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PRIOR PRINTER'S NO. 612
PRINTER'S NO. 1712
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
573
Session of
2021
INTRODUCED BY MASTRIANO, PITTMAN, BROOKS, HUTCHINSON, STEFANO
AND J. WARD, APRIL 16, 2021
AS AMENDED ON THIRD CONSIDERATION, JUNE 6, 2022
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; IN VOTING BY QUALIFIED ABSENTEE
ELECTORS, FURTHER PROVIDING FOR CANVASSING OF OFFICIAL
ABSENTEE BALLOTS AND MAIL-IN BALLOTS; and, in penalties,
further providing for refusal to permit overseers, watchers,
attorneys or candidates to act, FOR PROHIBITING DURESS AND
INTIMIDATION OF VOTERS AND INTERFERENCE WITH THE FREE
EXERCISE OF THE ELECTIVE FRANCHISE 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 1. SECTIONS 417, 1308(G)(1.1) AND (2), 1806, 1847
AND 1849 OF THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS
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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 PRIMARY, 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 PRIMARY, 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 PRIMARY, 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
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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
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.
(c) No candidate or committee of a political party or of a
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
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immediately receive a replacement watcher's certificate issued
by the court.
SECTION 1308. CANVASSING OF OFFICIAL ABSENTEE BALLOTS AND
MAIL-IN BALLOTS.--* * *
(G) * * *
(1.1) THE COUNTY BOARD OF ELECTIONS SHALL MEET NO EARLIER
THAN SEVEN O'CLOCK A.M. ON ELECTION DAY TO PRE-CANVASS ALL
BALLOTS RECEIVED PRIOR TO THE MEETING. A COUNTY BOARD OF
ELECTIONS SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS' NOTICE OF A
PRE-CANVASS MEETING BY PUBLICLY POSTING A NOTICE OF A PRE-
CANVASS MEETING ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE. ONE
AUTHORIZED REPRESENTATIVE OF EACH CANDIDATE IN AN ELECTION AND
ONE REPRESENTATIVE FROM EACH POLITICAL PARTY SHALL BE PERMITTED
TO REMAIN IN THE ROOM IN WHICH THE ABSENTEE BALLOTS AND MAIL-IN
BALLOTS ARE PRE-CANVASSED. A PERSON ALLOWED TO WATCH THE PRE-
CANVASSING SHALL BE PERMITTED TO HAVE A CLEAR LINE OF SIGHT TO
VIEW AND HEAR THE PROCEEDINGS AT A DISTANCE OF SIX FEET OR LESS,
BUT THAT DOES NOT IMPEDE THE ABILITY OF THE PERSON CANVASSING
BALLOTS FROM CARRYING OUT THE PERSON'S DUTIES. NO PERSON
OBSERVING, ATTENDING OR PARTICIPATING IN A PRE-CANVASS MEETING
MAY DISCLOSE THE RESULTS OF ANY PORTION OF ANY PRE-CANVASS
MEETING PRIOR TO THE CLOSE OF THE POLLS.
(2) THE COUNTY BOARD OF ELECTIONS SHALL MEET NO EARLIER THAN
THE CLOSE OF POLLS ON THE DAY OF THE ELECTION AND NO LATER THAN
THE THIRD DAY FOLLOWING THE ELECTION TO BEGIN CANVASSING
ABSENTEE BALLOTS AND MAIL-IN BALLOTS NOT INCLUDED IN THE PRE-
CANVASS MEETING. THE MEETING UNDER THIS PARAGRAPH SHALL CONTINUE
UNTIL ALL ABSENTEE BALLOTS AND MAIL-IN BALLOTS RECEIVED PRIOR TO
THE CLOSE OF THE POLLS HAVE BEEN CANVASSED. THE COUNTY BOARD OF
ELECTIONS SHALL NOT RECORD OR PUBLISH ANY VOTES REFLECTED ON THE
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BALLOTS PRIOR TO THE CLOSE OF THE POLLS. THE CANVASS PROCESS
SHALL CONTINUE THROUGH THE EIGHTH DAY FOLLOWING THE ELECTION FOR
VALID MILITARY-OVERSEAS BALLOTS TIMELY RECEIVED UNDER 25 PA.C.S.
ยง 3511 (RELATING TO RECEIPT OF VOTED BALLOT). A COUNTY BOARD OF
ELECTIONS SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS' NOTICE OF A
CANVASS MEETING BY PUBLICLY POSTING A NOTICE ON ITS PUBLICLY
ACCESSIBLE INTERNET WEBSITE. ONE AUTHORIZED REPRESENTATIVE OF
EACH CANDIDATE IN AN ELECTION AND ONE REPRESENTATIVE FROM EACH
POLITICAL PARTY SHALL BE PERMITTED TO REMAIN IN THE ROOM IN
WHICH THE ABSENTEE BALLOTS AND MAIL-IN BALLOTS ARE CANVASSED. A
PERSON ALLOWED TO WATCH THE PRE-CANVASSING SHALL BE PERMITTED TO
HAVE A CLEAR LINE OF SIGHT TO VIEW AND HEAR THE PROCEEDINGS AT A
DISTANCE OF SIX FEET OR LESS, BUT THAT DOES NOT IMPEDE THE
ABILITY OF THE PERSON CANVASSING BALLOTS FROM CARRYING OUT THE
PERSON'S DUTIES.
* * *
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
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exceeding [one thousand ($1,000)] FIVE THOUSAND ($5,000)
dollars, or to undergo an imprisonment not exceeding [one (1)
year] TWO (2) YEARS, 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 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
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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
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)] THREE (3) 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)] TWO THOUSAND FIVE HUNDRED
($2,500) dollars, or to undergo an imprisonment [of not more
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than one (1) year] NOT EXCEEDING TWO (2) YEARS, or both, in the
discretion of the court.
Section 2. This act shall take effect in 60 days.
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