Session: 2023-2024
ACLU-PA Position: Opposes
Pennsylvania law currently makes polling place intimidation a criminal offense (25 P.S. § 3547). HB 461 (PN 429) would allow a person who was subjected to intimidation at the polls to bring civil action and recover punitive damages, reasonable attorney fees, and other legal costs.
While well intentioned, HB 461 would confuse the already available implied private cause of action for anyone aggrieved by another person’s acts or threats that interfere with their ability to vote. By explicitly permitting a private cause of action for instances of voter intimidation, HB 461 would eliminate implied civil action and only allow it in cases where it was expressly permissible. So, for example, HB 461 does not include the offense of Assault and Battery at Polls (25 P.S. § 3529) from the list of covered violations. This would likely undermine the implied permission to sue, or worse, could prohibit it in cases of assault and battery at the polls (or any other violation of a section not enumerated in the bill).
Furthermore, the bill would require a criminal conviction, which requires a finding beyond a reasonable doubt, before the aggrieved person would be able to sue civilly. This is a higher threshold than what is required for private action, where the burden to recover civil damages only requires the lower standard of a preponderance of the evidence.
Check the bill's status here.
