PRIOR PRINTER'S NO. 1710 PRINTER'S NO. 1883
No. 1450 Session of 1987
INTRODUCED BY KUKOVICH, DeWEESE, KOSINSKI, HAGARTY AND BORTNER, JUNE 3, 1987
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 1987
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 primary ballots and the 12 arrangement of the names on ballots; providing limited 13 Pennsylvania Fair Campaign funding of certain Statewide 14 elections; limiting certain contributions; imposing powers 15 and duties on the Department of State; and providing 16 penalties. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Section 1002(b) of the act of June 3, 1937 20 (P.L.1333, No.320), known as the Pennsylvania Election Code, 21 amended December 2, 1976 (P.L.1221, No.269), is amended to read: 22 Section 1002. Form of Official Primary Ballot.--* * * 23 (b) On the back of each ballot shall be printed in prominent 24 type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
1 followed by the designation of the election district for which 2 it is prepared, the date of the primary and the facsimile 3 signatures of the members of the county board of elections. 4 [The] EXCEPT IN THE CASE OF CANDIDATES FOR STATE-WIDE JUDICIAL <-- 5 OFFICE, THE names of candidates shall [in all cases] be arranged <-- 6 under the title of the office for which they are candidates, and 7 be printed thereunder in the order determined by the casting of 8 lots as provided by this act. THE NAMES OF ALL CANDIDATES FOR A <-- 9 STATE-WIDE JUDICIAL OFFICE SHALL BE ARRANGED IN A GROUP UNDER 10 THE TITLE OF THAT OFFICE AND SHALL BE ROTATED FROM ONE PRECINCT 11 TO ANOTHER, EXCEPT ON ABSENTEE BALLOTS. ON ABSENTEE BALLOTS, THE 12 NAMES OF ALL CANDIDATES FOR STATE-WIDE JUDICIAL OFFICE SHALL BE 13 ARRANGED IN A GROUP UNDER THE TITLE OF THAT OFFICE AND SHALL BE 14 SO ALTERNATED THAT EACH NAME SHALL APPEAR, INSOFAR AS MAY BE 15 REASONABLY POSSIBLE, SUBSTANTIALLY AN EQUAL NUMBER OF TIMES AT 16 THE BEGINNING, AT THE END AND AT EACH INTERMEDIATE PLACE, IF 17 ANY, OF THE GROUP IN WHICH SUCH NAME BELONGS. Under the title of 18 such offices where more than one candidate is to be voted for, 19 shall be printed "Vote for not more than ........" (the blank 20 space to indicate the number of candidates to be voted for the 21 particular office.) At the right of the name of each candidate 22 there shall be a square of sufficient size for the convenient 23 insertion of a cross (x) or check ( ) (/) mark. There shall be <-- 24 left at the end of the list of candidates for each office (or 25 under the title of the office itself in case there be no 26 candidates who have filed nomination petitions therefor) as many 27 blank spaces as there are persons to be voted for, for such 28 office, in which space the elector may insert the name of any 29 person whose name is not printed on the ballot as a candidate 30 for such office. [Opposite or under the name of each candidate, <-- 19870H1450B1883 - 2 -
1 except candidates for the office of President of the United 2 States, candidates for Statewide judicial office and candidates <-- 3 for delegate or alternate delegate to a National Party 4 Convention, who is to be voted for by the electors of more than 5 one county, shall be printed the name of the county in which 6 such candidate resides; and opposite or under the name of each 7 candidate except candidates for delegate or alternate delegate 8 to a National Party Convention who is to be voted for by the 9 electors of an entire county or any congressional, senatorial or 10 representative district within the county, shall be printed the 11 name of the city, borough, township or ward, as the case may be, 12 in which such candidate resides.] <-- 13 * * * 14 Section 2. Section 1004 of the act, amended February 19, <-- 15 1986 (P.L.29, No.11), is amended to read: 16 Section 1004. Form of Ballots; Printing Ballots; Stubs; 17 Numbers.--From the lists furnished by the Secretary of the 18 Commonwealth under the provisions of sections 915 and 984, and 19 from petitions and papers filed in their office, the county 20 election board shall print the official primary and election 21 ballots in accordance with the provisions of this act: Provided, 22 however, That in no event, shall the name of any person 23 consenting to be a candidate for nomination for any one office, 24 except the office of judge of a court of common pleas, the 25 Philadelphia Municipal Court or the Traffic Court of 26 Philadelphia, or the office of school director in districts 27 where that office is elective or the office of justice of the 28 peace be printed as a candidate for such office upon the 29 official primary ballot of more than one party. All ballots for 30 use in the same election district at any primary or election 19870H1450B1883 - 3 -
1 shall be alike. They shall be at least six inches long and four 2 inches wide, and shall have a margin extending beyond any 3 printing thereon. They shall be printed with the same kind of 4 type (which shall not be smaller than the size known as 5 "brevier" or "eight point body") upon white paper of uniform 6 quality, without any impression or mark to distinguish one from 7 another, and with sufficient thickness to prevent the printed 8 matter from showing through. Each ballot shall be attached to a 9 stub, and all the ballots for the same election district shall 10 be bound together in books of fifty, in such manner that each 11 ballot may be detached from its stub and removed separately. The 12 ballots for each party to be used at a primary shall be bound 13 separately. The stubs of the ballots shall be consecutively 14 numbered, and in the case of primary ballots, the number shall 15 be preceded by an initial or abbreviation designating the party 16 name. The number and initial or abbreviation which appears upon 17 the stub shall also be printed in the upper right hand corner of 18 the back of the ballot, separated from the remainder of the 19 ballot by a diagonal perforated line so prepared that the upper 20 right hand corner of the back of the ballot containing the 21 number may be detached from the ballot before it is deposited in 22 the ballot box and beside that corner shall also be printed, 23 "Remove numbered stub immediately before depositing your ballot 24 in ballot box." The names of all candidates for an office shall 25 be arranged in a group under the title of that office and shall 26 be rotated from one precinct to another, except on absentee 27 ballots. On absentee ballots, the names of all candidates for an 28 office shall be arranged in a group under the title of that 29 office and shall be so alternated that each name shall appear, 30 insofar as may be reasonably possible, substantially an equal 19870H1450B1883 - 4 -
1 number of times at the beginning, at the end and at each 2 intermediate place, if any, of the group in which such name 3 belongs. 4 Section 3 2. Section 1633(a) THE HEADING AND SUBSECTION (A) <-- 5 OF SECTION 1633 of the act, amended November 26, 1978 (P.L.1313, 6 No.318), is ARE amended to read: <-- 7 Section 1633. Contributions or Expenditures by National 8 Banks, PARTNERSHIPS, Corporations or Unincorporated <-- 9 Associations.-- 10 (a) It is unlawful for any National or State bank, 11 partnership or any corporation, incorporated under the laws of 12 this or any other state or any foreign country or any 13 unincorporated association, except those corporations formed 14 primarily for political purposes or as a political committee, to 15 make a contribution or expenditure in connection with the 16 election of any candidate or for any political purpose whatever 17 except in connection with any question to be voted on by the 18 electors of this Commonwealth. Furthermore, it shall be unlawful 19 for any candidate, political committee, or other person to 20 knowingly accept or receive any contribution prohibited by this 21 section, or for any officer or any director of any corporation, 22 PARTNERSHIP, bank, or any unincorporated association to consent <-- 23 to any contribution or expenditure by the corporation, 24 PARTNERSHIP, bank or unincorporated association, as the case may <-- 25 be, prohibited by this section. 26 * * * 27 Section 4 3. The act is amended by adding an article to <-- 28 read: 29 ARTICLE XVI-A 30 Campaign Cost Control 19870H1450B1883 - 5 -
1 Section 1601-A. Application of Article.--(a) The provisions <-- 2 of this article shall be applicable to candidates for the 3 following State-wide offices AND CANDIDATES FOR RETENTION <-- 4 ELECTION TO THOSE OFFICES who elect to apply for Pennsylvania 5 Fair Campaign funding hereunder: 6 (1) Supreme Court Justice. 7 (2) Superior Court Judge. 8 (3) Commonwealth Court Judge. 9 (b) For the purposes of this article, insofar as it relates <-- 10 to Pennsylvania Fair Campaign funding of nominated candidates in 11 the general election, a political party's or political body's 12 nominated candidates for Governor and Lieutenant Governor shall 13 be considered as one candidacy and the provisions specifically 14 applicable to the Governor shall be applicable to such combined 15 candidacy. 16 Section 1602-A. Administration.--The provisions of this 17 article shall be administered by the Secretary of the 18 Commonwealth hereinafter referred to as the secretary. The 19 secretary may adopt such rules and regulations as may be 20 necessary for the implementation of this article. 21 Section 1603-A. Pennsylvania Fair Campaign Fund Created.-- 22 There is hereby created a special restricted receipts fund in 23 the State Treasury to be known as the "Pennsylvania Fair 24 Campaign Fund." Payments shall be made into said fund pursuant 25 to section 1604-A and disbursements shall be made from said fund 26 only upon the warrant of the Secretary of the Commonwealth and a 27 warrant of the State Treasurer. As much of the moneys in the 28 Pennsylvania Fair Campaign Fund as are necessary to make 29 payments to candidates as provided in this article are 30 appropriated from the Pennsylvania Fair Campaign Fund to the 19870H1450B1883 - 6 -
1 Department of State for the purpose of such payments. 2 Section 1604-A. Allocation of Certain Tax Proceeds to 3 Pennsylvania Fair Campaign Fund.--Beginning with tax years 4 commencing January 1, 1987, and thereafter, each individual 5 subject to the tax imposed by Article III of the act of March 4, 6 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," 7 whose tax liability for any such year is two dollars and fifty <-- 8 cents ($2.50) ONE DOLLAR ($1.00) or more may designate two <-- 9 dollars and fifty cents ($2.50) ONE DOLLAR ($1.00) of his or her <-- 10 personal income taxes to be paid into the Pennsylvania Fair 11 Campaign Fund. In the case of married taxpayers filing a joint 12 return, each spouse may designate two dollars and fifty cents <-- 13 ($2.50) ONE DOLLAR ($1.00) to be paid into the Pennsylvania Fair <-- 14 Campaign Fund if their tax liability is five dollars ($5.00) TWO <-- 15 DOLLARS ($2.00) or more. All such designated tax revenues shall 16 be paid into the Pennsylvania Fair Campaign Fund. The check-off 17 and instructions shall be prominently displayed on the first 18 page of the return form. The instructions shall readily indicate 19 that any such designations neither increase or decrease an 20 individual's tax liability. 21 Section 1605-A. Certification of Moneys in Pennsylvania Fair 22 Campaign Fund.--By June 30 of each year, the State Treasurer 23 shall certify to the secretary the current balance available in 24 the Pennsylvania Fair Campaign Fund. 25 Section 1606-A. Qualification for Pennsylvania Fair Campaign 26 Funding.--(a) Any candidate for State-wide office as described 27 in section 1601-A may apply for Pennsylvania Fair Campaign 28 funding under this article if such candidate meets the 29 contributory thresholds established in subsection (b) and 30 otherwise conforms to the requirements of this article. No 19870H1450B1883 - 7 -
1 candidate shall be obligated to apply for funding hereunder and 2 if any candidate elects not to apply, the provisions of this 3 article pertaining to limits on expenditures or the use of their 4 personal funds shall be inapplicable to such person and their 5 candidacy. Any candidate electing to receive Pennsylvania Fair 6 Campaign funding must declare his intention to do so and specify 7 the State office for which he is a candidate. Any and all 8 committees authorized to receive contributions or make 9 expenditures for the candidate who has so declared must abide by 10 the provisions of section 1612-A. Any candidate who for any 11 reason has his name withdrawn from the ballot for a State-wide 12 election, after receipt of Pennsylvania Fair Campaign funds, 13 shall return all moneys received to the Pennsylvania Fair 14 Campaign Fund as well as offering back qualifying contributions 15 for that State-wide office. 16 (b) (1) In order to qualify for Pennsylvania Fair Campaign 17 funding in the general election, a candidate must receive, 18 subsequent to the date of the primary election but prior to the 19 date of the general election, qualifying contributions of the 20 following amounts: 21 Office Qualifying Contributions Required 22 (i) Supreme Court Justices $25,000 23 (ii) Superior Court Judges 25,000 24 (iii) Commonwealth Court Judges 25,000 25 (2) In order to qualify for Pennsylvania Fair Campaign 26 funding in the primary election, a candidate must receive prior 27 to the date of the primary election, but subsequent to the 28 immediately preceding general election, one-half of the amount 29 specified in clause (1) for the appropriate office. 30 (3) (i) The term "qualifying contribution" shall include 19870H1450B1883 - 8 -
1 any contribution, as defined in section 1621(b), which has all 2 of the following characteristics: 3 (A) Made by an individual resident of Pennsylvania. 4 (B) Made by a written instrument which indicates the 5 contributor's full name and mailing residence and is not 6 intended to be returned to the contributor or transferred to 7 another political committee or candidate. 8 (ii) If a contributor receives goods or services of value in 9 return for his contribution, the qualifying contribution shall 10 be calculated as the original contribution, minus the fair 11 market value of the goods or services received. 12 (iii) Any contribution by an individual which exceeds one 13 hundred dollars ($100.00) in the aggregate shall be deemed only 14 a one hundred dollar ($100.00) qualifying contribution for the 15 purposes of this section and for the matching payment provisions 16 of section 1607-A. 17 (c) The secretary shall select an auditor pursuant to the 18 provisions of section 1635(a). Each candidate who elects to 19 apply for Pennsylvania Fair Campaign funding shall provide 20 evidence that such candidate has raised the qualifying 21 contributions required by this section which evidence shall be 22 verified and certified as correct to the secretary by the 23 auditor selected hereunder. 24 Section 1607-A. Pennsylvania Fair Campaign Funding 25 Formula.--(a) Every candidate who qualifies for Pennsylvania 26 Fair Campaign funding for either the primary or the general 27 election pursuant to section 1606-A shall receive matching 28 payments from the Pennsylvania Fair Campaign Fund in the amount 29 of one dollar ($1.00) for each dollar of qualifying contribution 30 as defined in section 1606-A(b)(3). 19870H1450B1883 - 9 -
1 (b) The one dollar ($1.00) for each dollar of qualifying 2 contributions provided by this section shall be provided only 3 for qualifying contributions raised which exceed the threshold 4 amounts specified in section 1606-A(b) and not to those 5 qualifying contributions which are attributable to meeting such 6 threshold amounts necessary to qualify for Pennsylvania Fair 7 Campaign funding. 8 (c) (1) Only those qualifying contributions made during the 9 period between a declaration of candidacy and the primary 10 election shall be eligible for matching payments from the 11 Pennsylvania Fair Campaign Fund for the primary election. 12 (2) Only those qualifying contributions made during the 13 period between the primary election and the general election 14 shall be eligible for matching payments from the Pennsylvania 15 Fair Campaign Fund for the general election. 16 (d) Matching funds shall not be provided for any qualifying 17 contribution unless the reporting requirements of section 18 1626(b) are satisfied. 19 Section 1608-A. Limitations on Pennsylvania Fair Campaign 20 Funding.--(a) Every candidate who qualifies for and receives 21 Pennsylvania Fair Campaign funding pursuant to the formula 22 established in section 1607-A shall be entitled to receive no 23 more than the maximum amount specified in subsection (b) for the 24 office such candidate is seeking. 25 (b) (1) The maximum amount of Pennsylvania Fair Campaign 26 funding available for the general election for each candidate 27 under this article shall be as follows: 28 Office Maximum Pennsylvania Fair 29 Campaign Funding 30 (i) Supreme Court Justices $150,000 19870H1450B1883 - 10 -
1 (ii) Superior Court Judges 150,000 2 (iii) Commonwealth Court Judges 150,000 3 (2) The maximum amount of Pennsylvania Fair Campaign funding 4 available for the primary election for each candidate under this 5 article shall be one-half the appropriate figure in clause (1). 6 (c) Notwithstanding any other provisions of this article no 7 Pennsylvania Fair Campaign funding shall be provided to the 8 following: 9 (1) Candidates in the general election who have been 10 nominated by both major political parties. 11 (2) Candidates in the primary election who are unopposed for 12 the nomination. 13 (d) As used in this article, "major political party" shall 14 mean a political party whose candidate for Governor received 15 either the highest or second highest number of votes in the 16 preceding gubernatorial election. 17 Section 1609-A. Time of Payments.--(a) Beginning ninety 18 (90) days prior to the relevant primary or general election, the 19 secretary shall make payments authorized by this article at 20 least every two (2) weeks. However, except for the final 21 payment, no payment shall be due or paid if the payment does not 22 equal at least five thousand dollars ($5,000) in amount. 23 (b) If in the secretary's opinion insufficient funds exist 24 in the Pennsylvania Fair Campaign Fund to provide the 25 anticipated full funding to eligible candidates in a given 26 primary or general election, the secretary shall distribute the 27 available funds to qualified candidates on a pro-rata basis. In 28 determining whether sufficient funds are available, the 29 secretary shall not take into consideration the needs of any 30 subsequent primary or general elections but shall base the 19870H1450B1883 - 11 -
1 decision solely on the immediate primary or election at hand. 2 Section 1610-A. Use of Pennsylvania Fair Campaign Funds by 3 Candidates.--(a) Pennsylvania Fair Campaign funds distributed 4 to candidates pursuant to this article may be used only for the 5 election for which they are distributed and only for the 6 purposes set forth in section 1634.1 except that no fund moneys 7 may be used: 8 (1) To transfer to other candidates or to committees of 9 other candidates or to political committees. 10 (2) To pay for expenditures incurred after the date of the 11 general election. 12 (b) Pennsylvania Fair Campaign funds distributed to a 13 candidate pursuant to this article shall be placed in a single 14 bank account. Expenditures from this account shall be made only 15 for campaign expenses listed in subsection (a). 16 Section 1611-A. Expenditures.--(a) Expenditures made by a 17 candidate and his authorized committees, for all purposes and 18 from all sources, including, but not limited to, amounts of 19 Pennsylvania Fair Campaign funds distributed under this article, 20 proceeds of loans, gifts, contributions from any source or 21 personal funds, subsequent to the date of the primary election, 22 but prior to the date of the general election, may not exceed 23 the amounts specified below: 24 Office Total Expenditure Limits 25 Justices and Judges 26 of the Supreme Court, 27 Superior Court and 28 Commonwealth Court. $300,000 29 (b) Expenditures made by a candidate and his authorized 30 committees, subsequent to January 1 but prior to the date of the 19870H1450B1883 - 12 -
1 primary election, may not exceed one-half of the amount 2 specified in subsection (a). 3 (c) Notwithstanding any other provision of this article, a 4 candidate who accepts public funding pursuant to the formula 5 established in 1607-A, but whose major political party opponent 6 elects not to apply for such public funding, shall not be bound 7 by the expenditure limits specified in this section and such 8 candidate or candidates who accept public funding shall be 9 eligible to qualify for those fair campaign funds which would 10 have otherwise been available to the opponent. 11 Section 1612-A. Limitations on Certain Contributions.--(a) 12 Any candidate for the office of Justice of the Supreme Court or <-- 13 Judge of the Superior Court or Commonwealth Court STATE-WIDE <-- 14 OFFICE, AS DESCRIBED IN SECTION 1601-A, shall not accept any 15 contribution from an individual or political action committee in 16 excess of two hundred fifty dollars ($250), except that the 17 candidate and spouse may contribute up to twenty-five thousand 18 dollars ($25,000) for each primary, general or special election. 19 Any non-judicial candidate for a State-wide office set forth <-- 20 under this article shall not accept contributions for each 21 primary, general or special election which exceed those 22 specified limits as follows: 23 Contributor Limit 24 (1) Individual $1,000 25 (2) Candidate and spouse 25,000 26 (3) Political action committee 27 as defined in section 1621(1) 1,000 28 (b) Aggregate contributions during the year of the election 29 by a political party committee or candidate's political 30 committee to candidates receiving Pennsylvania Fair Campaign 19870H1450B1883 - 13 -
1 funding shall not exceed the sum of contributions from 2 individuals to the committee, provided that whenever 3 contributions in the aggregate during the year of the election 4 from an individual exceed one thousand dollars ($1,000), only <-- 5 one thousand dollars ($1,000) TWO HUNDRED FIFTY DOLLARS ($250), <-- 6 ONLY TWO HUNDRED FIFTY DOLLARS ($250) shall be included in that 7 sum. 8 (c) A gift, subscription, loan, advance or deposit of money 9 or anything of value to a candidate shall be considered a 10 contribution both by the original source of the contribution and 11 by any intermediary or conduit if the intermediary or conduit 12 (1) exercises any control or any direction over the making of 13 the contribution; or (2) solicits the contribution or arranges 14 for the contribution to be made and directly or indirectly makes 15 the candidate aware of such intermediary or conduit's role in 16 soliciting or arranging the contribution for such candidate. 17 (d) For purposes of subsection (c), a contribution shall not 18 be considered to be a contribution by an intermediary or conduit 19 to the candidate if (1) the intermediary or conduit has been 20 retained by the candidate's committee for the purpose of fund- 21 raising and is reimbursed for expenses incurred in soliciting 22 contributions; (2) in the case of an individual, the candidate 23 has expressly authorized the intermediary or conduit to engage 24 in fund-raising, or the individual occupies a significant 25 position within the candidate's campaign organization; or (3) in 26 the case of a political committee, the intermediary or conduit 27 is an authorized committee of the candidate. 28 Section 1613-A. Inflation Indexing of Certain Limitations.-- 29 The dollar figures contained in sections 1606-A, 1608-A and 30 1611-A shall be adjusted annually during March at a rate equal 19870H1450B1883 - 14 -
1 to the average percentage change in the All-Urban Consumer Price 2 Index for the Pittsburgh, Philadelphia and Scranton standard 3 metropolitan statistical areas as published by the Bureau of 4 Labor Statistics of the United States Department of Labor, or 5 any successor agency, occurring in the prior calendar year. The 6 base year shall be 1986. The average shall be calculated and 7 certified by the secretary annually by adding the percentage 8 increase in each of the three areas and dividing by three. The 9 calculation and resulting new figures shall be published in the 10 Pennsylvania Bulletin during March. 11 Section 1614-A. Annual Report.--The secretary shall report 12 annually to the General Assembly and the Governor on the 13 operations of Pennsylvania Fair Campaign funding as provided by 14 this article. Such report shall include, but not be limited to, 15 the revenues and expenditures in the Pennsylvania Fair Campaign 16 Fund, the amounts distributed to candidates, the results of any 17 audits performed on candidates in compliance with the provisions 18 of this article and any prosecutions brought for violations of 19 this article. 20 Section 1615-A. Repayment of Borrowed Funds.--Any funds 21 borrowed by any candidate or his campaign treasurer or committee 22 for the purpose of nomination or election of the candidate shall 23 be repaid in full by the candidate prior to the date of the 24 general election in which he is a candidate for office. 25 Section 1616-A. Return of Excess Funds.--All unexpended 26 campaign funds in a candidate's and his authorized committees' 27 possession sixty (60) days after the election shall be returned 28 to the secretary for deposit in the Pennsylvania Fair Campaign 29 Fund, up to the amount of the funds which were distributed to 30 the candidate under this article. 19870H1450B1883 - 15 -
1 Section 1617-A. Penalties.--(a) A person who violates the 2 provisions of this act and who, as a result, obtains 3 Pennsylvania Fair Campaign funds to which he is not entitled 4 commits a misdemeanor of the first degree and, upon conviction, 5 shall be subject to a fine not to exceed the greater of ten 6 thousand dollars ($10,000) or three times the amount of funds 7 wrongfully obtained, or to imprisonment for up to five years, or 8 both. 9 (b) A person who violates section 1610-A or 1611-A of this 10 act commits a misdemeanor of the first degree and, upon 11 conviction, shall be subject to a fine not to exceed the greater 12 of ten thousand dollars ($10,000) or three times the amount of 13 funds that were wrongfully used or expended or imprisonment for 14 up to five years, or both. 15 (c) Except as provided in subsections (a) and (b) of this 16 section, a person who violates any provision of this act commits 17 a misdemeanor of the third degree and, upon conviction, shall be 18 subject to a fine of not more than one thousand dollars ($1,000) 19 or to imprisonment for up to one year, or both. 20 Section 5 4. This act shall be applicable to returns of <-- 21 taxpayers of calendar years commencing January 1, 1987, and 22 thereafter. Pennsylvania Fair Campaign funding shall be first 23 provided for candidates for Statewide JUDICIAL office in the <-- 24 primary election of 1988 1989 and in each primary, municipal and <-- 25 general election thereafter. 26 Section 6 5. This act shall take effect immediately. <-- E7L25JS/19870H1450B1883 - 16 -