PRIOR PRINTER'S NO. 1710                      PRINTER'S NO. 1883

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.          <--



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