PRINTER'S NO. 174
No. 157 Session of 1997
INTRODUCED BY CONTI, REINARD, CLYMER, MASLAND, CLARK, CARONE,
KREBS, FLEAGLE, VANCE, MELIO, MILLER, ARGALL, FICHTER,
LAUGHLIN, CAPPABIANCA, MANDERINO, ROONEY, FAIRCHILD, GORDNER,
MARKOSEK, VITALI, PLATTS, RUBLEY, CORRIGAN, M. N. WRIGHT,
STEIL, McCALL, COWELL, SATHER, JOSEPHS, BATTISTO, CURRY,
BUNT, ADOLPH, DALEY, LEVDANSKY, CORPORA, NICKOL, BARD,
BROWNE, MICHLOVIC, E. Z. TAYLOR, WILT, BOSCOLA, D. W. SNYDER
AND DRUCE, FEBRUARY 3, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 1997
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 defining "independent expenditure" and
12 adding definitions; and providing for organization of
13 political committees, for contributions, for independent
14 expenditures and for data base and public access.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 1621(e) and (l) of the act of June 3,
18 1937 (P.L.1333, No.320), known as the Pennsylvania Election
19 Code, added October 4, 1978 (P.L.893, No.171) and July 21, 1979
20 (P.L.189, No.63), are amended and the section is amended by
21 adding subsections to read:
1 Section 1621. Definitions.--As used in this article, the
2 following words have the following meanings:
3 * * *
4 (e) [The words "independent expenditure" shall mean an
5 expenditure by a person made for the purpose of influencing an
6 election without cooperation or consultation with any candidate
7 or any political committee authorized by that candidate and
8 which is not made in concert with or at the request or
9 suggestion of any candidate or political committee or agent
10 thereof.]
11 The words "independent expenditure" shall mean an expenditure
12 by a person for a communication expressly advocating the
13 election or defeat of a clearly identified candidate which is
14 not made with the cooperation or prior consent of, in
15 consultation or concert with or at the request or suggestion of
16 a candidate or any agent or authorized committee of the
17 candidate. Mere knowledge alone of the occurrence of an
18 expenditure shall not preclude it from being an independent
19 expenditure. For purposes of this definition:
20 (1) The word "agent" shall mean any person who has actual
21 oral or written authority, either express or implied, to make or
22 to authorize the making of expenditures on behalf of a
23 candidate, or shall mean any person who has been placed in a
24 position within the campaign organization where it would
25 reasonably appear that in the ordinary course of campaign
26 related activities he may authorize expenditures.
27 (2) The words "clearly identified candidate" shall mean that
28 the name of the candidate appears, a photograph or drawing of
29 the candidate appears or the identity of the candidate is
30 otherwise apparent by unambiguous reference.
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1 (3) The words "expressly advocating" shall mean any
2 communication containing a message which supports or opposes any
3 candidate, including, but not limited to, the name of the
4 candidate, a picture of the candidate or expressions such as
5 "vote for," "elect," "support," "vote against," "defeat" or
6 "reject." For purposes of this subsection, communications made
7 by an organization which the organization distributes beyond its
8 established membership shall be presumed to be expressly
9 advocating the election or defeat of a clearly identified
10 candidate.
11 (4) The words "made with the cooperation or prior consent
12 of, in consultation or concert with or at the request or
13 suggestion of a candidate or any agent or authorized committee
14 of the candidate" shall mean any arrangement, coordination or
15 direction by the candidate or his agent prior to the
16 publication, distribution, display or broadcast of the
17 communication. An expenditure shall be presumed to be so made
18 when it is:
19 (i) Based on information about the candidate's plans,
20 projects or needs provided to the expending person by the
21 candidate or by the candidate's agents, with a view toward
22 having an expenditure made.
23 (ii) Made by or through any person who is or has been
24 authorized to raise or expend funds, who is or has been an
25 officer of an authorized committee, including a political party
26 committee, or who is or has been receiving any form of
27 compensation from the candidate, the candidate's committee or
28 agent.
29 * * *
30 (l) The words "Political Action Committee" shall mean any
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1 political committee as defined in subsection (h) which receives
2 contributions and makes expenditures to, or on behalf of, any
3 candidate other than a candidate's own authorized political
4 committees or the political committees of any State, county,
5 city, borough, township, ward or other regularly constituted
6 party committee of any political party or political body. A
7 political action committee which is established, maintained or
8 controlled by a sponsoring organization such as a corporation,
9 labor organization, membership association or trade association
10 shall include in its registered name the full name of its
11 sponsoring organization.
12 * * *
13 (n) The words "affiliate" or "affiliated committee" shall
14 include:
15 (1) Any committee established or authorized by a candidate
16 as part of his or her campaign for the same election for office.
17 (2) Any committee established, financed, maintained or
18 controlled by the same corporation, labor organization, person
19 or group of persons, including any parent, subsidiary, branch,
20 division, department or local unit thereof. Local units may
21 include, in appropriate cases, a franchisee, licensee or
22 regional association.
23 (o) The words "in-kind contribution" shall mean a
24 contribution of goods, services, property or any valuable thing
25 offered free or at less than the usual and normal charge for
26 such goods or services, but shall not include any legal or
27 accounting services rendered to or on behalf of any political
28 committee of a political party, an authorized committee of a
29 candidate or any other political committee, if such services are
30 solely for the purpose of ensuring compliance with this article.
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1 Such legal or accounting services, however, shall be reported
2 pursuant to section 1631.
3 Section 2. Section 1622 of the act is amended by adding a
4 subsection to read:
5 Section 1622. Organization of Political Committees;
6 Treasurer and Assistant Treasurer; Records of Candidate and
7 Committees.--
8 * * *
9 (e) A candidate shall not authorize or control more than one
10 candidate's political committee per office sought.
11 Section 3. Section 1628 of the act, amended July 11, 1980
12 (P.L.600, No.128), is amended to read:
13 Section 1628. Late Contributions [and Independent
14 Expenditures].--
15 Any candidate or political committee, authorized by a
16 candidate and created solely for the purpose of influencing an
17 election on behalf of that candidate, which receives any
18 contribution or pledge of five hundred dollars ($500) or more[,
19 and any person making an independent expenditure, as defined by
20 this act, of five hundred dollars ($500) or more] after the
21 final pre-election report has been deemed completed shall report
22 such contribution[, pledge or expenditure] or pledge to the
23 appropriate supervisor by telegram, facsimile or mailgram. Such
24 telegram, facsimile or mailgram shall be sent by the candidate,
25 chairman or treasurer of the political committee within twenty-
26 four (24) hours of receipt of the contribution. [It shall be the
27 duty of the supervisor to confirm the substance of such telegram
28 or mailgram.] Any candidate in his own behalf, or chairman,
29 treasurer or candidate [in] on behalf of the political committee
30 or the candidate's campaign committee may also comply with this
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1 section by appearing personally before such supervisor and
2 reporting such late contributions or pledges.
3 Section 4. The act is amended by adding sections to read:
4 Section 1628.1 Independent Expenditures.--
5 (a) An expenditure not defined under section 1621 as an
6 independent expenditure shall be an in-kind contribution to the
7 candidate and an expenditure by the candidate, unless otherwise
8 exempted.
9 (b) The financing of the dissemination, distribution or
10 republication, in whole or in part, of any broadcast or any
11 written, graphic or other form of campaign materials prepared by
12 the candidate, his campaign committees or their authorized
13 agents shall be considered a contribution for the purpose of
14 contribution limitations and reporting responsibilities by the
15 person making the expenditure but shall not be considered an
16 expenditure by the candidate or his authorized committees unless
17 made with the cooperation or with the prior consent of, or in
18 consultation with, or at the request or suggestion of, a
19 candidate or any authorized agent or committee thereof.
20 (c) Every person who makes an independent expenditure
21 aggregating in excess of two hundred fifty dollars ($250) during
22 a calendar year in any election shall file a signed statement
23 and a copy of the material paid for with the independent
24 expenditure in accordance with the provisions of section 1631
25 within twenty-four (24) hours of making the expenditure. In
26 addition, the person who makes an independent expenditure shall
27 send a copy of the material submitted to each candidate for
28 whose benefit the expenditures were made in that race by
29 overnight mail, facsimile or courier service.
30 (d) The signed statement submitted by the person making the
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1 expenditure shall include the following information:
2 (1) The reporting person's name, mailing address, occupation
3 and name of employer, if any, or in the case of a separate
4 segregated committee, the name and address of the connected
5 organization.
6 (2) The name and mailing address of the person to whom the
7 expenditure was made.
8 (3) The amount, date and purpose of each expenditure.
9 (4) A statement which indicated whether the expenditure was
10 in support of or in opposition to a candidate, together with the
11 candidate's name and office sought.
12 (5) A notarized certification under penalty of perjury as to
13 whether the expenditure was made with the cooperation or prior
14 consent of, in consultation or concert with or at the request or
15 suggestion of any candidate or any authorized committee or agent
16 of any candidate.
17 (6) The identification of each person who made a
18 contribution in excess of two hundred dollars ($200) to the
19 person filing the report, which contribution was made for the
20 purpose of furthering the reported independent expenditure.
21 (e) Within twenty-four (24) hours of receipt of the material
22 described in subsection (d), each candidate for whose benefit
23 the expenditure was made shall file a statement under the
24 provisions of section 1631 if either of the following apply:
25 (1) the materials expressly advocate the election of his
26 candidacy; or
27 (2) the materials expressly advocate the defeat of his
28 opponent.
29 (f) The statement submitted by each candidate for whose
30 benefit the expenditure was made shall identify the date of the
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1 expenditure as provided for by the expending person and include
2 a notarized certification under penalty of perjury as to whether
3 the expenditure was made in cooperation, consultation or concert
4 with the person making the expenditure or at the request or
5 suggestion of the candidate or any authorized committee or agent
6 of the candidate. The statement shall be signed by each
7 candidate for whose benefit the expenditure was made.
8 (g) The statement submitted by a candidate shall identify
9 the date of the expenditure as provided for by the expending
10 person and include a notarized certification under penalty of
11 perjury as to whether the expenditure was made in cooperation,
12 consultation or concert with the person making the expenditure
13 or at the request or suggestion of the candidate or any
14 authorized committee or agent of the candidate. The statement
15 shall be signed by the candidate.
16 (h) No expenditure by an authorized committee of a candidate
17 on behalf of that candidate shall qualify as an independent
18 expenditure.
19 (i) (1) Any person who does not report an expenditure of
20 funds as required under subsection (e) commits a misdemeanor of
21 the first degree and shall, upon conviction, be subject to a
22 fine of not more than ten thousand dollars ($10,000) or to
23 imprisonment for up to five (5) years, or both.
24 (2) A person shall not be deemed elected to a public office
25 under the laws of this Commonwealth, or enter upon the duties
26 thereof, or receive any salary or emoluments therefrom, if the
27 affidavit required in subsection (f) has not been submitted as
28 described.
29 (3) Any candidate who does not submit the affidavit as
30 required under subsection (f) commits a misdemeanor of the
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1 second degree and shall, upon conviction, be subject to a fine
2 of not more than five thousand dollars ($5,000) or to
3 imprisonment for up to two (2) years, or both. All actions
4 pursuant to enforcement of this subsection shall be initiated in
5 the Commonwealth Court.
6 Section 1634.2. Limitations on Contributions.--
7 (a) Aggregate contributions, including in-kind
8 contributions, from any person to any candidate, his authorized
9 committee or agent shall not exceed one thousand dollars
10 ($1,000) for each election. Furthermore, for each election, no
11 candidate, his authorized committee or agent shall accept or
12 receive more than one thousand ($1,000) in aggregate
13 contributions, including in-kind contributions, from any person.
14 (b) Aggregate contributions, including in-kind
15 contributions, from a single political action committee, its
16 affiliate or agent to any candidate, his authorized committee or
17 agent shall not exceed five thousand dollars ($5,000) for each
18 election. Furthermore, for each election, no candidate, his
19 authorized committee or agent shall accept or receive more than
20 five thousand dollars ($5,000) in aggregate contributions,
21 including in-kind contributions, from a single political action
22 committee, its affiliate or agent.
23 (c) Aggregate contributions, including in-kind
24 contributions, from a single political action committee
25 registered with the Department of State in accordance with
26 section 1624, its affiliate or agent to any political action
27 committee registered with the Department of State in accordance
28 with section 1624, its affiliate or agent shall not exceed five
29 thousand dollars ($5,000) in aggregate contributions during any
30 calendar year. Furthermore, no political action committee
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1 registered with the Department of State in accordance with
2 section 1624, its affiliate or agent shall accept or receive
3 more than five thousand dollars ($5,000) in aggregate
4 contributions, including in-kind contributions from a single
5 political action committee registered with the Department of
6 State in accordance with section 1624, its affiliate or agent
7 during any calendar year.
8 (d) Aggregate contributions from a single candidate's
9 political committee to any other single candidate's political
10 committee or any single political action committee shall not
11 exceed five thousand dollars ($5,000) in a calendar year.
12 Furthermore, during any calendar year, no single political
13 action committee or single candidate's political committee shall
14 accept or receive more than five thousand dollars ($5,000) in
15 aggregate contributions from any single candidate's political
16 committee.
17 (e) The provisions of this section are not applicable to any
18 contribution made for the purpose of influencing any election
19 for Federal office.
20 Section 5. Section 1639 of the act, added October 4, 1978
21 (P.L.893, No.171), is amended to read:
22 Section 1639. Powers and Duties of the Supervisor.--It shall
23 be the duty of the supervisor to:
24 (1) Furnish to the persons, subject to the provisions of
25 this act, a bookkeeping and reporting manual and the prescribed
26 forms for the making of the reports and statements required to
27 be filed under this article.
28 (2) Develop a filing system consistent with the purposes of
29 this article.
30 (3) [Make] Except as provided in section 1643(d), make the
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1 reports and statements filed with him or her available for
2 public inspection and copying, commencing as soon as practicable
3 but not later than the end of the second day following the day
4 during which it was received, and to provide copies of any such
5 report or parts thereof, as requested by any person, at the
6 expense of such person, at the rate not to exceed the actual
7 cost of reproduction.
8 (4) Preserve such reports and statements for a period of
9 five (5) years from the date of filing.
10 (5) Compile and maintain a current list of all statements
11 pertaining to each candidate and political committee.
12 (6) Make from time to time inquiries and field
13 investigations with respect to reports and statements filed
14 under the provisions of this article and with respect to alleged
15 failures to file any report or statement required under
16 provisions of this article.
17 (7) Report apparent violations of this article to the
18 appropriate law enforcement authorities.
19 (8) Collect any fines relating to the filing of late reports
20 and transmit all such fines collected to the appropriate fiscal
21 officer of the receiving supervisor.
22 (9) Inform each candidate or committee which has failed to
23 file of that fact.
24 (10) Publish a list of all those candidates and their
25 committees who have failed to file reports as required by this
26 act within six (6) days of their failure to comply.
27 Section 6. The act is amended by adding a section to read:
28 Section 1643. Computer Data Base, Filing Requirements and
29 Public Access.--
30 (a) The Secretary of the Commonwealth shall establish a
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1 computer data base which shall provide for the electronic
2 storage and retrieval of all reports and statements filed with
3 the Secretary of the Commonwealth in accordance with sections
4 1626 and 1627.
5 (b) Except as provided in subsection (c), all reports and
6 statements filed with the Secretary of the Commonwealth in
7 accordance with sections 1626 and 1627 shall be filed
8 electronically via computer diskette, modem or other means of
9 electronic transfer in a form prescribed by the Secretary of the
10 Commonwealth through regulation. Any report or statement filed
11 via computer diskette, modem or other means of electronic
12 transfer shall be accompanied by a paper copy of the statement
13 or report.
14 (c) Any political committee or candidate that receives,
15 expends or incurs liabilities totaling less than five thousand
16 dollars ($5,000) per election may file with the Secretary of the
17 Commonwealth reports or statements required by sections 1626 and
18 1627:
19 (1) via computer diskette, modem or other means of
20 electronic transfer in a form prescribed by the Secretary of the
21 Commonwealth through regulation and accompanied by a paper copy;
22 or
23 (2) on paper forms designed by the Secretary of the
24 Commonwealth.
25 (d) (1) The Secretary of the Commonwealth shall make
26 available for public inspection and copying paper copies of
27 reports and statements filed electronically commencing as soon
28 as practicable, but not later than the end of the second day
29 following the day during which it was received and provide
30 copies of any such report or parts thereof, as requested by any
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1 person, at the expense of such person, at the rate not to exceed
2 the actual cost of reproduction.
3 (2) The Secretary of the Commonwealth shall make reports and
4 statements filed electronically with the Secretary of the
5 Commonwealth available to the public by electronic means
6 commencing as soon as possible, but not later than the end of
7 the seventh calendar day following the day during which it was
8 received. In doing so, the Secretary of the Commonwealth shall
9 provide the data via a computer terminal in the Department of
10 State and, upon request, via diskette, modem or other means of
11 electronic transfer, at a reasonable cost, not to exceed actual
12 costs to the Department of State.
13 (e) The Secretary of the Commonwealth shall not require the
14 viewer to provide any information or identification as a
15 condition of viewing any report or statement.
16 (f) The Secretary of the Commonwealth may, by regulation,
17 provide for:
18 (1) The inclusion of additional reports and statements in
19 the computer data base, which shall be made available to the
20 public in accordance with subsection (d).
21 (2) The creation of data streams of contributor names,
22 contributions, expenditures or other information, which shall be
23 made available to the public in accordance with subsection (d).
24 Section 7. The Secretary of the Commonwealth shall
25 promulgate regulations necessary for the implementation of this
26 act.
27 Section 8. The provisions of this act are severable. If any
28 provision of this act or its application to any person or
29 circumstance is held invalid, the invalidity shall not affect
30 other provisions or applications of this act which can be given
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1 effect without the invalid provision or application.
2 Section 9. This act shall take effect as follows:
3 (1) The amendment or addition of sections 1639 and 1643
4 shall take effect January 1, 1999.
5 (2) The remainder of this act shall take effect in 60
6 days.
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