PRIOR PRINTER'S NOS. 1138, 1216 PRINTER'S NO. 1230
No. 4 Session of 2001
INTRODUCED BY LEMMOND, PICCOLA, CONTI, KUKOVICH, TARTAGLIONE,
GERLACH, MADIGAN, MUSTO, M. WHITE, WENGER, BOSCOLA, THOMPSON,
JUBELIRER, BRIGHTBILL, DENT, WAUGH, GREENLEAF, MOWERY,
SCHWARTZ AND TILGHMAN, JUNE 11, 2001
AS AMENDED ON THIRD CONSIDERATION, JUNE 19, 2001
AN ACT
1 Amending the act of June 30, 1995 (P.L.170, No.25), entitled "An
2 act providing for voter registration, for registration
3 commissions, for remedies and for absentee ballots; imposing
4 penalties; making appropriations; and making repeals,"
5 further providing for definitions and for administrative
6 powers and duties of the Department of State; further
7 providing for existing electors and for commissions;
8 providing for the Statewide Uniform Registry of Electors; and
9 further providing for qualifications to register, for voter
10 registration applications, for challenges AND for update of <--
11 registration records and for physical; AND PROVIDING FOR <--
12 disability.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 102 of the act of June 30, 1995 (P.L.170,
16 No.25), known as the Pennsylvania Voter Registration Act, is
17 amended by adding definitions to read:
18 Section 102. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Applicant." An individual who applies to be registered to
1 vote as provided for in this act.
2 * * *
3 "General register." The registration record of a county
4 containing at a minimum all information required on a
5 registration application and a registration card for all
6 registered electors in the county.
7 * * *
8 "Registrant." An elector who is registered to vote in
9 accordance with this act.
10 * * *
11 "Registration records." The general register, district
12 register and any other record of registration of electors
13 maintained by a county. If provided in regulations promulgated
14 under this act, the term shall also refer to any record
15 maintained by the county on the Statewide Uniform Registry of
16 Electors.
17 * * *
18 "Statewide Uniform Registry of Electors" or "SURE system."
19 The integrated voter registration system containing a data base
20 of all electors in this Commonwealth established by this act.
21 Section 2. The act is amended by adding sections to read:
22 Section 105. Existing electors.
23 All electors registered to vote in this Commonwealth on the
24 effective date of this section who remain qualified shall
25 continue to be registered under this act.
26 Section 106. Administration.
27 The department shall administer this act.
28 Section 3. Chapter 3 of the act is amended by adding a
29 subchapter heading to read:
30 SUBCHAPTER A
20010S0004B1230 - 2 -
1 ADMINISTRATIVE POWERS AND DUTIES
2 Section 4. Sections 301, 302 and 303(h) and (k) of the act
3 are amended to read:
4 Section 301. [Regulations.] Departmental responsibilities.
5 The [secretary shall promulgate regulations necessary to
6 administer this act. The regulations shall include, but not be
7 limited to, provisions which] department shall do all of the
8 following:
9 (1) Provide for applicants to submit their voter
10 registration application to the commission, the Department of
11 Transportation and other agencies designated in section 525.
12 (2) Prescribe a procedure for the return of completed
13 voter registration applications from the Department of
14 Transportation, the Department of Public Welfare, armed
15 forces recruitment centers, Offices of the Clerk of Orphan's
16 Court and all other offices under this act to the secretary
17 or the appropriate commission.
18 (3) [Prescribe a procedure to conduct a study of the
19 technological needs and other aspects of the development and
20 implementation of a Statewide central registry of registered
21 qualified voters, and the study shall be completed by July 1,
22 1996.] Develop and establish a Statewide Uniform Registry of
23 Electors subject to the requirements of section 321.
24 (4) Promulgate regulations necessary to administer this
25 act.
26 [Section 302. Existing electors.
27 All electors registered to vote in this Commonwealth on the
28 effective date of this act remain registered under this act, and
29 all electors registered for Federal elections shall, upon the
30 effective date of this act, become registered for State and
20010S0004B1230 - 3 -
1 local elections.]
2 Section 303. Commissions.
3 * * *
4 (h) Errors.--A commission has the power to correct an error
5 or irregularity in registration and to cancel the registration
6 of an individual whom it finds to be improperly registered,
7 subject only to this act. Written notice must be mailed or
8 delivered to each individual whose registration is canceled.
9 Whenever a registered elector's name is changed for any reason,
10 [the initial] that elector's registration number shall remain
11 the same, and the file shall reflect the former name change to
12 the new name. A commission shall promptly update information
13 contained in its registration records with regard to such errors
14 or irregularities.
15 * * *
16 (k) Correction of errors.--
17 (1) A commission [has the power to] shall correct its
18 records without requiring action of a registered elector in
19 any of the following cases:
20 (i) If the mailing address of the registered elector
21 has been changed by the renaming of a street, the
22 renumbering of a house or the changing of a post office.
23 (ii) If the election district of the registered
24 elector has been changed through a change in the
25 boundaries of an election district.
26 (2) Notice of action under paragraph (1) shall be mailed
27 promptly to the affected registered elector.
28 Section 5. Chapter 3 of the act is amended by adding a
29 subchapter to read:
30 SUBCHAPTER B
20010S0004B1230 - 4 -
1 STATEWIDE UNIFORM REGISTRY OF ELECTORS (SURE)
2 Section 321. Legislative intent.
3 It is the intent of the General Assembly that a Statewide
4 system of voter registration be established in this Commonwealth
5 to insure the integrity and accuracy of voter registration
6 records. All commissions shall be linked electronically to a
7 data base containing information pertaining to all registered
8 electors in this Commonwealth. The system shall be in a uniform
9 format and shall be compatible, as far as practicable, with
10 current technologies employed by the commissions with regard to
11 voter registration. The system shall, as far as practicable,
12 preserve the power of the commissions to make determinations as
13 to the qualifications of electors. When commissions fail to
14 perform the duties imposed by this act, the department shall be
15 empowered to enforce compliance.
16 Section 322. Establishment of SURE system.
17 (a) Establishment.--The department shall develop and
18 implement a Statewide Uniform Registry of Electors containing a
19 data base of all registered electors in this Commonwealth.
20 (b) Advisory board.--
21 (1) The secretary shall form an advisory board to assist
22 the department in determining and identifying the necessary
23 elements and requirements of the SURE system.
24 (2) The secretary shall appoint nine directors of
25 elections, one from each class of counties, and shall appoint
26 three county commissioners, each from a different class of
27 counties from a list submitted by the County Commissioners
28 Association of Pennsylvania. The advisory board shall also be
29 comprised of four members of the General Assembly who have
30 been appointed to the Joint Select Committee on Election
20010S0004B1230 - 5 -
1 Reform pursuant to House Resolution 14 of 2001 as follows:
2 (i) Two members of the House of Representatives, one
3 of whom shall be a member of the minority party
4 recommended by the Minority Leader, appointed by the
5 Speaker of the House of Representatives.
6 (ii) Two members of the Senate, one of whom shall be
7 a member of the minority party recommended by the
8 Minority Leader, appointed by the President pro tempore
9 of the Senate.
10 (3) On or before September 30 OCTOBER 15, 2001, the <--
11 secretary shall make a report of the recommendations of the
12 department with regard to the necessary elements and
13 requirements of the SURE system. The report shall be
14 submitted to the State Government Committee of the Senate and
15 the State Government Committee of the House of
16 Representatives. The recommendations shall include, but not
17 necessarily be limited to, the following:
18 (i) requirements for county participation in the
19 SURE system;
20 (ii) access to the SURE system for review and search
21 capabilities;
22 (iii) use of the SURE system as the general register
23 of a county;
24 (iv) use of signatures or other forms of voter
25 registration identification;
26 (v) accuracy, security and protection of all
27 information in the SURE system and to ensure that
28 unauthorized entry is not allowed; and
29 (vi) usage and compatibility of the various
30 equipment and technologies currently possessed by the
20010S0004B1230 - 6 -
1 counties.
2 Section 6. Sections 501, 523(c), 528(d), 529(d), 901(b),
3 902(a), 903, 904 and 905 of the act are amended to read:
4 Section 501. Qualifications to register.
5 (a) Eligibility.--A qualified elector who will be at least
6 18 years of age on the day of the next election, who has been a
7 citizen of the United States for at least one month prior to the
8 next election and who has resided in this Commonwealth and the
9 election district where the qualified elector offers to vote for
10 at least 30 days prior to the next ensuing election and has not
11 been confined in a penal institution for a conviction of a
12 felony within the last five years shall be entitled to be
13 registered as provided in this chapter. If an individual is
14 qualified to vote in an election district prior to removal of
15 residence, the individual may, if a resident of this
16 Commonwealth, vote in the election district from which residence
17 was removed within the 30 days preceding the election.
18 (b) Effect.--No individual shall be permitted to vote at any
19 election unless the individual is registered under this
20 subsection, except as provided by law or by order of a court of
21 common pleas. No registered elector shall be required to
22 register again for any election while the elector continues to
23 reside at the same address.
24 (c) Removal of residence.--Except as otherwise provided by
25 this act, an elector who removes the elector's residence to
26 another outside the elector's last election district shall not
27 be entitled to vote in the election district of the elector's
28 last residence except pursuant to the provisions of this section
29 and sections 901(b), 902 and 1902.
30 Section 523. Application with driver's license application.
20010S0004B1230 - 7 -
1 * * *
2 (c) Transmission.--
3 (1) The Department of Transportation shall forward
4 completed applications or contents of the completed voter
5 registration applications in machine-readable format to the
6 department by the close of registration for the ensuing
7 election.
8 (2) The department shall transmit the material to the
9 appropriate commission within ten days after the date of its
10 receipt by the Department of Transportation. If a voter
11 registration application is received by the Department of
12 Transportation within five days before the last day to
13 register before an election, the application shall be
14 transmitted to the appropriate commission not later than five
15 days after the date of its receipt by the Department of
16 Transportation.
17 (3) Upon receipt of the completed voter registration
18 information from the department, the commission shall make a
19 record of the date of the receipt of the application and
20 process the application. No applicant shall be deemed
21 eligible to vote until the commission has received and
22 approved the application.
23 (4) Changes of address shall comply with the following:
24 (i) The Department of Transportation shall notify
25 the secretary of changes of address received under
26 subsection (a)(3). The secretary shall notify the
27 commission of the county of the registrant's prior
28 residence. Except as provided in subparagraph (ii), if
29 the registrant has moved outside of the county, the
30 commission shall forward the registrant's registration
20010S0004B1230 - 8 -
1 card to the commission of the registrant's new county of
2 residence. Except as provided in subparagraph (ii), if
3 the registrant has moved to an address within the
4 commission's jurisdiction, the commission shall update
5 the registration record of the registrant. All changes of
6 address received by the Department of Transportation
7 under this section at least 30 days before a primary,
8 general or municipal election must be processed by the
9 commission for the ensuing election.
10 (ii) In the case of changes of address received by
11 the Department of Transportation which do not contain a
12 signature of the registrant, the commission receiving the
13 change of address notification shall mail a notice to the
14 registrant at the new residence address requesting
15 verification of the address change. [The verification
16 notice shall be in substantially the following form:] If
17 the change of address is to a new residence outside the
18 commission's jurisdiction, the commission shall mail the
19 following notice:
20 Date................
21 Office of the Registration Commission
22 .......... County, Pennsylvania
23 ........ (Address and Telephone No. of County)
24 We have been notified by the Department of Transportation
25 that you recently [moved] changed your address from
26 ................. (old residence address) to
27 ............... (new residence address) and that this
28 change of address is to serve as a change of address for
29 voter registration purposes. Unless you notify this
30 office within ten days from the date of this notice that
20010S0004B1230 - 9 -
1 this information is not correct, your voter registration
2 will be transferred to ........... County. You may notify
3 this office by [calling the telephone number appearing
4 on] writing your residence address, the date and your
5 signature on the bottom of this form [or by] 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 shall [notify the registrant
12 what precinct the new address is in using the following
13 form:
14 Date...............
15 Office of the Registration Commission
16 ............ County, Pennsylvania
17 .......... (Address and Telephone No. of County)
18 We have been notified by the Department of Transportation
19 that you recently moved from ................. (old
20 residence address) to (new residence address) and that
21 this change of address is to serve as a change of address
22 for voter registration purposes. Unless you notify this
23 office within ten days from the date of this notice that
24 this information is not correct, your voter registration
25 will be transferred to ................ (new precinct) in
26 this county. You may notify this office by calling the
27 telephone number appearing on this form or by mailing
28 this notice to this office. You need not notify this
29 office if this information is correct.
30 ............................
20010S0004B1230 - 10 -
1 Chief Clerk
2 Such notices must be sent by first class nonforwardable
3 mail, return postage guaranteed, and must be in a form
4 approved by the secretary and designed in such a manner
5 to allow the registrant to indicate that the address
6 change is incorrect, the reason why such discrepancy
7 exists and for return to the county commission. Such
8 notice must be signed by the registrant and dated.] mail
9 a voter's identification card to the registrant at the
10 new residence address.
11 (iii) If the registrant does not return the notice
12 under subparagraph (ii) within the ten-day period, the
13 commission shall process the change of address according
14 to subparagraph (i). If the registrant notifies the
15 commission that the information is incorrect and the
16 commission is satisfied with the registrant's explanation
17 of the discrepancy, the address of the registrant's
18 registration shall remain unchanged. If the verification
19 notification or voter identification card is returned by
20 the post office as undeliverable as addressed or with a
21 forwarding address, the commission shall [direct] send a
22 confirmation notice to the registrant's address of former
23 residence in accordance with section 1901(d)(2).
24 (5) Upon notification and confirmation of any change of
25 address, a commission shall promptly update information
26 contained in its registration record.
27 * * *
28 Section 528. Approval of registration applications.
29 * * *
30 (d) Disposition.--
20010S0004B1230 - 11 -
1 (1) When the registration of an elector has been
2 [finally] processed under subsection (b)(2), the commission
3 shall transmit to the applicant by first class nonforwardable
4 mail a wallet-sized voter's identification card, which shall
5 serve as notice to the applicant of the disposition of the
6 application. The card shall contain all of the following:
7 (i) Name and address of the elector.
8 (ii) Name of municipality.
9 (iii) Identification of elector's ward and district.
10 (iv) Effective date of registration.
11 (v) Designation of party enrollment and date of
12 enrollment.
13 (vi) A space for the elector's signature or mark.
14 (vii) A statement that the card relates only to the
15 time of issuance of the card and is not of itself
16 evidence or proof of the qualifications of the elector to
17 vote at an election or proof of identification for
18 purposes of applying for or receiving general assistance
19 and that it is not necessary to present the card when
20 voting. The statements required by this subparagraph
21 shall be placed on the reverse side of the card from
22 where all of the other information required by this
23 paragraph is placed.
24 (viii) A statement that the elector must notify the
25 commission within ten days if any information on the card
26 is incorrect; otherwise the information shall be deemed
27 correct for voter registration purposes.
28 (2) The carrier envelope in which the identification
29 card is enclosed shall contain on the outside a request to
30 the postmaster to return it within five days if it cannot be
20010S0004B1230 - 12 -
1 delivered to the addressee at the address given.
2 (3) No registration application shall be deemed to be
3 accepted until ten days after the voter's identification
4 card has been mailed. Upon return by the post office of
5 an identification card under paragraph (2) which the post
6 office is unable to deliver at the given address, the
7 commission shall investigate. If the commission finds
8 that the applicant is not qualified to register from such
9 address, the commission shall reject the application of
10 the applicant and shall notify the applicant by first
11 class forwardable mail of this action.
12 (4) If the applicant discloses that the elector's last
13 residence address upon registration was a location within
14 another county, the commission of the county of the elector's
15 new residence shall direct a cancellation notice to the
16 commission of [that county] the county of the elector's last
17 residence. This cancellation notice shall be in a form
18 approved by the secretary in substantially the following
19 form:
20 Date .........................
21 Office of the Registration Commission
22 ................ County, Pennsylvania
23 Cancellation of Previous Registration
24 Name .................................., whose date of
25 birth is ..........................., has now registered
26 as an elector in........................ County,
27 Pennsylvania. Our records indicate that this registrant
28 was previously registered in the County of
29 ............................., Pennsylvania, at the
30 following address ...............................
20010S0004B1230 - 13 -
1 ............................
2 Chief Clerk
3 (5) Upon receipt of the notice in paragraph (4), the
4 commission of the county of the elector's last residence
5 shall transfer a copy of the elector's canceled registration <--
6 record to the commission of the county of the elector's new
7 residence and retain a record of the transfer. The
8 commissions of both counties shall promptly update
9 information contained in their registration records.
10 REGISTRATION RECORD TO THE COMMISSION OF THE COUNTY OF THE <--
11 ELECTOR'S NEW RESIDENCE AND RETAIN A RECORD OF THE TRANSFER.
12 THE COMMISSIONS OF BOTH COUNTIES SHALL PROMPTLY UPDATE
13 INFORMATION CONTAINED IN THEIR REGISTRATION RECORDS.
14 Section 529. Challenges.
15 * * *
16 (d) Resolution.--If the challenged individual establishes,
17 to the satisfaction of the commission, the right to be
18 registered as required by this act, the challenged individual
19 shall be registered. If the challenged individual does not
20 establish to the satisfaction of the commission the right to be
21 registered as provided in this act, the challenged individual's
22 registration, if any, shall be canceled, and the commission
23 shall promptly update information contained in its registration
24 records.
25 Section 901. Removal notices.
26 * * *
27 (b) Use.--An elector who removes residence from one place to
28 another within the same county must notify the commission by
29 filing a removal notice under subsection (a), or a signed
30 request for renewal that contains the information required in
20010S0004B1230 - 14 -
1 subsection (a), with the commission not later than the
2 registration deadline before the election. If mailed, the notice
3 or request must be postmarked not later than the deadline for
4 registration or, in the case of an illegible or missing
5 postmark, received within five days of the close of
6 registration. The following apply:
7 (1) An official registration application of an elector
8 who has registered by mail qualifies as a removal notice.
9 (2) An elector who removes residence from one place to
10 another within the same county and who has not yet filed a
11 removal notice with the commission shall be permitted to vote
12 [at the election next] once at the elector's former polling
13 place following removal if, at the time of signing THE <--
14 voter's certificate, the elector files with the judge of
15 election a signed removal notice properly filled out. Removal
16 notices under this paragraph shall be returned to the
17 commission with the voting check list, and the commission
18 shall proceed to transfer the registration of the electors
19 under section 902[.] and shall promptly update information
20 contained in its registration records. An elector may vote in
21 the election district of the elector's former residence no
22 more than one time following the elector's removal.
23 (3) A registered elector who removes residence from one
24 county another county and who is not registered to vote in
25 the new county of residence, shall be permitted to vote in
26 the election district in the former county of residence if,
27 at the time of signing the elector's certificate, the elector
28 files with the judge of election a signed affirmation
29 declaring the elector's new residence. An elector may vote in
30 the election district of the elector's former residence no
20010S0004B1230 - 15 -
1 more than one time following the elector's removal.
2 Affirmations made under this paragraph shall be returned to
3 the commission of the elector's former county of residence
4 with the voting checklist, and that commission shall proceed
5 to transfer the registration of the elector under section
6 902. Upon receipt of the transfer notice, the commission of
7 the elector's new county of residence shall immediately
8 process the transfer of the elector in accordance with
9 section 528(d)(3). Both commissions shall promptly update
10 information contained in their registration records.
11 Section 902. Transfer of registration.
12 (a) General rule.--Upon timely receipt of notification of
13 removal under section 901(b), the registration commission shall
14 proceed as follows:
15 (1) The signature on the notification document shall be
16 compared with the signature of the elector as it appears on
17 file with the commission.
18 (2) If the signature appears authentic, the commission
19 shall enter the change of residence on the registration card
20 of the elector in the general register and district register
21 and shall transfer the registration card of the elector from
22 the district register of the election district of previous
23 residence to the district register of the election district
24 of new residence.
25 (3) If a request for transfer which is determined to be
26 authentic under paragraph (2) shows a removal within the
27 period of 30 days preceding an election, the commission,
28 after such election, shall enter the change of residence on
29 the registration card of the elector in the general register
30 and district register and shall transfer the registration
20010S0004B1230 - 16 -
1 card of the elector from the district register of the
2 election district of previous residence. The commission shall
3 advise the elector promptly in writing of its action.
4 (4) When a registered elector has filed with a
5 commission a notice that the elector has moved from the
6 county to another county, if the signature appears authentic,
7 the commission shall enter the change of residence on the
8 elector's registration records, cancel the registration of
9 the elector and notify the commission of the elector's new
10 county of residence to register the elector. Upon receipt of
11 the transfer notice, the commission of the elector's new
12 county of residence shall immediately process the transfer of
13 the elector in accordance with section 528(d)(3).
14 (5) If a request for transfer which is determined to be
15 authentic under paragraph (4) shows a removal within the
16 period of 30 days preceding an election, the commission,
17 after such election, shall enter the change of residence on
18 the elector's registration records, cancel the registration
19 of the elector and notify the commission of the elector's new
20 county of residence to register the elector. Upon receipt of
21 the transfer notice, the commission of the elector's new
22 county of residence shall immediately process the transfer of
23 the elector in accordance with section 528(d)(3).
24 (6) A commission shall promptly update information
25 contained in its registration records.
26 * * *
27 Section 903. Change of enrollment of political party.
28 By the deadline for registration, a registered voter who
29 desires to change the enrollment of political designation or
30 who, although registered, has not previously enrolled as a
20010S0004B1230 - 17 -
1 member of a party may appear before a commissioner, registrar or
2 clerk or may submit an application by mail under section 524 and
3 state in a signed writing the political party in which the voter
4 desires to be enrolled. If the signature of the elector is
5 verified by comparison with the elector's signature as it
6 appears on file with the commission, the commissioner, registrar
7 or clerk shall make the change in the general register and
8 district register. The commission shall also promptly update the
9 information contained in its registration records. If supported
10 by other evidence of identity, a mark may be made in lieu of a
11 signature by an elector who is unable to write. The mark must be
12 made in the presence of a witness who must sign the registration
13 application.
14 Section 904. [Physical disability.] Disability.
15 (a) Eligibility.--If an elector by reason of blindness,
16 disability or inability to read or write is unable to read the
17 names on the ballot or on the voting machine labels or is unable
18 to see or mark the ballot or operate the voting machine or to
19 enter the voting compartment or voting machine booth without
20 assistance, the following apply:
21 (1) The elector may, at least ten days prior to the next
22 election, personally make application to the commission or a
23 registrar or a clerk.
24 (2) The application must request the entry of the exact
25 nature of the disability on the elector's registration card.
26 (3) The commission shall make the entry as appropriate.
27 (4) If the disability is not entered on the registration
28 card, the elector may receive assistance if the elector
29 completes a declaration in the polling place.
30 (5) Following the election the commission shall examine
20010S0004B1230 - 18 -
1 declarations completed under this section and shall update
2 the elector's voter registration card to reflect the need for
3 assistance and the nature of the disability.
4 (b) Termination.--If the commission ascertains that an
5 elector who has declared need for assistance is no longer in
6 need of assistance, it shall cancel on the registration card the
7 entry relating to illiteracy or [physical] disability which
8 authorized assistance. The commission shall notify the elector
9 by mail of its action.
10 Section 905. [Department of Health] Death of registrant.
11 (a) Department of Health.--The registration commission shall
12 cancel the registration of a registered elector reported dead by
13 the Department of Health. The Department of Health shall, within
14 60 days of receiving notice of the death of an individual 18
15 years of age or older, send the name and address of residence of
16 that individual to the commission in a manner and on a form
17 prescribed by the department. The commission shall promptly
18 update information contained in its registration records.
19 (b) Other sources.--A registration commission may also
20 utilize published newspaper obituaries, letters testamentary or
21 letters of administration issued by the office of the registrar
22 of wills to cancel and remove the registration of an elector,
23 provided that such removals are uniform, nondiscriminatory and
24 in compliance with the Voting Rights Act of 1965 (Public Law 89-
25 110, 42 U.S.C. § 1973 et seq.). The commission shall promptly
26 update information contained in its registration records.
27 (c) Corrections.--An individual incorrectly reported
28 deceased by the Department of Health or incorrectly removed by
29 the commission for reason of death may appear in person before a
30 commissioner, registrar or clerk at the office of the commission
20010S0004B1230 - 19 -
1 and prove identity. The commission, upon such proof, shall
2 correct its registration records.
3 Section 7. The act is amended by adding a section SECTIONS <--
4 to read:
5 Section 1703. Power of department.
6 The department shall have the authority to take any actions
7 which are necessary to ensure compliance and participation by
8 the counties.
9 SECTION 1704. RELIEF. <--
10 IN THE EVENT THAT A COMMISSION FAILS TO ADHERE TO ANY
11 PROVISION OF THIS ACT, THE SECRETARY IS AUTHORIZED TO SEEK
12 DECLARATORY AND INJUNCTIVE RELIEF IN COMMONWEALTH COURT.
13 Section 8. Sections 1901, 1902(b), 1903, 1904 and 1905(c) of
14 the act are amended to read:
15 Section 1901. Removal of voters.
16 (a) Removal of elector's registration record.--Commissions
17 shall institute a program to protect the integrity of the
18 electoral process and to ensure the maintenance of accurate and
19 current voter registration records. The program shall be
20 uniform, nondiscriminatory and in compliance with the Voting
21 Rights Act of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et
22 seq.). An elector's registration shall not be canceled except as
23 follows:
24 (1) At the request of the elector.
25 (2) Upon the death of the elector under section 905.
26 (3) Upon confirmation that the elector has moved to a
27 residence outside the county.
28 (4) Under a voter removal program as provided for under
29 subsection (b), and in compliance with the National Voter
30 Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
20010S0004B1230 - 20 -
1 1973gg et seq.).
2 (b) Voter removal program.--
3 (1) The commission shall establish a program to identify
4 electors whose address may have changed by establishing one
5 of the following programs:
6 (i) National change of address. The secretary shall
7 establish by regulation a program whereby information
8 supplied by the United States Postal Service through its
9 licensees is used on a periodic basis, but not less than
10 once every calendar year, to identify electors who may
11 have changed addresses. The information shall be
12 incorporated in the [administration of the Statewide
13 central registry] SURE system and shall be forwarded to
14 the commissions in a manner determined by the secretary
15 by regulation.
16 (A) If it appears from the information provided
17 through the United States Postal Service that an
18 elector has moved to a different residence address
19 within the same county as the elector is currently
20 registered, the commission shall change the
21 registration records to show the new address and
22 shall send the elector, to the address recorded on
23 the elector's registration, a notice of the change of
24 address by forwardable mail and a postage prepaid,
25 preaddressed return form by which the elector may
26 verify or correct the address information.
27 (B) If it appears from the information provided
28 through the United States Postal Service that an
29 elector has moved to a different residence address
30 outside the county, the commission shall use the
20010S0004B1230 - 21 -
1 notice procedure described in clause (A).
2 (ii) Confirmation mailing:
3 (A) A commission may establish a program by
4 sending a direct, nonforwardable first class "return
5 if undeliverable - address correction requested"
6 mailing to all registered electors in the county.
7 (B) If this program is established, the
8 commission shall use the notice procedure described
9 in subparagraph (i)(A) for any elector whose mailing
10 is returned undeliverable.
11 (2) In conjunction with and not as an alternative to a
12 program established under paragraph (1), a canvass may be
13 used as follows:
14 (i) The registration commission may, by
15 commissioners or by inspectors of registration, verify
16 the registration in an election district by visiting the
17 building from which an elector is registered and other
18 buildings as the commission deems necessary.
19 (ii) The commission shall make a record of the name
20 and address of each registered elector who is found not
21 to reside at the registered address or who for any other
22 reason appears to be not qualified to vote in the
23 registered election district.
24 (iii) The commission shall leave at the address of
25 each person referred to in subparagraph (ii) a notice
26 requiring him to communicate with the commission on or
27 before a date which the commission shall designate, and
28 which shall be not less than seven days and not more than
29 15 days from the date of the notice and in any case not
30 later than the 15th day preceding the election next
20010S0004B1230 - 22 -
1 ensuing, and satisfy the commission of his qualifications
2 as an elector. The commission shall cause a confirmation
3 of each such notice to be sent by mail promptly to such
4 person at the address from which he is registered. The
5 envelope containing such information is to be plainly
6 marked that it is not to be forwarded. At the expiration
7 of the time specified in the notice, the commission shall
8 cancel the registration of such person who has not
9 communicated with the commission and proved his
10 qualifications as an elector.
11 (iv) To facilitate the canvass under this section,
12 the commission may, when necessary, appoint special
13 inspectors of registration, in number not exceeding
14 double the number of election districts being canvassed.
15 (v) Special inspectors must be qualified electors of
16 the county. They shall be appointed without reference to
17 residence in election districts or to political
18 affiliations or beliefs. The commission shall instruct
19 special inspectors in their duties. Special inspectors
20 have the powers conferred by this act upon inspectors of
21 registration.
22 (3) In conjunction with and not as an alternative to a
23 program established under paragraph (1), the commission shall
24 send a notice pursuant to subsection (d) to any elector who
25 has not voted nor appeared to vote during the period
26 beginning five years before the date of the notice and ending
27 on the date of the notice and for whom the board of elections
28 did not during that period in any other way receive any
29 information that the voter still resides in the registered
30 election district.
20010S0004B1230 - 23 -
1 (4) Commissions shall complete, not later than 90 days
2 before each primary, at least once per year the voter removal
3 programs under this section[.], and shall promptly update
4 information contained in its registration records. This
5 paragraph shall not be construed to preclude any of the
6 following:
7 (i) Cancellation of an elector's registration as
8 provided for under subsection (a)(1) or (2).
9 (ii) Correction of registration records in
10 accordance with this act.
11 (c) Identification of inactive voters.--A commission shall
12 mark an "I" on the registration card of each elector who has
13 been mailed a form under subsection (b)(1) or (3) and has failed
14 to respond, which shall be included with all other registration
15 cards for that polling site and located at the individual's
16 polling site on the day of the election.
17 (d) Cancellation of registration.--
18 (1) A commission shall not cancel the registration of an
19 elector on the ground that the elector has changed residence
20 unless any of the following apply:
21 (i) The elector confirms in writing that the elector
22 has changed residence to a location outside the county in
23 which the elector is registered.
24 (ii) The elector:
25 (A) has failed to respond to a notice described
26 in paragraph (2); and
27 (B) has not voted nor appeared to vote and, if
28 necessary, corrected the commission's record of the
29 elector's address, in an election during the period
30 beginning on the date of the notice and ending on the
20010S0004B1230 - 24 -
1 day after the date of the second general election for
2 Federal office that occurs after the date of the
3 notice.
4 (2) A notice, as required in paragraph (1)(ii), is
5 acceptable if it is a postage prepaid and preaddressed return
6 card, sent by forwardable mail, on which the elector may
7 state the elector's current address, if it contains a notice
8 as follows:
9 (i) The notice must state all of the following:
10 (A) If the elector did not change residence or
11 changed residence but still resides in the county,
12 the elector must return the card not later than 30
13 days prior to the next election. If the card is not
14 returned, affirmation or confirmation of the
15 elector's address may be required before the elector
16 is permitted to vote in an election during the period
17 beginning on the date of the notice and ending on the
18 day after the date of the second general election for
19 Federal office that occurs after the date of the
20 notice. If the elector does not vote in an election
21 during that period, the elector's registration shall
22 be canceled.
23 (B) If the elector has changed residence to a
24 place outside the county in which the elector is
25 registered, information shall be provided concerning
26 how the elector can register in the new county of
27 residence.
28 (ii) The notice must state the date of the notice,
29 the date of the next election and the date of the second
30 general election for Federal office occurring after the
20010S0004B1230 - 25 -
1 date of the notice.
2 (3) The commission shall correct registration records in
3 accordance with change of residence information obtained in
4 conformance with this subsection. The commission shall also
5 promptly update its registration records.
6 Section 1902. Procedure for voting following failure to return
7 notification card.
8 * * *
9 (b) Different county.--An elector who has moved from one
10 county to another county and who has failed to notify the
11 commission of the change of address prior to the date of the
12 election shall be permitted to correct the voting records and
13 vote at the elector's former polling place upon written
14 affirmation by the elector of the new address before an election
15 official at the former polling place. Upon receipt of the
16 written affirmation, the commission shall follow the procedures
17 in this act for change of address to a new county and shall
18 update information contained in its registration records.
19 Section 1903. Incorrect records.
20 If registration records incorrectly indicate that an elector
21 has moved from an address in the area covered by a polling
22 place, the elector shall, upon written affirmation before an
23 election official at that polling place, be permitted to vote at
24 that polling place. Upon receipt of the written affirmation, the
25 commission shall promptly update information contained in its
26 registration records.
27 Section 1904. Files.
28 (a) Cancellation.--If the registration of an elector is
29 canceled, the registration commission shall mark on the
30 registration cards of the elector the word "canceled" and the
20010S0004B1230 - 26 -
1 date and cause of cancellation. The commission shall remove the
2 card from the general register and the district register.
3 Removed cards shall be retained for five years. The commission
4 shall promptly update information contained in its registration
5 records.
6 (b) Nonessential records.--Records which are not essential
7 for maintaining the current status of a qualified elector may be
8 destroyed by the commission three years from the date the
9 commission marks them as nonessential.
10 Section 1905. Errors in cancellation.
11 * * *
12 (c) Action.--
13 (1) The commission shall hold a hearing on the petition.
14 (2) If the commission finds that there was an error, the
15 commission shall reinstate the registration and shall
16 promptly update information contained in its registration
17 records.
18 Section 9. The secretary shall establish and convene the
19 advisory committee provided for in section 322(b) of the act as
20 soon as practicable following enactment of this act. The
21 implementation DEVELOPMENT of the Statewide Uniform Registry of <--
22 Electors shall begin immediately upon enactment of legislation
23 providing for the requirements and elements of the Statewide
24 Uniform Registry of Electors.
25 Section 10. This act shall take effect as follows:
26 (1) Section 9 and this section shall take effect <--
27 immediately.
28 (2) The amendment or addition of sections 102, 105, 301,
29 302, Subchapter B of Chapter 3 and section 905 of the act
30 shall take effect immediately.
20010S0004B1230 - 27 -
1 (3) The remainder of this act shall take effect in 60
2 days.
3 (1) THE AMENDMENT OR ADDITION OF SECTIONS 106, 523(C)(4) <--
4 AND 1703 OF THE ACT SHALL TAKE EFFECT IN 60 DAYS.
5 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
6 IMMEDIATELY.
F6L25BIL/20010S0004B1230 - 28 -