| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY SHAPIRO, JOSEPHS, BRIGGS, CARROLL, CREIGHTON, DEASY, DePASQUALE, DeWEESE, FRANKEL, FREEMAN AND GIBBONS, DECEMBER 18, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 18, 2009 |
| |
| |
| |
| AN ACT |
| |
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," in primary and election expenses, further |
12 | providing for definitions; providing for limitations on |
13 | contributions; further providing for reporting by candidate |
14 | and political committees and other persons, for annual |
15 | reports by political committees and candidates and for late |
16 | contributions and independent expenditures; and providing for |
17 | restrictions on contributions by certain contracting parties |
18 | and for voters' right to disclosure. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 1621 of the act of June 3, 1937 |
22 | (P.L.1333, No.320), known as the Pennsylvania Election Code, is |
23 | amended by adding subsections to read: |
24 | Section 1621. Definitions.--As used in this article, the |
25 | following words have the following meanings: |
|
1 | * * * |
2 | (n) The words "communications medium" include, but are not |
3 | limited to, a newspaper, magazine, book, newsletter, billboard, |
4 | telephone, radio, television, recording, computer software, |
5 | digital communications network, transit ad, audiovisual work or |
6 | global communication network. |
7 | (o) The words "name" or "likeness" shall mean any attribute |
8 | of a candidate that serves to identify that candidate to an |
9 | ordinary, reasonable viewer or listener, including, but not |
10 | limited to, name, signature, photograph, image, likeness, voice |
11 | or a substantially similar imitation of one or more thereof. |
12 | Section 2. The act is amended by adding a section to read: |
13 | Section 1625.1. Limitations on Contributions.-- |
14 | (a) (1) An individual's aggregate contributions to a |
15 | candidate or a candidate's political committee shall not exceed |
16 | two thousand four hundred dollars ($2,400) for each election. |
17 | (2) An individual's aggregate contributions to a candidate |
18 | shall not exceed an amount equal to the limit under paragraph |
19 | (1) multiplied by three for each election whenever at least one |
20 | of the candidates makes a contribution or expenditure of at |
21 | least two hundred fifty thousand dollars ($250,000) of his own |
22 | funds to finance his campaign. |
23 | (b) (1) A political action committee's aggregate |
24 | contributions to a candidate or a candidate's political |
25 | committee shall not exceed five thousand dollars ($5,000) for |
26 | each election. |
27 | (2) A political action committee's aggregate contributions |
28 | to a candidate or a candidate's political committee shall not |
29 | exceed an amount equal to the limit under paragraph (1) |
30 | multiplied by three for each election whenever at least one of |
|
1 | the candidates expends at least two hundred fifty thousand |
2 | dollars ($250,000) of his own funds to finance his campaign. |
3 | (c) Aggregate contributions include the value of in-kind |
4 | contributions. |
5 | (d) The limitation on contributions shall be applied |
6 | separately to each primary election, general election or special |
7 | election. |
8 | (e) (1) The Secretary of the Commonwealth shall adjust the |
9 | limitation on contributions by individuals under subsection (a) |
10 | for inflation in each odd-numbered year beginning with the first |
11 | odd-numbered year after the end of the year during which this |
12 | section takes effect. The adjustment shall be equal to the |
13 | adjustment applicable to contributions made by individuals to |
14 | candidates for Federal office under section 315(a)(1)(A) of the |
15 | Federal Election Campaign Act of 1971 (Public Law 92-225, 2 |
16 | U.S.C. § 441a(a)(1)(A)). |
17 | (2) Each adjustment shall remain in effect for the two-year |
18 | period beginning the first day following the date of the general |
19 | election in the even-numbered year preceding the adjustment and |
20 | ending on the date of the general election in the even-numbered |
21 | year following the adjustment. |
22 | (3) The secretary shall publish the adjustment as a notice |
23 | in the Pennsylvania Bulletin. |
24 | Section 3. Section 1626(d), (e) and (i) of the act, amended |
25 | or added July 21, 1979 (P.L.189, No.63), July 11, 1980 (P.L.600, |
26 | No.128) and July 10, 1981 (P.L.256, No.84), are amended to read: |
27 | Section 1626. Reporting by Candidate and Political |
28 | Committees and other Persons.-- |
29 | * * * |
30 | (d) Pre-election reports by all candidates [for offices to |
|
1 | be voted for by the electors of the State at large] and all |
2 | political committees, which have [expended money] received |
3 | contributions or made expenditures for the purpose of |
4 | influencing [the election of such candidate] an election, shall |
5 | be filed not later than the sixth Tuesday before and the second |
6 | Friday before an election, provided that the initial pre- |
7 | election report shall be complete as of fifty (50) days prior to |
8 | the election and the subsequent pre-election report shall be |
9 | complete as of fifteen (15) days prior to the election. Pre- |
10 | election reports by all other candidates and political |
11 | committees which have received contributions or made |
12 | expenditures for the purpose of influencing an election shall be |
13 | filed not later than the second Friday before an election, |
14 | provided that such report be complete as of fifteen (15) days |
15 | prior to the election. |
16 | (e) All candidates or political committees, required to file |
17 | under this section, shall also file a post-election report not |
18 | later than thirty (30) days after an election which shall be |
19 | complete as of twenty (20) days after the election. [In the case |
20 | of a special election the post-election report shall be complete |
21 | as of ten (10) days after such special election.] |
22 | * * * |
23 | (i) (1) An expenditure from a candidate's political |
24 | committee to another political committee shall be reported as a |
25 | contribution by the political committee receiving the |
26 | contribution but need not be reported by the contributing |
27 | candidate's political committee until the time required by law |
28 | for that candidate's political committee to report[: Provided, |
29 | however, That if]. |
30 | (2) If the amount of the contribution exceeds two hundred |
|
1 | fifty dollars ($250) to a single political committee or one |
2 | thousand dollars ($1,000) in aggregate contributions to more |
3 | than one political committee for any primary, general or special |
4 | election, then receipts and expenditures shall be reported by |
5 | the contributing committee at the same time as required by law |
6 | for the committee receiving same[.], except that this clause |
7 | shall not apply to a political committee reporting under section |
8 | 1627(a)(1). |
9 | * * * |
10 | Section 4. Section 1627 heading and subsection (a) of the |
11 | act, amended July 11, 1980 (P.L.591, No.127), are amended to |
12 | read: |
13 | Section 1627. Quarterly and Annual Reports.-- |
14 | (a) (1) Each candidate's political committee shall file |
15 | quarterly reports on January 31, April 15, July 15 and October |
16 | 15 of each year. Each report shall be complete as of the last |
17 | day of the previous month. Such reports shall be filed quarterly |
18 | at this time until there is no balance or debt in the report of |
19 | the candidate's political committee. Such reports shall be |
20 | cumulative. However, if there has been no change in the account, |
21 | then the candidate's political committee shall file a statement |
22 | to that effect with the appropriate supervisor. Each form |
23 | designated by the Secretary of the Commonwealth for filing a |
24 | report or statement required by section 1626(e) shall contain a |
25 | block which may be marked by the candidate's political committee |
26 | designating it a termination report or statement. However, no |
27 | candidate's political committee may terminate by way of a |
28 | statement where the unpaid balance indicated in the previous |
29 | report was greater than two hundred fifty dollars ($250). Each |
30 | quarterly report shall cover the campaign activity of a |
|
1 | candidate's political committee from the last prior report or |
2 | statement. |
3 | (2) All political committees and candidates, including those |
4 | committees and candidates filing reports under section 1626 (d) |
5 | and (e), except those filing quarterly reports or statements |
6 | under clause (1), shall file a report on January 31 of each year |
7 | which shall be complete as of December 31 of the prior year. |
8 | Such reports shall be filed annually at this time until there is |
9 | no balance or debt in the report of the candidate or political |
10 | committee. Such reports shall be cumulative. However, if there |
11 | has been no change in the account, then the candidate or |
12 | political committee shall file a statement to that effect with |
13 | the appropriate supervisor. Each form designated by the |
14 | Secretary of the Commonwealth for filing a report or statement |
15 | required by section 1626(e) shall contain a block which may be |
16 | marked by the candidate or political committee designating it a |
17 | termination report or statement. If such report or statement is |
18 | so designated, or if an authorized candidate elects to file no |
19 | report or statement pursuant to section 1626.1, no annual report |
20 | need be filed under this section unless contributions were |
21 | received or expenditures made subsequent to the time period for |
22 | filing of such termination report. However, no candidate or |
23 | political committee may terminate by way of a statement where |
24 | the unpaid balance indicated in the previous report was greater |
25 | than two hundred fifty dollars ($250). In the case of annual |
26 | reports said report shall cover the campaign activity of a |
27 | candidate or political committee from the last prior report or |
28 | statement. |
29 | * * * |
30 | Section 5. Section 1628 of the act, amended February 13, |
|
1 | 1998 (P.L.72, No.18), is amended to read: |
2 | Section 1628. Late Contributions and Independent |
3 | Expenditures.--Any candidate or political committee, authorized |
4 | by a candidate and created solely for the purpose of influencing |
5 | an election on behalf of that candidate, which receives any |
6 | contribution or pledge of [five hundred dollars ($500)] two |
7 | hundred fifty dollars ($250) or more, and any person making an |
8 | independent expenditure, as defined by this act, of [five |
9 | hundred dollars ($500)] two hundred fifty dollars ($250) or more |
10 | after the final pre-election report has been deemed completed |
11 | shall report such contribution, pledge or expenditure to the |
12 | appropriate supervisor. Such report shall be sent by the |
13 | candidate, chairman or treasurer of the political committee |
14 | within twenty-four (24) hours of receipt of the contribution. It |
15 | shall be the duty of the supervisor to confirm the substance of |
16 | such report. The report shall be made by telegram, mailgram, |
17 | overnight mail or facsimile transmission. Any candidate in his |
18 | own behalf, or chairman, treasurer or candidate in behalf of the |
19 | political committee may also comply with this section by |
20 | appearing personally before such supervisor and reporting such |
21 | late contributions or pledges. |
22 | Section 6. The act is amended by adding sections to read: |
23 | Section 1634.2. Restrictions on Contributions by Certain |
24 | Contracting Parties.--No public official or employe of the |
25 | executive, legislative or judicial branch of the Commonwealth |
26 | shall award a contract permitted to be awarded without |
27 | competitive bids to any company, firm or individual if an |
28 | officer, director, controlling shareholder, partner or executive |
29 | employe of the contracting company or firm or the contracting |
30 | individual makes any contribution to the officeholder or |
|
1 | candidate for the office that authorizes that contract. This |
2 | contribution prohibition shall also apply to the spouse and |
3 | dependent children of the executive employe or individual as |
4 | well as to any political action committee controlled by the |
5 | contracting company, firm or individual. |
6 | Section 1638.1. Voters' Right to Disclosure.--All parties to |
7 | any contract, whether written or unwritten, to intentionally or |
8 | knowingly use the name or likeness of a candidate in a |
9 | communications medium broadcasted, displayed, distributed or |
10 | otherwise disseminated to members of the general public in this |
11 | Commonwealth thirty (30) or fewer days prior to an election |
12 | shall be subject to the provisions of this act applicable to a |
13 | political action committee unless one or more of the parties to |
14 | the contract is a candidate or a political committee. |
15 | Section 7. This act shall take effect January 1, 2011. |
|
