S0573B0612A04423 NAD:JMT 06/06/22 #90 A04423
AMENDMENTS TO SENATE BILL NO. 573
Sponsor: SENATOR MASTRIANO
Printer's No. 612
Amend Bill, page 1, line 12, by inserting after "watchers;"
in voting by qualified absentee electors, further providing for
canvassing of official absentee ballots and mail-in ballots;
Amend Bill, page 1, line 14, by inserting after "act"
, for prohibiting duress and intimidation of voters and
interference with the free exercise of the elective franchise
Amend Bill, page 1, lines 18 through 20, by striking out all
of said lines and inserting
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
the Pennsylvania Election Code, are amended to read:
Amend Bill, page 1, line 24, by inserting after "any"
primary,
Amend Bill, page 2, line 4, by inserting after "any"
primary,
Amend Bill, page 2, line 18, by inserting after "at"
primary,
Amend Bill, page 3, by inserting between lines 26 and 27
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
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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
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.
* * *
Amend Bill, page 4, line 11, by inserting a bracket before
"one"
Amend Bill, page 4, line 11, by inserting after "($1,000)"
] five thousand ($5,000)
Amend Bill, page 4, line 12, by inserting a bracket before
"one"
Amend Bill, page 4, line 12, by inserting after "year"
] two (2) years
Amend Bill, page 4, by inserting between lines 15 and 16
Section 1847. Prohibiting Duress and Intimidation of Voters
and Interference with the Free Exercise of the Elective
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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
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.
Amend Bill, page 4, line 22, by inserting a bracket before
"five"
Amend Bill, page 4, line 22, by inserting after "($500)"
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] two thousand five hundred ($2,500)
Amend Bill, page 4, line 23, by inserting a bracket before
"of"
Amend Bill, page 4, line 23, by inserting after "year"
] not exceeding two (2) years
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See A04423 in
the context
of SB0573