PRINTER'S NO. 206
No. 185 Session of 1975
INTRODUCED BY BEREN, BUTERA, HASKELL, WRIGHT, FISHER, SCIRICA,
MEBUS, McCLATCHY, VROON, CRAWFORD, PARKER, BURNS, WAGNER,
WILSON, ZORD, CESSAR, J. B. KELLY III, PYLES, KNEPPER,
HALVERSON, PITTS, E. H. SMITH AND NOYE,
FEBRUARY 3, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 1975
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," creating, imposing and transferring duties on the
12 Pennsylvania Election Commission; transferring powers and
13 duties from the Secretary of the Commonwealth; providing for
14 the regulation, limitation, control and reporting of campaign
15 contributions and expenses; providing additional regulations
16 for control of campaign committees, interested groups and
17 individual citizens; requiring the filing of accounts;
18 providing for account audits; providing for civil and
19 criminal actions for violations; imposing penalties and
20 restricting violators from office.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
24 as the "Pennsylvania Election Code," is amended by adding a
25 section to read:
1 Section 204. Pennsylvania Election Commission;
2 Qualifications; Powers and Duties; Transfer of Powers and
3 Duties.--
4 (a) The Pennsylvania Election Commission is hereby
5 established as an independent commission within the executive
6 branch of the Commonwealth. The commission shall consist of
7 three (3) members of outstanding character and reputation not
8 more than two (2) of whom shall be from the same political
9 party. The commission shall select one of its members to be
10 chairman. All members of the commission shall be appointed by
11 the Governor from two (2) lists of five (5) names each. One
12 submitted by the Majority Leader of the Senate and the other by
13 the Minority Leader of the Senate, containing the names of
14 registered members of their respective parties. Such lists shall
15 be submitted to the Governor within thirty (30) days from the
16 effective date of this act. If the Governor determines any such
17 list to be unsatisfactory, he shall return the same to the
18 appropriate Senate leader in which case that respective leader
19 shall have an additional thirty (30) days to submit a new list
20 of names. The above procedure shall continue until the Governor
21 receives a list he determines to be satisfactory.
22 (b) Of the original members, all of whom shall be appointed
23 within forty-five (45) days after the submission of the list by
24 the Senate leaders, one (1) shall be appointed for a term of one
25 (1) year, one (1) for a term of three (3) years, and one (1) for
26 a term of five (5) years or until a successor is appointed and
27 qualified. Thereafter each appointment shall be for a term of
28 five (5) years or until a successor is appointed or qualified.
29 Any vacancy shall be filled in the same manner as appointments.
30 (c) The members of the commission shall hold no other public
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1 position with any State agency nor shall members be eligible for
2 any office or position filled by appointment of the Governor
3 within two (2) years after termination of their membership on
4 the commission.
5 (d) Each member of the commission shall receive actual
6 traveling expenses and per diem compensation at the rate of one
7 hundred dollars ($100) per day for the time actually devoted to
8 the business of the commission.
9 (e) Any person appointed as a member of the commission shall
10 be a citizen and legal resident of the Commonwealth for a period
11 of not less than a year.
12 (f) The Governor, with the advice and consent of the Senate,
13 may only remove a member of the commission for malfeasance or
14 misfeasance in office or for neglect of duty. The Governor shall
15 provide such member with a statement in writing of the charges
16 against him, and shall afford him, after notice of not less than
17 ten (10) days, an opportunity of making a written answer and
18 upon request being publicly heard in person by counsel. A copy
19 of the charges and answer to the Governor's findings and a
20 transcript of the record shall be filed with the executive
21 director of the commission.
22 (g) The commission shall assume all the powers and the
23 duties that this act imposes upon the Secretary of the
24 Commonwealth and the Department of State. In addition the
25 commission shall have the power to undertake investigations,
26 either upon its own motion or upon formal complaint with respect
27 to reports and statements filed with it under the provisions of
28 Article XVI and with respect to alleged failures to file any
29 such report or statement.
30 (h) The commission shall appoint an executive director,
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1 counsel and such additional staff and shall incur such expenses
2 as are necessary and appropriate for carrying out the purposes
3 of this act. The minority commission member shall appoint an
4 assistant executive director.
5 (i) All powers and duties imposed by the provisions of this
6 act on the Secretary of the Commonwealth and the Department of
7 State are hereby transferred to the Pennsylvania Election
8 Commission as of January 1, 1975.
9 (j) Any opposing candidate, candidate's political committee,
10 political party committee or elector eligible to vote within the
11 jurisdiction of the affected office may file a complaint against
12 any candidate, person or political committee alleging a
13 violation of Article XVI of this act. In the case of an alleged
14 violation affecting a Statewide elective office said complaint
15 shall be filed with the commission and in all other cases said
16 complaint shall be filed with the county board of elections,
17 hereinafter called board, of the county in which the affected
18 candidate is required to file an election expense account. Such
19 complaint shall be verified and shall be supported by affidavit
20 detailing the circumstances of the violation alleged. If the
21 board or commission initiates the action on its own motion, said
22 commission or board shall file a complaint of alleged violation
23 supported by an affidavit detailing the violation alleged the
24 commission or board shall send a copy of the complaint of an
25 alleged violation and a notice of hearing, which shall be set
26 not more than four (4) days from the date the complaint is
27 received by the commission or board to the person, candidate or
28 political committee against which the complaint is filed and to
29 each candidate for the public office affected. In such cases as
30 shall be determined by the commission or board the Attorney
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1 General or district attorney shall assist in any investigation
2 and report to said commission or board as directed. No complaint
3 shall be filed pursuant to this section more than three (3)
4 months after the election for which the violation is charged.
5 Nothing in this section shall be construed to diminish any
6 existing powers of the Attorney General or district attorney to
7 conduct investigations and prosecutions of any alleged
8 violations of Article XVI of this act.
9 The commission or board shall investigate the complaint and
10 conduct the hearing. The commission or board shall have the
11 power to subpoena and review all records of a candidate or
12 political committee required to be kept under this act. Due
13 process, including the right to be represented by counsel, shall
14 be accorded the accused. The commission or board shall provide
15 for the confidentiality of the records of a candidate or
16 political committee during the investigation and hearing process
17 and shall provide for confidential hearings if requested by the
18 accused. After the hearing the commission or county board shall
19 determine whether or not there is a reasonable belief that a
20 violation of the provisions of this act did occur. The
21 commission or board shall send a copy of its findings of fact
22 and decision to the person, candidate or political committee
23 against which the complaint was filed and to each candidate for
24 the public office affected.
25 If the commission, or county board finds that the person,
26 candidate, or political committee has engaged in any act or
27 practice which constitutes a violation of Article XVI of this
28 act, the commission or board shall report such suspected
29 violations of law to the United States Attorney, the Attorney
30 General, or the district attorney, as the case may be, with a
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1 recommendation of appropriate action to be taken.
2 Upon receipt of the report and recommendations of the
3 commission or board the district attorney or Attorney General
4 shall review the report and recommendation and within five (5)
5 days of receiving the report institute the recommended actions
6 and any other action for relief, including a permanent or
7 temporary injunction, restraining order or other appropriate
8 remedy in the appropriate court or jurisdiction or shall advise
9 the commission or board that in his judgment the case does not
10 merit prosecution. In the event the district attorney or
11 Attorney General does not initiate the recommended action within
12 five (5) days of receipt or if he advises against prosecution of
13 the report, the commission or board may take the report before
14 any court or appropriate jurisdiction, which shall determine if
15 sufficient cause exists to warrant action. If the court finds
16 that the report warrants prosecution, the district attorney or
17 Attorney General shall immediately commence the action or
18 disqualify himself. In the event of disqualification, the
19 commission or board may retain an attorney to represent it and
20 commence the action. The district attorney, Attorney General, or
21 United States Attorney, may also institute criminal action.
22 Section 2. Section 302 of the act is amended by adding a
23 subsection to read:
24 Section 302. Powers and Duties of County Boards.--The county
25 boards of elections, within their respective counties, shall
26 exercise, in the manner provided by this act, all powers granted
27 to them by this act, and shall perform all the duties imposed
28 upon them by this act, which shall include the following:
29 * * *
30 (p) To undertake investigations, either upon its own motion
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1 or upon formal complaint with respect to reports and statements
2 filed with it under the provisions of Article XVI and with
3 respect to alleged failures to file any said report or
4 statement.
5 Section 3. Subsection (c) of section 1601 of the act is
6 amended to read:
7 Section 1601. Definitions.--As used in this article, the
8 following words shall have the following meanings:
9 * * *
10 (c) The words "political committee" shall include every two
11 or more persons who shall be elected, appointed or chosen, or
12 who shall have associated themselves or cooperated for the
13 purpose, wholly or in part, of raising, collecting or disbursing
14 money, or of controlling or directing the raising, collection or
15 disbursement of money for primary or election expenses; or for
16 seeking to influence through agents, printed matter, or
17 advertisement, the results of primary and general elections,
18 except that editorializing by the news media shall not be
19 construed to be included within this definition.
20 * * *
21 Section 4. The act is amended by adding a section to read:
22 Section 1602.2. Registration of Political Committees or
23 Candidates.--
24 (a) No political committee except a lawfully constituted
25 political party committee shall expend any moneys in excess of
26 one hundred fifty dollars ($150) on behalf of a candidate until
27 the political committee shall register with the office where
28 said committee is required to file expense accounts pursuant to
29 section 1608 the following information:
30 (1) Name and address of the committee.
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1 (2) Principal headquarters of the committee.
2 (3) Names, addresses and relationships of any affiliated or
3 concerned organizations.
4 (4) Names and addresses of the chairman, vice-chairman,
5 secretary, treasurer and all depositories used by the treasurer
6 on behalf of the candidate.
7 (5) Name and address, the party affiliation and office
8 sought of each candidate backed by the political committee.
9 (6) Statement of the term or length of existence of the
10 political committee or political group.
11 (7) A listing of any banks, safety deposit boxes or other
12 depositories used for the funds of the committee.
13 (8) A statement explaining the disposition of any surplus
14 funds. The supervisory officer shall reject any registration
15 statement that does not clearly set forth the disposition of any
16 surplus funds. It shall further be a violation of the act to
17 disburse surplus money in any manner other than that set forth
18 in the registration statement of the committee. In case of
19 violation, the surplus money will go into the General Fund of
20 this Commonwealth.
21 (b) The political committee shall file any amendment to the
22 registration statement within ten (10) days of any change in the
23 information required by subsection (a) of this section.
24 (c) In the absence of a political committee, a candidate
25 expending money on behalf of himself shall comply with the
26 provisions of this section to the same extent that they apply to
27 political committees with such variations as shall be necessary
28 and appropriate for the information required.
29 Section 5. The heading and subsection (a) of section 1604 of
30 the act, amended April 21, 1949 (P.L.693, No.165), are amended
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1 to read:
2 Section 1604. Receipts or Contributions by Agent; Vouchers;
3 Payment of Petty Expenses.--
4 (a) It shall be unlawful for any person to make, or
5 knowingly receive, any contribution for primary or election
6 expenses with funds designated or given to him for the purpose
7 by any other person, firm or corporation. Each person making a
8 contribution for primary or election expenses shall do so only
9 in his own full legal name along with the primary residential
10 address of the contributor. If the total contributions are in
11 excess of one hundred dollars ($100) the contributor shall
12 attach thereto a statement of his occupation, his employer and
13 his employer's main address.
14 * * *
15 Section 6. The heading and subsection (b) of section 1605 of
16 the act, amended June 3, 1943 (P.L.851, No.358), are amended and
17 said section is also amended by adding a subsection to read:
18 Section 1605. Contributions for Election Expenses to Be Made
19 to Candidates or Treasurers; Contributions by Corporations and
20 Unincorporated Associations Prohibited; Form of Contribution.--
21 * * *
22 (b) No corporation or unincorporated association or officer
23 or agent thereof, whether incorporated or organized under the
24 laws of this or any other State or any foreign country, except
25 those formed primarily for political purposes or a political
26 committee, shall pay, give or lend or authorize to be paid,
27 given or lent, either directly or through any other person, or
28 in reimbursement of any such payment, gift or loan by any other
29 person, any money or other valuable thing belonging to such
30 corporation or unincorporated association or in its custody or
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1 control, to any candidate or political committee for the payment
2 of any primary or election expenses or for any political purpose
3 whatever, except that a bank, bank and trust company, a savings
4 bank or a savings and loan association shall be permitted to
5 lend in the ordinary course of business up to ten per centum of
6 a candidate's allowable spending limit as provided in section
7 1607.1 of this article.
8 (c) No person shall make any contributions aggregating in
9 excess of ten dollars ($10) to a candidate, directly or through
10 political committees authorized to receive or expend moneys on
11 behalf of said candidate, unless such contribution is made by
12 check or money order.
13 Section 7. Subsection (a) of section 1607 of the act,
14 amended July 17, 1963 (P.L.266, No.141), is amended to read:
15 Section 1607. Expense Accounts to Be Filed.--
16 (a) Every candidate for nomination or election, [and] every
17 treasurer of a political committee, or person acting as such
18 treasurer, [shall, within thirty days after] for every [primary
19 and] election at which such candidate was voted for or with
20 which such political committee was concerned, if the amount
21 received or expended or liabilities incurred shall exceed the
22 sum of one hundred fifty dollars shall, file a full, true and
23 detailed account, subscribed and sworn to by him, setting forth
24 each and every sum of money received, contributed or disbursed
25 by him for primary or election expenses, the date of each
26 receipt, contribution and disbursement, the full legal name
27 along with the primary residential address of the person from
28 whom received or to whom paid, and the specific object or
29 purpose for which the same was disbursed and with respect to
30 those who contribute more than one hundred dollars ($100), the
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1 occupation, the employer and the main address of the employer.
2 Such account shall also set forth the unpaid debts and
3 liabilities of any such candidate or committee for primary or
4 election expenses, with the nature and amount of each, and to
5 whom owing. For all such unpaid debts and liabilities, and with
6 respect to any receipts or contributions received or new debts
7 or liabilities incurred subsequent to the account filed thirty
8 (30) days after any election, the candidate or treasurer of the
9 political committee shall continuously file a report, at least
10 twice each year, in June (May in the years of nomination of
11 President of the United States) and in December, in the manner
12 required by this section for the reporting of receipts,
13 contributions, and expenditures. After such time as all
14 outstanding debts and liabilities have been extinguished,
15 reports will be required only for those reporting periods during
16 which funds are received or expended. A final report shall be
17 required at such time as any committee is terminated. In the
18 case of the treasurer of a political committee, the account
19 shall include any unexpended balance of contributions or other
20 receipts appearing from the last previous account filed by him,
21 and shall also include a complete listing of all receipts and
22 disbursements made by such committee for any purpose, including
23 all receipts and disbursements from the publication and sale of
24 all publications, and from the time of the last account or from
25 the time of the formation of the political committee if no prior
26 account has been filed. In the case of candidates for election
27 who have previously filed accounts of their primary expenses as
28 candidates for nomination, the accounts shall only include
29 receipts, contributions and disbursements subsequent to the date
30 of such prior accounts. Any person who purchases tickets for a
19750H0185B0206 - 11 -
1 rally, dinner or similar campaign activity, which purchases
2 aggregate in excess of twenty-five dollars ($25) with respect to
3 said rally, dinner or activity, shall be listed by the candidate
4 or political committee, in the manner set forth for other
5 contributions. Accounts shall be filed in accord with the
6 following schedule including the full legal name along with the
7 primary residential address of the person from whom received,
8 the date, purpose, and amount of each purchase, and in addition
9 with respect to those who purchase tickets aggregating in excess
10 of one hundred dollars ($100), the occupation, the employer and
11 the main address of the employer.
12 Accounts shall be filed in accordance with the following
13 schedule:
14 (1) Forty-five (45) days before the date of the election for
15 Statewide elective offices only.
16 (2) Fifteen (15) days before the date of the election.
17 (3) Thirty (30) days after any election.
18 (4) Any contribution from any person or his immediate family
19 (child, parent or spouse) or a political committee, to a
20 candidate directly or through a treasurer of a political
21 committee, aggregating in the amount of one thousand dollars
22 ($1,000) or more received after the last report is filed prior
23 to the election shall be reported within seventy-two (72) hours
24 after its receipt. An envelope containing the report bearing
25 post office marks indicating mailing at least fifteen (15) days
26 before and thirty (30) days after the primary and general
27 election and seventy-two (72) hours after receipt of said last
28 minute large contributions shall constitute compliance with the
29 times specified for filing said reports. Upon request, the
30 appropriate supervisory officer shall provide the candidate or
19750H0185B0206 - 12 -
1 his treasurer with a certificate acknowledging receipt of all
2 filings required by this section. Disbursements will be reported
3 thirty (30) days after any election.
4 * * *
5 Section 8. The act is amended by adding sections to read:
6 Section 1607.1. Limitations on Campaign Contributions and
7 Expenditures.--
8 (a) The total expenditure per candidate in any election for
9 Statewide Commonwealth offices or General Assembly shall not
10 exceed fifteen cents (15¢) multiplied by the population, as
11 determined by the commission of the district or geographical
12 area in which the candidate is running. The last official
13 Federal census report shall be the basis of such determination.
14 (b) No candidate to whom this section applies shall spend or
15 allow any other political committee, including party committee,
16 or other person to make expenditures on his behalf which would
17 cause his total per candidate expenditures to exceed the limits
18 prescribed by this section. For the purposes of this section
19 primary, general and special elections shall be treated as
20 separate elections.
21 (c) At the beginning of each calendar year (commencing in
22 1975), as there becomes available necessary data from the Bureau
23 of Labor Statistics of the United States Department of Labor,
24 the Secretary of Revenue shall certify to the commission and
25 publish in the Pennsylvania Bulletin the per centum difference
26 between the price index for the twelve (12) months preceding the
27 beginning of such calendar year and the price index for the base
28 period. Each amount determined under subsection (a) of this
29 section shall be increased or decreased by such per centum
30 difference. Each amount so increased or decreased shall be the
19750H0185B0206 - 13 -
1 amount in effect for such calendar year. The term "price index"
2 shall mean the average over a calendar year of the consumer
3 price index (all items - United States city average) published
4 monthly by the United States Bureau of Labor Statistics. The
5 term "base period" shall mean the calendar year 1975.
6 (d) No person or political committee other than the
7 candidate or his immediate family or a political committee
8 authorized by the candidate to act for him only or a regularly
9 constituted party committee of any political party or political
10 body shall contribute directly or indirectly in excess of ten
11 per centum or five thousand dollars ($5,000) whichever is less
12 of the total campaign expenditures allowed under this section to
13 a candidate for a particular office. For the purposes of this
14 subsection, "immediate family" means a candidate's spouse and
15 any blood relative of the candidate or candidate's spouse. Blood
16 relative shall include the father, mother, grandfather,
17 grandmother, sisters, brothers, sisters or brothers of the
18 father or mother and children of the sisters or brothers of the
19 father or mother of the candidate or the candidate's spouse.
20 (e) Any corporation, unincorporated association, labor union
21 or labor organization that has established, in conformity with
22 Federal law, a separate segregated fund for the solicitation of
23 contributions to be utilized for any political purpose,
24 including partisan or nonpartisan registration or get out the
25 vote campaigns shall be subject to the same expense account
26 reporting requirements that apply to other political committees.
27 (f) No candidate may make expenditures from his personal
28 funds or those of his immediate family in connection with his
29 campaign for nomination or for election to public office in
30 excess of twenty-five per centum of the total campaign
19750H0185B0206 - 14 -
1 expenditures allowed under subsection (a) above.
2 (g) No candidate or political committee shall be permitted
3 to borrow in the aggregate more than ten per centum of the
4 allowable spending limit for any public office from banks or
5 other lending institutions.
6 Section 1607.2. Political Contribution Entering the
7 Commonwealth.--
8 (a) A candidate for nomination or election and every
9 treasurer of a political committee who receives contributions
10 from any political committee, or other legal entity, except a
11 natural person, outside the Commonwealth aggregating in excess
12 of two hundred dollars ($200), shall within seven (7) days after
13 such contributions accumulate in excess of two hundred dollars
14 ($200) file with the commission the full legal name and address
15 of the source of all such contributions.
16 Upon receipt of the above information the commission shall
17 within two (2) days by certified mail, elicit the following
18 information with respect to the contributors to such out of
19 state political committees or other legal entities:
20 (1) The full legal name; and,
21 (2) Principal business address of any contributors who: (i)
22 are residents of Pennsylvania; (ii) are residents of a foreign
23 country; (iii) have contributed amounts aggregating in excess of
24 five hundred dollars ($500).
25 (3) All such requested information shall be required to be
26 returned within seven (7) business days of the date of receipt
27 of the request.
28 (4) The commission shall pay the reasonable cost of
29 reproducing and mailing to obtain such information if so
30 requested by the sender.
19750H0185B0206 - 15 -
1 (5) In the event the commission is unable to obtain
2 satisfactory information pursuant to its request within the
3 specified period of time, it shall require such contribution or
4 its monetary equivalent to be deposited with it to be held in
5 escrow for twenty (20) additional days. If a satisfactory
6 explanation has not been received by then, said money shall be
7 forfeited into the General Fund of the Commonwealth.
8 (6) Any candidate or political committee which fails to
9 report the receipt of out of state contributions as required
10 herein, shall forfeit into the General Fund of the Commonwealth
11 any amount equal to three (3) times the amount of all such
12 unreported contributions.
13 (b) Every candidate for nomination or election and every
14 treasurer of a candidate or political committee which
15 distributes funds outside the Commonwealth in excess of five
16 hundred dollars ($500) aggregate shall within forty-eight (48)
17 hours after such distribution file with the commission the
18 following information:
19 (1) The name and resident address of the candidate, or
20 political committee distributing such funds.
21 (2) The name and address of the beneficiaries of the funds.
22 (3) The amount and the purpose of the funds.
23 Section 1608.1. Procedure When Accounts and Affidavits not
24 Filed.--In the event that any candidate elected to public office
25 fails to file such accounts and affidavits prescribed by this
26 act or in the event that the same are filed, but are incomplete,
27 the election officer with whom they are to be filed shall within
28 thirty (30) days notify such elected candidate in writing of
29 such failure to file or that such accounts and affidavits are
30 incomplete. The elected candidate shall have thirty (30) days
19750H0185B0206 - 16 -
1 from receipt of such notification to file or complete his
2 statement.
3 In case any elected candidate shall wilfully fail to file or
4 complete the sworn written statement required by this act, the
5 appropriate election officer shall in not less than thirty (30)
6 days nor more than sixty (60) days after such written
7 notification, petition the appropriate court for a rule upon
8 such elected candidate to show cause why his office should not
9 be declared vacant. Such rule shall be made returnable not less
10 than two (2) weeks from its date of issue. Upon hearing and
11 proof that the elected candidate has wilfully failed to file or
12 complete such accounts and affidavits the court shall declare
13 the office vacant. Petitions by the commission shall be filed in
14 the Commonwealth Court. Petitions by the county board of
15 elections shall be filed in the court of common pleas of the
16 applicable judicial district.
17 Section 9. Section 1610 of the act is amended to read:
18 Section 1610. Inspection and Preservation of Accounts and
19 Affidavits.--All such lists of contributions, expense accounts
20 and affidavits shall be open to public inspection in the office
21 where they are filed and shall be carefully preserved by the
22 officer or board in charge thereof, and not removed therefrom,
23 except upon the order of a competent court, for a period [of two
24 years after filing] commensurate with the length of the term of
25 office for which the individual filed the accounts.
26 Section 10. The act is amended by adding sections to read:
27 Section 1611.1. Audit; Selection of Offices and
28 Prosecution.--An audit of filed expense accounts for candidates
29 and political committees shall be conducted each general
30 election year for the General Assembly, Auditor General, State
19750H0185B0206 - 17 -
1 Treasurer and United States Senator, when up for election. The
2 audit shall cover both the primary and general election expenses
3 of every candidate who files for nomination to that office in a
4 manner hereinafter set forth.
5 (a) The commission shall assign a number to each office for
6 United States House of Representatives and to the offices of the
7 General Assembly which are up for election. The secretary shall
8 then deliver both the numbers and the offices assigned thereto
9 to the Commonwealth Court fifteen (15) days before the general
10 election.
11 (b) Thirty (30) days after the general election, the
12 President Judge of the Commonwealth Court shall select the
13 necessary number of certified public accountants assigning each
14 a number. The President Judge shall then select five (5) General
15 Assembly offices and one (1) office for the United States House
16 of Representatives at random. The President Judge shall then
17 combine those offices previously selected with the other offices
18 required to be audited by this act. The President Judge shall
19 then select the offices at random, the first office selected
20 matched to the lowest number assigned to the certified public
21 accountant and so forth until the requisite offices selected are
22 assigned to the requisite certified public accountants.
23 (c) The certified public accountants shall conduct their
24 audit in accordance with accepted accounting principles and
25 practices and submit their audit report to the commission for
26 its findings of any possible violation of Article XVI with
27 respect to accounts, contributions, and expenditures. Any such
28 findings shall be communicated to all parties in interest by
29 certified mail. Any party aggrieved by such finding of the
30 commission may appeal to the Commonwealth Court within thirty
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1 (30) days of receipt of such notification. The certified public
2 accountants may request the Commonwealth Court to issue
3 subpoenas to secure any materials the accountants deem necessary
4 to complete their work. The audit report must be filed with the
5 commission on or before June first of the year subsequent to the
6 election and shall be treated as a public record. The commission
7 shall forward a copy of all audit reports to the Attorney
8 General, the district attorney with appropriate jurisdiction,
9 the Speaker of the House, the President pro tempore of the
10 Senate and the minority leader of the House of Representatives
11 and the Senate.
12 (d) The cost of the audits shall be deemed a general
13 administrative expense of the office of the commission and
14 chargeable to said office.
15 Section 1612.1. Civil Action; Damages.--The Attorney
16 General, the county district attorney with appropriate
17 jurisdiction, or an elector, upon the posting of a bond in the
18 amount of five hundred dollars ($500) who was qualified to vote
19 for the affected office in question, and did vote in said
20 election may initiate a civil action suit against any candidate,
21 political committee or contributor alleging a violation of
22 Article XVI within one (1) year from the date of the election.
23 The bond shall be forfeited if the court determines the action
24 to be without colorable claim.
25 (b) All cases involving candidates for offices elected on a
26 Statewide basis shall be within the jurisdiction of the
27 Commonwealth Court. All other cases shall be within the
28 jurisdiction of the appropriate court of common pleas.
29 (c) In cases where the finding is against a respondent, the
30 court shall assess costs against said respondent, except in
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1 cases wherein the action is brought by the Attorney General or
2 the district attorney, and in addition the court, in all cases,
3 shall assess a civil penalty of not less than one hundred
4 dollars ($100) nor more than five thousand dollars ($5,000)
5 against each respondent which shall be payable to the General
6 Fund of the Commonwealth.
7 (d) In cases where the finding is against the complainant,
8 the court shall assess costs against said complainant. If the
9 court determines that the complaint is without colorable claim
10 it shall assess as a part of the costs reasonable attorney's
11 fees for the respondent.
12 Section 1615. Copies of Election Code.--
13 (a) The General Assembly shall provide the commission with
14 two thousand (2,000) copies of the new changes in the
15 "Pennsylvania Election Code" for distribution to each election
16 candidate, each political committee officer filed with the
17 bureau of elections, to the county boards of elections, and to
18 the officers of each political party's State and county
19 committee of record.
20 (b) The commission shall annually have the necessary
21 revision of the "Pennsylvania Election Code" published in a
22 bound volume for distribution in future years.
23 Section 1616. Conflict with Federal Law.--If any provision
24 of this act is inconsistent with Federal laws or rules and
25 regulations of Federal law, the stronger provision shall apply
26 unless suspended by the Federal law.
27 Section 11. Section 1842 of the act is amended to read:
28 Section 1842. Contributions and Disbursements Made in
29 Unauthorized Manner.--Any person who shall make or knowingly
30 receive any contribution for primary or election expenses in
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1 violation of the provisions of sections 1604 and 1605 of this
2 act or any candidate, treasurer of a political committee or
3 other person who shall pay any primary or election expenses in
4 violation of the provisions of sections 1604 and 1605 of this
5 act or any candidate, treasurer of a political committee or
6 other person who shall pay any primary or election expenses in
7 any manner not authorized by section 1604 of this act, shall be
8 guilty of a misdemeanor, and, upon conviction thereof, shall be
9 sentenced to pay a fine not exceeding one thousand ($1,000)
10 dollars, or to undergo an imprisonment of not less than one (1)
11 month nor more than two (2) years, or both, in the discretion of
12 the court.
13 Section 12. This act shall take effect immediately except
14 that the amendments to sections 204 and 1601 shall not take
15 effect until January 1, 1976 and shall be applied to all
16 elections after January 1, 1977.
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