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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRADFORD, JOSEPHS, FREEMAN, CALTAGIRONE, DeWEESE, GERGELY, LEVDANSKY, MANDERINO, MUNDY, PARKER, SANTARSIERO, SANTONI, SHAPIRO, SIPTROTH, M. SMITH AND R. TAYLOR, MARCH 25, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 2010 |
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| AN ACT |
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1 | Providing for election day registration; and prescribing |
2 | penalties. |
3 | TABLE OF CONTENTS |
4 | Chapter 1. Preliminary Provisions |
5 | Section 101. Short title. |
6 | Section 102. Definitions. |
7 | Chapter 3. Election Day Registration |
8 | Section 301. Election day registration. |
9 | Section 302. Procedure. |
10 | Section 303. Maps. |
11 | Section 304. Provisional ballots. |
12 | Section 305. Record of attempted registrations. |
13 | Section 306. Verification by mail. |
14 | Chapter 5. Enforcement and Penalties |
15 | Section 501. Prohibited acts. |
16 | Section 502. Enforcement. |
17 | Chapter 11. Miscellaneous Provisions |
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1 | Section 1101. Construction of act. |
2 | Section 1102. Rules and regulations. |
3 | Section 1103. Repeals. |
4 | Section 1104. Applicability. |
5 | Section 1105. Effective date. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | CHAPTER 1 |
9 | PRELIMINARY PROVISIONS |
10 | Section 101. Short title. |
11 | This act shall be known and may be cited as the Same Day |
12 | Voter Registration Act. |
13 | Section 102. Definitions. |
14 | The following words and phrases when used in this act shall |
15 | have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Board" or "county board." The county board of elections. |
18 | "Department." The Department of State of the Commonwealth. |
19 | CHAPTER 3 |
20 | ELECTION DAY REGISTRATION |
21 | Section 301. Election day registration. |
22 | (a) General rule.--Any person otherwise eligible to vote may |
23 | register to vote on the day of any primary, municipal or general |
24 | election by appearing in person at the polling place for the |
25 | election district in which the individual maintains residence, |
26 | completing a registration card, making an oath in the form |
27 | prescribed by the department and providing proof of residence. |
28 | (b) Proof of residence.--An individual may prove residence |
29 | by any of the following methods: |
30 | (1) By displaying a valid driver's license. |
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1 | (2) By showing any document approved by the department. |
2 | Section 302. Procedure. |
3 | (a) Judges of elections.--Voter registration under this act |
4 | shall be conducted by judges of elections. A judge who registers |
5 | an individual voter shall not process that voter's ballot at any |
6 | time prior to opening of the ballot box after the voting ends. |
7 | (b) Registration cards.--Registration cards and forms for |
8 | oaths shall be available at each polling place. Registration |
9 | cards completed on election day shall be forwarded to the |
10 | appropriate county board, which shall add the name of each voter |
11 | to the registration rolls unless the information forwarded is |
12 | substantially deficient. Each judge of elections registering a |
13 | person on election day shall initial the voter registration card |
14 | of that person. |
15 | (c) Deficient registration.--A county board that finds an |
16 | election day registration substantially deficient shall mail |
17 | written notice of same to the individual. An election day |
18 | registration shall not be found deficient solely because the |
19 | individual who provided proof of residence was ineligible to do |
20 | so. |
21 | Section 303. Maps. |
22 | The county board shall provide each polling place with a |
23 | detailed map showing election districts in order to assist |
24 | judges of elections in determining whether an address is located |
25 | in that district. |
26 | Section 304. Provisional ballots. |
27 | The county board shall provide each polling place with |
28 | provisional ballots for the purpose of allowing all voters |
29 | registered on the same day of the election to vote. The |
30 | provisional ballots shall be used in place of the regularly |
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1 | prescribed method of voting for the polling place for the voters |
2 | registered under this act. If the newly registered voter is |
3 | determined to be eligible to vote in the election, the ballot |
4 | shall be counted as part of the total vote. If the registration |
5 | is determined to be deficient, the ballot shall be discarded. |
6 | Section 305. Record of attempted registrations. |
7 | The judge of elections responsible for election day |
8 | registration at each polling place shall keep a record of the |
9 | number of individuals who attempt to register on election day |
10 | but who cannot provide proof of residence as required by this |
11 | act. This record shall be forwarded to the county board with the |
12 | election returns for that election district. |
13 | Section 306. Verification by mail. |
14 | Within ten days of an election, each county board shall send |
15 | a notice to all individuals registered on election day. If a |
16 | notice is returned as not deliverable, the board shall attempt |
17 | to determine the reason for the return. A county board which |
18 | does not receive or obtain satisfactory proof of an individual's |
19 | eligibility to vote shall immediately notify the district |
20 | attorney and the department. |
21 | CHAPTER 5 |
22 | ENFORCEMENT AND PENALTIES |
23 | Section 501. Prohibited acts. |
24 | (a) Offenses enumerated.--It shall be unlawful: |
25 | (1) To cause an individual's name to be registered in |
26 | any election district if that individual is not eligible to |
27 | vote. |
28 | (2) To cause an individual's name to be registered for |
29 | the purpose of voting in more than one election district or |
30 | in any election district in which the individual does not |
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1 | maintain residence. |
2 | (3) To misrepresent an individual's identity when |
3 | attempting to register to vote. |
4 | (4) To aid, abet, counsel or procure any other |
5 | individual to violate this act. |
6 | (5) For a judge of elections to allow an unregistered |
7 | voter to vote in any election. |
8 | (b) Grading.--A violation of this section constitutes a |
9 | misdemeanor of the second degree. |
10 | Section 502. Enforcement. |
11 | Prosecution for violations of this act shall be brought by |
12 | the district attorney, upon information supplied by the |
13 | department, a county election officer or any person. |
14 | CHAPTER 11 |
15 | MISCELLANEOUS PROVISIONS |
16 | Section 1101. Construction of act. |
17 | This act shall be construed as providing a procedure for |
18 | registration in addition to those methods as are provided by |
19 | law. |
20 | Section 1102. Rules and regulations. |
21 | The department shall, in the manner provided by law, |
22 | promulgate the rules and regulations necessary to carry out this |
23 | act. |
24 | Section 1103. Repeals. |
25 | All acts and parts of acts are repealed insofar as they are |
26 | inconsistent with this act. |
27 | Section 1104. Applicability. |
28 | This act shall apply to the municipal or general election |
29 | occurring in the year next following the year of final enactment |
30 | of this act, and to each primary, municipal and general election |
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1 | thereafter. |
2 | Section 1105. Effective date. |
3 | This act shall take effect immediately. |
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