PRINTER'S NO. 1386
No. 1169 Session of 2003
INTRODUCED BY BEBKO-JONES, BELFANTI, CAWLEY, CRUZ, CURRY,
HARHAI, JAMES, JOSEPHS, LEVDANSKY, PALLONE, WASHINGTON AND
YOUNGBLOOD, APRIL 15, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2003
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 absence from employment to vote.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
15 as the Pennsylvania Election Code, is amended by adding a
16 section to read:
17 Section 705. Absence from Employment to Vote.--(a) Every
18 citizen of this Commonwealth who is qualified to vote under this
19 act and who is employed on the date of an election shall be
20 permitted by his employer to absent himself from employment for
21 the sole purpose of voting for a one and one-half hour period
22 during the times the polls are open without loss of pay. No such
1 employer may deny the employe's absence under this section or
2 impose any disciplinary action or penalty against the employe
3 for exercising his right under this section: Provided, however,
4 That the employer may specify the hours during which the employe
5 may be absent for voting and the employe makes a request for
6 absence prior to the day of the election consistent with the
7 employer's policy, practice or custom for requesting leaves of
8 absence.
9 (b) This section shall be inapplicable to any employe who is
10 able to vote one and one-half hour either between the opening of
11 the polls and the beginning of the employe's regular work hours
12 on the day of the election or between the end of those work
13 hours and the closing of the polls.
14 (c) This section shall apply to any employer that has an
15 employe who works in this Commonwealth, including, but not
16 limited to, the Commonwealth and its political subdivisions.
17 (d) Any employer that violates this section commits a
18 summary offense and shall be subject to a fine of two hundred
19 fifty dollars ($250).
20 Section 2. This act shall take effect in 60 days.
A6L25JS/20030H1169B1386 - 2 -