Regular Session 2017-2018 House Bill 0859 P.N. 0965

PRINTER'S NO. 965

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

859

Session of

2017

INTRODUCED BY M. K. KELLER, BRIGGS, BLOOM, CARROLL, D. COSTA,

COX, DELOZIER, DIAMOND, DUNBAR, EVERETT, FITZGERALD,

A. HARRIS, PHILLIPS-HILL, JAMES, W. KELLER, MACKENZIE,

MARSICO, MOUL, NEILSON, O'BRIEN, READSHAW, REESE,

SCHLOSSBERG, SCHWEYER, SIMMONS, SOLOMON, TAYLOR, WARD AND

WHEELAND, MARCH 16, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 2017

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 reporting by candidate and political committees

and other persons, for late contributions and independent

expenditures, for place 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 1626 of the act of June 3, 1937

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

amended by adding a subsection to read:

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

(k) (1) All campaign finance reports required to be filed

with the Secretary of the Commonwealth shall be filed

electronically using the electronic filing system developed by

the Secretary of the Commonwealth that is consistent with the

purposes of this subsection. A campaign finance report submitted

electronically shall:

(i) be made under oath or equivalent affirmation;

(ii) require an electronic signature from the treasurer or

assistant treasurer at the time of the filing of the campaign

finance report. In addition, a report filed by a political

committee, authorized by a candidate and created solely for the

purpose of influencing an election on behalf of that candidate

must be signed, using an electronic signature, under oath or

equivalent affirmation by the candidate that, to the best of the

candidate's knowledge, the political committee has not violated

any provision of this act; and

(iii) be made subject to the penalties for perjury.

(2) A candidate or political committee not able to file

electronically the report or statement required by this

subsection 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 2. Sections 1628, 1631 and 1640 of the act are

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

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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 filed electronically in a manner prescribed by

the Secretary of the Commonwealth. 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 1631. Place of Filing.--

Any statement or report required by this article to be filed,

shall be done in the following manner:

(1) (i) Any candidate, individual, or committee required to

file a report concerning any candidate shall file that statement

or report in the office of the supervisor with whom the

candidate filed a nomination paper, nomination certificate,

nomination petitions or with the supervisor with whom the

candidate would have filed such if he had sought nomination in

that manner.

[(ii) All candidates and political committees, authorized by

candidates and created solely for the purpose of influencing the

election of such candidates, who must file reports with the

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Secretary of the Commonwealth, shall also file copies of their

reports in the county in which the candidate resides.]

(2) (i) Any statement or report concerning an issue to be

voted on by the electors of the State at large shall be filed

with the Secretary of the Commonwealth.

(ii) Any statement or report concerning any other issue to

be voted on by the electors of this Commonwealth shall be filed

in the county wherein the electors reside.

(3) However, if any report of any political committee

concerns both candidates who file for nomination with the

Secretary of the Commonwealth and candidates who file with a

county board of elections, then such report shall be filed with

the Secretary of the Commonwealth.

Section 1640. Additional Powers and Duties of the Secretary

of the Commonwealth.--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

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

days of their failure to comply.

(6) To maintain a searchable 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 public access through a 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 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 cause all information contained in such a statement

filed with the Secretary of the Commonwealth, which is not on

the electronic reporting system, to be entered into the system

as soon as practicable, but not later than four (4) business

days after its receipt by the Secretary of the Commonwealth.

(9) The department shall issue to the registrant an

electronic receipt that includes a confirmation number and the

date and time of filing.

Section 3. This act shall take effect in 60 days.

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