Current through Register Vol. 54, No. 52, December 28, 2024
(a) A commission shall use the following
process for identifying duplicate registration records for a new application or
for an existing record where a commission's registration record contains the
most recent date of application for the potential duplicate.
(1) At a minimum, a commission shall identify
record matches using an applicant's or registrant's first and last name as well
as date of birth.
(2) If, upon
examining the criteria in paragraph (1), the commission believes that the
record is or may be a duplicate, it shall use any of the following items, if
available, to determine if the record is a duplicate:
(i) The unique identifier.
(ii) The last four digits of an applicant's
or registrant's Social Security number.
(iii) The driver's license number of an
applicant or registrant.
(3) If, upon examining the criteria in
paragraph (1), the commission believes that the record is or may be a duplicate
and the criteria in paragraph (2) are not available or are incomplete, it shall
examine the signature of the applicant or registrant to determine if the record
is a match. If the commission believes that the signatures match, it shall
follow the procedures in paragraph (6).
(4) If the following apply, the commission
shall mail the registrant a request for the information in paragraph (2)(ii)
and (iii):
(i) The records are within a
commission's jurisdiction.
(ii) A
record match is identified under the criteria of paragraph (1).
(iii) The criteria under paragraph (2) are
unavailable or incomplete.
(iv) The
criteria in paragraph (3) are not determined to be a match.
(5) If a record match is
identified under the criteria of paragraphs (1) and (2), the following shall
apply:
(i) If the records are within a
commission's jurisdiction, the record shall be deemed a duplicate and the
commission shall update its registration records to reflect information on the
most recent application. If one of the records is a new application, the
commission shall send a voter identification card to the applicant in
accordance with section 1328(c) of the act (relating to approval of
registration applications).
(ii) If
the record is not within a commission's jurisdiction, the commission shall
notify the commission in the other county of the potential duplicate
registration record. The commission in the former county shall cancel the
registrant's registration record and notify the registrant by nonforwardable
mail on a form approved by the Department that the registrant's registration is
a duplicate and has been cancelled.
(6) If a registration record match is
identified under the criteria of paragraphs (1) and (3), the following shall
apply:
(i) If the records are within a
commission's jurisdiction, the record shall be deemed a duplicate and the
commission shall update its registration records to reflect information on the
most recent application. If one of the records is a new application, the
commission shall send a voter identification card to the applicant in
accordance with section 1328(c) of the act.
(ii) If the records are outside a
commission's jurisdiction, the commission shall notify the commission in the
registrant's former county of residence that the registrant's registration
record may be a duplicate. The commission shall notify the registrant by
nonforwardable mail on a form approved by the Department that the registrant's
registration appears to be a duplicate. If this notice is returned by the
postmaster or not returned by the registrant 30 days prior to the next
election, the commission shall cancel the registrant's registration and notify
the registrant by forwardable mail. In accordance with sections 1501(b)(1) and
1901(d)(1)(i) of the act (relating to removal notices; and removal of
electors), the acceptance of a subsequent application for voter registration in
another county shall serve as confirmation in writing that the registrant has
changed residence to a location outside the county in which the registrant was
registered and thereby loses voter registration status in the former county of
residence. If the registrant returns the notice and the commission is satisfied
with the explanation, no further action is required by the
commission.
(7) If a
record match is identified under the criteria of paragraph (2)(i) or (iii), the
record shall be deemed a duplicate and the following shall apply:
(i) If the records are within a commission's
jurisdiction, the commission shall update its registration records to reflect
information on the most recent application. If one of the records is a new
application, the commission shall send a voter identification card to the
applicant in accordance with section 1328(c) of the act.
(ii) If the records are outside a
commission's jurisdiction, the commission shall notify the commission in the
registrant's former county of residence that the registrant's registration
record is a duplicate and should be cancelled. The commission in the former
county shall cancel the registrant's registration record and notify the
registrant by nonforwardable mail on a form approved by the Department that the
registrant's registration is a duplicate and has been cancelled.
(8) If the following apply, the
commission may not consider the records as duplicates without additional
information. A commission shall obtain additional information by following the
procedures in subsection (c) and other procedures the commission deems
appropriate.
(i) A registration record match
is identified under the criteria of paragraph (1).
(ii) The criteria under paragraph (2) are
unavailable or incomplete.
(iii)
The criteria under paragraph (3) are not determined to be a match.
(b) A commission shall
use the following process for identifying existing duplicate registration
records where a commission's registration record does not contain the most
recent date of application for the potential duplicate:
(1) At a minimum, record matches shall be
identified using a registrant's first and last name as well as date of
birth.
(2) If, upon examining the
criteria in paragraph (1), the commission believes that the record is or may be
a duplicate, it shall use any of the following items, if available, to
determine if the record is a duplicate.
(i)
The unique identifier.
(ii) The
last four digits of a registrant's Social Security number.
(iii) The driver's license number of a
registrant.
(3) If, upon
examining the criteria in paragraph (1), the commission believes that the
record is or may be a duplicate and the criteria in paragraph (2) are not
available or are incomplete, it shall examine the signature of the registrant
to determine if the record is a match. If the commission believes that the
signatures match, it shall follow the procedures in paragraph (5).
(4) If a record match is identified under the
criteria of paragraphs (1) and (2), the commission shall cancel the
registrant's registration record and notify the registrant by nonforwardable
mail on a form approved by the Department that the registrant's registration is
a duplicate and has been cancelled.
(5) If a registration record match is
identified under the criteria of paragraphs (1) and (3), the following shall
apply:
(i) If the records are within a
commission's jurisdiction, the record shall be deemed a duplicate and the
commission shall update its registration records to reflect information on the
most recent application.
(ii) If
the records are outside a commission's jurisdiction, the commission shall
notify the commission in the registrant's former county of residence that the
registrant's registration record may be a duplicate. The commission shall
notify the registrant by nonforwardable mail on a form approved by the
Department that the registrant's registration appears to be a duplicate. If
this notice is returned by the postmaster or not returned by the registrant 30
days prior to the next election, the commission shall cancel the registrant's
registration and notify the registrant by forwardable mail. In accordance with
sections 1501(b)(1) and 1901(d)(1)(i) of the act, the acceptance of a
subsequent application for voter registration in another county shall serve as
confirmation in writing that the registrant has changed residence to a location
outside the county in which the registrant was registered and thereby loses
voter registration status in the former county of residence. If the registrant
returns the notice and the commission is satisfied with the explanation, no
further action is required by the commission.
(6) If a record match is identified under the
criteria in paragraph (2)(i) or (iii), the record shall be deemed a duplicate
and the commission shall cancel the registrant's registration record and notify
the registrant by nonforwardable mail on a form approved by the Department that
the registrant's registration is a duplicate and has been cancelled.
(7) If the following apply, the commission
may not consider the records duplicates without additional information. A
commission shall obtain additional information by following the procedures in
subsection (c) and other procedures the commission deems appropriate:
(i) A registration record match is identified
under the criteria of paragraph (1).
(ii) The criteria under paragraph (2) are
unavailable or incomplete.
(iii)
The criteria under paragraph (3) are not determined to be a match.
(c) A commission shall
use the following method for obtaining additional information to identify
duplicate registration records. The commission shall ask a registrant for the
following information when the commission mails an applicant or registrant
correspondence relevant to the maintenance and accuracy of the voter
registration records, including mailings listed under §
183.4(b)(7)
(relating to uniform procedures for the commissions relating to entering data
into the SURE system) or request for additional information from an applicant:
(1) The registrant's driver's license
number.
(2) The last four digits of
a registrant's social security number.
(3) Verification of the registrant's date of
birth.
(4) Missing information that
is required on the district or general register.
(d) A commission shall use the following
methods for removing duplicate registration records from other sources:
(1) The commission shall implement the
following processes for identifying matches on records containing death notices
received from the Department of Health, in accordance with section 1505 of the
act (relating to death of registrant):
(i) The
Department will transmit the Deceased Voters List to the county of residence on
the SURE system.
(ii) If the record
matches the first and last name, date of birth, and the last four digits of the
registrant's Social Security number, the commission shall cancel the
registrant's registration record. If the record matches at least the first and
last name and date of birth, the commission shall investigate. In its
investigation, the commission may utilize the other sources available at
section 1505(b) of the act to determine if the record should be
cancelled.
(iii) Once a month, the
commission shall run a check against the SURE system to determine if the
Department of Health Deceased Voter's List contains information on voters
registered in its county.
(iv) The
commission shall process the Deceased Voter's List within 10 days of its
receipt and cancel the registration of those registrants that it determines are
deceased in accordance with section 1505 of the act.
(v) Except as provided at section 1505(b) of
the act, a commission cannot remove a registrant simply because an individual,
other than an employee of the office of the register of wills, claims that the
registrant has moved or died. The commission shall have the documentation
listed in section 1505(b) of the act before removing any name from the voter
registration list.
(2) A
commission shall implement the following processes for identifying record
matches on changes of address received from PENNDOT:
(i) The commission shall compare the records
to its registration records on the SURE system.
(ii) The commission shall determine if the
individual is a registrant in its county.
(iii) The commission shall determine from the
SURE system if the change of address is within the jurisdiction of the
commission or outside the jurisdiction of the commission.
(A) For address changes within the
commission's jurisdiction, the commission shall mail a voter identification
card, in accordance with section 1328 of the act, within 10 days of its
receipt. Changes of address made after the voter registration deadline
preceding an election shall be processed within 10 days after the
election.
(B) For address changes
outside the commission's jurisdiction, the SURE system will notify the county
of prior residence. The former commission will process the changes in
accordance with section 1323(c)(4) of the act (relating to application with
driver's license application) and forward the registrant's record and voting
history to the new county of residence if the record is within the former
commission's jurisdiction. A commission shall process the transfer within 10
days in accordance with section 1328 of the act. Changes of address made after
the voter registration deadline preceding an election shall be processed within
10 days after the election.
(iv) If the voter identification card in
subparagraph (iii)(A) is returned by the postmaster, the commission shall use
the following procedures:
(A) The commission
shall complete the applicable items on the AVN and mail it to the registrant at
the new address. The commission shall mail the AVNs first class, forwardable,
return postage guaranteed. The commission shall mark the registrant's
registration record as inactive.
(B) If the registrant does not return the
CAVN-IC within 10 days, the commission shall process the change of address,
making the necessary corrections in the general and district
registers.
(C) If the registrant
returns the CAVN-IC, signed and dated, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission may not change
the address.
(D) If the postmaster
returns the CAVN-IC, the commission shall complete the applicable information
on the AVN and mail it to the registrant's former address in accordance with
section 1901(d)(2) of the act. Because this notice was sent as a result of
information submitted by the registrant to PENNDOT and as a result of mail
being returned by the postmaster as undeliverable, the commission shall check
both corresponding boxes at the top of the notice.
(E) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission shall update the registrant's voter registration record accordingly,
in accordance with section 1901(d)(3) of the act.
(F) If the registrant returns the AVN, signed
and dated, 30 days before the election, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission shall update
the registrant's voter registration record and mark it as active.
(G) The commission shall require a written
affirmation before it permits an inactive registrant to vote in an election
during the time period beginning with the date the AVN is mailed and ending on
the day after the date of the second General Election for Federal office that
occurs after the date of the notice. If the registrant does not vote in an
election during that period, the commission shall cancel the registrant's
registration.
(v) If the
commission determines that a registrant listed on the PENNDOT Change of Address
report has changed his address to another county and is a registered elector in
the county, the commission shall use the following procedures:
(A) The commission shall mail the CAVN-OC to
the registrant at the new address. The Commission shall mail the CAVN-OCs first
class, nonforwardable, return postage guaranteed.
(B) If the registrant does not return the
CAVN-OC within 10 days, the commission shall cancel the registration in its
county and transfer the registrant's voter registration record, including
voting history, to the county to which the registrant has changed the
registrant's address. The commission shall send to the registration office in
the county of the registrant's new residence the information needed to process
the transferred registration record including the registrant's new
address.
(C) If the registrant
returns the CAVN-OC, signed and dated, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission may not change
the address, and the voter registration records shall remain in the
county.
(D) If the postmaster
returns the CAVN-OC, the commission shall complete the applicable information
on the AVN and mail it to the registrant's former address in accordance with
section 1901(d)(2) of the act. Because this notice was sent as a result of
information submitted by the registrant to PENNDOT and as a result of mail
being returned by the postmaster as undeliverable, the commission shall check
both corresponding boxes at the top of the notice. The commission shall name
the registrant's voter registration record as inactive.
(E) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission shall cancel the registrant's voter registration. The commission
shall maintain the record for 5 years in accordance with section 1904(a) of the
act.
(F) If the registrant returns
the AVN, signed and dated, 30 days before the election, with an explanation of
why the registrant's address should not be changed for voter registration
purposes and the commission is satisfied with the explanation, the commission
shall update the registrant's voter registration record and mark it as
active.
(G) The commission shall
require a written affirmation before it permits a registrant to vote in an
election during the time beginning with the date the AVN is mailed and ending
on the day after the date of the second General Election for Federal office
that occurs after the date of the notice. If the registrant does not vote in an
election during that period, the commission shall cancel the registrant's
registration.
(vi) If
the commission determines that registrants identified on the PENNDOT Change of
Address Report have changed their residence to another state and are registered
voters in the county, the commission shall implement the following procedures:
(A) The commission shall complete the
applicable information on the AVN and mail it to the registrant's former
address in accordance with section 1901(d)(2) of the act. The commission shall
check the box at the top of the notice indicating that the notice was sent as a
result of information submitted by the registrant to PENNDOT. The commission
shall mark the registrant's registration record as inactive.
(B) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission shall cancel the registrant's voter registration. The commission
shall maintain the record for 5 years in accordance with section 1904(a) of the
act (relating to files).
(C) If the
registrant returns the AVN, signed and dated, 30 days before the election, with
an explanation of why the registrant's address should not be changed for voter
registration purposes and the commission is satisfied with the explanation, the
commission shall update the registrant's registration record and mark it as
active.
(D) The commission shall
require a written affirmation before it permits a registrant to vote in an
election during the time period beginning with the date the AVN is mailed and
ending on the day after the date of the second General Election for Federal
office that occurs after the date of the notice. If the registrant does not
vote in an election during that period, the commission shall cancel the
registrant's registration.
(3) A commission shall implement the
following processes for identifying matches on records obtained from a NCOA
conducted by the commission in accordance with section 1901(b)(1)(i) of the
act:
(i) Within 1 year of certification by
the Secretary that all counties have been connected to the SURE system, and at
least once per year thereafter, the Department will purchase the NCOA
list.
(ii) The Department will
compare the list to the SURE system database.
(iii) The SURE system will determine if the
data contains a registered voter, and, if so, in what county.
(iv) The Department will notify the
commission of the address change.
(v) The commission shall send appropriate
mailings in accordance with section 1901(b)(1) of the act.
(vi) The commission shall maintain the status
of the mailing and response, including the dates, on the SURE system.
(vii) The commission, if it chooses, may
purchase the NCOA list for processing this voter removal program.
(4) A commission shall identify
matches on records for changes of address within the same county based on
information obtained from the NCOA program, in accordance with section
1901(b)(1)(i) of the act. In the case of registrants whose mailing is not
returned by the United States Postal Service (Postal Service), the commission
is not required to take any further action. If a mailing to a registrant is
returned by the Postal Service, the commission shall categorize the returned
mail into one of two categories: returned mail with information from the Postal
Service indicating a change of address within the county and returned mail with
information from the Postal Service indicating a change of address outside the
county or with no further address information available.
(i) The commission shall update the
registrant's voter registration records to indicate the new address. The
commission shall complete a NCA and send it to the registrant's prior address
by forwardable mail with a postage prepaid preaddressed return form.
(ii) If the registrant returns the NCA,
signed and dated, verifying the change of address, the commission is not
required to take any further action because the registrant's voter registration
records have already been updated.
(iii) If the registrant returns the NCA,
signed and dated, with an explanation of why the registrant's address should
not be changed for voter registration purposes and the commission is satisfied
with the explanation, the commission shall correct the voter registration
records accordingly.
(iv) If the
postmaster returns the NCA or if the registrant does not return the NCA, the
commission shall complete, mark and mail an AVN to the registrant's former
address in accordance with section 1901(d)(2) of the act.
(v) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission is not required to take any further action because the registrant's
voter registration records have already been updated.
(vi) If the registrant returns the AVN,
signed and dated, 30 days before the election, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission shall correct
the voter registration records accordingly.
(vii) If the registrant does not return the
AVN 30 days before the election or if it is returned by the Postal Service as
undeliverable, the commission shall mark as inactive the registrant's voter
registration card or mark the individual's record on the SURE system as
inactive. The cards and records marked as inactive shall constitute the
inactive file of registered voters for the county. The commission shall include
these cards with the other registration cards sent to the precincts on election
day.
(viii) The commission shall
require a written affirmation before it permits an inactive registrant to vote
in an election during the time beginning with the date the AVN is mailed and
ending on the day after the date of the second General Election for Federal
office that occurs after the date of the notice. If the registrant does not
vote in an election during that period, the commission shall cancel the
registrant's registration.
(5) A commission shall implement the
following procedures for identifying matches on records to an address outside
the county obtained from a NCOA, in accordance with section 1901(b)(1)(i) of
the act. In the case of registrants whose mailing is not returned by the Postal
Service, the commission is not required to take any further action. If a
mailing to a registrant is returned by the Postal Service, the commission shall
categorize the returned mail into one of two categories: returned mail with
information from the Postal Service indicating a change of address within the
county and returned mail with information from the Postal Service indicating a
change of address outside the county or with no further address information
available.
(i) The commission shall complete
the applicable information on the NCA and send it to the registrant's prior
address by forwardable mail with a postage prepaid preaddressed return form by
which the registrant may verify or correct the address information as required
by section 1901(b)(1)(ii) of the act.
(ii) If the registrant returns the NCA,
signed and dated, verifying the change of address, the commission shall cancel
the registrant's voter registration.
(iii) If the registrant returns the NCA,
signed and dated, with an explanation of why the registrant's address should
not be changed for voter registration purposes and the commission is satisfied
with the explanation, the commission may not change the registrant's voter
registration.
(iv) If the
postmaster returns the NCA or if the registrant does not return the NCA, the
commission shall complete, mark and mail an AVN, to the registrant's former
address in accordance with section 1901(d) of the act.
(v) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission shall cancel the registrant's voter registration.
(vi) If the registrant returns the AVN,
signed and dated, 30 days before the election, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission may not change
the address.
(vii) If the
registrant does not return the AVN 30 days before the election or if it is
returned by the Postal Service as undeliverable, the commission shall mark as
inactive the registrant's voter registration card. The commission shall include
the cards with the other registration cards sent to the precincts on election
day.
(viii) The commission shall
require a written affirmation before it permits an inactive registrant to vote
in an election during the time beginning with the date the AVN is mailed and
ending on the day after the date of the second General Election for Federal
office that occurs after the date of the notice. If the registrant does not
vote in an election during that period, the commission shall cancel the
registrant's registration.
(6) The commission may, as one of its
mandatory voter removal programs, establish a program to maintain the accuracy
of voter registration records for the county by sending a direct,
nonforwardable first class "Return If Undeliverable-Address Correction
Requested" mailing to the registrants in the county whose registration records
are not marked as inactive. A commission shall implement the following
procedures for identifying matches on records where the commission ascertains
that a registrant has changed his address to an address within the county based
on information supplied by the postmaster from a returned CM, conducted by the
commission in accordance with section 1901(b)(1)(ii) of the act:
(i) The commission shall update the
registrant's voter registration records to indicate the new address. The
commission shall complete the applicable information on the NCA and send it to
the registrant's prior address by forwardable mail with a postage prepaid
preaddressed return form by which the registrant may verify or correct the
address information, as required by section 1901(b)(1) of the act.
(ii) If the registrant returns the NCA,
signed and dated, verifying the change of address, the commission is not
required to take any further action because the registrant's voter registration
records have already been updated.
(iii) If the registrant returns the NCA,
signed and dated, with an explanation of why the registrant's address should
not be changed for voter registration purposes and the commission is satisfied
with the explanation, the commission shall correct the voter registration
records accordingly.
(iv) If the
postmaster returns the NCA or if the registrant does not return the NCA, the
commission shall complete, mark and mail an AVN to the registrant's former
address in accordance with section 1901(d) of the act.
(v) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission is not required to take any further action because the registrant's
voter registration records have already been updated.
(vi) If the registrant returns the AVN,
signed and dated, 30 days before the election, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission shall correct
the voter registration records accordingly.
(vii) If the registrant does not return the
AVN 30 days before the election or if it is returned by the Postal Service as
undeliverable, the commission shall mark the record as inactive on the
registrant's voter registration card. The cards marked as inactive shall
constitute the inactive file of registered voters for the county. The
commission shall include these cards with the other registration cards sent to
the precincts on election day.
(viii) The commission shall require a written
affirmation before it permits an inactive registrant to vote in an election
during the time period beginning with the date the AVN is mailed and ending on
the day after the date of the second General Election for Federal office that
occurs after the date of the notice. If the registrant does not vote in an
election during that period, the commission shall cancel the registrant's voter
registration
(7) A
commission shall implement the following procedures for identifying matches on
records where the commission ascertains that a registrant has changed his
address to an address outside the county based on information supplied by the
Postal Service from a returned CM, conducted by the commission in accordance
with section 1901(b)(1)(ii) of the act, or if no further address information is
available:
(i) The commission shall complete
the applicable information on the NCA and send it to the registrant's prior
address by forwardable mail with a postage prepaid preaddressed return form by
which the registrant may verify or correct the address information as required
by section 1901(b)(1) of the act.
(ii) If the registrant returns the NCA,
signed and dated, verifying the change of address, the commission shall cancel
the registrant's voter registration.
(iii) If the registrant returns the NCA,
signed and dated, with an explanation of why the registrant's address should
not be changed for voter registration purposes and the commission is satisfied
with the explanation, the commission may not change the registrant's voter
registration.
(iv) If the
postmaster returns the NCA or if the registrant does not return the NCA, the
commission shall complete and mail an AVN to the registrant's former address in
accordance with section 1901(d) of the act.
(v) If the registrant returns the AVN, signed
and dated, 30 days before the election, confirming the change of address, the
commission shall cancel the registrant's voter registration.
(vi) If the registrant returns the AVN,
signed and dated, 30 days before the election, with an explanation of why the
registrant's address should not be changed for voter registration purposes and
the commission is satisfied with the explanation, the commission may not change
the address.
(vii) If the
registrant does not return the AVN 30 days before the election or if it is
returned by the Postal Service as undeliverable, the commission shall mark
inactive the registrant's voter registration card. The commission shall include
these cards with the other registration cards sent to the precincts on election
day.
(viii) The commission shall
require a written affirmation before it permits an inactive registrant to vote
in an election during the time beginning with the date the AVN is mailed and
ending on the day after the date of the second General Election for Federal
office that occurs after the date of the notice. If the registrant does not
vote in an election during that period, the commission shall cancel the
registrant's voter registration.
(8) A commission shall report duplicate
applications in categories according to the agency or method by which the
duplicate was generated.
This section cited in 4 Pa. Code §
183.11 (relating to
records).