RULES AND REGULATIONS
[4 PA. CODE CH. 183]
Statewide Uniform Registry of Electors (SURE)
[32 Pa.B. 6340] The Department of State (Department) adopts Chapter 183 (relating to establishment, implementation and administration of the Statewide Uniform Registry of Electors). The act of January 31, 2002, P. L. 18, No. 3 (act) provided for a new voter registration law, and repealed the act of June 30, 1995 (P. L. 170, No. 25), known as the Pennsylvania Voter Registration Act (PVRA) (25 P. S. §§ 961.501--961.5109). Most of the statutory provisions of the PVRA were renumbered or materially revised under the act. Section 1222(f) of 25 Pa.C.S. (relating to SURE system), requires comprehensive regulations, including the promulgation of regulations necessary to establish, implement and administer the Statewide Uniform Registry of Electors (SURE) system. The act also sets forth other requirements, which are also addressed in this final-omitted rulemaking.
In addition to the enactment of the act this year, on October 29, 2002, President George W. Bush signed into law H.R. 3295, the Help America Vote Act (HAVA) of 2002 (42 U.S.C.A. §§ 15301--15545). Among the provisions of this bill are requirements for voter registration application forms and a statewide voter registration database. The relevant requirements of HAVA are included in the Annex.
Section 2 of the act provides that the promulgation of these regulations is exempt from section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)), is exempt from the Regulatory Review Act (71 P. S. §§ 745.1--745.14) and is exempt from section 201 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201), known as the Commonwealth Documents Law (CDL).
Purpose
This final-omitted rulemaking sets forth regulations to establish, implement and administer the SURE system, in accordance with 25 Pa.C.S. § 1222(f), in addition to other requirements contained in the act.
Subpart E. Statewide Uniform Registry of Electors
Chapter 183 (relating to establishment, implementation and administration of the Statewide Uniform Registry of Electors) is amended to set forth 17 new sections which include general provisions regarding: definitions; residence of applicants or registrants; uniform procedures for the county voter registration commissions (commissions) relating to entering data, accepting or rejecting applications, identifying and removing duplicates, updating information, and maintaining communications between commissions and between the Department and the commissions; training requirements for commissions and their employees; standardized forms; records; retention of records; street lists; public information lists; government agency voter registration procedures; commission and government agency voter registration requirements; reports to the Department; and enforcement authority of the Department. (See 32 Pa.B. 6339 (December 28, 2002) for another rulemaking concerning Chapter 183.)
Chapter 183. Establishment, Implementation and Administration of the SURE system
Section 183.1. Definitions.
This section adds new terms not defined in the act. The definition of a Voter Registration Mail Application Form (VRMA) not only includes the requirements of 25 Pa.C.S. § 1327(a) (relating to preparation and distribution of applications), but also the requirements for citizenship, age, driver's license number and the last four digits of the applicant's Social Security number in compliance with section 303(a)(5)(A)(i)(I) and (II) of the HAVA (42 U.S.C.A. § 15483(a)(5)(A)(i)(I) and (II)). The new definitions include the variety of mailings that are required by the act as well as various voter registration application forms and key concepts for voter registration. One key definition is ''resident,'' as 25 Pa.C.S. § 1302 (relating to residence of electors) provides the criteria for residency. Another important definition is that of a government agency, which includes not only those agencies enumerated in 25 Pa.C.S. § 1325 (relating to government agencies), but also the Department of Transportation (PENNDOT), where many qualified electors make application to register to vote or change voter registration information, as provided in 25 Pa.C.S. § 1323 (relating to application with driver's license application).
Section 183.3. Residence of applicants and registrants.
In § 183.3, the Department provides guidance to the commissions, defined in 25 Pa.C.S. § 1102 (relating to definitions), on how to determine residency in compliance with 25 Pa.C.S. § 1302. Because the Department and the commissions have received numerous questions regarding residency since the enactment of the PVRA in 1995, the Department believes that it is necessary to provide guidance to the commissions to ensure that the SURE system will comply with all of the provisions of the act. To assist the commissions in determining residency, the Department added to § 183.3(a)(5) the criteria that Congress set forth at section 303(b)(2)(A)(ii)(II) of HAVA for identifying registrants who vote by mail for the first time. Using the documents listed in this subsection will not only assist a commission in properly identifying a registrant, but also in determining residency.
Section 183.4. Uniform procedures for a commission relating to entering data into the SURE system.
In accordance with 25 Pa.C.S. § 1222(f), the Department provides procedures for the process and manner of entering information into the SURE system in subsection (a), and the type and form of information to be entered in subsection (b). Subsection (c) grants to a commission the ability to enter additional information if it chooses to do so. In subsection (d), the regulation designates those on the staff of a commission who may add, modify or delete information in the commission's records on the SURE system. Subsection (e) designates additional information that a commission is required to enter on the SURE system, regarding the acceptance and verification of applications, in compliance with 25 Pa.C.S. § 1328 (relating to approval of registration applications).
Section 183.5. Uniform procedures for a commission relating to accepting or rejecting applications on the SURE system.
Section 1328 of 25 Pa.C.S. provides the framework for accepting or rejecting voter registration applications. Subsection (a) delegates to each commission the decision for accepting or rejecting applications, in accordance with 25 Pa.C.S. § 1222(c)(9). The procedures for verifying the signatures of each registrant are set forth in subsection (b), while subsection (c) provides that a commission shall use reasonable efforts to ascertain any information that is incomplete, inconsistent or unclear on an applicant's application form. Subsection (d) addresses how a commission shall handle an application if an applicant fails to designate a political party, and subsection (e) provides guidance on handling applications submitted in person. Finally, subsection (f) delineates what information is optional on an application form, in compliance with 25 Pa.C.S. § 1327(a).
Section 183.6. Uniform procedures for a commission relating to the process for identifying and removing duplicate records in the SURE system.
Section 1222(f)(1) of 25 Pa.C.S. requires that the Department promulgate regulations on the process for identifying and removing duplicates. Furthermore, one of the purposes of the SURE system is to identify and remove duplicate registrations on a countywide and Statewide basis, as provided at 25 Pa.C.S. § 1222(c)(17). In addition, HAVA requires the elimination of duplicate names from the computerized voter registration list at section 303(a)(2)(B)(iii). In § 183.6(a), the Department establishes the procedures for the commissions to use in identifying duplicate registration records for a new application or for an existing record where a commission's record contains the most recent date of application for the potential duplicate. Where a commission's record is not the most recent, similar procedures are found at § 183.6(b). Under subsections (a) and (b), the commission shall first identify record matches based on the first and last name as well as the date of birth of the applicant or registrant. Then the commission uses the unique identifier, the last four digits of an applicant's or registrant's Social Security number and the signature of the applicant or registrant to determine whether a record is a potential duplicate. The applicant or registrant is notified when a commission takes final action in determining whether a record is a duplicate.
Subsection (c) provides additional methods, including mailings or any requests, which can be in person or by telephone, by which commissions shall obtain additional information to determine if records are duplicates. Subsection (d) includes the methods for removing duplicates using the following sources: the Department of Health, in accordance with 25 Pa.C.S. § 1505 (relating to death of registrant); PENNDOT, as provided in 25 Pa.C.S. § 1323; the National change of address (NCOA) voter removal program in 25 Pa.C.S. § 1901(b)(1)(i) (relating to removal of electors); and the confirmation mailing in 25 Pa.C.S. § 1901(b)(1)(ii). To clarify the procedures, the NCOA mailing procedures and the confirmation mailings are discussed separately for mailings within the county and outside the county.
Section 183.7. Uniform procedures for a commissions relating to the manner and time frame for updating information in the SURE system.
Section 1222(f)(1) of 25 Pa.C.S. requires that the Department promulgate regulations on the manner and time frame for updating information in the SURE system. Subsection (a) lists the information necessary to be processed within 14-calendar days, while subsection (b) provides guidance on the time frame for processing the voter identification card, in accordance with 25 Pa.C.S. § 1328(c).
Section 183.8. Uniform procedures for a commission relating to the manner and form of communications between commissions and between the Department and a commission.
Regulations on this subject are required by 25 Pa.C.S. § 1222(f)(1), and the regulations clarify that the SURE system will be the primary means of communications between commissions as well as communications between the Department and a commission.
Section 183.9. Training requirements for commissions and their employees.
The Department included in this section initial training requirements in subsection (a) and any additional training requirements in subsection (b) in accordance with 25 Pa.C.S. § 1222(f)(2).
Section 183.10. Standardized forms.
In accordance with 25 Pa.C.S. § 1105(a) (relating to standardized forms), the Department prescribes the voter registration and absentee ballot application forms in this section. Subsection (a) provides a list of those forms that must be prepared or approved by the Department: the VRMA; forms printed by other organizations; the voter identification card; a rejection notice; a confirmation notice; and all forms prepared by the Department or generated by the SURE system. Subsection (b) requires that the Department approve the following forms before they are used for voter registration: the motor vehicle voter registration application form to be used by PENNDOT; the declination form to be used by voter registration agencies; and removal notices. Subsection (c) includes a list of items that a Statewide Voter Registration Application may not require, while subsection (d) provides that all application forms for official absentee ballots shall contain the information required by section 1302(b) of the Pennsylvania Election Code (25 P. S. § 3146.2(b)) and be on a form prescribed or approved in advance by the Department. Subsection (e) provides for maintaining the confidentiality of information on forms, such as a driver's license number or the last four digits of a registrant's Social Security number. Finally, subsection (f) excludes the Federal voter registration application forms from this section.
Section 183.11. Records.
Because 25 Pa.C.S. § 1405(c) (relating to retention of records) requires the Department to promulgate regulations on the retention of records, the Department determined that it was necessary to first promulgate regulations on the requirements for general registers, which it did in subsection (a) to supplement the provisions in 25 Pa.C.S. § 1401 (relating to general register), as well as the requirements for district registers, which it did in subsection (b) to supplement the provisions in 25 Pa.C.S. § 1402 (relating to district registers). In § 183.11(a)(2), the Department clarifies that a commission need not keep a copy of the removal notices sent to each registrant, but shall retain only one copy of the sample mailing for all registrants. For each registrant's record, the commission shall enter the type of reply sent by the registrant, including the date the mailing was sent and returned. Additional recordkeeping requirements are included in subsection (c) for mailings sent by a commission. Subsection (d) clarifies that all requests for the information contained in the district or general register shall be processed as a public information request and be subject to the requirements of §§ 183.13 and 183.14 (relating to street lists; and public information lists). Subsection (e) provides guidance to the commissions for implementing 25 Pa.C.S. § 1402(f) so that the commissions may review the accuracy of both the district and general registers after each election. Finally, subsection (f) addresses the procedures that a commission shall follow for the records of inactive registrants, in compliance with 25 Pa.C.S. § 1901 (relating to removal of electors).
Section 183.12. Retention of Records.
Sections 1325(j) and 1405(c) of 25 Pa.C.S. specifically require the Department to promulgate regulations on the retention of records and forms. Subsection (a) provides for the maintenance and destruction of forms used by government agencies, in compliance with 25 Pa.C.S. § 1325(j). At subsection (b), the Department provides for the maintenance and destruction of the district register, as required by 25 Pa.C.S. § 1405(a). In subsection (c), the Department addresses the maintenance of voter registration cards, as required by 25 Pa.C.S. § 1405(c). Subsection (d), providing for the maintenance and destruction of records, including those dealing with mailings made under 25 Pa.C.S. §§ 1501 and 1901, is necessary to ensure that the SURE system will comply with all of the provisions of the act.
Section 183.13. Street Lists.
Section 1403(b) of 25 Pa.C.S. (relating to street lists) requires a voter registration commission to make copies of street lists available for public inspection subject to reasonable safeguards and regulations. Subsection (d) clarifies that the street list shall be distributed free of charge to the categories of officials, political parties, political bodies and candidates, enumerated in 25 Pa.C.S. § 1403(c). Providing the list free of charge is based on the language in 25 Pa.C.S. § 1403(c) and (d). Under 25 Pa.C.S. § 1403(c), the act requires the Department and the commissions to distribute the list upon request, with no reference to a charge, to the categories of officials and organizations listed in that subsection. In contrast, 25 Pa.C.S. § 1403(d) provides that a commission may, for a reasonable fee, distribute the street list to other organized bodies of citizens. Furthermore, the provision of the street list in an electronic format at no charge is based on the Commonwealth Court's interpretation of a similar provision of section 703 of the PVRA (25 P. S. § 961.703) in Hessley v. Campbell, 751 A.2d 1211 (Pa. Cmwlth. 2000).
A list of items that shall not be made available for public inspection or copying is included in § 183.13(c)(5), with appropriate cross references to the statutory provisions relating to confidentiality for those items in § 183.13(c)(5)(i) and (ii). A registrant's driver's license number and the last four digits of a registrant's social security number are not available for public inspection or copying under §§ 183.13(c)(5)(iii) and 183.14(c)(3) regarding street lists and public information lists because these items are being used by the commission to confirm the identity of applicants and registrants. Releasing this information publicly could jeopardize an applicant's or registrant's personal security. A registrant's unique identification number remains confidential under §§ 183.13(c)(5)(iii) and 183.14(c)(3) because it too is only being used by the commission to confirm the identity of registrants. Releasing this information publicly could jeopardize the security of the SURE system because the unique identifier is the main component for a commission's management of its data. In §§ 183.13(g) and 183.14(k), neither a street list nor a public information list may be published on the Internet, because doing so would compromise the ability of a commission or the Department to provide these lists to those entities or individuals entitled to them within the criteria specified in 25 Pa.C.S. §§ 1403 and 1404.
Section 183.14. Public Information Lists.
This section is included because 25 Pa.C.S. § 1404(b)(1) (relating to public information lists) provides that the Department may promulgate reasonable regulations governing access to the public information list. Subsection (a) lists the information that the Department or a commission is required to provide, in compliance with 25 Pa.C.S. § 1404(a)(1). Reasonable safeguards addressing recent increased security concerns after the events of September 11, 2001, are set forth in subsection (b), while subsection (c) lists those items that shall not be made available for public inspection or copying. Subsections (c)(4) and (5) set forth reasonable safeguards regarding the inspection and copying of public information lists to, for example, protect the home residence information of specified law enforcement personnel and to provide for an opt-out procedure for specific individuals, such as victims of domestic violence, who can demonstrate that their personal safety would be at risk if their home address were to be revealed. The exemptions for home residence information were not included for street lists in § 183.13(c)(5) because 25 Pa.C.S. § 1403(c) and (d) limit the access to street lists to a much smaller audience than the public information lists in 25 Pa.C.S. § 1404. The cost for the records, the timing of the release of the records and the form of the records are addressed at subsections (i) and (j), as provided by 25 Pa.C.S. § 1404(c)(1).
Section 183.15. Agency Voter Registration Procedures.
To comply with 25 Pa.C.S. § 1325(a) and (j) regarding voter registration requirements for government agencies, the Department provides guidance to these agencies to ensure that the SURE system will comply with all of the provisions of the act, as required by 25 Pa.C.S. § 1222(f)(3).
Section 183.16. Commission and government agency voter registration requirements.
Section 1327(c)(3) of 25 Pa.C.S. requires that commissions and government agencies provide Voter Registration Mail Application (VRMAs) forms to the public, political parties, political bodies, candidates, and local, state and Federal government offices. The regulations at this section implement these requirements of the act.
Section 183.17. Reports to the Department.
So that a commission may comply with 25 Pa.C.S. § 1406(a) (relating to reports) to make reports to the Department, and the Department may comply with 25 Pa.C.S. § 1406(b) to make reports to the General Assembly, the Department provides guidance to a commission regarding the timing and the contents of the reports that the commission must provide to the Department to ensure that the SURE system will comply with all of the provisions of the act.
Section 183.18. Enforcement Authority of the Department.
To ensure compliance with 25 Pa.C.S. §§ 1803 and 1804 (relating to power of department; and relief), the Department provides guidance to the commissions and those government agencies responsible for providing voter registration opportunities under the act to ensure that the SURE system will comply with all of the provisions of the act.
Fiscal Impact
This final-omitted rulemaking will have some fiscal impact upon the Department with limited impact on the commissions. Because this is a new system, it is impossible to anticipate with specificity the impact upon the fiscal operations of the Department and the 67 commissions. However, it is anticipated that the implementation of the SURE system, as contained in this regulation, will result in a centralized system providing compliance and other administrative efficiencies to the commissions regarding the programs and procedures that they are required to conduct under Federal and State laws. State funding has been appropriated to the Department to provide for the implementation of this system in the commissions. The implementation of the SURE system will also result in increased expenditures for new programs and procedures required by both the act and HAVA. These expenditures may be offset by commensurate grants provided for under HAVA.
Paperwork Requirements
Paperwork requirements will not be substantially altered as a result of this final-omitted rulemaking.
Regulatory Review
Section 2 of the act provides that the promulgation of these regulations is exempt from section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)), is exempt from the Regulatory Review Act (71 P. S. §§ 745.1--745.14) and section 201 of the CDL.
Contact Person
Interested persons may contact L. Lawrence Boyle, Deputy Chief Counsel, Department of State, 302 North Office Building, Harrisburg, PA 17120-0029 or e-mail lboyl@state.pa.us.
Findings
The Secretary finds that this final-omitted rulemaking is necessary and appropriate for administering and enforcing the act identified in this Preamble.
Order
The Secretary, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 4 Pa. Code, are amended by adding §§ 183.1 and 183.3--183.18 to read as set forth in Annex A, with ellipses referring to the final-form rulemaking at 32 Pa.B. 6339.
(b) The Department shall submit this order and Annex A to the Office of General Counsel as required by law.
(c) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect 30 days after publication of this final rulemaking, in accordance with section 203 of the CDL (45 P. S. § 1203).
C. MICHAEL WEAVER,
Secretary of the CommonwealthFiscal Note: 16-31. (1) General Fund; (2) Implementing Year 2002-03 is $390,000*; (3) 1st Succeeding year 2003-04 is $1,080,625*; 2nd Succeeding Year 2004-05 is $896,100*; 3rd Succeeding Year 2005-06 is $896,100*; 4th Succeeding Year 2006-07 is $149,350*; 5th Succeeding Year 2007-08 is $0; (4) Fiscal Year 2001-02 $n/a; Fiscal Year 2000-01 $n/a; Fiscal Year 1999-00 $n/a; (7) General Government Operations; (8) recommends adoption.
*This is the estimated additional computer costs for the SURE System.
Annex A
TITLE 4. ADMINISTRATION
PART VIII. BUREAU OF COMMISSIONS, ELECTIONS AND LEGISLATION
Subpart E. STATEWIDE UNIFORM REGISTRY OF ELECTORS
CHAPTER 183. ESTABLISHMENT, IMPLEMENTATION AND ADMINISTRATION OF THE STATEWIDE UNIFORM REGISTRY OF ELECTORS § 183.1. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AVN--Address verification notice--A notice mailed by the commission to confirm that a registrant has moved from the address recorded on the registrant's registration records.
Act--25 Pa.C.S. §§ 1101--3302 (relating to voter registration).
Assistance--Includes entering information on a VRMA on behalf of the applicant if the applicant is unable to complete the information himself and witnessing the applicant's mark if the applicant is unable to sign the form. If the individual assisting the applicant is an employee of a governmental agency, assistance shall include entering the agency code in the space provided for assistance and making a note of the assistance on the applicant's Declination Form. The term does not include signing the application on behalf of the applicant.
CAVN-IC--Change of address verification notice within the county--A notice mailed by the commission to determine if a registrant has moved from the address indicated on the registrant's registration records to a different address within the same county.
CAVN-OC--Change of address verification notice outside the county--A notice mailed by the commission to determine if a registrant has moved from the address indicated on the registrant's registration records to a different address outside the county.
CM--Confirmation mailing--A notice mailed by the commission to the registrants in the county, except those registrants previously marked as inactive, in which a registrant may verify or correct address information, as described at section 1901(b)(1)(ii) of the act (relating to removal of electors).
Candidate--Includes both candidates for nomination and election.
Canvass--The act of verifying registration records in an election district by visiting the physical location at which the registrant is registered to vote.
Card--Includes any form of correspondence pertaining to voter registration.
Day--A calendar day.
Deceased Voters List--The list provided to the Department and the commissions by the Department of Health in accordance with section 1505(a) of the act (relating to death of registrant).
Declination Form--The form on which an individual indicates his desire to register to vote or not to do so, and which is used in administering voter registration in accordance with section 1325(b) of the act (relating to government agencies). The failure to sign a PENNDOT VRA is a declination.
Duplicate--A registration record for which another registration record already exists for the same registrant or applicant.
Federal Voter Registration Application--An application for voter registration which is produced by the Federal government.
Government agency--An office which provides voter registration applications under section 1323 of the act (relating to application with driver's license application) and section 1325 of the act.
* * * * * Inactive registrant--A registrant who has been mailed a notice in accordance with the act and who has not returned or otherwise responded to the notice; or a registrant who has been designated inactive in accordance with section 1901(c) of the act.
NCA--Notice of change of address--A notice mailed upon receipt of information that a registrant may have moved.
NCOA--National change of address--The voter removal program authorized by section 1901(b)(1)(i) of the act.
PENNDOT--The Department of Transportation of the Commonwealth.
Personal information--Any of the following:
(i) Name of an individual.
(ii) Address of residence and mailing address (if different than address of residence).
(iii) Date of birth.
(iv) Telephone number.
(v) Race.
(vi) Driver's license number.
(vii) Last four digits of an individual's Social Security number.
(viii) Federal or State employee designation, if any.
(ix) Name of municipality of residence.
(x) Identification of an individual's ward and district.
(xi) Designation of party including the date of enrollment.
(xii) An individual's signature or mark.
* * * * * Resident--An individual who possesses residence in a district in accordance with section 1302 of the act (relating to residence of electors).
Unique identifier--The SURE registration number required by section 1222(c)(3) of the act (relating to SURE system).
VRA--Voter Registration Application--Any of the following:
(i) A VRMA.
(ii) A registration application used in accordance with section 1323 of the act.
(iii) A registration application prepared by a commission and approved by the Department for purposes of in-person voter registration in accordance with section 1322 of the act (relating to in-person voter registration).
(iv) A Federal voter registration application.
(v) A voter registration application form approved by the Secretary.
VRMA--Voter registration mail application form--The Statewide voter registration application form, in accordance with section 1327(a) of the act (relating to preparation and distribution of applications), which contains:
(i) The following requests for information from applicants:
(A) Full legal name or common derivative thereof.
(B) Address of residence, including municipality of residence, in accordance with section 1302 of the act.
(C) Mailing address if different than address of residence.
(D) Whether the applicant has been registered to vote in the past.
(E) Name, address and county of previous registration and the year of that registration.
(F) Designation of political party.
(G) Date of birth, which shall appear in the standard month-day-year sequence.
(H) Telephone number.
(I) Race.
(J) Sex.
(K) The question ''Are you a citizen of the United States of America?'' and boxes for the applicant to check yes or no.
(L) The question ''Will you be 18 years of age on or before election day?'' and boxes for the applicant to check yes or no.
(M) A driver's license number.
(N) The last four digits of the applicant's Social Security number.
(O) A registrant's unique identifier.
(ii) The following statements or declarations from applicants:
(A) The registration declarations and affirmations required by section 1327(b) of the act.
(B) The registration statement required by section 303(b)(4)(A)(iii) of the Help America Vote Act of 2002 (42 U.S.C.A. § 15483(b)(4)(A)(iii)).
(iii) The following requests for information from any individual providing assistance to an applicant in the completion of a VRMA:
(A) Name.
(B) Address of residence.
(C) Telephone number.
(b) The definitions of section 1102 of the act (relating to definitions) are incorporated by reference.
§ 183.3. Residence of applicants or registrants.
(a) The following rules shall apply in determining residence of applicants or registrants.
(1) A registrant may not claim more than one place of residency for voter registration purposes.
(2) A registrant who registers to vote at a different residence loses residence for voter registration purposes in the place of former residence.
(3) An applicant without a specific address may indicate on the map of the VRMA where the applicant lives. If the applicant has no permanent address, the applicant shall do the following:
(i) Note on the map the place where the applicant spends most of his time, which shall serve as the applicant's residence.
(ii) Provide a mailing address, which may be a post office box, general delivery at a post office or a shelter where the applicant spends time.
(4) An applicant who is a student at an institution of higher education located within this Commonwealth, may register in the district in which the applicant resides while attending the institution.
(5) In determining eligibility under section 1301(a) of the act (relating to qualifications to register), residence begins on the day when the applicant commences to physically reside within the district and includes the day of the next election. A commission may use a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the applicant or registrant as evidence in determining residency.
(b) A commission may accept a post office box as an address of residence only if no other address is available for an applicant.
§ 183.4. Uniform procedures for the commissions relating to entering data into the SURE system.
(a) A commission shall enter information into the SURE system by typing, scanning or electronically entering the data.
(b) A commission shall enter the following information into the SURE system for a registrant or applicant:
(1) Personal information.
(2) Voting history for registrants.
(3) Agency code, if applicable.
(4) The status of the record, including pending, rejected, active/inactive, canceled and deceased.
(5) In accordance with sections 1222(c)(3) and 1328(c)(1) of the act (relating to SURE system; and approval of registration applications), the unique identification number indicated by the SURE system as the applicant's SURE registration number.
(6) Any other information required by the Department.
(7) The date, type of correspondence to and from the commission, action or inaction by the applicant or registrant, and any subsequent action by the commission for the following mailings sent to the applicant or registrant. The scanned images of mailings sent to an applicant or registrant may not be attached to registration records in the SURE system.
(i) The NCOA in section 1901(b)(1)(i) of the act (relating to removal of electors).
(ii) The AVN.
(iii) The CM in section 1901(b)(1)(ii) of the act.
(iv) The Five Year Notice in section 1901(b)(3) of the act.
(v) The NCA.
(vi) The CAVN-IC.
(vii) The CAVN-OC.
(viii) The canvass in section 1901(b)(2) of the act.
(ix) The ''Ten Day Rule'' Notice in section 1328(c)(4)(ii) of the act (relating to approval of registration applications).
(x) The removal notices in section 1501 of the act (relating to removal notices).
(8) The voter registration source, which includes a designation of whether an applicant made application to register to vote in person, by mail, or through PENNDOT or another State agency.
(9) The application type, such as a new application, a change of name, a change of address or a change of party.
(10) Absentee voter indicator and tracking, if applicable.
(11) ''Fail-safe'' voting indicators, if applicable, as provided in section 1501(b)(2) and (3) of the act and section 1902 of the act (relating to procedure for voting following failure to return notification card).
(12) Any disability of a registrant and any assistance that may be required when voting, as provided in section 1504 of the act (relating to disability).
(13) Removal information by the registrant, if applicable, as provided in section 1501 of the act.
(14) The applicant's or registrant's digitized signature. If the commission does not have a digitized signature available for a registrant, the Department may utilize the digitized signature on file at PENNDOT if the registrant applied to register to vote at PENNDOT and used a digitized signature.
(c) A commission may enter the following information into the SURE system:
(1) Those attachments that enable the commission to ensure the accuracy and currency of a registrant's registration record. The commission may not attach to a record the scanned images of correspondence it mails to an applicant or registrant.
(2) A county identifier that is different from the unique identifier and which the commission uses for internal administrative purposes only. If the registrant moves to a residence outside a commission's jurisdiction, the new commission's voter identification number, if any, shall supersede the previous commission's voter identification number.
(d) Only registrars or the designees of a commission may add, modify or delete information in the commission's registration records in the SURE system.
(e) A commission shall enter the following information into the SURE system in the manner indicated:
(1) Applications approved and accepted.
(2) Applications in process of verification.
(3) A record of rejected applications, together with a notation of the type and date of correspondence sent to rejected applicants, which shall be retained in a special file.
(4) The signature of an approved applicant.
§ 183.5. Uniform procedures for the commissions relating to accepting or rejecting applications on the SURE system.
(a) A commission shall be responsible for making the final decision to accept or reject an applicant's application to register to vote in accordance with section 1328 of the act (relating to approval of registration applications).
(b) A commission shall verify the signature of a registrant in the following manner:
(1) If a registrant, either in person or in writing, requests a change of name, party affiliation, or address within the same county, the commission shall attempt to verify the signature of the voter.
(2) If the commission verifies that the signature is valid and from the registrant in question, the commission shall:
(i) Make the change.
(ii) Send the registrant, by nonforwardable mail, a voter identification card that reflects the change, as provided by section 1328(c) of the act.
(3) If the commission is not satisfied that the request is from the registrant in question, the commission shall mail a notice to the applicant, directing the applicant to appear at the office of the commission to answer, under oath, any questions that the commission considers necessary. If the applicant fails to appear as directed, the commission may not make the change requested, and shall inform the applicant in writing of this decision.
(c) Except as provided at subsection (d), a commission shall use reasonable efforts to ascertain information that is necessary for voter registration and is incomplete, inconsistent or unclear on an applicant's application form. Reasonable efforts shall include mailing a notice to the applicant or contacting the applicant by phone, if available. The commission shall notify the applicant of the reason the application could not be accepted and provide the opportunity for the applicant to complete the form.
(d) If an applicant fails to designate political party affiliation on a VRMA, the commission shall register the applicant without indicating political party affiliation, and the commission shall notify the applicant that the applicant will not be permitted to vote for candidates in a primary election.
(e) The commission need not correspond with an applicant, in accordance with section 1322 of the act (relating to in-person voter registration), if the applicant makes application to register to vote in person with the commission, and the commission rejects the application in the applicant's presence. In accordance with section 1322(a) of the act, if the commission accepts the application, it shall mail the applicant an identification card as provided by section 1328(c) of the act.
(f) The following items on a VRMA and any other approved voter registration form are additional or optional information and may not be considered when determining the acceptance or rejection of the application as provided in section 1327(a) of the act (relating to preparation and distribution of applications):
(1) Sex.
(2) Telephone number.
(3) Race.
(4) Date.
(5) Prior registration information.
(6) Alternate mailing address.
(i) The applicant may provide an alternate mailing address, separate from the residence address. The alternate mailing address may only be used for mailing information to the applicant.
(ii) In accordance with section 1328(c) of the act, the voter identification card shall be mailed to the applicant's address of residence.
(7) Unique identifier.
(8) The last four digits of an applicant's Social Security number if the applicant's driver's license number is provided.
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