PRINTER'S NO. 1333
No. 1194 Session of 1997
INTRODUCED BY SAYLOR, ITKIN, VANCE, NICKOL, WOGAN, M. N. WRIGHT,
WALKO, PISTELLA, ARGALL, TIGUE, GRUPPO, FICHTER, STERN,
FARGO, RUBLEY, BELARDI, BAKER, HERSHEY, KENNEY, LEVDANSKY,
MICOZZIE, BELFANTI, McGEEHAN, CLARK, SCHRODER, LEH, B. SMITH,
SAINATO, DALEY, STABACK, VAN HORNE, MANDERINO, GEIST,
CALTAGIRONE, MUNDY, COLAFELLA, DeLUCA, YOUNGBLOOD, ROONEY,
MILLER, BOSCOLA, OLASZ, ROSS, TRELLO, TULLI, ROBERTS,
LAUGHLIN, MELIO, E. Z. TAYLOR, SHANER, KELLER, TRICH, THOMAS,
RAMOS AND CORRIGAN, APRIL 7, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 7, 1997
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for the compensation of
12 election officers; and further providing for peace officers
13 at polling places.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 412.1 of the act of June 3, 1937
17 (P.L.1333, No.320), known as the Pennsylvania Election Code,
18 added May 5, 1982 (P.L.374, No.108), is amended to read:
19 Section 412.1. Compensation of Election Officers.--(a) In
20 all counties, the compensation of judges, inspectors, clerks and
1 machine inspectors shall be fixed by the county board of
2 elections of the county at not less than the following: judge of
3 elections, forty-five dollars ($45.00); inspectors and clerks,
4 forty dollars ($40.00); and machine operators, forty dollars
5 ($40.00); and not more than the following: judge of elections,
6 [seventy dollars ($70.00)] one hundred twenty-eight dollars
7 ($128.00); inspectors and clerks, [sixty-five dollars ($65.00)]
8 one hundred twelve dollars ($112.00); and machine operators
9 [sixty-five dollars ($65.00)] one hundred twelve dollars
10 ($112.00); for each primary and election. The county board of
11 elections may, in its discretion, establish different per diem
12 rates within the above mentioned minima and maxima based on the
13 number of votes cast for the following groups: 150 votes or
14 less, 151 to 300 votes, 301 to 500 votes, 501 to 750 votes, 751
15 and over.
16 (b) For transmitting returns of primaries and elections and
17 the ballot box or boxes, all judges of elections shall each be
18 entitled to receive the additional sum of [six dollars ($6.00)]
19 ten dollars ($10.00).
20 (c) In counties of the second through eighth classes, the
21 county board of elections may require the minority inspector of
22 elections to accompany the judge of elections in transmitting
23 returns of primaries and elections, in which case the minority
24 inspector of elections shall be entitled to receive the
25 additional sum of [six dollars ($6.00)] ten dollars ($10.00).
26 (d) The person furnishing transportation to the judge of
27 election and the minority inspector in transmitting returns and
28 ballot boxes, shall be entitled to a minimum of [twenty cents
29 (20¢)] thirty cents (30¢) per mile circular from the polling
30 place to the county courthouse. The name of such person shall
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1 appear on the voucher of the judge of election and only one
2 person shall receive mileage compensation.
3 (e) When a primary and special election or a special and
4 general or municipal election take place on the same day, they
5 shall be construed as one election for the purpose of receiving
6 compensation.
7 Section 2. Section 1207 of the act, amended July 1, 1976
8 (P.L.523, No.124), is amended to read:
9 Section 1207. Peace Officers; No Police Officer to Be Within
10 One Hundred Feet of Polling Place; Exceptions; Presence of
11 Soldiers Prohibited.--The constable of each borough, township or
12 ward, or his deputy shall be present at the polling place in
13 each election district of such borough, township or ward at each
14 primary and election during the continuance thereof, and while
15 the votes are being counted, for the purpose of preserving the
16 peace, and shall serve at all elections for which services the
17 said constable and each of such deputies performing such
18 services shall receive the same compensation payable to
19 inspectors and clerks under section [412 (a)] 412.1(a) of this
20 act which shall be paid by the county. Such sum shall include
21 pay for serving notices in writing to persons elected at such
22 election. The election officers, or any three qualified electors
23 of any election district, may call upon any mayor, chief
24 burgess, sheriff, deputy sheriff, constable, deputy constable,
25 or police officer, to clear an avenue to the door of any polling
26 place which is obstructed in such a way as to prevent electors
27 from approaching, or to maintain order and quell any
28 disturbance, if such arises. No police officer in commission,
29 whether in uniform or in citizen's clothes, shall be within one
30 hundred feet of a polling place during the conduct of any
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1 primary or election, unless in the exercise of his privilege of
2 voting, or for the purpose of serving warrants, or unless called
3 upon to preserve the peace, as provided by this act: Provided,
4 however, That such prohibition shall not apply to such police
5 officers assigned to a police station or headquarters located in
6 a building or on the premises where the polling place is located
7 and such police officers must be within one hundred (100) feet
8 of the polling place to enter and exit such police station or
9 headquarters: And provided further, That in no event may any
10 police officer unlawfully use or practice any intimidation,
11 threats, force or violence nor, in any manner, unduly influence
12 or overawe any elector or prevent him from voting or restrain
13 his freedom of choice, nor may any such police officer
14 electioneer or directly or indirectly attempt to influence the
15 election or electors while within one hundred (100) feet of a
16 polling place as herein set forth: And provided further, That
17 where polling places are located in buildings or on premises
18 where a police station or headquarters are located, the polling
19 place shall be located in a separate room. No body of troops in
20 the Army of the United States or of this Commonwealth shall be
21 present, either armed or unarmed, at any place of election
22 within this Commonwealth during the time of any primary or
23 election: Provided, however, That no officer or soldier shall be
24 prevented from exercising the right of suffrage in the election
25 district in which he resides, if otherwise qualified.
26 Section 3. This act shall take effect immediately.
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