State Rep. says you can't be forced to wear a mask when voting. Here's what you should know.

York Daily Record

When a county commissioner in Pennsylvania recently said that a mask is required to vote, the backlash was swift.

Among the anti-maskers was state Rep. Russ Diamond, R-Lebanon, who said voting is a constitutional right that is not contingent on whether a person wears a mask.

Is he right?

The Pennsylvania constitution spells out voting this way: "Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage."

Specifically in regards to voters' freedoms, the constitution says this: "Electors privileged from arrest. Electors shall in all cases except treason, felony and breach or surety of the peace, be privileged from arrest during their attendance on elections and in going to and returning therefrom."

The ACLU of Pennsylvania said county government must weigh the right to vote against the protection of health.

More:Lebanon County revolts against Gov. Wolf as no other county in Pennsylvania has done

"The right to vote is the cornerstone of our form of government, and public officials have a duty to protect it. They also must protect public health. If a county implements a rule on wearing masks in polling places, it must be consistent with public health guidelines. And any rule must accommodate voters who are unable to wear a mask so that they are not disenfranchised," said Andy Hoover, a spokesperson for the ACLU or Pennsylvania, in an email.

PA recommends masks

Two people walk past the York County Courthouse recently with their masks on. If you're headed to the polls Tuesday to vote in the primary election, masks are encouraged. All poll workers will be wearing masks.

The state is using the word "encourage" to promote the wearing of masks at the polls; masks are not required.

"We strongly encourage voters to wear masks out of respect for their fellow voters and for the dedicated poll workers staffing the polling places. Voters who are not wearing a mask will not be denied their right to vote," said Wanda Murren, director of the Office of Communications and Press for the Pennsylvania Department of State, in an email.

More:Didn't get your mail-in ballot in time? Here's how you can still vote.

The state also offers these recommendations, to promote the safety of others at the polls:

Wear a mask that covers your nose and mouth.
Bring your own pen to mark your ballot and limit your exposure to shared surfaces.
Practice good hand hygiene, such as hand sanitizer.
Maintain social distance from poll workers and other voters.
Follow instructions from poll workers and other election officials to help things run smoothly
Be patient. "This will be a new experience for everyone involved. You can help by being patient and understanding while you exercise your right to vote."

A loss of poll workers

The primary is June 2 in Pennsylvania. Some polling places have moved or consolidated in response to the pandemic.

The Lebanon County election and voter registration office found poll workers and election judges quitting in these months leading up to the primary. The fear of contracting the novel coronavirus is the leading reason for quitting.

York County has found the same, and one traditional polling place chose not to be a location this year for the primary.

"Most recently, we were down 250 poll workers," said York County spokesman Mark Walters.

More:Primary 2020: Who's on the ballot in central Pennsylvania?

The county also lost 30 judges of elections, out of 161. About 15 election inspectors volunteered to be judges to replace some of those who dropped out. The judge of elections oversees a polling place, often recruiting poll workers and making decisions the day of an election.

"People just don't want to come out and work at a place where people touch things," Walters said. "We're telling our poll people not to engage with people about masks."

Normandie Ridge, a retirement community in Shiloh that has been a polling place in past years, "said we're not gonna host an election this year," Walters said.

Poll workers arrive at election sites one to two hours before the polls open and receive a small stipend. The day for them goes all the way to the evening. Polls open at 7 a.m. for registered voters and close at 8 p.m.

Kim Strong can be reached at kstrong@ydr.com.