Regular Session 2021-2022 Senate Bill 0573 P.N. 0612

PRINTER'S NO. 612

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

573

Session of

2021

INTRODUCED BY MASTRIANO, PITTMAN, BROOKS, HUTCHINSON AND

STEFANO, APRIL 16, 2021

REFERRED TO STATE GOVERNMENT, APRIL 16, 2021

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 district election officers, further providing

for appointment of watchers; and, in penalties, further

providing for refusal to permit overseers, watchers,

attorneys or candidates to act and for hindering or delaying

performance of duty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 417, 1806 and 1849 of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, are amended to read:

Section 417. Appointment of Watchers.--

(a) Each candidate for nomination or election at any

election shall be entitled to appoint [two watchers for] three

watchers at any general, municipal or special election, each

election district in which such candidate is voted for. Each

political party and each political body which has nominated

candidates in accordance with the provisions of this act, shall

be entitled to appoint three watchers at any general, municipal

or special election for each election district in which the

candidates of such party or political body are to be voted for.

Such watchers shall serve without expense to the county.

(b) Each watcher so appointed must be a qualified registered

elector [of the county in which the election district for which

the watcher was appointed is located] of the Commonwealth. Each

watcher so appointed shall be authorized to serve in the

election district for which the watcher was appointed and, when

the watcher is not serving in the election district for which

the watcher was appointed, in any other election district in the

[county in which the watcher is a qualified registered elector]

Commonwealth: Provided, That only one watcher for each candidate

[at primaries, or] and one watcher for each party or political

body at general, municipal or special elections, shall be

present in the polling place at any one time from the time that

the election officers meet prior to the opening of the polls

under section 1208 until the time that the counting of votes is

complete and the district register and voting check list is

locked and sealed, and all watchers in the room shall remain

outside the enclosed space. It shall not be a requirement that a

watcher be a resident of the election district for which the

watcher is appointed. After the close of the polls and while the

ballots are being counted or voting machine canvassed, all the

watchers shall be permitted to be in the polling place [outside]

inside the enclosed space, but may not interfere with the

counting of ballots. Each watcher shall be provided with a

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certificate from the county board of elections, stating his name

and the name of the candidate, party or political body he

represents. Watchers shall be required to show their

certificates when requested to do so. Watchers allowed in the

polling place under the provisions of this act, shall be

permitted to keep a list of voters and shall be entitled to

challenge any person making application to vote and to require

proof of his qualifications at any facility where votes are

collected, as provided by this act. During those intervals when

voters are not present in the polling place either voting or

waiting to vote, the judge of elections shall permit watchers,

upon request, to inspect the voting check list and either of the

two numbered lists of voters maintained by the county board:

Provided, That the watcher shall not mark upon or alter these

official election records. The judge of elections shall

supervise or delegate the inspection of any requested documents.

political body, nor any other person or persons shall pay to any

watcher compensation in excess of one hundred twenty ($120.00)

dollars per diem.

(d) A watcher whose watcher's certificate is destroyed or

lost on election day may appear before the court of common pleas

under section 1206 and, after swearing under oath or affirmation

that the watcher's certificate was destroyed or lost, may

immediately receive a replacement watcher's certificate issued

by 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

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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) dollars, or to undergo an

imprisonment not exceeding one (1) year, or both, in the

discretion of the court. An individual who violates this section

shall forfeit any compensation for election services rendered or

shall repay compensation to the county, whichever applies.

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) dollars, or to undergo an

imprisonment of not more than one (1) year, or both, in the

discretion of the court.

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

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