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PA Bulletin, Doc. No. 02-396

NOTICES

DEPARTMENT OF STATE

Notice from the Secretary of the Commonwealth

[32 Pa.B. 1360]

   On January 31, 2002, Governor Mark Schweiker signed into law Act 3 of 2002 (Act 3). Effective March 17, 2002, Act 3 repeals the act of June 30, 1995 (P. L. 170, No. 25), known as the Pennsylvania Voter Registration Act (PVRA) (25 P. S. Ch. 4A (relating to Voter Registration Act)), and codifies it as Part IV (relating to voter registration) of Title 25 (relating to elections) of the Pennsylvania Consolidated Statutes. See Act 3, §§ 1, 5(2) and 6. The repeal of the PVRA and its replacement by 25 Pa.C.S. Pt. IV is effective 45 days after enactment, or March 17, 2002. See Act 3, § 7(3).

   Section 1513 of Title 25 provides as follows:

§ 1513.  Applicability of provisions.

   (a)  Suspension.--To the extent that the Secretary of the Commonwealth determines that the National Voter Registration Act of 1993 (Public Law 103-31, 42 U.S.C. § 1973gg et seq.) prohibits the cancellation of registration for elections for Federal office because of a failure to vote as provided in section 1510 (relating to failure to vote), the provisions of sections 1506 (relating to checkup of registers) through 1512 (relating to correction of errors in cancellation or suspension) are suspended. The suspension shall become effective upon publication of notice of the determination in the Pennsylvania Bulletin.
   (b)  Effect of suspension.--Should the provisions of sections 1506 through 1512 be suspended as provided in subsection (a), the provisions of Chapter 19 (relating to provisions contingent on Federal Law) shall be effective during the period of suspension.

   Section 1513 is substantively identical to Section 5103 of the PVRA (25 P. S. § 5103 (relating to applicability of provisions)). Acting under Section 5103 of the PVRA, the Secretary of the Commonwealth in 1995 published in the Pennsylvania Bulletin a notice that she had determined that the National Voter Registration Act of 1993 (NVRA) prohibits the cancellation of registration for elections for Federal office because of a failure to vote. See 25 Pa.B. 2844 (July 15, 1995). Consequently, since that time, the provisions of Sections 906 through 912 of the PVRA (25 P. S. §§ 961.906--961.912) have been suspended.

   Inasmuch as the PVRA on March 17, 2002 will be repealed by Act 3 and replaced by 25 Pa.C.S. Pt. IV, the Secretary of the Commonwealth must make a similar determination under 25 Pa.C.S. § 1513. Upon review of the NVRA, the Secretary of the Commonwealth has determined that the NVRA prohibits the cancellation of registration for elections for Federal office because of a failure to vote as provided in 25 Pa.C.S. § 1510 (relating to failure to vote). Therefore, as provided by Section 1513(a), the provisions of 25 Pa.C.S. §§ 1506 (relating to checkup of registers) through 1512 (relating to correction of errors in cancellation or suspension) are suspended, and the provisions of 25 Pa.C.S. Chapter 19 (relating to provisions contingent on Federal Law) shall be effective during the period of suspension.

   This notice shall be effective March 17, 2002, to coincide with the effectiveness of Act 3's repeal of the PVRA and its replacement by 25 Pa.C.S. Pt. IV.

C. MICHAEL WEAVER,   
Acting Secretary of the Commonwealth

[Pa.B. Doc. No. 02-396. Filed for public inspection March 8, 2002, 9:00 a.m.]


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