Bill Text: PA HB1316 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for peace officers.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2009-04-21 - Referred to STATE GOVERNMENT [HB1316 Detail]

Download: Pennsylvania-2009-HB1316-Introduced.html

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PRINTER'S NO. 1567
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1316 Session of2009
INTRODUCED BY CONKLIN, HARKINS, BRENNAN, FLECK, ROEBUCK AND GEIST, APRIL 21, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 21, 2009
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," further providing for peace officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1207 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended July 1, 1976 (P.L.523, No.124), is amended to read:
Section 1207. Peace Officers; No Police Officer to Be Within
One Hundred Feet of Polling Place; Exceptions; Presence of
Soldiers Prohibited.--[The constable of each borough, township
or ward, or his deputy shall be present at the polling place in
each election district of such borough, township or ward at each
primary and election during the continuance thereof, and while
the votes are being counted, for the purpose of preserving the
peace, and shall serve at all elections for which services the
said constable and each of such deputies performing such
services shall receive the same compensation payable to
inspectors and clerks under section 412 (a) of this act which
shall be paid by the county. Such sum shall include pay for
serving notices in writing to persons elected at such election.]
The election officers, or any three qualified electors of any
election district, may call upon any mayor, chief burgess,
sheriff, deputy sheriff, constable, deputy constable, or police
officer, 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 to maintain order and quell any disturbance, if
such arises. No police officer in commission, whether in uniform
or in citizen's clothes, shall be within one hundred feet of a
polling place during the conduct of any primary or election,
unless in the exercise of his privilege of voting, or for the
purpose of serving warrants, or unless called upon to preserve
the peace, as provided by this act: Provided, however, That such
prohibition shall not apply to such police officers assigned to
a police station or headquarters located in a building or on the
premises where the polling place is located and such police
officers must be within one hundred (100) feet of the polling
place to enter and exit such police station or headquarters: And
provided further, That in no event may any police officer
unlawfully use or practice any intimidation, threats, force or
violence nor, in any manner, unduly influence or overawe any
elector or prevent him from voting or restrain his freedom of
choice, nor may any such police officer electioneer or directly
or indirectly attempt to influence the election or electors
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while within one hundred (100) feet of a polling place as herein
set forth: And provided further, That where polling places are
located in buildings or on premises where a police station or
headquarters are located, the polling place shall be located in
a separate room. No body of troops in the Army of the United
States or of this Commonwealth shall be present, either armed or
unarmed, at any place of election within this Commonwealth
during the time of any primary or election: Provided, however,
That no officer or soldier shall be prevented from exercising
the right of suffrage in the election district in which he
resides, if otherwise qualified.
Section 2. This act shall take effect in 60 days.
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