2010 Pennsylvania Code
Title 25 - ELECTIONS
Chapter 12 - Registration System
1204 - Commission staff.

     § 1204.  Commission staff.
        (a)  Counties of the first class.--
            (1)  A commissioner may act as registrar or inspector of
        registration.
            (2)  The commission has the power to assign assistants,
        employees or clerks to act as registrars or inspectors of
        registration. Individuals assigned under this paragraph shall
        not receive additional compensation for service as registrars
        or inspectors.
            (3)  Appointments shall be as follows:
                (i)  The commission shall annually appoint at least
            two registrars for each registration place. Not more than
            one-half of the number of registrars appointed annually
            for each registration place may be members of the same
            political party.
                (ii)  Registrars appointed must be qualified electors
            of the election district or ward for which they have been
            appointed, must be of good moral character, must not have
            been convicted of a crime and must be familiar with the
            qualifications of electors and the duties of the
            registrars. No individual who holds or is a candidate for
            public office or party office may be appointed to or hold
            any office or employment under any commission except as
            otherwise provided by this part.
                (iii)  Appointments shall be as follows:
                    (A)  The commission shall provide 15 days' notice
                for submission of candidates.
                    (B)  The city chairs of the party having polled
                the highest and the second highest vote in this
                Commonwealth at the last preceding gubernatorial
                election may file with the commission a written list
                of names of members of the party whom the chair
                recommends for appointment as registrars. Lists must
                contain the name, address, qualifications and
                occupation of each individual recommended and shall
                be open to public inspection in the office of the
                commission.
                    (C)  The commission shall appoint individuals
                from the list as registrars representing the parties.
                If more candidates are recommended by a chair than
                the party is entitled to have appointed, the
                commission shall appoint those candidates from the
                list whom the commission finds to be qualified under
                this section. If there are not sufficient candidates
                qualified to serve recommended by a chair, the
                commission may appoint other individuals whom the
                commission believes qualified.
                    (D)  If a vacancy occurs in the office of
                registrar, the commission shall fill the vacancy by
                appointing an elector of the district or ward, as the
                case may be, who is qualified under subparagraph (ii)
                and who is a registered and enrolled member of the
                same political party as the registrar whose office
                was vacated. The vacancy appointment shall be made in
                the same manner as the initial appointment.
                (iv)  Registrars appointed have the power to register
            the qualified electors of the election district or ward
            and, in so doing, to administer oaths and affirmations.
            Registrars appointed shall perform all other duties
            imposed on registrars by this part and by the commission.
                (v)  Nothing in this subsection shall prevent a
            registrar from serving as a registrar in a ward or
            division of the city or prevent the commission from
            assigning a registrar to register voters in a ward or
            division of the city.
                (vi)  Except as provided in paragraph (1), each
            registrar shall receive compensation set by the
            commission for each day during which the registrar is
            engaged in the active performance of duties as registrar.
                (vii)  The commission shall designate the duties to
            be performed by appointed registrars.
            (4)  Any insertion or removal of names or other
        information in registers or an amendment of registration
        records done by any employee, registrar or inspector by order
        of the commission shall be construed to be an action of the
        commission. It is the duty of the commission to correct any
        error in such action.
            (5)  Before exercising a power of office, a registrar or
        inspector of registration assigned under paragraph (2) or
        appointed under paragraph (3) must comply with all of the
        following:
                (i)  Take an oath or affirmation of office as
            prescribed by the commission.
                (ii)  Receive from the commission a certificate of
            appointment setting forth name and address, date of
            appointment and the length of appointment.
            (6)  The commission may annually designate registration
        places in the wards.
            (7)  The commission may appoint employees necessary to
        perform the functions of the office and to register the
        voters of the city. Employees shall be paid compensation as
        set by the commission.
            (8)  Removal shall be as follows:
                (i)  The commission has the power to remove any
            employee, inspector, registrar or other officer appointed
            or employed by it. No registrar appointed under paragraph
            (3) may be removed except for cause.
                (ii)  A qualified elector of the city may appear
            before the commission and show that a registrar assigned
            under paragraph (2) or appointed under paragraph (3) does
            not possess the qualifications requisite for the
            performance of duties of office or has violated this
            part. If, after public hearing, the commission finds the
            charges brought to be true, the commission shall remove
            the registrar.
            (9)  An inspector of registration has the authority to
        investigate all matters regarding voter registration and to
        make recommendations to the commission.
            (10)  The commission may employ counsel. Counsel shall
        advise the commission regarding its powers and duties, the
        rights of individuals and the best methods of legal procedure
        for carrying out this part and shall appear for and represent
        the commission on all appeals under sections 1602 (relating
        to court of common pleas) and 1603 (relating to commission
        duties). The amount of compensation for counsel shall be set
        by the city commissioners.
            (11)  Employees and clerks of the commission shall be
        privileged from arrest while acting as registrars.
        Commissioners and inspectors of registration shall be
        privileged from arrest while performing their duties except
        upon warrant of a court of record for a felony, for wanton
        breach of the peace or for a criminal violation of this part.
        (b)  Counties of the second through eighth classes.--
            (1)  The registration commission shall appoint a chief
        clerk who may be the chief clerk of the county commissioners.
        The chief clerk has authority to administer oaths and to sign
        vouchers.
            (2)  Registrars and inspectors of registration must be
        qualified electors of the county. Registrars and inspectors
        of registration shall receive compensation, either on a per
        diem basis for time actually employed or on the basis of work
        actually done, as fixed by the salary board of the county. No
        registrar or inspector of registration may exercise any power
        of office until taking an oath or affirmation of office
        prescribed by the commission and receiving from the
        commission a certificate of appointment setting forth name
        and address, date of appointment and length of appointment.
            (3)  Other staff shall be as follows:
                (i)  A commission may appoint assistants and
            employees as necessary to carry out this part and may
            remove them. The number and compensation of assistants
            and employees shall be fixed by the salary board of the
            county. A commission may appoint employees of the county
            to act for the commission without additional
            compensation.
                (ii)  The employees to be appointed by a commission
            include:
                    (A)  Registrars or clerks who are empowered to
                register the qualified electors of the county and, in
                so doing, to administer oaths and affirmations.
                    (B)  Inspectors of registration who have
                authority to investigate all matters regarding voter
                registration and to make recommendations to the
                commission.
            (4)  The county solicitor shall be counsel for the
        commission and shall receive no compensation in addition to
        compensation as county solicitor. Counsel shall advise the
        commission regarding its powers and duties and the rights of
        individuals and concerning the best methods of legal
        procedure for carrying out this part and shall appear for and
        represent the commission on appeals taken from its decisions
        or orders.
            (5)  Any insertion or removal of names or other
        information in registers and the amendment of registration
        records done by any employee of a commission or by order of a
        commission shall be construed to have been done by the
        commission. The commission shall be responsible for the
        correction of errors.
            (6)  No individual who holds or is a candidate for public
        or party office may be appointed to or hold any office or
        employment under any commission except as otherwise provided
        by this part.
            (7)  Commissioners, registrars and inspectors of
        registration shall be privileged from arrest while performing
        their duties except upon warrant of a court of record for a
        felony, for wanton breach of the peace or for a criminal
        violation of this part.
            (8)  A commissioner or the chief clerk may act as
        registrar or inspector of registration. When acting under
        this subsection, the commissioner or chief clerk has the
        powers and duties conferred by law upon registrars and
        inspectors of registration.