Pennsylvania House to consider voter intimidation penalty bill

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HARRISBURG, Pa. (WHTM) — A bill to bring more restitution options to victims of voter intimidation is heading to the State House for consideration.

House Bill 461, sponsored by State Rep. Stephen Kinsey (D-Philadelphia), would allow a person whose right to vote has been violated to bring civil action against someone convicted of polling place intimidation.

“Voting is a fundamental right all Americans have, and when folks go to a polling place to make their voice heard, they deserve to do so in peace without being harassed,” Kinsey said. “This legislation would bring justice to those who try to intimidate, harass, or bother others at the polls.”

Under existing Pennsylvania law, polling place intimidation is a criminal offense that can lead to a misdemeanor or felony conviction.

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Kinsey says the bill would help an “aggrieved person” to recover punitive damages, reasonable attorney fees, and other legal costs associated with bringing forth a criminal conviction.

“In addition to requiring a higher burden of proof and a burdensome amount of time and money, a criminal conviction may not lead to the restoration of justice for the person (whose) right to vote has been violated, Kinsey said at the meeting. “Victims of polling place intimidation deserve more options for restitution.”

The bill was approved by the committee by a 14-11 party-line vote with all Democrats voting in support and all Republicans voting against it.

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Among the lawmakers who voted against was the committee’s Republican chair and Midstate representative Rob Kauffman (R-Franklin).

Kauffman spoke at the meeting and asked for a definition of “aggrieved person” as well as further study on the bill.

“At this point, I won’t be supporting the bill. I think it deserves further study and consideration. But today I won’t be voting in favor of it,” he said.

The bill was referred to the full house for consideration.

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