Pennsylvania Statutes § 2644 Regulation; subpoenas; witnesses; fees

Statute Text

(a) Each county board of elections may make regulations, not inconsistent with this act or the laws of this Commonwealth, to govern its public sessions, and may issue subpoenas, summon witnesses, compel production of books, papers, records and other evidence, and fix the time and place for hearing any matters relating to the administration and conduct of primaries and elections in the county under the provisions of this act. All subpoenas issued by the county board shall be in substantially the same form and shall have the same force and effect as subpoenas issued by the court of common pleas of such county, and, upon application, the board shall be entitled to the benefit of the process of such court if necessary to enforce any subpoena issued by them. Each member of the county board shall have the power to administer oaths and affirmations. Each person testifying before any county board shall be first duly sworn or affirmed.

(b) Any person filing any petition with a county board or opposing the same shall have the privilege of having subpoenas issued by the board to compel the attendance of witnesses, upon condition that all witnesses so subpoenaed shall be paid witness fees, in the manner herein provided.

(c) Witnesses subpoenaed by the county board shall each also be entitled to daily witness fees at the rate aforesaid, to be paid by the board: Provided, however, That election officers, clerks, machine inspectors, overseers and watchers, when subpoenaed by the county board to appear before the board, sitting for the computation and canvassing of votes cast at an election, shall not be entitled to witness fees.

(d) No subpoena shall be issued for the benefit of any person other than the county board until he shall have paid the board a fee of twenty-five (.25) cents for issuing the same and deposited with the board one day's witness fees for each witness to be summoned thereby, whose names shall be given to the board and entered by it in such subpoena and among its records, and no such subpoena shall be effective to require the further attendance of any witness after the day mentioned therein, unless the hearing be postponed or continued by the board, and unless, before four o'clock P.M. of said day, the person for whose benefit it be issued shall have deposited with the board an additional day's witness fees for each witness whose further attendance is desired. As soon as convenient after any hearing is concluded, postponed or continued on any day, the county board shall disburse the fees deposited with it by any persons aforesaid, among those witnesses who have appeared in response to subpoenas issued as aforesaid, and shall return to the person who deposited the same any fees deposited for others who did not attend, and shall also pay like fees to any witnesses summoned by the board as aforesaid, taking their receipts therefor, so long as there are sufficient funds available for such payments. The county board shall pay over to the county treasurer all fees received for subpoenas.

History

1937, June 3, P.L. 1333, art. III, § 304. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1193], effective 6/27/1978 .

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