Trial Engrossment of Amendment A09794 to House Bill 0029 P.N. 0034, Regular Session 2015-2016

A09794

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2015

INTRODUCED BY SACCONE, BARRAR, GILLEN, McGINNIS, GABLER,

EVERETT, METCALFE, TRUITT AND GIBBONS, JANUARY 21, 2015

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 21, 2015

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in district election officers, further providing

for compensation of district election officers and for

appointment of watchers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 417(b) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

amended October 8, 2004 (P.L.807, No.97), is amended to read:

Section 1. Section 412.2(a) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

amended May 12, 2006 (P.L.178, No.45), is amended and the

section is amended by adding a subsection to read:

Section 412.2. Compensation of District Election Officers.--

(a) [In] Prior to January 1, 2017, and thereafter for the

purposes of calculations in subsection (c), in all counties

regardless of class, the compensation of judges of election,

inspectors of election, clerks and machine operators shall be

fixed by the county board of elections for each election in

accordance with the following:

Election Officers Minimum Maximum

Compensation Compensation

Judges of election $75 $200

Inspectors of election $75 $195

Clerks and machine operators $70 $195

(a.1) Beginning January 1, 2017, in all counties regardless

of class, the compensation of judges of election, inspectors of

election, clerks and machine operators shall be established at

the discretion of the county board of elections under subsection

election in accordance with the following, whichever is greater:

Election Officers Hourly Wage

Judges of election $10.10 per hour

Inspectors of election $10.10 per hour

Clerks and machine operators $10.10 per hour

* * *

Section 2. Section 417(b) of the act, amended October 8,

2004 (P.L.807, No.97), is amended to read:

Section 417. Appointment of Watchers.--

* * *

(b) Each watcher so appointed must be a qualified registered

elector of [the county in which the election district for which

the watcher was appointed is located] this Commonwealth. Each

watcher so appointed shall be authorized to serve in the

A09794 - 2 -

election district for which the watcher was appointed and, when

the watcher is not serving in the election district for which

the watcher was appointed, in any other election district [in

the county in which the watcher is a qualified registered

elector] located in the same county as the election district to

which the watcher is appointed : Provided, That only one watcher

for each candidate at primaries, or for each party or political

body at general, municipal or special elections, shall be

present in the polling place at any one time from the time that

the election officers meet prior to the opening of the polls

under section 1208 until the time that the counting of votes is

complete and the district register and voting check list is

locked and sealed, and all watchers in the room shall remain

outside the enclosed space. It shall not be a requirement that a

watcher be a resident of the election district for which the

watcher is appointed. After the close of the polls and while the

ballots are being counted or voting machine canvassed, all the

watchers shall be permitted to be in the polling place outside

the enclosed space. Each watcher shall be provided with a

certificate from the county board of elections, stating his name

and the name of the candidate, party or political body he

represents. Watchers shall be required to show their

certificates when requested to do so. Watchers allowed in the

polling place under the provisions of this act, shall be

permitted to keep a list of voters and shall be entitled to

challenge any person making application to vote and to require

proof of his qualifications, as provided by this act. During

those intervals when voters are not present in the polling place

either voting or waiting to vote, the judge of elections shall

permit watchers, upon request, to inspect the voting check list

A09794 - 3 -

and either of the two numbered lists of voters maintained by the

county board: Provided, That the watcher shall not mark upon or

alter these official election records. The judge of elections

shall supervise or delegate the inspection of any requested

documents.

* * *

Section 2 3. This act shall take effect in 60 days. as

follows:

(1) The amendment of section 417(b) of the act shall

take effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

A09794 - 4 -