PRINTER'S NO. 129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
148
Session of
2015
INTRODUCED BY MALONEY, METCALFE, PASHINSKI, SACCONE, KNOWLES,
BAKER, BARRAR, WATSON, JAMES, READSHAW, BIZZARRO, TALLMAN,
GABLER, MILLARD, SAYLOR, SANTORA, DeLUCA, CONKLIN, D. COSTA
AND HICKERNELL, 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 penalties, further prohibiting duress and
intimidation of voters and interference with the free
exercise of the elective franchise.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1847 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended February 13, 1998 (P.L.72, No.18), is amended to read:
Section 1847. Prohibiting Duress and Intimidation of Voters
and Interference with the Free Exercise of the Elective
Franchise.--Any person or corporation who, directly or
indirectly--(a) uses or threatens to use any force, violence or
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restraint, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices
intimidation or coercion upon or against any person, in order to
induce or compel such person to vote or refrain from voting at
any election, or to vote or refrain from voting for or against
any particular person, or for or against any question submitted
to voters at such election, or to place or cause to be placed or
refrain from placing or causing to be placed his name upon a
register of voters, or on account of such person having voted or
refrained from voting at such election, or having voted or
refrained from voting for or against any particular person or
persons or for or against any question submitted to voters at
such election, or having registered or refrained from
registering as a voter; or (b) by abduction, duress or coercion,
or any forcible or fraudulent device or contrivance, whatever,
impedes, prevents, or otherwise interferes with the free
exercise of the elective franchise by any voter, or compels,
induces, or prevails upon any voter to give or refrain from
giving his vote for or against any particular person at any
election; or (c) being an employer, pays his employes the salary
or wages due in "pay envelopes" upon which or in which there is
written or printed any political motto, device, statement or
argument containing threats, express or implied, intended or
calculated to influence the political opinions or actions of
such employes, or within ninety days of any election or primary
puts or otherwise exhibits in the establishment or place where
his employes are engaged in labor, any handbill or placard
containing any threat, notice, or information that if any
particular ticket or candidate is elected or defeated work in
his place or establishment will cease, in whole or in part, his
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establishment be closed up, or the wages of his employes
reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his
employes, shall be guilty of a misdemeanor of the [second] first
degree. Any person or corporation, convicted of a violation of
any of the provisions of this section, shall be sentenced to pay
a fine not exceeding [five thousand ($5,000)] ten thousand
($10,000) dollars, or such person or the officers, directors or
agents of such corporation responsible for the violation of this
section, shall be sentenced to undergo an imprisonment of not
more than [two (2)] five (5) years, or both, in the discretion
of the court.
Section 2. This act shall take effect in 60 days.
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