PRINTER'S NO. 1433
No. 1242 Session of 1975
INTRODUCED BY CAPUTO, GEISLER, ROMANELLI, ITKIN, FLAHERTY,
KERNICK, TRELLO, ABRAHAM, MRKONIC AND MISCEVICH, MAY 6, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 1975
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, constables and their deputies and the
13 duties of constables and their deputies.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Subsection (a) of section 412, act of June 3,
17 1937 (P.L.1333, No.320), known as the "Pennsylvania Election
18 Code," amended July 20, 1968 (P.L.451, No.211), is amended to
19 read:
20 Section 412. Compensation of Election Officers.--[(a) In
21 counties of the first and second classes, second class A and
22 third class, the compensation of judges of election shall be
23 thirty dollars ($30.00) and the compensation of inspectors,
1 clerks and machine inspectors shall be twenty-five dollars
2 ($25.00) for each primary and election.]
3 * * *
4 Section 2. Section 1207 of the act, amended June 19, 1974
5 (No.122), is amended to read:
6 Section 1207. Peace Officers; No Police Officer to Be Within
7 One Hundred Feet of Polling Place, Exceptions; Presence of
8 Soldiers Prohibited.--The constable of each borough, township or
9 ward, or his deputy shall be present at the polling place in
10 each election district of such borough, township or ward at each
11 primary and election during the continuance thereof, and while
12 the votes are being counted, for the purpose of preserving the
13 peace, maintaining order, quelling any disturbance, and
14 enforcing the several provisions of the act dealing with the
15 conduct of elections, upon request of the judge of elections,
16 and shall serve at all elections for which services the said
17 constable and each of such deputies performing such services
18 shall receive the same compensation payable to inspectors and
19 clerks under section 412 [(a)] (b) of this act which shall be
20 paid by the county. Such sum shall include pay for serving
21 notices in writing to persons elected at such election. The
22 election officers, or any three qualified electors of any
23 election district, may call upon any mayor, chief burgess,
24 sheriff, deputy sheriff, constable, deputy constable, or police
25 officer, to clear an avenue to the door of any polling place
26 which is obstructed in such a way as to prevent electors from
27 approaching, or to maintain order and quell any disturbance, if
28 such arises. No police officer in commission, whether in uniform
29 or in citizen's clothes, shall be within one hundred feet of a
30 polling place during the conduct of any primary or election,
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1 unless in the exercise of his privilege of voting, or for the
2 purpose of serving warrants, or unless called upon to preserve
3 the peace, as provided by this act. No body of troops in the
4 Army of the United States or of this Commonwealth shall be
5 present, either armed or unarmed, at any place of election
6 within this Commonwealth during the time of any primary or
7 election: Provided, however, That no officer or soldier shall be
8 prevented from exercising the right of suffrage in the election
9 district in which he resides, if otherwise qualified: Provided,
10 further, That in counties of the second class, all constables
11 shall, as officers of the election court, report to said court
12 any alleged violations of the election laws, shall enforce any
13 order made by said court to secure compliance with said laws and
14 be available to testify before said court concerning any alleged
15 violations of this act dealing with the conduct of elections.
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