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Commission staff - 25 Pa. Cons. Stat. § 1204Legal Research Home > Pennsylvania Statutes
§ 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.
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Last modified: November 27, 2007 |