PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 8.1 Issued Date: 06-19-03 Effective Date: 06-19-03 Updated Date: SUBJECT: PRIMARY, GENERAL, AND SPECIAL ELECTIONS 1. POLICY A. Officers and Supervisors of the Philadelphia Police Department participating in the collection of Election Returns will make every effort to facilitate the swift collection of this data, and its delivery to the Regional Transmission Center (RTC) or drop off point (refer to election manual) to the Philadelphia Computing Center (PCC). B. Officers, when on patrol, will keep all polling places on their sector under surveillance. 2. ELECTION MATERIALS A. Prior to Election Day, District Commanding Officers will receive the following items: 1. A list of wards and polling locations the district is responsible for collecting. 2. Absentee Ballot Lists and receipts for the same. 3. Copies of the "Philadelphia Police Department's Election Manual", via E-Mail. B. Approximately two (2) weeks before Election Day, Reports Control Unit will generate a computer message notifying the districts that will be used to store election materials. 3. PROCEDURES A. Reports Control Unit: 1. The Reports Control Unit will maintain, update, and distribute the "Philadelphia Police Department's Election Manual." a. The Election Manual will supplement this directive and provide current data for the following subjects: DIRECTIVE 8.1-1
1) Phone numbers, locations, and room numbers of any city offices involved in the election process. 2) Wards/Divisions totals for which each district is responsible. 2. Reports Control Unit will initiate all computer messages relating to the Police Department's collection of election returns. a. Reports Control will forward, via computer message, all polling location changes that take place within 72 hours before the elections. 3. Police Liaison Detail: a. This detail will be activated on the day of the elections and manned by personnel from the Reports Control Unit. B. Absentee Ballot Lists: 1. The City Commissioner's Office is responsible for the delivery of Absentee Ballot Lists to the districts on the morning of Election Day. 2. District Commanding Officers will: a. Ensure Absentee Ballot Lists are delivered to the appropriate polling place without delay. b. Retain the Absentee Ballot Lists/receipts in the district for one week after the election. Receipts will then be returned to the City Commissioner s Office, 5 th floor, 520 Riverview Pl., Delaware Avenue & Spring Garden Sts. via city mail. 3. Officers assigned to deliver Absentee Ballot Lists to the polling places will: a. Obtain a signed receipt for each of the Lists delivered. The receipt must be signed by any of the following officials: 1) Judge of Elections 2) Majority Inspector 3) Minority Inspector b. Obtain and record the Judge of Elections' name, and phone number of polling location. c. Deliver the Judge of Elections name, polling location phone number and the receipts for the Absentee Ballot Lists to the District Lieutenant assigned to the Election Detail. DIRECTIVE 8.1-2
d. If any of the Absentee Ballot Lists are mistakenly returned to the district, the supervisor on duty will have them delivered to the City Commissioner s Office 520 Riverview Pl., Delaware Avenue & Spring Garden Sts. as soon as possible. C. District Responsibilities and Functions: 1. Districts will distribute the Absentee Ballot Lists, collect election return bags, and deliver same to the RTC or drop off point. 2. Divisional Inspectors and District Captains are responsible for the efficient collection of all election returns in their area of assignment. 3. Commanding Officers' Responsibilities: a. Ensure there are sufficient district personnel available on the 4:00 PM to 12:00 AM tour of duty to expedite the collection of election returns and facilitate normal district functions. Normal work schedules, including RDO, will remain in effect. b. Thirty (30) days prior to each election, in response to a computer message, designate one (1) Lieutenant to supervise the collection of election return bags in their respective district. c. Submit, via Police computer, to Reports Control Unit, (SEND/P4MP) a message listing the designated Lieutenant's name, badge number, platoon, and squad day off. If on the night of elections the Lieutenant can be reached at a phone number other than the normal district phone number, include that number. d. Familiarize themselves with and adhere to the Election Manual. e. Monitor E-Mail and general computer messages for election information and instructions. f. Ensure all sworn personnel are familiar with the Regulations for Police on Election Day, see Appendix A. 4. Designated Lieutenants' Responsibilities: a. Familiarize themselves with and adhere to the Election Manual. b. Ensure that the Absentee Ballot Lists have been delivered and all receipts are accounted for. DIRECTIVE 8.1-3
c. Have the judge of Elections name and phone number of polling locations available for your use on election night, if required. This data should be destroyed ten (10) days after the election. (See Section 3-B-3-b) d. Designate a district phone, if required, for the civilian supervisor stationed at the district. e. Notify Police Liaison immediately if any problems are encountered during the collection of election returns. f. Assign police personnel to pick up election return bags. 1) Assignments will be made in a manner conducive to an efficient, timely operation with the optimum use of manpower. 2) Officers may be assigned to collect election materials outside their districts. g. Brief the officers on collection procedure (Section 3-C-5). h. Upon completion of the collection and delivery of election return bags, immediately notify Police Liaison at Election Headquarters. i. Monitor E-Mail and general messages for election information and instructions. j. Lieutenant MUST remain on duty until a computer message is received relieving them. 5. Collection Procedures: a. Officers detailed to collect election return bags will organize their collection so that the last polling location collected is the one nearest their assigned RTC or drop-off point. b. When the polls close officers will pick up election return bags from the Judge of Elections at each polling place and deliver them to their assigned RTC or drop-off point as soon as possible. c. Officers will be at the first polling location by 8:05pm. d. If the Judge of Elections or designee is not available or the polls are closed, proceed to the next location. In these situations, no further effort will be made to collect election return bags from that polling location. DIRECTIVE 8.1-4
4. REFERRAL OF COMPLAINTS A. Voting Machine Malfunction: 1. Callers reporting a voting machine malfunction will be instructed to call the phone number supplied in the Election Manual with the following information: a. Ward and Division b. Location of polling place c. Make of voting machine d. Description of equipment problem B. Election Irregularities: 1. Any complaints regarding election irregularities will be referred to the Election Court located in predetermined districts and City Hall. Police personnel will be advised of the courts' location by computer message prior to the Election Day. 5. REGULATIONS FOR POLICE PERSONNEL ON ELECTION DAY A. It is the duty of the Judge of Elections to keep order and see to the strict observance of the Election Code. The responsibilities of the police outlined below were taken from Pennsylvania Statutes (P.S.), Title 25, "Elections and Electoral Districts." 1. No police officer whether in uniform or civilian attire will be within 100 feet of a polling place unless in the exercise of their privilege of voting, or for the purpose of serving warrants, or unless called upon to preserve the peace. 25 P.S. 3047 2. Election officers, or any three (3) qualified electors (voters), may call upon a police officer to clear a path to the door of any polling place which is obstructed in such a way as to prevent electors from approaching or to maintain order and quell any disturbances if such arises. 25 P.S. 3047 3. Members of the County Board of Elections and custodians of voting machines will be exempt from arrest while performing their duties as such except upon warrant of a court of record or judge thereof, for felony, for wanton breach of the peace, or for a criminal violation of this Act. 25 P.S. 2651 DIRECTIVE 8.1-5
6. GENERAL INFORMATION A. At all primaries and general elections, polls will be opened at 7:00 AM, and remain open until 8:00 PM. At 8:00 PM, all voters who have qualified, and are in line, will be permitted to vote. At that time an Election Board member should take a position at the end of the line and not permit anyone else to join the line. B. The following persons are permitted to remain in polling places at any time: 1. Judge of Election 2. Majority Inspector 3. Minority Inspector 4. Machine Operator 5. Clerk (Appointed by Minority Inspector) 6. Overseer (appointed by court only in the event trouble is anticipated) 7. Only one (1) watcher certificate holder for each candidate at a primary, or one (1) for each party at a special or general election is permitted inside of polling location at a time. a. Two (2) watcher certificates are issued for each candidate at a primary; three (3) watcher certificates for each party at a general or special election. C. All persons, except those mentioned above, persons voting, and persons lawfully giving assistance to voters, must remain at least ten (10) feet from polling places while the polls are open. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 8.1-6
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 8.1 APPENDIX A Issued Date: 09-19-03 Effective Date: 06-19-03 Updated Date: SUBJECT: REGULATIONS FOR POLICE ON ELECTION DAY A. The Philadelphia Home Rule Charter places the following restrictions on political activities, and is quoted for the information and guidance of all members of the Philadelphia Police Department for use in the upcoming election. 1. The Charter provides that all City Officers elected or appointed, and all City employees, Civil Service or non-civil Service, and all employees of governmental agencies paid out of the City Treasury are prohibited from demanding, soliciting, collecting or receiving from any persons assessments, subscriptions or contributions for political purposes. In addition, all officers or members of the Police and Fire Departments are specifically forbidden by the Charter from paying or giving any money or valuable thing or making any subscription, whether voluntary or involuntary, for any political purpose whatever. 2. Appointed officers and employees of the City are forbidden from being a member of any National, State or local committee of a political party, or an officer or member of a committee of a partisan political club, and they shall not take any part in the management or affairs of any political party or participate in any political campaign, except to exercise their right of franchise and as a citizen privately to express their opinion. This prohibition includes County as well as City officers. 3. Any officer or employee of the City, except elected officers contesting for re-election, shall not be a candidate for nomination or election to any public office unless they shall have first resigned from the positions they hold. 4. Any officer or employee of the City who violates any of the Charter provisions affecting political activity shall be ineligible for one year for any office or position under the City in addition to any other penalty that is provided. DIRECTIVE 8.1-1 APPENDIX A
The Act of June 3, 1937, P.L. 1333, Section 1820, also provides: Any police officer in commission, whether in uniform or in citizen s clothes, who shall be within one hundred (100) feet of a polling place during the conduct of any primary or election, except in the exercise of his privilege of voting or for the purpose of serving warrants, or unless called upon to preserve the peace, as provided by the Act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding Five Hundred ($500.00) Dollars, or to undergo an imprisonment of not more than one (1) year, or both in the discretion of the Court. Polls open 7 A.M. and close 8 P.M. Prompt report must be made to the office of the Police Commissioner by the Commanding Officer of any member of the Police Department violating any of the provisions of the Philadelphia Home Rule Charter or the Act of Assembly quoted above. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 8.1-2 APPENDIX A
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 8.1 Issued Date: 06-19-03 Effective Date: 06-19-03 Updated Date: SUBJECT: POLITICAL ACTIVITY OF CITY EMPLOYEES 1. CITY CHARTER, SECTION 10-107 A. The City Charter, Section 10-107 places certain restrictions on political activities of appointed officers and employees of the City, including employees on leave of absence. To carry out the intent of the Charter and to define which political activities are permissible or prohibited, Civil Service Regulation 29 was adopted. B. Accordingly, you are urged to POST a copy of this memorandum on all bulletin boards in your offices or work stations and SEND a copy to each of your employees who is on leave of absence. The following are important points in the Regulation on which each employee should be informed: C. Every employee should know that the Regulations prohibits activity aimed at promoting or opposing the success of a political party or body or the nomination or election of particular candidates at primary, general, or special elections. 1. Typical of the permitted activities are the following: a. Civil Service employees may voluntarily: 1) cast their votes at any election. 2) express privately their opinions on any candidate. 3) distribute printed matter, badges or buttons in support of any political issue provided that such issue is not identified with any particular political party, body or candidate and does not call for the nomination or election of any particular candidate to public or party office. 4) make voluntary contributions for political purposes--unless YOU ARE A UNIFORMED OFFICER OR EMPLOYEE OF THE POLICE DEPARTMENT or Fire Department. 5) Attend as a spectator any political meeting or convention. 6) Attend dinners or social functions of a political character. 7) participate in any loan referendum election, including public statements, distribution of literature, wearing of badges, and urging voters to vote. DIRECTIVE 8.1-2
2. Typical of the prohibited activities are the following: a. A Civil Service employee may not: 1) be an officer or member of a committee of a political party or body, or of a committee of a partisan political club or organization. 2) Distribute printed matter, badges or buttons in support of any candidate for public or party office or political party or body. 3) wear on his person display badges, emblems, signs, posters, and the like which are in favor of or against a political party, body or candidate. 4) serve at party headquarters or otherwise engage in campaign activities on behalf of a party or candidate in any political campaign or election; engage in transportation of voters to the polls on election day on behalf of any candidate or party; act as the accredited watcher of any political party, body or candidate, or engage in any political activity at the polls except the casting of their own vote. 5) by collusion, or indirection through another person, attempt to accomplish what is prohibited by the Regulations. 6) as a uniformed or investigatory member of the Fairmount Park Commission, Police or Fire Departments, make any contribution of money or any valuable thing, whether voluntary or involuntary, for any political purpose whatever. D. It is imperative that all employees become familiar with the essence of this Regulation. Violation of either of the Charter or of the Regulation carries with it severe penalties. These penalties are immediate dismissal from employment, ineligibility for one year from holding any office or position under the City, and a maximum fine of $300 or 90 days imprisonment, or both. NOTE: For additional information on this subject, you may wish to refer to the Political Activity Guide issued by the City Solicitor s Office. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 8.1-2