THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, CALTAGIRONE, D. COSTA, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GIBBONS, GOODMAN, HARHAI, HORNAMAN, JOSEPHS, KORTZ, KULA, MURT, M. O'BRIEN, PAYTON, SANTARSIERO AND WAGNER, MARCH 21, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 21, 2011  

AN ACT

Providing for the disclosure and reporting of independent

expenditures for certain political communication and for a

penalty.

The General Assembly finds and declares as follows:

(1)  The timely disclosure of the person that pays for a

communication to the citizens of this Commonwealth that

attempts to influence the outcome of an election is essential

to maintaining the integrity of the electoral process.

(2)  The General Assembly has a compelling interest in

ensuring that the citizens of this Commonwealth know who pays

for communication that attempts to influence the outcome of

an election.

(3)  The use of an individual's name or likeness in a

communication that is made in close proximity to an election

is presumed to attempt to influence the outcome of the

election, regardless of whether the communication explicitly

advocates for or against the individual.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Political

Communication Disclosure and Reporting Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Candidate."  An individual who seeks nomination, election or

re-election to elective office. An individual shall be deemed to

be seeking nomination, election or re-election if he has done

either of the following:

(1)  Received a contribution or made an expenditure or

has given his consent for any other person or committee to

receive a contribution or make an expenditure for the purpose

of influencing his nomination, election or re-election to

elective office, whether or not the individual has made known

the specific office for which he will seek nomination,

election or re-election at the time the contribution is

received or the expenditure is made.

(2)  Taken the action necessary under the laws of this

Commonwealth to qualify himself for nomination, election or

re-election to elective office.

"Communications medium."  The term includes a newspaper,

magazine, book, newsletter, pamphlet, circular, flyer, brochure,

letter, billboard, telephone, radio, television, recording,

computer software, transit ad, audiovisual work or global

communications network, including a social media network.

"Contribution."  The term shall have the meaning given to it

under section 1621 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code.

"Department."  The Department of State of the Commonwealth.

"Election."  A general, special, municipal or primary

election. The term shall include any election at which a

question appears on the ballot.

"Election Code."  The act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

"Elective office."  A position in a governmental body to

which an individual is required under the Constitution of

Pennsylvania or by State law to be elected by the public.

"Governmental body."  The executive, legislative or judicial

branch of the Commonwealth or a political subdivision of the

Commonwealth.

"Independent expenditure."  Any of the following:

(1)  An expenditure made for a political communication

which was not approved, authorized, requested or suggested by

the candidate referred to, pictured or mentioned in the

communication, the candidate's political committee or a

representative of a candidate or the candidate's political

committee.

(2)  An expenditure made for a political communication

that promotes the success or defeat of a ballot question. 

"Name" or "likeness."  Any attribute of an individual that

serves to identify the individual to an ordinary, reasonable

viewer or listener, including name, signature, photograph, image

or voice or a substantially similar imitation of one or more of

those attributes.

"Political committee."  The term shall have the meaning given

to it in section 1621 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code.

"Political communication."  A message disseminated through a

communications medium which expressly advocates for or against

the election of a clearly identified candidate or the success or

defeat of a ballot question. A message disseminated through a

communications medium within 60 days prior to an election that

includes the name or likeness of a candidate shall be presumed

to be a political communication, whether or not it expressly

advocates for or against the election of a clearly identified

candidate and whether or not it was approved, authorized,

requested or suggested by the candidate, the candidate's

political committee or a representative of the candidate or the

candidate's committee. The term shall not include the following:

(1)  A story, commentary or editorial published by a news

outlet regularly available to the public, regardless of the

communications medium used, unless the outlet is owned or

controlled by any of the following:

(i)  A candidate, the candidate's political committee

or a representative of the candidate or the candidate's

political committee.

(ii)  A political committee formed to promote the

success or defeat of a ballot question or a

representative of such political committee.

(iii)  A political organization.

(2)  A candidate debate or a candidate forum.

(3)  A communication that costs less than $1,000.

"Political organization."  An organization not recognized as

a political party or political body under the act of June 3,

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

Code.

"Sponsor."  A person who pays for a political communication.

Section 3.  Registration requirements.

No political communication shall be disseminated in this

Commonwealth that is paid for or intended to be paid for by an

independent expenditure until the sponsor of the political

communication registers with the department on a form and in a

manner prescribed by the department.  

Section 4.  Disclosure and reporting of independent

expenditures.

(a)  Disclosure requirements.--A political communication that

is paid for by an independent expenditure shall clearly state

the name of the sponsor and the person who published or

distributed the political communication and shall clearly and

conspicuously state that the communication is not authorized by

or made in concert with or requested by the candidate mentioned,

pictured or referred to in the communication, the candidate's

political committee or by a representative of the candidate or

the candidate's political committee.

(b)  Reporting requirements.--A person required to register

under section 3 shall file all reports of receipts and

expenditures required of political committees under the Election

Code. Notwithstanding any provision of the Election Code to the

contrary, an independent expenditure made for a political

communication after the final pre-election report is filed shall

be reported to the department within 24 hours following the

making of the independent expenditure. The report may be filed

via electronic mail or in the same form and manner required for

the reporting of late contributions and independent expenditures

by a candidate or a candidate's political committee under

section 1628 of the Election Code.

(c)  Content of report.--In addition to any other

requirements of the Election Code, the report required under

subsection (b) shall include all of the following:

(1)  The name and address of the person filing the

report.

(2)  The name and address of the sponsor.

(3)  The name of the person making the independent

expenditure, if not the sponsor.

(4)  The amount of the independent expenditure.

(5)  The name and address of the person or entity

receiving the payment of the independent expenditure and the

date of the payment.

(6)  The name and address of any person making a

contribution of $100 or more for the independent expenditure

or the provision of goods or services for such expenditure.

(7)  The date the political communication was first

published, broadcast, transmitted, mailed, erected or

otherwise distributed.

(8)  The election to which the independent expenditure

pertains.

(9)  The name of each candidate identified in the

political communication, the office sought by each candidate

and the amount of the independent expenditure attributable to

each candidate.

(10)  If the political communication references a ballot

question, a description of the ballot question.

(11)  Any other information required by the department.

(d)  Copy of materials.--If requested by the department, the

sponsor shall provide the department with a copy of all

materials related to the independent expenditure, including

broadcast, cable or satellite schedules or scripts,

advertisements, pamphlets, circulars, flyers, brochures,

letterheads and other printed materials or matter.

(e)  Failure to file report.--A person who fails to file a

report in accordance with this section commits a misdemeanor

and, upon conviction, may be sentenced to pay a fine of not more

than $5,000, or to undergo imprisonment for not less than one

month or more than two years, or both.

Section 20.  Effective date.

This act shall take effect in 60 days.