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," further providing for powers and duties of the
12Secretary of the Commonwealth and for appointment of
13watchers.

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

16Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
17No.320), known as the Pennsylvania Election Code, is amended by
18adding a subsection to read:

19Section 201. Powers and Duties of the Secretary of the
20Commonwealth.--The Secretary of the Commonwealth shall exercise
21in the manner provided by this act all powers granted to him by
22this act, and shall perform all the duties imposed upon him by
23this act, which shall include the following:

1* * *

2(f.3) To develop a mandatory professional certification and
3poll watcher training program for use by county election
4officials in consultation with county boards. Each poll watcher
5shall attend at least one training class provided by the county
6of residence before each election at which the watcher will
7serve. A certificate of training shall be provided to a poll
8watcher at the successful completion of training. The
9certificate must be presented by the poll watcher at the polling
10place before poll watching to verify training.

11* * *

12Section 2. Section 417(b) of the act, amended October 8,
132004 (P.L.807, No.97), is amended to read:

14Section 417. Appointment of Watchers.--

15* * *

16(b) Each watcher so appointed must be a qualified registered
17elector of the county in which the election district for which
18the watcher was appointed is located. Each watcher so appointed
19shall be authorized to serve only in the election district for
20which the watcher was appointed[ and, when the watcher is not
21serving in the election district for which the watcher was
22appointed, in any other election district in the county in which
23the watcher is a qualified registered elector]: Provided, That
24only one watcher for each candidate at primaries, or for each
25party or political body at general, municipal or special
26elections, shall be present in the polling place at any one time
27from the time that the election officers meet prior to the
28opening of the polls under section 1208 until the time that the
29counting of votes is complete and the district register and
30voting check list is locked and sealed, and all watchers in the

1room shall remain outside the enclosed space. [It shall not be a
2requirement that a watcher] A watcher must be a resident of the
3election district for which the watcher is appointed. After the
4close of the polls and while the ballots are being counted or
5voting machine canvassed, all the watchers shall be permitted to
6be in the polling place outside the enclosed space. Each watcher
7shall be provided with a certificate from the county board of
8elections, stating his name and the name of the candidate, party
9or political body he represents. Watchers shall be required to
10show their certificates when requested to do so. Watchers
11allowed in the polling place under the provisions of this act,
12shall be permitted to keep a list of voters and shall be
13entitled to challenge any person making application to vote and
14to require proof of his qualifications, as provided by this act.
15During those intervals when voters are not present in the
16polling place either voting or waiting to vote, the judge of
17elections shall permit watchers, upon request, to inspect the
18voting check list and either of the two numbered lists of voters
19maintained by the county board: Provided, That the watcher shall
20not mark upon or alter these official election records. The
21judge of elections shall supervise or delegate the inspection of
22any requested documents.

23* * *

24Section 3. This act shall take effect in 60 days.