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PRINTER'S NO. 1539
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1272
Session of
2017
INTRODUCED BY GOODMAN, FREEMAN, DERMODY, PASHINSKI, SOLOMON,
THOMAS, DeLUCA, SCHLOSSBERG, MURT, D. COSTA AND FRANKEL,
APRIL 24, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 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 definitions, for reporting by candidate and
political committees and other persons and for late
contributions and independent expenditures and providing for
independent expenditures and electioneering communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The General Assembly finds and declares as
follows:
(1) The Commonwealth has a compelling interest in:
(i) Providing voters with relevant information about
where political campaign money comes from and how it is
spent so that voters can make informed choices in
elections.
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(ii) Reducing the risk or appearance of undue
influence by ensuring political spending is
comprehensively disclosed.
(iii) Promoting compliance by candidates and
political groups with campaign finance laws.
(2) Under existing law, a person that purchases
political advertisements that expressly advocate for the
election or defeat of a candidate is subject to disclosure
requirements, but a person that purchases advertisements to
influence elections without expressly advocating for a
candidate is not subject to disclosure requirements.
(3) As a result, Pennsylvania has seen a proliferation
of advertisements featuring candidates that are distributed
during the campaign season and are intended to influence
elections but are not required to be reported under existing
law.
(4) Disclosure of expenditures intended to influence
elections should begin at an amount that is reasonable and
intended to promote full disclosure of the expenditures.
(5) It is the intent of the General Assembly to subject
all persons that make expenditures to influence elections,
whether through express advocacy or election-targeted issue
advocacy, to disclosure requirements.
Section 2. Section 1621(e) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended and the section is amended by adding subsections to
read:
Section 1621. Definitions.--As used in this article, the
following words have the following meanings:
* * *
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(e) The words "independent expenditure" shall mean an
expenditure by a person [made for the purpose of influencing an
election], other than a political committee or candidate,
expressly advocating the election or defeat of a clearly
identified candidate, made without cooperation or consultation
with any candidate or any political committee authorized by that
candidate and which is not made in concert with or at the
request or suggestion of any candidate or political committee or
agent thereof.
* * *
(n) The words "electioneering communication" shall mean a
communication by a person, other than a political committee or
candidate, that is publicly distributed within sixty (60) days
before a primary, special, municipal or general election and
refers to a clearly identified candidate or to a question
appearing on the ballot. The term does not include:
(1) A communication distributed by a means other than by a
communications media.
(2) A membership communication.
(3) A communication appearing in a news article, opinion or
commentary, provided that the communication is not distributed
via any communications media owned or controlled by a candidate,
political committee or the person purchasing the communication.
(4) A communication made in a candidate debate or forum or
which solely promotes a debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
(5) Any other communication exempted by regulation by the
Secretary of the Commonwealth that is consistent with this
article.
(o) The words "clearly identified candidate" shall mean that
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the name, a photograph or a drawing of the candidate appears or
the identity of the candidate is otherwise apparent by
unambiguous reference.
(p) The words "communications media" shall mean television,
radio, newspaper or other periodical, sign, publicly accessible
Internet website, mail or telephone.
(q) The words "membership communication" shall mean a
newsletter or periodical, telephone call or other routine
communication distributed solely to the members, shareholders or
employees of an organization or institution.
(r) The words "responsible party" shall mean a natural
person who shares or exercises discretion or control over the
activities of an entity required to file reports in accordance
with section 1626(g). The term includes an officer, director,
partner, proprietor or other natural person who exercises
discretion or control over the activities of an entity.
(s) The word "sign" shall mean an outdoor billboard, panel
or similar display having an area of at least ninety (90) square
feet.
Section 3. Sections 1626(g) and 1628 of the act are amended
to read:
Section 1626. Reporting by Candidate and Political
Committees and other Persons.--
* * *
(g) Every person, other than a political committee or
candidate, who makes independent expenditures [expressly
advocating the election or defeat of a clearly identified
candidate, or question appearing on the ballot, other than by
contribution to a political committee or candidate, in an
aggregate amount in excess of one hundred dollars ($100) during
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a calendar year shall file with the appropriate supervisor, on a
form prepared by the Secretary of the Commonwealth, a report
which shall include the same information required of a candidate
or political committee receiving such a contribution and,
additionally, the name of the candidate or question supported or
opposed. Reports required by this subsection shall be filed on
dates on which reports by political committees making
expenditures are required to report under this section.] or
electioneering communications in an aggregate amount exceeding
five hundred dollars ($500) during a calendar year shall file a
report, on a form prepared by the Secretary of the Commonwealth,
with the appropriate supervisor. The following shall apply:
(1) The report shall include the following information:
(i) Relating to the person making the independent
expenditure or electioneering communication:
(A) The full name and mailing address of the person.
(B) If the person is not an individual, the full name and
mailing address of its officers, one of whom shall be an
individual named as its treasurer.
(C) A concise statement of the person's purposes or goals.
(D) The name, office sought and party affiliation of a
candidate whom the person is supporting or opposing and, if the
person is supporting the entire ticket of a party, the name of
the party.
(E) If the independent expenditure or electioneering
communication refers to a ballot question, a description of the
ballot question.
(F) If the person files reports with the Federal Election
Commission or an out-of-State agency, a statement to that
effect, including the name of the agency.
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(ii) Relating to other independent expenditures or
electioneering communications:
(A) The full name and mailing address of each person to whom
an independent expenditure or electioneering communication has
been made during the calendar year in an aggregate amount in
excess of one hundred dollars ($100).
(B) The amount, date and purpose of each independent
expenditure or electioneering communication.
(C) The name of and office sought by each candidate on whose
behalf the independent expenditure or electioneering
communication was made or the ballot question supported or
opposed.
(iii) The full name and mailing address of each person who
has made contributions to the person making the independent
expenditure or electioneering communication during the calendar
year in an aggregate amount in excess of one hundred dollars
($100), the total of all contributions from the person during
the calendar year, and the amount and date of all contributions
from the person during the calendar year.
(iv) If the person that made a contribution under
subparagraph (iii) is not an individual, the following
information:
(A) The full name and mailing address of a person who,
directly or otherwise, owns a legal or equitable interest of
fifty (50) per cent or greater in the entity.
(B) One responsible party, if the aggregate amount of
contributions made by the entity during the election period
exceeds one thousand two hundred dollars ($1,200).
(v) The aggregate amount of all contributions made to the
person that made the independent expenditure or electioneering
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communication.
(2) Reports required under this subsection shall be filed on
dates on which reports by political committees making
expenditures are required to report under this section.
(3) If a person is required to file another report under
this section, the person shall not be required to file a report
under this subsection if all of the information has already been
filed in the other report. The Secretary of the Commonwealth
shall promulgate regulations that exempt a person from reporting
duplicative information under this article.
(4) The Secretary of the Commonwealth shall maintain an
electronic database of reports required by this subsection. The
database shall be made available on the Department of State's
publicly accessible Internet website.
* * *
Section 1628. Late Contributions [and], Independent
Expenditures and Electioneering Communications.--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,] or
electioneering communication of five hundred dollars ($500) or
more after the final preelection 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 made by electronic mail,
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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 4. The act is amended by adding a section to read:
Section 1643. Independent Expenditures and Electioneering
Communications.--All independent expenditures and electioneering
communications shall prominently include the statement:
Paid for by (name of person paying for the independent
expenditure or electioneering communication). Learn more
about (name of person paying for the independent expenditure
or electioneering communication) at www.dos.pa.gov.
Section 5. This act shall take effect in 60 days.
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