PRINTER'S NO. 2174
No. 1728 Session of 1975
INTRODUCED BY KOLTER, LAUGHLIN, FEE AND DiCARLO,
SEPTEMBER 23, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 23, 1975
AN ACT
1 Amending the act of March 30, 1937 (P.L.115, No.40), entitled
2 "An act to provide for the permanent personal registration of
3 electors in cities of the first class as a condition of their
4 right to vote at elections and primaries, and their
5 enrollment as members of political parties as a further
6 condition of their right to vote at primaries; prescribing
7 certain procedure for the conduct of elections and primaries
8 and the challenge and proof of qualifications of electors;
9 and prescribing the powers and duties of citizens, parties,
10 bodies of electors, registration commissions, commissioners,
11 registrars, inspectors of registration and other appointees
12 of registration commission, election officers, municipal
13 officers, departments and bureaus, police officers, courts,
14 judges, prothonotaries, sheriffs, county commissioners, peace
15 officers, county treasurers, county controllers, registrars
16 of vital statistics, real estate brokers, rental agents,
17 certain public service companies, persons, firms, and
18 corporations operating vehicles for moving furniture and
19 household goods, and boards of school directors; and imposing
20 penalties," providing for registration of electors by mail.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Subsection (a) of section 17, act of March 30,
24 1937 (P.L.115, No.40), known as "The First Class City Permanent
25 Registration Act," amended March 26, 1973 (P.L.9, No.3), is
26 amended to read:
27 Section 17. Days and Hours of Registration; Places of
1 Registration; Use of Polling Places; Payments of Rentals; Use of
2 School Buildings; Public Notice.--
3 (a) The commission, or any commissioner, employe or clerk
4 assigned for that purpose shall at the main office of the
5 commission, during ordinary business hours, and during such
6 additional hours as the commission shall from time to time
7 prescribe, on each day, and on such days and during such hours
8 as the commission may from time to time designate at other
9 offices in the city which the commission shall from time to time
10 have power to establish and discontinue, except Sundays,
11 holidays, the days hereinafter provided for the registration of
12 electors in the districts or wards, the day of each election and
13 each primary, the thirty days next preceding each general,
14 municipal and primary election, and the thirty days next
15 following each election and the five days next following each
16 primary, receive [personal] applications from persons who claim
17 that they are entitled to be registered as electors of the city
18 and who [appear] apply for registration: Provided, however,
19 That in case of a special election within a certain district
20 (congressional, senatorial or representative), held on a day
21 other than the day of a primary, general or municipal election,
22 the registration of electors shall be discontinued in the wards
23 comprising such district for the period of thirty-five days
24 prior to and the five days next following such special election.
25 In each year the commission may also, when it considers it
26 necessary for the convenience of the electors, provide one or
27 more places of registration in each or any ward of the city, at
28 which two or more registrars, as the commission may deem
29 necessary, shall be present to receive [personal] applications
30 from qualified electors of the city who claim that they are
19750H1728B2174 - 2 -
1 entitled to be registered, which registrars shall be present
2 thereat between the hours of seven antemeridian and one
3 postmeridian, and between the hours of four and ten postmeridian
4 on such days as may be selected by the commission, which shall
5 be not more than sixty days, and not less than thirty days,
6 prior to any general, municipal or primary election. [Provided,
7 further, however, That with respect to any person who shall
8 become a citizen of the United States on a day subsequent to the
9 sixtieth day prior to any election or primary, but at least one
10 month prior to the day of such election or primary, the
11 commission or any commissioner, employe or clerk assigned for
12 that purpose shall receive personal applications from such
13 person if he or she is otherwise qualified at the office of the
14 registration commission until the thirtieth day prior to such
15 election or primary during ordinary business hours except
16 Sundays, holidays and the days hereinbefore provided for the
17 registration of electors in the districts or wards.]
18 * * *
19 Section 2. Subsection (a) of section 20 of the act, amended
20 September 19, 1961 (P.L.1493, No.636), is amended to read:
21 Section 20. Manner of Registration.--(a) Every person
22 claiming the right to be registered as an elector [must] may
23 apply for registration by mail or may appear in person before
24 the commission, a commissioner, a clerk or employe of the
25 commission acting as registrar or a registrar at the main office
26 of the commission, or at such other office or place as the
27 commission shall have designated, and answer the questions
28 required to be asked in accordance with this act.
29 [Every person claiming the right to be registered as an
30 elector who is physically disabled so that he cannot appear in
19750H1728B2174 - 3 -
1 person to be registered may request, in writing, that the
2 registration commission send a registrar to the residence of
3 such person for the purpose of registering such person in the
4 same manner as required by law of other persons appearing for
5 registration. The letter requesting such registration shall be
6 accompanied by a statement of the physician attending such
7 person, stating that such person is physically disabled to the
8 extent that such person is unable to appear at any of the
9 established places for registration. Upon receipt by the
10 registration commission of such a letter duly accompanied by the
11 required physician's statement, the registration commission
12 shall direct one of its registrars to go to the residence of
13 such disabled person and register him or her, as the case may
14 be.]
15 * * *
16 Section 3. Section 20.1 of the act, added July 31, 1941
17 (P.L.710, No.279) and amended June 28, 1947 (P.L.1030, No.438),
18 is amended and renumbered to read:
19 Section [20.1.] 20.1A. Cards to be issued to person
20 Registered. When the registration of an elector registered
21 thereafter has been completed, the registrar, commission,
22 employe or clerk shall mail or deliver to such registered
23 elector a written or printed statement signed by such registrar,
24 commissioner, employe or clerk, setting forth the name and
25 address of the elector, his ward and district, the fact of
26 registration, designation of party enrollment, the date thereof,
27 the serial number of the elector's registration card, space
28 wherein the elector shall affix his signature or mark, and such
29 other information as the commission may deem advisable. [Each
30 such statement shall contain a warning to the effect that the
19750H1728B2174 - 4 -
1 said statement relates only to the time of the issuance thereof
2 and is not of itself evidence or proof of the elector's
3 qualifications to vote at any election or primary.] The
4 possession of such a statement shall be prima facie evidence
5 that the person is a qualified and registered elector entitled
6 to vote in any election, but presentation of the statement shall
7 not be required to cast a ballot. Upon request made at the
8 office of the commission by any registered elector who has been
9 registered prior thereto, the commission, if satisfied that such
10 elector is a qualified elector of the district in which he is
11 registered, shall mail or deliver such a statement of his
12 registration to such elector. If such written or printed
13 statement is delivered by mail to the registered elector at the
14 address given thereon, the carrier envelope in which said
15 statement is enclosed shall contain on the outside a request to
16 the postmaster to return it within five (5) days if it cannot be
17 delivered to the registered elector at the address given.
18 Upon the return by the post office of any such statement
19 which it has been unable to deliver at the registered address
20 because the elector could not be found there, the commission
21 shall mail to such registered elector at the address given a
22 notice, sent as first-class mail to be forwarded, requiring the
23 elector to appear within ten (10) days of the date of mailing
24 such notice in order to satisfy the commission of his
25 qualifications as an elector. At the expiration of the time
26 specified in the notice, the commission shall cancel or suspend
27 the registration of any such elector who has not communicated
28 with the commission and proven his qualification as an elector.
29 Section 4. The introductory paragraph and subsection (e) of
30 section 20.2 of the act added August 14, 1963 (P.L.900, No.432),
19750H1728B2174 - 5 -
1 are amended and the section is amended by adding a subsection to
2 read:
3 Section 20.2. Manner of [Absentee] Registration by [Certain
4 Ill or Disabled Electors] Mail.--Any elector [who is unable to
5 appear in person to register because of illness or physical
6 disability] may, in addition to any other method herein
7 provided, also be registered in the following manner:
8 * * *
9 (b.1) The registration card shall include a statement of the
10 penalties for making a fradulent application for registration as
11 provided by section 45.
12 * * *
13 (e) Registration in the manner prescribed by this section
14 may be made at any time. [If any registration card is received
15 by any registration commission from any elector so registering
16 any time when registration by personal appearance in the manner
17 provided in section 20 of this act could not be made under the
18 provisions of section 17 of this act, such application shall be
19 retained by the commission until the beginning of the next
20 period during which such registration by personal appearance
21 could be made and at such time the applicant, if otherwise
22 entitled, shall be duly registered.]
23 * * *
24 Section 5. Section 24 of the act, amended August 1, 1941
25 (P.L.702, No.277), is amended to read:
26 Section 24. Incomplete or Rejected Application to Be
27 Recorded.--The registrar, clerk or commissioner shall record on
28 registration cards the surname, Christian name or names, and
29 street and number of residence of each person who applies for
30 registration, whether or not the application is accepted.
19750H1728B2174 - 6 -
1 Whenever the applicant is rejected after a portion of the record
2 has been filled in, the registration card or cards shall be
3 marked "Applicant Rejected," and the registrar, clerk or
4 commissioner shall note thereon the reason for the rejection and
5 shall sign his name thereto. The registrar, clerk or
6 commissioner shall forthwith personally notify the applicant if
7 his application for registration is rejected: Provided,
8 however, That if the registration card was received by mail,
9 [from a person in military service] notice of rejection shall be
10 by mail. If such notice of rejection is delivered by mail to the
11 registered elector at the address given thereon, the carrier
12 envelope in which said statement is enclosed shall contain on
13 the outside a request to the postmaster to return it within five
14 days if it cannot be delivered to the registered elector at the
15 address given. All such cards shall be returned to the
16 commission and shall be preserved for a period of two years.
17 Section 6. Subsection (e) of section 38 of the act is
18 amended to read:
19 Section 38. Persons Registered Are Entitled to Vote at
20 General or Municipal Elections if Identified by Signature,
21 Proviso; Evidence of Registration Discrepancies; Persons
22 Registered and Enrolled May Vote at Primaries if Identified by
23 Signature, Proviso; Persons Not Registered Are Not Entitled to
24 Vote; Challenging of Persons; Registered Voter's Certificates;
25 Voting Check List, Elections and Primaries; Counting, Et Cetera,
26 of Names Checked as Having Voted; Sealing of Registers and
27 Voting Check Lists; Return of Lists of Voters and Registers.--
28 * * *
29 (e) No one, except a qualified elector who is in actual
30 military or naval service under a requisition of the President
19750H1728B2174 - 7 -
1 of the United States or by the authority of this Commonwealth,
2 shall be entitled to vote at any election or primary in such
3 city without being [personally] registered as an elector in the
4 election district in which he offers to vote, except by order of
5 the court of common pleas as herein provided regarding appealed
6 cases. Any person, although [personally] registered, may be
7 challenged by any qualified elector, watcher, overseer or
8 election officer, at any election or primary, as to his
9 identity, as to his continued residence in the election
10 district, or as to any alleged violation of the laws of this
11 Commonwealth prohibiting bribery at elections; and if challenged
12 as to identity or residence, he shall produce at least one
13 qualified elector of the election district as a witness, who
14 shall make affidavit of his identity or continued residence in
15 the election district, and shall produce such other evidence as
16 may be required to satisfy the election officers of his identity
17 or continued residence in the election district; and if
18 challenged as to bribery, he shall be required to swear or
19 affirm that the matter of the challenge is untrue, before his
20 vote shall be received.
21 * * *
22 Section 7. The first paragraph of section 40 of the act,
23 amended May 23, 1945 (P.L.898, No.361), is amended to read:
24 Section 40. Cancellation of Registration upon Failure to
25 Vote Within Certain Periods; Request for Reinstatement;
26 Correction of Errors of the Commission in Cancellation of
27 Registrations.--Within three months after the first day of
28 January of each year, the commission shall cause all of the
29 district registers to be examined, and in the case of each
30 registered elector who is not recorded as having voted at any
19750H1728B2174 - 8 -
1 election or primary during the two calendar years immediately
2 preceding, the commission shall send to such elector by mail, at
3 his address appearing upon his registration affidavit, a notice,
4 setting forth that the records of the commission indicate that
5 he has not voted during the two immediately preceding calendar
6 years, and that his registration will be cancelled at the
7 expiration of ten days from the date of mailing such notice
8 unless he shall, within that period, file with the commission,
9 either personally or by mail, a written request for
10 reinstatement of his registration, signed by him, setting forth
11 his place of residence. A list of the persons to whom such
12 notices shall have been mailed shall be sent promptly to the
13 city chairman of the political party of which the electors were
14 registered as members. At the expiration of the time specified
15 in the notice, the commission shall cause the registration of
16 such elector to be cancelled unless he has filed with the
17 commission a signed request for reinstatement of his
18 registration as above provided. The cancellation of the
19 registration of any such elector for failure to vote during the
20 two immediately preceding calendar years shall not affect the
21 right of any such elector to subsequently register by [personal]
22 application in the manner provided by this act.
23 * * *
24 Section 8. Subsection (e) of section 45 of the act is
25 amended to read:
26 Section 45. Crimes and Penalties.--* * *
27 (e) Any registrar or assistant or employe of the
28 registration commission who inserts, or intentionally permits to
29 be inserted, a name or other entries in any registration card
30 without a proper application [in person] on the part of the
19750H1728B2174 - 9 -
1 person registered or without requiring the proper evidence of
2 the right of the applicant to be registered, or who materially
3 alters any registration card after the entries have been made,
4 except upon an order of the court of common pleas or of the
5 commission, shall be guilty of a misdemeanor, and, upon
6 conviction thereof, shall be sentenced to pay a fine not
7 exceeding one thousand ($1,000.00) dollars or to undergo an
8 imprisonment of not more than five (5) years, or both, in the
9 discretion of the court.
10 * * *
11 Section 9. This act shall take effect in 60 days.
I12L28RLC/19750H1728B2174 - 10 -