Bill Summary – FastDemocracy

PRINTER'S NO.   171
                    THE GENERAL ASSEMBLY OF PENNSYLVANIA
                       SENATE BILL
                       No. 198
                                                 Session of
                                                   2021
     INTRODUCED BY BOSCOLA, COSTA, CAPPELLETTI, BLAKE, FONTANA,
        HAYWOOD, KANE, KEARNEY, SANTARSIERO, STREET AND TARTAGLIONE,
        FEBRUARY 10, 2021
     REFERRED TO STATE GOVERNMENT, FEBRUARY 10, 2021
                                   AN ACT
 Providing for election day registration; and prescribing
    penalties.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
                          TABLE OF CONTENTS
 Chapter 1.   Preliminary Provisions
 Section 101.   Short title.
 Section 102.   Definitions.
 Chapter 3.   Election Day Registration
 Section 301.   Election day registration.
 Section 302.   Procedure.
 Section 303.   Maps.
 Section 304.   Record of attempted registrations.
 Section 305.   Verification by mail.
 Chapter 5.   Enforcement and Penalties
 Section 501.   Prohibited acts.
 Section 502.   Enforcement.
 Chapter 11.    Miscellaneous Provisions
 Section 1101.   Construction of act.
 Section 1102.   Rules and regulations.
 Section 1103.   Repeals.
 Section 1104.   Applicability.
 Section 1105.   Effective date.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
                                CHAPTER 1
                        PRELIMINARY PROVISIONS
 Section 101.    Short title.
    This act shall be known and may be cited as the Election Day
 Registration Act.
 Section 102.    Definitions.
    The following words and phrases when used in this act shall
 have the meanings given to them in this section unless the
 context clearly indicates otherwise:
    "Board" or "county board."     The county board of elections.
    "Department."    The Department of State of the Commonwealth.
                                CHAPTER 3
                      ELECTION DAY REGISTRATION
 Section 301.    Election day registration.
    (a)   General rule.--A person otherwise eligible to vote may
 register to vote on the day of any primary, municipal or general
 election by appearing in person at the polling place for the
 election district in which the individual maintains residence,
 completing a registration card, making an oath in the form
 prescribed by the department and providing proof of residence.
    (b)   Proof of residence.--An individual may prove residence
 by any of the following methods:
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          (1)   By displaying a valid driver's license.
          (2)   By showing any document approved by the department.
          (3)   By the written statement of an elector registered to
    vote in that election district, sworn to in the presence of a
    judge of elections, stating to the effect that the elector
    personally knows that the individual is a resident of the
    election district. An individual whose residence has been
    sworn to under this paragraph on election day may not sign a
    proof of residence oath for any other individual on that
    election day.
 Section 302.    Procedure.
    (a)   Judges of elections.--Voter registration under this act
 shall be conducted by judges of elections. A judge who registers
 an individual voter shall not process that voter's ballot at any
 time prior to opening of the ballot box after the voting ends.
    (b)   Registration cards.--Registration cards and forms for
 oaths shall be available at each polling place. If an individual
 who registers on election day proves residence under section
 301(b)(3), the form containing that statement shall be attached
 to the individual's registration card. Registration cards
 completed on election day shall be forwarded to the appropriate
 county board, which shall add the name of each voter to the
 registration rolls unless the information forwarded is
 substantially deficient. Each judge of elections registering a
 person on election day shall initial the voter registration card
 of that person.
    (c)   Deficient registration.--A county board that finds an
 election day registration substantially deficient shall mail
 written notice of the same to the individual. An election day
 registration shall not be found deficient solely because the
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 individual who provided proof of residence was ineligible to do
 so.
 Section 303.     Maps.
       The county board shall provide each polling place with a
 detailed map showing election districts in order to assist
 judges of elections in determining whether an address is located
 in that district.
 Section 304.     Record of attempted registrations.
       The judge of elections responsible for election day
 registration at each polling place shall keep a record of the
 number of individuals who attempt to register on election day
 but who cannot provide proof of residence as required by this
 act. This record shall be forwarded to the county board with the
 election returns for that election district.
 Section 305.     Verification by mail.
       Within 10 days of an election, each county board shall send a
 notice to a random sampling of no less than 25% of individuals
 registered on election day. The random sampling shall be
 determined in accordance with the rules of the department. As
 soon as practicable after the election, the board shall mail
 registration verification notices to all individuals registered
 on election day. If a notice is returned as not deliverable, the
 board shall attempt to determine the reason for the return. A
 county board which does not receive or obtain satisfactory proof
 of an individual's eligibility to vote shall immediately notify
 the district attorney and the department.
                                  CHAPTER 5
                          ENFORCEMENT AND PENALTIES
 Section 501.     Prohibited acts.
       (a)   Offenses enumerated.--It shall be unlawful:
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          (1)   To cause an individual's name to be registered in
    any election district if that individual is not eligible to
    vote.
          (2)   To cause an individual's name to be registered for
    the purpose of voting in more than one election district or
    in any election district in which the individual does not
    maintain residence.
          (3)   To misrepresent an individual's identity when
    attempting to register to vote.
          (4)   To aid, abet, counsel or procure any other
    individual to violate this act.
          (5)   For a judge of elections to allow an unregistered
    voter to vote in any election.
    (b)   Grading.--A violation of this section constitutes a
 misdemeanor of the second degree.
 Section 502.    Enforcement.
    Prosecution for violations of this act shall be brought by
 the district attorney, upon information supplied by the
 department, a county election officer or any person.
                                CHAPTER 11
                        MISCELLANEOUS PROVISIONS
 Section 1101.    Construction of act.
    This act shall be construed as providing a procedure for
 registration in addition to those methods as are provided by
 law.
 Section 1102.    Rules and regulations.
    The department shall, in the manner provided by law,
 promulgate the rules and regulations necessary to carry out this
 act.
 Section 1103.    Repeals.
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    All acts and parts of acts are repealed insofar as they are
 inconsistent with this act.
 Section 1104.   Applicability.
    This act shall apply to the municipal or general election
 occurring in the year next following the year of final enactment
 of this act and to each primary, municipal and general election
 thereafter.
 Section 1105.   Effective date.
    This act shall take effect immediately.
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