Home Table of Contents

§ 3047. Peace officers; no police officer to be within one hundred feet of polling place, excep...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: December 8, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article XII. Preparation for and Conduct of Primaries and Elections
Effective: December 8, 2009
25 P.S. § 3047
§ 3047. Peace officers; no police officer to be within one hundred feet of polling place, exceptions; presence of soldiers prohibited
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 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.

Credits

1937, June 3, P.L. 1333, art. XII, § 1207. Amended 1939, May 17, P.L. 166, § 1; 1945, March 2, P.L. 17, § 1; 1949, April 20, P.L. 617, § 1; 1969, June 19, P.L. 83, No. 29, § 1, effective Jan. 1, 1970; 1974, June 19, P.L. 366, No. 122, § 2, imd. effective; 1976, July 1, P.L. 523, No. 124, § 2, imd. effective. Affected 2009, Oct. 9, P.L. 494, No. 49, § 4(2)(xxix), effective in 60 days [Dec. 8, 2009]
HISTORICAL AND STATUTORY NOTES
Act 1976-124 legislation
The 1976 amendment added the provisos at the end of the fourth sentence.
Act 2009-49 legislation
Act 2009-49, § 4(2)(xxix), repealed the former first two sentences, which prior thereto read: “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.” See now, 44 Pa.C.S.A. § 7152.
25 P.S. § 3047, PA ST 25 P.S. § 3047
Current through 2018 Regular Session Acts 1 to 76, 80, 82, 85 to 87
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.