PRINTER'S NO. 2896
No. 2318 Session of 1993
INTRODUCED BY LYNCH, WAUGH, TIGUE, LEE, SAYLOR, RAYMOND AND
TOMLINSON, DECEMBER 7, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 7, 1993
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," providing for regulation of public service
12 announcements.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1638 of the act of June 3, 1937
16 (P.L.1333, No.320), known as the Pennsylvania Election Code,
17 added October 4, 1978 (P.L.893, No.171), is amended to read:
18 Section 1638. Advertising.--
19 (a) Whenever any person makes an expenditure for the purpose
20 of financing communications either expressly or indirectly
21 advocating the election or defeat of a candidate, or ballot
22 questions, through any broadcasting station, public service
1 announcement, newspaper, magazine, outdoor advertising facility,
2 direct mailing, or any other type of general public political
3 advertising, such communication:
4 (1) If authorized by the candidate, his authorized political
5 committee or their agents, shall clearly and conspicuously state
6 that the communication has been authorized.
7 (2) If not authorized by a candidate, his authorized
8 political committee, or their agents, shall clearly and
9 conspicuously state the name of the person who made or financed
10 the expenditure for the communication, including, in the case of
11 a political committee the name of any affiliated or connected
12 organization.
13 (b) (1) No broadcast station shall transmit any form of
14 public service announcement in which a candidate for public
15 office appears visually or verbally during a sixty (60) day time
16 period before any election, unless the candidate consistently
17 presented public service announcements during the twelve (12)
18 months immediately prior to the beginning of the sixty (60) day
19 period.
20 (2) For the purposes of this section, the term "public
21 service announcement" shall be defined as any means of informing
22 the public through the broadcast medium of an issue or service
23 beneficial to the recipients in which a candidate for a
24 contested office is featured either visibly or vocally.
25 [(b)] (c) (1) No candidate for public office, or political
26 committee or party acting on his behalf, shall place any
27 advertisement referring to an opposing candidate for the same
28 office which is to be broadcast or published during the one
29 hundred and twenty (120) hours immediately prior to an election
30 or published in a weekly newspaper or periodical during the
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1 eight (8) days immediately prior to an election, with a
2 television or radio broadcasting station, newspaper or
3 periodical, unless he has first given a copy of the material to
4 appear or be used in the advertisement and reasonable notice to
5 the opposing candidate and the county board of elections of the
6 county where the advertisement is to be placed in sufficient
7 time for a reply advertisement to be published or broadcast at
8 the same approximate time or in the same issue of the
9 publication or on the same radio or television broadcast as the
10 original advertisement and prior to the election in question.
11 (2) The reasonable notice referred to in clause (1) shall be
12 given in writing by registered mail, return receipt requested,
13 addressee signature only, with a true copy of the material
14 enclosed to appear or be used in the advertisement so as to
15 afford the recipient sufficient time to place a reply
16 advertisement to be published or broadcast at the same
17 approximate time or in the same issue of the publication or on
18 the same radio or television broadcast as the original
19 advertisement and prior to the election in question.
20 [(3)] (d) Any person, firm or corporation, political
21 committee or party or member thereof, violating any of the
22 provisions of this section, shall be guilty of a misdemeanor,
23 and upon conviction thereof, shall be sentenced to pay a fine
24 not exceeding one thousand dollars ($1,000), or to undergo an
25 imprisonment of not less than one (1) month nor more than two
26 (2) years, or both, in the discretion of the court.
27 Section 2. This act shall take effect in 60 days.
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