THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, SABATINA, CARROLL, CALTAGIRONE AND SWANGER, JUNE 2, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 2, 2011  

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," further providing for powers and duties of the

Secretary of the Commonwealth and for appointment of

watchers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 201 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended by

adding a subsection to read:

Section 201.  Powers and Duties of the Secretary of the

Commonwealth.--The Secretary of the Commonwealth shall exercise

in the manner provided by this act all powers granted to him by

this act, and shall perform all the duties imposed upon him by

this act, which shall include the following:

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(f.3)  To develop a mandatory professional certification and

poll watcher training program for use by county election

officials in consultation with county boards. Each poll watcher

shall attend at least one training class provided by the county

of residence before each election at which the watcher will

serve. A certificate of training shall be provided to a poll

watcher at the successful completion of training. The

certificate must be presented by the poll watcher at the polling

place before poll watching to verify training.

* * *

Section 2.  Section 417(b) of the act, amended October 8,

2004 (P.L.807, No.97), is amended to read:

Section 417.  Appointment of Watchers.--

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(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. Each watcher so appointed

shall be authorized to serve only 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]: Provided, That

only one watcher for each candidate at primaries, or for each

party or political body at 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 that a watcher] A watcher must 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 the enclosed space. 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, 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.

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Section 3.  This act shall take effect in 60 days.