Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 612                           PRINTER'S NO.   1712
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 573
                                               Session of
                                                 2021
     INTRODUCED BY MASTRIANO, PITTMAN, BROOKS, HUTCHINSON, STEFANO
        AND J. WARD, APRIL 16, 2021
     AS AMENDED ON THIRD CONSIDERATION, JUNE 6, 2022
                                    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," in district election officers, further providing
    for appointment of watchers; IN VOTING BY QUALIFIED ABSENTEE <--
    ELECTORS, FURTHER PROVIDING FOR CANVASSING OF OFFICIAL
    ABSENTEE BALLOTS AND MAIL-IN BALLOTS; and, in penalties,
    further providing for refusal to permit overseers, watchers,
    attorneys or candidates to act, FOR PROHIBITING DURESS AND    <--
    INTIMIDATION OF VOTERS AND INTERFERENCE WITH THE FREE
    EXERCISE OF THE ELECTIVE FRANCHISE and for hindering or
    delaying performance of duty.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 417, 1806 and 1849 of the act of June 3,   <--
 1937 (P.L.1333, No.320), known as the Pennsylvania Election
 Code, are amended to read:
    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:
    Section 417.    Appointment of Watchers.--
    (a)    Each candidate for nomination or election at any
 election shall be entitled to appoint [two watchers for] three
 watchers at any PRIMARY, general, municipal or special election, <--
 each election district in which such candidate is voted for.
 Each political party and each political body which has nominated
 candidates in accordance with the provisions of this act, shall
 be entitled to appoint three watchers at any PRIMARY, general,       <--
 municipal or special election for each election district in
 which the candidates of such party or political body are to be
 voted for. Such watchers shall serve without expense to the
 county.
    (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] of the Commonwealth. Each
 watcher so appointed shall be authorized to serve 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]
 Commonwealth: Provided, That only one watcher for each candidate
 [at primaries, or] and one watcher for each party or political
 body at PRIMARY, 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
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 that a watcher 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] inside the enclosed space, but may not interfere with
 the counting of ballots. 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 at any facility where votes are
 collected, 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.
    (c)   No candidate or committee of a political party or of a
 political body, nor any other person or persons shall pay to any
 watcher compensation in excess of one hundred twenty ($120.00)
 dollars per diem.
    (d)   A watcher whose watcher's certificate is destroyed or
 lost on election day may appear before the court of common pleas
 under section 1206 and, after swearing under oath or affirmation
 that the watcher's certificate was destroyed or lost, may
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 immediately receive a replacement watcher's certificate issued
 by the court.
    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
 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
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 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.
 § 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.
    * * *
    Section 1806.   Refusal to Permit Overseers, Watchers,
 Attorneys or Candidates to Act.--Any member of a county board of
 elections, judge of election or inspector of election who shall
 refuse to permit any overseer or watcher, attorney or candidate
 to be present, as authorized by this act, at any session of a
 county board, computation and canvassing of returns of any
 primary or election, recount of ballots or recanvass of voting
 machines, as authorized by this act, or at any polling place
 during the time the polls are open at any primary or election,
 and after the close of the polls during the time the ballots are
 counted or voting machine canvassed and until the returns of
 such primary or election have been made up and signed, shall be
 guilty of a misdemeanor of the second degree, and, upon
 conviction thereof, shall be sentenced to pay a fine not
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 exceeding [one thousand ($1,000)] FIVE THOUSAND ($5,000)           <--
 dollars, or to undergo an imprisonment not exceeding [one (1)      <--
 year] TWO (2) YEARS, or both, in the discretion of the court. An <--
 individual who violates this section shall forfeit any
 compensation for election services rendered or shall repay
 compensation to the county, whichever applies.
    SECTION 1847.   PROHIBITING DURESS AND INTIMIDATION OF VOTERS   <--
 AND INTERFERENCE WITH THE FREE EXERCISE OF THE ELECTIVE
 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
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 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.
    Section 1849.   Hindering or Delaying Performance of Duty.--
 Any person who intentionally interferes with, hinders or delays
 or attempts to interfere with, hinder or delay any other person
 in the performance of any act or duty authorized or imposed by
 this act, shall be guilty of a misdemeanor of the second degree,
 and, upon conviction thereof, shall be sentenced to pay a fine
 not exceeding [five hundred ($500)] TWO THOUSAND FIVE HUNDRED      <--
 ($2,500) dollars, or to undergo an imprisonment [of not more       <--
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 than one (1) year] NOT EXCEEDING TWO (2) YEARS, or both, in the   <--
 discretion of the court.
    Section 2.   This act shall take effect in 60 days.
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