SB 558 — An Act amending Title 38 (Holidays and Observances) of the Pennsylvania Consolidated Statutes, providing for election day and for observance of Election Day as a legal holiday; and imposing a penalty.

PRINTER'S NO.   550

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 558
                                                  Session of
                                                    2025

     INTRODUCED BY KANE, KEARNEY, STREET, HAYWOOD, COSTA, PENNYCUICK,
        TARTAGLIONE, SANTARSIERO AND MUTH, APRIL 4, 2025

     REFERRED TO STATE GOVERNMENT, APRIL 4, 2025


                                     AN ACT
 1   Amending Title 38 (Holidays and Observances) of the Pennsylvania
 2      Consolidated Statutes, providing for election day and for
 3      observance of Election Day as a legal holiday; and imposing a
 4      penalty.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 38 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a part to read:
 9                                  PART III
10                               LEGAL HOLIDAYS
11   Chapter
12      21.    Election Day
13                                 CHAPTER 21
14                                ELECTION DAY
15   Sec.
16   2101.    Definitions.
17   2102.    Observance of Election Day as a legal holiday.
18   § 2101.    Definitions.
19      The following words and phrases when used in this chapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Department."        The Department of State of the Commonwealth.
 4      "Election Day."        The day of a general election, municipal
 5   election or primary election.
 6      "General election."        The election held biennially on the
 7   Tuesday next following the first Monday of November in each
 8   even-numbered year.
 9      "Municipal corporation."        A city, borough, incorporated town
10   or township.
11      "Municipal election."        The election held on the Tuesday next
12   following the first Monday of November in each odd-numbered
13   year.
14      "Primary election."        An election for the nomination of
15   candidates.
16      "Private employer."        An employer that is engaged in business
17   in this Commonwealth. The term does not include a public
18   employer, school district or county.
19      "Public employer."
20             (1)   Any of the following:
21                   (i)    The Commonwealth.
22                   (ii)   A municipal corporation.
23             (2)   The term does not include a county or school
24      district.
25   § 2102.    Observance of Election Day as a legal holiday.
26      (a)    Observance.--A public employer shall observe Election
27   Day as a legal holiday.
28      (b)    Other public entities.--A school district or county may
29   observe Election Day as a legal holiday.
30      (c)    Private employers.--

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 1            (1)   On Election Day, a private employer shall provide no
 2      less than two hours of unpaid leave to its employees for the
 3      purpose of voting.
 4            (2)   A private employer that violates paragraph (1) shall
 5      pay a civil penalty of not less than $1,000 to the county
 6      board of elections.
 7      (d)   Enforcement.--The department shall enforce the
 8   provisions of this section and may promulgate regulations
 9   necessary to enforce the provisions of this section.
10      Section 2.    This act shall take effect in 60 days.




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