PRINTER'S NO. 302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
389
Session of
2015
INTRODUCED BY PILEGGI, AUMENT, BAKER, BLAKE, COSTA, FARNESE,
FONTANA, RAFFERTY, SCHWANK, SMITH, SMUCKER, TARTAGLIONE,
TEPLITZ, VOGEL, WARD, WHITE, WILLIAMS, YAW, YUDICHAK, ALLOWAY
AND BROWNE, FEBRUARY 3, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 3, 2015
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 registration, providing for reports required,
further providing for late contributions and independent
expenditures, providing for manner of filing and for
inability to file reports or statements electronically by
deadline, and further providing for late filing fee and
certificate of filing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1624(b) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
added October 4, 1978 (P.L.893, No.171), is amended to read:
Section 1624. Registration.--
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(b) Each registration statement shall contain the following
information:
(1) The name, addresses and phone numbers of the political
committee.
(2) The name, address and phone number of the committee's
treasurer.
(3) The name, address and phone number of the committee's
chairman.
(4) The names, addresses and relationships of other
affiliated or connected organizations.
(5) The candidates, if any, and their names and addresses.
(6) The ballot question, if any, which the committee intends
to support or oppose.
(7) The banks, safety deposit boxes or other repositories
and their addresses used by the committee.
(8) The proposed period of operation of the committee.
(9) The Internet website address if the Internet website is
used to solicit and receive campaign contributions.
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Section 2. The act is amended by adding a section to read:
Section 1626.2. Reports Required .--Any political committee
or candidate who receives contributions in an aggregate amount
of ten thousand dollars ($10,000) in a calendar year or incurs
expenditures of ten thousand dollars ($10,000) in a calendar
year shall file the reports required under sections 1626, 1627
and 1630 with the Secretary of the Commonwealth in each of the
reporting cycles for the remainder of the calendar year and in
the following calendar year.
Section 2.1. Section 1628 of the act, amended February 13,
1998 (P.L.72, No.18), is amended to read:
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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] A report filed with the Secretary of the Commonwealth
shall be filed electronically. Other reports 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, except a
candidate required to file with the Secretary of the
Commonwealth, may also comply with this section by appearing
personally before such supervisor and reporting such late
contributions or pledges.
Section 2.2. The act is amended by adding sections to read:
Section 1631.1. Manner of Filing.--
(a) Beginning February 1, 2016, all required campaign
finance reports and statements shall be filed electronically
with the Secretary of the Commonwealth.
(b) A campaign finance report or statement filed
electronically shall:
(1) be made under oath or equivalent affirmation and subject
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to the penalties for perjury;
(2) include the electronic signature of the treasurer or
assistant treasurer of the political committee serving at the
time of the filing of the campaign finance report or statement;
and
(3) for a report or statement filed by a political committee
authorized by a candidate and created solely for the purpose of
influencing an election on behalf of that candidate, include the
electronic signature of the candidate, made under oath or
equivalent affirmation stating that, to the best of the
candidate's knowledge, the political committee has not violated
a provision of this act.
Section 1631.2. Inability to File Reports or Statements
Electronically by Deadline.--
(a) For reports or statements filed under section 1631.1, if
a candidate or political committee cannot file a report or
statement between five o'clock P.M. and midnight on the day a
report or statement is due because of the unavailability of the
Department of State's electronic filing system at the time the
candidate or political committee attempts to file the report or
statement, the candidate, committee treasurer or assistant
treasurer shall immediately notify the department. The candidate
or political committee has until twelve o'clock noon on the day
following the deadline to file the report or statement
electronically. Additionally, the candidate or committee
treasurer will be required to file a statement affirming that
the candidate, committee treasurer or assistant treasurer was
unable to file the report or statement on time because of the
unavailability of the Department of State's electronic filing
system at the time the candidate, treasurer or assistant
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treasurer attempted to file the report or statement. The
affirmation statement is due at the same time as the statement
or report filed under this subsection. The report or statement
shall not be considered filed until the affirmation statement is
filed.
(b) If a candidate or political committee is unable to file
as required by subsection (a) because the Department of State's
electronic filing system remains unavailable, the candidate,
committee treasurer or assistant treasurer shall notify the
department each day a report or statement cannot be filed due to
the unavailability of the department's electronic filing system.
The candidate or political committee has until twelve o'clock
noon the following day to electronically file the report or
statement, or again to notify the Department of State of the
inaccessibility of the department's electronic filing system.
The candidate, committee treasurer or assistant treasurer is
required to file a statement affirming that the candidate or
committee treasurer was unable to file the report or statement
on time because of the unavailability of the Department of
State's electronic filing system. The affirmation statement is
due at the same time as the statement or report filed under this
subsection. The report or statement may not be considered filed
until the affirmation statement is filed.
(c) For cause shown, the Secretary of the Commonwealth may
waive late filing fees for reports or statements filed as
required under this section.
(d) The words "unavailability of the Department of State's
electronic filing system" shall mean a failure of the system
within the Department of State's technical environment that does
not allow access to the system by an individual. The term shall
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not include:
(1) a network issue between the user's computer and the
Department of State's environment; or
(2) a part of the user's computer or internal network.
Section 3. Section 1632(a) of the act, amended July 11, 1980
(P.L.591, No.127), is 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-five dollars ($25) for each day or
part of a day excluding Saturdays, Sundays and holidays that a
report is overdue. An additional fee of [ten dollars ($10)]
twenty-five dollars ($25) is due for each of the first [six (6)]
five (5) days that a report is overdue. The maximum fee payable
with respect to a single report is [two hundred fifty dollars
($250)] five hundred dollars ($500). 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
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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.
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Section 4. This act shall take effect in 60 days.
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