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05/09/2024 09:27 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39677
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 2, 2023 01:25 PM
From: Representative Stephen Kinsey and Rep. Johanny Cepeda-Freytiz
To: All House members
Subject: Enhanced Penalties for Intimidation at the Polling Place
 
Voter intimidation is not a new phenomenon in our nation. Communities of color have faced intimidation tactics since the nineteenth century, and the threat of intimidation remains an issue today with extremist groups posting armed militia at ballot drop boxes in Arizona last year. This is a problem that our current policies have not resolved. 

 

Pennsylvania law makes polling place intimidation a criminal offense that can lead to a misdemeanor or felony conviction, depending on the circumstances. In addition to requiring a higher burden of proof and a burdensome amount of time and money, a criminal conviction may not lead to the restoration of justice for the person whose right to vote has been violated. Victims of polling place intimidation deserve more options for restitution, which is why we are introducing a bill to allow a person aggrieved by an individual convicted of polling place intimidation to bring civil action and recover punitive damages, reasonable attorney fees, and other legal costs.  

 

While we in Pennsylvania were fortunate to have a smooth Election Day in 2022,3 there is no guarantee that what happened in Arizona will not happen here in the future. By supporting this proposal, we can grant voters, election workers, and others serving in polling places greater protection against such disruptions to the democratic process. 



Introduced as HB461