PRINTER'S NO. 1059
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
863
Session of
2021
INTRODUCED BY KANE, FONTANA, COSTA, MUTH, KEARNEY AND STREET,
SEPTEMBER 13, 2021
REFERRED TO STATE GOVERNMENT, SEPTEMBER 13, 2021
AN ACT
Amending Title 38 (Holidays and Observances) of the Pennsylvania
Consolidated Statutes, providing for election day and for
observance of Election Day as a legal holiday.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 38 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART I
PRELIMINARY PROVISIONS
Chapter
5. Election Day
CHAPTER 5
ELECTION DAY
Sec.
501. Definitions.
502. Observance of Election Day as a legal holiday.
§ 501. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of State of the Commonwealth.
"Election Day." The day of a general election, municipal
election or primary election.
"General election." The election held biennially on the
Tuesday next following the first Monday of November in each
even-numbered year.
"Municipal corporation." A city, borough, incorporated town
or township.
"Municipal election." The election held on the Tuesday next
following the first Monday of November in each odd-numbered
year.
"Primary election." An election for the nomination of
candidates.
"Private employer." An employer that is engaged in business
in this Commonwealth. The term does not include a public
employer, school district or county.
"Public employer."
(1) Any of the following:
(i) T he Commonwealth.
(ii) A municipal corporation.
(2) The term does not include a county or school
district.
§ 502. Observance of Election Day as a legal holiday.
(a) General rule.--A public employer shall observe Election
Day as a legal holiday.
(b) Other public entities.--A school district or county may
observe Election Day as a legal holiday.
(c) Private employers.--
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(1) On Election Day, a private employer shall provide no
less than two hours of unpaid leave to its employees for the
purpose of voting.
(2) A private employer that violates paragraph (1) shall
pay a civil penalty of not less than $1,000 to the county
board of elections.
(d) Enforcement.--The department shall enforce the
provisions of this section and may promulgate regulations
necessary to enforce the provisions of this section.
Section 2. This act shall take effect in 60 days.
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