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§ 1327. Preparation and distribution of applications

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 Pa.C.S.A. ElectionsEffective: March 18, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 Pa.C.S.A. Elections
Part IV. Voter Registration (Refs & Annos)
Chapter 13. Voter Registration
Subchapter B. Procedure
Effective: March 18, 2002
25 Pa.C.S.A. § 1327
§ 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 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 under sections 1323 (relating to application with driver's license application) and 1325 (relating to government agencies), 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 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 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 voter registration made under section 1323 or 1325:
(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 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 the registration office.
(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 will remain confidential and will be used for voter registration purposes only. The notices required in this subparagraph shall be in print identical to the declaration in subsection (b).
(5) In jurisdictions where there is a single language minority, the secretary may print a bilingual application.
(6) In jurisdictions where a single language minority exceeds 5% 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 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 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 computer data file.
(4) The official registration application shall contain a notice entitled “PENALTY FOR FALSIFYING DECLARATION.” The notice shall advise the applicant that if a person signs an official registration application knowing a statement declared in the application to be false, the person commits perjury. The notice shall specify the penalty for perjury.
(c) Distribution.--
(1) The secretary shall supply official registration applications to commissions.
(2) The secretary shall make available for distribution official voter registration applications to public libraries, public schools, State-related institutions of higher education, offices operated by the Department of Revenue, offices operated by the Department of Aging, area agencies on aging, offices operated by the Pennsylvania Game Commission or any of its authorized license-issuing agents, offices operated by the Pennsylvania Fish and Boat Commission or any of its issuing agents, and offices that provide unemployment compensation.
(3) Each participating agency identified under paragraph (2) shall:
(i) Provide that official voter registration mail applications are available on the premises and displayed prominently in a conspicuous location during normal business hours.
(ii) Provide an official voter registration mail application to any individual requesting one.
(iii) Provide reasonable space for nonpartisan signs or posters indicating the availability of official voter registration mail applications on the premises.
(4) The secretary may provide technical assistance to commissions upon request and agencies designated under paragraph (2).
(5) The secretary shall print and distribute mail registration applications which are not postage paid and which shall not be specific to any county registration office. Along with the distribution of such applications, the secretary shall also include instructions to inform the applicant where the application is to be sent.
(6) The secretary and commissions shall supply applications to all of the following:
(i) Persons and organizations who request applications.
(ii) Federal, State and political subdivision offices.
(iii) Political parties and political bodies.
(iv) Candidates.
(d) Staff.--Agency employees assisting in the distribution of voter registration applications under subsection (c) shall conduct themselves in a manner consistent with the following principles:
(1) They shall not seek to influence an applicant's political preference or party registration or display political preference or party allegiance.
(2) They shall not make any statement to an applicant or take any action the purpose of or effect of which is to discourage the applicant from registering to vote.
(3) They shall not make any statement to an applicant or take any action the purpose of or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
Agency employees who violate this subsection shall be removed from employment, provided that the agency at its discretion may impose a penalty of suspension without pay for at least 30 days, but not more than 120 days, if it finds that the violation does not warrant termination.

Credits

2002, Jan. 31, P.L. 18, No. 3, § 1, effective in 45 days.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1995, June 30, P.L. 170, No. 25, § 527 (25 P.S. § 961.527).
25 Pa.C.S.A. § 1327, PA ST 25 Pa.C.S.A. § 1327
Current through 2018 Regular Session Act 76
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