25 Pa.C.S. Ch. 12

in effect

25 Pa.C.S. § 1201 Departmental responsibilities.

The department shall do all of the following: (1) Provide for applicants to submit their voter registration application to a commission, the Department of Transportation and other agencies designated in section 1325 (relating to government agencies). (2) Prescribe a procedure for the return of completed voter registration applications from the Department of Transportation, the Department of Public Welfare, armed forces recruitment centers, Offices of the Clerk of Orphan's Court and all other offices under this part to the secretary or the appropriate commission. (3) Develop, establish, implement and administer a Statewide Uniform Registry of Electors in accordance with Subchapter B (relating to Statewide Uniform Registry of Electors (SURE)). (4) Promulgate regulations necessary to administer this part. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

25 Pa.C.S. § 1203 Commissions.

(a) Establishment.--A commission is established in each county. The commission has jurisdiction over the registration of applicants, qualified electors and registered electors of the county under this part. (b) Membership.-- (1) Except as provided in paragraphs (2) and (3), the county commissioners of each county shall act as a registration commission for the county. (2) In a city of the first class, the commission shall consist of the three elected commissioners of the city. Each commissioner shall be elected for a term of four years in the year that the mayor is elected. (3) In counties which have adopted home rule charters or optional plans, the commission shall consist of the members of the county body which performs legislative functions unless the county charter or optional plan provides for the appointment of the commission. In either case, there must be minority representation on the commission. The county body which performs legislative functions shall, if the commission does not contain minority representation, appoint such representation from a list submitted by the county chair of the minority party. (c) Compensation.--Commissioners shall receive no compensation in addition to their compensation as county or city commissioners. (d) Majority vote required.--Actions of a commission must be decided by a majority vote of all members except as otherwise provided in this part. (e) Records.--A commission shall keep a permanent record of its proceedings. (f) Regulations.--A commission may make regulations, not inconsistent with this part, to do all of the following: (1) Govern the public sessions of the commission. (2) Perform the duties imposed by this part. (3) Carry into effect the provisions of this part and permit the efficient administration of this part, including the designation of duties to be performed and functions to be exercised under this part at its respective offices. (g) Enforcement.--A commission may enforce regulations, orders and subpoenas as provided in section 1601 (relating to subpoenas and witness fees) and, if necessary, shall have the assistance of the appropriate court of common pleas and of all public officers subservient to the court in enforcing the regulations, orders and subpoenas. (h) Errors.--A commission shall correct an error or irregularity in registration and cancel the registration of an individual whom it finds to be improperly registered, subject only to this part. Written notice shall be mailed or delivered to each individual whose registration is canceled. Whenever a registered elector's name is changed for any reason, the registered elector's SURE registration number shall remain the same, and the file shall reflect the former name change to the new name. (i) Investigation.--A commission or a commissioner has the power to do any of the following: (1) Summon and interrogate any person concerning the registration of electors or any matter related thereto. (2) Investigate irregularities in registration. (3) Summon and examine witnesses. (4) Require the production of relevant documents. (j) Oaths and affirmations.--Each commissioner has the power to administer oaths and affirmations. Each individual testifying before a commission or commissioner must be sworn or affirmed. (k) Correction of errors.-- (1) A commission shall correct its registration records without requiring action of a registered elector in any of the following cases: (i) If the mailing address of the registered elector has been changed by the renaming of a street, the renumbering of a house or the changing of a post office. (ii) If the election district of the registered elector has been changed through a change in the boundaries of an election district. (2) Notice of action under paragraph (1) shall be mailed promptly to the affected registered elector. (l) Update.--A commission shall promptly update information contained in its registration records. Cross References. Section 1203 is referred to in section 1102 of this title.

25 Pa.C.S. § 1204 Commission staff.

(a) Counties of the first class.-- (1) A commissioner may act as registrar or inspector of registration. (2) The commission has the power to assign assistants, employees or clerks to act as registrars or inspectors of registration. Individuals assigned under this paragraph shall not receive additional compensation for service as registrars or inspectors. (3) Appointments shall be as follows: (i) The commission shall annually appoint at least two registrars for each registration place. Not more than one-half of the number of registrars appointed annually for each registration place may be members of the same political party. (ii) Registrars appointed must be qualified electors of the election district or ward for which they have been appointed, must be of good moral character, must not have been convicted of a crime and must be familiar with the qualifications of electors and the duties of the registrars. No individual who holds or is a candidate for public office or party office may be appointed to or hold any office or employment under any commission except as otherwise provided by this part. (iii) Appointments shall be as follows: (A) The commission shall provide 15 days' notice for submission of candidates. (B) The city chairs of the party having polled the highest and the second highest vote in this Commonwealth at the last preceding gubernatorial election may file with the commission a written list of names of members of the party whom the chair recommends for appointment as registrars. Lists must contain the name, address, qualifications and occupation of each individual recommended and shall be open to public inspection in the office of the commission. (C) The commission shall appoint individuals from the list as registrars representing the parties. If more candidates are recommended by a chair than the party is entitled to have appointed, the commission shall appoint those candidates from the list whom the commission finds to be qualified under this section. If there are not sufficient candidates qualified to serve recommended by a chair, the commission may appoint other individuals whom the commission believes qualified. (D) If a vacancy occurs in the office of registrar, the commission shall fill the vacancy by appointing an elector of the district or ward, as the case may be, who is qualified under subparagraph (ii) and who is a registered and enrolled member of the same political party as the registrar whose office was vacated. The vacancy appointment shall be made in the same manner as the initial appointment. (iv) Registrars appointed have the power to register the qualified electors of the election district or ward and, in so doing, to administer oaths and affirmations. Registrars appointed shall perform all other duties imposed on registrars by this part and by the commission. (v) Nothing in this subsection shall prevent a registrar from serving as a registrar in a ward or division of the city or prevent the commission from assigning a registrar to register voters in a ward or division of the city. (vi) Except as provided in paragraph (1), each registrar shall receive compensation set by the commission for each day during which the registrar is engaged in the active performance of duties as registrar. (vii) The commission shall designate the duties to be performed by appointed registrars. (4) Any insertion or removal of names or other information in registers or an amendment of registration records done by any employee, registrar or inspector by order of the commission shall be construed to be an action of the commission. It is the duty of the commission to correct any error in such action. (5) Before exercising a power of office, a registrar or inspector of registration assigned under paragraph (2) or appointed under paragraph (3) must comply with all of the following: (i) Take an oath or affirmation of office as prescribed by the commission. (ii) Receive from the commission a certificate of appointment setting forth name and address, date of appointment and the length of appointment. (6) The commission may annually designate registration places in the wards. (7) The commission may appoint employees necessary to perform the functions of the office and to register the voters of the city. Employees shall be paid compensation as set by the commission. (8) Removal shall be as follows: (i) The commission has the power to remove any employee, inspector, registrar or other officer appointed or employed by it. No registrar appointed under paragraph (3) may be removed except for cause. (ii) A qualified elector of the city may appear before the commission and show that a registrar assigned under paragraph (2) or appointed under paragraph (3) does not possess the qualifications requisite for the performance of duties of office or has violated this part. If, after public hearing, the commission finds the charges brought to be true, the commission shall remove the registrar. (9) An inspector of registration has the authority to investigate all matters regarding voter registration and to make recommendations to the commission. (10) The commission may employ counsel. Counsel shall advise the commission regarding its powers and duties, the rights of individuals and the best methods of legal procedure for carrying out this part and shall appear for and represent the commission on all appeals under sections 1602 (relating to court of common pleas) and 1603 (relating to commission duties). The amount of compensation for counsel shall be set by the city commissioners. (11) Employees and clerks of the commission shall be privileged from arrest while acting as registrars. Commissioners and inspectors of registration shall be privileged from arrest while performing their duties except upon warrant of a court of record for a felony, for wanton breach of the peace or for a criminal violation of this part. (b) Counties of the second through eighth classes.-- (1) The registration commission shall appoint a chief clerk who may be the chief clerk of the county commissioners. The chief clerk has authority to administer oaths and to sign vouchers. (2) Registrars and inspectors of registration must be qualified electors of the county. Registrars and inspectors of registration shall receive compensation, either on a per diem basis for time actually employed or on the basis of work actually done, as fixed by the salary board of the county. No registrar or inspector of registration may exercise any power of office until taking an oath or affirmation of office prescribed by the commission and receiving from the commission a certificate of appointment setting forth name and address, date of appointment and length of appointment. (3) Other staff shall be as follows: (i) A commission may appoint assistants and employees as necessary to carry out this part and may remove them. The number and compensation of assistants and employees shall be fixed by the salary board of the county. A commission may appoint employees of the county to act for the commission without additional compensation. (ii) The employees to be appointed by a commission include: (A) Registrars or clerks who are empowered to register the qualified electors of the county and, in so doing, to administer oaths and affirmations. (B) Inspectors of registration who have authority to investigate all matters regarding voter registration and to make recommendations to the commission. (4) The county solicitor shall be counsel for the commission and shall receive no compensation in addition to compensation as county solicitor. Counsel shall advise the commission regarding its powers and duties and the rights of individuals and concerning the best methods of legal procedure for carrying out this part and shall appear for and represent the commission on appeals taken from its decisions or orders. (5) Any insertion or removal of names or other information in registers and the amendment of registration records done by any employee of a commission or by order of a commission shall be construed to have been done by the commission. The commission shall be responsible for the correction of errors. (6) No individual who holds or is a candidate for public or party office may be appointed to or hold any office or employment under any commission except as otherwise provided by this part. (7) Commissioners, registrars and inspectors of registration shall be privileged from arrest while performing their duties except upon warrant of a court of record for a felony, for wanton breach of the peace or for a criminal violation of this part. (8) A commissioner or the chief clerk may act as registrar or inspector of registration. When acting under this subsection, the commissioner or chief clerk has the powers and duties conferred by law upon registrars and inspectors of registration.

25 Pa.C.S. § 1205 Police assistance.

A commission may call on police officers of the appropriate municipality to maintain the peace at a place of registration.

25 Pa.C.S. § 1206 Unexpended balance; source of funds.

(a) Unexpended balance.--Unexpended balances of appropriations made by the county commissioners prior to the effective date of this part for the purpose of carrying out the former act of March 30, 1937 (P.L.115, No.40), known as The First Class City Permanent Registration Act, and the former act of April 29, 1937 (P.L.487, No.115), known as The Permanent Registration Act for Cities of the Second Class, Cities of the Second Class A, Cities of the Third Class, Boroughs, Towns, and Townships, are transferred to and made available for commissions under this part. (b) Source of funds.--A commission may accept and use in the performance of its duties funds received from the Federal Government, the Commonwealth or any other source.

25 Pa.C.S. § 1207 Open records and documents.

(a) Scope.--The following documents under this part are open to public inspection except as otherwise provided in this section: (1) Records of a registration commission and district registers. (2) Street lists. (3) Official voter registration applications. (4) Petitions and appeals. (5) Witness lists. (6) Accounts and contracts. (7) Reports. (b) Use.--Open material under subsection (a) may be inspected during ordinary business hours subject to the efficient operation of a commission. Public inspection shall only be in the presence of a commissioner or authorized commission employee and shall be subject to proper regulation for safekeeping of the material and subject to this part. Upon request, a photocopy of the record or computer-generated data record shall be provided at cost. The material may not be used for commercial or improper purposes.

25 Pa.C.S. § 1222 SURE system.

(a) Establishment.--The department shall develop and establish a Statewide Uniform Registry of Electors to be known as the SURE system. (b) Advisory board.--(Repealed). (c) Requirements.--The SURE system shall be developed as a single, uniform integrated computer system. All commissions shall be connected electronically to the SURE system and shall maintain their registration records in the system. The SURE system shall, at a minimum, do all of the following: (1) Contain a database of all registered electors in this Commonwealth. (2) Ensure the integrity and accuracy of all registration records in the system by prohibiting unauthorized entry, modification or deletion of registration records. (3) Assign a unique SURE registration number to each individual currently registered in this Commonwealth. (4) Permit the commissions to add, modify and delete information in the system as is necessary and appropriate. (5) Permit each commission and the department to have instant access to a commission's registration records maintained on the system. (6) Be the general register for a commission once the commission is connected to the SURE system. (7) Permit each commission and the department to review and search the system and to permit the sending of notices to the appropriate officials regarding death, change of address or other information which could affect the qualifications of an applicant or the registration of a registered elector. (8) Provide for the electronic transfer of completed voter registration applications and changes of address in accordance with this part. (9) Preserve the power of the commissions to make determinations as to the qualifications of applicants. (10) Assign a unique SURE registration number to each qualified elector who becomes registered and record the registered elector in the general register of the appropriate commission. (11) Permit auditing of each registered elector's registration record from the day of its creation until the day it is canceled. (12) Permit the department to implement section 1901(b)(1)(i) (relating to removal of electors). (13) Permit the timely printing and transmission by commissions of district registers and all other information contained in the system as may be necessary for the operation of the polling places on election days. (14) Be designed with an emergency recovery system to ensure that registration records are not lost in the case of an emergency, natural disaster or other such event that could cause the system to malfunction. (15) Identify the election district to which a qualified elector or registered elector should be assigned. (16) Create and produce reports required by this part. (17) Identify duplicate voter registrations on a countywide and Statewide basis. (18) Maintain a record of polling place locations and district election officers. (19) Identify registered electors who have been issued absentee ballots for an election in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. (20) Identify registered electors who vote in an election and the method by which their ballots were cast. (21) Print the wallet-sized identification cards required by section 1328 (relating to approval of registration applications). (d) Records.--Within 30 days of receiving notice from the department, each commission shall provide to the department, in the manner and form established by the department, an electronic copy of its registration records. Beginning 60 days after receiving notice in accordance with this subsection and continuing until the commission is connected to the SURE system, each commission shall provide monthly to the department, in the manner and form established by the department, an electronic copy of its general register. The provision of records in accordance with this subsection shall not be considered a part of the establishment or implementation of the SURE system. (e) Implementation.--The department shall implement the SURE system as soon as possible. The department shall establish by regulation a schedule for each commission to be connected to the SURE system. Commissions shall be connected in an order which maximizes the accuracy, integrity and protection of registration records on a Statewide basis. Upon being connected, each commission shall be required to use the SURE system as its general register. Connection of the commissions shall commence no later than August 31, 2002, and shall be completed Statewide by January 1, 2005. (f) Regulations.--The secretary shall promulgate regulations necessary to establish, implement and administer the SURE system. Regulations shall include all of the following: (1) Uniform procedures for the commissions relating to the SURE system, including the process and manner of entering information into the SURE system, the type and form of information to be entered, the process for identifying and removing duplicate registrations, the manner and time frame for updating information in the system and the manner and form of communications between commissions and between the department and a commission. (2) Periodic training requirements for commissions and their employees. (3) Such other regulations as are necessary to ensure that the SURE system shall comply with all other provisions of this part. (May 16, 2002, P.L.310, No.44, eff. imd.) 2002 Repeal Note. Act 44 repealed subsec. (b). Effective Date. Section 7(1)(ii) of Act 3 of 2002 provided that section 1222 shall take effect immediately. Special Provisions in Appendix. See section 2 of Act 3 of 2002 in the appendix to this title for special provisions relating to establishment and implementation of SURE system. Cross References. Section 1222 is referred to in section 1514 of this title.

25 Pa.C.S. § 1223 SURE system costs.

The cost of establishment, implementation and maintenance of the SURE system technology and its emergency recovery system shall be borne by the Commonwealth.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=25Fetched: 10/16/2026