Bill Text: PA HB2373 | 2009-2010 | Regular Session | Introduced


Bill Title: Providing for election day registration; and prescribing penalties.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2010-03-25 - Referred to STATE GOVERNMENT [HB2373 Detail]

Download: Pennsylvania-2009-HB2373-Introduced.html

  

 

    

PRINTER'S NO.  3465

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2373

Session of

2010

  

  

INTRODUCED BY BRADFORD, JOSEPHS, FREEMAN, CALTAGIRONE, DeWEESE, GERGELY, LEVDANSKY, MANDERINO, MUNDY, PARKER, SANTARSIERO, SANTONI, SHAPIRO, SIPTROTH, M. SMITH AND R. TAYLOR, MARCH 25, 2010

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 2010  

  

  

  

AN ACT

  

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Providing for election day registration; and prescribing

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penalties.

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TABLE OF CONTENTS

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Chapter 1.  Preliminary Provisions

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Section 101.  Short title.

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Section 102.  Definitions.

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Chapter 3.  Election Day Registration

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Section 301.  Election day registration.

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Section 302.  Procedure.

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Section 303.  Maps.

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Section 304.  Provisional ballots.

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Section 305.  Record of attempted registrations.

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Section 306.  Verification by mail.

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Chapter 5.  Enforcement and Penalties

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Section 501.  Prohibited acts.

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Section 502.  Enforcement.

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Chapter 11.  Miscellaneous Provisions

 


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Section 1101.  Construction of act.

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Section 1102.  Rules and regulations.

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Section 1103.  Repeals.

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Section 1104.  Applicability.

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Section 1105.  Effective date.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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CHAPTER 1

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PRELIMINARY PROVISIONS

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Section 101.  Short title.

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

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Voter Registration Act.

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Section 102.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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

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

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CHAPTER 3

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ELECTION DAY REGISTRATION

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Section 301.  Election day registration.

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

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

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election by appearing in person at the polling place for the

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election district in which the individual maintains residence,

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completing a registration card, making an oath in the form

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prescribed by the department and providing proof of residence.

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

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by any of the following methods:

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

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

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Section 302.  Procedure.

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

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

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

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

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

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oaths shall be available at each polling place. Registration

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cards completed on election day shall be forwarded to the

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

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to the registration rolls unless the information forwarded is

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substantially deficient. Each judge of elections registering a

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person on election day shall initial the voter registration card

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of that person.

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

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election day registration substantially deficient shall mail

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written notice of same to the individual. An election day

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registration shall not be found deficient solely because the

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individual who provided proof of residence was ineligible to do

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so.

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Section 303.  Maps.

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The county board shall provide each polling place with a

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detailed map showing election districts in order to assist

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judges of elections in determining whether an address is located

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in that district.

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Section 304.  Provisional ballots.

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The county board shall provide each polling place with

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provisional ballots for the purpose of allowing all voters

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registered on the same day of the election to vote. The

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provisional ballots shall be used in place of the regularly

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prescribed method of voting for the polling place for the voters

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registered under this act. If the newly registered voter is

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determined to be eligible to vote in the election, the ballot

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shall be counted as part of the total vote. If the registration

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is determined to be deficient, the ballot shall be discarded.

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Section 305.  Record of attempted registrations.

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The judge of elections responsible for election day

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registration at each polling place shall keep a record of the

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number of individuals who attempt to register on election day

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but who cannot provide proof of residence as required by this

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

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election returns for that election district.

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Section 306.  Verification by mail.

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

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a notice to all individuals registered on election day. If a

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notice is returned as not deliverable, the board shall attempt

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to determine the reason for the return. A county board which

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does not receive or obtain satisfactory proof of an individual's

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eligibility to vote shall immediately notify the district

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attorney and the department.

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CHAPTER 5

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ENFORCEMENT AND PENALTIES

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Section 501.  Prohibited acts.

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

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

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any election district if that individual is not eligible to

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vote.

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

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the purpose of voting in more than one election district or

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in any election district in which the individual does not

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maintain residence.

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(3)  To misrepresent an individual's identity when

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attempting to register to vote.

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

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individual to violate this act.

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

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voter to vote in any election.

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

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misdemeanor of the second degree.

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Section 502.  Enforcement.

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Prosecution for violations of this act shall be brought by

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the district attorney, upon information supplied by the

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department, a county election officer or any person.

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CHAPTER 11

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MISCELLANEOUS PROVISIONS

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Section 1101.  Construction of act.

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This act shall be construed as providing a procedure for

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registration in addition to those methods as are provided by

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law.

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Section 1102.  Rules and regulations.

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The department shall, in the manner provided by law,

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promulgate the rules and regulations necessary to carry out this

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act.

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Section 1103.  Repeals.

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

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inconsistent with this act.

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Section 1104.  Applicability.

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This act shall apply to the municipal or general election

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occurring in the year next following the year of final enactment

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

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thereafter.

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Section 1105.  Effective date.

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This act shall take effect immediately.

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