AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in primary and election expenses, further
12providing for registration; and providing for monthly
13reporting and, for manner of filing <-and for inability to file 
14reports or statements electronically by deadline; and further 
15providing for late filing fee and certificate of filing.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Section 1624(b) of the act of June 3, 1937
19(P.L.1333, No.320), known as the Pennsylvania Election Code,
20added October 4, 1978 (P.L.893, No.171), is amended to read:

21Section 1624. Registration.--

22* * *

1(b) Each registration statement shall contain the following
2information:

3(1) The name, addresses and phone numbers of the political
4committee.

5(2) The name, address and phone number of the committee's
6treasurer.

7(3) The name, address and phone number of the committee's
8chairman.

9(4) The names, addresses and relationships of other
10affiliated or connected organizations.

11(5) The candidates, if any, and their names and addresses.

12(6) The ballot question, if any, which the committee intends
13to support or oppose.

14(7) The banks, safety deposit boxes or other repositories
15and their addresses used by the committee.

16(8) The proposed period of operation of the committee.

17(9) The Internet website address if the Internet website is
18used to solicit and receive campaign contributions.

19* * *

20Section 2. The act is amended by adding sections to read:

21Section 1626.2. Monthly Reporting.--Any political committee
22or candidate who receives contributions in an aggregate amount
23of ten one hundred thousand dollars <-($10,000) ($100,000) in a
24calendar month year or incurs expenditures of <-ten one hundred
25thousand dollars ($10,000) ($100,000) in a calendar <-month year
26shall file <-a report within thirty (30) days of the last day of
27that month <-the reports required under sections 1626, 1627 and
281630 with the Secretary of the Commonwealth <-in each of the
29cycles in the following calendar year.

<-30Section 1631.1. Manner of Filing.--All Statewide candidates

1and candidates for Senator or Representative in the General
2Assembly shall file all their reports electronically with the
3Secretary of the Commonwealth.

<-4Section 1631.1. Manner of Filing.--

5(a) All required campaign finance reports shall be filed
6electronically with the Secretary of the Commonwealth.

7(b) A campaign finance report filed electronically shall:

8(1) be made under oath or equivalent affirmation and subject
9to the penalties for perjury;

10(2) include the electronic signature of the treasurer or
11assistant treasurer of the political committee serving at the
12time of the filing of the campaign finance report; and

13(3) for a report filed by a political committee authorized
14by a candidate and created solely for the purpose of influencing
15an election on behalf of that candidate, include the electronic
16signature of the candidate, made under oath or equivalent
17affirmation stating that, to the best of the candidate's
18knowledge, the political committee has not violated a provision
19of this act.

20Section 1631.2. Inability to File Reports or Statements
21Electronically by Deadline.--

22(a) For reports or statements filed under section 1631.1, if
23a candidate or political committee cannot file a report between
24five o'clock P.M. And midnight on the day a report or statement
25is due because of the unavailability of the Department of
26State's electronic filing system at the time the candidate or
27political committee attempts to file the report, the candidate,
28committee treasurer or assistant treasurer shall immediately
29notify the department. The candidate or political committee
30would then have until twelve o'clock noon on the day following

1the deadline to file the report or statement electronically.
2Additionally, the candidate or committee treasurer will be
3required to file a statement affirming that the candidate,
4committee treasurer or assistant treasurer was unable to file
5the report on time because of the unavailability of the
6Department of State's electronic filing system at the time the
7candidate, treasurer or assistant treasurer attempted to file
8the report. The affirmation statement is due at the same time as
9the statement or report filed under this subsection. The report
10or statement shall not be considered filed until the affirmation
11statement is filed.

12(b) If a candidate or political committee is unable to file
13as required by subsection (a) because the Department of State's
14electronic filing system remains unavailable, the candidate,
15committee treasurer or assistant treasurer shall notify the
16department each day a report cannot be filed due to the
17unavailability of the department's electronic filing system. The
18candidate or political committee has until twelve o'clock noon
19the following day to electronically file the report, or again to
20notify the Department of State of the inaccessibility of the
21department's electronic filing system. The candidate, committee
22treasurer or assistant treasurer is required to file a statement
23affirming that the candidate or committee treasurer was unable
24to file the report on time because of the unavailability of the
25Department of State's electronic filing system. The affirmation
26statement is due at the same time as the statement or report
27filed under this subsection. The report or statement may not be
28considered filed until the affirmation statement is filed.

29(c) For cause shown, the Secretary of the Commonwealth may
30waive late filing fees for reports or statements filed as

1required under this section.

2(d) The words "unavailability of the Department of State's
3electronic filing system" shall mean a failure of the system
4within the Department of State's technical environment that does
5not allow access to the system by an individual. The term does
6not include:

7(1) a network issue between the user's computer and the
8Department of State's environment; or

9(2) any part of the user's computer or internal network.

10Section 3. Section 1632(a) of the act, amended July 11, 1980
11(P.L.591, No.127), is amended to read:

12Section 1632. Late Filing Fee; Certificate of Filing.--

13(a) A late filing fee for each report or statement of
14expenditures and contributions which is not filed within the
15prescribed period shall be imposed as follows. Such fee shall be
16[ten dollars ($10)] twenty-five dollars ($25) for each day or
17part of a day excluding Saturdays, Sundays and holidays that a
18report is overdue. An additional fee of [ten dollars ($10)]
19twenty-five dollars ($25) is due for each of the first [six (6)]
20five (5) days that a report is overdue. The maximum fee payable
21with respect to a single report is [two hundred fifty dollars
22($250)] five hundred dollars ($500). A supervisor shall receive
23an overdue report or statement even if any late filing fee due
24has not been paid but the report or statement shall not be
25considered filed until all fees have been paid upon the receipt
26by the supervisor of an overdue report. No further late filing
27fees shall be incurred notwithstanding the fact that the report
28or statement is not considered filed. The late filing fee is the
29personal liability of the candidate or treasurer of a political
30committee and cannot be paid from contributions to the candidate

1or committee, nor may such fee be considered an expenditure. A
2report or statement of expenditures and contributions shall be
3deemed to have been filed within the prescribed time if the
4letter transmitting the report or statement which is received by
5the supervisor is transmitted by first class mail and is
6postmarked by the United States Postal Service on the day prior
7to the final day on which the report or statement is to be
8received: Provided, That this sentence shall not be applicable
9to the reporting requirements contained in section 1628.

10* * *

11Section <-3 4. This act shall take effect in 60 days.