THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOSEPHS, FRANKEL, WAGNER, GOODMAN, HORNAMAN, SANTARSIERO, GIBBONS, CARROLL, KULA, D. COSTA, DePASQUALE, BRADFORD, FREEMAN AND BRIGGS, FEBRUARY 4, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 2011  

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," further defining "expenditure" and "political

action committee"; further providing for reporting by

candidate and political committees and other persons and for

annual reports; providing for limitations on certain

contributions; and further providing for late contributions

and independent expenditures, for late filing fee and

certificate of filing and for additional powers and duties of

the Secretary of the Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1621(d)(1) and (l) of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, amended or added October 4, 1978 (P.L.893, No.171) and

July 21, 1979 (P.L.189, No.63), are amended to read:

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

following words have the following meanings:

* * *

(d)  The word "expenditure" shall mean:

(1)  The payment, distribution, loan or advancement of money

or any valuable thing by a candidate, political committee or

other person for the purpose of influencing the outcome of an

election; however, the payment, distribution, loan or

advancement of money or any valuable thing must be made only for

legitimate and verifiable campaign expenses and not for any

inherently personal purpose. "Inherently personal purpose" means

a purpose that, by its nature, confers a personal benefit,

including a home mortgage, rent, utility payment, clothing

purchase, noncampaign automobile expense, country club

membership, vacation or a trip of a noncampaign nature,

household food items, tuition payments, admission to a sporting

event, concert, theater or other form of entertainment;

* * *

(l)  The words "Political Action Committee" shall mean any

political committee as defined in subsection (h) which receives

contributions and makes expenditures to, or on behalf of, any

candidate other than a candidate's own authorized political

[committees] committee or the political committees of any State,

county, city, borough, township, ward or other regularly

constituted party committee of any political party or political

body. A political action committee which is established,

maintained or controlled by a sponsoring organization, such as a

corporation, labor organization, membership association or trade

association, shall include in its registered name the full name

of its sponsoring organization.

* * *

Section 2.  Section 1626(a), (d) and (e) of the act, amended

or added October 4, 1978 (P.L.893, No.171), July 11, 1980

(P.L.600, No.128) and July 10, 1981 (P.L.256, No.84), are

amended and the section is amended by adding a subsection to

read:

Section 1626.  Reporting by Candidate and Political

Committees and other Persons.--

(a)  Each treasurer of a political committee and each

candidate for election to public office shall file with the

appropriate supervisor reports of receipts and expenditures on

forms, designed by the Secretary of the Commonwealth, if the

amount received or expended or liabilities incurred shall exceed

the sum of two hundred fifty dollars ($250). Should such an

amount not exceed two hundred fifty dollars ($250), then the

candidate or, in the case of a political committee, the

treasurer of the committee shall file a sworn statement to that

effect with the appropriate supervisor rather than the report

required by this section: Provided, however, That if the amount

received or expended by a candidate does not exceed two hundred

fifty dollars ($250) the candidate may comply with this section

by signing an affidavit to that effect on the candidate's

political committee's report or statement.

* * *

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

voted for by the electors of the State at large, candidates for

the office of Senator in the General Assembly, candidates for

the office of Representatives in the General Assembly and all

political committees, which have expended money for the purpose

of influencing the election of such [candidate] candidates,

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] an initial post-election

report not later than thirty (30) days after an election which

shall be complete as of twenty (20) days after the election and

a subsequent post-election report on January 31 of the year

after the election, which shall be complete as of December 31 of

the prior year. Candidates defeated in the primary election must

file the initial post-election report by the deadline specified

in this subsection and continue to file reports in accordance

with section 1627. In the case of a special election the initial 

post-election report shall be complete as of ten (10) days after

such special election.

* * *

(k)  All reports filed with the Secretary of the Commonwealth

shall be filed electronically in the manner prescribed by the

Secretary of the Commonwealth. All reports shall be accompanied

by the affidavit prescribed by section 1629. The Secretary of

the Commonwealth may require electronic submission of the

affidavit. Any candidate or political committee not able to file

the report or statement required by this section electronically

shall request an exemption from the Secretary of the

Commonwealth. The candidate or political committee upon approval

of the Secretary of the Commonwealth shall file reports and

statements on forms developed by the Secretary of the

Commonwealth.

Section 3.  Section 1627 of the act, amended July 11, 1980

(P.L.591, No.127) and July 11, 1980 (P.L.625, No.129), is

amended to read:

Section 1627.  [Annual Reports] Quarterly Reports;

Termination of Committees.--

(a)  All political committees and candidates[, including

those committees and candidates] not filing reports under

section 1626 (d) and (e)[,] 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.] quarterly reports. The reports shall

be filed on the fifteenth day following the last day of the

third, sixth, ninth and twelfth months of the year and shall be

complete as of the end of such months. Reports must be filed

until such time that there is no balance or debt in the report

of the candidate or political committee. The reports shall be

cumulative. A report must be filed even if there was no change

in the account since the last filing.

(a.1)  Each form designated by the Secretary of the

Commonwealth for filing a report required by section 1626 shall

contain a block which may be marked by the candidate or

political committee designating it a termination report or

statement. No candidate or political committee may terminate

unless the candidate or political committee has a zero balance.

No candidate or political committee may terminate by way of a

statement. In the case of quarterly reports, the report shall

cover the campaign activity of a candidate or political

committee from the last prior report or statement. Once

terminated, a political committee must comply with sections 1623

and 1624 before receiving contributions or making expenditures.

[(b)  Any political committee required to be registered under

this act and not reporting under section 1626 shall file an

annual report under this section. However, if a political

committee makes aggregate expenditures as defined in section

1621 in an amount less than two hundred fifty dollars ($250) or

incurs aggregate debt in an amount less than two hundred fifty

dollars ($250) during the calendar year to influence an

election, it need not file an annual report; provided that this

exception shall not be applicable to a candidate's political

committee or to a State or county committee of a political party

or political body or to a political action committee of a

corporation or unincorporated association.]

Section 4.  The act is amended by adding a section to read:

Section 1627.1.  Limitations on Certain Contributions.--

(a)  Aggregate contributions, including in-kind

contributions, from any person to any candidate for the office

of Senator or Representative in the General Assembly, court of

common pleas or a county or local office, or the candidate's

authorized political committee or agent, shall not exceed two

thousand dollars ($2,000) for each election. Furthermore, for

each election, no such candidate, or the candidate's authorized

political committee or agent, shall accept or receive more than

two thousand dollars ($2,000) in aggregate contributions,

including in-kind contributions from any person.

(b)  Aggregate contributions, including in-kind

contributions, from any person to any candidate for Statewide

office, or the candidate's authorized political committee or

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

election. Furthermore, for each election no candidate, or the

candidate's authorized political committee or agent, shall

accept or receive more than five thousand dollars ($5,000) in

aggregate contributions, including in-kind contributions from

any person.

(c)  Aggregate contributions, including in-kind

contributions, from a single political action committee, its

affiliate or agent or candidate's political committee, its

affiliate or agent, to any candidate for the office of Senator

or Representative in the General Assembly, court of common pleas

or a county or local office, or the candidate's authorized

political committee or agent, shall not exceed two thousand

dollars ($2,000) for each election. Furthermore, for each

election no candidate for such office, or the candidate's

authorized political committee or agent, shall accept or receive

more than two thousand dollars ($2,000) in aggregate

contributions, including in-kind contributions, from a single

political action committee or agent or candidate's political

committee.

(d)  Aggregate contributions, including in-kind

contributions, from a single political action committee, its

affiliate or agent or candidate's political committee to any

candidate for Statewide office, or the candidate's authorized

political committee or agent, shall not exceed ten thousand

dollars ($10,000) for each election. Furthermore, for each

election, no candidate, or the candidate's authorized political

committee or agent, shall accept or receive more than ten

thousand dollars ($10,000) in aggregate contributions, including

in-kind contributions, from a single political action committee,

its affiliate or agent or candidate's political committee.

(e)  Aggregate contributions, including in-kind

contributions, from a single political party committee, its

affiliate or agent to any candidate for the office of Senator or

Representative in the General Assembly, court of common pleas or

a county or local office, or the candidate's authorized

political committee or agent, shall not exceed five thousand

dollars ($5,000) per election. Furthermore, no candidate for the

office of Senator or Representative in the General Assembly,

court of common pleas or a county or local office, or the

candidate's authorized political committee or agent, shall

accept or receive more than five thousand dollars ($5,000) in

aggregate contributions from any single political party

committee, its affiliate or agent.

(f)  Aggregate contributions, including in-kind

contributions, from a single political party committee, its

affiliate or agent to any candidate for Statewide office, or the

candidate's authorized political committee or agent, shall not

exceed one hundred thousand dollars ($100,000) per election.

Furthermore, no candidate for Statewide office, or the

candidate's authorized political committee or agent, shall

accept or receive more than one hundred thousand dollars

($100,000) in aggregate contributions from any single political

party committee, its affiliate or agent.

(g)  Aggregate contributions, including in-kind

contributions, from a single political party committee, its

affiliate or agent to any political action committee, its

affiliate or agent or political party committee, its affiliate

or agent, or any other political committee, its affiliate or

agent, shall not exceed twenty thousand dollars ($20,000) per

election. Furthermore, no political action committee or

political committee shall accept or receive more than twenty

thousand dollars ($20,000) in aggregate contributions from any

single political party committee, its affiliate or agent.

(h)  Aggregate contributions, including in-kind

contributions, from any person or a single political action

committee, its affiliate or agent or any single candidate's

political committee, its affiliate or agent to a single

political action committee, its affiliate or agent shall not

exceed five thousand dollars ($5,000) during any calendar year.

Furthermore, for each election, no political action committee,

its affiliate or agent shall accept or receive more than five

thousand dollars ($5,000) in aggregate contributions, including

in-kind contributions, from a single political action committee,

its affiliate or agent during any calendar year.

(i)  Aggregate contributions, including in-kind

contributions, from any person, a single candidate's political

committee, its affiliate or agent or a single political action

committee, its affiliate or agent or any other political

committee to a single political party committee shall not exceed

twenty thousand dollars ($20,000) for each election.

Furthermore, no single political party committee shall accept or

receive more than twenty thousand dollars ($20,000) in aggregate

contributions from any single candidate's political committee or

agent or a single political action committee, its affiliate or

agent or any political committee.

(j)  No person shall make contributions, including in-kind

contributions, in accordance with this section aggregating more

than twenty-five thousand dollars ($25,000) for each election.

(k)  For the purposes of subsections (a), (b), (c), (d), (e),

(f), (g), (h), (i) and (j), a contribution given to a

candidate's authorized political committee is the same as

contributing to the candidate.

(l)  For purposes of this section, any contribution made to a

candidate in a year other than the calendar year in which the

election is held with respect to which such contribution is made

is considered to be made for the next election to be held.

(m)  The provisions of this section shall be applicable to a

contribution made for the purpose of influencing any election to

all public offices of this Commonwealth except Federal offices.

(n)  Notwithstanding any other provision of law, all

contributions made by political committees established or

financed or maintained or controlled by any corporation, labor

organization or any other person, including any parent,

subsidiary, branch, division, department or local unit of the

corporation, labor organization, or any person, or by any group

of persons, shall be considered to have been made by a single

political committee, except that nothing in this subsection

shall prohibit transfers between political committees of funds

raised through joint fundraising efforts.

(o)  Nothing in this section shall prohibit a municipality,

including a city of the first class, from instituting lower

limitations on contributions to candidates for local offices.

(p)  The dollar limits provided under this section shall be

adjusted annually at a rate equal to the average percentage

change in the Consumer Price Index for All Urban Consumers for

the Pennsylvania, New Jersey, Delaware and Maryland area as

published by the Bureau of Labor Statistics of the United States

Department of Labor, or any successor agency, occurring in the

prior calendar year. The base year shall be 2011. The average

shall be calculated and certified annually by the Secretary of

the Commonwealth by adding the percentage increase in each of

the three areas and dividing by three. The calculation and

resulting new figures shall be submitted for publication in a

March issue of the Pennsylvania Bulletin.

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) or more,

and any person making an independent expenditure, as defined by

this act, of five hundred dollars ($500) 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, except that if such report is to be

filed with the Secretary of the Commonwealth it shall be filed

electronically in a manner prescribed by the Secretary of the

Commonwealth. 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.  Section 1632(a) and (b) of the act, amended or

added October 4, 1978 (P.L.893, No.171) and July 11, 1980

(P.L.591, No.127), are amended to read:

Section 1632.  Late Filing Fee; Certificate of Filing.--

(a)  A late filing fee for each report or statement of

expenditures and contributions which is not filed within the

prescribed period shall be imposed as follows. Such fee shall be

[ten dollars ($10)] twenty dollars ($20) for each day or part of

a day excluding Saturdays, Sundays and holidays that a report is

overdue for the first ten (10) days. An additional fee of [ten

dollars ($10)] fifty dollars ($50) is due for each [of the first

six (6) days] additional day that a report is overdue after the

initial ten-day period. The maximum fee payable with respect to

a single report is [two hundred fifty dollars ($250)] one

thousand dollars ($1,000). A supervisor shall receive an overdue

report or statement even if any late filing fee due has not been

paid but the report or statement shall not be considered filed

until all fees have been paid upon the receipt by the supervisor

of an overdue report. No further late filing fees shall be

incurred notwithstanding the fact that the report or statement

is not considered filed. The late filing fee is the personal

liability of the candidate or treasurer of a political committee

and cannot be paid from contributions to the candidate or

committee, nor may such fee be considered an expenditure. A

report or statement of expenditures and contributions shall be

deemed to have been filed within the prescribed time if the

letter transmitting the report or statement which is received by

the supervisor is transmitted by first class mail and is

postmarked by the United States Postal Service on the day prior

to the final day on which the report or statement is to be

received: Provided, That this sentence shall not be applicable

to the reporting requirements contained in section 1628.

(b)  No person may be a candidate for a public office until

all reports and statements of contributions and expenditures

required to be filed by such person if the person was previously

a candidate for public office and any treasurer of any committee

authorized by such person for the previous candidacy have been

filed and all fines paid. No person shall be deemed elected to a

public office under the laws of this Commonwealth or enter upon

the duties thereof, or receive any salary or emoluments

therefrom until all of the reports and statements of

contributions and expenditures required to be filed by any

candidate and treasurers of committees authorized by such

candidate and due before the person may take office, have been

filed. No candidate may be sworn in until the appropriate

supervisor certifies that all required reports have been filed,

and no official of the Commonwealth or any of its political

subdivisions may issue a commission or administer an oath of

office until that official has received this certification. No

certification shall be issued until the supervisor has received

post election reports of any candidate and treasurer of

committees authorized by such candidate.

* * *

Section 7.  Section 1640 of the act, added October 4, 1978

(P.L.893, No.171), is amended to read:

Section 1640.  Additional Powers and Duties of the Secretary

of the Commonwealth.--

(a)  The Secretary of the Commonwealth shall have the

following additional powers and duties:

(1)  To serve as the State clearing house for information

concerning the administration of this act.

(2)  To prescribe suitable rules and regulations to carry out

the provisions of this act.

(3)  To develop the prescribed forms required by the

provisions of this article for the making of the reports and

statements required to be filed with the supervisor.

(4)  To prepare a manual setting forth recommended uniform

methods of bookkeeping and reporting which shall be furnished by

the supervisor to the person required to file such reports and

statements as required by this article.

(5)  To examine the contributions to State legislative and

Statewide candidates and publish a list of all those political

committees who have contributed to candidates and who have

failed to file reports as required by this act within six (6)

days of their failure to comply.

(6)  To develop a computer database and electronic reporting

system that shall contain all information necessary for the

proper administration of this article, including information on

contributions and expenditures by all candidates and all

political committees and distribution of moneys, and including

direct access through personal computer and the Internet. The

database shall be designed with an emergency recovery system to

ensure that campaign expense records are not lost in the case of

an emergency, natural disaster or other such event that could

cause the system to malfunction.

(7)  To establish a training program on the electronic

reporting system and make it available to any candidate or

committee.

(8)  To make the electronic reporting process available to a

candidate or committee that is required to file reports and

statements in accordance with this act on self-executing

computer diskettes and make available materials to facilitate

the task of compliance with the disclosure and recordkeeping

requirements of this article.

(b)  The Secretary of the Commonwealth may not require the

public to provide any information or identification as a

condition to access the database on the Internet unless the

public access is in the office of the Secretary of the

Commonwealth.

Section 8.  This act shall take effect January 1, 2012.