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PRINTER'S NO. 1135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
978
Session of
2017
INTRODUCED BY MASSER, MILLARD, WARD AND D. COSTA, MARCH 27, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 27, 2017
AN ACT
Amending the act of August 5, 1941 (P.L.752, No.286), entitled
"An act regulating and improving the civil service of certain
departments and agencies of the Commonwealth; vesting in the
State Civil Service Commission and a Personnel Director
certain powers and duties; providing for classification of
positions, adoption of compensation schedules and
certification of payrolls; imposing duties upon certain
officers and employes of the Commonwealth; authorizing
service to other State departments or agencies and political
subdivisions of the Commonwealth in matters relating to civil
service; defining certain crimes and misdemeanors; imposing
penalties; making certain appropriations, and repealing
certain acts and parts thereof," in prohibitions, penalties
and enforcement, further providing for political activity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 905.2(b), (c) and (e) of the act of
August 5, 1941 (P.L.752, No.286), known as the Civil Service
Act, are amended and the section is amended by adding a
subsection to read:
Section 905.2. Political Activity.--* * *
[(b) No person in the classified service shall take an
active part in political management or in a political campaign.
Activities prohibited by this subsection include, but are not
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limited to, the following activities:
(1) Serving as an officer of a political party, a member of
a National, State or local committee of a political party or an
officer or member of a committee of a partisan political club,
or being a candidate for any of these positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for assessments,
contributions or other funds for a partisan political purpose.
(4) Organizing, selling tickets to, promoting or actively
participating in a fund-raising activity of a candidate in a
partisan election or of a political party, or political club.
(5) Taking an active part in managing the political campaign
of a candidate for public office in a partisan election or a
candidate for political party office.
(6) Becoming a candidate for, or campaigning for, an
elective public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office in
a partisan election or a candidate for political party office in
a political advertisement, a broadcast, campaign, literature or
similar material.
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(11) Serving as a delegate, alternate or proxy to a
political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition to
a partisan candidate for public office or political party
office.
(13) Initiating or circulating a partisan nominating
petition.
(14) Soliciting, paying, collecting or receiving a
contribution at or in the workplace from any employe for any
political party, political fund or other partisan recipient.
(15) Paying a contribution at or in the workplace to any
employe who is the employer or employing authority of the person
making the contribution for any political party, political fund
or other partisan recipient.]
(c) An employe or individual to whom subsection (a) [or (b)]
applies retains the right to vote and to express an opinion on
political subjects and candidates, and may engage in the
following activities:
(1) Register and vote in any election.
(2) Express an opinion as an individual privately and
publicly on political subjects and candidates.
(3) Display a political picture, sticker, badge or button
when not on duty and at locations other than the workplace.
(4) Participate in the nonpartisan activities of a civic,
community, social, labor or professional organization, or of a
similar organization.
(5) Be a member of a political party or other political
organization or club and participate in its activities to the
extent consistent with this section.
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(6) Attend a political convention, rally, fund-raising
function or other political gathering.
(7) Sign a political petition as an individual.
(8) Make a financial contribution to a political party or
organization.
(9) Be politically active in connection with a question
which is not specifically identified with a political party,
such as a constitutional amendment, referendum, approval of a
municipal ordinance or any other question or issue of a similar
character.
(10) Otherwise participate fully in public affairs, except
as prohibited by law, in a manner which does not materially
compromise efficiency or integrity as an employe or the
neutrality, efficiency or integrity of a Commonwealth agency.
(c.1) In addition to the activities permitted under
subsection (c), a person in the classified service may take an
active part in political management or in a political campaign.
Activities permitted include, but are not limited to, the
following:
(1) Serving as an officer of a political party, a member of
a national, State or local committee of a political party or an
officer or member of a committee of a partisan political club,
or being a candidate for any of these positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for assessments,
contributions or other funds for a partisan political purpose.
(4) Organizing, selling tickets to, promoting or actively
participating in a fund-raising activity of a candidate in a
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partisan election or of a political party or political club.
(5) Taking an active part in managing the political campaign
of a candidate for public office in a partisan election or a
candidate for political party office.
(6) Becoming a candidate for, or campaigning for, an
elective public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office in
a partisan election or a candidate for political party office in
a political advertisement, a broadcast, campaign, literature or
similar material.
(11) Serving as a delegate, alternate or proxy to a
political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition to
a partisan candidate for public office or political party
office.
(13) Initiating or circulating a partisan nominating
petition.
* * *
(e) Subsection (c) or (c.1) does not authorize an employe to
engage in political activity while on duty or while in a uniform
that identifies him as an employe. The head of an agency may
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prohibit or limit the participation of an employe or class of
employes of the agency in an activity permitted by subsection
(c) or (c.1), if participation in the activity would interfere
with the efficient performance of official duties or create a
conflict or apparent conflict of interests. An employe may not
do any of the following:
(1) Solicit, pay, collect or receive a contribution at or in
the workplace from any employe for any political party,
political fund or other partisan recipient.
(2) Pay a contribution at or in the workplace to any employe
who is the employer or employing authority of the person making
the contribution for any political party, political fund or
other partisan recipient.
* * *
Section 2. This act shall take effect in 60 days.
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