THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HACKETT, AUMENT, BLOOM, COHEN, D. COSTA, CREIGHTON, CRUZ, DiGIROLAMO, FARRY, FLECK, GROVE, HAHN, HARHART, HEFFLEY, KILLION, METCALFE, MICOZZIE, MILLARD, MILLER, MILNE, TAYLOR, TOOHIL, TRUITT AND WATSON, NOVEMBER 15, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 15, 2011  

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 preparation for and conduct of primaries and

elections, further providing for peace officers and no peace

officers within 100 feet of polling place.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1207 of the act of June 3, 1937

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

amended July 1, 1976 (P.L.523, No.124) and repealed in part

October 9, 2009 (P.L.494, No.49), is amended to read:

Section 1207.  Peace Officers; No Police Officer to Be Within

One Hundred Feet of Polling Place; Exceptions; Presence of

Soldiers Prohibited.--The election officers, or any three

qualified electors of any election district, may call upon any

mayor, chief burgess, sheriff, deputy sheriff, constable, deputy

constable, or police officer, to clear an avenue to the door of

any polling place which is obstructed in such a way as to

prevent electors from approaching, or to maintain order and

quell any disturbance, if such arises. No police officer in

commission[, whether] and in uniform [or in citizen's clothes,]

shall be within one hundred feet of a polling place during the

conduct of any primary or election, unless in the exercise of

his privilege of voting, or for the purpose of serving warrants,

or unless called upon to preserve the peace, as provided by this

act: Provided, however, That such prohibition shall not apply to

such police officers assigned to a police station or

headquarters located in a building or on the premises where the

polling place is located and such police officers must be within

one hundred (100) feet of the polling place to enter and exit

such police station or headquarters: And provided further, That

in no event may any police officer unlawfully use or practice

any intimidation, threats, force or violence nor, in any manner,

unduly influence or overawe any elector or prevent him from

voting or restrain his freedom of choice, nor may any such

police officer in uniform electioneer or directly or indirectly

attempt to influence the election or electors while within one

hundred (100) feet of a polling place as herein set forth: And

provided further, That where polling places are located in

buildings or on premises where a police station or headquarters

are located, the polling place shall be located in a separate

room. No body of troops in the Army of the United States or of

this Commonwealth shall be present, either armed or unarmed, at

any place of election within this Commonwealth during the time

of any primary or election: Provided, however, That no officer

or soldier shall be prevented from exercising the right of

suffrage in the election district in which he resides, if

otherwise qualified.

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