§ 183.14. Public information lists.

 (a)  Subject to the exceptions in subsection (c), a commission or the Department will provide replies to inquiries concerning individual registrants that are submitted on a form prescribed by the Department. The list will reflect voter activity reported to the commission and the Department within 30 days preceding an election. The commission and the Department will prepare updates to the list on at least a biweekly basis. With respect to the inquiry, the commission or the Department will provide the following information:

   (1)  The name of the registrant.

   (2)  The address of the registrant.

   (3)  The date of birth of the registrant.

   (4)  The voting history of the registrant.

 (b)  A commission and the Department will make copies of the public information lists available for public inspection during business hours, subject to reasonable safeguards, including:

   (1)  A commission and the Department will maintain a form prescribed by the Department that includes the name, address and telephone number of an individual who inspects or obtains a copy of the public information list, as well as verification that a commission or Department official confirmed the identification of the individual requesting access to the list or its duplication. This form will not be available for public inspection or copying.

   (2)  No individual inspecting the public information list may tamper with, alter, destroy or remove it from the premises of a commission or the Department.

   (3)  A commission and the Department will require that a commissioner or an authorized commission or Department employee is able to observe the record or document at all times while it is being inspected and safeguard it against alteration, destruction or removal.

   (4)  No individual who inspects the public information list, obtains a copy of the public information list or who acquires names of registrants from the list may use the information contained in the list for purposes unrelated to elections, political activities or law enforcement, as required by section 1404(b)(3) and (c)(2) of the act (relating to public information lists).

   (5)  Before inspecting the public information list or obtaining names of registered electors or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing on a form prescribed by the Department that any information obtained from the list will not be used for purposes unrelated to elections, political activities or law enforcement, as required by section 1404(b)(3) and (c)(2) of the act.

 (c)  The following items may not be made available for public inspection or photocopying:

   (1)  The signature of a registrant or applicant, as provided at section 1404(a) of the act.

   (2)  The identity of a voter registration agency through which a registrant is registered, as provided by 42 U.S.C.A. §  1973gg-6(a)(6), known as the National Voter Registration Act.

   (3)  The registrant’s unique identifier, a registrant’s or applicant’s driver’s license number and the last four digits of a registrant’s or applicant’s Social Security number.

   (4)  The home addresses of the following categories of applicants or registrants submitting proof of their employment, who may provide an alternate mailing address, such as an office address, under section 1327(a)(1)(iii) of the act (relating to preparation and distribution of applications), which the commission shall then make available to the public on public information lists. A commission shall adopt procedures designed to ensure that the confidentiality of these home addresses is maintained. A commission shall inform the Department of the home address designated as confidential under this section. A request may be submitted at any time and shall be subject to renewal in accordance with subsection (f).

     (i)   ‘‘Peace officers,’’ as defined in 18 Pa.C.S. §  501 (relating to definitions), including ‘‘parole officers,’’ as defined in the act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. §  331.27) and ‘‘Federal law enforcement officers,’’ as defined in 18 U.S.C.A. §  115(c)(1);

     (ii)   ‘‘Correctional employees,’’ as defined in section 2 of the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act (24 P. S. §  7202), and correction officers, as defined in 71 Pa.C.S. §  5102 (relating to definitions).

     (iii)   ‘‘Judicial officials,’’ as defined in 18 Pa.C.S. §  4953.1(c) (relating to retaliation against prosecutor or judicial official) and United States judges, as defined in 18 U.S.C.A. §  115(c)(3).

     (iv)   All state prosecutors, as defined at 18 Pa.C.S. §  4953.1(c), and investigators employed by prosecutors, including prosecutors and investigators employed by the Attorney General.

   (5)  The home addresses of the following categories of applicants, qualified electors or registrants, who may apply in writing on a form approved by the Department to the commission to be permitted to provide an alternate mailing address, such as an office address, under section 1327(a)(1)(iii) of the act, which the commission shall then make available to the public on public information lists. The commission, in determining whether to grant the request for confidentiality of the home address, shall consider the explanation provided, review the documentation submitted and verify, to the extent possible, the veracity of the explanation and documentation. Once a commission decides to make the home address of a registrant confidential, the commission shall promptly inform the registrant and the Department of the home address designated as confidential under this section. A commission shall adopt procedures for ensuring that the confidentiality of the home addresses of these registrants is maintained. A request may be submitted at any time and shall be subject to renewal in accordance with subsection (f).

     (i)   Individuals who have received Protection from Abuse orders for their own personal safety, in accordance with 23 Pa.C.S. § §  6102 and 6108 (relating to definitions; and relief).

     (ii)   Individuals who have been granted a protection order due to being stalked, or who have been a victim of the crime of stalking when the defendant has been convicted of stalking, as defined in 18 Pa.C.S. §  2709(b) (relating to harassment and stalking).

     (iii)   Other individuals who can demonstrate that their personal safety is endangered by revealing their home address.

   (6)  The Deceased Voters List, which is received by the commission from the Department of Health in accordance with section 1505 of the act (relating to death of registrant).

 (d)  For those registrants choosing to provide an alternate mailing address under subsection (c)(4) and (5) and for those registrants granted permission by the commission to provide an alternate mailing address, a commission shall inform the registrants that they shall notify the commission within 30 days of any change in their status and the consequences for their failure to do so. If a registrant does not inform the commission within 30 days of a change in the registrant’s status, the commission may publish the registrant’s home address on a public information list without following the requirements in subsection (f). The commission shall review at least biannually the home addresses designated as confidential under this section and report to the registrant and the Department any changes that it makes to these records. The commission and its employees shall be immune from prosecution if they negligently release the confidentiality of a home address for those registrants listed in subsection (c)(4) and (5).

 (e)  The commission shall grant access to a registrant’s home address that is considered confidential under subsection (c)(4) or (5), if the information is requested by a law enforcement agency or Federal or State court.

 (f)  If a commission decides to rescind the confidentiality of a home address for a registrant based upon information received from the registrant provided under subsection (d), the commission shall notify the registrant and provide the registrant the opportunity to do one of the following:

   (1)  Address the commission in writing or in person.

   (2)  Rescind the registrant’s voter registration.

 (g)  When a commission rejects an application under subsection (f), the registrant may appeal the decision to the court of common pleas in the county in which the registrant resides.

 (h)  During SURE system conversion periods or emergency conditions, access to the list may be postponed temporarily.

 (i)  Within 10 days of receiving a written request accompanied by the payment of the cost of reproduction and postage, the Department or a commission will distribute the public information list to any registrant in this Commonwealth for a reasonable fee, determined by the office providing the copies, as provided by section 1404(c)(1) of the act (relating to public information lists).

 (j)  The Department and a commission will supply the public information list in a paper copy or in an electronic format.

 (k)  The list may not be published on the Internet.

Source

   The provisions of this §  183.14 adopted December 27, 2002, effective January 27, 2003, 32 Pa.B. 6340.

Cross References

   This section cited in 4 Pa. Code §  183.10 (relating to standardized forms); 4 Pa. Code §  183.11 (relating to records); and 4 Pa. Code §  183.12 (relating to retention of records).

   



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