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," in penalties, further prohibiting duress and
12intimidation of voters and interference with the free
13exercise of the elective franchise.

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

16Section 1. Section 1847 of the act of June 3, 1937
17(P.L.1333, No.320), known as the Pennsylvania Election Code,
18amended February 13, 1998 (P.L.72, No.18), is amended to read:

19Section 1847. Prohibiting Duress and Intimidation of Voters
20and Interference with the Free Exercise of the Elective
21Franchise.--Any person or corporation who, directly or
22indirectly--(a) uses or threatens to use any force, violence or
23restraint, or inflicts or threatens to inflict any injury,

1damage, harm or loss, or in any other manner practices
2intimidation or coercion upon or against any person, in order to
3induce or compel such person to vote or refrain from voting at
4any election, or to vote or refrain from voting for or against
5any particular person, or for or against any question submitted
6to voters at such election, or to place or cause to be placed or
7refrain from placing or causing to be placed his name upon a
8register of voters, or on account of such person having voted or
9refrained from voting at such election, or having voted or
10refrained from voting for or against any particular person or
11persons or for or against any question submitted to voters at
12such election, or having registered or refrained from
13registering as a voter; or (b) by abduction, duress or coercion,
14or any forcible or fraudulent device or contrivance, whatever,
15impedes, prevents, or otherwise interferes with the free
16exercise of the elective franchise by any voter, or compels,
17induces, or prevails upon any voter to give or refrain from
18giving his vote for or against any particular person at any
19election; or (c) being an employer, pays his employes the salary
20or wages due in "pay envelopes" upon which or in which there is
21written or printed any political motto, device, statement or
22argument containing threats, express or implied, intended or
23calculated to influence the political opinions or actions of
24such employes, or within ninety days of any election or primary
25puts or otherwise exhibits in the establishment or place where
26his employes are engaged in labor, any handbill or placard
27containing any threat, notice, or information that if any
28particular ticket or candidate is elected or defeated work in
29his place or establishment will cease, in whole or in part, his
30establishment be closed up, or the wages of his employes

1reduced, or other threats, express or implied, intended or
2calculated to influence the political opinions or actions of his
3employes, shall be guilty of a misdemeanor of the [second] first
4degree. Any person or corporation, convicted of a violation of
5any of the provisions of this section, shall be sentenced to pay
6a fine not exceeding [five thousand ($5,000)] ten thousand 
7($10,000) dollars, or such person or the officers, directors or
8agents of such corporation responsible for the violation of this
9section, shall be sentenced to undergo an imprisonment of not
10more than [two (2)] five (5) years, or both, in the discretion
11of the court.

12Section 2. This act shall take effect in 60 days.