PRIOR PRINTER'S NO. 1332 PRINTER'S NO. 1352
No. 1136 Session of 1997
INTRODUCED BY LEMMOND, ROBBINS, BODACK, AFFLERBACH, O'PAKE,
BRIGHTBILL, MUSTO, KUKOVICH, SALVATORE, TARTAGLIONE, HART,
BELAN, RHOADES, KASUNIC, ULIANA, THOMPSON AND PUNT,
SEPTEMBER 25, 1997
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 1, 1997
AN ACT
1 Amending the act of November 1, 1971 (P.L.495, No.113),
2 entitled, as amended, "An act providing for the compensation
3 of county officers in counties of the second through eighth
4 classes, for compensation of district attorneys in cities and
5 counties of the first class, for the disposition of fees, for
6 filing of bonds in certain cases and for duties of certain
7 officers," providing for the compensation of district
8 election officers; and making repeals.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title of the act of November 1, 1971
12 (P.L.495, No.113), entitled, as amended, "An act providing for
13 the compensation of county officers in counties of the second
14 through eighth classes, for compensation of district attorneys
15 in cities and counties of the first class, for the disposition
16 of fees, for filing of bonds in certain cases and for duties of
17 certain officers," amended October 29, 1987 (P.L.373, No.74), is
18 amended to read:
19 AN ACT
20 Providing for the compensation of county officers in counties of
1 the second through eighth classes, for compensation of
2 district attorneys in cities and counties of the first class,
3 for compensation of district election officers IN ALL <--
4 COUNTIES, for the disposition of fees, for filing of bonds in
5 certain cases and for duties of certain officers.
6 Section 2. The act is amended by adding a section to read:
7 Section 10.2. (a) In all counties, REGARDLESS OF CLASS the <--
8 compensation of judges of election, inspectors of election,
9 clerks and machine operators as provided in Article IV of the
10 act of June 3, 1937 (P.L.1333, No.320), known as the
11 "Pennsylvania Election Code," shall be fixed by the county board
12 of elections for each election in accordance with the following:
13 Election Officers Minimum Maximum
14 Compensation Compensation
15 Judges of elections $45 $100
16 Inspectors of Election,
17 clerks and machine operators $40 $95
18 (b) The county board of elections may, in its discretion,
19 establish different per diem rates within the minima and maxima
20 provided for in subsection (a) based on the number of votes cast
21 for the following groups:
22 (1) 150 votes or less.
23 (2) 151 to 300 votes.
24 (3) 301 to 500 votes.
25 (4) 501 to 750 votes.
26 (5) 751 votes and over.
27 (c) For transmitting returns of elections and the ballot box
28 or boxes, all judges of elections shall be entitled to receive
29 the additional sum of ten dollars ($10).
30 (d) The county board of elections may, in its discretion,
19970S1136B1352 - 2 -
1 require the minority inspector of elections to accompany the
2 judge of elections in transmitting the returns of elections in
3 which case the minority inspector of elections shall be entitled
4 to receive the additional sum of ten dollars ($10).
5 (e) The person furnishing transportation to the judge of
6 elections and the minority inspector in transmitting returns and
7 ballot boxes shall be entitled to a minimum of thirty cents
8 ($.30) per circular mile from the polling place to the county
9 court house. The name of such person shall appear on the voucher
10 of the judge of elections and only one person shall receive
11 mileage compensation.
12 (f) A constable or deputy constable performing duties under
13 section 1207 of the "Pennsylvania Election Code," shall receive
14 compensation at the same rate payable to an inspector.
15 (g) When a primary and special election or a special
16 election and a general or municipal election take place on the
17 same date, they shall be construed as one election for the
18 purpose of receiving compensation.
19 (H) COMPENSATION AND OTHER PAYMENTS RECEIVED BY ELECTION <--
20 OFFICIALS PURSUANT TO THIS SECTION SHALL NOT BE DEEMED INCOME
21 CLASSIFIED AND CATEGORIZED UNDER SECTION 303 OF THE ACT OF MARCH
22 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF 1971."
23 (h) (I) As used in this section, unless the context <--
24 otherwise requires:
25 "District election board" means election officers required
26 for the conduct of elections in any election district in
27 accordance with the act of June 3, 1937 (P.L.1333, No.320),
28 known as the "Pennsylvania Election Code."
29 "Election" means any general, municipal, special or primary
30 election.
19970S1136B1352 - 3 -
1 "Election district" means a district, division or precinct
2 established in accordance with the act of June 3, 1937
3 (P.L.1333, No.320), known as the "Pennsylvania Election Code,"
4 in which all qualified electors are eligible to vote in the same
5 polling place.
6 Section 3. (a) Section 412.1 of the act of June 3, 1937
7 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
8 repealed.
9 (b) All other acts and parts of acts are repealed insofar as
10 they are inconsistent with this act.
11 Section 4. This act shall be applicable as constitutionally
12 permissible.
13 Section 5. This act shall take effect January 1, 1998.
I19L16VDL/19970S1136B1352 - 4 -