25 Pa.C.S. Ch. 16

25 Pa.C.S. § 1601 Subpoenas and witness fees.

(a) Authorization.--A commission may issue a subpoena. (b) Form and effect.--A subpoena under subsection (a) shall be in substantially the same form and have the same force and effect as a subpoena issued by a court of common pleas. The commission shall have the benefit of the process of the appropriate court of common pleas if necessary to enforce a subpoena. (c) Benefit.--A subpoena may be issued as follows: (1) Upon the motion of a commission. (2) Upon motion of a party before a commission. A subpoena under this paragraph is only valid for one day. It must be renewed by 4 p.m. for the next day. (d) Fees.-- (1) Witnesses subpoenaed under this section shall be compensated under 42 Pa.C.S. § 5903 (relating to compensation and expenses of witnesses). (2) Witnesses subpoenaed under subsection (c)(1) shall be paid by commission funds. (3) Witnesses subpoenaed under subsection (c)(2) shall be paid by the party. No subpoena shall be issued under subsection (c)(2) until the party pays the commission a fee of $10 for issuing the same and deposits with the commission one day's witness fees for each witness to be summoned. (4) As soon as convenient after a hearing is concluded or continued, the commission shall pay witnesses under paragraphs (2) and (3). Unearned fees deposited under paragraph (3) shall be refunded to the depositing party. (5) If the petition of the elector is sustained, the commission shall pay to the elector all costs paid on the elector's behalf. (e) Commission funds.--A commission shall pay over to the county treasurer fees received under subsection (d)(3). The accounts of the commission respecting payments under subsection (d)(2) shall be subject to audit by the county controller. Cross References. Section 1601 is referred to in section 1203 of this title.

25 Pa.C.S. § 1602 Court of common pleas.

(a) Standing.--The following have standing to appeal an action of a commission to the appropriate court of common pleas: (1) (Repealed). (2) An individual whose registration has been canceled by a commission. (3) A qualified elector of a municipality whose rights are impaired by any general order made by a commission. (b) Time.--An appeal under subsection (a) must be made by the seventh day preceding an election. (c) Grounds.--The appeal must request relief and set forth the grounds for relief. (d) Hearing.--Upon timely receipt of an appeal under this section, the court shall conduct a hearing. (e) Order.--If the court finds that an injustice has been done, it shall reverse or modify the ruling of the commission and issue appropriate injunctive relief. (f) Costs.-- (1) Except as provided in paragraph (2), the court may award costs for the appeal to the prevailing party. (2) Costs may not be assessed against a commission or a county. (Oct. 31, 2019, P.L.552, No.77, eff. imd.) 2019 Repeal. Act 77 repealed subsec. (a)(1). Cross References. Section 1602 is referred to in sections 1204, 1603 of this title.

25 Pa.C.S. § 1603 Commission duties.

In an appeal under section 1602 (relating to court of common pleas), the registration commission shall produce any petition, register or other record in its custody relevant to the issue involved. Cross References. Section 1603 is referred to in section 1204 of this title.