PROPOSED RULEMAKING
DEPARTMENT OF STATE
[ 4 PA. CODE CH. 191 ]
Alteration of Local Election Districts
[38 Pa.B. 4628]
[Saturday, August 23, 2008]The Department of State (Department) proposes to amend 4 Pa. Code by adding Chapter 191 (relating to alteration of local election districts). The act of November 24, 1999 (P. L. 543, No. 51) (25 P. S. §§ 2745--2750) (act) provides for the manner in which a county board of elections may alter election districts and the manner in which a county board of elections shall report election data. Section 540 of the act (25 P. S. § 2750), provides that regulations may be promulgated to administer 25 P. S. §§ 2745--2750.
Purpose of Chapter
The purpose of the proposed rulemaking is to establish an efficient method for the reporting of alterations to local election districts by the various county boards of elections and to provide for the efficient reporting of election data for the local election districts contained within each county. By requiring the timely reporting of alterations to election districts, the proposed regulations help avoid possible confusion among voters who are directly affected by an election district alteration.
Explanation of Chapter 191:
Chapter 191: Alteration of local election districts.
The Department proposes to adopt Chapter 191 to set forth four sections which include general provisions regarding: definitions; procedures for implementing alteration of local election districts; procedures for implementing the outcome of alteration of local election districts; procedures for reporting election districts.
§ 191.1. Definitions.
At § 191.1(a), the Department proposes two definitions. The Department proposes to define ''boundary'' with a cross reference to section 506 of the Pennsylvania Election Code (Code) (25 P. S. § 2706). The Department reasoned that a cross reference would clarify to the regulated community the meaning of the term and its use within the regulations. The Department also proposes defining ''report'' to include a signed court order approving the resulting districts. Section 502 of the Code (25 P. S. § 2702), requires that a redistricting plan be approved by the Court of Common Pleas prior to being submitted to the Department for review. The Department reasoned that the definition of report should include a signed court order approving the resulting districts to show that the county board of elections fulfilled the requirement under section 502 of the Code before submitting it to the Department. At § 191.1(b), the Department clarified that the definitions in section 102 and 535 of the Code (25 P. S. §§ 2602 and 2745), are incorporated into the regulations by reference.
§ 191.2. Procedures for implementing alteration of local election districts.
At § 191.2(a), the Department proposes, as directed by section 537(b) of the act (25 P. S. § 2747(b)), that within 30 days of an alteration, the county board of elections shall submit a report to the Bureau. At § 191.2(b), the Department proposes that the county board of elections shall submit its report to the Bureau at least 45 days prior to a primary or an election. The Department reasoned that requiring the reports be submitted to the Bureau 45 days prior to a primary or an election would give the Bureau time to review the reports to know the boundaries of each local election district which would lend to accuracy and efficiency on the day of the primary or the election.
§ 191.3. Procedures for implementing the outcome of alteration of local election districts.
At § 191.3(a), the Department proposes that the county board of elections or voter registration commission shall enter the outcome of the alteration in the Statewide Uniform Registry of Electors (SURE), after completing all requirements. The Department reasoned that the proposed requirement efficiently updates the SURE system that is used to produce district registers (commonly called poll books).
At § 191.3(b), the Department proposes that if a county alters the election district of an elector, the county board of elections shall send that elector a new voter identification card, as provided at 25 Pa.C.S. § 1328(c)(2) (relating to approval of registration applications). The Department reasoned that the added language makes certain that electors receive new voter identification cards if they are affected by the alteration of a local election district.
§ 191.4. Procedures for reporting election results.
Section 539 of the act (25 P. S. § 2749) regarding election results; registration requires the county board of elections to provide to the Bureau a report with the election results. At § 191.4, the Department proposes that the county board of elections shall report either electronically in the format prescribed by the Secretary of the Commonwealth or on the paper form provided by the Secretary of the Commonwealth. The Department reasoned that uniformity in the reports provided to the Bureau would increase accuracy and efficiency in configuring the results of an election.
Fiscal Impact
The proposed rulemaking will have a negligible impact upon the Department and the county boards of elections because the rulemaking does not require the implementation of new programs or processes.
Paperwork Requirements
The paperwork requirements will not be substantially altered as a result of the proposed rulemaking.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 13, 2008, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis form to the Independent Regulatory Review Commission (IRRC) and to the Senate and House State Government Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department.
Responses to Comments
Contact Persons
Interested persons may contact Shauna C. Graves, Assistant Counsel, Department of State, 210 North Office Building, Harrisburg, PA 17120-0039, shgraves@state. pa.us. Comments must be received by September 22, 2008.
PEDRO A. CORTES,
SecretaryFiscal Note: 16-42. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART VIII. BUREAU OF LEGISLATION, COMMISSIONS AND ELECTIONS
Subpart F. REDISTRICTING
CHAPTER 191. ALTERATION OF LOCAL ELECTION DISTRICTS Sec.
191.1. Definitions. 191.2. Procedures for implementing alteration of local election districts. 191.3. Procedures for implementing the outcome of alteration of local election districts. 191.4. Procedures for reporting election results. § 191.1. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Bureau--The Bureau of Legislation, Commissions and Elections in the Department of State of the Commonwealth.
Boundaries--The physical requirements for the resulting election district boundaries as set forth in the Pennsylvania Election Code. The requirements relating to congressional and legislative districts are set forth in section 506 of the Pennsylvania Election Code. (25 P. S. § 2706)
Pennsylvania Election Code--25 P. S. §§ 2601--3554.
Report--A report filed by a county board of elections with the Bureau under the Pennsylvania Election Code regarding alterations after period of restriction which includes the following:
(1) Maps of:
(i) The resulting districts.
(ii) The previous districts.
(2) A verbal description of:
(i) The resulting districts.
(ii) The previous districts.
(3) A signed court order approving the resulting districts.
(4) A description of the reasons for the alteration, including precinct splits, mergers, renaming of districts or boundary changes.
(b) The definitions in sections 102 and 535 of the Pennsylvania Election Code (25 P. S. §§ 2602 and 2745), are incorporated by reference.
§ 191.2. Procedures for implementing alteration of local election districts.
(a) Within 30 days of an alteration, the county board of elections shall submit a report, as defined in § 191.1(a) (relating to definitions), to the Bureau.
(b) The report must be submitted to the Bureau at least 45 days prior to a primary or an election. If the county board of elections does not submit the report at least 45 days prior to the primary or election, the election district alteration may not be implemented until the next following primary or election.
§ 191.3. Procedures for implementing the outcome of alteration of local election districts.
(a) The county board of elections or voter registration commission shall enter the outcome of the alteration in the Statewide Uniform Registry of Electors (SURE), only after it has completed all of the procedures outlined in § 191.2 (relating to procedures for implementing alteration of local election districts).
(b) If a county alters the election district of an elector, the county board of elections shall send that elector a new voter identification card, as provided at 25 Pa.C.S. § 1328(c)(2) (relating to approval of registration applications).
§ 191.4. Procedures for reporting election results.
The county board of elections shall report election results for each election district within the county either electronically in the format prescribed by the Secretary of the Commonwealth or on the paper form provided by the Secretary of the Commonwealth.
[Pa.B. Doc. No. 08-1525. Filed for public inspection August 22, 2008, 9:00 a.m.]
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