AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act Concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in preparation for and conduct of primaries and
12elections, further providing for peace officers and no peace
13officers within 100 feet of polling place.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 1207 of the act of June 3, 1937
17(P.L.1333, No.320), known as the Pennsylvania Election Code,
18amended July 1, 1976 (P.L.523, No.124) and repealed in part
19October 9, 2009 (P.L.494, No.49), is amended to read:

20Section 1207. Peace Officers; No Police Officer to Be Within
21One Hundred Feet of Polling Place; Exceptions; Presence of
22Soldiers Prohibited.--The election officers, or any three

1qualified electors of any election district, may call upon any
2mayor, chief burgess, sheriff, deputy sheriff, constable, deputy
3constable, or police officer, to clear an avenue to the door of
4any polling place which is obstructed in such a way as to
5prevent electors from approaching, or to maintain order and
6quell any disturbance, if such arises. No police officer in
7commission[, whether] and in uniform [or in citizen's clothes,]
8shall be within one hundred feet of a polling place during the
9conduct of any primary or election, unless in the exercise of
10his privilege of voting, or for the purpose of serving warrants,
11or unless called upon to preserve the peace, as provided by this
12act: Provided, however, That such prohibition shall not apply to
13such police officers assigned to a police station or
14headquarters located in a building or on the premises where the
15polling place is located and such police officers must be within
16one hundred (100) feet of the polling place to enter and exit
17such police station or headquarters: And provided further, That
18in no event may any police officer unlawfully use or practice
19any intimidation, threats, force or violence nor, in any manner,
20unduly influence or overawe any elector or prevent him from
21voting or restrain his freedom of choice, nor may any such
22police officer in uniform electioneer or directly or indirectly
23attempt to influence the election or electors while within one
24hundred (100) feet of a polling place as herein set forth: And
25provided further, That where polling places are located in
26buildings or on premises where a police station or headquarters
27are located, the polling place shall be located in a separate
28room. No body of troops in the Army of the United States or of
29this Commonwealth shall be present, either armed or unarmed, at
30any place of election within this Commonwealth during the time

1of any primary or election: Provided, however, That no officer
2or soldier shall be prevented from exercising the right of
3suffrage in the election district in which he resides, if
4otherwise qualified.

5Section 2. This act shall take effect in 60 days.