PRINTER'S NO. 186
No. 195 Session of 1999
INTRODUCED BY NAILOR, MASLAND, COY, E. Z. TAYLOR, CALTAGIRONE,
READSHAW, SCRIMENTI, FEESE, GEIST, NICKOL, LAUGHLIN, STABACK,
HENNESSEY, CLARK, FARGO, WOJNAROSKI, RUBLEY, MARSICO, ARGALL,
VAN HORNE, R. MILLER, TIGUE, PLATTS, C. WILLIAMS, SEYFERT,
B. SMITH, ROSS, McCALL, HERSHEY, BENNINGHOFF, FORCIER,
SCHULER, MAHER, M. COHEN, HARHAI, ORIE, SAINATO, TRELLO,
STEELMAN, DALEY AND SCHRODER, JANUARY 28, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 1999
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," providing for substitutes; and further providing
12 for election officers to be sworn and privileged from arrest.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
16 as the Pennsylvania Election Code, is amended by adding a
17 section to read:
18 Section 401.1. Substitutes for Election Officers.--(a) Each
19 judge, inspector, clerk and machine inspector may designate a
20 substitute who shall serve in his stead for no less than two and
1 no more than eight hours on election day and, during that time,
2 shall perform the duties given to the designating officer by
3 this act. The judge and the county board of elections shall
4 approve the designation of a substitute for an inspector, clerk
5 or machine inspector. The county board of elections shall
6 approve the designation of a substitute for a judge.
7 (b) The qualifications of substitutes shall be the same as
8 provided for judges, inspectors, clerks and machine inspectors
9 in this act.
10 (c) A substitute shall receive a pro rata share of the per
11 diem compensation rate fixed by the county board of elections
12 for the designating officer based on the fraction of election
13 day worked by the substitute. The county board of elections
14 shall determine the substitute's share of the officer's
15 compensation and shall make payment directly to the substitute,
16 and the officer shall receive the balance.
17 (d) No substitute designated under this section shall serve
18 during the opening or closing of the polls.
19 Section 2. Sections 406 and 413 of the act are amended to
20 read:
21 Section 406. Election Officers to Be Sworn.--All judges,
22 inspectors, clerks of election [and], machine inspectors and
23 persons serving as their substitutes under section 401.1 shall,
24 before entering upon their duties at any primary or election, be
25 duly sworn in the presence of each other and of the watchers and
26 overseers, if any. The judge shall first be sworn by the
27 minority inspector or by a magistrate, alderman or justice of
28 the peace, and the inspectors, clerks and machine inspectors
29 shall then be sworn by the judge. A substitute shall be sworn by
30 the judge and shall take the same oath as that which is taken by
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1 the designating officer. Each of them shall forthwith sign in
2 duplicate the oath taken by him upon forms to be furnished by
3 the county board, and the same shall be attested by the officer
4 who administered the oath.
5 Section 413. Election Officers, Clerks, Machine Inspectors,
6 Substitutes and Overseers Privileged from Arrest.--District
7 election officers, clerks, machine inspectors, persons serving
8 as substitutes under section 401.1 and overseers shall be
9 privileged from arrest upon days of primaries and elections, and
10 while engaged in making up and transmitting returns, except upon
11 the warrant of a court of record, or judge thereof, for an
12 election fraud, for felony, or for wanton breach of the peace.
13 Section 3. This act shall take effect in 60 days.
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