authorized 20 to seek declaratory and injunctive relief in Commonwealth Court. 21 (b) Withholding of appropriations.--In accordance with 22 sections 1701 and 1703 and in addition to any remedy provided in 23 subsection (a), the State Treasurer shall, upon notification, 24 withhold any part or all of the State appropriations to which a 25 county is entitled, including funding for the court of common 26 pleas but excluding funding for human services, if the 27 commission of the county fails or refuses to comply with the 28 provisions of this act. 29 Section 1901. Removal of [voters] electors. 30 (a) Removal of elector's registration record.--Commissions 20010S1240B1972 - 57 -
1 shall institute a program to protect the integrity of the 2 electoral process and to ensure the maintenance of accurate and 3 current [voter] registration records. The program shall be 4 uniform, nondiscriminatory and in compliance with the Voting 5 Rights Act of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et 6 seq.). An elector's registration shall not be canceled except as 7 follows: 8 (1) At the request of the elector. 9 (2) Upon the death of the elector under section 905. 10 (3) Upon confirmation that the elector has moved to a 11 residence outside the county. 12 (4) Under a voter removal program as provided for under 13 subsection (b) and in compliance with the National Voter 14 Registration Act of 1993 (Public Law 103-31, 42 U.S.C. § 15 1973gg et seq.). 16 (b) Voter removal program.-- 17 (1) [The] Each commission shall establish a program to 18 identify registered electors whose address may have changed 19 by establishing one of the following programs: 20 (i) National change of address. The secretary shall 21 establish by regulation a program whereby information 22 supplied by the United States Postal Service through its 23 licensees is used on a periodic basis, but not less than 24 once every calendar year, to identify registered electors 25 who may have changed addresses. The information shall be 26 incorporated in the SURE system and shall be forwarded to 27 the commissions in a manner determined by the secretary 28 by regulation. 29 (A) If it appears from the information provided 30 through the United States Postal Service that an 20010S1240B1972 - 58 -
1 elector has moved to a different residence address 2 within the same county as the elector is currently 3 registered, the commission shall change the 4 registration records to show the new address and 5 shall send the elector, to the address recorded on 6 the elector's registration, a notice of the change of 7 address by forwardable mail and a postage prepaid, 8 preaddressed return form by which the elector may 9 verify or correct the address information. 10 (B) If it appears from the information provided 11 through the United States Postal Service that [an] a 12 registered elector has moved to a different residence 13 address outside the county, the commission shall use 14 the notice procedure described in clause (A). 15 (ii) Confirmation mailing: 16 (A) A commission may establish a program by 17 sending a direct, nonforwardable first class "return 18 if undeliverable - address correction requested" 19 mailing to all registered electors in the county. 20 (B) If this program is established, the 21 commission shall use the notice procedure described 22 in subparagraph (i)(A) for any registered elector 23 whose mailing is returned undeliverable. 24 (2) In conjunction with and not as an alternative to a 25 program established under paragraph (1), a commission may use 26 a canvass [may be used] as follows: 27 (i) The [registration] commission may, by 28 commissioners or by inspectors of registration, verify 29 the registration in an election district by visiting the 30 building from which an elector is registered and other 20010S1240B1972 - 59 -
1 buildings as the commission deems necessary. 2 (ii) The commission shall make a record of the name 3 and address of each registered elector who is found not 4 to reside at the registered address or who for any other 5 reason appears to be not qualified to vote in the 6 registered election district. 7 (iii) The commission shall leave at the address of 8 each [person] registered elector referred to in 9 subparagraph (ii) a notice requiring him to communicate 10 with the commission on or before a date which the 11 commission shall designate, and which shall be not less 12 than seven days and not more than 15 days from the date 13 of the notice and in any case not later than the 15th day 14 preceding the election next ensuing, and satisfy the 15 commission of his qualifications as an elector. The 16 commission shall cause a confirmation of each such notice 17 to be sent by mail promptly to [such person] the 18 registered elector at the address from which he is 19 registered. The envelope containing such information is 20 to be plainly marked that it is not to be forwarded. At 21 the expiration of the time specified in the notice, the 22 commission shall cancel the registration of [such person] 23 the registered elector who has not communicated with the 24 commission and proved his qualifications as [an] a 25 registered elector. 26 (iv) To facilitate the canvass under this section, 27 [the] a commission may, when necessary, appoint special 28 inspectors of registration, in number not exceeding 29 double the number of election districts being canvassed. 30 (v) Special inspectors must be [qualified] 20010S1240B1972 - 60 -
1 registered electors of the county. They shall be 2 appointed without reference to residence in election 3 districts or to political affiliations or beliefs. The 4 commission shall instruct special inspectors in their 5 duties. Special inspectors have the powers conferred by 6 this act upon inspectors of registration. 7 (3) In conjunction with and not as an alternative to a 8 program established under paragraph (1), [the] a commission 9 shall send a notice pursuant to subsection (d) to any 10 registered elector who has not voted nor appeared to vote 11 during the period beginning five years before the date of the 12 notice and ending on the date of the notice and for whom the 13 board of elections did not during that period in any other 14 way receive any information that the [voter] elector still 15 resides in the [registered] election district. 16 (4) [Commissions] A commission shall complete, not later 17 than 90 days before each [primary] municipal or general 18 election, at least once per year the voter removal programs 19 under this section and shall promptly update information 20 contained in its registration records. This paragraph shall 21 not be construed to preclude any of the following: 22 (i) Cancellation of an elector's registration as 23 provided for under subsection (a)(1) or (2). 24 (ii) Correction of registration records in 25 accordance with this act. 26 (c) Identification of inactive [voters] electors.--A 27 commission shall mark an "I" on the registration [card] records 28 of each registered elector who has been mailed a form under 29 subsection (b)(1) or (3) and has failed to respond, which shall 30 be included with all other registration [cards] records for that 20010S1240B1972 - 61 -
1 polling site and located at the [individual's] elector's polling 2 site on the day of the election. The commission shall promptly 3 update the information contained in its registration records. 4 (d) Cancellation of registration.-- 5 (1) A commission shall not cancel the registration of 6 [an] a registered elector on the ground that the registered 7 elector has changed residence unless any of the following 8 apply: 9 (i) The registered elector confirms in writing that 10 the elector has changed residence to a location outside 11 the county in which the elector is registered. 12 (ii) The registered elector: 13 (A) has failed to respond to a notice described 14 in paragraph (2); and 15 (B) has not voted nor appeared to vote and, if 16 necessary, corrected the commission's record of the 17 elector's address, in an election during the period 18 beginning on the date of the notice and ending on the 19 day after the date of the second general election for 20 Federal office that occurs after the date of the 21 notice. 22 (2) A notice, as required in paragraph (1)(ii), is 23 acceptable if it is a postage prepaid and preaddressed return 24 card, sent by forwardable mail, on which the registered 25 elector may state the elector's current address, if it 26 contains a notice as follows: 27 (i) The notice must state all of the following: 28 (A) If the registered elector did not change 29 residence or changed residence but still resides in 30 the county, the elector must return the card not 20010S1240B1972 - 62 -
1 later than 30 days prior to the next election. If the 2 card is not returned, affirmation or confirmation of 3 the elector's address may be required before the 4 elector is permitted to vote in an election during 5 the period beginning on the date of the notice and 6 ending on the day after the date of the second 7 general election for Federal office that occurs after 8 the date of the notice. If the elector does not vote 9 in an election during that period, the elector's 10 registration shall be canceled. 11 (B) If the registered elector has changed 12 residence to a place outside the county in which the 13 elector is registered, information shall be provided 14 concerning how the elector can register in the new 15 county of residence. 16 (ii) The notice must state the date of the notice, 17 the date of the next election and the date of the second 18 general election for Federal office occurring after the 19 date of the notice. 20 (3) The commission shall correct registration records in 21 accordance with change of residence information obtained in 22 conformance with this subsection. The commission shall also 23 promptly update its registration records. 24 Section 1902. Procedure for voting following failure to return 25 notification card. 26 (a) Same county.-- 27 (1) [An] A registered elector who has moved from an 28 address in the county covered by a polling place to an 29 address covered by the same polling place shall, 30 notwithstanding failure to notify the commission prior to the 20010S1240B1972 - 63 -
1 date of an election, be permitted to vote in that polling 2 place upon written affirmation by the elector of the change 3 of address before an election official at that polling place. 4 (2) [An] A registered elector who has moved from one 5 address in the county to another address in the same county 6 covered by a different polling place and who has failed to 7 notify the commission of the change of address prior to the 8 date of an election shall be permitted to correct the voting 9 records and vote at the elector's former polling place upon 10 written affirmation by the elector of the new address before 11 an election official at the former polling place. 12 (b) Different county.--[An] A registered elector who has 13 moved from one county to another county and who has failed to 14 notify the commission of the change of address prior to the date 15 of the election shall be permitted to correct the voting records 16 and vote at the elector's former polling place upon written 17 affirmation by the elector of the new address before an election 18 official at the former polling place. Upon receipt of the 19 written affirmation, the commission shall follow the procedures 20 in this act for change of address to a new county and shall 21 update information contained in its registration records. 22 Section 1904. Files. 23 (a) Cancellation.--If the registration of [an] a registered 24 elector is canceled, the [registration] commission shall mark on 25 [the] all registration [cards] records of the elector the word 26 "canceled" and the date and cause of cancellation. The 27 commission shall remove [the card from the general register and 28 the district register] any registration records pertaining to 29 the elector. Removed [cards] records shall be retained separate 30 from registered electors for five years. The commission shall 20010S1240B1972 - 64 -
1 promptly update information contained in its registration 2 records. 3 (b) Nonessential records.--Records which are not essential 4 for maintaining the current status of a [qualified] registered 5 elector may be destroyed by the commission three years from the 6 date the commission marks them as nonessential. 7 Section 18. The Secretary of the Commonwealth shall 8 promulgate regulations to establish and implement the SURE 9 system in accordance with section 322 and to implement this act. 10 The promulgation of regulations under this section shall be 11 exempt from: 12 (1) section 204(b) of the act of October 15, 1980 13 (P.L.950, No.164), known as the Commonwealth Attorneys Act; 14 and 15 (2) the act of June 25, 1982 (P.L.633, No.181), known as 16 the Regulatory Review Act. 17 Section 19. (1) The provisions of 62 Pa.C.S. shall apply to 18 the implementation of Ch. 3 Subch. B of the act except as 19 provided in this section. 20 (2) If a bidder or offeror, a prospective bidder or 21 offeror or a prospective contractor is aggrieved in 22 connection with the solicitation or award of the contract, he 23 may protest to the head of the purchasing agency in writing. 24 (3) If the protestant is a bidder or offeror or a 25 prospective contractor, the protest shall be filed with the 26 head of the purchasing agency within seven days after the 27 aggrieved bidder or offeror or prospective contractor knew or 28 should have known of the facts giving rise to the protest 29 except that in no event may a protest be filed later than 30 seven days after the date the contract was awarded. If the 20010S1240B1972 - 65 -
1 protestant is a prospective bidder or offeror, a protest 2 shall be filed with the head of the purchasing agency prior 3 to the bid opening time or the proposal receipt date. If a 4 bidder or offeror, a prospective bidder or offeror, or a 5 prospective contractor fails to file a protest or files an 6 untimely protest, the bidder or offeror, the prospective 7 bidder or offeror, or the prospective contractor shall be 8 deemed to have waived its right to protest the solicitation 9 or award of the contract in any forum. Untimely filed 10 protests shall be disregarded by the purchasing agency. 11 (4) A protest shall state all grounds upon which the 12 protestant asserts the solicitation or award of the contract 13 was improper. The protestant may submit with the protest any 14 documents or information it deems relevant to the protest. 15 (5) Within 15 days of receipt of a protest, the 16 contracting officer may submit to the head of the purchasing 17 agency and the protestant a response to the protest, 18 including any documents or information he deems relevant to 19 the protest. The protestant may file a reply to the response 20 within ten days of the date of the response. 21 (6) The head of the purchasing agency or his designee 22 shall review the protest and any response or reply and may 23 request and review such additional documents or information 24 he deems necessary to render a decision, and may, at his sole 25 discretion, conduct a hearing. The head of the purchasing 26 agency or his designee shall provide to the protestant and 27 the contracting officer a reasonable opportunity to review 28 and address any additional documents or information deemed 29 necessary by the head of the purchasing agency or his 30 designee to render a decision. 20010S1240B1972 - 66 -
1 (7) Upon completing an evaluation of the protest in 2 accordance with paragraph (6), the head of the purchasing 3 agency or his designee shall issue a written determination 4 stating the reasons for the decision. The determination shall 5 be issued within 60 days of the receipt of the protest unless 6 extended by consent of the head of the purchasing agency and 7 the protestant. The determination shall be the final order of 8 the purchasing agency. If the head of the purchasing agency 9 or his designee determines that the solicitation or award of 10 the contract was contrary to law, he may enter an order 11 authorized by 62 Pa.C.S. Ch. 17 Subch. D. 12 (8) Within 15 days of the mailing date of a final 13 determination denying a protest, a protestant may file an 14 appeal with the Commonwealth Court. Issues not raised by the 15 protestant before the purchasing agency are deemed waived and 16 may not be raised before the court. 17 (9) The record of determination for review by the court 18 shall consist of the solicitation or award; the contract, if 19 any; the protest and any response, reply or any additional 20 documents or information considered by the head of the 21 purchasing agency or his designee; the hearing transcript and 22 exhibits, if any; and the final determination. 23 (10) The court shall hear the appeal, without a jury, on 24 the record of determination certified by the purchasing 25 agency. The court shall affirm the determination of the 26 purchasing agency unless it finds from the record that the 27 determination is arbitrary and capricious, an abuse of 28 discretion or is contrary to law. 29 (11) If the determination is not affirmed, the court may 30 enter any order authorized by 42 Pa.C.S. § 706, provided, 20010S1240B1972 - 67 -
1 that if the court determines that the solicitation or award 2 of the contract is contrary to law, then the remedy the court 3 shall order is limited to canceling the solicitation or award 4 and declaring void any resulting contract. 5 (12) In the event a protest is filed timely under this 6 section and until the time has elapsed for the protestant to 7 file a petition for review in Commonwealth Court, the 8 purchasing agency may elect not to proceed further with the 9 solicitation or with the award of the contract. 10 (13) This section shall be the exclusive procedure for 11 protesting a solicitation or award of the contract by a 12 bidder or offeror, a prospective bidder or offeror, or a 13 prospective contractor that is aggrieved in connection with 14 the solicitation or award of the contract. The provisions of 15 2 Pa.C.S. shall not apply to this section. 16 Section 20. Section 18 shall expire on December 31, 2002. 17 Section 21. This act shall take effect as follows: 18 (1) This section and sections 4, 18 and 19 of this act 19 shall take effect immediately. 20 (2) The remainder of this act shall take effect in 45 21 days. 22 SECTION 1. SECTION 1222(B)(2) OF TITLE 25 OF THE <-- 23 PENNSYLVANIA CONSOLIDATED STATUTES, ADDED JANUARY 31, 2002 24 (P.L.18, NO.3), IS AMENDED TO READ: 25 § 1222. SURE SYSTEM. 26 * * * 27 (B) ADVISORY BOARD.-- 28 * * * 29 (2) THE ADVISORY BOARD SHALL BE COMPRISED OF [FOUR] SIX 30 DIRECTORS OF ELECTIONS WHO HAVE BEEN APPOINTED AS FOLLOWS: 20010S1240B1972 - 68 -
1 (I) TWO DIRECTORS BY THE SENATE, ONE APPOINTED BY 2 THE MINORITY LEADER AND ONE APPOINTED BY THE PRESIDENT 3 PRO TEMPORE OF THE SENATE. 4 (II) TWO DIRECTORS BY THE HOUSE OF REPRESENTATIVES, 5 ONE APPOINTED BY THE MINORITY LEADER AND ONE APPOINTED BY 6 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 7 (III) TWO DIRECTORS APPOINTED BY THE SECRETARY. 8 * * * 9 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. 10 SECTION 1. SECTION 417(B) OF THE ACT OF JUNE 3, 1937 <-- 11 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, 12 AMENDED AUGUST 14, 1963 (P.L.1048, NO.453), IS AMENDED TO READ: 13 SECTION 417. APPOINTMENT OF WATCHERS.-- 14 * * * 15 (B) ALL WATCHERS SO APPOINTED SHALL SERVE IN ONLY ONE 16 DISTRICT AND MUST BE QUALIFIED REGISTERED ELECTORS OF THE 17 [MUNICIPALITY OR TOWNSHIP] COUNTY IN WHICH THE DISTRICT WHERE 18 THEY ARE AUTHORIZED TO ACT IS LOCATED. IT SHALL NOT BE A 19 REQUIREMENT THAT THEY BE RESIDENTS OF THE DISTRICT WHERE THEY 20 ARE AUTHORIZED TO ACT. ONLY ONE WATCHER FOR EACH CANDIDATE AT 21 PRIMARIES, OR FOR EACH PARTY OR POLITICAL BODY AT GENERAL, 22 MUNICIPAL OR SPECIAL ELECTIONS, SHALL BE ALLOWED TO REMAIN IN 23 THE POLLING PLACE AT ANY ONE TIME PRIOR TO THE CLOSE OF THE 24 POLLS, AND ALL WATCHERS IN THE ROOM SHALL REMAIN OUTSIDE THE 25 ENCLOSED SPACE. AFTER THE CLOSE OF THE POLLS AND WHILE THE 26 BALLOTS ARE BEING COUNTED OR VOTING MACHINE CANVASSED, ALL THE 27 WATCHERS SHALL BE PERMITTED TO BE IN THE POLLING PLACE OUTSIDE 28 THE ENCLOSED SPACE. EACH WATCHER SHALL BE PROVIDED WITH A 29 CERTIFICATE FROM THE COUNTY BOARD OF ELECTIONS, STATING HIS NAME 30 AND THE NAME OF THE CANDIDATE, PARTY OR POLITICAL BODY HE 20010S1240B1972 - 69 -
1 REPRESENTS. WATCHERS SHALL BE REQUIRED TO SHOW THEIR 2 CERTIFICATES WHEN REQUESTED TO DO SO. WATCHERS ALLOWED IN THE 3 POLLING PLACE UNDER THE PROVISIONS OF THIS ACT, SHALL BE 4 PERMITTED TO KEEP A LIST OF VOTERS AND SHALL BE ENTITLED TO 5 CHALLENGE ANY PERSON MAKING APPLICATION TO VOTE AND TO REQUIRE 6 PROOF OF HIS QUALIFICATIONS, AS PROVIDED BY THIS ACT. [ALL 7 WATCHERS SO APPOINTED AS SET FORTH ABOVE, WHO ARE TO SERVE IN A 8 DISTRICT OTHER THAN THE ONE FROM WHICH THEY ARE REGISTERED 9 ELECTORS, ARE TO BE APPOINTED ON PETITION TO THE COURT OF COMMON 10 PLEAS. SAID PETITION SHALL SET FORTH THAT THE WATCHER IS A 11 QUALIFIED VOTER OF THE MUNICIPALITY OR TOWNSHIP IN WHICH THE 12 DISTRICT IS LOCATED AND THAT SAID WATCHER IS A LAW ABIDING 13 CITIZEN AND OF GOOD REPUTE, AND THE COURT SHALL CONSIDER ALL 14 FACTORS RELEVANT TO SAID PETITION BEFORE GRANTING OR REFUSING 15 SAME.] 16 * * * 17 SECTION 2. SECTION 536 OF THE ACT, ADDED NOVEMBER 24, 1999 18 (P.L.543, NO.51), IS AMENDED TO READ: 19 SECTION 536. RESTRICTIONS ON ALTERATION.--(A) EXCEPT AS 20 PROVIDED IN SUBSECTION (B), THERE SHALL BE NO POWER TO 21 ESTABLISH, ABOLISH, DIVIDE [OR], CONSOLIDATE OR ALTER IN ANY 22 MANNER AN ELECTION DISTRICT DURING THE PERIOD JUNE 1, 2000, 23 THROUGH [APRIL] JUNE 30, 2002, OR THROUGH RESOLUTION OF ALL 24 JUDICIAL APPEALS TO THE 2002 CONGRESSIONAL REAPPORTIONMENT PLAN, 25 WHICHEVER OCCURS LATER. 26 (B) DURING THE PERIOD FROM JUNE 1, 2000, THROUGH DECEMBER 27 31, 2000, AN ELECTION DISTRICT MAY BE DIVIDED OR ELECTION 28 DISTRICTS MAY BE COMBINED IF THE FOLLOWING ARE MET: 29 (1) IN THE CASE OF THE DIVISION OF AN ELECTION DISTRICT, THE 30 BOUNDARY OF EACH RESULTING DISTRICT IS COMPOSED ENTIRELY OF 20010S1240B1972 - 70 -
1 CLEARLY VISIBLE PHYSICAL FEATURES CONFORMING WITH THE CENSUS 2 BLOCK LINES OR PORTIONS OF THE ORIGINAL BOUNDARY OF THE ELECTION 3 DISTRICT WHICH WAS DIVIDED. 4 (2) IN THE CASE OF THE COMBINATION OF ELECTION DISTRICTS, 5 THE BOUNDARY OF EACH RESULTING DISTRICT IS COMPOSED ENTIRELY OF 6 PORTIONS OF THE ORIGINAL BOUNDARIES OF THE ELECTION DISTRICTS 7 WHICH WERE COMBINED. 8 (C) IF AN ALTERATION OF AN ELECTION DISTRICT UNDER 9 SUBSECTION (B) IS SOUGHT, THE FOLLOWING SHALL APPLY: 10 (1) THE COUNTY BOARD OF ELECTIONS SHALL NOTIFY THE BUREAU, 11 IN WRITING, OF THE PROPOSED ALTERATION. THE NOTICE SHALL INCLUDE 12 A MAP AND A DESCRIPTION OF THE PROPOSED BOUNDARY OF ANY NEW OR 13 ALTERED DISTRICT OR DISTRICTS. THE BUREAU SHALL FORWARD A COPY 14 OF ANY NOTICE OF PROPOSED ALTERATION TO THE LEGISLATIVE DATA 15 PROCESSING CENTER WITHIN SEVEN (7) DAYS OF RECEIPT. 16 (2) BEFORE A COUNTY BOARD OF ELECTIONS MAY PETITION THE 17 COURT FOR A CHANGE IN THE BOUNDARY OF AN ELECTION DISTRICT UNDER 18 THIS ACT, THE SECRETARY MUST MAKE A DETERMINATION THAT THE BOARD 19 HAS COMPLIED WITH SUBSECTION (B). ANY OF THE FOLLOWING 20 CONSTITUTE EVIDENCE OF THE DETERMINATION UNDER THIS CLAUSE: 21 (I) A CERTIFICATION BY THE SECRETARY THAT THE DETERMINATION 22 HAS BEEN MADE. 23 (II) A CERTIFICATION BY THE BOARD THAT NOTICE UNDER THIS 24 CLAUSE HAS BEEN GIVEN TO THE BUREAU AND THAT THE SECRETARY HAS 25 NOT ACTED WITHIN FORTY-FIVE (45) DAYS OF THE NOTICE. 26 (3) THE BOARD SHALL FORWARD A COPY OF THE ORDER APPROVING 27 ANY ALTERATION TO THE SECRETARY AND THE LEGISLATIVE DATA 28 PROCESSING CENTER WITHIN SEVEN (7) DAYS OF THE ISSUANCE OF THAT 29 ORDER. 30 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: 20010S1240B1972 - 71 -
1 ARTICLE XIII-C 2 STATEWIDE UNIFORM REGISTRY OF ELECTORS ADVISORY BOARD 3 SECTION 1301-C. DEFINITIONS. 4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 6 CONTEXT CLEARLY INDICATES OTHERWISE: 7 "DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH. 8 "SECRETARY." THE SECRETARY OF THE COMMONWEALTH. 9 "STATEWIDE UNIFORM REGISTRY OF ELECTORS" OR "SURE SYSTEM." 10 THE INTEGRATED VOTER REGISTRATION SYSTEM OF ALL REGISTERED 11 ELECTORS IN THIS COMMONWEALTH ESTABLISHED IN 25 PA.C.S. CH. 12 12 SUBCH. B (RELATING TO STATEWIDE UNIFORM REGISTRY OF ELECTORS 13 (SURE)). 14 SECTION 1302-C. SURE SYSTEM ADVISORY BOARD. 15 (A) ESTABLISHMENT.--THE SECRETARY SHALL FORM AN ADVISORY 16 BOARD TO CONFER WITH THE DEPARTMENT REGARDING THE SURE SYSTEM. 17 (B) COMPOSITION.--THE ADVISORY BOARD SHALL BE COMPRISED OF 18 SIX DIRECTORS OF ELECTIONS WHO HAVE BEEN APPOINTED AS FOLLOWS: 19 (1) TWO DIRECTORS BY THE SENATE, ONE APPOINTED BY THE 20 MINORITY LEADER AND ONE APPOINTED BY THE PRESIDENT PRO 21 TEMPORE OF THE SENATE. 22 (2) TWO DIRECTORS BY THE HOUSE OF REPRESENTATIVES, ONE 23 APPOINTED BY THE MINORITY LEADER AND ONE APPOINTED BY THE 24 SPEAKER OF THE HOUSE OF REPRESENTATIVES. 25 (3) TWO DIRECTORS APPOINTED BY THE SECRETARY. 26 (C) TERMS.--THE TERM OF OFFICE OF EACH MEMBER OF THE 27 ADVISORY BOARD SHALL BE COTERMINOUS WITH THE TERM OF THE 28 AUTHORITY APPOINTING THAT MEMBER. 29 SECTION 4. THE PROVISIONS OF 25 PA.C.S. § 1222(B) ARE 30 REPEALED. 20010S1240B1972 - 72 -
1 SECTION 5. THE AMENDMENT OF SECTION 536 OF THE ACT SHALL 2 APPLY RETROACTIVELY TO NOVEMBER 24, 1999. 3 SECTION 6. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. L3L25MSP/20010S1240B1972 - 73 -