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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GOODMAN, SHAPIRO, SANTARSIERO, BRIGGS, CALTAGIRONE, CARROLL, D. COSTA, DALEY, DEASY, DELISSIO, DePASQUALE, FABRIZIO, GERBER, GERGELY, GIBBONS, HARHAI, HARKINS, HENNESSEY, HORNAMAN, JOSEPHS, KAVULICH, KORTZ, KULA, MAHONEY, MARSHALL, MATZIE, McGEEHAN, MIRABITO, MOUL, MUNDY, MURPHY, M. O'BRIEN, PASHINSKI, PAYTON, RAVENSTAHL, READSHAW, SAMUELSON, K. SMITH, STEPHENS, SWANGER, WAGNER, WATSON AND WHITE, JUNE 10, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 2011 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," providing for limitations on certain |
12 | contributions. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. The act of June 3, 1937 (P.L.1333, No.320), known |
16 | as the Pennsylvania Election Code, is amended by adding a |
17 | section to read: |
18 | Section 1627.1. Limitations on Certain Contributions.-- |
19 | (a) No individual shall make contributions: |
20 | (1) To a candidate, or the candidate's political committee, |
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1 | which, in the aggregate, exceed two thousand five hundred |
2 | dollars ($2,500) per election. |
3 | (2) To a single political action committee which, in the |
4 | aggregate, exceed five thousand dollars ($5,000) per calendar |
5 | year. |
6 | (3) To a single political party committee which, in the |
7 | aggregate, exceed ten thousand dollars ($10,000) per calendar |
8 | year. |
9 | (4) Aggregating more than forty-six thousand two hundred |
10 | dollars ($46,200) to all candidates for public office of the |
11 | Commonwealth combined in a two-year period beginning with the |
12 | first day of an odd-numbered year and ending on the last day of |
13 | the next even-numbered year. |
14 | (5) Aggregating more than seventy thousand eight hundred |
15 | dollars ($70,800) in all other contributions, excluding |
16 | contributions for Federal office, in a two-year period beginning |
17 | with the first day of an odd-numbered year and ending on the |
18 | last day of the next even-numbered year. |
19 | (b) No political action committee with more than 50 |
20 | contributors and which has made contributions to five or more |
21 | candidates for public office of this Commonwealth shall make |
22 | contributions: |
23 | (1) To a candidate, or the candidate's political committee, |
24 | which, in the aggregate, exceed five thousand dollars ($5,000) |
25 | per election. |
26 | (2) To a single political action committee which, in the |
27 | aggregate, exceed five thousand dollars ($5,000) per calendar |
28 | year. |
29 | (3) To a single political party committee which, in the |
30 | aggregate, exceed five thousand dollars ($5,000) per calendar |
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1 | year. |
2 | (c) Except for political action committees under subsection |
3 | (b), no political action committee shall make contributions: |
4 | (1) To a candidate, or the candidate's political committee, |
5 | which, in the aggregate, exceed two thousand five hundred |
6 | dollars ($2,500) per election. |
7 | (2) To a single political action committee which, in the |
8 | aggregate, exceed five thousand dollars ($5,000) per calendar |
9 | year. |
10 | (3) To a single political party committee which, in the |
11 | aggregate, exceed ten thousand dollars ($10,000) per calendar |
12 | year. |
13 | (d) No political party committee shall make contributions: |
14 | (1) To a candidate, or the candidate's political committee, |
15 | which, in the aggregate, exceed five thousand dollars ($5,000) |
16 | per election. |
17 | (2) To a single political action committee which, in the |
18 | aggregate, exceed five thousand dollars ($5,000) per calendar |
19 | year. |
20 | (e) No candidate, or the candidate's political committee, |
21 | shall make contributions: |
22 | (1) To another candidate which, in the aggregate, exceed two |
23 | thousand dollars ($2,000) per election. |
24 | (2) To a single political action committee which, in the |
25 | aggregate, exceed five thousand dollars ($5,000) per calendar |
26 | year. |
27 | (f) No candidate, political action committee, or political |
28 | party committee shall knowingly accept contributions in |
29 | violation of any limitation imposed on contributions under this |
30 | section. |
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1 | (g) The provisions of this section shall be applicable to a |
2 | contribution made for the purpose of influencing any election to |
3 | all public offices of the Commonwealth except Federal offices. |
4 | (h) Aggregate contributions shall include the value of in- |
5 | kind contributions. |
6 | (i) For purposes of this section, any contribution made to a |
7 | candidate in a year other than the calendar year in which the |
8 | election is held with respect to which the contribution is made |
9 | shall be considered to be made for the next election to be held. |
10 | (j) (1) The Secretary of the Commonwealth shall adjust the |
11 | limitation on contributions under subsection (a)(1), (4) and (5) |
12 | and (c)(1) for inflation in each odd-numbered year beginning |
13 | with the first odd-numbered year after the end of the year |
14 | during which this section takes effect. The adjustment shall be |
15 | equal to the adjustment process applicable to contributions made |
16 | by individuals to candidates for Federal office under section |
17 | 315(c) of the Federal Election Campaign Act of 1971 (Public Law |
18 | 92-225, 2 U.S.C. § 441a(c)) on the effective date of this |
19 | section. |
20 | (2) Each adjustment shall remain in effect for the two-year |
21 | period beginning the first day following the date of the general |
22 | election in the even-numbered year preceding the adjustment and |
23 | ending on the date of the general election in the even-numbered |
24 | year following the adjustment. |
25 | (3) The Secretary of the Commonwealth shall publish the |
26 | adjustment as a notice in the Pennsylvania Bulletin. |
27 | (k) Whenever at least one of the candidates for a particular |
28 | public office makes a contribution or expenditure of his or her |
29 | own funds to finance his or her campaign that exceeds three |
30 | hundred fifty thousand dollars ($350,000), the contribution |
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1 | limit for that particular public office under subsection (a)(1) |
2 | shall be tripled. |
3 | (l) For the purpose of this section, the term "political |
4 | party committee" shall mean a political committee of any State, |
5 | county, city, borough, township, ward or other regularly |
6 | constituted party committee of any political party or political |
7 | body. |
8 | Section 2. This act shall take effect January 1, 2012, or |
9 | immediately, whichever is later. |
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