THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, COSTA, BROWNE, FONTANA, EARLL, FERLO AND BREWSTER, FEBRUARY 25, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011  

AN ACT

Providing for election day registration; and prescribing

penalties.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Definitions.

Chapter 3.  Election Day Registration

Section 301.  Election day registration.

Section 302.  Procedure.

Section 303.  Maps.

Section 304.  Record of attempted registrations.

Section 305.  Verification by mail.

Chapter 5.  Enforcement and Penalties

Section 501.  Prohibited acts.

Section 502.  Enforcement.

Chapter 11.  Miscellaneous Provisions

Section 1101.  Construction of act.

Section 1102.  Rules and regulations.

Section 1103.  Repeals.

Section 1104.  Applicability.

Section 1105.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Election Day

Registration Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board" or "county board."  The county board of elections.

"Department."  The Department of State of the Commonwealth.

CHAPTER 3

ELECTION DAY REGISTRATION

Section 301.  Election day registration.

(a)  General rule.--Any person otherwise eligible to vote may

register to vote on the day of any primary, municipal or general

election by appearing in person at the polling place for the

election district in which the individual maintains residence,

completing a registration card, making an oath in the form

prescribed by the department and providing proof of residence.

(b)  Proof of residence.--An individual may prove residence

by any of the following methods:

(1)  By displaying a valid driver's license.

(2)  By showing any document approved by the department.

(3)  By the written statement of an elector registered to

vote in that election district, sworn to in the presence of a

judge of elections, stating to the effect that the elector

personally knows that the individual is a resident of the

election district. An individual whose residence has been

sworn to under this paragraph on election day may not sign a

proof of residence oath for any other individual on that

election day.

Section 302.  Procedure.

(a)  Judges of elections.--Voter registration under this act

shall be conducted by judges of elections. A judge who registers

an individual voter shall not process that voter's ballot at any

time prior to opening of the ballot box after the voting ends.

(b)  Registration cards.--Registration cards and forms for

oaths shall be available at each polling place. If an individual

who registers on election day proves residence under section

301(b)(3), the form containing that statement shall be attached

to the individual's registration card. Registration cards

completed on election day shall be forwarded to the appropriate

county board, which shall add the name of each voter to the

registration rolls unless the information forwarded is

substantially deficient. Each judge of elections registering a

person on election day shall initial the voter registration card

of that person.

(c)  Deficient registration.--A county board that finds an

election day registration substantially deficient shall mail

written notice of same to the individual. An election day

registration shall not be found deficient solely because the

individual who provided proof of residence was ineligible to do

so.

Section 303.  Maps.

The county board shall provide each polling place with a

detailed map showing election districts in order to assist

judges of elections in determining whether an address is located

in that district.

Section 304.  Record of attempted registrations.

The judge of elections responsible for election day

registration at each polling place shall keep a record of the

number of individuals who attempt to register on election day

but who cannot provide proof of residence as required by this

act. This record shall be forwarded to the county board with the

election returns for that election district.

Section 305.  Verification by mail.

Within ten days of an election, each county board shall send

a notice to a random sampling of no less than 25% of individuals

registered on election day. The random sampling shall be

determined in accordance with the rules of the department. As

soon as practicable after the election, the board shall mail

registration verification notices to all individuals registered

on election day. If a notice is returned as not deliverable, the

board shall attempt to determine the reason for the return. A

county board which does not receive or obtain satisfactory proof

of an individual's eligibility to vote shall immediately notify

the district attorney and the department.

CHAPTER 5

ENFORCEMENT AND PENALTIES

Section 501.  Prohibited acts.

(a)  Offenses enumerated.--It shall be unlawful:

(1)  To cause an individual's name to be registered in

any election district if that individual is not eligible to

vote.

(2)  To cause an individual's name to be registered for

the purpose of voting in more than one election district or

in any election district in which the individual does not

maintain residence.

(3)  To misrepresent an individual's identity when

attempting to register to vote.

(4)  To aid, abet, counsel or procure any other

individual to violate this act.

(5)  For a judge of elections to allow an unregistered

voter to vote in any election.

(b)  Grading.--A violation of this section constitutes a

misdemeanor of the second degree.

Section 502.  Enforcement.

Prosecution for violations of this act shall be brought by

the district attorney, upon information supplied by the

department, a county election officer or any person.

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 1101.  Construction of act.

This act shall be construed as providing a procedure for

registration in addition to those methods as are provided by

law.

Section 1102.  Rules and regulations.

The department shall, in the manner provided by law,

promulgate the rules and regulations necessary to carry out this

act.

Section 1103.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 1104.  Applicability.

This act shall apply to the municipal or general election

occurring in the year next following the year of final enactment

of this act, and to each primary, municipal and general election

thereafter.

Section 1105.  Effective date.

This act shall take effect immediately.