Section 183.12. Retention of records

(a) Maintenance and destruction of forms used by government agencies to provide voting information.

(1) The declination form shall be preserved in the agency for 22 months from the date the agency receives it.

(2) The agency shall forward the completed voter registration application form to the appropriate commission in accordance with sections 1323(c) and 1325(f) of the act (relating to application with driver’s license application; and government agencies), as appropriate. The applicant may request that the agency submit the completed voter registration application form on the applicant’s behalf.

(b) Maintenance and destruction of the district register.

(1) A commission shall preserve the district registers for each election used prior to the commission’s connection to the SURE system 5 years after the commission is connected to the SURE system, after which time, the commission shall destroy the district register.

(2) After a commission is connected to the SURE system, the commission shall use the district registers generated by the SURE system as the district registers are updated on the SURE system.

(c) Maintenance of voter registration cards.

(1) After a commission is connected to the SURE system, it shall transfer data from any new voter registration cards it receives to the SURE system within 14 days in accordance with § 183.7 (relating to uniform procedures for the commission relating to the manner and time frame for updating information in the SURE system).

(2) The commission shall maintain voter registration cards it receives after connection to the SURE system for 90 days after one general or municipal election.

(d) Maintenance and destruction of other records:

(1) A commission shall maintain the records that a commission attached to a registrant’s record in accordance with § 183.4(c)(1) (relating to uniform procedures for the commissions relating to entering data into the SURE system) for 90 days after the registrant votes in any primary or election.

(2) A commission shall maintain for 2 years the following records, after which time, the commission shall destroy the records:

(i) One original of a list maintenance mailing made in accordance with section 1901 of the act (relating to removal of electors). This list shall include one example of the items in the mailing and a list of the recipients of the mailing. The commission shall make this list available for public inspection and copying in accordance with § 183.14 (relating to public information lists).

(ii) All returned mailings from registrants under section 1901 of the act, time-stamped and arranged by district and alphabetically by last name. The commission shall note the status of the response in the registrant’s record on the SURE system within 10 days of its receipt. The commission shall make this list available for public inspection and copying in accordance with the provisions of § 183.14. However, the signature of a registrant may not be photocopied.

(iii) All miscellaneous records concerning activities conducted for the purpose of determining the accuracy of official lists of registered voters.

(iv) Records relative to mailings and responses to mailings conducted in accordance with section 1501 of the act (relating to removal notices).

(v) The Deceased Voters List containing the name, address, date of birth and date of death of registrants in accordance with section 1505 of the act (relating to death of registrant).

(vi) Lists of the names of registrants who were mailed notices prior to cancellation of their voter registration, in accordance with section 1405(b)(2) of the act (relating to retention of records).

(vii) Records in accordance with section 1405(b)(1) of the act.

(3) A commission shall maintain the following records for 5 years, after which time, the commission shall destroy the records:

(i) All records of registrants whose voter registration has been cancelled. In accordance with section 1904(a) of the act (relating to files), a commission shall remove registration records pertaining to a registrant whose registration is cancelled. The commission shall mark on the registration records of a cancelled registrant the word ‘‘cancelled’’ and the date and cause of cancellation. Removed records shall be retained separate from registrants for 5 years, after which time, the commission shall no longer maintain removed records of cancelled registrants.

(ii) Affidavits, affirmations, declarations and other records relative to cancelled registrants.

(iii) Records referenced in subsection (c)(2) and paragraph (1).

(iv) PENNDOT Change of Address Reports, Transaction Control Sheets and the other miscellaneous records relative to activities conducted for the purpose of determining the accuracy of the official list of registrants.

(v) Except as provided in paragraph (2)(ii), records relative to mailings conducted in accordance with section 1901 of the act (relating to removal of electors).

(vi) Affirmations and other records relative to section 1902 of the act (relating to procedure for voting following failure to return notification card).

(vii) Voter Registration Activity Reports forwarded from the county voter registration offices to the Department in accordance with section 1406 of the act (relating to reports).

(viii) Other nonessential miscellaneous voter registration records as determined by the commission.

(ix) Voter registration totals.

(4) A commission shall retain its paper voter registration records relative to the conversion to the SURE system until January 1, 2005, or until the Secretary has certified that the commission is converted to the SURE system, whichever comes first. After this date or the certification, the commission shall destroy its paper records within 90 days.

(5) A commission shall retain permanently minutes of meetings of the commission for administrative, legal and historical purposes.

The provisions of this § 183.12 adopted December 27, 2002, effective January 27, 2003, 32 Pa.B. 6340.