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PRINTER'S NO. 689
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
676
Session of
2019
INTRODUCED BY ISAACSON, DERMODY, NEILSON, YOUNGBLOOD,
CALTAGIRONE, DALEY, DONATUCCI, FRANKEL, FREEMAN, GOODMAN,
HILL-EVANS, MADDEN, MATZIE, McCLINTON, OTTEN, SAMUELSON,
SCHLOSSBERG, SCHWEYER, SIMS, SOLOMON, WARREN, WEBSTER AND
DAVIDSON, MARCH 1, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 1, 2019
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," providing for employee voter leave.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding an
article to read:
ARTICLE VII-A
EMPLOYEE VOTER LEAVE
Section 701-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Employee." An individual employed by a public or private
entity.
Section 702-A. Time off to vote.
(a) General rule.--Notwithstanding any other provision of
law or regulation and in accordance with subsection (b), an
employee may, without loss of pay or vacation or other leave,
take off enough working time that, when added to the voting time
available outside of working hours, will enable the employee to
vote.
(b) Limitations.--The following apply:
(1) An employer is only required to allow for a total of
two hours of time off for voting by an employee without loss
of pay.
(2) Time off for voting shall be at the beginning or end
of the regular working shift, whichever allows the most free
time for voting and the least time off from the regular
working shift, unless a different time is otherwise mutually
agreed to by the employer and employee.
(c) Notice.--If, on the third working day prior to an
election, an employee knows or has reason to believe that time
off will be necessary to allow the employee to vote, the
employee shall give the employer at least two working days'
notice that the employee requires time off in accordance with
this section.
(d) Prohibition.--An employer shall not ask an employee to
divulge any information about the employee's party affiliation
or registration or any information on how the employee will vote
or whether the employee voted for or against any candidate or
ballot question.
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Section 703-A. Verification of employee voting.
(a) Proof of voting.--Presentation of written evidence of
voting, as signed or stamped by an election officer, shall
constitute proof of voting by the employee.
(b) Failure to verify.--If an employee fails to verify
voting after taking time off for that purpose in accordance with
section 702-A, the employer may make appropriate deductions from
the salary or wages of the employee for the period during which
the employee is entitled to be absent from employment.
Section 704-A. Notice of leave allowance.
(a) Posting required.--Not less than 10 days before an
election, every employer shall keep posted conspicuously at the
place of employment, if practicable, or elsewhere in the
workplace where it can be seen as employees enter and leave, a
notice setting forth the provisions of this article.
(b) Uniform notice.--The following apply:
(1) The Secretary of the Commonwealth shall develop a
uniform notice for posting by employers in accordance with
subsection (a) and shall make the notice available for
download and printing on the Department of State's publicly
accessible Internet website.
(2) The uniform notice shall be in English and other
languages that reflect the ethnic and racial demographics of
this Commonwealth.
(3) The uniform notice shall not indicate or relay any
information related to or require information on party
affiliation, registration or how an employee will vote.
Section 705-A. Failure to comply.
An employer that refuses an employee time off to vote as
required under this article, subjects an employee to a penalty
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or deduction of wages because of the exercise of the right to
time off work to vote or directly or indirectly violates this
article shall be subject to a fine of not less than $100 nor
more than $500 for each violation.
Section 2. This act shall take effect immediately.
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