THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SHAPIRO, JOSEPHS, BRIGGS, CARROLL, CREIGHTON, DEASY, DePASQUALE, DeWEESE, FRANKEL, FREEMAN AND GIBBONS, DECEMBER 18, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 18, 2009  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in primary and election expenses, further

providing for definitions; providing for limitations on

contributions; further providing for reporting by candidate

and political committees and other persons, for annual

reports by political committees and candidates and for late

contributions and independent expenditures; and providing for

restrictions on contributions by certain contracting parties

and for voters' right to disclosure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1621 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended by adding subsections to read:

Section 1621.  Definitions.--As used in this article, the

following words have the following meanings:

* * *

(n)  The words "communications medium" include, but are not

limited to, a newspaper, magazine, book, newsletter, billboard,

telephone, radio, television, recording, computer software,

digital communications network, transit ad, audiovisual work or

global communication network.

(o)  The words "name" or "likeness" shall mean any attribute

of a candidate that serves to identify that candidate to an

ordinary, reasonable viewer or listener, including, but not

limited to, name, signature, photograph, image, likeness, voice

or a substantially similar imitation of one or more thereof.

Section 2.  The act is amended by adding a section to read:

Section 1625.1.  Limitations on Contributions.--

(a)  (1)  An individual's aggregate contributions to a

candidate or a candidate's political committee shall not exceed

two thousand four hundred dollars ($2,400) for each election.

(2)  An individual's aggregate contributions to a candidate

shall not exceed an amount equal to the limit under paragraph

(1) multiplied by three for each election whenever at least one

of the candidates makes a contribution or expenditure of at

least two hundred fifty thousand dollars ($250,000) of his own

funds to finance his campaign.

(b)  (1)  A political action committee's aggregate

contributions to a candidate or a candidate's political

committee shall not exceed five thousand dollars ($5,000) for

each election.

(2)  A political action committee's aggregate contributions

to a candidate or a candidate's political committee shall not

exceed an amount equal to the limit under paragraph (1)

multiplied by three for each election whenever at least one of

the candidates expends at least two hundred fifty thousand

dollars ($250,000) of his own funds to finance his campaign.

(c)  Aggregate contributions include the value of in-kind

contributions.

(d)  The limitation on contributions shall be applied

separately to each primary election, general election or special

election.

(e)  (1)  The Secretary of the Commonwealth shall adjust the

limitation on contributions by individuals under subsection (a)

for inflation in each odd-numbered year beginning with the first

odd-numbered year after the end of the year during which this

section takes effect. The adjustment shall be equal to the

adjustment applicable to contributions made by individuals to

candidates for Federal office under section 315(a)(1)(A) of the

Federal Election Campaign Act of 1971 (Public Law 92-225, 2

U.S.C. § 441a(a)(1)(A)).

(2)  Each adjustment shall remain in effect for the two-year

period beginning the first day following the date of the general

election in the even-numbered year preceding the adjustment and

ending on the date of the general election in the even-numbered

year following the adjustment.

(3)  The secretary shall publish the adjustment as a notice

in the Pennsylvania Bulletin.

Section 3.  Section 1626(d), (e) and (i) of the act, amended

or added July 21, 1979 (P.L.189, No.63), July 11, 1980 (P.L.600,

No.128) and July 10, 1981 (P.L.256, No.84), are amended to read:

Section 1626.  Reporting by Candidate and Political

Committees and other Persons.--

* * *

(d)  Pre-election reports by all candidates [for offices to

be voted for by the electors of the State at large] and all

political committees, which have [expended money] received

contributions or made expenditures for the purpose of

influencing [the election of such candidate] an election, shall

be filed not later than the sixth Tuesday before and the second

Friday before an election, provided that the initial pre-

election report shall be complete as of fifty (50) days prior to

the election and the subsequent pre-election report shall be

complete as of fifteen (15) days prior to the election. Pre-

election reports by all other candidates and political

committees which have received contributions or made

expenditures for the purpose of influencing an election shall be

filed not later than the second Friday before an election,

provided that such report be complete as of fifteen (15) days

prior to the election.

(e)  All candidates or political committees, required to file

under this section, shall also file a post-election report not

later than thirty (30) days after an election which shall be

complete as of twenty (20) days after the election. [In the case

of a special election the post-election report shall be complete

as of ten (10) days after such special election.]

* * *

(i)  (1)  An expenditure from a candidate's political

committee to another political committee shall be reported as a

contribution by the political committee receiving the

contribution but need not be reported by the contributing

candidate's political committee until the time required by law

for that candidate's political committee to report[: Provided,

however, That if].

(2)  If the amount of the contribution exceeds two hundred

fifty dollars ($250) to a single political committee or one

thousand dollars ($1,000) in aggregate contributions to more

than one political committee for any primary, general or special

election, then receipts and expenditures shall be reported by

the contributing committee at the same time as required by law

for the committee receiving same[.], except that this clause

shall not apply to a political committee reporting under section

1627(a)(1).

* * *

Section 4.  Section 1627 heading and subsection (a) of the

act, amended July 11, 1980 (P.L.591, No.127), are amended to

read:

Section 1627.  Quarterly and Annual Reports.--

(a)  (1)  Each candidate's political committee shall file

quarterly reports on January 31, April 15, July 15 and October

15 of each year. Each report shall be complete as of the last

day of the previous month. Such reports shall be filed quarterly

at this time until there is no balance or debt in the report of

the candidate's political committee. Such reports shall be

cumulative. However, if there has been no change in the account,

then the candidate's political committee shall file a statement

to that effect with the appropriate supervisor. Each form

designated by the Secretary of the Commonwealth for filing a

report or statement required by section 1626(e) shall contain a

block which may be marked by the candidate's political committee

designating it a termination report or statement. However, no

candidate's political committee may terminate by way of a

statement where the unpaid balance indicated in the previous

report was greater than two hundred fifty dollars ($250). Each

quarterly report shall cover the campaign activity of a

candidate's political committee from the last prior report or

statement.

(2)  All political committees and candidates, including those

committees and candidates filing reports under section 1626 (d)

and (e), except those filing quarterly reports or statements

under clause (1), shall file a report on January 31 of each year

which shall be complete as of December 31 of the prior year.

Such reports shall be filed annually at this time until there is

no balance or debt in the report of the candidate or political

committee. Such reports shall be cumulative. However, if there

has been no change in the account, then the candidate or

political committee shall file a statement to that effect with

the appropriate supervisor. Each form designated by the

Secretary of the Commonwealth for filing a report or statement

required by section 1626(e) shall contain a block which may be

marked by the candidate or political committee designating it a

termination report or statement. If such report or statement is

so designated, or if an authorized candidate elects to file no

report or statement pursuant to section 1626.1, no annual report

need be filed under this section unless contributions were

received or expenditures made subsequent to the time period for

filing of such termination report. However, no candidate or

political committee may terminate by way of a statement where

the unpaid balance indicated in the previous report was greater

than two hundred fifty dollars ($250). In the case of annual

reports said report shall cover the campaign activity of a

candidate or political committee from the last prior report or

statement.

* * *

Section 5.  Section 1628 of the act, amended February 13,

1998 (P.L.72, No.18), is amended to read:

Section 1628.  Late Contributions and Independent

Expenditures.--Any candidate or political committee, authorized

by a candidate and created solely for the purpose of influencing

an election on behalf of that candidate, which receives any

contribution or pledge of [five hundred dollars ($500)] two

hundred fifty dollars ($250) or more, and any person making an

independent expenditure, as defined by this act, of [five

hundred dollars ($500)] two hundred fifty dollars ($250) or more

after the final pre-election report has been deemed completed

shall report such contribution, pledge or expenditure to the

appropriate supervisor. Such report shall be sent by the

candidate, chairman or treasurer of the political committee

within twenty-four (24) hours of receipt of the contribution. It

shall be the duty of the supervisor to confirm the substance of

such report. The report shall be made by telegram, mailgram,

overnight mail or facsimile transmission. Any candidate in his

own behalf, or chairman, treasurer or candidate in behalf of the

political committee may also comply with this section by

appearing personally before such supervisor and reporting such

late contributions or pledges.

Section 6.  The act is amended by adding sections to read:

Section 1634.2.  Restrictions on Contributions by Certain

Contracting Parties.--No public official or employe of the

executive, legislative or judicial branch of the Commonwealth

shall award a contract permitted to be awarded without

competitive bids to any company, firm or individual if an

officer, director, controlling shareholder, partner or executive

employe of the contracting company or firm or the contracting

individual makes any contribution to the officeholder or

candidate for the office that authorizes that contract. This

contribution prohibition shall also apply to the spouse and

dependent children of the executive employe or individual as

well as to any political action committee controlled by the

contracting company, firm or individual.

Section 1638.1.  Voters' Right to Disclosure.--All parties to

any contract, whether written or unwritten, to intentionally or

knowingly use the name or likeness of a candidate in a

communications medium broadcasted, displayed, distributed or

otherwise disseminated to members of the general public in this

Commonwealth thirty (30) or fewer days prior to an election

shall be subject to the provisions of this act applicable to a

political action committee unless one or more of the parties to

the contract is a candidate or a political committee.

Section 7.  This act shall take effect January 1, 2011.