Proposed bill in Pa. House would open convicted election disruptors to civil liability

Mar. 26—HARRISBURG — A Pennsylvania House Democrat's proposal to open criminals to civil liability upon conviction of intimidation or violence toward voters and poll workers advanced Tuesday toward a potential floor vote.

House Bill 461 from Rep. Stephen Kinsey, D-Philadelphia, moved out of the House Judiciary Committee on a 14-11 partisan vote — Democrats in favor, Republicans opposed.

Intimidation and violence toward voters, poll workers, election officials, candidates and more is a crime in Pennsylvania law, either a misdemeanor or a felony depending on the circumstance and severity. Criminal penalties range from fines of $1,000 to $15,000, a jail term of up to two years or imprisonment of up to seven years.

Kinsey's bill would open anyone convicted of such a crime to being sued in civil court for punitive damages, attorney's fees and court costs. Kinsey said victims might see their aggressor convicted but because of the nature of the crime, as it stands, restorative justice is unlikely.

"Victims of polling place intimidation deserve more options for restitution," Kinsey told committee members during a hearing Tuesday.

According to Kinsey, 14 states have similar protections including Arizona, California, Montana and Oklahoma.

Examples of voter intimidation cited by the Pennsylvania Department of State include aggressive or threatening behavior at a polling place, blocking or interfering with access to the polls or other election-related destinations, and disrupting voting lines at a polling place, ballot dropbox or postal service mailbox.

Pennsylvania's top election official, Secretary of the Commonwealth Al Schmidt, has been public about threats against himself and his family while he served as a Philadelphia city commissioner. The threats came after former President Donald Trump made baseless allegations against Schmidt, a Republican, concerning unfounded allegations of voter fraud in the 2020 presidential election.

Gov. Josh Shapiro formed the Pennsylvania Election Threats Task Force earlier this year, an ad hoc group of governmental officials led by Schmidt. It includes members of the governor's cabinet, civilian military personnel and law enforcement. The intent is to plan a response to threats and attacks on state elections, officials said. That includes protecting voters from being intimidated at the polls and providing "accurate, trusted election information."

The Washington Post reported Monday that according to the U.S. Department of Justice, approximately 20 people were charged with widespread threats against election officials serving in 2020 and 2022, with several sentenced to jail terms.

Rep. Rob Kauffman, R-Franklin, the committee's minority chair, sought to establish that the bill language might allow all registered voters in an entire voting district to be an aggrieved person within the bill should intimidation or violence at polling places influence the outcome of an election.

Though Kauffman voted in opposition, he said he thinks the bill "deserves further study and consideration."

Rep. Tim Briggs, D-Montgomery, committee chair, pointed out that the bill was introduced a full year ago, leaving plenty of time to review and consider its terms. He said he supports doing "everything we can to defend the integrity of our elections," especially in protecting election officials and poll workers.