Section 183.18. Enforcement authority of the Department

(a) The Department will review the compliance of the 67 commissions and those responsible for providing voter registration opportunities under the act. If an audit is conducted during a calendar year, the Department will make a public report on the audit which will be included in the annual report to the General Assembly on compliance with the act. The Department will require responses and clarification from a commission, or any entity required to provide voter registration under the act, for the Secretary to determine if the commission or any entity is in compliance with any part of the act. The Department will have complete access to the registration records for monitoring and enforcing compliance with the act or this chapter. A commission shall supply the Department with the relevant documents concerning an inquiry within 10 days of receipt of the Department’s inquiry. If a commission fails to respond or provides an incomplete response, the Secretary may take the actions specified in Chapter 18 of the act (relating to enforcement). If the Secretary determines that a commission is not in compliance, the Secretary may take the actions specified in Chapter 18 of the act. The investigations and materials provided, except those required to remain confidential according to the act and this chapter, shall be available during and after the inquiry, for public inspection and shall be maintained for 2 years. The Department will require the commission to be in full compliance no later than 30 days preceding an election.

(b) The Department will investigate the complaints filed with the Department regarding a commission’s compliance with the act or this chapter, and the Secretary may take the actions specified in Chapter 18 of the act.

(c) If a commission does not comply with the act or this chapter, the Secretary may take the actions specified in Chapter 18 of the act.

The provisions of this § 183.18 adopted December 27, 2002, effective January 27, 2003, 32 Pa.B. 6340.