PRINTER'S NO. 2585
No. 2019 Session of 1987
INTRODUCED BY CALTAGIRONE, STEIGHNER, NOYE, VEON, RAYMOND AND
ANGSTADT, DECEMBER 1, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 1, 1987
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 exceptions to certain
12 advertising requirements by candidates, political committees
13 and other persons.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1638 of the act of June 3, 1937
17 (P.L.1333, No.320), known as the Pennsylvania Election Code,
18 added October 4, 1978 (P.L.893, No.171), is amended to read:
19 Section 1638. Advertising.--
20 (a) Whenever any person makes an expenditure for the purpose
21 of financing communications expressly advocating the election or
22 defeat of a candidate, or ballot questions, through any
23 broadcasting station, newspaper, magazine, outdoor advertising
1 facility, direct mailing, or any other type of general public
2 political advertising, such communication:
3 (1) If authorized by the candidate, his authorized political
4 committee or their agents, shall clearly and conspicuously state
5 that the communication has been authorized.
6 (2) If not authorized by a candidate, his authorized
7 political committee, or their agents, shall clearly and
8 conspicuously state the name of the person who made or financed
9 the expenditure for the communication, including, in the case of
10 a political committee the name of any affiliated or connected
11 organization.
12 (b) (1) No candidate for public office, or political
13 committee or party acting on his behalf, shall place any
14 advertisement referring to an opposing candidate for the same
15 office which is to be broadcast or published during the one
16 hundred and twenty (120) hours immediately prior to an election
17 or published in a weekly newspaper or periodical during the
18 eight (8) days immediately prior to an election, with a
19 television or radio broadcasting station, newspaper or
20 periodical, unless he has first given a copy of the material to
21 appear or be used in the advertisement and reasonable notice to
22 the opposing candidate and the county board of elections of the
23 county where the advertisement is to be placed in sufficient
24 time for a reply advertisement to be published or broadcast at
25 the same approximate time or in the same issue of the
26 publication or on the same radio or television broadcast as the
27 original advertisement and prior to the election in question.
28 (2) The reasonable notice referred to in clause (1) shall be
29 given in writing by registered mail, return receipt requested,
30 addressee signature only, with a true copy of the material
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1 enclosed to appear or be used in the advertisement so as to
2 afford the recipient sufficient time to place a reply
3 advertisement to be published or broadcast at the same
4 approximate time or in the same issue of the publication or on
5 the same radio or television broadcast as the original
6 advertisement and prior to the election in question.
7 (3) Any person, firm or corporation, political committee or
8 party or member thereof, violating any of the provisions of this
9 section, shall be guilty of a misdemeanor, and upon conviction
10 thereof, shall be sentenced to pay a fine not exceeding one
11 thousand dollars ($1,000), or to undergo an imprisonment of not
12 less than one (1) month nor more than two (2) years, or both, in
13 the discretion of the court.
14 (c) Subsections (a) and (b) shall not apply to such forms of
15 advertising where the writing or printed material regarding the
16 authorization or payment for such advertising is illegible or
17 too small to be legible.
18 (d) Subsections (a) and (b) shall not apply to any poster
19 less than five (5) square feet in area.
20 Section 2. This act shall take effect immediately.
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