Court Opinions

State Laws

US Code

US Constitution

Application with driver's license application - 25 Pa. Cons. Stat. § 1323

Legal Research Home > Pennsylvania Statutes

     § 1323.  Application with driver's license application.
        (a)  General rule.--
            (1)  The Department of Transportation shall provide for
        simultaneous application for voter registration in
        conjunction with the process under 75 Pa.C.S. § 1510
        (relating to issuance and content of driver's license). An
        application under this subsection shall serve as an
        application to register to vote unless the applicant fails to
        sign the voter registration application. The secretary has
        the primary responsibility for implementing and enforcing the
        driver's license voter registration system created under this
        section. The secretary, in consultation with the Secretary of
        Transportation, may promulgate regulations for implementing
        this section.
            (2)  An application for voter registration submitted to
        the Department of Transportation under this subsection shall
        be considered as updating any previous voter registration
        information by a registrant.
            (3)  Any change of address submitted to the Department of
        Transportation for the purposes of driver licensing shall
        serve as notification of change of address for voter
        registration for the registrant involved unless the
        registrant indicates that the change of address is not for
        voter registration purposes.
        (b)  Process.--
            (1)  The Department of Transportation shall provide for
        an application for voter registration as part of a driver's
        license application.
            (2)  The format of the driver's license/voter
        registration application shall be determined and prescribed
        by the secretary and the Secretary of Transportation.
            (3)  The voter registration application portion of the
        application shall contain all the requirements of an official
        voter registration application specified in section 1327
        (relating to preparation and distribution of applications).
        The voter registration portion of the application:
                (i)  may not require any information that duplicates
            information required in the driver's license portion of
            the form, other than a second signature; and
                (ii)  may require only the minimum amount of
            information necessary to prevent duplicate voter
            registration, to enable the commission to assess the
            eligibility of the applicant and to administer voter
            registration and other parts of the election process.
        (c)  Transmission.--
            (1)  The Department of Transportation shall forward
        completed applications or contents of the completed voter
        registration applications in machine-readable format to the
        department by the close of registration for the ensuing
        election.
            (2)  The department shall transmit the material to the
        appropriate commission within ten days after the date of its
        receipt by the Department of Transportation. If a voter
        registration application is received by the Department of
        Transportation within five days before the last day to
        register before an election, the application shall be
        transmitted to the appropriate commission not later than five
        days after the date of its receipt by the Department of
        Transportation.
            (3)  Upon receipt of the completed voter registration
        information from the department, the commission shall make a
        record of the date of the receipt of the application and
        process the application. No applicant shall be deemed
        eligible to vote until the commission has received and
        approved the application.
            (3.1)  After the Department of Transportation is
        connected to the SURE system and notwithstanding paragraphs
        (1), (2) and (3), the Department of Transportation shall
        transmit electronically the contents of a completed voter
        registration application within five days of receipt of the
        application. Upon receipt of the information from the
        Department of Transportation, a commission shall make a
        record of the date of the receipt of the application and
        process the application in accordance with section 1328
        (relating to approval of registration applications). If the
        commission of the county of residence has not been connected
        to the SURE system, the Department of Transportation shall
        forward the completed application or contents of the
        completed application to the department in accordance with
        paragraph (1). No applicant shall be deemed eligible to vote
        until the commission has received and approved an application
        in accordance with section 1328.
            (4)  Changes of address shall comply with the following:
                (i)  Before the Department of Transportation is
            connected to the SURE system, the Department of
            Transportation shall notify the department of changes of
            address received under subsection (a)(3). The department
            shall notify the commission of the county of the
            registrant's former residence. After the Department of
            Transportation is connected to the SURE system, the
            Department of Transportation shall notify the commission
            of the county of the registrant's former residence. If
            the registrant has moved to an address outside this
            Commonwealth, the commission shall verify the address
            change in accordance with section 1901 (relating to
            removal of electors). Except as provided in subparagraph
            (ii), if the registrant confirms in accordance with
            section 1901(d) that he has moved to another county, the
            commission shall cancel the registration and forward the
            registrant's registration information to the commission
            of the registrant's new county of residence. Except as
            provided in subparagraph (ii), if the registrant has
            moved to an address within the commission's jurisdiction,
            the commission shall promptly update the registration
            record of the registrant in accordance with section 1328.
            All changes of address received by the Department of
            Transportation under this section at least 30 days before
            an election must be processed by the commission for the
            ensuing election. For the purpose of this paragraph, the
            term "registration information" means the registration
            card and any other record of registration maintained by a
            commission.
                (ii)  In the case of changes of address received by
            the Department of Transportation which do not contain a
            signature of the registrant, the commission receiving the
            change of address notification shall mail a notice to the
            registrant at the new residence address requesting
            verification of the address change. If the change of
            address is to a new residence outside the commission's
            jurisdiction, the commission shall mail the following
            notice:
            Date................
                  Office of the Registration Commission
                     .......... County, Pennsylvania
              ........ (Address and Telephone No. of County)
            We have been notified by the Department of Transportation
            that you recently changed your address from
            ................. (old residence address) to
            ............... (new residence address) and that this
            change of address is to serve as a change of address for
            voter registration purposes. Unless you notify this
            office within ten days from the date of this notice that
            this information is not correct, your voter registration
            will be transferred to ........... County. You may notify
            this office by writing your residence address, the date
            and your signature on the bottom of this form and mailing
            this notice to this office. You need not notify this
            office if this information is correct.
                                    ............................
                                                   Chief Clerk
            If the address change is within the commission's
            jurisdiction, the commission shall mail a voter's
            identification card to the registrant at the new
            residence address.
                (iii)  If the registrant does not return the notice
            under subparagraph (ii) within the ten-day period, the
            commission shall process the change of address according
            to subparagraph (i). If the registrant notifies the
            commission that the information is incorrect and the
            commission is satisfied with the registrant's explanation
            of the discrepancy, the address of the registrant's
            registration shall remain unchanged. If the verification
            notification or voter identification card is returned by
            the post office as undeliverable as addressed or with a
            forwarding address, the commission shall send a
            confirmation notice to the registrant's address of former
            residence in accordance with section 1901(d)(2).
            (5)  Upon notification and confirmation of any change of
        address, a commission shall promptly update information
        contained in its registration record.
        (d)  Prohibition.--An individual who is not a qualified
     elector is ineligible to register to vote under this section.
        (e)  Effect.--Failure to properly complete a voter
     registration application shall not affect the validity of an
     application for a driver's license, a renewal application or an
     identification card application.
        (f)  Use of information.--No information regarding a
     declination to register to vote in connection with an
     application made under this section may be used for any purpose
     other than voter registration.
        (g)  Staff.--Agents and employees working on behalf of the
     Department of Transportation assisting in the completion of
     voter registration applications shall conduct themselves in a
     manner consistent with the following principles:
            (1)  They shall not seek to influence an applicant's
        political preference or party registration or display
        political preference or party allegiance.
            (2)  They shall not make a statement to an applicant or
        take an action the purpose or effect of which is to
        discourage the applicant from registering to vote.
            (3)  Applicants wishing to register to vote under this
        section shall be given the same degree of assistance with the
        voter registration application as with all other Department
        of Transportation forms.
     Agency employees who violate this subsection shall be removed
     from employment, provided that the agency at its discretion may
     impose a penalty of suspension without pay for at least 30 days,
     but not more than 120 days, if it finds that the violation does
     not warrant termination.

        Cross References.  Section 1323 is referred to in sections
     1321, 1326, 1327, 1406, 1801 of this title.

Last modified: November 27, 2007