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PRINTER'S NO. 1978
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1560
Session of
2019
INTRODUCED BY RABB, KINSEY, MURT, A. DAVIS, SCHLOSSBERG,
SOLOMON, YOUNGBLOOD, DERMODY, HILL-EVANS, McCLINTON, KULIK,
MATZIE, GOODMAN, FREEMAN, McNEILL, FRANKEL, SIMS, WEBSTER,
STURLA, BULLOCK, DALEY, DAWKINS, OTTEN, O'MARA, MADDEN,
DAVIDSON, MALAGARI AND WILLIAMS, JUNE 4, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 4, 2019
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions and for standardized forms; in registration
system, further providing for departmental responsibilities
and for SURE system; in voter registration, further providing
for qualifications to register, for methods of voter
registration, for application with driver's license
application and for government agencies, providing for same
day voter registration and for Commonwealth agencies and
other entities and further providing for time, for
preparation and distribution of applications and for approval
of registration applications; in changes in records, further
providing for removal notices and providing for effect of
inmates being released from correctional facilities; in
voting procedures, repealing provisions relating to
application for absentee ballots and providing for early
voting; providing for vote by mail and imposing penalties;
providing for voter education; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "applicant," "registration
card" and "registration records" in section 1102 of Title 25 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a definition to read:
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§ 1102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Applicant." An individual who is automatically registered
or who applies to be registered to vote as provided for in this
part.
* * *
"Employment or program application." All of the following:
(1) Any application for employment filed with any of the
following:
(i) The Bureau of State Employment.
(ii) An independent agency of this Commonwealth.
(iii) The State Civil Service Commission.
(2) An application for any financial assistance,
compensation, benefit or service available, offered or to
which the person is entitled pursuant to any program
administered by the following:
(i) The Department of Aging.
(ii) The Department of Health.
(iii) The Department of Human Services.
(iv) The Insurance Department.
(v) The Department of Labor and Industry.
(vi) The Department of Military and Veterans
Affairs.
(vii) The Department of Revenue.
(viii) The Treasury Department.
(ix) The Pennsylvania Housing Finance Agency.
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(x) Any other offices in this Commonwealth that
provide public assistance or that provide State-funded
programs primarily engaged in providing services to low-
income individuals, the elderly or persons with
disabilities.
(3) An application for admission to a State-owned or
State-related institution of higher education in this
Commonwealth.
(4) An application for financial assistance filed with
the Pennsylvania Higher Education Assistance Agency.
* * *
"Registration card." A registration record, including an
electronic record, containing all information required on the
registration application, including the elector's signature or
electronic signature, and suitable space for the insertion by
the appropriate official of the following information:
(1) The ward and election district of residence.
(2) The registrant's street address.
(3) Data required to be given upon removal from the
registrant's residence.
(4) The date of each election at which the registrant
votes.
(5) The number and letter of the stub of the ballot
issued to the registrant or the registrant's number in the
order of admission to the voting machines.
(6) The initials of the election officer who enters the
record of voting in the district register.
(7) Whether the registrant needs assistance to vote and,
if so, the nature of the disability.
"Registration records." The general register, district
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register and any other record of registration, including an
electronic record, maintained by a commission. The term includes
any record maintained by the commission on the Statewide Uniform
Registry of Electors.
* * *
Section 2. Sections 1105, 1201, 1222(c)(8), 1301, 1321, 1323
and 1325(b)(4) of Title 25 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 1105. Standardized forms.
(a) General rule.--Whenever possible, the secretary shall
prescribe by regulation standardized voter registration or
[absentee] mail-in ballot application forms which may be used,
with prior approval by the secretary, by political bodies,
candidates and organized bodies of citizens in compliance with
both the provisions of this part and the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
(b) Prior approval.--The secretary shall develop a system
whereby political bodies, candidates and organized bodies of
citizens may receive prior approval of standardized forms
developed pursuant to subsection (a).
§ 1201. Departmental responsibilities.
The department shall do all of the following:
(1) Provide for applicants to submit their voter
registration application to a commission, the Department of
Transportation and other agencies designated in section 1325
(relating to government agencies).
(2) Prescribe a procedure for the return of completed
voter registration applications from and the schedule by
which the Department of Transportation, the Department of
[Public Welfare] Human Services, armed forces recruitment
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centers, Offices of the Clerk of Orphan's Court and all other
offices authorized under [this part to the secretary or the
appropriate commission.] sections 1323 (relating to automatic
registration with driver's license application), 1325
(relating to government agencies) and 1325.2 (relating to
Commonwealth agencies and other entities) to register
individuals to vote shall provide to the department
electronic records containing the legal name, age, residence
and citizenship information for, and the electronic signature
of, each individual who meets qualifications identified by
the secretary by guideline for automatic registration.
(3) Develop, establish, implement and administer a
Statewide Uniform Registry of Electors in accordance with
Subchapter B (relating to Statewide Uniform Registry of
Electors (SURE)).
(4) Promulgate regulations necessary to administer this
part.
§ 1222. SURE system.
* * *
(c) Requirements.--The SURE system shall be developed as a
single, uniform integrated computer system. All commissions
shall be connected electronically to the SURE system and shall
maintain their registration records in the system. The SURE
system shall, at a minimum, do all of the following:
* * *
(8) Provide for the electronic transfer of voter
registration information transmitted under section 1502
(relating to transfer of registration), completed voter
registration applications and changes of address in
accordance with this part.
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* * *
§ 1301. Qualifications to register.
(a) Eligibility.--An individual who:
(1) will be at least 18 years of age on the day of the
next election[, who];
(2) has been a citizen of the United States for at least
one month prior to the next election [and who]; and
(3) has resided in this Commonwealth and the election
district where the individual offers to vote for at least 30
days prior to the next ensuing election [and has not been
confined in a penal institution for a conviction of a felony
within the last five years] shall be eligible to register as
provided in this chapter.
(a.1) Preregistration.--
(1) A person who is otherwise qualified to vote may
preregister on or after the person's 16th birthday and may
thereafter vote at any election occurring on or after the
person's 18th birthday or such earlier time as State law
permits.
(2) The preregistration of a person under 18 years of
age shall be marked with a code according to the person's
birth date and shall be automatically activated on the
person's 18th birthday or the date permitted by State law.
(3) The database of the county board of elections shall
automatically generate a postcard when the preregistrant
attains 18 years of age. The registrar shall mail the
postcard to the preregistrant at the address at which the
person preregistered or any updated address to notify the
person of the eligibility to vote in the next election.
(b) Effect.--No individual shall be permitted to vote at any
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election unless the individual is registered under this
subsection, except as provided by law or by order of a court of
common pleas. No registered elector shall be required to
register again for any election while the elector continues to
reside at the same address.
[(c) Removal of residence.--Except as otherwise provided by
this part, a registered elector who removes residence from one
place to another outside the elector's last election district
shall not be entitled to vote in the election district of the
elector's last residence except pursuant to the provisions of
this section and sections 1501(b) (relating to removal notices),
1502 (relating to transfer of registration) and 1902 (relating
to procedure for voting following failure to return notification
card).]
§ 1321. Methods of voter registration.
(a) Application.--An individual qualified to register to
vote under section 1301(a) (relating to qualifications to
register) may apply to register [as follows] in accordance with:
(1) [Under section] Section 1322 (relating to in-person
voter registration).
(2) [Under section] Section 1323 (relating to
[application] automatic registration with driver's license
application).
(3) [Under section] Section 1324 (relating to
application by mail).
(4) [Under section] Section 1325 (relating to government
agencies).
(5) Section 1325.1 (relating to same day voter
registration).
(b) Automatic registration.--An individual qualified to
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register to vote under section 1301(a) who applies for or uses
government services under section 1323 or 1325.2 (relating to
Commonwealth agencies and other entities) shall be registered
automatically unless an individual chooses to not register
automatically as provided for in this chapter.
§ 1323. [Application] Automatic registration with driver's
license application.
(a) General rule.--
(1) The Department of Transportation shall provide for
simultaneous [application for] voter registration in
conjunction with the process under 75 Pa.C.S. § 1510
(relating to issuance and content of driver's license). An
application under this subsection shall serve as an
application to register to vote unless the applicant fails to
sign the voter registration application.
(1.1) The secretary shall prescribe a procedure and
schedule by which the Department of Transportation shall
collect voter information and provide to the department
electronic registration records containing the legal name,
age, residence and the electronic signature of each
individual who reports being a citizen of the United States,
is subject to penalties under 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities) and meets
qualifications identified by the secretary. The secretary has
the primary responsibility for implementing and enforcing the
driver's license voter registration system created under this
section. The secretary, in consultation with the Secretary of
Transportation, may promulgate regulations for implementing
this section.
(1.2) Upon receiving the electronic registration record
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for and electronic signature of an individual described in
paragraph (1), the secretary shall provide the information to
the commission in which the individual may be registered as
an elector under the laws of this Commonwealth and under the
National Voter Registration Act of 1993 (Public Law 103-31,
52 U.S.C. § 20501). The commission shall provide each
individual with the process to:
(i) Decline being registered as a voter.
(ii) Adopt a political party affiliation, along with
information as to which elections require a political
party affiliation for participation.
(1.3) If an individual notified under paragraph (1.2)
does not decline to be registered as an elector within 21
calendar days after the commission issues the notification,
the individual's electronic registration record and
electronic signature submitted under paragraph (1.1) shall
constitute a completed voter registration application for
purposes of this chapter. The individual shall be registered
to vote if the individual is eligible to vote under the laws
of this Commonwealth and is not already registered to vote.
(1.4) An individual notified under paragraph (1.3) who
does not decline to be registered as an elector within 21
calendar days after the commission issues the notification
and does not adopt a political party affiliation shall be
required to adopt a political party affiliation prior to
voting at the next primary election at which the individual
exercises the individual's right to vote. If no such
political affiliation is adopted, an individual shall be
permitted to vote at the next election that does not require
a political party affiliation to participate.
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(1.5) A commission may not send a ballot to, or add to
an elector registration list, an individual who does not have
a completed registration under paragraph (1.2).
(2) An application for voter registration or automatic
registration submitted to the Department of Transportation
under this subsection shall be considered as updating any
previous voter registration information by a registrant.
(3) Any change of address submitted to the Department of
Transportation for the purposes of driver licensing or an
identification card under 75 Pa.C.S. § 1510 shall serve as
notification of change of address for voter registration for
the registrant involved unless the registrant indicates that
the change of address is not for voter registration purposes.
(b) Process.--
(1) The Department of Transportation shall both provide
for an application for voter registration as part of a
driver's license application[.] and collect voter
registration information as part of an application submitted
under 75 Pa.C.S. § 1510 by an individual who meets the
qualifications to register under section 1301(a) (relating to
qualifications to register).
(2) The format of the driver's license/voter
registration application and information to be collected
shall be determined and prescribed by the secretary and the
Secretary of Transportation[.] and shall include all the
requirements of an official voter registration application
specified in section 1327 (relating to preparation and
distribution of applications).
(3) The voter registration application portion of the
application shall contain all the requirements of an official
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voter registration application specified in section 1327
[(relating to preparation and distribution of applications)].
The voter registration portion of the application:
(i) may not require any information that duplicates
information required in the driver's license portion of
the form, other than a second signature; and
(ii) may require only the minimum amount of
information necessary to prevent duplicate voter
registration, to enable the commission to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process.
(c) Transmission.--
(1) The Department of Transportation shall forward
completed applications or contents of the completed voter
registration applications in machine-readable format to the
department by the close of registration for the ensuing
election. The Department of Transportation shall forward the
electronic registration record containing the information set
forth in subsection (a)(1.1) to the secretary as prescribed
by section 1201(2) (relating to departmental
responsibilities) regarding individuals who report being a
citizen of the United States, subject to penalties under 18
Pa.C.S. § 4904.
(2) [The] Upon receipt, the department shall transmit
the material to the appropriate commission within ten days
after the date of its receipt by the Department of
Transportation. If a voter registration application is
received by the Department of Transportation within five days
before the last day to register before an election, the
application shall be transmitted to the appropriate
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commission not later than five days after the date of its
receipt by the Department of Transportation.
(3) Upon receipt of the completed voter registration
information from the department, the commission shall make a
record of the date of the receipt of the application or
electronic registration record and process the application.
No applicant shall be deemed eligible to vote until the
commission has received and approved the application. Upon
receipt of an electronic registration record from the
department, the commission shall notify the individual of the
process to:
(i) Decline being registered as a voter.
(ii) Adopt a political party affiliation, along with
information as to which elections require a political
party affiliation for participation.
(3.1) If an individual notified under paragraph (3) does
not decline to be registered as an elector within 21 calendar
days after the commission issues the notification, the
individual's electronic record and electronic signature
submitted under paragraph (1) shall constitute a completed
voter registration application for purposes of this chapter.
The person shall be registered to vote if the individual is
eligible to vote under the laws of this Commonwealth and is
not already registered to vote.
(3.2) A commission may not send a ballot to, or add to
an elector registration list, an individual who does not have
a completed voter registration under paragraph (3.1).
[(3.1)] (3.3) After the Department of Transportation is
connected to the SURE system and notwithstanding paragraphs
(1), (2) and (3), the Department of Transportation shall
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transmit electronically the contents of a completed voter
registration application within five days of receipt of the
application. The Department of Transportation shall transmit
the electronic registration records of individuals who have
reported, subject to penalties under 18 Pa.C.S. § 4904, that
the individual is a citizen of the United States and shall
contain the information set forth in subsection (a)(1.1)
within 24 hours of collection of the information. Upon
receipt of the information from the Department of
Transportation, a commission shall, in the case of an
application, make a record of the date of the receipt of the
application and process the application in accordance with
section 1328 (relating to approval of registration
applications) or, in the case of an electronic registration
record, proceed in accordance with paragraphs (3), (3.1) and
(3.2). If the commission of the county of residence has not
been connected to the SURE system, the Department of
Transportation shall forward the completed application or
contents of the completed application or the electronic
registration record to the department in accordance with
paragraph (1). No applicant shall be deemed eligible to vote
until the commission has received and approved an application
in accordance with section 1328.
(4) Changes of address shall comply with the following:
(i) Before the Department of Transportation is
connected to the SURE system, the Department of
Transportation shall notify the department of changes of
address received under subsection (a)(3). The department
shall notify the commission of the county of the
registrant's former residence. After the Department of
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Transportation is connected to the SURE system, the
Department of Transportation shall notify the commission
of the county of the registrant's former residence. If
the registrant has moved to an address outside this
Commonwealth, the commission shall verify the address
change in accordance with section 1901 (relating to
removal of electors). Except as provided in subparagraph
(ii), if the registrant confirms in accordance with
section 1901(d) that he has moved to another county, the
commission shall cancel the registration and forward the
registrant's registration information to the commission
of the registrant's new county of residence. Except as
provided in subparagraph (ii), if the registrant has
moved to an address within the commission's jurisdiction,
the commission shall promptly update the registration
record of the registrant in accordance with section 1328.
All changes of address received by the Department of
Transportation under this section at least 30 days before
an election must be processed by the commission for the
ensuing election. For the purpose of this paragraph, the
term "registration information" means the registration
card and any other record of registration maintained by a
commission.
(ii) In the case of changes of address received by
the Department of Transportation which do not contain a
signature of the registrant, the commission receiving the
change of address notification shall mail a notice to the
registrant at the new residence address requesting
verification of the address change. If the change of
address is to a new residence outside the commission's
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jurisdiction, the commission shall mail the following
notice:
Date.................
Office of the Registration Commission
.......... County, Pennsylvania
....... (Address and Telephone No. of County)
We have been notified by the Department of Transportation
that you recently changed your address
from ................. (old residence address)
to ............... (new residence address) and that this
change of address is to serve as a change of address for
voter registration purposes. Unless you notify this
office within ten days from the date of this notice that
this information is not correct, your voter registration
will be transferred to ........ County. You may notify
this office by writing your residence address, the date
and your signature on the bottom of this form and mailing
this notice to this office. You need not notify this
office if this information is correct.
............................
Chief Clerk
If the address change is within the commission's
jurisdiction, the commission shall mail a voter's
identification card to the registrant at the new
residence address.
(iii) If the registrant does not return the notice
under subparagraph (ii) within the ten-day period, the
commission shall process the change of address according
to subparagraph (i). If the registrant notifies the
commission that the information is incorrect and the
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commission is satisfied with the registrant's explanation
of the discrepancy, the address of the registrant's
registration shall remain unchanged. If the verification
notification or voter identification card is returned by
the post office as undeliverable as addressed or with a
forwarding address, the commission shall send a
confirmation notice to the registrant's address of former
residence in accordance with section 1901(d)(2).
(5) Upon notification and confirmation of any change of
address, a commission shall promptly update information
contained in its registration record.
(d) Prohibition.--[An] The Department of Transportation may
not register to vote under this section an individual who is not
a qualified elector [is ineligible to register to vote under
this section].
(e) Effect.--Failure to properly complete a voter
registration application or refusal to provide voter
registration information shall not affect the validity of an
application for a driver's license, a renewal application or an
identification card application.
(f) Use of information.--No information regarding a
declination to register to vote in connection with an
application [made] submitted or not submitted if an individual
has not certified that the individual is a citizen of the United
States, subject to penalties under 18 Pa.C.S. § 4904, under this
section may be used for any purpose other than voter
registration.
(g) Staff.--Agents and employees working on behalf of the
Department of Transportation assisting in the completion of
voter registration applications or collecting voter registration
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information under this section shall conduct themselves in a
manner consistent with the following principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make a statement to an applicant or
take an action the purpose or effect of which is to
discourage the applicant from registering to vote or
providing voter registration information.
(3) Applicants wishing to register to vote under this
section shall be given the same degree of assistance with the
voter registration application as with all other Department
of Transportation forms.
Agency employees who violate this subsection or who fail to
collect the information required under subsection (a)(1.1) or
who fail to forward the information to the department or the
SURE system shall be removed from employment, provided that the
agency at its discretion may impose a penalty of suspension
without pay for at least 30 days, but not more than 120 days, if
it finds that the violation does not warrant termination.
§ 1325. Government agencies.
* * *
(b) Forms.--An agency designated in subsection (a) shall
provide a form for office visits or, if the agency provides
services to persons with disabilities, for home visits which
contains all of the following:
* * *
(4) The statement "In order to be qualified to register
to vote, you must be at least 18 years of age on the day of
the next election, you must have been a citizen of the United
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States for at least one month prior to the next election and
have resided in Pennsylvania and the election district where
you plan to vote for at least 30 days prior to the next
[election, and you must not have been confined in a penal
institution for a conviction of a felony within the last five
years."] election."
* * *
Section 3. Title 25 is amended by adding sections to read:
§ 1325.1. Same day voter registration.
(a) Application.--A qualified elector may register on
election day by appearing in person at the polling place for the
electoral district in which the individual maintains residence
by completing and submitting a registration application to the
judge of elections and providing proof of identification and
residence.
(b) Acceptable forms of identification.--In addition to
providing a completed voter registration form, an applicant must
provide a valid form of identification, including any of the
following government-issued forms of identification:
(1) A valid driver's license or identification card
issued by the Department of Transportation.
(2) A valid identification card issued by another agency
of the Commonwealth.
(3) A valid identification card issued by the United
States Government.
(4) A valid United States passport.
(5) A valid United States Armed Forces identification
card.
(c) Procedures.--
(1) Upon certifying the eligibility of the qualified
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elector, the judge of elections at the polling place shall
issue a provisional ballot, provided by the county board of
elections, which is to be completed by the qualified elector
and sealed in an envelope along with the voter registration
application.
(2) Within 10 days of an election, the Department of
State shall approve or deny a voter registration application
under the provisions established in section 1328 (relating to
approval of registration applications).
(3) The provisional ballot shall not be counted until
the Department of State has approved the voter registration
application.
(4) The qualified elector shall be notified in writing
by the Department of State as to the approval or denial of a
voter registration application.
§ 1325.2. Commonwealth agencies and other entities.
(a) Administration.--The secretary shall administer a system
whereby each individual submitting an employment or program
application shall provide for simultaneous voter registration in
conjunction with an employment or program application filed with
the agency or entity.
(b) Procedure.--The secretary shall prescribe a procedure
and schedule by which each entity under this section shall
provide to the department electronic records containing the
legal name, age, residence and citizenship information for, and
the electronic signature of, each individual who has certified
that the individual is a citizen of the United States, subject
to penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities), and any other information
required under this chapter.
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(c) Effect.--Refusal to provide voter registration
information shall not affect the validity of an employment or
program application, consideration of the application or
eligibility for any financial assistance, compensation, benefit
or service available, offered or to which the person is entitled
under any program.
(d) Staff.--
(1) Agency or entity employees collecting voter
registration information under this section shall conduct
themselves in a manner consistent with the following
principles:
(i) The employee may not seek to influence an
applicant's political preference or party registration or
display political preference or party allegiance.
(ii) The employee may not make any statement to an
applicant or take any action the purpose of or effect of
which is to discourage the applicant from providing voter
registration information.
(iii) The employee may not make any statement to an
applicant or take any action the purpose of or effect of
which is to lead the applicant to believe that refusing
to provide voter registration information has any bearing
on the application, including its consideration, the
likelihood of employment or, in the case of an
application to a State-owned or State-related university,
acceptance, the availability of services or benefits.
(2) Agency or entity employees who violate this
subsection, who fail to collect the information required
under section 1323 (a)(1.1) or fail to forward the
information to the department shall be removed from
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employment, except that the agency or entity at its
discretion may impose a penalty of suspension without pay for
at least 30 days, but not more than 120 days, if the agency
or entity finds that the violation does not warrant
termination.
(e) Encouraging registration.--Agencies and entities subject
to this section must provide reasonable space for nonpartisan
signs or posters advising individuals of automatic voter
registration. The signs and posters shall be provided by the
secretary.
(f) Transmission.--The following shall apply:
(1) Agencies and entities subject to this section shall
forward the electronic registration record of individuals who
certify that the individual is a citizen of the United
States, subject to penalties under 18 Pa.C.S. § 4904,
containing the information set forth in section 1323 (a)(1.1)
to the secretary as prescribed by section 1201(2) (relating
to departmental responsibilities).
(2) Upon receipt, the department shall transmit the
material to the appropriate commission.
(3) Upon receipt of the electronic record from the
department, the commission shall notify the individual of the
process to:
(i) Decline being registered as a voter.
(ii) Adopt a political party affiliation, along with
information as to which elections require a political
party affiliation for participation.
(4) The individual's electronic record and electronic
signature submitted under paragraph (1) shall constitute a
completed voter registration card for purposes of this
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chapter. The person shall be registered to vote if the
individual is eligible to vote under the laws of this
Commonwealth and is not already registered to vote.
(5) An individual notified under paragraph (3) who does
not decline to be registered as an elector within 21 calendar
days after the commission issues the notification and does
not adopt a political party affiliation shall be required to
adopt a political party affiliation prior to voting at the
next primary election at which the individual exercises the
right to vote. If no such political affiliation is adopted,
an individual shall be permitted to vote at the next election
that does not require a political party affiliation to
participate.
(6) A commission may not send a ballot to, or add to an
elector registration list, an individual who does not have a
completed voter registration under paragraph (4).
(g) Confidentiality.--The identity of any agency or entity
through which any particular voter is registered in accordance
with this section shall not be disclosed to the public.
(h) Use of information.--No information relating to voter
registration collected by agencies or entities, including, but
not limited to, an individual's citizenship status under this
section or information relating to an individual's election to
decline to register as a voter may be used for any purpose other
than voter registration.
(i) Regulation.--The secretary shall promulgate regulations
regarding the maintenance and destruction of forms used under
this section.
Section 4. Sections 1326(b) and (c), 1327, 1328(b) and (c)
and 1501 are amended to read:
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§ 1326. Time.
* * *
(b) Deadlines.--In the administration of voter registration,
each commission shall ensure that any applicant who is a
qualified elector is registered to vote in an election when the
applicant has met any of the following conditions:
(1) In the case of voter registration with a motor
vehicle driver's license application under section 1323
(relating to [application] automatic registration with
driver's license application), if the valid application or
electronic voter registration application is submitted to the
appropriate Department of Transportation office or received
by the department not later than 30 days before the date of
the election.
(2) In the case of registration by mail under section
1324 (relating to application by mail), if the valid voter
registration mail application is postmarked not later than
the deadline to register for the ensuing election or, in the
case of an illegible or missing postmark, it is received not
later than five days after the deadline to register for the
ensuing election.
(3) In the case of voter registration at a voter
registration agency under section 1325 (relating to
government agencies) or 1325.2 (relating to Commonwealth
agencies and other entities), if the valid voter registration
application is accepted at the voter registration agency or
electronic voter registration record is received by the
department not later than 30 days before the date of the
election.
(3.1) In the case of same day voter registration if the
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valid voter registration application of the applicant is
accepted in the appropriate electoral district by the
presiding judge of elections.
(4) In any other case, if the valid voter registration
application of the applicant is received by the appropriate
commission not later than 30 days before the election.
(c) Special rules.--
(1) In the case of a special election within a
congressional, senatorial or representative district held on
a day other than the day of a primary, general or municipal
election, the registration application forms and electronic
records shall not be processed in the wards and election
districts comprising the district for the [30] five days
prior to the special election for such election.
(2) No applications shall be received as follows:
(i) On Sundays.
(ii) On holidays.
(iii) On the day of the election.
(iv) During the [30] five days next preceding each
general, municipal and primary election except as
provided in subsection (b).
§ 1327. Preparation and distribution of applications.
(a) Form.--
(1) The secretary shall prescribe the form of an
official voter registration application. The official voter
registration application shall provide space for the
following information about the applicant:
(i) Full name.
(ii) Address of residence. If the residence is a
portion only of the house, the location or number of the
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room, apartment or floor which is occupied.
(iii) Mailing address if different than address of
residence.
(iv) Name and residence address on previous
registration and the year of that registration.
(v) Designation of political party, for the purpose
of voting at a primary election.
(vi) Date of birth.
(vii) Telephone number. An application shall not be
rejected because of noncompliance with this subparagraph.
(viii) Race. An application shall not be rejected
because of noncompliance with this subparagraph.
(2) Data required on the voter registration application
shall not be more nor less than the minimum data elements
permissible for Federal voter registration.
(3) Any person who assists in the completion of the
registration application shall sign the application and
indicate the person's address. In the case of those
[registering] automatically registered electronically under
[sections] section 1323 (relating to [application] automatic
registration with driver's license application) [and], 1325
(relating to government agencies) or 1325.2 (relating to
Commonwealth agencies and other entities), the person
providing assistance shall insert the person's initials or
employee or agent identification number on a separate or
detachable portion of the application or the computer data
file.
(4) A voter registration application shall be printed on
stock of good quality and shall be of suitable uniform size.
Nothing in this part shall prohibit the design and use of an
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electronic voter registration application which includes the
applicant's digitized or electronic signature. The
registration application shall contain the following
information; however, the information may be provided on a
separate form for automatic voter registration made under
section 1323 [or], 1325 or 1325.2:
(i) Notice that a registered elector does not need
to reregister unless the registered elector has moved.
(ii) Instructions on how to fill out and submit the
application and notification of when the application must
be submitted to a voter registration office in order to
be registered for the ensuing election.
(iii) Notice that the applicant must be a citizen of
the United States for at least one month prior to the
next election and a resident of this Commonwealth and the
election district for at least 30 days and must be at
least 18 years of age by the day of the next ensuing
election [and has not been confined in a penal
institution for a conviction of a felony within the last
five years]. The notice required in this subparagraph
shall be in print identical to the declaration under
subsection (b).
(iv) Notice that political party enrollment is
mandatory to vote in a primary election of a political
party.
(v) [Notice] For a paper application, notice that
the commission will mail by nonforwardable mail to the
applicant a voter's identification card upon acceptance
of the application and that the applicant should contact
the commission if the identification card is not received
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within 14 days from the date the application is sent to
the registration office.
(v.1) For automatic registration under section 1323,
1325 or 1325.2, notice that the commission will notify
the individual of the registration and that if the
individual does not decline to be registered as an
elector within 21 calendar days after the commission
issues the notification, the individual's electronic
record and electronic signature submitted under paragraph
(1) shall constitute a completed voter registration card
for purposes of this chapter.
(vi) Notice that registration is not complete until
the application is processed and accepted by the
commission.
(vii) A warning to the applicant that making a false
registration or furnishing false information is perjury.
The notice required in this subparagraph shall be in
print identical to the declaration under subsection (b).
(viii) Instructions to Federal or State employees
who wish to retain voting residence in county of last
residence to so indicate on the application.
(ix) Notice that, if an individual declines to
register to vote, the fact that the individual has
declined to register will remain confidential and will be
used only for voter registration purposes. The notice
required in this subparagraph shall be in print identical
to the declaration under subsection (b).
(x) Notice that, if an individual does register to
vote, the office at which the individual submits a voter
registration application or was automatically registered
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will remain confidential and will be used for voter
registration purposes only. The notices required in this
subparagraph shall be in print identical to the
declaration in subsection (b).
(5) In jurisdictions where there is a single language
minority, the secretary may print a bilingual application.
(6) In jurisdictions where a single language minority
exceeds [5%] 3% of the population, the secretary shall:
(i) print [a bilingual application] voting notices,
forms, instructions, assistance and ballots in both
English and the minority language; and
(ii) conduct a public educational program among that
language group alerting both organizations and
individuals of that group of the availability of the
bilingual application and encouraging individuals to
register.
In jurisdictions where interested citizens or organizations
provide the secretary with information that gives the
secretary sufficient reason to believe a substantial need
exists for language assistance for voting the secretary shall
provide it.
(7) To implement section 1324 (relating to application
by mail), the secretary shall print an official voter
registration mail application designed to preserve the
confidentiality of the information required to be submitted.
The application shall contain information required by this
section and shall include the name of each county seat, its
post office mailing address and zip code and its telephone
number. Voter registration mail applications shall contain
information indicating whether the application is a new
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registration, change of party enrollment, change of address
or change of name.
(8) Nothing in this part shall prohibit a private
organization or individual from printing blank voter
registration applications or shall prohibit the use of such
applications by any other individual, provided that the form,
content and paper quality of such voter registration
application complies with department regulations for the
forms or has received prior approval from the secretary.
(b) Registration declaration.--
(1) The official voter registration application shall
contain a registration declaration. On the declaration, the
applicant shall state all of the following:
(i) The applicant has been a citizen of the United
States for at least one month prior to the next election.
(ii) On the day of the next ensuing election, the
applicant shall be at least 18 years of age.
(iii) On the day of the next ensuing election, the
applicant shall have resided in this Commonwealth and in
the election district for at least 30 days.
[(iv) The applicant has not been confined in a penal
institution for a conviction of a felony within the last
five years.]
(v) The applicant is legally qualified to vote.
(2) The applicant shall affirm all of the following:
(i) The information provided in the registration
declaration is true.
(ii) The applicant understands that:
(A) the registration declaration will be
accepted for all purposes as the equivalent of an
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affidavit; and
(B) if the registration contains a material
false statement, the applicant shall be subject to
penalties for perjury.
(3) The registration declaration shall contain the
printed name and signature of the applicant and the date of
signing. An applicant unable to sign the voter registration
application shall make a mark before a person of the
applicant's choice other than the applicant's employer or an
agent of the applicant's union. The person shall insert the
person's name, address and telephone number. If the person is
an employee or agent of the Department of Transportation or
another agency as provided under section 1325 and is
assisting the applicant in an official capacity, the employee
or agent shall insert the initials and identification number
of the employee or agent. In the case of applicants
registering under section 1323 or 1325, the person providing
assistance shall insert initials or employee or agent
identification number on [a separate or detachable portion of
the application or] the computer data file.
(4) The official registration application shall contain
a notice entitled "PENALTY FOR FALSIFYING DECLARATION." The
notice shall advise the applicant that if a person signs an
official registration application knowing a statement
declared in the application to be false, the person commits
perjury. The notice shall specify the penalty for perjury.
(c) Distribution.--
(1) The secretary shall supply official registration
applications to commissions.
(2) The secretary shall make available for distribution
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official voter registration applications to public libraries,
public schools, State-related institutions of higher
education, offices operated by the Department of Revenue,
offices operated by the Department of Aging, area agencies on
aging, offices operated by the Pennsylvania Game Commission
or any of its authorized license-issuing agents, offices
operated by the Pennsylvania Fish and Boat Commission or any
of its issuing agents, and offices that provide unemployment
compensation.
(3) Each participating agency identified under paragraph
(2) shall:
(i) Provide that official voter registration mail
applications are available on the premises and displayed
prominently in a conspicuous location during normal
business hours.
(ii) Provide an official voter registration mail
application to any individual requesting one.
(iii) Provide reasonable space for nonpartisan signs
or posters indicating the availability of official voter
registration mail applications on the premises.
(4) The secretary may provide technical assistance to
commissions upon request and agencies designated under
paragraph (2).
(5) The secretary shall print and distribute mail
registration applications which are not postage paid and
which shall not be specific to any county registration
office. Along with the distribution of such applications, the
secretary shall also include instructions to inform the
applicant where the application is to be sent.
(6) The secretary and commissions shall supply
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applications to all of the following:
(i) Persons and organizations who request
applications.
(ii) Federal, State and political subdivision
offices.
(iii) Political parties and political bodies.
(iv) Candidates.
(7) The secretary shall print and distribute same day
voter registration applications to all polling places
throughout this Commonwealth. Along with the distribution of
such applications, the secretary shall also include
instructions to inform the applicant of the same day voter
registration application process, the process for counting
the applicant's vote and verifying the applicant's
eligibility.
(d) Staff.--Agency employees assisting in the distribution
of voter registration applications under subsection (c) shall
conduct themselves in a manner consistent with the following
principles:
(1) They shall not seek to influence an applicant's
political preference or party registration or display
political preference or party allegiance.
(2) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to
discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or
take any action the purpose of or effect of which is to lead
the applicant to believe that a decision to register or not
to register has any bearing on the availability of services
or benefits.
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Agency employees who violate this subsection shall be removed
from employment, provided that the agency at its discretion may
impose a penalty of suspension without pay for at least 30 days,
but not more than 120 days, if it finds that the violation does
not warrant termination.
§ 1328. Approval of registration applications.
* * *
(b) Decision.--A commission shall do one of the following:
(1) Record and forward a voter registration application
to the proper commission if the commission finds during its
examination under subsection (a) that the applicant does not
reside within the commission's county but resides elsewhere
in this Commonwealth.
(2) Reject a voter registration application[,] or an
electronic voter registration record transferred under
section 1323 (relating to automatic registration with
driver's license application), 1325 (relating to government
agencies) or 1325.2 (relating to Commonwealth agencies and
other entities), indicate the rejection and the reasons for
the rejection on the application or electronic voter
registration record and notify the applicant by first class
nonforwardable mail, return postage guaranteed of the
rejection and the reason if the commission finds during its
examination under subsection (a) any of the following:
(i) The application or electronic registration was
not properly completed and, after reasonable efforts by
the commission to ascertain the necessary information,
the application or electronic registration remains
incomplete or inconsistent.
(ii) The applicant is not a qualified elector.
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(iii) The applicant is not entitled to a transfer of
registration or a change of address.
(iv) The applicant is not legally qualified for a
change of name.
A rejection shall be made no later than ten days before the
election succeeding the filing of the application.
(3) Process a voter registration application or
electronic registration in accordance with subsection (c) if
the commission finds during its examination under subsection
(a) all of the following:
(i) The application or electronic registration
requests registration.
(ii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
(4) Process a voter registration application or
electronic registration in accordance with subsection (c) and
update its registration records if the commission finds
during its examination under subsection (a) all of the
following:
(i) The application or electronic registration
requests registration.
(ii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
(iii) The applicant is currently a registered
elector of the county.
(5) Process a voter registration application or
electronic registration in accordance with subsection (c) and
request transfer of registration records in accordance with
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subsection (d) if the commission finds during its examination
under subsection (a) all of the following:
(i) The application or electronic registration
requests registration.
(ii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(6) Process a voter registration application or
electronic registration in accordance with subsection (c) and
request transfer of registration records in accordance with
subsection (d) if the commission finds during its examination
under subsection (a) all of the following:
(i) The application or electronic registration
requests a transfer of registration.
(ii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
(iii) The applicant is currently a registered
elector of another county.
(7) Process a voter registration application or
electronic registration in accordance with subsection (c) and
update its registration if the commission finds during its
examination under subsection (a) all of the following:
(i) The application or electronic registration
requests a change of address.
(ii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
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(iii) The applicant is currently a registered
elector of the county.
(8) Process a voter registration application or
electronic registration in accordance with subsection (c) and
update its registration records if the commission finds
during its examination under subsection (a) all of the
following:
(i) The application or electronic registration
requests a change of name.
(ii) The applicant is legally qualified to a change
of name.
(iii) The application or electronic registration
contains the required information indicating that the
applicant is a qualified elector of the county.
(iv) The applicant is currently a registered elector
of the county.
(9) Voters shall be able to track the status of their
registration online via a secure publicly accessible Internet
website.
(c) Processing of voter registration.--
(1) When a commission has accepted a voter registration
application or electronic registration under subsection (b)
(3), the commission shall assign each applicant a unique
identification number in the SURE system. [The] Except as
provided in section 1323(c)(3.1), 1325(f) or 1325.2(f)(4),
the commission shall mail a wallet-sized voter's
identification card to the individual by first class
nonforwardable mail, return postage guaranteed, which shall
serve as notice of the acceptance of the application. The
card shall contain all of the following:
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(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
(vi) A space for the individual's signature or mark.
(vii) The unique identification number of the
individual.
(viii) A statement that the individual must notify
the commission within ten days from the date it was
mailed if any information on the card is incorrect;
otherwise, the information shall be deemed correct for
voter registration purposes.
(2) When a commission has accepted a voter registration
application under subsection (b)(4), (5), (6), (7) or (8),
except as provided in section 1323(c)(3.1), 1325(f) or
1325.2(f)(4), the commission shall mail a wallet-sized
voter's identification card to the individual by first class
nonforwardable mail, return postage guaranteed, which shall
serve as notice of the acceptance of the application. The
card shall contain all of the following:
(i) Name and address of the individual.
(ii) Name of municipality of residence.
(iii) Identification of the individual's ward and
district.
(iv) The effective date of registration.
(v) Designation of party enrollment and date of
enrollment.
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(vi) A space for the individual's signature or mark.
(vii) The SURE registration number of the
individual.
(viii) A statement that the individual must notify
the commission within ten days from the date it was
mailed if any information on the card is incorrect;
otherwise, the information shall be deemed correct for
voter registration purposes.
(3) An envelope containing a voter identification card
shall be marked on the outside with a request to the
postmaster to return it within five days if it cannot be
delivered to the addressee at the address given.
(4) (i) If an envelope containing a voter
identification card has been mailed in accordance with
paragraphs (1) and (3) and has not been returned to the
commission by the postmaster within ten days from the
date it was mailed, the individual shall be deemed a
registered elector of the county and the commission shall
enter the individual's registration information in the
general register. The unique identification number shall
be entered as the registered elector's SURE registration
number. No person shall be deemed a registered elector of
the county until ten days after the voter identification
card has been mailed.
(ii) If an envelope containing a voter
identification card has been mailed in accordance with
paragraphs (2) and (3) and has not been returned to the
commission by the postmaster within ten days from the
date it was mailed, the individual shall be deemed a
registered elector of the county and the commission shall
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enter the individual's registration information in the
general register. No person shall be deemed a registered
elector of the county until ten days after the voter
identification card has been mailed.
(5) If an envelope containing a voter identification
card is returned by the postmaster because the envelope is
undeliverable at the given address, the commission shall
investigate. If the commission finds that the individual is
not qualified to register from the address, the commission
shall reject the application and shall notify the individual
by first class forwardable mail of this action.
* * *
§ 1501. Removal notices.
(a) Form.--
(1) A commission shall make removal notices available to
electors who are registered in the county.
(2) The notice shall be printed upon cards suitable for
mailing, addressed to the office of the commission. The
notice shall provide the following information:
(i) The address of present residence, including
municipality.
(ii) The address of last registration, including
municipality.
(iii) Date of removal to present residence.
(iv) Signature.
[(3) The notice shall contain a statement that the
registered elector may, by filling out properly and signing a
removal notice and returning it to the office of the
commission, secure the transfer of registration effective as
to elections at least 30 days after the date of removal into
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the new district.
(4) The notice shall contain a warning to the registered
elector that the notice will not be accepted as an
application for transfer of the elector's registration unless
the signature thereon can be identified by the commission as
the elector's signature as it appears on file with the
commission.
(5) The notice shall contain a warning to the registered
elector that the notice must be received by the commission
not later than 30 days before an election. If mailed, the
notice must be postmarked not later than the deadline for
registration or, in the case of an illegible or missing
postmark, received within five days of the close of
registration.]
(6) A person who has changed the person's permanent
place of residence within this Commonwealth, but who has not
transferred voter registration to the new address, shall be
permitted to vote a regular ballot at the polling place for
the person's new address on the day of the election,
including any days established for early voting, under
paragraph (7).
(7) An elector who moves from the precinct in which the
elector is registered shall be permitted to change the
elector's place of residence and vote by regular ballot in
the precinct to which the elector has moved if the elector
completes an affirmation in substantially the following form:
Change of Legal Residence
of Registered Voter
Under penalties for false swearing, I, ..................
(name of voter) swear (or affirm) that the former address
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of my legal residence was ...............................
........................................................
(address of legal residence) in the municipality of
........................................... in
........................................ County,
Pennsylvania, and I was registered to vote at this
address; that I have not voted in the precinct of my
former registration in this election; that now I reside
at the following address:
(i) Address .......................................
...................................................
(ii) Municipality .................................
(iii) County ......................................
(iv) Pennsylvania Zip Code ........................
(v) I further swear (or affirm) that I am otherwise
legally registered, eligible and entitled to vote
...................................................
(Signature of voter whose address of legal residence
has changed)
(8) An elector whose name is changed from that on the
elector's voter registration, because of marriage or other
legal process, shall be permitted to vote under the elector's
new name, provided such elector completes an affirmation in
substantially the following form:
Change of Name
of Registered Voter
Under penalties for false swearing, I, ..................
(new name of voter) swear (or affirm) that my name has
been changed because of marriage or other legal process.
My former name and address of legal residence appear on
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the registration records as follows:
(i) Name ..........................................
(ii) Address ......................................
...................................................
(iii) Municipality ................................
(iv) County .......................................
(v) Pennsylvania Zip Code .........................
(vi) My present name and address of legal residence
are as follows:
(vii) Name ........................................
(viii) Address ....................................
...................................................
(ix) Municipality .................................
(x) County ........................................
(xi) Pennsylvania Zip Code ........................
(xii) And I further swear (or affirm) that I am
otherwise legally registered and entitled to vote
...................................................
(Signature of voter whose name has changed)
(9) The affirmation, when completed and presented at the
precinct in which the elector is entitled to vote, upon
verification that the elector is a registered voter in this
Commonwealth, shall entitle the elector to vote a regular
ballot as provided in this subsection. If the elector's
registration record cannot be located in the State database,
the elector shall be entitled to vote a provisional ballot,
subject to the requirement and procedures in section 1210(a)
of the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code. Upon receipt of an affirmation or
application certifying a change in address of legal residence
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or name, the director of the county board of elections shall,
as soon as practicable, make the necessary changes in the
SURE system to indicate the change in address of legal
residence and name of the elector.
(10) The secretary shall ensure that each precinct shall
have access to the SURE system to determine an elector's
eligibility to vote in accordance with this section. If
access to the Statewide database is unavailable at each
precinct on the effective date of this paragraph, the
secretary shall, within 90 days of the effective date,
present the General Assembly with a plan to comply with this
provision within 12 months of the effective date. During such
period as a precinct does not have access to the Statewide
voter registration system, voters will still be offered the
opportunity to update any new voter information in accordance
with this section.
[(b) Use.--A registered elector who removes residence from
one place to another within the same county must notify the
commission by filing a removal notice under subsection (a) or a
signed request for renewal that contains the information
required in subsection (a) with the commission not later than
the registration deadline before an election. If mailed, the
notice or request must be postmarked not later than the deadline
for registration or, in the case of an illegible or missing
postmark, received within five days of the close of
registration. The following apply:
(1) An official registration application of an elector
who has registered by mail qualifies as a removal notice.
(2) A registered elector who removes residence from one
place to another within the same county and who has not yet
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filed a removal notice with the commission shall be permitted
to vote once at the elector's former polling place following
removal if, at the time of signing the voter's certificate,
the elector files with the judge of election a signed removal
notice properly filled out. Removal notices under this
paragraph shall be returned to the commission with the voting
check list, and the commission shall proceed to transfer the
registration of the elector under section 1502 (relating to
transfer of registration) and shall promptly update
information contained in its registration records. A
registered elector may vote in the election district of the
elector's former residence not more than one time following
the elector's removal.
(3) A registered elector who removes residence from one
county to another county and who is not registered to vote in
the new county of residence shall be permitted to vote in the
election district in the former county of residence if, at
the time of signing the elector's certificate, the elector
files with the judge of election a signed affirmation
declaring the elector's new residence. A registered elector
may vote in the election district of the elector's former
residence not more than one time following the elector's
removal. Affirmations made under this paragraph shall be
returned to the commission of the elector's former county of
residence with the voting checklist, and that commission
shall proceed to transfer the registration of the elector
under section 1502. Upon receipt of the transfer notice, the
commission of the elector's new county of residence shall
immediately process the transfer of the elector in accordance
with section 1328 (relating to approval of registration
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applications). Both commissions shall promptly update
information contained in their registration records.]
(c) Alternate method.--In lieu of the affirmation contained
in subsection (a)(7) or (8), an elector may complete a voter
registration application that indicates the change of name or
change of address of legal residence.
Section 5. Title 25 is amended by adding a section to read:
§ 1515. Effect of inmates being released from correctional
facilities.
(a) Duty of Department of Corrections.--The Department of
Corrections shall, within 14 days of the release of an inmate
from incarceration in a State correctional institution, send the
name and address of residence of that individual to the county
board of elections in the inmate's county of residence in a
manner and on a form prescribed by the department. The county
board of elections shall promptly update information contained
in its registration records.
(b) Duty of county officials.--The warden or supervisor of a
county jail or prison shall, within 14 days of the release of an
individual from incarceration in the county jail or prison, send
the name and address of residence of that individual to the
county board of elections in a manner and on a form prescribed
by the county. The county board of elections shall promptly
update information contained in its registration records.
Section 6. Section 3302 of Title 25 is repealed:
[§ 3302. Application for absentee ballots.
(a) General rule.--Notwithstanding the provisions of Part IV
(relating to voter registration) or the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, the
following persons may make application for an absentee ballot by
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sending a letter or other signed document to the county board of
elections in the county in which the person's voting address is
located:
(1) A registered elector who is unable to attend the
polling place on the day of any primary or election because
of illness or physical disability.
(2) A registered elector who expects to be absent from
this Commonwealth or the municipality of residence because
duties, occupation or business require the elector to be
elsewhere the day of any primary or election.
(3) A county employee who cannot vote due to duties
relating to the conduct of elections.
(4) A person who will not attend a polling place because
of an observance of a religious holiday.
(b) Contents of letter or document.--The letter or document
under subsection (a) shall provide the same information as is
provided on forms prescribed by the secretary.
(c) Review and processing.--The letter or document shall be
subject to the same schedule as other applications for absentee
ballots and upon receipt by the county board of elections shall
be reviewed and processed in the same fashion as other
applications for absentee ballots.
(d) Application prepared by political party.--An absentee
ballot application form containing the same information as that
contained on the form prescribed by the secretary, which was
prepared or distributed by a political party and signed by a
registered elector, shall be deemed for all purposes as valid
and shall be reviewed and processed by the county board of
elections in the same manner as applications on forms prescribed
by the secretary and supplied by the county board of elections.]
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Section 7. Title 25 is amended by adding a section to read:
§ 3303. Early voting.
(a) Establishment.--The Secretary of State shall allow
electors to vote early at the county board of elections office
and additional sites as designated by the county board of
elections.
(b) Sites.--The Secretary of State may designate any city
hall or permanent public library facility as early voting sites.
If designated, the sites must be geographically located to
provide voters in the county an equal opportunity to cast a
ballot, as is practicable.
(c) Results.--The results or tabulation of votes cast during
early voting may not be made before the close of the polls on
election day. Early voting results shall be reported in the same
manner as votes cast on election day.
(d) Designation of sites.--The Secretary of State shall
designate each early voting site by no later than the 30th day
prior to an election and each local elections board shall
undertake steps to inform the public about early voting and the
locations of early voting centers in each county.
(e) Opening and closing.--Voting sites shall be open on the
same days for the same amount of time and shall allow any person
in line at the closing of an early voting site to vote. Early
voting sites shall open no sooner than 7 a.m. and close no later
than 8 p.m. on each applicable day.
(f) Duration.--Early voting shall begin on the 30th day
before an election and end at 6 p.m. on the Sunday before an
election. For a special election, early voting shall begin on
the eighth day before an election and end on the second day
before an election. Early voting shall be provided for 10 hours
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per weekday and eight hours on each Saturday and Sunday at each
site during the applicable periods.
(g) Municipalities.--Municipalities may provide early voting
in municipal elections that are not held in conjunction with
county or State elections. If a municipality provides early
voting, it may designate as many sites as necessary and shall
conduct its activities in accordance with the provisions of
subsections (a), (b), (c), (d) and (e).
(h) Early voting period.--
(1) During early voting periods, each judge of elections
shall make available the names of voters and total number of
voters casting a ballot at each early voting location during
the previous day. The information shall be updated and made
available no later than 12 noon of each day and shall be
contemporaneously provided to the Department of State. The
ballot of each elector voting early shall be counted even if
the elector dies on or before election day.
(2) A list of voters who voted early shall be a matter
of public record.
(i) Early voting voter certificate.--The elector must
provide identification and must complete an early voting voter
certificate in substantially the following form:
EARLY VOTING VOTER CERTIFICATE
I,......., am a qualified elector in this election and
registered voter of ................ County, Pennsylvania. I do
solemnly swear or affirm that I am the person listed on the
voter registration rolls of ................ County and that I
reside at the listed address. I understand that if I vote
unlawfully or attempt to vote unlawfully, I could be convicted
of a misdemeanor of the first degree and shall, upon conviction,
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