PRINTER'S NO. 870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
608
Session of
2019
INTRODUCED BY HUGHES, FONTANA, HAYWOOD, SANTARSIERO, SCHWANK,
YUDICHAK, TARTAGLIONE, KEARNEY, LEACH, BLAKE, BREWSTER,
L. WILLIAMS AND COLLETT, JUNE 5, 2019
REFERRED TO STATE GOVERNMENT, JUNE 5, 2019
AN ACT
Amending Title 25 (Elections) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; in registration system, further providing for
departmental responsibilities and for SURE system; in voter
registration, further providing for methods of voter
registration and for application with driver's license
application, providing for Commonwealth agencies and other
entities and further providing for time, for preparation and
distribution of applications and for approval of registration
applications; and providing for privacy and security
standards for voter registration in this Commonwealth.
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:
§ 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
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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) An 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.
(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.
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(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
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.
* * *
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Section 2. Sections 1201, 1222(c)(8), 1321 and 1323 of Title
25 are amended to read:
§ 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
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 and
1325.1 (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.
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* * *
(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 pursuant to section 1502
(relating to transfer of registration), completed voter
registration applications and changes of address in
accordance with this part.
* * *
§ 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).
(b) Automatic registration.--An individual qualified to
register to vote under section 1301(a) who applies for or uses
government services pursuant to section 1323 or 1325.1 (relating
to Commonwealth agencies and other entities) shall be registered
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automatically unless an individual chooses not to 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
for, and electronic signature of, a person described in
paragraph (1), the secretary shall provide the information to
the commission in which the individual may be registered as
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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 et seq.). 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 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.
(1.4) An individual notified under paragraph (1.2) 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 his 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.
(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).
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(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
voter registration application specified in section 1327
[(relating to preparation and distribution of applications)].
The voter registration portion of the application:
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(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 an individual who reports 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
commission not later than five days after the date of its
receipt by the Department of Transportation.
(3) (i) Upon receipt of the completed voter
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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:
(A) Decline being registered as a voter.
(B) Adopt a political party affiliation, along
with information as to which elections require a
political party affiliation for participation.
(ii) If an individual notified under subparagraph
(i) 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.
(iii) 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
subparagraph (ii).
(3.1) After the Department of Transportation is
connected to the SURE system and notwithstanding paragraphs
(1), (2) and (3), the Department of Transportation shall
transmit electronically the contents of a completed voter
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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) 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 paragraph (3). 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
Transportation is connected to the SURE system, the
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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
jurisdiction, the commission shall mail the following
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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
commission is satisfied with the registrant's explanation
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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
information under this section shall conduct themselves in a
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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) or 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.
Section 3. Title 25 is amended by adding a section to read:
§ 1325.1. 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
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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.
(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
pursuant to 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 a statement to an
applicant or take an action the purpose of or effect of
which is to discourage the applicant from providing voter
registration information.
(iii) The employee may not make a statement to an
applicant or take an 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,
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acceptance, or the availability of services or benefits.
(2) Agency or entity employees who violate this
subsection, who fail to collect the information required
under subsection (b) or fail to forward the information to
the department shall be removed from 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 it 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 subsection (b) 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
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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
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
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.
(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 pursuant to paragraph (4).
(g) Confidentiality.--The identity of an agency or entity
through which a particular voter is registered in accordance
with this section may 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 a purpose other
than voter registration.
(i) Regulation.--The secretary shall promulgate regulations
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regarding the maintenance and destruction of forms used pursuant
to this section.
Section 4. Sections 1326(b) and (c), 1327(a) and (b) and
1328(b) and (c) of Title 25 are amended to read:
§ 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 1325.1 (relating to Commonwealth
agencies or other entities), if the valid voter registration
application is accepted at the voter registration agency or
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electronic voter registration record is received by the
department not later than 30 days before the date of the
election.
(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 1325.1 (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 1325.1:
(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
within 14 days from the date the application is sent to
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the registration office.
(v.1) For automatic registration under section 1323,
1325 or 1325.1, 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
will remain confidential and will be used for voter
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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% of the population, the secretary shall:
(i) print a bilingual application; 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.
(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
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
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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
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
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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.
* * *
§ 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
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driver's license application), 1325 (relating to government
agencies) or 1325.1 (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.
(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
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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
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.
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(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.
(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.
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(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)(ii), 1325(f) or 1325.1(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.
(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)(ii), 1325(f) or
1325.1(f)(4), the commission shall mail a wallet-sized
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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.
(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
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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
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.
* * *
Section 5. Title 25 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 20
PRIVACY AND SECURITY STANDARDS
Sec.
2001. Establishment of privacy and security standards.
2002. Regulations, policies and enforcement procedures.
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2003. Recordkeeping.
2004. Protections against liability.
2005. Protections against misuse of information.
§ 2001. Establishment of privacy and security standards.
The secretary shall establish standards and procedures to
safeguard the privacy of the residents of this Commonwealth and
the integrity and security of the information on the Statewide
voter registration database.
§ 2002. Regulations, policies and enforcement procedures.
(a) Regulations.--The secretary shall promulgate regulations
regarding privacy and security policies specifying each class of
users who shall have authorized access to the Statewide voter
registration database, specifying for each class the permissions
and levels of access to be granted, and setting forth other
safeguards to protect the privacy and security of the
information on the Statewide voter registration database. The
regulations shall:
(1) prohibit public disclosure of certain voter
information, including the source for a voter's registration
and any information not necessary to voter registration;
(2) protect against public disclosure of Social Security
numbers, driver's license numbers and signatures;
(3) prohibit public disclosure of an individual's
decision not to register to vote;
(4) prohibit Commonwealth agencies from transmitting to
election officials information other than that required for
voter registration or specific information relevant to the
administration of elections, including language preferences
and demographic information; and
(5) prohibit the disclosure of information relating to
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individuals in categories designated confidential by Federal
or State law, including victims of domestic violence or
stalking, prosecutors and law enforcement personnel and
participants in a witness protection program.
(b) Unauthorized access prohibited.--The secretary shall
establish policies and enforcement procedures to prevent
unauthorized access to the Statewide voter registration database
and to any list provided by a source or list maintenance source.
(c) Interagency transfers.--The secretary shall establish
policies and enforcement procedures to maintain security during
interagency transfers of information on the Statewide voter
registration database. A source agency participating in an
interagency transfer of information shall facilitate and comply
with the policies. Nothing in this subsection may be construed
to prohibit a source agency from establishing and enforcing
additional security measures to protect the confidentiality and
integrity of interagency data transfers.
(d) Records retention.--The Secretary of the Commonwealth
shall establish standards and procedures to maintain all
election records required under law, including election records
used for the purpose of determining the eligibility of
individuals casting provisional ballots. Records for individuals
who have been retained on the Statewide voter registration
database but are identified as ineligible to vote within this
Commonwealth, or removed from the Statewide voter registration
database due to ineligibility, shall be maintained and kept
available until at least the date of the second general election
that occurs after the date that the individual was identified as
ineligible.
§ 2003. Recordkeeping.
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(a) Report.--The secretary shall produce an annual public
report for submission to the General Assembly, including:
(1) the number of records that have been transferred
under law, by source;
(2) the number of individuals newly added to the
Statewide voter registration database because of records
transferred under this part, by source;
(3) the number of individuals on the Statewide voter
registration database whose information was updated because
of records transferred under this part, by source;
(4) the number of records that do not relate to
individuals affirmatively identified as eligible to vote
transferred under this part, by source;
(5) the number of individuals who opted out of voter
registration;
(6) the number of individuals who submit requests to
update or correct voter registration information through the
SURE system, by the type of information updated;
(7) the number of individuals who submit voter
registration forms using the online procedure; and
(8) the number of individuals who correct voter
registration information using the election day procedure.
(b) Race analysis.--In preparing the report under subsection
(a), the secretary shall, for each category of information
described under subsection (a), include an analysis of the race
of the individuals, to the extent that information on the race
of the individuals is available to the secretary.
(c) Confidentiality.--The report under subsection (a) shall
exclude any information that reveals an individual's identity.
§ 2004. Protections against liability.
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Any individual who is not eligible to vote and who becomes
registered under law may not be found on that basis to have made
a false claim to citizenship or to have committed an act
involving moral turpitude, unless the individual signs a
document that affirmatively asserts that the individual is a
United States citizen after the date on which the individual is
registered to vote in this Commonwealth. If an individual who is
not eligible to vote becomes registered under law without
affirmatively accepting registration, that individual's voter
registration shall be considered to have official authorization
to vote in this Commonwealth.
§ 2005. Protections against misuse of information.
(a) Registration use prohibited.--A person may not use the
Statewide voter registration database to attempt to determine
the citizenship status of any individual for any purpose other
than voter registration, election administration or the
enforcement of the laws of this Commonwealth against crimes
pertaining to elections.
(b) Information use prohibited.--Information relating to an
individual's absence from the Statewide voter registration
database or an individual's refusal to supply information for
voter registration purposes at a source may not be disclosed to
the public or used for any purpose other than voter
registration, election administration or the enforcement of the
laws of this Commonwealth against crimes pertaining to
elections.
(c) Nondiscrimination.--A person may not discriminate
against any individual on the basis of the individual's absence
from the Statewide voter registration database, the information
supplied by the individual for voter registration purposes at a
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source or the individual's refusal to supply the information,
except as required to administer elections or enforce the laws
of this Commonwealth against crimes pertaining to elections.
Section 6. This act shall take effect in 60 days.
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