Regular Session 2023-2024 Senate Bill 0603 P.N. 0600

PRINTER'S NO. 600

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

603

Session of

2023

INTRODUCED BY COLEMAN, APRIL 17, 2023

REFERRED TO STATE GOVERNMENT, APRIL 17, 2023

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 Pennsylvania Election Law

Advisory Board, further providing for Pennsylvania Election

Law Advisory Board; in recounts and contests, providing for

powers and duties of the Attorney General relating to

elections; and, in penalties, further providing for

disobeying lawful instructions, for perjury, for false

affidavits of candidates, for refusal to permit inspection of

papers, destruction or removal and Secretary of the

Commonwealth, for refusal to permit inspection of papers,

destruction or removal and county boards of elections, for

insertion and alteration of entries in documents, removal and

refusal to deliver, for refusal to permit overseers,

watchers, attorneys or candidates to act, for driving away

watchers, attorneys, candidates or overseers, for refusal to

permit election officers, clerks and machine inspectors to

act and driving away said persons, for refusal to administer

oath and acting without being sworn, for violation of oath of

office by election officers, for peace officers, failure to

render assistance and hindering or delaying county board

members and others, for nomination petitions and papers and

offenses by signers, for false signatures and statements in

nomination petitions and papers, for nomination petitions,

certificates and papers, destruction, fraudulent filing and

suppression, for offenses by printers of ballots, for

unlawful possession of ballots and counterfeiting ballots,

for forging and destroying ballots, for tampering with voting

machines, for destroying, defacing or removing notices, et

cetera, for police officers at polling places, for peace

officer, failure to quell disturbances at polls, hindering or

delaying election officers and others, for election officers

permitting unregistered electors to vote, challenges and

refusing to permit qualified electors to vote, for election

officers refusing to permit elector to vote in proper party

at primaries, for frauds by election officers, for prying

into ballots, for interference with primaries and elections,

frauds and conspiracy, for persons interfering in other

districts, for assault and battery at polls, for unlawful

assistance in voting, for election officers permitting

unlawful assistance, for failure to keep and return record of

assisted voters, for unlawful voting, for elector voting

ballot of wrong party at primary, for repeat voting at

elections, for removing ballots, for commissioners to take

soldiers' votes, for fraudulent voting by soldiers, for

bribery at elections, for receipts and disbursements of

primary and election expenses by persons other than

candidates and treasurers, for receipts of primary and

election expenses by unauthorized persons, for contributions

by corporations or unincorporated associations, for failure

to file expense account, for prohibiting duress and

intimidation of voters and interference with the free

exercise of the elective franchise, for failure to perform

duty, for hindering or delaying performance of duty and for

violation of any provision of act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 417(b) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended to read:

Section 417. Appointment of Watchers.--

* * *

(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 and must have completed

training required for poll watchers under section 1302-E(c)(8).

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

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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 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 2. Section 1302-E(c)(4) of the act is amended by

adding a subparagraph and the subsection is amended by adding

paragraphs to read:

Section 1302-E. Pennsylvania Election Law Advisory Board.

* * *

(4) Evaluate and make recommendations on:

* * *

(iii) The rules prescribed in the official

instructions and procedures manual under paragraph (7),

including provisions governing vendors contracted by

counties or the Department of State for the printing or

mailing of ballots.

* * *

(6) Establish and collaborate with a working group with

county election officials from a minimum of ten counties to

prescribe rules to achieve and maintain the maximum degree of

accuracy, impartiality, uniformity and efficiency of the

pro cedures for voting and producing, distributing,

collecting, counting, tabulating and storing of ballots.

(7) Adopt rules regarding the return of unused ballots,

ballot requests, voted ballots and other election materials

to and from an absent uniformed services voter , as defined by

52 U.S.C. § 20310 (relating to definitions) and subject to

the following:

(i) The rules shall be prescribed in an official

instructions and procedures manual to be issued to county

election officials not later than December 31 of each

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odd-numbered year. Prior to issuance, the official

instructions and procedures manual shall be submitted to

the Governor, the President pro tempore of the Senate,

the Speaker of the House of Representatives, the Majority

Leader and Minority Leader of the Senate, the Majority

Leader and Minority Leader of the House of

Representatives, the chair and minority chair of the

State Government Committee of the Senate and the chair

and minority chair of the State Government Committee of

the House of Representatives not later than October 1 of

each odd-numbered year.

(ii) Each rule included in the official instructions

and procedures manual under this paragraph shall provide

citations to relevant provisions of the act.

(8) Establish standards for annual training requirements

for all county election officers, poll workers , watchers and

judges of elections. Training to fulfill the requirements

shall be conducted online by the Department of State and

shall be made available on all business days.

(9) Develop standards for nonpartisan qualified elector

education and make the standards available to the public. The

standards shall, at a minimum, address:

(i) qualified elector registration;

(ii) balloting procedures, by mail and polling

place;

(iii) qualified elector rights and responsibilities;

(iv) distribution of sample ballots; and

(v) public service announcements.

(10) Receive reports from county boards of elections

required under section 302, to reexamine the standards

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developed under paragraph (9), and to use the findings in the

reports as a basis for modifying the standards under

paragraph (9) to incorporate successful qualified elector

education programs and techniques, as necessary.

* * *

Section 3. The act is amended by adding a section to read:

Section 1778. Powers and duties of the Attorney General

Relating to Elections.-- (a) The Attorney General shall, at

least 45 days prior to an election, appoint an independent

prosecutor to review election complaints received by the

Department of State and the county boards. The independent

prosecutor shall have experience prosecuting election law

violations and shall coordinate efforts with each level of law

enforcement. The independent prosecutor shall publish on a

publicly accessible Internet website a report following each

election that shall include:

(1) The total number of complaints filed and to which entity

the complaint was filed.

(2) A summary of how each complaint was investigated by the

independent prosecutor.

(3) Recommendations to the General Assembly, the Department

of State, and county boards for reducing future complaints.

(b) The report under this section shall be a public record

under the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

Section 4. Sections 1801, 1802, 1802.1, 1803, 1804, 1805,

1806, 1807, 1808, 1809, 1810, 1811, 1812, 1813, 1814, 1815,

1816, 1817, 1818, 1819, 1820, 1821, 1823, 1824, 1825, 1826,

1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836,

1837, 1838, 1839, 1840, 1841, 1843, 1845, 1847, 1848, 1849 and

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1850 of the act are amended to read:

Section 1801. Disobeying Lawful Instructions.--Any person

who wilfully disobeys any lawful instruction or order of any

county board of elections, or who refuses to obey their subpoena

duly issued and served under the provisions of this act, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding [five hundred ($500)]

one thousand ($1,000) dollars, or to undergo an imprisonment not

exceeding [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1802. Perjury.--Any wilful false statement made

under oath or affirmation or in writing, stating that it is so

made, although such oath or affirmation may not have actually

been made, by any person regarding any material matter or thing

relating to any subject being investigated, heard, determined or

acted upon by any county board of elections, or member thereof,

or by any court or judge thereof, judge of election, inspector

of election, or overseer, in accordance with the terms of this

act, shall be perjury, a misdemeanor of the first degree, and

any person, upon conviction thereof, shall be sentenced to pay a

fine not exceeding [ten thousand ($10,000)] twenty thousand

($20,000) dollars, or to undergo an imprisonment of not more

than [five (5)] ten (10) years, or both, in the discretion of

the court.

Section 1802.1. False Affidavits of Candidates.--Any

candidate for State, county, city, borough, incorporated town,

township or school district office or for the office of United

States Senator or Representative in Congress or any other

elective public office who knowingly makes a false statement

regarding his eligibility or qualifications for such office in

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his candidate's affidavit shall, in litigation which results in

the removal of the candidate from the ballot, be liable for

court costs, including filing fees, attorney fees, investigation

fees and similar costs, in an amount up to [ten thousand

($10,000)] twenty thousand ($20,000) dollars.

Section 1803. Refusal to Permit Inspection of Papers;

Destruction or Removal; Secretary of the Commonwealth.--Any

Secretary of the Commonwealth, deputy, or employe of his office,

who shall refuse to permit the public inspection or copying as

authorized, except when in use in his office, by this act, of

any return, nomination petition, certificate or paper, other

petition, account, contract, report or any other document or

record in his custody which, under the provisions of this act,

is required to be open to public inspection; or who shall

destroy or alter, or permit to be destroyed or altered, any such

document or record during the period for which the same is

required to be kept in his office; or who shall remove any such

document or record from his office during said period, or permit

the same to be removed, except pursuant to the direction of any

competent court or any committee required to determine any

contested primary or election, shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [one thousand ($1,000)] two thousand ($ 2,000)

dollars, or to undergo an imprisonment of not less than [one (1)

month] two (2) months nor more than [two (2)] four (4) years, or

both, in the discretion of the court.

Section 1804. Refusal to Permit Inspection of Papers;

Destruction or Removal; County Boards of Elections.--Any member,

chief clerk or other employe of any county board of elections,

who shall refuse to permit the public inspection or copying, as

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authorized by this act, of any general or duplicate return

sheet, tally paper, affidavit, nomination petition, certificate

or paper, other petition, witness list, account, contract,

report or any other document or record in the custody of such

county board which, under the provisions of this act, is

required to be open to public inspection; or who shall destroy

or alter, or permit to be destroyed or altered, any such

document or record during the period for which the same is

required to be kept in the office of such county board; or who

shall remove any such document or record from the office of such

county board during said period, or permit the same to be

removed, except pursuant to the direction of any competent court

or any committee required to determine any contested primary or

election, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [one (1) month] two (2) months

nor more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1805. Insertion and Alteration of Entries in

Documents; Removal; Refusal to Deliver.--Any member, chief clerk

or employe of any county board of elections or judge, inspector

or clerk of election, machine inspector, overseer, or other

person, who knowingly inserts or knowingly permits to be

inserted any fictitious name, false figure or other fraudulent

entry on or in any registration card, district register, voter's

certificate, list of voters, affidavit, tally paper, general or

duplicate return sheet, statement, certificate, oath, voucher,

account, ballot or other record or document authorized or

required to be made, used, signed, returned or preserved for any

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public purpose in connection with any primary or election; or

who materially alters or intentionally destroys any entry which

has been lawfully made therein, except by order of the county

board of elections or court of competent jurisdiction, or who

takes or removes any such book, affidavit, return, account,

ballot or other document or record from the custody of any

person having lawful charge thereof, in order to prevent the

same from being used or inspected or copied as required or

permitted by this act, or who neglects or refuses, within the

time and in the manner required by this act, to deliver the same

into the custody of the officers who are required by this act to

use or keep the same, shall be guilty of a misdemeanor, and,

upon conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not less than [one (1) month]

two (2) months or more than [two (2)] four (4) years, or both,

in the discretion of the court.

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, and, upon conviction thereof, shall be

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sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment not

exceeding [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1807. Driving away Watchers, Attorneys, Candidates

or Overseers.--Any person who by violence or intimidation shall

threaten or drive away any watcher, attorney, candidate or

overseer, or representative of the county board of elections, or

of the Secretary of the Commonwealth, required or permitted to

be present at any polling place, or who shall in any manner

prevent any overseer, or representative of the county board of

elections or of the Secretary of the Commonwealth from

performing his duty under this act, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not less than

[one (1) month] two (2) months nor more than [two (2)] four (4)

years, or both, in the discretion of the court.

Section 1808. Refusal to Permit Election Officers, Clerks

and Machine Inspectors to Act; Driving away Said Persons.--Any

person, including any election officer, who shall refuse to

permit any election officer, clerk or machine inspector, duly

elected or appointed and authorized to act, to perform the

duties imposed on him or to act as permitted by this act; or who

shall by violence or intimidation threaten or drive away, any

such election officer, clerk or machine inspector or who shall,

in any manner, prevent any such election officer, clerk or

machine inspector from performing his rights and duties under

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

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thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [one (1) month] two (2) months

or more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1809. Refusal to Administer Oath; Acting Without

Being Sworn.--If any judge of election or minority inspector of

election refuses or fails to administer the oath to the officers

of election, in the manner required by this act, or if any judge

of election, inspector of election, clerk of election, or

machine inspector, shall act without being first duly sworn, or

if any such person shall sign the written form of oath without

being duly sworn, or if any judge of election or minority

inspector of election or any other person authorized to

administer oaths shall certify that any such person was sworn

when he was not, he shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one hundred ($100)] two hundred ($200) dollars, or to

undergo an imprisonment not exceeding [six (6) months] one (1)

year, or both, in the discretion of the court.

Section 1810. Violation of Oath of Office by Election

Officers.--Any judge of election, inspector of election, clerk

of election, or machine inspector who shall wilfully violate any

of the provisions of his oath of office, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment not exceeding

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 1811. Peace Officers; Failure to Render Assistance;

Hindering or Delaying County Board Members and Others.--Any

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sheriff, deputy sheriff, constable, deputy constable, police or

other peace officer, who shall fail upon demand of any member of

a county board of elections, judge or inspector of election, or

overseer to render such aid and assistance to him as he shall

request in the maintenance of peace and in the making of

arrests, as herein provided, or who shall wilfully hinder or

delay or attempt to hinder or delay any member of a county

board, judge or inspector of election, or overseer in the

performance of any duty under this act, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [five hundred ($500)] one thousand

($1,000) dollars, or to undergo an imprisonment of not less than

[three (3)] six (6) months nor more than [two (2)] four (4)

years, or both, in the discretion of the court.

Section 1812. Nomination Petitions and Papers; Offenses by

Signers.--If any person shall knowingly and wilfully sign any

nomination petition or nomination paper, without having the

qualifications prescribed by this act, or if any person shall

set opposite a signature on a nomination petition or paper, a

date other than the actual date such signature was affixed

thereto, or if any person shall set opposite the signature on a

nomination petition or nomination paper, a false statement of

the signer's place of residence or occupation, or if any person

shall sign more nomination petitions or nomination papers than

permitted by the provisions of this act, he shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one hundred ($100)] two hundred ($200)

dollars, or to undergo an imprisonment of not less than [three

(3)] six (6) months nor more than [two (2)] four (4) years, or

both, at the discretion of the court.

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Section 1813. False Signatures and Statements in Nomination

Petitions and Papers.--If any person shall knowingly make a

false statement in any affidavit required by the provisions of

this act, to be appended to or to accompany a nomination

petition or a nomination paper, or if any person shall

fraudulently sign any name not his own to any nomination

petition or nomination paper, or if any person shall

fraudulently alter any nomination petition or nomination paper

without the consent of the signers, he shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [five hundred ($500)] one thousand

($1,000) dollars, or to undergo imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 1814. Nomination Petitions; Certificates and Papers;

Destruction; Fraudulent Filing; Suppression.--Any person who

shall falsely make any nomination certificate or who shall

wilfully deface or destroy any nomination petition, nomination

certificate or nomination paper, or any part thereof, or any

letter of withdrawal, or who shall file any nomination petition,

nomination certificate or nomination paper or letter of

withdrawal knowing the same, or any part thereof, to be falsely

made, or who shall suppress any nomination petition, nomination

certificate or nomination paper, or any part thereof, which has

been duly filed, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1815. Offenses by Printers of Ballots.--Any printer

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employed by any county board of elections to print any official

ballots, or any person engaged in printing the same who shall

appropriate to himself or give or deliver or knowingly permit to

be taken any of said ballots by any other person than such

county board of election or their duly authorized agent, or who

shall wilfully print or cause to be printed any official ballot

in any form other than that prescribed by such county board or

with any other names or printing, or with the names spelled

otherwise than as directed by them or the names or printing

thereon arranged in any other way than that authorized and

directed by this act, shall be guilty of a misdemeanor, and,

upon conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not less than [six (6) months]

one (1) year nor more than [five (5)] ten (10) years, or both,

in the discretion of the court.

Section 1816. Unlawful Possession of Ballots; Counterfeiting

Ballots.--Any person other than an officer charged by law with

the care of ballots, or a person entrusted by any such officer

with the care of the same for a purpose required by law, who

shall have in his possession outside the polling place any

official ballot, or any person who shall make or have in his

possession any counterfeit of an official ballot, shall be

guilty of a misdemeanor of the second degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [five thousand ($5,000)] ten thousand ($10,000)

dollars, or to undergo an imprisonment of not more than [two

(2)] four (4) years, or both, in the discretion of the court.

Section 1817. Forging and Destroying Ballots.--Any person

who shall forge or falsely make the official endorsement on any

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ballot or wilfully destroy or deface any ballot or wilfully

delay the delivery of any ballots shall be guilty of a

misdemeanor of the second degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [five thousand

($5,000)] ten thousand ($10,000) dollars, or to undergo an

imprisonment of not more than [two (2)] four (4) years, or both,

in the discretion of the court.

Section 1818. Tampering with Voting Machines.--Any election

officer or other person who shall unlawfully open or who shall

tamper with or injure or attempt to injure any voting machine to

be used or being used at any primary or election, or who shall

prevent or attempt to prevent the correct operation of such

machine, or any unauthorized person who shall make or have in

his possession a key to a voting machine to be used or being

used in any primary or election, shall be guilty of a

misdemeanor of the second degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [five thousand

($5,000)] ten thousand ($10,000) dollars, or to undergo an

imprisonment of not more than [two (2)] four (4) years, or both,

in the discretion of the court.

Section 1819. Destroying, Defacing or Removing Notices, Et

Cetera.--Any person who shall, prior to any primary or election,

wilfully deface, remove or destroy any notice or list of

candidates posted in accordance with the provisions of this act,

or who, during any primary or election, shall wilfully deface,

tear down, remove or destroy any card of instructions, notice of

penalties, specimen ballot or diagram printed or posted for the

instruction of electors, or who shall, during any primary or

election, wilfully remove or destroy any of the supplies or

conveniences furnished by the county board of elections to any

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polling place in order to enable electors to vote, or the

election officers to perform their duties, or who shall wilfully

hinder the voting of others, shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [one hundred ($100)] two hundred ($200) dollars,

or to undergo an imprisonment of not more than [three (3)] six

(6) months, or both, in the discretion of the court.

Section 1820. Police Officers at Polling Places.--Any police

officer in commission, whether in uniform or in citizen's

clothes, who shall be within one hundred (100) feet of a polling

place during the conduct of any primary or election, except in

the exercise of his privilege of voting or for the purpose of

serving warrants, or in accordance with the provisions of the

exception set forth in section 1207 of this act where the police

station or headquarters is located in the same building or on

the premises where the polling place is located or unless called

upon to preserve the peace, as provided by this act, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five hundred ($500)] one

thousand ($1,000) dollars, or to undergo an imprisonment of not

more than [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1821. Peace Officer; Failure to Quell Disturbances

at Polls; Hindering or Delaying Election Officers and Others.--

Any mayor, chief burgess, sheriff, deputy sheriff, constable,

deputy constable, police officer or other peace officer who

shall neglect or refuse to clear an avenue to the door of any

polling place which is obstructed in such a way as to prevent

electors from approaching, or who shall neglect or refuse to

maintain order and quell any disturbance if such arises at any

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polling place upon the day of any primary or election, when

called upon so to do by any election officer or any three

qualified electors of the election district, or who shall

wilfully hinder or delay, or attempt to hinder or delay, any

judge, inspector or clerk of election, machine inspector or

overseer in the performance of any duty under this act, shall be

guilty of a misdemeanor in office, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [one thousand

($1,000)] two thousand ($2,000) dollars, or to undergo an

imprisonment of not more than [one (1) year] two (2) years, or

both, in the discretion of the court.

Section 1823. Election Officers Permitting Unregistered

Electors to Vote; Challenges; Refusing to Permit Qualified

Electors to Vote.--Any judge or inspector of election who

permits any person to vote at any primary or election who is not

registered in accordance with law, except a person in actual

military service or a person as to whom a court of competent

jurisdiction has ordered that he shall be permitted to vote, or

who permits any registered elector to vote knowing that such

registered elector is not qualified to vote, whether or not such

person has been challenged, or who permits any person who has

been lawfully challenged to vote at any primary or election

without requiring the proof of the right of such person to vote

which is required by law, or who refuses to permit any duly

registered and qualified elector to vote at any primary or

election, with the knowledge that such elector is entitled to

vote, shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, and to undergo an imprisonment of not more than [seven

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(7)] fourteen (14) years, or both.

Section 1824. Election Officers Refusing to Permit Elector

to Vote in Proper Party at Primaries.--Any judge, inspector or

clerk of election who refuses to permit an elector at any

primary at which ballots are used to receive the ballot of the

party with which he is enrolled, or who gives to any such

elector the ballot of any party in which he is not enrolled, or

any judge, or inspector of election, or machine inspector who,

at any primary at which voting machines are used, adjusts any

voting machine about to be used by an elector so as not to

permit him to vote for the candidates of the party in which he

is enrolled, or so as to permit him to vote for the candidates

of any party in which he is not enrolled, shall be guilty of a

misdemeanor of the first degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [ten thousand

($10,000)] twenty thousand ($20,000) dollars, or to undergo an

imprisonment of not more than [five (5)] ten (10) years, or

both, in the discretion of the court.

Section 1825. Frauds by Election Officers.--Any judge,

inspector or clerk of election or machine inspector who shall be

guilty of any wilful fraud in the conduct of his duties at a

primary or election, and any person who shall make a false

return of the votes cast at any primary or election, or who

shall deposit fraudulent ballots in the ballot box or certify as

correct a return of ballots in the ballot box which he knows to

be fraudulent, or who shall register fraudulent votes upon any

voting machine or certify as correct a return of votes cast upon

any voting machine which he knows to be fraudulently registered

thereon, or who shall make any false entries in the district

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the voter's certificate of any elector actually voting at any

primary or election, or who shall fail to record voting

information as required herein, or who shall fail to insert in

the numbered lists of voters the name of any person actually

voting, or who shall wilfully destroy or alter any ballot,

voter's certificate, or registration card contained in any

district register, or who shall wilfully tamper with any voting

machine, or who shall prepare or insert in the voting check list

any false voter's certificates not prepared by or for an elector

actually voting at such primary or election, for the purpose of

concealing the destruction or removal of any voter's

certificate, or for the purpose of concealing the deposit of

fraudulent ballots in the ballot box, or the registering of

fraudulent votes upon any voting machine or of aiding in the

perpetration of any such fraud, or who shall fail to return to

the county board of election following any primary or election

any keys of a voting machine, ballot box, general or duplicate

return sheet, tally paper, oaths of election officers,

affidavits of electors and others, record of assisted voters,

numbered list of voters, district register, voting check list,

unused, spoiled and cancelled ballots, ballots deposited,

written or affixed in or upon a voting machine, or any

certificate, or any other paper or record required to be

returned under the provisions of this act; or who shall conspire

with others to commit any of the offenses herein mentioned, or

in any manner to prevent a free and fair primary or election,

shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, or to undergo an imprisonment of not more than [seven

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(7)] fourteen (14) years, or both, in the discretion of the

court.

Section 1826. Prying into Ballots.--Any judge, inspector or

clerk of election, or other person, who, before any ballot is

deposited in the ballot box as provided by this act, shall

unfold, open or pry into any such ballot, with the intent to

discover the manner in which the same has been marked, shall be

guilty of a misdemeanor, and upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five hundred ($500)] one

thousand ($1,000) dollars, or to undergo an imprisonment of not

more than [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1827. Interference with Primaries and Elections;

Frauds; Conspiracy.--If any person shall prevent or attempt to

prevent any election officers from holding any primary or

election, under the provisions of this act, or shall use or

threaten any violence to any such officer; or shall interrupt or

improperly interfere with him in the execution of his duty; or

shall block up or attempt to block up the avenue to the door of

any polling place; or shall use or practice any intimidation,

threats, force or violence with design to influence unduly or

overawe any elector, or to prevent him from voting or restrain

his freedom of choice; or shall prepare or present to any

election officer a fraudulent voter's certificate not signed in

the polling place by the elector whose certificate it purports

to be; or shall deposit fraudulent ballots in the ballot box; or

shall register fraudulent votes upon any voting machine; or

shall tamper with any district register, voting check list,

numbered lists of voters, ballot box or voting machine; or shall

conspire with others to commit any of the offenses herein

20230SB0603PN0600 - 21 -

mentioned, or in any manner to prevent a free and fair primary

or election, he shall be guilty of a felony of the third degree,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [fifteen thousand ($15,000)] thirty thousand

($30,000) dollars, or to undergo an imprisonment of not more

than [seven (7)] fourteen (14) years, or both, in the discretion

of the court.

Section 1828. Persons Interfering in Other Districts.--Any

person who shall on the day of any primary or election visit any

polling place at which he is not entitled to vote and at which

he is not entitled to be present under any provision of this

act, and shall use any intimidation or violence for the purpose

of preventing any election officer from performing the duties

required of him by this act, or for the purpose of preventing

any qualified elector from exercising his right to vote or from

exercising his right to challenge any person offering to vote,

or for the purpose of influencing the vote of any elector, he

shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [fifteen thousand ($15,000)] thirty thousand ($30,000)

dollars, or to undergo an imprisonment of not more than [seven

(7)] fourteen (14) years, or both, in the discretion of the

court.

Section 1829. Assault and Battery at Polls.--Any person who

shall unlawfully strike, wound or commit an assault and battery

upon the person of any elector at or near the polling place

during the time of any primary or election shall be guilty of a

misdemeanor of the first degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding [ten thousand

($10,000)] twenty thousand ($20,000) dollars, or to undergo an

20230SB0603PN0600 - 22 -

imprisonment of not more than [five (5)] ten (10) years, or

both, in the discretion of the court.

Section 1830. Unlawful Assistance in Voting.--Any elector at

any primary or election who shall allow his ballot or the face

of the voting machine voted by him to be seen by any person with

the apparent intention of letting it be known how he is about to

vote; or in districts in which ballots are used, shall cast or

attempt to cast any other than the official ballot which has

been given to him by the proper election officer; or who,

without having made the declaration under oath or affirmation

required by section 1218 of this act, or when the disability

which he declared before any registration commission no longer

exists, shall permit another to accompany him into the voting

compartment or voting machine booth, or to mark his ballot or

prepare the voting machine for voting by him; or who shall mark

his ballot or prepare the voting machine for voting while

another is unlawfully present in the voting machine compartment

or voting machine booth with him; or who shall state falsely to

any election officer that because of illiteracy he is unable to

read the names on the ballot or ballot labels or that by reason

of physical disability he cannot see or mark the ballot or enter

the voting compartment without assistance or that he cannot see

or operate the voting machine or enter the voting machine booth

without assistance; or who shall state, as his reason for

requiring assistance, a disability from which he does not

suffer; or any person who shall go into the voting compartment

or voting machine booth with another while voting or be present

therein while another is voting, or mark the ballot of another

or prepare the voting machine for voting with another, except in

strict accordance with the provisions of this act; or any person

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who shall interfere with any elector when inside the enclosed

space or when marking his ballot, or preparing the voting

machine for voting, or who shall endeavor to induce any elector

before depositing his ballot to show how he marks or has marked

his ballot; or any person giving assistance who shall attempt to

influence the vote of the elector whom he is assisting or who

shall mark a ballot or prepare a voting machine for voting in

any other way than that requested by the voter whom he is

assisting, or who shall disclose to anyone the contents of any

ballot which has been marked or any voting machine which has

been prepared for voting with his assistance, except when

required to do so in any legal proceeding, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 1831. Election Officers Permitting Unlawful

Assistance.--Any election officer who shall permit a voter to be

accompanied by another into the voting compartment or voting

machine booth when the registration card of such person contains

no declaration that such person requires assistance, or when

such person has not made, under oath or affirmation, the

statement required by section 1218 of this act, or when such

election officer knows that the disability which the elector

declared before any registration commission no longer exists, or

who shall permit any person to accompany an elector into the

voting compartment or voting machine booth, except as provided

by this act, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

20230SB0603PN0600 - 24 -

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1832. Failure to Keep and Return Record of Assisted

Voters.--Any judge of election who shall fail to record, as

required by section 1218 (c) of this act, the name of each

elector who received assistance or who is accompanied by another

into the voting compartment or voting machine booth; or who

shall insert in the record of assisted voters the name of any

elector who does not receive assistance or is not accompanied by

another into the voting compartment or voting machine booth; or

who shall fail to record the exact disability of any assisted

elector which makes the assistance necessary, or shall record in

respect of any assisted elector a disability, other than that

stated by the elector; or who shall fail to record the name of

each person rendering assistance to an elector as prescribed by

this act; or who shall knowingly record as the name of such

person giving assistance a name which is not the name of such

person; or who shall fail or neglect to return the record of

assisted voters to the county board of elections as required by

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not less than [two (2)] four (4) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1833. Unlawful Voting.--Any person who votes or

attempts to vote at any primary or election, knowing that he

does not possess all the qualifications of an elector at such

primary or election, as set forth in this act, shall be guilty

20230SB0603PN0600 - 25 -

of a misdemeanor of the first degree, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [ten

thousand ($10,000)] twenty thousand ($20,000) dollars, or to

undergo an imprisonment of not more than [five (5)] ten (10)

years, or both, in the discretion of the court.

Section 1834. Elector Voting Ballot of Wrong Party at

Primary.--Any elector who shall wilfully vote at any primary the

ballot of a party in which he is not enrolled, in violation of

the provisions of 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 thousand ($5,000)]

ten thousand ($10,000) dollars, or to undergo an imprisonment of

not more than [two (2)] four (4) years, or both, in the

discretion of the court.

Section 1835. Repeat Voting at Elections.--If any person

shall vote in more than one election district, or otherwise

fraudulently vote more than once at the same primary or

election, or shall vote a ballot other than the ballot issued to

him by the election officers, or shall advise or procure another

so to do, he shall be guilty of a felony of the third degree,

and, upon conviction thereof, shall be sentenced to pay a fine

not exceeding [fifteen thousand ($15,000)] thirty thousand

($30,000) dollars, or to undergo an imprisonment of not more

than [seven (7)] fourteen (14) years, or both, in the discretion

of the court.

Section 1836. Removing Ballots.--Any person removing any

ballot from any book of official ballots, except in the manner

provided 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 thousand ($5,000)] ten

20230SB0603PN0600 - 26 -

thousand ($10,000) dollars, or to undergo an imprisonment of not

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1837. Commissioners to Take Soldiers' Votes.--Any

commissioner appointed by or under the provisions of Article

XIII of this act who shall knowingly violate his duty or

knowingly omit or fail to do his duty thereunder or violate any

part of his oath, shall be guilty of perjury, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding [one thousand ($1,000)] two thousand ($2,000) dollars,

or to undergo an imprisonment of not more than [one (1) year]

two (2) years, or both, in the discretion of the court.

Section 1838. Fraudulent Voting by Soldiers.--Any person who

shall vote or attempt to vote at any election by electors in

military service under the provisions of Article XIII of this

act, not being qualified to vote at such election, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment of

not more than [one (1) year] two (2) years, or both, in the

discretion of the court.

Section 1839. Bribery at Elections.--Any person who shall,

directly or indirectly, give or promise or offer to give any

gift or reward in money, goods or other valuable thing to any

person, with intent to induce him to vote or refrain from voting

for any particular candidate or candidates or for or against any

constitutional amendment or other question at any primary or

election; or who shall, directly or indirectly, procure for or

offer or promise to procure for such person any such gift or

reward with the intent aforesaid; or, who with the intent to

20230SB0603PN0600 - 27 -

influence or intimidate such person to give his vote or to

refrain from giving his vote for any particular candidate or

candidates or for or against any constitutional amendment or

other question at any primary or election, shall give to or

obtain for or assist in obtaining for or offer or promise to

give to or obtain for or assist in obtaining for such person any

office, place, appointment or employment, public or private, or

threaten such person with dismissal or discharge from any

office, place, appointment or employment, public or private,

then held by him, shall be guilty of a felony of the third

degree, and, upon conviction thereof, shall be sentenced to pay

a fine not exceeding [fifteen thousand ($15,000)] thirty

thousand ($30,000) dollars, or to undergo an imprisonment of not

more than [seven (7)] fourteen (14) years, or both, in the

discretion of the court.

Section 1840. Receipts and Disbursements of Primary and

Election Expenses by Persons Other Than Candidates and

Treasurers.--Any member of a political committee who shall

receive or disburse any money or incur any liability for primary

or election expenses, except through the treasurer of such

political committee, and any person not a candidate or member of

a political committee who shall receive or disburse any money or

incur any liability for primary or election expenses, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [one thousand ($1,000)]

two thousand ($2,000) dollars, or to undergo an imprisonment of

not less than [one (1) month] two (2) months nor more than [two

(2)] four (4) years, or both, in the discretion of the court.

Section 1841. Receipts of Primary and Election Expenses by

Unauthorized Persons.--Any person or any political committee who

20230SB0603PN0600 - 28 -

receives money on behalf of any candidate without being

authorized to do so under the provisions of section 1623, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding [five thousand dollars

($5,000)] ten thousand dollars ($10,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

Section 1843. Contributions by Corporations or

Unincorporated Associations.--Any corporation or unincorporated

association, which shall pay, give or lend or agree to pay, give

or lend any money belonging to such corporation or

unincorporated association or in its custody or control, in

violation of the provisions of section 1633, shall be guilty of

a misdemeanor, and, upon conviction thereof, shall be sentenced

to pay a fine of not less than [one thousand dollars ($1,000)]

two thousand dollars ($2,000) nor more than [ten thousand

dollars ($10,000)] twenty thousand dollars ($20,000). Any

director, officer, agent or employe of any corporation or

unincorporated association who shall on behalf of such

corporation or unincorporated association pay, give or lend or

authorize to be paid, given or lent any money belonging to such

corporation or unincorporated association or in its custody or

control in violation of the provisions of section 1633, shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [ten thousand dollars

($10,000)] twenty thousand dollars ($20,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

20230SB0603PN0600 - 29 -

Section 1845. Failure to File Expense Account.--Any

candidate or treasurer of a political committee or person acting

as such treasurer who shall fail to file an account of primary

or election expenses, as required by this act, shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding [five thousand dollars

($5,000)] ten thousand dollars ($10,000), or to undergo an

imprisonment of not less than [one (1) month] two (2) months nor

more than [two (2)] four (4) years, or both, in the discretion

of the court.

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

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

20230SB0603PN0600 - 30 -

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

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 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)] four (4) years, or both, in the discretion of the

court.

Section 1848. Failure to Perform Duty.--Any Secretary of the

Commonwealth, member of a county board of elections, chief

clerk, employe, overseer, judge of election, inspector of

election, clerk of election, machine inspector or custodian or

20230SB0603PN0600 - 31 -

deputy custodian of voting machines on whom a duty is laid by

this act who shall wilfully neglect or refuse to perform his

duty, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [one

thousand ($1,000)] two thousand ($2,000) dollars, or to undergo

an imprisonment of not more than [two (2)] four (4) 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, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding [five

hundred ($500)] one thousand ($1,000) dollars, or to undergo an

imprisonment of not more than [one (1) year] two (2) years, or

both, in the discretion of the court.

Section 1850. Violation of Any Provision of Act.--Any person

who shall violate any of the provisions of this act, for which a

penalty is not herein specifically provided, shall be guilty of

a misdemeanor, and, upon conviction thereof, shall be sentenced

to pay a fine not exceeding [one thousand ($1,000)] two thousand

($2,000) dollars, or to undergo an imprisonment of not more than

[one (1) year] two (2) years, or both, in the discretion of the

court.

Section 5. This act shall apply to elections held on or

after the effective date of this section.

Section 6. This act shall take effect immediately.

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