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PRINTER'S NO. 4210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2757
Session of
2020
INTRODUCED BY PASHINSKI, READSHAW, BURGOS, KINSEY, DeLUCA,
CIRESI, WEBSTER, RYAN, THOMAS AND WARNER, AUGUST 6, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 6, 2020
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, providing for an enhancement of
penalties for certain violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1801, 1802, 1802.1, 1803, 1804, 1805,
1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815,
1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824, 1825, 1827,
1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836, 1837,
1838, 1839, 1840, 1841, 1843, 1845, 1847, 1848, 1849 and 1850 of
the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, are amended to read:
Section 1801. Disobeying Lawful Instructions.--Any person
who wilfully disobeys any lawful instruction or order of any
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county board of elections, or who refuses to obey their subpoena
duly issued and served under the provisions of this act, shall
be guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five hundred ($500)] one thousand ($1,000) dollars,
or to undergo an imprisonment not exceeding [one (1) year] two
(2) years, or both, in the discretion of the court.
Section 1802. Perjury.--Any wilful false statement made
under oath or affirmation or in writing, stating that it is so
made, although such oath or affirmation may not have actually
been made, by any person regarding any material matter or thing
relating to any subject being investigated, heard, determined or
acted upon by any county board of elections, or member thereof,
or by any court or judge thereof, judge of election, inspector
of election, or overseer, in accordance with the terms of this
act, shall be perjury, a misdemeanor of the first degree, and
any person, upon conviction thereof, shall be sentenced to pay a
fine not exceeding [ten thousand ($10,000)] twenty thousand
($20,000) dollars, or to undergo an imprisonment of not more
than [five (5)] ten (10) years, or both, in the discretion of
the court.
Section 1802.1. False Affidavits of Candidates.--Any
candidate for State, county, city, borough, incorporated town,
township or school district office or for the office of United
States Senator or Representative in Congress or any other
elective public office who knowingly makes a false statement
regarding his eligibility or qualifications for such office in
his candidate's affidavit shall, in litigation which results in
the removal of the candidate from the ballot, be liable for
court costs, including filing fees, attorney fees, investigation
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fees and similar costs, in an amount up to [ten thousand
($10,000)] twenty thousand ($20,000) dollars.
Section 1803. Refusal to Permit Inspection of Papers;
Destruction or Removal; Secretary of the Commonwealth.--Any
Secretary of the Commonwealth, deputy, or employe of his office,
who shall refuse to permit the public inspection or copying as
authorized, except when in use in his office, by this act, of
any return, nomination petition, certificate or paper, other
petition, account, contract, report or any other document or
record in his custody which, under the provisions of this act,
is required to be open to public inspection; or who shall
destroy or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in his office; or who shall remove any such
document or record from his office during said period, or permit
the same to be removed, except pursuant to the direction of any
competent court or any committee required to determine any
contested primary or election, shall be guilty of a misdemeanor
of the first degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one thousand ($1,000)]
two thousand ($2,000) dollars, or to undergo an imprisonment of
not less than [one (1) month] two (2) months nor more than [two
(2)] four (4) years, or both, in the discretion of the court.
Section 1804. Refusal to Permit Inspection of Papers;
Destruction or Removal; County Boards of Elections.--Any member,
chief clerk or other employe of any county board of elections,
who shall refuse to permit the public inspection or copying, as
authorized by this act, of any general or duplicate return
sheet, tally paper, affidavit, nomination petition, certificate
or paper, other petition, witness list, account, contract,
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report or any other document or record in the custody of such
county board which, under the provisions of this act, is
required to be open to public inspection; or who shall destroy
or alter, or permit to be destroyed or altered, any such
document or record during the period for which the same is
required to be kept in the office of such county board; or who
shall remove any such document or record from the office of such
county board during said period, or permit the same to be
removed, except pursuant to the direction of any competent court
or any committee required to determine any contested primary or
election, shall be guilty of a misdemeanor of the first degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000)] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [one (1)
month] two (2) months nor more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1805. Insertion and Alteration of Entries in
Documents; Removal; Refusal to Deliver.--Any member, chief clerk
or employe of any county board of elections or judge, inspector
or clerk of election, machine inspector, overseer, or other
person, who knowingly inserts or knowingly permits to be
inserted any fictitious name, false figure or other fraudulent
entry on or in any registration card, district register, voter's
certificate, list of voters, affidavit, tally paper, general or
duplicate return sheet, statement, certificate, oath, voucher,
account, ballot or other record or document authorized or
required to be made, used, signed, returned or preserved for any
public purpose in connection with any primary or election; or
who materially alters or intentionally destroys any entry which
has been lawfully made therein, except by order of the county
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board of elections or court of competent jurisdiction, or who
takes or removes any such book, affidavit, return, account,
ballot or other document or record from the custody of any
person having lawful charge thereof, in order to prevent the
same from being used or inspected or copied as required or
permitted by this act, or who neglects or refuses, within the
time and in the manner required by this act, to deliver the same
into the custody of the officers who are required by this act to
use or keep the same, shall be guilty of a misdemeanor of the
first degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not less than
[one (1) month] two (2) months or more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1806. Refusal to Permit Overseers, Watchers,
Attorneys or Candidates to Act.--Any member of a county board of
elections, judge of election or inspector of election who shall
refuse to permit any overseer or watcher, attorney or candidate
to be present, as authorized by this act, at any session of a
county board, computation and canvassing of returns of any
primary or election, recount of ballots or recanvass of voting
machines, as authorized by this act, or at any polling place
during the time the polls are open at any primary or election,
and after the close of the polls during the time the ballots are
counted or voting machine canvassed and until the returns of
such primary or election have been made up and signed, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment not exceeding [one (1) year] two
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(2) years, or both, in the discretion of the court.
Section 1807. Driving away Watchers, Attorneys, Candidates
or Overseers.--Any person who by violence or intimidation shall
threaten or drive away any watcher, attorney, candidate or
overseer, or representative of the county board of elections, or
of the Secretary of the Commonwealth, required or permitted to
be present at any polling place, or who shall in any manner
prevent any overseer, or representative of the county board of
elections or of the Secretary of the Commonwealth from
performing his duty under this act, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment of not less than [one (1) month] two (2) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1808. Refusal to Permit Election Officers, Clerks
and Machine Inspectors to Act; Driving away Said Persons.--Any
person, including any election officer, who shall refuse to
permit any election officer, clerk or machine inspector, duly
elected or appointed and authorized to act, to perform the
duties imposed on him or to act as permitted by this act; or who
shall by violence or intimidation threaten or drive away, any
such election officer, clerk or machine inspector or who shall,
in any manner, prevent any such election officer, clerk or
machine inspector from performing his rights and duties under
this act, shall be guilty of a misdemeanor of the first degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000)] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [one (1)
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month] two (2) months or more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1809. Refusal to Administer Oath; Acting Without
Being Sworn.--If any judge of election or minority inspector of
election refuses or fails to administer the oath to the officers
of election, in the manner required by this act, or if any judge
of election, inspector of election, clerk of election, or
machine inspector, shall act without being first duly sworn, or
if any such person shall sign the written form of oath without
being duly sworn, or if any judge of election or minority
inspector of election or any other person authorized to
administer oaths shall certify that any such person was sworn
when he was not, he shall be guilty of a misdemeanor of the
third degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [one hundred ($100)] two hundred
($200) dollars, or to undergo an imprisonment not exceeding [six
(6) months] one (1) year, or both, in the discretion of the
court.
Section 1810. Violation of Oath of Office by Election
Officers.--Any judge of election, inspector of election, clerk
of election, or machine inspector who shall wilfully violate any
of the provisions of his oath of office, shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment not exceeding [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1811. Peace Officers; Failure to Render Assistance;
Hindering or Delaying County Board Members and Others.--Any
sheriff, deputy sheriff, constable, deputy constable, police or
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other peace officer, who shall fail upon demand of any member of
a county board of elections, judge or inspector of election, or
overseer to render such aid and assistance to him as he shall
request in the maintenance of peace and in the making of
arrests, as herein provided, or who shall wilfully hinder or
delay or attempt to hinder or delay any member of a county
board, judge or inspector of election, or overseer in the
performance of any duty under this act, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five hundred
($500)] one thousand ($1,000) dollars, or to undergo an
imprisonment of not less than [three (3)] six (6) months nor
more than [two (2)] four (4) years, or both, in the discretion
of the court.
Section 1812. Nomination Petitions and Papers; Offenses by
Signers.--If any person shall knowingly and wilfully sign any
nomination petition or nomination paper, without having the
qualifications prescribed by this act, or if any person shall
set opposite a signature on a nomination petition or paper, a
date other than the actual date such signature was affixed
thereto, or if any person shall set opposite the signature on a
nomination petition or nomination paper, a false statement of
the signer's place of residence or occupation, or if any person
shall sign more nomination petitions or nomination papers than
permitted by the provisions of this act, he shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one hundred
($100)] two hundred ($200) dollars, or to undergo an
imprisonment of not less than [three (3) months] six (6) months
nor more than [two (2)] four (4) years, or both, at the
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discretion of the court.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers.--If any person shall knowingly make a
false statement in any affidavit required by the provisions of
this act, to be appended to or to accompany a nomination
petition or a nomination paper, or if any person shall
fraudulently sign any name not his own to any nomination
petition or nomination paper, or if any person shall
fraudulently alter any nomination petition or nomination paper
without the consent of the signers, he shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [five hundred
($500)] one thousand dollars, or to undergo imprisonment of not
more than [one (1) year] two (2) years, or both, in the
discretion of the court.
Section 1814. Nomination Petitions; Certificates and Papers;
Destruction; Fraudulent Filing; Suppression.--Any person who
shall falsely make any nomination certificate or who shall
wilfully deface or destroy any nomination petition, nomination
certificate or nomination paper, or any part thereof, or any
letter of withdrawal, or who shall file any nomination petition,
nomination certificate or nomination paper or letter of
withdrawal knowing the same, or any part thereof, to be falsely
made, or who shall suppress any nomination petition, nomination
certificate or nomination paper, or any part thereof, which has
been duly filed, shall be guilty of a misdemeanor of the second
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
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court.
Section 1815. Offenses by Printers of Ballots.--Any printer
employed by any county board of elections to print any official
ballots, or any person engaged in printing the same who shall
appropriate to himself or give or deliver or knowingly permit to
be taken any of said ballots by any other person than such
county board of election or their duly authorized agent, or who
shall wilfully print or cause to be printed any official ballot
in any form other than that prescribed by such county board or
with any other names or printing, or with the names spelled
otherwise than as directed by them or the names or printing
thereon arranged in any other way than that authorized and
directed by this act, shall be guilty of a misdemeanor of the
first degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not less than
[six (6) months] one (1) year nor more than [five (5)] ten (10)
years, or both, in the discretion of the court.
Section 1816. Unlawful Possession of Ballots; Counterfeiting
Ballots.--Any person other than an officer charged by law with
the care of ballots, or a person entrusted by any such officer
with the care of the same for a purpose required by law, who
shall have in his possession outside the polling place any
official ballot, or any person who shall make or have in his
possession any counterfeit of an official ballot, shall be
guilty of a misdemeanor of the [second] first degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five thousand ($5,000)] ten thousand ($10,000)
dollars, or to undergo an imprisonment of not more than [two
(2)] four (4) years, or both, in the discretion of the court.
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Section 1817. Forging and Destroying Ballots.--Any person
who shall forge or falsely make the official endorsement on any
ballot or wilfully destroy or deface any ballot or wilfully
delay the delivery of any ballots shall be guilty of a
misdemeanor of the [second] first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [five
thousand ($5,000)] ten thousand ($10,000) dollars, or to undergo
an imprisonment of not more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1818. Tampering with Voting Machines.--Any election
officer or other person who shall unlawfully open or who shall
tamper with or injure or attempt to injure any voting machine to
be used or being used at any primary or election, or who shall
prevent or attempt to prevent the correct operation of such
machine, or any unauthorized person who shall make or have in
his possession a key to a voting machine to be used or being
used in any primary or election, shall be guilty of a
misdemeanor of the [second] first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [five
thousand ($5,000)] ten thousand ($10,000) dollars, or to undergo
an imprisonment of not more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1819. Destroying, Defacing or Removing Notices, Et
Cetera.--Any person who shall, prior to any primary or election,
wilfully deface, remove or destroy any notice or list of
candidates posted in accordance with the provisions of this act,
or who, during any primary or election, shall wilfully deface,
tear down, remove or destroy any card of instructions, notice of
penalties, specimen ballot or diagram printed or posted for the
instruction of electors, or who shall, during any primary or
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election, wilfully remove or destroy any of the supplies or
conveniences furnished by the county board of elections to any
polling place in order to enable electors to vote, or the
election officers to perform their duties, or who shall wilfully
hinder the voting of others, shall be guilty of a misdemeanor of
the third degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [one hundred ($100)] two
hundred ($200) dollars, or to undergo an imprisonment of not
more than [three (3)] six (6) months, or both, in the discretion
of the court.
Section 1820. Police Officers at Polling Places.--Any police
officer in commission, whether in uniform or in citizen's
clothes, who shall be within one hundred (100) feet of a polling
place during the conduct of any primary or election, except in
the exercise of his privilege of voting or for the purpose of
serving warrants, or in accordance with the provisions of the
exception set forth in section 1207 of this act where the police
station or headquarters is located in the same building or on
the premises where the polling place is located or unless called
upon to preserve the peace, as provided by this act, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five hundred ($500)] one thousand ($1,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1821. Peace Officer; Failure to Quell Disturbances
at Polls; Hindering or Delaying Election Officers and Others.--
Any mayor, chief burgess, sheriff, deputy sheriff, constable,
deputy constable, police officer or other peace officer who
shall neglect or refuse to clear an avenue to the door of any
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polling place which is obstructed in such a way as to prevent
electors from approaching, or who shall neglect or refuse to
maintain order and quell any disturbance if such arises at any
polling place upon the day of any primary or election, when
called upon so to do by any election officer or any three
qualified electors of the election district, or who shall
wilfully hinder or delay, or attempt to hinder or delay, any
judge, inspector or clerk of election, machine inspector or
overseer in the performance of any duty under this act, shall be
guilty of a misdemeanor of the second degree in office, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1823. Election Officers Permitting Unregistered
Electors to Vote; Challenges; Refusing to Permit Qualified
Electors to Vote.--Any judge or inspector of election who
permits any person to vote at any primary or election who is not
registered in accordance with law, except a person in actual
military service or a person as to whom a court of competent
jurisdiction has ordered that he shall be permitted to vote, or
who permits any registered elector to vote knowing that such
registered elector is not qualified to vote, whether or not such
person has been challenged, or who permits any person who has
been lawfully challenged to vote at any primary or election
without requiring the proof of the right of such person to vote
which is required by law, or who refuses to permit any duly
registered and qualified elector to vote at any primary or
election, with the knowledge that such elector is entitled to
vote, shall be guilty of a felony of the [third] first degree,
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and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [fifteen thousand ($15,000)] thirty thousand
($30,000) dollars, and to undergo an imprisonment of not more
than [seven (7)] fourteen (14) years, or both.
Section 1824. Election Officers Refusing to Permit Elector
to Vote in Proper Party at Primaries.--Any judge, inspector or
clerk of election who refuses to permit an elector at any
primary at which ballots are used to receive the ballot of the
party with which he is enrolled, or who gives to any such
elector the ballot of any party in which he is not enrolled, or
any judge, or inspector of election, or machine inspector who,
at any primary at which voting machines are used, adjusts any
voting machine about to be used by an elector so as not to
permit him to vote for the candidates of the party in which he
is enrolled, or so as to permit him to vote for the candidates
of any party in which he is not enrolled, shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1825. Frauds by Election Officers.--Any judge,
inspector or clerk of election or machine inspector who shall be
guilty of any wilful fraud in the conduct of his duties at a
primary or election, and any person who shall make a false
return of the votes cast at any primary or election, or who
shall deposit fraudulent ballots in the ballot box or certify as
correct a return of ballots in the ballot box which he knows to
be fraudulent, or who shall register fraudulent votes upon any
voting machine or certify as correct a return of votes cast upon
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any voting machine which he knows to be fraudulently registered
thereon, or who shall make any false entries in the district
register, or who shall fail to insert in the voting check list
the voter's certificate of any elector actually voting at any
primary or election, or who shall fail to record voting
information as required herein, or who shall fail to insert in
the numbered lists of voters the name of any person actually
voting, or who shall wilfully destroy or alter any ballot,
voter's certificate, or registration card contained in any
district register, or who shall wilfully tamper with any voting
machine, or who shall prepare or insert in the voting check list
any false voter's certificates not prepared by or for an elector
actually voting at such primary or election, for the purpose of
concealing the destruction or removal of any voter's
certificate, or for the purpose of concealing the deposit of
fraudulent ballots in the ballot box, or the registering of
fraudulent votes upon any voting machine or of aiding in the
perpetration of any such fraud, or who shall fail to return to
the county board of election following any primary or election
any keys of a voting machine, ballot box, general or duplicate
return sheet, tally paper, oaths of election officers,
affidavits of electors and others, record of assisted voters,
numbered list of voters, district register, voting check list,
unused, spoiled and cancelled ballots, ballots deposited,
written or affixed in or upon a voting machine, or any
certificate, or any other paper or record required to be
returned under the provisions of this act; or who shall conspire
with others to commit any of the offenses herein mentioned, or
in any manner to prevent a free and fair primary or election,
shall be guilty of a felony of the [third] first degree, and,
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upon conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1827. Interference with Primaries and Elections;
Frauds; Conspiracy.--If any person shall prevent or attempt to
prevent any election officers from holding any primary or
election, under the provisions of this act, or shall use or
threaten any violence to any such officer; or shall interrupt or
improperly interfere with him in the execution of his duty; or
shall block up or attempt to block up the avenue to the door of
any polling place; or shall use or practice any intimidation,
threats, force or violence with design to influence unduly or
overawe any elector, or to prevent him from voting or restrain
his freedom of choice; or shall prepare or present to any
election officer a fraudulent voter's certificate not signed in
the polling place by the elector whose certificate it purports
to be; or shall deposit fraudulent ballots in the ballot box; or
shall register fraudulent votes upon any voting machine; or
shall tamper with any district register, voting check list,
numbered lists of voters, ballot box or voting machine; or shall
conspire with others to commit any of the offenses herein
mentioned, or in any manner to prevent a free and fair primary
or election, he shall be guilty of a felony of the [third] first
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [fifteen thousand ($15,000)] twenty
thousand ($20,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
discretion of the court.
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Section 1828. Persons Interfering in Other Districts.--Any
person who shall on the day of any primary or election visit any
polling place at which he is not entitled to vote and at which
he is not entitled to be present under any provision of this
act, and shall use any intimidation or violence for the purpose
of preventing any election officer from performing the duties
required of him by this act, or for the purpose of preventing
any qualified elector from exercising his right to vote or from
exercising his right to challenge any person offering to vote,
or for the purpose of influencing the vote of any elector, he
shall be guilty of a felony of the [third] first degree, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)
dollars, or to undergo an imprisonment of not more than [seven
(7)] fourteen (14) years, or both, in the discretion of the
court.
Section 1829. Assault and Battery at Polls.--Any person who
shall unlawfully strike, wound or commit an assault and battery
upon the person of any elector at or near the polling place
during the time of any primary or election shall be guilty of a
misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [ten thousand
($10,000)] twenty thousand ($20,000) dollars, or to undergo an
imprisonment of not more than [five (5)] ten (10) years, or
both, in the discretion of the court.
Section 1830. Unlawful Assistance in Voting.--Any elector at
any primary or election who shall allow his ballot or the face
of the voting machine voted by him to be seen by any person with
the apparent intention of letting it be known how he is about to
vote; or in districts in which ballots are used, shall cast or
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attempt to cast any other than the official ballot which has
been given to him by the proper election officer; or who,
without having made the declaration under oath or affirmation
required by section 1218 of this act, or when the disability
which he declared before any registration commission no longer
exists, shall permit another to accompany him into the voting
compartment or voting machine booth, or to mark his ballot or
prepare the voting machine for voting by him; or who shall mark
his ballot or prepare the voting machine for voting while
another is unlawfully present in the voting machine compartment
or voting machine booth with him; or who shall state falsely to
any election officer that because of illiteracy he is unable to
read the names on the ballot or ballot labels or that by reason
of physical disability he cannot see or mark the ballot or enter
the voting compartment without assistance or that he cannot see
or operate the voting machine or enter the voting machine booth
without assistance; or who shall state, as his reason for
requiring assistance, a disability from which he does not
suffer; or any person who shall go into the voting compartment
or voting machine booth with another while voting or be present
therein while another is voting, or mark the ballot of another
or prepare the voting machine for voting with another, except in
strict accordance with the provisions of this act; or any person
who shall interfere with any elector when inside the enclosed
space or when marking his ballot, or preparing the voting
machine for voting, or who shall endeavor to induce any elector
before depositing his ballot to show how he marks or has marked
his ballot; or any person giving assistance who shall attempt to
influence the vote of the elector whom he is assisting or who
shall mark a ballot or prepare a voting machine for voting in
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any other way than that requested by the voter whom he is
assisting, or who shall disclose to anyone the contents of any
ballot which has been marked or any voting machine which has
been prepared for voting with his assistance, except when
required to do so in any legal proceeding, shall be guilty of a
misdemeanor of the second degree, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding [one thousand
($1,000)] two thousand ($2,000) dollars, or to undergo an
imprisonment of not more than [one (1) year] two (2) years, or
both, in the discretion of the court.
Section 1831. Election Officers Permitting Unlawful
Assistance.--Any election officer who shall permit a voter to be
accompanied by another into the voting compartment or voting
machine booth when the registration card of such person contains
no declaration that such person requires assistance, or when
such person has not made, under oath or affirmation, the
statement required by section 1218 of this act, or when such
election officer knows that the disability which the elector
declared before any registration commission no longer exists, or
who shall permit any person to accompany an elector into the
voting compartment or voting machine booth, except as provided
by this act, shall be guilty of a misdemeanor of the second
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [one thousand ($1,000)] two thousand
($2,000) dollars, or to undergo an imprisonment of not more than
[one (1) year] two (2) years, or both, in the discretion of the
court.
Section 1832. Failure to Keep and Return Record of Assisted
Voters.--Any judge of election who shall fail to record, as
required by section 1218 (c) of this act, the name of each
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elector who received assistance or who is accompanied by another
into the voting compartment or voting machine booth; or who
shall insert in the record of assisted voters the name of any
elector who does not receive assistance or is not accompanied by
another into the voting compartment or voting machine booth; or
who shall fail to record the exact disability of any assisted
elector which makes the assistance necessary, or shall record in
respect of any assisted elector a disability, other than that
stated by the elector; or who shall fail to record the name of
each person rendering assistance to an elector as prescribed by
this act; or who shall knowingly record as the name of such
person giving assistance a name which is not the name of such
person; or who shall fail or neglect to return the record of
assisted voters to the county board of elections as required by
this act, shall be guilty of a misdemeanor of the first degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [one thousand ($1,000)] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [two
(2)] four (4) months nor more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1833. Unlawful Voting.--Any person who votes or
attempts to vote at any primary or election, knowing that he
does not possess all the qualifications of an elector at such
primary or election, as set forth in this act, shall be guilty
of a misdemeanor of the first degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [ten
thousand ($10,000)] twenty thousand ($20,000) dollars, or to
undergo an imprisonment of not more than [five (5)] ten (10)
years, or both, in the discretion of the court.
Section 1834. Elector Voting Ballot of Wrong Party at
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Primary.--Any elector who shall wilfully vote at any primary the
ballot of a party in which he is not enrolled, in violation of
the provisions of this act, shall be guilty of a misdemeanor of
the [second] first degree, and, upon conviction thereof, shall
be sentenced to pay a fine not exceeding [five thousand
($5,000)] ten thousand ($10,000) dollars, or to undergo an
imprisonment of not more than [two (2)] four (4) years, or both,
in the discretion of the court.
Section 1835. Repeat Voting at Elections.--If any person
shall vote in more than one election district, or otherwise
fraudulently vote more than once at the same primary or
election, or shall vote a ballot other than the ballot issued to
him by the election officers, or shall advise or procure another
so to do, he shall be guilty of a felony of the [third] first
degree, and, upon conviction thereof, shall be sentenced to pay
a fine not exceeding [fifteen thousand ($15,000)] thirty
thousand ($30,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
discretion of the court.
Section 1836. Removing Ballots.--Any person removing any
ballot from any book of official ballots, except in the manner
provided by this act, shall be guilty of a misdemeanor of the
[second] first degree, and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding [five thousand ($5,000)]
ten thousand ($10,000) dollars, or to undergo an imprisonment of
not more than [two (2)] four (4) years, or both, in the
discretion of the court.
Section 1837. Commissioners to Take Soldiers' Votes.--Any
commissioner appointed by or under the provisions of Article
XIII of this act who shall knowingly violate his duty or
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knowingly omit or fail to do his duty thereunder or violate any
part of his oath, shall be guilty of perjury, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1838. Fraudulent Voting by Soldiers.--Any person who
shall vote or attempt to vote at any election by electors in
military service under the provisions of Article XIII of this
act, not being qualified to vote at such election, shall be
guilty of a misdemeanor of the second degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
or to undergo an imprisonment of not more than [one (1) year]
two (2) years, or both, in the discretion of the court.
Section 1839. Bribery at Elections.--Any person who shall,
directly or indirectly, give or promise or offer to give any
gift or reward in money, goods or other valuable thing to any
person, with intent to induce him to vote or refrain from voting
for any particular candidate or candidates or for or against any
constitutional amendment or other question at any primary or
election; or who shall, directly or indirectly, procure for or
offer or promise to procure for such person any such gift or
reward with the intent aforesaid; or, who with the intent to
influence or intimidate such person to give his vote or to
refrain from giving his vote for any particular candidate or
candidates or for or against any constitutional amendment or
other question at any primary or election, shall give to or
obtain for or assist in obtaining for or offer or promise to
give to or obtain for or assist in obtaining for such person any
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office, place, appointment or employment, public or private, or
threaten such person with dismissal or discharge from any
office, place, appointment or employment, public or private,
then held by him, shall be guilty of a felony of the [third]
first degree, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding [fifteen thousand ($15,000)] thirty
thousand ($30,000) dollars, or to undergo an imprisonment of not
more than [seven (7)] fourteen (14) years, or both, in the
discretion of the court.
Section 1840. Receipts and Disbursements of Primary and
Election Expenses by Persons Other Than Candidates and
Treasurers.--Any member of a political committee who shall
receive or disburse any money or incur any liability for primary
or election expenses, except through the treasurer of such
political committee, and any person not a candidate or member of
a political committee who shall receive or disburse any money or
incur any liability for primary or election expenses, shall be
guilty of a misdemeanor of the first degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000) dollars] two thousand ($2,000)
dollars, or to undergo an imprisonment of not less than [one (1)
month] two (2) months nor more than [two (2)] four (4) years, or
both, in the discretion of the court.
Section 1841. Receipts of Primary and Election Expenses by
Unauthorized Persons.--Any person or any political committee who
receives money on behalf of any candidate without being
authorized to do so under the provisions of section 1623, shall
be guilty of a misdemeanor of the first degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [five thousand dollars ($5,000)] ten thousand dollars
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($10,000), or to undergo an imprisonment of not less than [one
(1) month] two (2) months nor more than [two (2)] four (4)
years, or both, in the discretion of the court.
Section 1843. Contributions by Corporations or
Unincorporated Associations.--Any corporation or unincorporated
association, which shall pay, give or lend or agree to pay, give
or lend any money belonging to such corporation or
unincorporated association or in its custody or control, in
violation of the provisions of section 1633, shall be guilty of
a misdemeanor of the first degree, and, upon conviction thereof,
shall be sentenced to pay a fine of not less than [one thousand
dollars ($1,000)] two thousand dollars ($2,000) nor more than
[ten thousand dollars ($10,000)] twenty thousand dollars
($20,000). Any director, officer, agent or employe of any
corporation or unincorporated association who shall on behalf of
such corporation or unincorporated association pay, give or lend
or authorize to be paid, given or lent any money belonging to
such corporation or unincorporated association or in its custody
or control in violation of the provisions of section 1633, shall
be guilty of a misdemeanor of the first degree, and, upon
conviction thereof, shall be sentenced to pay a fine not
exceeding [ten thousand dollars ($10,000)] twenty thousand
dollars ($20,000), or to undergo an imprisonment of not less
than [one (1) month] two (2) months nor more than [two (2)] four
(4) years, or both, in the discretion of the court.
Section 1845. Failure to File Expense Account.--Any
candidate or treasurer of a political committee or person acting
as such treasurer who shall fail to file an account of primary
or election expenses, as required by this act, shall be guilty
of a misdemeanor of the first degree, and, upon conviction
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thereof, shall be sentenced to pay a fine not exceeding [five
thousand dollars ($5,000)] ten thousand dollars ($10,000), or to
undergo an imprisonment of not less than [one (1) month] two (2)
months nor more than [two (2)] four (4) years, or both, in the
discretion of the court.
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
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
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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
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)] four (4) years, or both, in the discretion
of the court.
Section 1848. Failure to Perform Duty.--Any Secretary of the
Commonwealth, member of a county board of elections, chief
clerk, employe, overseer, judge of election, inspector of
election, clerk of election, machine inspector or custodian or
deputy custodian of voting machines on whom a duty is laid by
this act who shall wilfully neglect or refuse to perform his
duty, shall be guilty of a misdemeanor of the first degree, and,
upon conviction thereof, shall be sentenced to pay a fine not
exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,
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or to undergo an imprisonment of not more than [two (2)] four
(4) years, or both, in the discretion of the court.
Section 1849. Hindering or Delaying Performance of Duty.--
Any person who intentionally interferes with, hinders or delays
or attempts to interfere with, hinder or delay any other person
in the performance of any act or duty authorized or imposed by
this act, shall be guilty of a misdemeanor of the second degree,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding [five hundred ($500)] one thousand ($1,000)
dollars, or to undergo an imprisonment of not more than [one (1)
year] two (2) years, or both, in the discretion of the court.
Section 1850. Violation of Any Provision of Act.--Any person
who shall violate any of the provisions of this act, for which a
penalty is not herein specifically provided, shall be guilty of
a misdemeanor of the second degree, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding [one
thousand ($1,000)] two thousand ($2,000) dollars, or to undergo
an imprisonment of not more than [one (1) year] two (2) years,
or both, in the discretion of the court.
Section 2. Section 1853 of the act, amended March 27, 2020
(P.L.41, No.12), is amended to read:
Section 1853. Violations of Provisions Relating to Absentee
and Mail-in Ballots.--If any person shall sign an application
for absentee ballot, mail-in ballot or declaration of elector on
the forms prescribed knowing any matter declared therein to be
false, or shall vote any ballot other than one properly issued
to the person, or vote or attempt to vote more than once in any
election for which an absentee ballot or mail-in ballot shall
have been issued to the person, or shall violate any other
provisions of Article XIII or Article XIII-D of this act, the
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person shall be guilty of a misdemeanor of the [third] first
degree, and, upon conviction, shall be sentenced to pay a fine
not exceeding [two thousand five hundred dollars ($2,500)] five
thousand dollars ($5,000), or be imprisoned for a term not
exceeding [two (2)] four (4) years, or both, at the discretion
of the court.
If any chief clerk or member of a board of elections, member
of a return board or member of a board of registration
commissioners, shall neglect or refuse to perform any of the
duties prescribed by Article XIII or Article XIII-D of this act,
or shall reveal or divulge any of the details of any ballot cast
in accordance with the provisions of Article XIII or Article
XIII-D of this act, or shall count an absentee ballot or mail-in
ballot knowing the same to be contrary to Article XIII or
Article XIII-D, or shall reject an absentee ballot or mail-in
ballot without reason to believe that the same is contrary to
Article XIII or Article XIII-D, or shall permit an elector to
cast the elector's ballot at a polling place knowing that there
has been issued to the elector an absentee ballot, the elector
shall be guilty of a felony of the [third] first degree, and,
upon conviction, shall be punished by a fine not exceeding
[fifteen thousand dollars ($15,000)] thirty thousand dollars
($30,000), or be imprisoned for a term not exceeding [seven (7)]
fourteen (14) years, or both, at the discretion of the court.
Section 3. This act shall take effect in 60 days.
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