PRINTER'S NO. 1854
No. 1531 Session of 1997
INTRODUCED BY ITKIN, ARGALL, DeLUCA, BEBKO-JONES, KIRKLAND, LEDERER, McGEEHAN, NICKOL, VANCE, MANDERINO, TANGRETTI, DERMODY, STABACK, CIVERA, ROONEY, READSHAW, L. I. COHEN, SHANER, COWELL, DALEY, JOSEPHS, MARKOSEK, VAN HORNE, MIHALICH, THOMAS, DENT, PETRARCA, MELIO, ROBERTS, PETTIT, LAUGHLIN, FARGO, TRELLO, STETLER, OLASZ, SCRIMENTI, RIEGER, LEVDANSKY, GEORGE, CALTAGIRONE, GORDNER, McCALL, TIGUE, SANTONI, STURLA, GEIST, SAYLOR, B. SMITH, BELARDI, BOSCOLA, CORPORA, YEWCIC, LUCYK, HALUSKA, PRESTON, BARRAR, MICHLOVIC, KAISER, WALKO, RAMOS, GIGLIOTTI, CORRIGAN, COLAFELLA, TRICH, A. H. WILLIAMS AND PETRONE, MAY 28, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 28, 1997
AN ACT 1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 2 "An act concerning elections, including general, municipal, 3 special and primary elections, the nomination of candidates, 4 primary and election expenses and election contests; creating 5 and defining membership of county boards of elections; 6 imposing duties upon the Secretary of the Commonwealth, 7 courts, county boards of elections, county commissioners; 8 imposing penalties for violation of the act, and codifying, 9 revising and consolidating the laws relating thereto; and 10 repealing certain acts and parts of acts relating to 11 elections," further providing for the compensation of 12 election officers; and further providing for peace officers 13 at polling places. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 412.1 of the act of June 3, 1937 17 (P.L.1333, No.320), known as the Pennsylvania Election Code, 18 added May 5, 1982 (P.L.374, No.108), is amended to read: 19 Section 412.1. Compensation of Election Officers.--(a) In
1 all counties, the compensation of judges, inspectors, clerks and 2 machine inspectors shall be fixed by the county board of 3 elections of the county at not less than the following: judge of 4 elections, forty-five dollars ($45.00); inspectors and clerks, 5 forty dollars ($40.00); and machine operators, forty dollars 6 ($40.00); and not more than the following: judge of elections, 7 [seventy dollars ($70.00)] one hundred twenty-eight dollars 8 ($128.00); inspectors and clerks, [sixty-five dollars ($65.00)] 9 one hundred twelve dollars ($112.00); and machine operators 10 [sixty-five dollars ($65.00)] one hundred twelve dollars 11 ($112.00); for each primary and election. The county board of 12 elections may, in its discretion, establish different per diem 13 rates within the above mentioned minima and maxima based on the 14 number of votes cast for the following groups: 150 votes or 15 less, 151 to 300 votes, 301 to 500 votes, 501 to 750 votes, 751 16 and over. 17 (b) For transmitting returns of primaries and elections and 18 the ballot box or boxes, all judges of elections shall each be 19 entitled to receive the additional sum of [six dollars ($6.00)] 20 ten dollars ($10.00). 21 (c) In counties of the second through eighth classes, the 22 county board of elections may require the minority inspector of 23 elections to accompany the judge of elections in transmitting 24 returns of primaries and elections, in which case the minority 25 inspector of elections shall be entitled to receive the 26 additional sum of [six dollars ($6.00)] ten dollars ($10.00). 27 (d) The person furnishing transportation to the judge of 28 election and the minority inspector in transmitting returns and 29 ballot boxes, shall be entitled to a minimum of [twenty cents 30 (20¢)] thirty cents (30¢) per mile circular from the polling 19970H1531B1854 - 2 -
1 place to the county courthouse. The name of such person shall
2 appear on the voucher of the judge of election and only one
3 person shall receive mileage compensation.
4 (e) When a primary and special election or a special and
5 general or municipal election take place on the same day, they
6 shall be construed as one election for the purpose of receiving
7 compensation.
8 Section 2. Section 1207 of the act, amended July 1, 1976
9 (P.L.523, No.124), is amended to read:
10 Section 1207. Peace Officers; No Police Officer to Be Within
11 One Hundred Feet of Polling Place; Exceptions; Presence of
12 Soldiers Prohibited.--The constable of each borough, township or
13 ward, or his deputy shall be present at the polling place in
14 each election district of such borough, township or ward at each
15 primary and election during the continuance thereof, and while
16 the votes are being counted, for the purpose of preserving the
17 peace, and shall serve at all elections for which services the
18 said constable and each of such deputies performing such
19 services shall receive the same compensation payable to
20 inspectors and clerks under section [412 (a)] 412.1(a) of this
21 act which shall be paid by the county. Such sum shall include
22 pay for serving notices in writing to persons elected at such
23 election. The election officers, or any three qualified electors
24 of any election district, may call upon any mayor, chief
25 burgess, sheriff, deputy sheriff, constable, deputy constable,
26 or police officer, to clear an avenue to the door of any polling
27 place which is obstructed in such a way as to prevent electors
28 from approaching, or to maintain order and quell any
29 disturbance, if such arises. No police officer in commission,
30 whether in uniform or in citizen's clothes, shall be within one
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1 hundred feet of a polling place during the conduct of any 2 primary or election, unless in the exercise of his privilege of 3 voting, or for the purpose of serving warrants, or unless called 4 upon to preserve the peace, as provided by this act: Provided, 5 however, That such prohibition shall not apply to such police 6 officers assigned to a police station or headquarters located in 7 a building or on the premises where the polling place is located 8 and such police officers must be within one hundred (100) feet 9 of the polling place to enter and exit such police station or 10 headquarters: And provided further, That in no event may any 11 police officer unlawfully use or practice any intimidation, 12 threats, force or violence nor, in any manner, unduly influence 13 or overawe any elector or prevent him from voting or restrain 14 his freedom of choice, nor may any such police officer 15 electioneer or directly or indirectly attempt to influence the 16 election or electors while within one hundred (100) feet of a 17 polling place as herein set forth: And provided further, That 18 where polling places are located in buildings or on premises 19 where a police station or headquarters are located, the polling 20 place shall be located in a separate room. No body of troops in 21 the Army of the United States or of this Commonwealth shall be 22 present, either armed or unarmed, at any place of election 23 within this Commonwealth during the time of any primary or 24 election: Provided, however, That no officer or soldier shall be 25 prevented from exercising the right of suffrage in the election 26 district in which he resides, if otherwise qualified. 27 Section 3. This act shall take effect immediately. B3L25JLW/19970H1531B1854 - 4 -