Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 02-2309b

[32 Pa.B. 6340]

[Continued from previous Web Page]

§ 183.11.  Records.

   (a)  A commission shall implement the following procedures for general registers:

   (1)  After a commission is connected to the SURE system, the general register of the commission shall be the SURE system, which shall be the official register for the commission.

   (2)  The general register shall contain:

   (i)  The information required in section 1401(a) of the act (relating to general register).

   (ii)  The status of the registrant and only one sample copy of the removal notices mailed to registrants under section 1501 of the act (relating to removal notices), responses sent by the registrant and a record of dates including the date the mailing was sent and the date the registrant responded to the commission.

   (iii)  The status of the registrant and only one sample copy of the removal notices or list maintenance notices mailed to registrants under section 1901 of the act (relating to removal of electors), responses sent by the registrant, and a record of dates including the date the mailing was sent, the date the registrant responded to the commission and the action taken by the commission.

   (b)  The district register, which is located on the SURE system, shall contain:

   (1)  The information required in section 1402 of the act (relating to district registers).

   (2)  The bar code of the registrant.

   (3)  The political party enrollment of the registrant.

   (4)  The date of birth of the registrant.

   (5)  The SURE registration number of the registrant.

   (6)  An indication of whether the registrant's status is active or inactive.

   (c)  A commission shall maintain the following records:

   (1)  The names and addresses of the registrants to whom any information mailings, including notices referenced in §§ 183.4(b)(7) and 183.6 (relating to uniform procedures for the commissions relating to entering data into the SURE system; and uniform procedures for the commissions relating to the process for identifying and removing duplicate records in the SURE system), are mailed.

   (2)  Information concerning whether or not the registrant responded to the mailing as of the date the records are inspected.

   (3)  A copy of the sample mailing sent to the applicant or registrant.

   (4)  The list used to generate the mailing.

   (d)  Information on the general and district registers shall be accessible for public inspection and copying in accordance with §§ 183.13 and 183.14 (relating to accessibility to street lists; and public information lists).

   (e)  Immediately after an election, a commission shall examine the district and general registers to determine the accuracy of both registers in accordance with section 1402(f) of the act. The commission shall compare the signature of an elector on the district register used in the election with the signatures on file in the district and general registers. As a result of this comparison, if the commission suspects fraud, impersonation or forgery, the commission shall report in writing to the district attorney any evidence or indication of the discrepancy. If an election officer recorded an elector as removed, deceased or challenged and prevented the elector from voting, the commission shall investigate and make appropriate corrections to the general and district registers in accordance with the act.

   (f)  A commission shall follow the procedures in this chapter for inactive records of registrants.

   (1)  The commission shall make an inactive record active when the registrant responds to the mailing that designated the registrant as inactive, votes at an election, registers again, reports a change of name, address, telephone number or political party affiliation, or in some way contacts the commission.

   (2)  A commission shall send inactive records to the polls on election day.

   (3)  A commission shall allow an inactive voter to vote, sign petitions, and have the other privileges of a registered voter.

   (4)  A commission is not required to send mailings in accordance with section 1901 of the act to inactive voters.

§ 183.12.  Retention of records.

   (a)  Maintenance and destruction of forms used by government agencies to provide voting information.

   (1)  The declination form shall be preserved in the agency for 22 months from the date the agency receives it.

   (2)  The agency shall forward the completed voter registration application form to the appropriate commission in accordance with sections 1323(c) and 1325(f) of the act (relating to application with driver's license application; and government agencies), as appropriate. The applicant may request that the agency submit the completed voter registration application form on the applicant's behalf.

   (b)  Maintenance and destruction of the district register.

   (1)  A commission shall preserve the district registers for each election used prior to the commission's connection to the SURE system 5 years after the commission is connected to the SURE system, after which time, the commission shall destroy the district register.

   (2)  After a commission is connected to the SURE system, the commission shall use the district registers generated by the SURE system as the district registers are updated on the SURE system.

   (c)  Maintenance of voter registration cards.

   (1)  After a commission is connected to the SURE system, it shall transfer data from any new voter registration cards it receives to the SURE system within 14 days in accordance with § 183.7 (relating to uniform procedures for the commission relating to the manner and time frame for updating information in the SURE system).

   (2)  The commission shall maintain voter registration cards it receives after connection to the SURE system for 90 days after one general or municipal election.

   (d)  Maintenance and destruction of other records:

   (1)  A commission shall maintain the records that a commission attached to a registrant's record in accordance with § 183.4(c)(1) (relating to uniform procedures for the commissions relating to entering data into the SURE system) for 90 days after the registrant votes in any primary or election.

   (2)  A commission shall maintain for 2 years the following records, after which time, the commission shall destroy the records:

   (i)  One original of a list maintenance mailing made in accordance with section 1901 of the act (relating to removal of electors). This list shall include one example of the items in the mailing and a list of the recipients of the mailing. The commission shall make this list available for public inspection and copying in accordance with § 183.14 (relating to public information lists).

   (ii)  All returned mailings from registrants under section 1901 of the act, time-stamped and arranged by district and alphabetically by last name. The commission shall note the status of the response in the registrant's record on the SURE system within 10 days of its receipt. The commission shall make this list available for public inspection and copying in accordance with the provisions of § 183.14 (relating to public information lists). However, the signature of a registrant may not be photocopied.

   (iii)  All miscellaneous records concerning activities conducted for the purpose of determining the accuracy of official lists of registered voters.

   (iv)  Records relative to mailings and responses to mailings conducted in accordance with section 1501 of the act (relating to removal notices).

   (v)  The Deceased Voters List containing the name, address, date of birth and date of death of registrants in accordance with section 1505 of the act (relating to death of registrant).

   (vi)  Lists of the names of registrants who were mailed notices prior to cancellation of their voter registration, in accordance with section 1405(b)(2) of the act (relating to retention of records).

   (vii)  Records in accordance with section 1405(b)(1) of the act.

   (3)  A commission shall maintain the following records for 5 years, after which time, the commission shall destroy the records:

   (i)  All records of registrants whose voter registration has been cancelled. In accordance with section 1904(a) of the act (relating to files), a commission shall remove registration records pertaining to a registrant whose registration is cancelled. The commission shall mark on the registration records of a cancelled registrant the word ''cancelled'' and the date and cause of cancellation. Removed records shall be retained separate from registrants for 5 years, after which time, the commission shall no longer maintain removed records of cancelled registrants.

   (ii)  Affidavits, affirmations, declarations and other records relative to cancelled registrants.

   (iii)  Records referenced in subsection (c)(2) and paragraph (1).

   (iv)  PENNDOT Change of Address Reports, Transaction Control Sheets and the other miscellaneous records relative to activities conducted for the purpose of determining the accuracy of the official list of registrants.

   (v)  Except as provided in paragraph (2)(ii), records relative to mailings conducted in accordance with section 1901 of the act (relating to removal of electors).

   (vi)  Affirmations and other records relative to section 1902 of the act (relating to procedure for voting following failure to return notification card).

   (vii)  Voter Registration Activity Reports forwarded from the county voter registration offices to the Department in accordance with section 1406 of the act (relating to reports).

   (viii)  Other nonessential miscellaneous voter registration records as determined by the commission.

   (ix)  Voter registration totals.

   (4)  A commission shall retain its paper voter registration records relative to the conversion to the SURE system until January 1, 2005, or until the Secretary has certified that the commission is converted to the SURE system, whichever comes first. After this date or the certification, the commission shall destroy its paper records within 90 days.

   (5)  A commission shall retain permanently minutes of meetings of the commission for administrative, legal and historical purposes.

§ 183.13.  Street lists.

   (a)  Not later than 15 days before an election, a commission shall prepare and add information from the SURE system for an election district a list of the names and addresses of its registrants as of that date who reside in the district. The list will reflect voter activity reported to the commission within 30 days preceding an election. The commission shall prepare updates to the list on at least a biweekly basis. The list shall be arranged in the following manner as requested:

   (1)  By streets and house numbers.

   (2)  Alphabetically by last name of the registrant.

   (3)  In a manner whereby the location of the registrant's residence can be identified.

   (b)  A commission shall retain two copies of the street list, enter the data on the SURE system and send a copy of the list to the Department, in accordance with section 1403(b) of the act (relating to street lists).

   (c)  Street lists will be available for public inspection and copying at the Department and the commissions during business hours, subject to reasonable safeguards, including but not limited to:

   (1)  A commission and the Department will maintain a form prescribed by the Department that includes the name, address of record and telephone number of an individual who inspects or obtains a copy of the list, as well as verification that a commission or Department official confirmed the identification of the individual requesting access to the street list or its duplication. This form will not be available for public inspection or copying.

   (2)  Before inspecting the street list or obtaining names of registrants or other information from the list, an individual shall provide identification to the public official having custody of the street list and shall state in writing on a form prescribed by the Department that any information obtained from the list will not be used for purposes unrelated to elections, political activities or law enforcement, as required by section 1404(b)(3) and (c)(2) of the act (relating to public information lists).

   (3)  No individual inspecting the street list may tamper with, alter, destroy or remove it from the premises of the commission or the Department.

   (4)  A commission and the Department will require that a commissioner, or an authorized commission or Department employee is able to observe the record or document at all times while it is being inspected and safeguard it against alteration, destruction or removal.

   (5)  The following items may not be made available for public inspection or copying:

   (i)  The signature of a registrant in an electronic format, as provided in section 1403(a) of the act.

   (ii)  The identity of a voter registration agency through which a qualified registrant is registered, as provided by 42 U.S.C.A. § 1983gg(8)(a)(6) and (8)(i)(1), known as the National Voter Registration Act.

   (iii)  The registrant's unique identifier, driver's license number and the last four digits of a registrant's Social Security number.

   (6)  During SURE system conversion periods or emergency conditions, access to the list may be postponed temporarily.

   (d)  The Department and a commission will distribute the street list upon request free of charge to the following entities:

   (1)  Officials concerned with the conduct of elections.

   (2)  Political parties and political bodies.

   (3)  Candidates.

   (e)  As provided at section 1403(d) of the act, the Department or a commission may distribute the street list to organized bodies of citizens for a reasonable fee, determined by the office providing the copies, which shall include the cost of reproduction and postage, when the list will be mailed to an organized body of citizens.

   (f)  The Department and a commission will supply, as provided in subsections (d) and (e), the street list in a paper copy or in an electronic format.

   (g)  The street list may not be published on the Internet.

§ 183.14.  Public information lists.

   (a)  Subject to the exceptions in subsection (c), a commission or the Department will provide replies to inquiries concerning individual registrants that are submitted on a form prescribed by the Department. The list will reflect voter activity reported to the commission and the Department within 30 days preceding an election. The commission and the Department will prepare updates to the list on at least a biweekly basis. With respect to the inquiry, the commission or the Department will provide the following information:

   (1)  The name of the registrant.

   (2)  The address of the registrant.

   (3)  The date of birth of the registrant.

   (4)  The voting history of the registrant.

   (b)  A commission and the Department will make copies of the public information lists available for public inspection during business hours, subject to reasonable safeguards, including:

   (1)  A commission and the Department will maintain a form prescribed by the Department that includes the name, address and telephone number of an individual who inspects or obtains a copy of the public information list, as well as verification that a commission or Department official confirmed the identification of the individual requesting access to the street list or its duplication. This form will not be available for public inspection or copying.

   (2)  No individual inspecting the public information list may tamper with, alter, destroy or remove it from the premises of a commission or the Department.

   (3)  A commission and the Department will require that a commissioner or an authorized commission or Department employee is able to observe the record or document at all times while it is being inspected and safeguard it against alteration, destruction or removal.

   (4)  No individual who inspects the public information list, obtains a copy of the public information list or who acquires names of registrants from the list may use the information contained in the list for purposes unrelated to elections, political activities or law enforcement, as required by section 1404(b)(3) and (c)(2) of the act (relating to public information lists).

   (5)  Before inspecting the public information list or obtaining names of registered electors or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing on a form prescribed by the Department that any information obtained from the list will not be used for purposes unrelated to elections, political activities or law enforcement, as required by section 1404(b)(3) and (c)(2) of the act.

   (c)  The following items may not be made available for public inspection or photocopying:

   (1)  The signature of a registrant or applicant, as provided at section 1403(a) of the act.

   (2)  The identity of a voter registration agency through which a registrant is registered, as provided by 42 U.S.C.A. § 1983gg(8)(a)(6) and (i)(1), known as the National Voter Registration Act.

   (3)  The registrant's unique identifier, a registrant's or applicant's driver's license number and the last four digits of a registrant's or applicant's Social Security number.

   (4)  The home addresses of the following categories of applicants or registrants submitting proof of their employment, who may provide an alternate mailing address, such as an office address, under section 1327(a)(1)(iii) of the act (relating to preparation and distribution of applications), which the commission shall then make available to the public on public information lists. A commission shall adopt procedures designed to ensure that the confidentiality of these home addresses is maintained. A commission shall inform the Department of the home address designated as confidential under this section. A request may be submitted at any time and shall be subject to renewal in accordance with subsection (f).

   (i)  ''Peace officers,'' as defined in 18 Pa.C.S. § 501 (relating to definitions), including ''parole officers,'' as defined in the act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. § 331.27) and ''Federal law enforcement officers,'' as defined in 18 U.S.C.A. § 115(c)(1);

   (ii)  ''Correctional employees,'' as defined in section 2 of the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act (24 P. S. § 7202), and correction officers, as defined in 71 Pa.C.S. § 5102 (relating to definitions).

   (iii)  ''Judicial officials,'' as defined in 18 Pa.C.S. § 4953.1(c) (relating to retaliation against prosecutor or judicial official) and United States judges, as defined in 18 U.S.C.A. § 115(c)(3).

   (iv)  All state prosecutors, as defined at 18 Pa.C.S. § 4953.1(c), and investigators employed by prosecutors, including prosecutors and investigators employed by the Attorney General.

   (5)  The home addresses of the following categories of applicants, qualified electors or registrants, who may apply in writing on a form approved by the Department to the commission to be permitted to provide an alternate mailing address, such as an office address, under section 1327(a)(1)(iii) of the act, which the commission shall then make available to the public on public information lists. The commission, in determining whether to grant the request for confidentiality of the home address, shall consider the explanation provided, review the documentation submitted and verify, to the extent possible, the veracity of the explanation and documentation. Once a commission decides to make the home address of a registrant confidential, the commission shall promptly inform the registrant and the Department of the home address designated as confidential under this section. A commission shall adopt procedures for ensuring that the confidentiality of the home addresses of these registrants is maintained. A request may be submitted at any time and shall be subject to renewal in accordance with subsection (f).

   (i)  Individuals who have received Protection from Abuse orders for their own personal safety, in accordance with 23 Pa.C.S. §§ 6102 and 6108 (relating to definitions; and relief).

   (ii)  Individuals who have been granted a protection order due to being stalked, or who have been a victim of the crime of stalking when the defendant has been convicted of stalking, as defined in 18 Pa.C.S. § 2709(b) (relating to harassment and stalking).

   (iii)  Other individuals who can demonstrate that their personal safety is endangered by revealing their home address.

   (6)  The Deceased Voters List, which is received by the commission from the Department of Health in accordance with section 1505 of the act (relating to death of registrant).

   (d)  For those registrants choosing to provide an alternate mailing address under subsection (c)(4) and (5) and for those registrants granted permission by the commission to provide an alternate mailing address, a commission shall inform the registrants that they shall notify the commission within 30 days of any change in their status and the consequences for their failure to do so. If a registrant does not inform the commission within 30 days of a change in the registrant's status, the commission may publish the registrant's home address on a public information list without following the requirements in subsection (f). The commission shall review at least biannually the home addresses designated as confidential under this section and report to the registrant and the Department any changes that it makes to these records. The commission and its employees shall be immune from prosecution if they negligently release the confidentiality of a home address for those registrants listed in subsection (c)(4) and (5).

   (e)  The commission shall grant access to a registrant's home address that is considered confidential under subsection (c)(4) or (5), if the information is requested by a law enforcement agency or Federal or State court.

   (f)  If a commission decides to rescind the confidentiality of a home address for a registrant based upon information received from the registrant provided under subsection (d), the commission shall notify the registrant and provide the registrant the opportunity to do one of the following:

   (1)  Address the commission in writing or in person.

   (2)  Rescind the registrant's voter registration.

   (g)  When a commission rejects an application under subsection (f), the registrant may appeal the decision to the court of common pleas in the county in which the registrant resides.

   (h)  During SURE system conversion periods or emergency conditions, access to the list may be postponed temporarily.

   (i)  Within 10 days of receiving a written request accompanied by the payment of the cost of reproduction and postage, the Department or a commission will distribute the public information list to any registrant in this Commonwealth for a reasonable fee, determined by the office providing the copies, as provided by section 1404(c)(1) of the act (relating to public information lists).

   (j)  The Department and a commission will supply the public information list in a paper copy or in an electronic format.

   (k)  The list may not be published on the Internet.

§ 183.15.  Government agency voter registration procedures.

   (a)  Those agencies designated in section 1325(a) of the act (relating to government agencies) shall comply with the following requirements.

   (1)  A voter registration agency shall post in a conspicuous place in its offices a sign that indicates that an individual may register to vote in that office.

   (2)  An agency shall provide VRMA forms to individuals with an application, reapplication and application for recertification, renewal or change of address in the agency office or during home visits. The agency shall assist in completing the VRMA unless assistance is refused, and collect and forward the completed VRMAs to the appropriate commission. VRMAs need not be provided if the individual declines to apply to register to vote. The applicant may submit the VRMA to his commission of residence or request that the agency submit the voter registration application to the applicant's commission of residence.

   (3)  At an agency, a registrant may change the registrant's name, address or political party affiliation on the VRMA.

   (4)  The information required by the VRMA to register to vote shall be printed legibly in ink.

   (5)  A voter registration agency may not accept a VRMA that includes any erasure of, or line drawn through, information provided by the applicant relating to the applicant's political party affiliation.

   (6)  A voter registration agency shall include with a VRMA or group of VRMAs that are transmitted to the county clerk or registrar of voters a transmittal form as prescribed and provided by the Department.

   (7)  Agency employees assisting with voter registration applications may not influence the applicant's political preference, display partisan allegiance, discourage registration, alter benefits or imply that benefits will be altered based on registration.

   (8)  The identity of the agency where an applicant applies for voter registration may not be disclosed to the public.

   (9)  The designated agency shall transmit a completed VRMA to the appropriate commission within 10 days after it is received unless it was received within 5 days before the registration deadline, in which case it shall be transmitted not later than 5 days of its receipt.

   (10)  Any individual may obtain and complete a VRMA at a public assistance agency but the agency shall only include in specific totals reported to the Department those individuals who are making application, reapplication and application for recertification, renewal or change of address in the agency office or during home visits.

   (b)  Those agencies designated in section 1325(a) of the act shall assist interested individuals in making application to register to vote by complying with the following requirements.

   (1)  When an individual does any of the following--make an application, reapplication, application for recertification, renewal or change of address--the agency representative shall ask the individual: ''If you are not registered to vote where you live now, would you like to apply to register to vote here today?''

   (2)  The agency representative shall inform the individual that applying to register or declining to register to vote will not affect the availability or degree of assistance that will be provided by the agency.

   (3)  The agency representative shall give the individual a Declination Form, ask the individual to read it carefully, and assist the individual in completing the Declination Form if requested (the Declination Form contains important information for the individual and records the individual's decision about whether the individual wants to apply to register to vote at that time).

   (i)  If the individual does not want to register to vote, the agency representative shall ask the individual to mark the ''No'' box and have the individual sign and date the Declination Form. If the individual is already registered to vote, the agency representative shall have the individual also mark the box ''No, I am already registered to vote where I live now.'' If the individual refuses to mark any boxes or otherwise complete the form, the agency may consider the refusal to be a decision not to apply to register to vote at this time and shall note this on the Declination Form, along with the individual's name and address.

   (ii)  If the individual wants to register to vote, the agency representative shall ask the individual to mark the ''Yes'' box and to sign and date the Declination Form. The agency representative shall then give the individual a VRMA.

   (4)  The agency representative shall assist the individual in completing the VRMA, unless the individual refuses the assistance. The agency representative shall offer the individual the same degree of assistance in completing the VRMA and Declination Form as is provided by the agency with regard to the completion of its own forms, unless the individual refuses assistance. The agency representative shall inform the individual that he may complete the VRMA in the agency's office or take it home to complete. The applicant may submit the VRMA to the applicant's commission of residence or request that the agency submit the VRMA to the applicant's commission of residence. If the applicant decides to complete the VRMA at the applicant's home, the applicant may mail the VRMA directly to the appropriate commission office at the applicant's own expense or return it to the agency at a later date.

   (5)  The agency shall mark the VRMA forms with the code assigned to its agency. The agency site coordinator will instruct agency representatives what the agency's code is. The various codes are preprinted in the top left-hand corner of the return address portion of the VRMA form. The agency representative shall circle or place a mark on the agency's code before giving the form to the individual, regardless of whether the individual completes it in the agency office or takes it home to complete.

   (6)  If the agency representative determines that an application the representative receives from an applicant is illegible, the representative shall cause a computer-generated copy of the information contained in the records to be attached to the application.

   (7)  The agency shall send the completed application form to the appropriate commission office according to where the applicant resides.

   (8)  Declination forms shall be destroyed after 22 months from the date of their creation.

   (9)  A voter registration agency shall, in cooperation with the county clerk or registrar of voters, conduct training programs once every 6 months to familiarize the employees of the agency with the required procedures for registering applicants through the agency.

   (10)  A voter registration agency shall maintain a record of the transmittal of an application to the county clerk or registrar of voters in accordance with the agency's schedule for the retention and disposal of records.

   (c)  In accordance with section 1323 of the act (relating to application with driver's license application), applications for a motor vehicle driver's license or renewal will, if the applicant so desires, serve as an application for voter registration or an update to a previous application. The application used includes the information contained on an official voter registration application including the voter eligibility requirements, an attestation by the applicant with a signature under penalty of perjury that the applicant meets the eligibility requirements, and the penalty for submitting a false voter registration application.

   (d)  A State agency shall comply with the standards for confidentiality of voter registration records as set forth in the act and in this chapter.

§ 183.16.  Commission and government agency voter registration requirements.

   (a)  A commission and a government agency office, including those offices in section 1325(a) of the act (relating to government agencies), shall comply with the following requirements regarding the VRMA forms:

   (1)  Have Statewide VRMAs available during normal office hours.

   (2)  Mail a Statewide VRMA promptly in response to an applicant's request.

   (3)  Have these forms available at the locations where commission personnel are conducting in-person registration.

   (4)  Maintain on hand an adequate number of current Statewide VRMAs.

   (5)  After new Statewide VRMAs are printed and the previous forms are depleted, replace the previous forms with the new forms.

   (b)  A commission and a government agency office shall notify the Department of any change of address of the county voter registration commission or agency office.

§ 183.17.  Reports to the Department.

   (a)  A commission shall provide information required under this section by March 1 of each year to the Department on a form prescribed by the Department.

   (b)  The report shall consist of the following:

   (1)  The total number of registrants.

   (2)  The total number of voter registration applications submitted to the commission from the following categories: in person, PENNDOT, mail, agencies and other means.

   (3)  The total number of duplicate voter registration applications submitted to the commission from the following categories: in person, PENNDOT, mail, agencies and other means.

   (4)  The total number of valid voter registration applications submitted to the commission from the following categories: in person, PENNDOT, mail, agencies and other means.

   (5)  The number of PENNDOT changes of address to an address within the county, to an address outside the county and the total number of both.

   (6)  The total number of registrants who were marked inactive during the reporting period.

   (7)  The total number of registrants whose registration records are marked inactive.

   (8)  The total number of notices sent by the commission in accordance with section 1901(d)(2) of the act (relating to removal of electors) and the number of responses from registrants.

   (9)  The total number of registrants whose registration records were cancelled under Chapter 19 of the act (relating to provisions contingent on federal law) excluding those marked inactive.

   (10)  The total number of registrants whose registration records were cancelled in accordance with the May 1998 Settlement of Statutory Claims.

   (11)  The total number of notices sent by the commission in accordance with section 1901 of the act.

   (12)  The total number of voter registration records transferred to other commissions.

   (13)  Additional information, as determined by the Secretary, that would assist the Department in assessing the administration of voter registration and elections in the Commonwealth.

§ 183.18.  Enforcement authority of the Department.

   (a)  The Department will review the compliance of the 67 commissions and those responsible for providing voter registration opportunities under the act. If an audit is conducted during a calendar year, the Department will make a public report on the audit which will be included in the annual report to the General Assembly on compliance with the act. The Department will require responses and clarification from a commission, or any entity required to provide voter registration under the act, for the Secretary to determine if the commission or any entity is in compliance with any part of the act. The Department will have complete access to the registration records for monitoring and enforcing compliance with the act or this chapter. A commission shall supply the Department with the relevant documents concerning an inquiry within 10 days of receipt of the Department's inquiry. If a commission fails to respond or provides an incomplete response, the Secretary may take the actions specified in Chapter 18 of the act (relating to enforcement). If the Secretary determines that a commission is not in compliance, the Secretary may take the actions specified in Chapter 18 of the act. The investigations and materials provided, except those required to remain confidential according to the act and this chapter, shall be available during and after the inquiry, for public inspection and shall be maintained for 2 years. The Department will require the commission to be in full compliance no later than 30 days preceding an election.

   (b)  The Department will investigate the complaints filed with the Department regarding a commission's compliance with the act or this chapter, and the Secretary may take the actions specified in Chapter 18 of the act.

   (c)  If a commission does not comply with the act or this chapter, the Secretary may take the actions specified in Chapter 18 of the act.

[Pa.B. Doc. No. 02-2309. Filed for public inspection December 27, 2002, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.