Pennsylvania: Protections Against Intimidation of Voters and Election Workers

Voters in Pennsylvania have the right to vote free from intimidation under federal and state law.footnote1_wCHWUFy5–4EH6BozBf17M025dhiddsZRyQ5lkAu9urc_oAjDt5nr5ZSt1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); 25 Pa. Stat. §§ 3547(a)–(b), 3527, 3528. Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_QY2dUiYlF4pPLu3rzJo7Dn6zjiQ5N6UWuUWFNXebnLM_mLjAVF1CQ6Pf1 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Pennsylvania law:

• Using or threatening to use force or violence to compel any person to vote or refrain from voting, to vote or refrain from voting for a particular candidate or question, or to register or refrain from registering to vote.footnote2_cwcSRsv2qhtkvMh08evKfK12YvF8ThwbONkejDF7oY_undlv5w3smwn2 25 Pa. Stat. § 3547(a); see also 25 Pa. Stat. §§ 3527, 3528.
• Interfering with the ability of any elector to vote through duress, coercion, force, or fraud.footnote3_dfDcGH4M1Ql8BALIfvTzKvd0P14C82Pgo4Anj30qY_qGrdTx5BhkS63 25 Pa. Stat. § 3547(b).
• Blocking or attempting to block the entrance or exit of any polling place.footnote4_GGRXotIq3pind10q6KLyqORhXqj45Rgq5egJmCDfnKY_epVjAADLnvAt4 25 Pa. Stat. § 3527.

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_uIxz54hqMhGO5 Pennsylvania 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_l70gkRIF7n386 25 Pa. Stat. §§ 1329(a), 3050(d).  state law also provides for some guardrails:

• Challenges must be in good faith and may only be brought regarding a voter’s identity or residency.footnote7_yW4UpHW5jWf-qoFSUPshi59kVA6jzm9xojoKUB-lchI_ngdL1XwzyOuH7 Pennsylvania Department of State, Guidance on Rules in Effect at the Polling Place on Election Day, October 2016, 4–5, https://www.dos.pa.gov/votingelections/otherservicesevents/documents/dos%20guidance%20on%20rules%20in%20effect%20at%20the%20polling%20place%20on%20election%20day%2010–16.pdf.Thus, challenges based at all on race, national origin, appearance, surname, language, religion, or some other characteristic unrelated to the qualifications to vote are not permitted.footnote8_zHd5Fvp2V2SIKtyu-OMjl6Qio44rZVhOzRJ1Ghzi7R0_fNC0Nwkcr67Q8 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” October 5, 2022, https://www.vote.pa.gov/Your-Rights/Pages/Poll-Watchers.aspx.
• Challenges must be directed to the judge of elections, who shall determine if the challenge is based on actual evidence and if there is a good-faith basis to believe the challenged person is not qualified to vote.footnote9_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_wTEzm0i63zrb9 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022. In determining the qualifications of electors, the judge of elections must “impartially and faithfully perform [his or her] duties,” as required by the oath taken before each election.footnote10_TVd0eAaNdsKVCCdNFx3lBBOxuQ9jLwcLPlR4asH-bDg_pr4Skvradbib10 25 Pa. Stat. § 2677.
• Judges of elections are prohibited from allowing “routine or frivolous challenges that are not supported by a stated good faith basis and evidence that a person is or may not be eligible.”footnote11_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_jhhDcFsT9BVA11 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022.
• A voter may not be refused a regular ballot unless the election officials of the precinct are satisfied that the challenger has properly proven the voter’s ineligibility with sufficient evidence.footnote12_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_cusntDzHwELL12 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022.

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

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote13_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_dGVI5hYsPyXR13 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote14_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_g6LpVqOQRfHm14 52 U.S.C. § 20507(c)(2)(A).

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_mTLQtqWRUPtS15 25 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_aWNUrrmvLjU916 25 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:

• Watchers must be a qualified registered elector of the county in which they are appointed to serve.footnote17_jLzaEluFw77YaTSBYNOWmqOpkmHvMNj8QxYgBQCq8YM_dhm3Uj8UwZJL17 25 Pa. Stat. § 2687(b).
• Each candidate may appoint two poll watchers per electoral district in which he or she is on the ballot, and each political party that has nominated candidates on the ballot may appoint three poll watchers for each district in which those candidates will appear on the ballot.footnote18_i2QMOas6bE83GhR2IDgANDFKrIeOq-Sp0dH0Me0SY_yJABC20Yi4Dh18 25 Pa. Stat. § 2687(a).
• Watchers can keep a list of voters and make good-faith challenges against any voter’s identity or residency. When no voters are present at a polling place, watchers can also inspect the voting checklist and the list of voters maintained by the county board; however, they may only do so under the supervision of a poll worker.footnote19_6C2BFrDF5XtCBz1NfvMYJRc3Bv1irZsYY40-SidkKcw_brIzdHbh1dKi19 25 Pa. Stat. § 2687(b).
• Watchers may not engage in certain activities, including speaking directly to or threatening voters, asking voters for documentation, or blocking a polling place entrance.footnote20_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_tg8i4hRbm3Dz20 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022.
• Watchers must show their certificate from the county board of elections stating their name and the name of the candidate or party they represent upon request.footnote21_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_x8c8JjUwTz5f21 Pennsylvania Department of State, “Guidance Concerning Poll Watchers and Authorized Representatives,” 2022.

Judges of elections must remove watchers who are engaging in prohibited activities.footnote22_SQtRwRDCwPKSesuULtW7goNGS31VP92LOMgj5tj4s_s3RRRswx1wYh22 Pennsylvania 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_focrzt1PG8cR23 25 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_dknEapeJIQen24 18 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_eAySYQx6p5Wq25 18 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_vTcwknV0Mi6826 18 Pa. Stat. § 4912.