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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY R. TAYLOR, BELFANTI, BRADFORD, BRENNAN, BEAR, CONKLIN, CUTLER, DALEY, DeLUCA, DePASQUALE, GIBBONS, GRUCELA, HARHAI, HORNAMAN, HOUGHTON, MAHONEY, MATZIE, McILVAINE SMITH, MELIO, METZGAR, MUNDY, MURPHY, O'NEILL, READSHAW, REESE, ROAE, ROCK, SANTARSIERO, SIPTROTH, M. SMITH, SWANGER, TRUE, VULAKOVICH, YUDICHAK AND DEASY, APRIL 12, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 12, 2010 |
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| AN ACT |
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1 | Providing for ethics in government; prohibiting certain uses of |
2 | public funds; and providing for penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Political |
7 | Polling Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Campaign polling." The organized preparing, compiling, |
13 | collection or gathering of information, including focus groups |
14 | and surveys, reflecting public opinion as to any elected |
15 | official, group of elected officials, candidate, group of |
16 | candidates, political body, political organization or political |
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1 | party intended to be used for the purpose of supporting or |
2 | opposing the nomination, election or re-election of a candidate. |
3 | "Candidate." An individual seeking nomination, election or |
4 | reelection to elective office. |
5 | "Elected official." An individual elected by the public to |
6 | serve a term in an elective office. The term shall include an |
7 | individual appointed to fill an unexpired term in an elective |
8 | office. |
9 | "Election." A general, special, municipal or primary |
10 | election. The term shall include any election at which a |
11 | candidate for elective office in a Federal governmental body is |
12 | on the ballot. |
13 | "Elective office." A position in a governmental body or a |
14 | Federal governmental body to which an individual is required |
15 | under the Constitution of Pennsylvania, the Constitution of the |
16 | United States or by law to be elected by the public. |
17 | "Federal governmental body." The executive, legislative or |
18 | judicial branch of the United States. |
19 | "Governmental body." A department, authority, commission, |
20 | committee, council, board, bureau, division, service, office, |
21 | administration, legislative body or other establishment in the |
22 | executive, legislative or judicial branch of the Commonwealth or |
23 | a political subdivision of the Commonwealth. |
24 | "Nomination." The term shall have the meaning given to it in |
25 | the act of June 3, 1937 (P.L.1333, No.320), known as the |
26 | Pennsylvania Election Code. |
27 | "Own time." A public employee's time that is distinct from |
28 | work time. The term includes time spent on leave. |
29 | "Political body." An organization, not recognized under the |
30 | act of June 3, 1937 (P.L.1333, No.320), known as the |
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1 | Pennsylvania Election Code, as a political party, that has filed |
2 | papers for the nomination of a candidate in the manner provided |
3 | by law. |
4 | "Political organization." An organization, not recognized |
5 | under the act of June 3, 1937 (P.L.1333, No.320), known as the |
6 | Pennsylvania Election Code, as a political party or political |
7 | body, whose primary activities are conducted to influence the |
8 | outcome of an election of a candidate. |
9 | "Political party." The term shall have the same meaning as |
10 | the term "party" is given in 25 Pa.C.S. § 1102 (relating to |
11 | definitions). The term shall include a political party's |
12 | national, State and county committees. |
13 | "Public employee." An individual employed by a governmental |
14 | body. An individual elected to a governmental body shall not be |
15 | deemed to be an employee of that governmental body. |
16 | "Public funds." All money collected, received or held by, |
17 | for or on account of a governmental body. |
18 | "Public resources." Facilities, equipment, property and |
19 | supplies purchased or owned by a governmental body and labor |
20 | provided by a public employee during work time. |
21 | "Work time." Compensated time spent in the performance of |
22 | job duties. |
23 | Section 3. Publicly financed campaign polls prohibited. |
24 | (a) Offense defined.--It shall be an offense to knowingly |
25 | expend public funds or knowingly use public resources for |
26 | campaign polling. |
27 | (b) Penalty.-- |
28 | (1) Except as provided under paragraph (2), an |
29 | individual found to have committed an offense under |
30 | subsection (a) shall be guilty of a misdemeanor of the second |
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1 | degree. |
2 | (2) If the aggregate value of the public funds expended |
3 | or the public resources used for the campaign polling |
4 | performed in violation of subsection (a) exceeds $2,000, an |
5 | individual found to have committed an offense under |
6 | subsection (a) shall be guilty of a felony of the third |
7 | degree. |
8 | (3) In addition to the punishment imposed under |
9 | paragraph (1) or (2), an individual found to have committed |
10 | the offense under subsection (a) shall pay restitution to the |
11 | governmental body in an amount equal to three times the cost |
12 | or three times the market value of the campaign polling, |
13 | whichever is greater. |
14 | (c) Construction.--Nothing in this section shall be |
15 | construed to prohibit a public employee from engaging in an |
16 | activity related to campaign polling on the public employee's |
17 | own time. |
18 | (d) False reports.--An individual who makes a fictitious |
19 | report or gives false information relating to an offense under |
20 | this section commits a misdemeanor of the second degree. |
21 | Section 10. Effective date. |
22 | This act shall take effect immediately. |
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