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| PRIOR PRINTER'S NO. 3008 | PRINTER'S NO. 3596 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY JOSEPHS, CARROLL, GIBBONS, GOODMAN, McILVAINE SMITH, M. O'BRIEN, ROAE, SANTARSIERO, FREEMAN AND YUDICHAK, DECEMBER 14, 2009 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 21, 2010 |
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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," further defining "expenditure" and "political |
12 | action committee"; further providing for reporting by |
13 | candidate and political committees and other persons and for |
14 | annual reports; providing for limitations on certain |
15 | contributions; and further providing for late contributions |
16 | and independent expenditures, for late filing fee and |
17 | certificate of filing and for additional powers and duties of |
18 | the Secretary of the Commonwealth. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 1621(d)(1) and (l) of the act of June 3, |
22 | 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
23 | Code, amended or added October 4, 1978 (P.L.893, No.171) and |
24 | July 21, 1979 (P.L.189, No.63), are amended to read: |
25 | Section 1621. Definitions.--As used in this article, the |
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1 | following words have the following meanings: |
2 | * * * |
3 | (d) The word "expenditure" shall mean: |
4 | (1) The payment, distribution, loan or advancement of money |
5 | or any valuable thing by a candidate, political committee or |
6 | other person for the purpose of influencing the outcome of an |
7 | election; however, the payment, distribution, loan or |
8 | advancement of money or any valuable thing must be made only for |
9 | legitimate and verifiable campaign expenses and not for any |
10 | inherently personal purpose. "Inherently personal purpose" means |
11 | a purpose that, by its nature, confers a personal benefit, |
12 | including a home mortgage, rent, utility payment, clothing |
13 | purchase, noncampaign automobile expense, country club |
14 | membership, vacation or a trip of a noncampaign nature, |
15 | household food items, tuition payments, admission to a sporting |
16 | event, concert, theater or other form of entertainment; |
17 | * * * |
18 | (l) The words "Political Action Committee" shall mean any |
19 | political committee as defined in subsection (h) which receives |
20 | contributions and makes expenditures to, or on behalf of, any |
21 | candidate other than a candidate's own authorized political |
22 | [committees] committee or the political committees of any State, |
23 | county, city, borough, township, ward or other regularly |
24 | constituted party committee of any political party or political |
25 | body. A political action committee which is established, |
26 | maintained or controlled by a sponsoring organization, such as a |
27 | corporation, labor organization, membership association or trade |
28 | association, shall include in its registered name the full name |
29 | of its sponsoring organization. |
30 | * * * |
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1 | Section 2. Section 1626(a), (b)(2), (d) and (e) of the act, | <-- |
2 | amended or added October 4, 1978 (P.L.893, No.171), July 11, |
3 | 1980 (P.L.600, No.128) and July 10, 1981 (P.L.256, No.84), are |
4 | amended and the section is amended by adding a subsection to |
5 | read: |
6 | Section 1626. Reporting by Candidate and Political |
7 | Committees and other Persons.-- |
8 | (a) Each treasurer of a political committee and each |
9 | candidate for election to public office shall file with the |
10 | appropriate supervisor reports of receipts and expenditures on |
11 | forms, designed by the Secretary of the Commonwealth, if the |
12 | amount received or expended or liabilities incurred shall exceed |
13 | the sum of two hundred fifty dollars ($250). Should such an |
14 | amount not exceed two hundred fifty dollars ($250), then the |
15 | candidate or, in the case of a political committee, the |
16 | treasurer of the committee shall file a sworn statement to that |
17 | effect with the appropriate supervisor rather than the report |
18 | required by this section[.]: Provided, however, That if the |
19 | amount received or expended by a candidate does not exceed two |
20 | hundred fifty dollars ($250) the candidate may comply with this |
21 | section by signing an affidavit to that effect on the |
22 | candidate's political committee's report or statement. |
23 | (b) Each report shall include the following information: | <-- |
24 | * * * |
25 | (2) The full name and mailing address of each person who has |
26 | made one or more contributions to or for such committee or |
27 | candidate within the reporting period in an aggregate amount or |
28 | value in excess of [fifty dollars ($50)] one hundred dollars |
29 | ($100), together with the amount and date of such contributions. |
30 | The accuracy of the information furnished by the contributor |
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1 | shall be the responsibility of the contributor. |
2 | * * * |
3 | (d) Pre-election reports by candidates for offices to be |
4 | voted for by the electors of the State at large, candidates for |
5 | the office of Senator in the General Assembly, candidates for |
6 | the office of Representatives in the General Assembly and all |
7 | political committees, which have expended money for the purpose |
8 | of influencing the election of such [candidate] candidates, |
9 | shall be filed not later than the sixth Tuesday before and the |
10 | second Friday before an election, provided that the initial pre- |
11 | election report shall be complete as of fifty (50) days prior to |
12 | the election and the subsequent pre-election report shall be |
13 | complete as of fifteen (15) days prior to the election. Pre- |
14 | election reports by all other candidates and political |
15 | committees which have received contributions or made |
16 | expenditures for the purpose of influencing an election shall be |
17 | filed not later than the second Friday before an election, |
18 | provided that such report be complete as of fifteen (15) days |
19 | prior to the election. |
20 | (e) All candidates or political committees, required to file |
21 | under this section, shall also file [a] an initial post-election |
22 | report not later than thirty (30) days after an election which |
23 | shall be complete as of twenty (20) days after the election[.] |
24 | and a subsequent post-election report on January 31 of the year |
25 | after the election, which shall be complete as of December 31 of |
26 | the prior year. Candidates defeated in the primary election must |
27 | file the initial post-election report by the deadline specified |
28 | in this subsection and continue to file reports in accordance |
29 | with section 1627. In the case of a special election the initial |
30 | post-election report shall be complete as of ten (10) days after |
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1 | such special election. |
2 | * * * |
3 | (k) All reports filed with the Secretary of the Commonwealth |
4 | shall be filed electronically in the manner prescribed by the |
5 | Secretary of the Commonwealth. All reports shall be accompanied |
6 | by the affidavit prescribed by section 1629. The Secretary of |
7 | the Commonwealth may require electronic submission of the |
8 | affidavit. Any candidate or political committee not able to file |
9 | the report or statement required by this section electronically |
10 | shall request an exemption from the Secretary of the |
11 | Commonwealth. The candidate or political committee upon approval |
12 | of the Secretary of the Commonwealth shall file reports and |
13 | statements on forms developed by the Secretary of the |
14 | Commonwealth. |
15 | Section 3. Section 1627 of the act, amended July 11, 1980 |
16 | (P.L.591, No.127) and July 11, 1980 (P.L.625, No.129), is |
17 | amended to read: |
18 | Section 1627. [Annual Reports] Quarterly Reports; |
19 | Termination of Committees.-- |
20 | (a) All political committees and candidates[, including |
21 | those committees and candidates] not filing reports under |
22 | section 1626 (d) and (e)[,] shall file [a report on January 31 |
23 | of each year which shall be complete as of December 31 of the |
24 | prior year. Such reports shall be filed annually at this time |
25 | until there is no balance or debt in the report of the candidate |
26 | or political committee. Such reports shall be cumulative. |
27 | However, if there has been no change in the account, then the |
28 | candidate or political committee shall file a statement to that |
29 | effect with the appropriate supervisor. Each form designated by |
30 | the Secretary of the Commonwealth for filing a report or |
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1 | statement required by section 1626(e) shall contain a block |
2 | which may be marked by the candidate or political committee |
3 | designating it a termination report or statement. If such report |
4 | or statement is so designated, or if an authorized candidate |
5 | elects to file no report or statement pursuant to section |
6 | 1626.1, no annual report need be filed under this section unless |
7 | contributions were received or expenditures made subsequent to |
8 | the time period for filing of such termination report. However, |
9 | no candidate or political committee may terminate by way of a |
10 | statement where the unpaid balance indicated in the previous |
11 | report was greater than two hundred fifty dollars ($250). In the |
12 | case of annual reports said report shall cover the campaign |
13 | activity of a candidate or political committee from the last |
14 | prior report or statement.] quarterly reports. The reports shall |
15 | be filed on the fifteenth day following the last day of the |
16 | third, sixth, ninth and twelfth months of the year and shall be |
17 | complete as of the end of such months. Reports must be filed |
18 | until such time that there is no balance or debt in the report |
19 | of the candidate or political committee. The reports shall be |
20 | cumulative. A report must be filed even if there was no change |
21 | in the account since the last filing. |
22 | (a.1) Each form designated by the Secretary of the |
23 | Commonwealth for filing a report required by section 1626 shall |
24 | contain a block which may be marked by the candidate or |
25 | political committee designating it a termination report or |
26 | statement. No candidate or political committee may terminate |
27 | unless the candidate or political committee has a zero balance. |
28 | No candidate or political committee may terminate by way of a |
29 | statement. In the case of quarterly reports, the report shall |
30 | cover the campaign activity of a candidate or political |
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1 | committee from the last prior report or statement. Once |
2 | terminated, a political committee must comply with sections 1623 |
3 | and 1624 before receiving contributions or making expenditures. |
4 | [(b) Any political committee required to be registered under |
5 | this act and not reporting under section 1626 shall file an |
6 | annual report under this section. However, if a political |
7 | committee makes aggregate expenditures as defined in section |
8 | 1621 in an amount less than two hundred fifty dollars ($250) or |
9 | incurs aggregate debt in an amount less than two hundred fifty |
10 | dollars ($250) during the calendar year to influence an |
11 | election, it need not file an annual report; provided that this |
12 | exception shall not be applicable to a candidate's political |
13 | committee or to a State or county committee of a political party |
14 | or political body or to a political action committee of a |
15 | corporation or unincorporated association.] |
16 | Section 4. The act is amended by adding a section to read: |
17 | Section 1627.1. Limitations on Certain Contributions.-- |
18 | (a) Aggregate contributions, including in-kind |
19 | contributions, from any person to any candidate for the office |
20 | of Senator or Representative in the General Assembly, court of |
21 | common pleas or a county or local office, or the candidate's |
22 | authorized political committee or agent, shall not exceed two |
23 | thousand dollars ($2,000) for each election. Furthermore, for |
24 | each election, no such candidate, or the candidate's authorized |
25 | political committee or agent, shall accept or receive more than |
26 | two thousand dollars ($2,000) in aggregate contributions, |
27 | including in-kind contributions from any person. |
28 | (b) Aggregate contributions, including in-kind |
29 | contributions, from any person to any candidate for Statewide |
30 | office, or the candidate's authorized political committee or |
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1 | agent, shall not exceed five thousand dollars ($5,000) for each |
2 | election. Furthermore, for each election no candidate, or the |
3 | candidate's authorized political committee or agent, shall |
4 | accept or receive more than five thousand dollars ($5,000) in |
5 | aggregate contributions, including in-kind contributions from |
6 | any person. |
7 | (c) Aggregate contributions, including in-kind |
8 | contributions, from a single political action committee, its |
9 | affiliate or agent or candidate's political committee, its |
10 | affiliate or agent, to any candidate for the office of Senator |
11 | or Representative in the General Assembly, court of common pleas |
12 | or a county or local office, or the candidate's authorized |
13 | political committee or agent, shall not exceed two thousand |
14 | dollars ($2,000) for each election. Furthermore, for each |
15 | election no candidate for such office, or the candidate's |
16 | authorized political committee or agent, shall accept or receive |
17 | more than two thousand dollars ($2,000) in aggregate |
18 | contributions, including in-kind contributions, from a single |
19 | political action committee or agent or candidate's political |
20 | committee. |
21 | (d) Aggregate contributions, including in-kind |
22 | contributions, from a single political action committee, its |
23 | affiliate or agent or candidate's political committee to any |
24 | candidate for Statewide office, or the candidate's authorized |
25 | political committee or agent, shall not exceed ten thousand |
26 | dollars ($10,000) for each election. Furthermore, for each |
27 | election, no candidate, or the candidate's authorized political |
28 | committee or agent, shall accept or receive more than ten |
29 | thousand dollars ($10,000) in aggregate contributions, including |
30 | in-kind contributions, from a single political action committee, |
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1 | its affiliate or agent or candidate's political committee. |
2 | (e) Aggregate contributions, including in-kind |
3 | contributions, from a single political party committee, its |
4 | affiliate or agent to any candidate for the office of Senator or |
5 | Representative in the General Assembly, court of common pleas or |
6 | a county or local office, or the candidate's authorized |
7 | political committee or agent, shall not exceed five thousand |
8 | dollars ($5,000) per election. Furthermore, no candidate for the |
9 | office of Senator or Representative in the General Assembly, |
10 | court of common pleas or a county or local office, or the |
11 | candidate's authorized political committee or agent, shall |
12 | accept or receive more than five thousand dollars ($5,000) in |
13 | aggregate contributions from any single political party |
14 | committee, its affiliate or agent. |
15 | (f) Aggregate contributions, including in-kind |
16 | contributions, from a single political party committee, its |
17 | affiliate or agent to any candidate for Statewide office, or the |
18 | candidate's authorized political committee or agent, shall not |
19 | exceed one hundred thousand dollars ($100,000) per election. |
20 | Furthermore, no candidate for Statewide office, or the |
21 | candidate's authorized political committee or agent, shall |
22 | accept or receive more than one hundred thousand dollars |
23 | ($100,000) in aggregate contributions from any single political |
24 | party committee, its affiliate or agent. |
25 | (g) Aggregate contributions, including in-kind |
26 | contributions, from a single political party committee, its |
27 | affiliate or agent to any political action committee, its |
28 | affiliate or agent or political party committee, its affiliate |
29 | or agent, or any other political committee, its affiliate or |
30 | agent, shall not exceed twenty thousand dollars ($20,000) per |
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1 | election. Furthermore, no political action committee or |
2 | political committee shall accept or receive more than twenty |
3 | thousand dollars ($20,000) in aggregate contributions from any |
4 | single political party committee, its affiliate or agent. |
5 | (h) Aggregate contributions, including in-kind |
6 | contributions, from any person or a single political action |
7 | committee, its affiliate or agent or any single candidate's |
8 | political committee, its affiliate or agent to a single |
9 | political action committee, its affiliate or agent shall not |
10 | exceed five thousand dollars ($5,000) during any calendar year. |
11 | Furthermore, for each election, no political action committee, |
12 | its affiliate or agent shall accept or receive more than five |
13 | thousand dollars ($5,000) in aggregate contributions, including |
14 | in-kind contributions, from a single political action committee, |
15 | its affiliate or agent during any calendar year. |
16 | (i) Aggregate contributions, including in-kind |
17 | contributions, from any person, a single candidate's political |
18 | committee, its affiliate or agent or a single political action |
19 | committee, its affiliate or agent or any other political |
20 | committee to a single political party committee shall not exceed |
21 | twenty thousand dollars ($20,000) for each election. |
22 | Furthermore, no single political party committee shall accept or |
23 | receive more than twenty thousand dollars ($20,000) in aggregate |
24 | contributions from any single candidate's political committee or |
25 | agent or a single political action committee, its affiliate or |
26 | agent or any political committee. |
27 | (j) No person shall make contributions, including in-kind |
28 | contributions, in accordance with this section aggregating more |
29 | than twenty-five thousand dollars ($25,000) for each election. |
30 | (k) For the purposes of subsections (a), (b), (c), (d), (e), |
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1 | (f), (g), (h), (i) and (j), a contribution given to a |
2 | candidate's authorized political committee is the same as |
3 | contributing to the candidate. |
4 | (l) For purposes of this section, any contribution made to a |
5 | candidate in a year other than the calendar year in which the |
6 | election is held with respect to which such contribution is made |
7 | is considered to be made for the next election to be held. |
8 | (m) The provisions of this section shall be applicable to a |
9 | contribution made for the purpose of influencing any election to |
10 | all public offices of this Commonwealth except Federal offices. |
11 | (n) Notwithstanding any other provision of law, all |
12 | contributions made by political committees established or |
13 | financed or maintained or controlled by any corporation, labor |
14 | organization or any other person, including any parent, |
15 | subsidiary, branch, division, department or local unit of the |
16 | corporation, labor organization, or any person, or by any group |
17 | of persons, shall be considered to have been made by a single |
18 | political committee, except that nothing in this subsection |
19 | shall prohibit transfers between political committees of funds |
20 | raised through joint fundraising efforts. |
21 | (o) Nothing in this section shall prohibit a municipality, |
22 | including a city of the first class, from instituting lower |
23 | limitations on contributions to candidates for local offices. |
24 | (p) The dollar limits provided under this section shall be |
25 | adjusted annually at a rate equal to the average percentage |
26 | change in the Consumer Price Index for All Urban Consumers for |
27 | the Pennsylvania, New Jersey, Delaware and Maryland area as |
28 | published by the Bureau of Labor Statistics of the United States |
29 | Department of Labor, or any successor agency, occurring in the |
30 | prior calendar year. The base year shall be 2009 2010. The | <-- |
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1 | average shall be calculated and certified annually by the |
2 | Secretary of the Commonwealth by adding the percentage increase |
3 | in each of the three areas and dividing by three. The |
4 | calculation and resulting new figures shall be submitted for |
5 | publication in a March issue of the Pennsylvania Bulletin. |
6 | Section 5. Section 1628 of the act, amended February 13, |
7 | 1998 (P.L.72, No.18), is amended to read: |
8 | Section 1628. Late Contributions and Independent |
9 | Expenditures.--Any candidate or political committee, authorized |
10 | by a candidate and created solely for the purpose of influencing |
11 | an election on behalf of that candidate, which receives any |
12 | contribution or pledge of five hundred dollars ($500) or more, |
13 | and any person making an independent expenditure, as defined by |
14 | this act, of five hundred dollars ($500) or more after the final |
15 | pre-election report has been deemed completed shall report such |
16 | contribution, pledge or expenditure to the appropriate |
17 | supervisor. Such report shall be sent by the candidate, chairman |
18 | or treasurer of the political committee within twenty-four (24) |
19 | hours of receipt of the contribution. It shall be the duty of |
20 | the supervisor to confirm the substance of such report. The |
21 | report shall be made by telegram, mailgram, overnight mail or |
22 | facsimile transmission[.], except that if such report is to be |
23 | filed with the Secretary of the Commonwealth it shall be filed |
24 | electronically in a manner prescribed by the Secretary of the |
25 | Commonwealth. Any candidate in his own behalf, or chairman, |
26 | treasurer or candidate in behalf of the political committee may |
27 | also comply with this section by appearing personally before |
28 | such supervisor and reporting such late contributions or |
29 | pledges. |
30 | Section 6. Section 1632(a) and (b) of the act, amended or |
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1 | added October 4, 1978 (P.L.893, No.171) and July 11, 1980 |
2 | (P.L.591, No.127), are amended to read: |
3 | Section 1632. Late Filing Fee; Certificate of Filing.-- |
4 | (a) A late filing fee for each report or statement of |
5 | expenditures and contributions which is not filed within the |
6 | prescribed period shall be imposed as follows. Such fee shall be |
7 | [ten dollars ($10)] twenty dollars ($20) for each day or part of |
8 | a day excluding Saturdays, Sundays and holidays that a report is |
9 | overdue for the first ten (10) days. An additional fee of [ten |
10 | dollars ($10)] fifty dollars ($50) is due for each [of the first |
11 | six (6) days] additional day that a report is overdue after the |
12 | initial ten-day period. The maximum fee payable with respect to |
13 | a single report is [two hundred fifty dollars ($250)] one |
14 | thousand dollars ($1,000). A supervisor shall receive an overdue |
15 | report or statement even if any late filing fee due has not been |
16 | paid but the report or statement shall not be considered filed |
17 | until all fees have been paid upon the receipt by the supervisor |
18 | of an overdue report. No further late filing fees shall be |
19 | incurred notwithstanding the fact that the report or statement |
20 | is not considered filed. The late filing fee is the personal |
21 | liability of the candidate or treasurer of a political committee |
22 | and cannot be paid from contributions to the candidate or |
23 | committee, nor may such fee be considered an expenditure. A |
24 | report or statement of expenditures and contributions shall be |
25 | deemed to have been filed within the prescribed time if the |
26 | letter transmitting the report or statement which is received by |
27 | the supervisor is transmitted by first class mail and is |
28 | postmarked by the United States Postal Service on the day prior |
29 | to the final day on which the report or statement is to be |
30 | received: Provided, That this sentence shall not be applicable |
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1 | to the reporting requirements contained in section 1628. |
2 | (b) No person may be a candidate for a public office until |
3 | all reports and statements of contributions and expenditures |
4 | required to be filed by such person if the person was previously |
5 | a candidate for public office and any treasurer of any committee |
6 | authorized by such person for the previous candidacy have been |
7 | filed and all fines paid. No person shall be deemed elected to a |
8 | public office under the laws of this Commonwealth or enter upon |
9 | the duties thereof, or receive any salary or emoluments |
10 | therefrom until all of the reports and statements of |
11 | contributions and expenditures required to be filed by any |
12 | candidate and treasurers of committees authorized by such |
13 | candidate and due before the person may take office, have been |
14 | filed. No candidate may be sworn in until the appropriate |
15 | supervisor certifies that all required reports have been filed, |
16 | and no official of the Commonwealth or any of its political |
17 | subdivisions may issue a commission or administer an oath of |
18 | office until that official has received this certification. No |
19 | certification shall be issued until the supervisor has received |
20 | post election reports of any candidate and treasurer of |
21 | committees authorized by such candidate. |
22 | * * * |
23 | Section 7. Section 1640 of the act, added October 4, 1978 |
24 | (P.L.893, No.171), is amended to read: |
25 | Section 1640. Additional Powers and Duties of the Secretary |
26 | of the Commonwealth.-- |
27 | (a) The Secretary of the Commonwealth shall have the |
28 | following additional powers and duties: |
29 | (1) To serve as the State clearing house for information |
30 | concerning the administration of this act. |
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1 | (2) To prescribe suitable rules and regulations to carry out |
2 | the provisions of this act. |
3 | (3) To develop the prescribed forms required by the |
4 | provisions of this article for the making of the reports and |
5 | statements required to be filed with the supervisor. |
6 | (4) To prepare a manual setting forth recommended uniform |
7 | methods of bookkeeping and reporting which shall be furnished by |
8 | the supervisor to the person required to file such reports and |
9 | statements as required by this article. |
10 | (5) To examine the contributions to State legislative and |
11 | Statewide candidates and publish a list of all those political |
12 | committees who have contributed to candidates and who have |
13 | failed to file reports as required by this act within six (6) |
14 | days of their failure to comply. |
15 | (6) To develop a computer database and electronic reporting |
16 | system that shall contain all information necessary for the |
17 | proper administration of this article, including information on |
18 | contributions and expenditures by all candidates and all |
19 | political committees and distribution of moneys, and including |
20 | direct access through personal computer and the Internet. The |
21 | database shall be designed with an emergency recovery system to |
22 | ensure that campaign expense records are not lost in the case of |
23 | an emergency, natural disaster or other such event that could |
24 | cause the system to malfunction. |
25 | (7) To establish a training program on the electronic |
26 | reporting system and make it available to any candidate or |
27 | committee. |
28 | (8) To make the electronic reporting process available to a |
29 | candidate or committee that is required to file reports and |
30 | statements in accordance with this act on self-executing |
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1 | computer diskettes and make available materials to facilitate |
2 | the task of compliance with the disclosure and recordkeeping |
3 | requirements of this article. |
4 | (b) The Secretary of the Commonwealth may not require the |
5 | public to provide any information or identification as a |
6 | condition to access the database on the Internet unless the |
7 | public access is in the office of the Secretary of the |
8 | Commonwealth. |
9 | Section 8. This act shall take effect as follows: | <-- |
10 | (1) This section shall take effect immediately. |
11 | (2) The amendment of section 1640 of the act shall take |
12 | effect January 1, 2011. |
13 | (3) The remainder of this act shall take effect in 60 |
14 | days. January 1, 2011. | <-- |
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