Regular Session 2021-2022 Senate Bill 0821 P.N. 1024

PRINTER'S NO. 1024

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

821

Session of

2021

INTRODUCED BY MASTRIANO, PITTMAN, HUTCHINSON AND GORDNER,

AUGUST 11, 2021

REFERRED TO STATE GOVERNMENT, AUGUST 11, 2021

AN ACT

Amending Title 25 (Elections) of the Pennsylvania Consolidated

Statutes, establishing the Election Commission; removing the

Secretary of the Commonwealth and the Department of State

from the election process and from campaign finance

oversight, except for Constitutionally mandated functions;

making an editorial change; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 25 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART I

PRELIMINARY PROVISIONS

Sec.

101. Definitions.

§ 101. Definitions.

The following words and phrases when used in this title shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Election Commission." The Election Commission established

under section 502 (relating to Election Commission).

Section 2. Title 25 is amended by adding a chapter to read:

CHAPTER 5

ELECTION COMMISSION

Sec.

501. Definitions

502. Election Commission.

503. Operation.

§ 501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission." The Election Commission established under

section 502 (relating to Election Commission).

§ 502. Election Commission.

(a) Establishment.--The Election Commissi on is established.

(b) Composition.--

(1) The commission shall consist of three commissioners.

The Governor, the President pro tempore of the Senate and the

Speaker of the House of Representatives shall each appoint

one individual as a commissioner. The commissioner appointed

by the Governor shall serve as chair of the commission. Each

nominee must be confirmed by the Senate.

(2) No more than two commissioners may be appointed from

the same political party at one time. If one political party

controls both chambers of the General Assembly and the

Governorship, the Minority Leader of the Senate may appoint a

commissioner instead of the President pro tempore.

(1) An individual may not be appointed as a commissioner

who has held an elective public off ice or an office in a

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political party within the year immediately preceding the

individual's appointment.

(2) A commissioner may not:

(i) Be a member of a national, State or county

committee of a political party.

(ii) Be an officer in a partisan political club or

organization.

(iii) Hold or be a candidate for a public office.

(3) A commissioner may not be a spouse, grandparent,

parent, sibling, child or grandchild of an individual seeking

election to an office or holding an elective office that is

filled in whole or in part by qualified voters in this

Commonwealth.

(4) An individual who is a lobbyist at the State or

local government level may not serve as a commissioner. A

commissioner may not lobby a State or local government while

a member of the commission until the expiration of the

commissioner's current term.

(d) Term.--

(1) The chair of the commission shall serve for a

maximum of two terms of four years. As the term of the chair

of the commission expires or becomes vacant, a successor

shall be appointed in the manner of the original appointment

and shall serve for a maximum of four years. A term under

this paragraph shall run concurrently with the term of the

appointing Governor and until a future successor is

appointed.

(2) Except for paragraph (1), a commissioner shall serve

for a four-year term and until the commissioner's successor

is appointed. Six months prior to the expiration of a

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commissioner's term, the ranking officer of the political

party in the respective chamber who originally appointed the

commission member shall appoint the replacement.

(3) A commissioner may not serve more than two full

terms.

(4) A vacancy on the commission shall be filled for the

unexpired term in the same manner as provided for an

expiration of term under this subsection.

(e) Compensation.--Each commissioner shall receive an annual

stipend of $1,200 and shall be paid travel expenses and a per

diem in performance of their duties.

§ 503. Operation.

(a) Duties.--The commission shall have the following duties:

(1) To oversee the process in general, primary and

municipal elections and campaign finance. This paragraph

shall not apply to a Constitutionally mandated function of

the Secretary of the Commonwealth or the Department of State

regarding elections or campaign finance.

(2) To develop a budget request annually.

(3) To promulgate regulations for the implementation and

oversight of this chapter.

(b) Hearings.--Hearings shall be held before the entire

commission, except that the chair may direct that a hearing be

held before one member of the commission or a panel of less than

the entire commission. The commission shall adopt rules to

provide for the filing of a report when hearings are held by a

single commissioner or a panel. The rules shall prescribe the

time for filing the report and the contents of the report.

or consult with appropriate agencies of State government for

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professional assistance as may be needed in the discharge of the

commission's duties.

(d) Staff.--

(1) The commission shall hire one full-time executive

director.

(2) Beginning on the effective date of this section, the

staff of t he Bureau of Commissions, Elections and Legislation

of the Department of State s hall remain employees of the

Department of State but shall report to the commission.

Section 3. The definitions of "department" and "secretary"

in section 1102 of Title 25 are amended 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

section unless the context clearly indicates otherwise:

* * *

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

* * *

["Secretary." The Secretary of the Commonwealth.]

* * *

Section 4. Sections 1105, 1108, 1201, 1222(a), (c)(5), (7)

and (12), (d), (e) and (f)(1), 1323(a)(1), (b)(2), (c)(1), (2),

(3), (3.1) and (4)(i), 1324(a), 1325(a) introductory paragraph,

(b)(6), (e) and (j), 1327(a)(1) introductory paragraph, (5), (6)

introductory paragraph, (7) and (8) and (c)(1), (2), (4), (5)

and (6) introductory paragraph, 1329(b) introductory paragraph,

1401(e) and (f)(1), 1402(b)(1) and (2), 1403(b) and (c)

introductory paragraph, 1404(b)(1), 1405(a), (b)(1) and (c),

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1406, 1505(a), 1513(a), 1514, 1709, 1801(a) and (c), 1803, 1804,

1901(b)(1)(i) introductory paragraph, 1906(a) and 3302(b) and

(d) of Title 25 are amended to read:

§ 1105. Standardized forms.

(a) General rule.--Whenever possible, the [secretary]

Election Commission shall prescribe by regulation standardized

voter registration or absentee ballot application forms which

may be used, with prior approval by the [secretary] Election

Commission, 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] Election Commission

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).

§ 1108. Administration.

The [department] Election Commission shall administer this

part.

§ 1201. [Departmental] Election Commission responsibilities.

The [department] Election Commission 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 the Department of

Transportation, the Department of [Public Welfare] Human

Services, armed forces recruitment centers, Offices of the

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Clerk of Orphan's Court and all other offices under this part

to the [secretary] Election Commission or the appropriate

commission.

(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.

(a) Establishment.--The [department] Election Commission

shall develop and establish a Statewide Uniform Registry of

Electors to be known as the SURE system.

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:

* * *

(5) Permit each commission and the [department] Election

Commission to have instant access to a commission's

registration records maintained on the system.

* * *

(7) Permit each commission and the [department] Election

Commission to review and search the system and to permit the

sending of notices to the appropriate officials regarding

death, change of address or other information which could

affect the qualifications of an applicant or the registration

of a registered elector.

* * *

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(12) Permit the [department] Election Commission to

implement section 1901(b)(1)(i) (relating to removal of

electors).

* * *

(d) Records.--Within 30 days of receiving notice from the

[department] Election Commission, each commission shall provide

to the [department] Election Commission, in the manner and form

established by the [department] Election Commission, an

electronic copy of its registration records. Beginning 60 days

after receiving notice in accordance with this subsection and

continuing until the commission is connected to the SURE system,

each commission shall provide monthly to the [department]

Election Commission, in the manner and form established by the

[department] Election Commission, an electronic copy of its

general register. The provision of records in accordance with

this subsection shall not be considered a part of the

establishment or implementation of the SURE system.

(e) Implementation.--The [department] Election Commission

shall implement the SURE system as soon as possible. The

[department] Election Commission shall establish by regulation a

schedule for each commission to be connected to the SURE system.

Commissions shall be connected in an order which maximizes the

accuracy, integrity and protection of registration records on a

Statewide basis. Upon being connected, each commission shall be

required to use the SURE system as its general register.

Connection of the commissions shall commence no later than

August 31, 2002, and shall be completed Statewide by January 1,

2005.

(f) Regulations.--The [secretary] Election Commission shall

promulgate regulations necessary to establish, implement and

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administer the SURE system. Regulations shall include all of the

following:

(1) Uniform procedures for the commissions relating to

the SURE system, including the process and manner of entering

information into the SURE system, the type and form of

information to be entered, the process for identifying and

removing duplicate registrations, the manner and time frame

for updating information in the system and the manner and

form of communications between commissions and between the

[department] Election Commission and a commission.

* * *

§ 1323. Application 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. The [secretary]

Election Commission has the primary responsibility for

implementing and enforcing the driver's license voter

registration system created under this section. The

[secretary] Election Commission, in consultation with the

Secretary of Transportation, may promulgate regulations for

implementing this section.

* * *

(b) Process.--

* * *

(2) The format of the driver's license/voter

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registration application shall be determined and prescribed

by the [secretary] Election Commission and the Secretary of

Transportation.

* * *

(1) The Department of Transportation shall forward

completed applications or contents of the completed voter

registration applications in machine-readable format to the

[department] Election Commission by the close of registration

for the ensuing election.

(2) The [department] Election Commission 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) Upon receipt of the completed voter registration

information from the [department] Election Commission, the

commission shall make a record of the date of the receipt of

the application and process the application. No applicant

shall be deemed eligible to vote until the commission has

received and approved the application.

(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

registration application within five days of receipt of the

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application. Upon receipt of the information from the

Department of Transportation, a commission shall 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). 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 to the [department] Election Commission

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] Election

Commission of changes of address received under

subsection (a)(3). The [department] Election Commission

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

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

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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.

* * *

§ 1324. Application by mail.

(a) General rule.--An application to register to vote or to

change party enrollment or name or address on a current

registration may be submitted by voter registration mail

application in the manner set forth in this section. An

application may be submitted by mail or by representative to the

commission on an official mail registration application, the

form of which shall be determined and prescribed by the

[secretary] Election Commission or the Federal Election

Commission pursuant to the National Voter Registration Act of

1993 (Public Law 103-31, 42 U.S.C. § 1973gg et seq.). The

applicant must complete the information required on the

registration application and sign the registration declaration.

* * *

§ 1325. Government agencies.

(a) General rule.--The [secretary] Election Commission shall

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administer a system whereby all offices in this Commonwealth

that provide public assistance, each county clerk of orphans'

court, including each marriage license bureau, all offices in

this Commonwealth that provide State-funded programs primarily

engaged in providing services to persons with disabilities and

all armed forces recruitment centers do all of the following:

* * *

(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:

* * *

(6) The statement "If you believe that someone has

interfered with your right to register or to decline to

to register or in applying to register to vote or your right

to choose your own political party or other political

preference, you may file a complaint with the [Secretary of

the Commonwealth, Pennsylvania Department of State] Election

Commission, Harrisburg, PA 17120." The [secretary] Election

Commission shall establish and publish a toll-free telephone

number for the purpose of receiving complaints.

* * *

(e) Encouraging registration.--An agency designated in

subsection (a) shall provide reasonable space for nonpartisan

signs or posters encouraging voter registration. The signs and

posters shall be provided by the [secretary] Election

Commission.

* * *

(j) Regulation.--The [secretary] Election Commission shall

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promulgate regulations regarding the maintenance and destruction

of forms used pursuant to this section.

§ 1327. Preparation and distribution of applications.

(a) Form.--

(1) The [secretary] Election Commission 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:

* * *

(5) In jurisdictions where there is a single language

minority, the [secretary] Election Commission may print a

bilingual application.

(6) In jurisdictions where a single language minority

exceeds 5% of the population, the [secretary] Election

Commission shall:

* * *

(7) To implement section 1324 (relating to application

by mail), the [secretary] Election Commission 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

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applications by any other individual, provided that the form,

content and paper quality of such voter registration

application complies with [department] Election Commission

regulations for the forms or has received prior approval from

the secretary.

* * *

(1) The [secretary] Election Commission shall supply

official registration applications to commissions.

(2) The [secretary] Election Commission shall make

available for distribution 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.

* * *

(4) The [secretary] Election Commission may provide

technical assistance to commissions upon request and agencies

designated under paragraph (2).

(5) The [secretary] Election Commission 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] Election Commission shall also

include instructions to inform the applicant where the

application is to be sent.

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(6) The [secretary] Election Commission and commissions

shall supply applications to all of the following:

* * *

§ 1329. Challenges.

* * *

(b) Complaint.--To make a challenge, a complainant must file

a challenge affidavit in a form prescribed by the [secretary]

Election Commission containing the following information:

* * *

§ 1401. General register.

* * *

(e) Digitized signature lists.--Before a commission is

connected to the SURE system, if a commission uses digitized

signature lists as the district register, the original

registration cards shall be placed in exact alphabetical order

by last name of the registrant, indexed and kept at the office

of the commission in a manner as to be properly safeguarded.

These original cards constitute the general register of the

county. They may not be removed from the office of the

commission except upon order of a court of record. The

commission shall safely retain all registration cards used in

the registration of electors or in conducting an election. If a

commission has the capability to accept an electronic

application, the [secretary] Election Commission may require the

commission to produce a computer-generated card to file in the

general register. If the commission finds a record for a

registrant on the computer database which is not contained in

the general register, it shall replace the original card with a

computer-generated duplicate card upon written permission from

the registrant or upon order of a court of record.

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(f) Duplicate files.--Before a commission is connected to

the SURE system, if the commission deems a duplicate file of

registration cards necessary for administrative purposes, the

commission may prepare a reproduction in compliance with the

following:

(1) The registration form shall be photographed,

microphotographed or reproduced in a manner approved for

permanent records by the [secretary] Election Commission.

* * *

§ 1402. District registers.

* * *

(b) Computer lists.--

(1) Before a commission is connected to the SURE system,

instead of using registration cards as the district register

as provided in subsection (a), a commission may use a

computer list or computer-generated cards containing the

registered electors arranged by election district,

alphabetically by last name of the registrant. The computer

list or computer-generated cards must be in a form prescribed

by the [secretary] Election Commission and must contain

necessary information that would otherwise be available on

the registration cards, including a legible digitized

signature of the registrant copied from the signature on the

registration card. The district election officials shall have

computer printouts at the polling places containing the

necessary information needed to verify the identity of the

elector. The digitized signature list shall be open to public

inspection, subject to reasonable safeguards, rules and

regulations.

(2) After a commission is connected to the SURE system,

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each commission shall create from its general register a

computer list to be used as the district register. For each

election district, the list shall contain the names of the

registered electors of the election district, alphabetically

by last name of each registered elector. Each page of the

list shall contain the name of the county, the election

district, the date of the election and the date and time the

list was prepared. The computer list shall be in a form

prescribed by the [secretary] Election Commission and must

contain necessary information that would otherwise be

available in the general register, including a legible

digitized or electronic signature, the street address and

political party of each registered elector, and suitable

space for insertion of the signature of the registered

elector and for insertion by the proper election official of

the number and letter of the stub of the ballot issued to the

registered elector or the registered elector's number in the

order of admission to the voting systems and the initials of

the election official who enters the record of voting in the

district register and whether the elector needs assistance to

vote and, if so, the nature of the disability. The district

shall be open to public inspection, subject to reasonable

safeguards, rules and regulations.

* * *

§ 1403. Street lists.

* * *

(b) Copies.--The commission shall retain two copies of the

list under subsection (a) on file at its office and forward one

copy of the list under subsection (a) to the [department]

20210SB0821PN1024 - 18 -

Election Commission. These copies shall be available for public

inspection during business hours, subject to reasonable

safeguards and regulations.

each commission shall distribute the list under subsection (a)

upon request as follows:

* * *

§ 1404. Public information lists.

* * *

(b) Access.--

(1) The [secretary] Election Commission may promulgate

reasonable regulations governing access to the list.

* * *

§ 1405. Retention of records.

(a) Computer lists.--Each commission shall preserve district

registers for at least five years in the manner, form and time

frame established by the [department] Election Commission.

(b) Records.--

(1) The [department] Election Commission and each

commission shall preserve for two years and shall make

available for public inspection and, where available,

photocopying at a reasonable cost all records concerning the

implementation of programs and activities conducted for the

purposes of ensuring the accuracy and currency of official

lists of registered electors except to the extent that the

records relate to a declination to register to vote or to the

identity of a voter registration agency through which any

particular qualified elector is registered.

* * *

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connected to the SURE system, the registration cards and

applications utilized under this part, under the act of June 30,

1995 (P.L.170, No.25), known as the Pennsylvania Voter

Registration Act, under the former act of March 30, 1937

(P.L.115, No.40), known as The First Class City Permanent

Registration Act, or under the former act of April 29, 1937

(P.L.487, No.115), known as The Permanent Registration Act for

Cities of the Second Class, Cities of the Second Class A, Cities

of the Third Class, Boroughs, Towns, and Townships, shall be

placed in alphabetical order by last name of the registered

elector, indexed and kept at the office of the commission in a

manner as to be properly safeguarded. They may not be removed

from the office of the commission except upon order of a court

of record. The commission shall safely retain all registration

cards used in the registration of registered electors in

accordance with regulations promulgated by the [department]

Election Commission.

§ 1406. Reports.

(a) Commission.--By March 1, a commission shall submit to

the [secretary] Election Commission an annual report setting

forth the number of electors registered under sections 1322

(relating to in-person voter registration), 1323 (relating to

application with driver's license application), 1324 (relating

to application by mail) and 1325 (relating to government

agencies). The report shall specify the number of electors whose

registration has been canceled under Chapter 15 (relating to

changes in records) and any other information required by the

[secretary] Election Commission.

(b) [Secretary.--The secretary] Election Commission.--The

Election Commission shall submit an annual report to the General

20210SB0821PN1024 - 20 -

Assembly by June 30 assessing the impact of this part on the

administration of elections during the preceding year and

including recommendations for improvements to procedures, forms

and other matters affected by this part.

§ 1505. Death of registrant.

(a) Department of Health.--A commission shall cancel the

registration of a registered elector reported dead by the

Department of Health. The Department of Health shall, within 60

days of receiving notice of the death of an individual 18 years

of age or older, send the name and address of residence of that

individual to a commission in a manner and on a form prescribed

by the [department] Election Commission. The commission shall

promptly update information contained in its registration

records.

* * *

§ 1513. Applicability of provisions.

(a) Suspension.--To the extent that the [Secretary of the

Commonwealth] Election Commission determines that the National

Voter Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §

1973gg et seq.) prohibits the cancellation of registration for

elections for Federal office because of a failure to vote as

provided in section 1510 (relating to failure to vote), the

provisions of sections 1506 (relating to checkup of registers)

through 1512 (relating to correction of errors in cancellation

or suspension) are suspended. The suspension shall become

effective upon publication of notice of the determination in the

Pennsylvania Bulletin.

* * *

§ 1514. Conversion of registration records.

The [department] Election Commission shall convert the

20210SB0821PN1024 - 21 -

registration records of each commission in accordance with

section 1222 (relating to SURE system). In converting the

registration records of each commission, the [department]

Election Commission shall assign each registered elector a SURE

registration number which the commission shall add to the

registration records of the registered elector.

§ 1709. Law enforcement assistance.

A law enforcement officer who, upon demand of any

commissioner or inspector of registration or of the [secretary]

Election Commission, fails to render demanded assistance in the

maintenance of peace and in the making of arrests without

warrant as provided in this part or who intentionally hinders or

attempts to hinder any commissioner, inspector of registration

or the [secretary] Election Commission in the performance of a

duty commits a misdemeanor of the second degree and shall, upon

conviction, be sentenced to pay a fine of not more than $5,000

or to imprisonment for not more than two years, or both.

§ 1801. Attorney General.

(a) Investigation.--The [secretary] Election Commission

shall investigate alleged violations of sections 1323 (relating

to application with driver's license application) and 1325

(relating to government agencies) and report apparent violations

to the Attorney General.

* * *

State Treasurer in accordance with section 1804(b) (relating to

relief) if the [secretary] Election Commission fails to notify

the State Treasurer as required by section 1803(b) (relating to

power of [department] Election Commission).

§ 1803. Power of [department] Election Commission.

20210SB0821PN1024 - 22 -

(a) General rule.--The [department] Election Commission

shall have the authority to take any actions, including the

authority to audit the registration records of a commission,

which are necessary to ensure compliance and participation by

the commissions.

(b) Notifications.--The [secretary] Election Commission

shall notify the State Treasurer to withhold funds in accordance

with section 1804(b) (relating to relief) if a commission fails

or refuses to comply with the provisions of this part.

§ 1804. Relief.

(a) Injunctive.--In the event that a commission fails to

adhere to any provision of this part, the [secretary] Election

Commission is authorized to seek declaratory and injunctive

relief in Commonwealth Court.

(b) Withholding of appropriations.--In accordance with

sections 1801 (relating to Attorney General) and 1803 (relating

to power of [department] Election Commission) and in addition to

any remedy provided in subsection (a), the State Treasurer

shall, upon notification, withhold any part or all of the State

appropriations to which a county is entitled, including funding

for the court of common pleas but excluding funding for human

services.

§ 1901. Removal of electors.

* * *

(b) Voter removal program.--

(1) Each commission shall establish a program to

identify registered electors whose address may have changed

by establishing one of the following programs:

(i) National change of address. The [secretary]

Election Commission shall establish by regulation a

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program whereby information supplied by the United States

Postal Service through its licensees is used on a

periodic basis, but not less than once every calendar

year, to identify registered electors who may have

changed addresses. The information shall be incorporated

in the SURE system and shall be forwarded to the

commissions in a manner determined by the [secretary]

Election Commission by regulation.

* * *

§ 1906. Termination of chapter.

(a) Notice.--If the [Secretary of the Commonwealth] Election

Commission determines that the National Voter Registration Act

of 1993 (Public Law 103-31, 42 U.S.C. § 1973gg et seq.) no

longer prohibits cancellation of registration of electors for

Federal office because of failure to vote, the [secretary]

Election Commission shall transmit notice of the determination

to the Legislative Reference Bureau for publication in the

Pennsylvania Bulletin.

* * *

§ 3302. Application for absentee ballots.

* * *

(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] Election

Commission.

* * *

(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] Election

Commission, which was prepared or distributed by a political

20210SB0821PN1024 - 24 -

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] Election Commission and

supplied by the county board of elections.

Section 5. The definitions of "secretary" and "State

declaration" in section 3502 of Title 25 are amended to read:

§ 3502. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

["Secretary." The Secretary of the Commonwealth.]

* * *

"State declaration." The declaration prescribed by the

secretary under section 3503(c)(4) (relating to duties and

responsibilities of [secretary] Election Commission).

* * *

Section 6. Sections 3503, 3505(c), 3506(c)(1) and 3512

introductory paragraph of Title 25 are amended to read:

§ 3503. Duties and responsibilities of [secretary] Election

Commission.

(a) Responsible [official.--The secretary is the official]

entity.--The Election Commission is the entity in the

Commonwealth responsible for implementing this chapter and the

Commonwealth's responsibilities under the Uniformed and Overseas

Citizens Absentee Voting Act (Public Law 99-410, 42 U.S.C. §

1973ff et seq.).

(b) Information to covered voters.--The [secretary] Election

Commission shall make available to covered voters information

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regarding voter registration procedures for covered voters and

procedures for casting military-overseas ballots.

do all of the following:

(1) Establish an electronic transmission system through

which a covered voter may apply for and receive voter

registration materials, military-overseas ballots and other

information under this chapter.

(2) Develop standardized absentee-voting materials and

their electronic equivalents, authentication materials and

voting instructions to be used with the military-overseas

ballot of a voter authorized to vote in any jurisdiction in

this Commonwealth.

(3) To the extent reasonably possible, coordinate with

other states to carry out the provisions of this subsection.

(4) Prescribe the form and content of a declaration for

use by a covered voter who does not use the Federal write-in

absentee ballot in accordance with the following:

(i) The declaration shall require the covered voter

to swear or affirm, under penalty of perjury, specific

representations pertaining to the voter's:

(A) identity;

(B) eligibility to vote;

(D) timely and proper completion of a military-

overseas ballot.

(ii) The declaration shall be based on the FWAB

declaration, as modified to be consistent with this

chapter.

(iii) The [secretary] Election Commission shall

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ensure that a form for the execution of the declaration,

including an indication of the date of execution of the

declaration, is a prominent part of all balloting

materials for which the declaration is required.

§ 3505. Registering to vote.

* * *

Election Commission shall ensure that the electronic

transmission system described in section 3503(c) (relating to

duties and responsibilities of [secretary] Election Commission)

is capable of accepting a Federal postcard application and any

other approved electronic registration application sent to the

appropriate county election board. The voter may use the

electronic transmission system or any other approved method to

* * *

§ 3506. Methods of applying for military-overseas ballot.

* * *

(1) The [secretary] Election Commission shall ensure

that the electronic transmission system described in section

3503(c) (relating to duties and responsibilities of

[secretary] Election Commission) is capable of accepting the

submission of both a Federal postcard application and any

other approved electronic military- overseas ballot

application sent to the appropriate county election board.

* * *

§ 3512. Confirmation of receipt of application and voted

ballot.

The [secretary] Election Commission, in coordination with

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county election boards, shall implement an electronic free-

access system by which a covered voter may determine by

telephone, e-mail or Internet website whether:

* * *

Section 7. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraphs (2), (3) and (4) are necessary to effectuate the

addition of of 25 Pa.C.S. Ch 5 and section 8 of this act.

(2) The following provisions of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

are repealed insofar as they are inconsistent with the

addition of of 25 Pa.C.S. Ch 5 and section 8 of this act:

Article II, sections 302(k), (l) and (m), 305(a)4 and (c),

the definitions of "bureau" and "secretary" in section 535,

sections 536(c), 537(b) and (c), 538, 539, 540, 605, 626,

627, 628, 629, 630 introductory paragraph, 631, 633, 636,

804, 808.1, 809.1(b) and (c), 811, 901, 903, 904, 905, 907,

911, 912.2(a) and (c), 913(a) and (f), 914, 915, 916, 918,

921, 923, 951(a), 952, 953(a), 954, 976, 977, 978, 978.1,

978.2, 978.3, 979, 981(a), 984, 993(b), 994(a), 995, 997(a),

999.1, 1002(d), 1004, 1103(d), 1104(a)(1), (d), (e) and (f),

1104.1, 1106(a), (b), (c) (e), 1107 introductory paragraph,

1110(b) and (l), 1111(f), 1103-A(d), 1104-A(a), (c) and (d),

1105-A(a), (b), (c) and (e), 1106-A(b), 1107-A introductory

paragraph and (a)(11), 1109-A(b) and (e), 1110-A(a), (b),

(b.1), 1112-A(b)(6), the definitions of "bond", "Department"

and "voting apparatus" in section 1101-B, sections 1102-B(b)

(1), 1103-B(a) and (b)(1), 1104-B(a) and (b), 1106-B, 1107-B,

1108-B(a)(1), 1110-B, 1111-B, 1112-B, 1203, 1206.2(a), (b),

(c), 1210(a.4)(11), 1228(a), 1302(a), (b), (b.1), (e), (i)

20210SB0821PN1024 - 28 -

and (k), 1303(b), 1304, 1305.1, 1306(a)(2), 1306.1, the

definitions of "department" and "secretary" in section 1301-

C, sections 1302-C(a), 1302-D(a), (b)(2) and (3), (f), (g)

(2), 1302.2-D(a)(4), 1303-D(b), 1304-D(a), (b) and (c), 1302-

E(b)(1) and (c)(4)(i), 1402(b), 1404(f) and (g), 1405, 1408,

1409, 1410(a) and (b), 1411, 1412, 1413, 1414, 1415, 1416,

1418, the definition of "supervisor in section 1621(j),

sections 1623, 1624(a), (c) and (d), 1626(a), (c), (g) and

(j), 1627(a), 1628, 1631(1)(ii), (2)(i) and (3), 1632(a) and

(b), 1635(a), (b) and (e), 1636(a), 1639, 1640, 1641,

1701(a.1), 1702(a)(2), 1729, 1732, 1739, 1746, 1174, 1803,

1807, 1848 and the last paragraph of section 1901.

(3) Article VIII of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed insofar as it is inconsistent with the addition of

of 25 Pa.C.S. Ch 5 and section 8 of this act.

(4) The provisions of any act are repealed insofar as

they are inconsistent with the addition of 25 Pa.C.S. Ch 5

and section 8 of this act.

Section 8. The following shall apply:

(1) This act shall apply to elections occurring 60 days

after the effective date of this section.

(2) Beginning on the effective date of this section, the

Department of State and the Secretary of the Commonwealth may

not exercise a duty or power of the Secretary of the

Commonwealth or the Department of State to oversee the

process in general, primary and municipal elections and

campaign finance. This paragraph shall not apply to a

Constitutionally mandated function of the Secretary of the

Commonwealth and the Department of State regarding elections

20210SB0821PN1024 - 29 -

or campaign finance.

(3) The following shall apply beginning 60 days after

the effective date of this section:

(i) An entity or board relating to elections or

campaign finance, such as the Voting Standards

Development Board or the State Plan Advisory Board,

established or existing within the Department of State

shall exist within the Election Commission.

(ii) An entity or board relating to elections or

campaign finance, which was formed by the Secretary of

the Commonwealth, such as the Statewide Uniform Registry

of Electors Advisory Board, shall exist within the

Elections Commission.

(iii) The membership of the Secretary of the

Commonwealth on an entity or board relating to elections

or campaign finance, such as the Pennsylvania Election

Law Advisory Board, shall be assumed by the chair of the

Elections Commission.

(4) Activities initiated by the Department of State or

the Secretary of the Commonwealth to oversee the process in

general, primary and municipal elections and campaign finance

shall continue and remain in full force and effect and shall

be completed by the Election Commission. Orders, regulations,

rules and decisions which were made by the Department of

State or the Secretary of the Commonwealth and which are in

effect on the effective date of this section shall remain in

full force and effect until revoked, vacated or modified by

the Election Commission. Contracts, obligations and

collective bargaining agreements entered into by the

Department of State or the Secretary of the Commonwealth are

20210SB0821PN1024 - 30 -

not affected nor impaired by the termination of duties under

paragraph (2) and shall be executed by the Election

Commission on and after the effective date of this section.

Section 9. This act shall take effect in 60 days.

20210SB0821PN1024 - 31 -