PRINTER'S NO. 1152
No. 999 Session of 1983
INTRODUCED BY FREIND, HONAMAN, NOYE, VROON, GEIST, MADIGAN,
GLADECK AND MACKOWSKI, MAY 11, 1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 11, 1983
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," further providing for the activities of certain
12 organizations.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,
16 No.320), known as the Pennsylvania Election Code, is amended by
17 adding a clause to read:
18 Section 102. Definitions.--The following words, when used in
19 this act, shall have the following meanings, unless otherwise
20 clearly apparent from the context:
21 * * *
22 (z-4) The words "unincorporated associations" shall include,
1 but not be limited to, labor organizations.
2 Section 2. Sections 1633(a) and 1843 of the act, amended
3 November 26, 1978 (P.L.1313, No.318), are amended and
4 subsections are added to section 1633 to read:
5 Section 1633. Contributions or Expenditures by National
6 Banks, Corporations or Unincorporated Associations.--
7 (a) It is unlawful for any National or State bank, or any
8 corporation, incorporated under the laws of this or any other
9 state or any foreign country or any unincorporated association,
10 except those corporations or unincorporated associations formed
11 primarily for political purposes or as a political committee, to
12 make a contribution or expenditure in connection with the
13 election of any candidate or for any political purpose whatever
14 except in connection with any question to be voted on by the
15 electors of this Commonwealth. Furthermore, it shall be unlawful
16 for any candidate, political committee, or other person to
17 knowingly accept or receive any contribution prohibited by this
18 section, or for any officer or any director of any corporation,
19 bank, or any unincorporated association to consent to any
20 contribution or expenditure by the corporation, bank or
21 unincorporated association, as the case may be, prohibited by
22 this section.
23 * * *
24 (d) Nothing in this act shall prohibit any corporation or
25 unincorporated association from engaging in any of the following
26 activities:
27 (1) Endorsing candidates for public office.
28 (2) Providing for presentations by candidates or public
29 officials or their designees at any official meeting or function
30 of said corporation or unincorporated association, including any
19830H0999B1152 - 2 -
1 reimbursement for necessary traveling expenses directly related
2 to such presentation.
3 (3) Allowing its officers, employes or members to express
4 personal political views, including views in support of or in
5 opposition to, candidates for public office, during the course
6 of any meeting or function of said corporation or unincorporated
7 association. Reimbursements and other activities under this
8 subsection shall not be deemed contributions.
9 (e) No person, corporation, governmental entity or
10 unincorporated association shall withhold or deduct or cause the
11 withholding or deduction of any portion of the compensation due
12 any officer, employe or member for the purpose of making a
13 contribution or expenditure unless the prior written consent of
14 such officer, employe or member is first obtained either on a
15 consent form prescribed or approved by the Secretary of the
16 Commonwealth or on a consent form required by Federal election
17 law and unless such withholding or deduction is made in
18 accordance with the following requirements:
19 (1) The form shall advise the officer, employe or member of
20 his or her right to revoke such consent at any time, which
21 revocation shall be effective thirty (30) days thereafter and
22 shall specify maximum annual amount of any deduction so
23 authorized and the date and duration of the consent which shall
24 not exceed two (2) years.
25 (2) The officer, employe or member shall be provided with an
26 executed copy of the consent form.
27 (3) Any contribution made pursuant to this subsection shall
28 be transmitted to a political action committee which is
29 established and administered by a corporation or unincorporated
30 association in which the contributor is an officer, employe or
19830H0999B1152 - 3 -
1 member and which is designated on the consent form as authorized
2 to receive such contribution.
3 Any person, corporation, unincorporated association or
4 government entity violating this subsection is guilty of a
5 misdemeanor and upon conviction shall be sentenced to
6 imprisonment for not more than one (1) year or fined not more
7 than one thousand dollars ($1,000), or both.
8 (f) Any person, corporation or unincorporated association
9 utilizing subsection (e) for withholding voluntary contributions
10 or facilitating the making of voluntary contributions to any
11 political action committee established and administered by an
12 employer, shall likewise provide for withholding and
13 facilitation of voluntary contributions pursuant to subsection
14 (e) by any labor organization representing employes of said
15 person, corporation or unincorporated association upon the
16 written request of the labor organization.
17 Section 1843. Contributions by Corporations or
18 Unincorporated Associations.--Any National or State bank or any
19 corporation or unincorporated association, which shall make
20 contributions or expenditures or which shall pay, give or lend
21 or agree to pay, give or lend any money belonging to such
22 corporation or unincorporated association or in its custody or
23 control, in violation of the provisions of section 1633, shall
24 be guilty of a misdemeanor, and, upon conviction thereof, shall
25 be sentenced to pay a fine of not less than one thousand dollars
26 ($1,000) nor more than ten thousand dollars ($10,000). Any
27 director, officer, agent or employe of any corporation or
28 unincorporated association who shall on behalf of such
29 corporation or unincorporated association consent to any
30 contribution or expenditure or who shall pay, give or lend or
19830H0999B1152 - 4 -
1 authorize to be paid, given or lent any money belonging to such
2 corporation or unincorporated association or in its custody or
3 control in violation of the provisions of section 1633, shall be
4 guilty of a misdemeanor, and, upon conviction thereof, shall be
5 sentenced to pay a fine not exceeding ten thousand dollars
6 ($10,000), or to undergo an imprisonment of not less than one
7 (1) month nor more than two (2) years, or both, in the
8 discretion of the court.
9 Section 3. This act shall take effect January 1, 1984.
B21L25RAW/19830H0999B1152 - 5 -