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Pennsylvania: Protections Against Intimidation of Voters and Election Workers

This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.

Last Updated: June 26, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in Pennsylvania have the right to vote free from intimidation under federal and state law.footnote1_wCHWUFy5–4EH6BozBf17M025dhiddsZRyQ5lkAu9urc_oMT8pXNEZlPw1See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); 25 Pa. Stat. §§ 3547(a)–(b), 3527, 3528. The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Pennsylvania law:

In addition, the Pennsylvania Department of State specifies that intimidation includes “disseminating false or misleading election information, including information on voting eligibility, polling place procedures, polling place hours, or voting methods.”footnote5_IIBKew3d9xAU76F5DDxbWpWWcXEiccaTzXShWPIANsc_y62ZbAVzB1SX5Pennsylvania Department of State, Guidance Concerning Poll Watchers and Authorized Representatives, October 5, 2022, https://www.vote.pa.gov/Your-Rights/Pages/Poll-Watchers.aspx.

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although Pennsylvania permits any qualified voter, election official, overseer, or poll watcher to challenge another voter’s eligibility,footnote6_hWbILVmI-ohNPhOjNq92dbYa0OOQhUKSJqtSQ6YgQ2E_yFX0ocGpic6T625 Pa. Stat. §§ 1329(a), 3050(d). state law also provides for some guardrails:

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Pennsylvania here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a crime in Pennsylvania to prevent or attempt to prevent any election official from holding the election, interfere with the execution of their duties, or use or threaten any violence against an election official.footnote15_GGRXotIq3pind10q6KLyqORhXqj45Rgq5egJmCDfnKY_tyNz7VmcFZrr1525 Pa. Stat. § 3527. It is illegal for any person, including an election official, to refuse to permit any election official, clerk, or machine inspector to perform their duties or to threaten violence against any such person.footnote16_OXO0pY5PJ7eAZUz98UwluRhIEAc2Oxl8HQmByrYbvo_mpUkQ5JuTZMD1625 P.S. Elections & Electoral Districts § 3508.

Voter Intimidation by Poll Workers

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Pennsylvania poll workers here.

Intimidation by Poll Watchers

In addition to Pennsylvania’s intimidation laws detailed above, state law places limits on who may serve as poll watchers and what they may and may not do:

Judges of elections must remove watchers who are engaging in prohibited activities.footnote22_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_fmBcEEAFTyr222Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022.

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Pennsylvania poll watchers here.

State and Local Law Enforcement

Although on-duty law enforcement officers are generally prohibited from being within 100 feet of a polling place, they may be called upon by election officials or any three qualified electors of an election district to handle disturbances and maintain order.footnote23_-0ea29Tj92uuCJExlYipBncIg4w9OhWT-KvB94QZV8_zgQaqgTIjyRc2325 Pa. Stat. § 3047.

Guns at Polling Places

Pennsylvania law prohibits carrying weapons, including guns, in a number of places that are commonly used as polling places and drop box locations, such as schools and courthouses.footnote24_SYvEw0JBtfsLDypOhsevudKZGKUPvTWG0YzJmo3EmM_xHHPVB1pyoc92418 Pa. Stat. and Cons. Stat. §§ 912, 913.

Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Door-to-Door Intimidation

Pennsylvania law and federal law prohibit canvassing efforts that are used to intimidate voters.footnote25_TFiiaix8x5ZGDd9pkiNI7t1ylQZws7xeuxXSTj227KU_m0gZIQtCNWh72518 U.S.C. §§ 594, 241; 25 Pa. Stat. §§ 3547(a)–(b). Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials. Additionally, it is a misdemeanor in Pennsylvania to impersonate a public official.footnote26_XHhVu-b4z6FTIFz33JewgDEb9eyOSugwYkWlx9cHETc_kOHztatOYYBf2618 Pa. Stat. § 4912.

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