PRINTER'S NO. 3531
No. 2465 Session of 2002
INTRODUCED BY SAINATO, NAILOR, LEVDANSKY, CREIGHTON, BEBKO- JONES, SHANER, JOSEPHS, PETRARCA, PALLONE, J. WILLIAMS, HARHAI, TRAVAGLIO AND TRICH, MARCH 27, 2002
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 27, 2002
AN ACT 1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 2 "An act concerning elections, including general, municipal, 3 special and primary elections, the nomination of candidates, 4 primary and election expenses and election contests; creating 5 and defining membership of county boards of elections; 6 imposing duties upon the Secretary of the Commonwealth, 7 courts, county boards of elections, county commissioners; 8 imposing penalties for violation of the act, and codifying, 9 revising and consolidating the laws relating thereto; and 10 repealing certain acts and parts of acts relating to 11 elections," further providing for late filing fees. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 1632(a) of the act of June 3, 1937 15 (P.L.1333, No.320), known as the Pennsylvania Election Code, 16 amended July 11, 1980 (P.L.591, No.127), is amended to read: 17 Section 1632. Late Filing Fee; Certificate of Filing.-- 18 (a) [A] (1) Except as otherwise provided for in clauses (2) 19 and (3), a late filing fee for [each] a report or statement of 20 expenditures and contributions which is not filed within the 21 prescribed period shall be imposed as follows. Such fee shall be 22 [ten dollars ($10)] one hundred dollars ($100) for each day or
1 part of a day excluding Saturdays, Sundays and holidays that a 2 report is overdue. An additional fee of [ten dollars ($10)] one 3 hundred dollars ($100) is due for each of the first six (6) days 4 that a report is overdue. The maximum fee payable with respect 5 to a single report is [two hundred fifty dollars ($250)] one 6 thousand dollars ($1,000). 7 (2) A late filing fee for a second report or statement of 8 expenditures and contributions which is not filed within the 9 prescribed period shall be imposed as follows. Such fee shall be 10 two hundred dollars ($200) for each day or part of a day 11 excluding Saturdays, Sundays and holidays that a report is 12 overdue. An additional fee of two hundred dollars ($200) is due 13 for each of the first six (6) days that a second report is 14 overdue. The maximum fee payable with respect to a second report 15 is two thousand dollars ($2,000). 16 (3) A late filing fee for a third or subsequent report or 17 statement of expenditures and contributions which is not filed 18 within the prescribed period shall be imposed as follows. Such 19 fee shall be three hundred dollars ($300) for each day or part 20 of a day excluding Saturdays, Sundays and holidays that a report 21 is overdue. An additional fee of three hundred dollars ($300) is 22 due for each of the first six (6) days that a third report is 23 overdue. The maximum fee payable with respect to a third report 24 is three thousand dollars ($3,000). 25 (4) A supervisor shall receive an overdue report or 26 statement even if any late filing fee due has not been paid but 27 the report or statement shall not be considered filed until all 28 fees have been paid upon the receipt by the supervisor of an 29 overdue report. No further late filing fees shall be incurred 30 notwithstanding the fact that the report or statement is not 20020H2465B3531 - 2 -
1 considered filed. 2 (5) The late filing fee is the personal liability of the 3 candidate or treasurer of a political committee and cannot be 4 paid from contributions to the candidate or committee, nor may 5 such fee be considered an expenditure. 6 (6) A report or statement of expenditures and contributions 7 shall be deemed to have been filed within the prescribed time if 8 the letter transmitting the report or statement which is 9 received by the supervisor is transmitted by first class mail 10 and is postmarked by the United States Postal Service on the day 11 prior to the final day on which the report or statement is to be 12 received: Provided, That this sentence shall not be applicable 13 to the reporting requirements contained in section 1628. 14 * * * 15 Section 2. This act shall take effect in 60 days. L9L25JAM/20020H2465B3531 - 3 -