PRINTER'S NO. 3487
No. 2678 Session of 1994
INTRODUCED BY FAJT, APRIL 11, 1994
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 11, 1994
AN ACT
1 Limiting contributions and expenditures associated with
2 political campaigns; imposing penalties; and making a repeal.
3 TABLE OF CONTENTS
4 Chapter 1. General Provisions
5 Section 101. Short title.
6 Section 102. Definitions.
7 Chapter 3. Contributions
8 Section 301. Limitations on contributions from a person.
9 Section 302. Limitations on contributions from political
10 parties and legislative caucuses.
11 Section 303. Limitations on total nonindividual contributions
12 a candidate committee may accept.
13 Section 304. Prohibition on contributions by a corporation
14 and an organization.
15 Section 305. Prohibition on transfer of funds between
16 committees.
17 Section 306. Aggregation of contributions.
1 Section 307. Attribution and aggregation of family
2 contributions.
3 Section 308. Restrictions on loans.
4 Section 309. Anonymous contributions.
5 Section 310. Contributions on behalf of another.
6 Section 311. Cash contributions.
7 Section 312. Certain contributions required to be by written
8 instrument.
9 Section 313. Miscellaneous restrictions.
10 Chapter 5. Expenditures.
11 Section 501. Limitation on expenditures.
12 Section 502. Petty cash fund.
13 Section 503. Independent expenditures.
14 Chapter 7. Penalties
15 Section 701. Penalties.
16 Chapter 9. Miscellaneous Provisions
17 Section 901. Repeal.
18 Section 902. Applicability.
19 Section 903. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 CHAPTER 1
23 GENERAL PROVISIONS
24 Section 101. Short title.
25 This act shall be known and may be cited as the Campaign
26 Finance Reform Law.
27 Section 102. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Accounts receivable." An unfulfilled pledge, subscription,
2 agreement or promise, whether or not legally enforceable, to
3 make a contribution.
4 "Ballot measure." An initiative, referendum or any
5 proposition or measure submitted to voters for their approval.
6 "Candidate." An individual who seeks nomination or election
7 to elective office. An individual is a candidate when the
8 individual:
9 (1) Files a statement of candidacy or petition for
10 nomination for office with the appropriate filing officer.
11 (2) Is nominated for office by:
12 (i) a party at a primary;
13 (ii) nominating convention; or
14 (iii) petition for nomination.
15 (3) Solicits or receives and accepts contributions,
16 makes expenditures or gives consent to an individual,
17 organization, political party or committee to solicit or
18 receive and accept contributions or make expenditures to
19 secure nomination or election to any office at any time,
20 whether or not the office for which the individual will seek
21 nomination or election is known when:
22 (i) the solicitation is made;
23 (ii) the contribution is received and retained; or
24 (iii) the expenditure is made.
25 "Candidate committee." The committee designated by a
26 candidate to:
27 (1) Promote the candidate's candidacy.
28 (2) Serve as the recipient of all contributions and the
29 disburser of all expenditures.
30 "Committee." Includes a candidate committee, controlled
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1 committee, legislative caucus committee, party committee and a
2 political committee.
3 "Contribution."
4 (1) Includes the following:
5 (i) A gift, subscription, loan, guarantee or
6 forgiveness of a loan, conveyance, advance, payment,
7 distribution or deposit of money or anything of value
8 made to a political party or for influencing the results
9 of an election, including a ballot measure election, or
10 reducing the debt of a candidate for nomination or
11 election to public office.
12 (ii) A written contract, promise or agreement to
13 make a contribution for any purpose described in
14 paragraph (1).
15 (iii) An expenditure made by a person or committee,
16 other than a candidate committee, with the cooperation of
17 or in consultation with a committee, a candidate,
18 candidate committee or candidate's agent or made in
19 concert with or at the request or suggestion of a
20 candidate, candidate committee or candidate's agent.
21 (iv) The payment to a person other than a candidate
22 or committee of compensation for personal services that
23 are rendered to a candidate or committee at a rate less
24 than the reasonable and customary charge to the candidate
25 or committee for those services.
26 (v) Funds or anything of value received by a
27 committee that are transferred from another committee or
28 other source.
29 (vi) The purchase of tickets for an event such as a
30 meal, reception, rally and a similar fundraising event.
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1 (vii) The candidate's own money used on behalf of
2 that candidate's candidacy.
3 (viii) The granting of a discount or rebate:
4 (A) not extended to the public generally; or
5 (B) by a television or radio station not
6 extended equally to all candidates for the same
7 office.
8 (2) The term does not include the following:
9 (i) Volunteer personal services.
10 (ii) A payment made by an individual for the
11 individual's own travel expenses if the payment is made
12 voluntarily without an understanding or agreement that
13 the payment will be repaid to the individual.
14 (iii) A payment made by an occupant of a residence
15 or office for costs related to a meeting or fundraising
16 event held in the occupant's residence or office if the
17 costs for the meeting or fundraising event do not exceed
18 $500. However, if the occupant hosts more than one event
19 in an election cycle for the same beneficiary, all
20 subsequent payments that exceed $500 in the aggregate are
21 a contribution.
22 (iv) A loan of money made in the ordinary course of
23 business by a financial institution authorized to
24 transact business in this Commonwealth at terms and
25 interest rates generally available to a member of the
26 public without regard to that person's status as a public
27 official or public employee by the institution.
28 (v) Nonpartisan voter registration activities.
29 (vi) A communication by a corporation, organization
30 or association aimed at its members, owners, stockholders
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1 or executive administrative personnel or their families.
2 (vii) An offer or tender of a contribution if the
3 offer or tender is:
4 (A) expressly and unconditionally rejected and
5 returned to the contributor within two days; and
6 (B) is not negotiated, deposited or used,
7 including as collateral, or is escheated to the
8 Commonwealth if the contribution is an anonymous
9 contribution.
10 "Controlled committee." A committee which in connection with
11 the making of expenditures:
12 (1) is controlled directly or indirectly by a candidate;
13 or
14 (2) acts jointly with a candidate or controlled
15 committee.
16 A candidate controls a committee if the candidate, the
17 candidate's agent or any other committee the candidate controls
18 has a significant influence on the actions or decisions of the
19 committee.
20 "Corporation." An entity organized in the corporate form
21 under Federal or State law.
22 "Election." A primary, general or special election in which
23 a candidate or ballot measure is on the ballot.
24 "Election cycle." A period beginning the day after the
25 general election, up to and including the following general
26 election, including a primary, special primary and the following
27 special general election.
28 "Elective official." An individual elected to a State,
29 regional, county or municipal office or an individual who is
30 appointed to fill a vacancy in the office.
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1 "Expenditure." A purchase, payment, distribution, loan,
2 forgiveness of a loan or payment of a loan by a third party,
3 advance, deposit, transfer of funds between committees, a
4 promise to make a payment, or a gift of money or anything of
5 value made to influence the results of an election or reducing
6 the debt of a candidate for nomination or election to office.
7 The term does not include the following:
8 (1) A loan of money, made in the ordinary course of
9 business, by a financial institution authorized to transact
10 business in this Commonwealth.
11 (2) Nonpartisan voter registration activities.
12 (3) A communication by a corporation, organization or
13 association aimed at its members, owners, stockholders or
14 executive administrative personnel or their families, except
15 an extraordinary committee promoting or opposing a candidate
16 or candidates.
17 (4) Uncompensated services provided by an individual
18 volunteering the individual's time.
19 (5) A payment made by an occupant of a residence or
20 office for costs related to a meeting or fundraising event
21 held in the occupant's residence or office if the costs for
22 the meeting or fundraising event do not exceed $500. However,
23 if the occupant hosts more than one event per election for
24 the same beneficiary, all subsequent payments that exceed
25 $500 in the aggregate are an expenditure.
26 (6) An offer or tender of an expenditure if the offer or
27 tender is expressly and unconditionally rejected and returned
28 to the person making the expenditure within the time
29 prescribed by this act.
30 "Expenditures incurred." An amount owed to a creditor for
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1 purchase of delivered goods or completed services.
2 "Immediate family." An unemancipated child residing in a
3 candidate's household, a spouse of a candidate or an individual
4 claimed by that candidate or that candidate's spouse as a
5 dependent for Federal income tax purposes.
6 "Independent expenditure." An expenditure made by a person
7 to advocate the election or defeat of a clearly identified
8 candidate or, taken as a whole and in context, expressly urges a
9 particular result in an election, but which is not made to,
10 controlled by, coordinated with, requested by or made upon
11 consultation with a candidate, committee or agent of a candidate
12 or committee.
13 "In-kind contribution or expenditure." Goods or services
14 provided to or by a person at no charge or for less than their
15 fair market value.
16 "Intermediary." An individual who transmits a contribution
17 to a candidate or committee from another person unless the
18 contribution is from the individual's employer, immediate family
19 or an association to which the individual belongs. A treasurer
20 or a candidate is not an intermediary for purposes of the
21 committee that the treasurer or candidate serves. A professional
22 fundraiser is not an intermediary if the fundraiser is
23 compensated for fundraising services at the usual and customary
24 rate. A volunteer hosting a fundraising event at the
25 individual's home is not an intermediary for purposes of that
26 event.
27 "Legislative caucus committee." A committee controlled by
28 the caucus of each political party of each house of the General
29 Assembly. Each party of each house may establish only one such
30 committee. A legislative caucus committee is not a candidate-
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1 controlled committee.
2 "Loan." A transfer of money, property, guarantee or anything
3 of value in exchange for an obligation, conditional or not, to
4 repay in whole or part.
5 "Organization." Includes a:
6 (1) Labor organization.
7 (2) Collective bargaining organization.
8 (3) National, State or local organization to which a
9 labor organization pays membership or per capita fees based
10 upon its affiliation and membership.
11 (4) Trade or professional association that receives its
12 funds exclusively from membership dues or service fees,
13 whether organized within or outside this Commonwealth.
14 "Party committee." The generally recognized organization
15 which, according to the bylaws of the political party, is
16 responsible for the daily operation of the party at a State or
17 local level.
18 "Person." An individual, proprietorship, firm, partnership,
19 joint venture, joint-stock company, syndicate, business trust,
20 estate, company, corporation, association, club, committee,
21 organization or group of persons acting in concert.
22 "Political committee." A person or a combination of persons
23 which:
24 (1) receives and accepts contributions aggregating at
25 least $500 in a calendar year;
26 (2) makes independent expenditures aggregating at least
27 $500 in a calendar year; or
28 (3) makes contributions aggregating at least $5,000 in a
29 calendar year to or at the request of a candidate or
30 committee.
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1 The term does not include a party committee or legislative
2 caucus committee.
3 "Public property." Resources such as stationery, postage,
4 equipment, vehicles, office space, publications and lists
5 compiled or obtained by a government entity.
6 "Public time." The use of a public employee's time during
7 regular working hours or while on duty or use of a public
8 official's time while on duty, regardless of whether the
9 elective official is compensated.
10 "Regulated industry." A telephone, telegraph, electric, gas,
11 water, sewer or other utility whose rates are determined by the
12 Commonwealth or a political subdivision. The term includes an
13 insurance company, national or State bank or credit union,
14 corporation organized in whole or in part to operate a lottery
15 or pari-mutuel wagering facilities, or a public or quasi-public
16 board, commission, agency or entity recognized and funded by
17 State law.
18 "State office." An office other than a Federal office
19 eligible to be voted upon by all electors of this Commonwealth
20 and the General Assembly.
21 "Transfer." The movement or exchange of funds or anything of
22 value between political committees, party committees or
23 candidate committees, except the disposition of surplus funds or
24 material assets by a candidate committee to a party committee in
25 accordance with the dissolution procedures of this act.
26 "Volunteer." An individual who:
27 (1) is not self-employed who provides services free of
28 charge outside the individual's normal working hours; or
29 (2) is self-employed who provides services free of
30 charge if the individual does not ordinarily sell or
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1 otherwise charge for services.
2 CHAPTER 3
3 CONTRIBUTIONS
4 Section 301. Limitations on contributions from a person.
5 (a) Limitations.--The following limitations shall apply:
6 (1) For each election in which the candidate is on the
7 ballot or is a write-in candidate, a person or political
8 committee may not make to a candidate committee, and a
9 candidate committee may not accept from a person or political
10 committee, contributions aggregating more than:
11 Office Limit of contributions
12 (i) Governor or elective $5,000
13 officials of counties
14 or municipalities of
15 more than 100,000 in
16 population.
17 (ii) Other Statewide offices. $2,500
18 (iii) Senator. $1,000
19 (iv) Member of the House of $ 500
20 Representatives.
21 (2) A person or political committee may not make to a
22 political committee, and a political committee may not
23 accept, contributions from one person or political committee
24 aggregating more than $1,000 per calendar year.
25 (3) A person may not make to a political party
26 committee, and a party committee or legislative caucus
27 committee may not accept from a person, contributions
28 aggregating more than $5,000 in a calendar year.
29 (4) A person may not make to candidate committees or
30 political committees supporting or opposing candidates
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1 contributions aggregating more than $25,000 in an election
2 cycle.
3 (5) A political committee may not make to candidate
4 committees or political committees supporting or opposing
5 candidates contributions aggregating more than $100,000 in an
6 election cycle.
7 (b) Nonapplication.--Subsection (a)(1) shall not apply to:
8 (1) a candidate making a contribution to the candidate's
9 own campaign;
10 (2) contributions to a political committee;
11 (3) contributions to or from a legislative caucus
12 committee; or
13 (4) contributions to or from a political party
14 committee.
15 Section 302. Limitations on contributions from political
16 parties and legislative caucuses.
17 A candidate committee may not accept contributions from a
18 party committee or legislative caucus committee in each election
19 year of more than:
20 Office Limit of contributions
21 (1) Governor or elective $100,000
22 officials of counties
23 or municipalities of
24 more than 100,000 in
25 population.
26 (2) Non-Federal Statewide $ 50,000
27 offices.
28 (3) Senator. $ 35,000
29 (4) Member of the House of $ 15,000
30 Representatives.
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1 Section 303. Limitations on total nonindividual contributions a
2 candidate committee may accept.
3 A candidate committee may not accept contributions from
4 organizations and political committees in an election of more
5 than:
6 Office Limit of contributions
7 (1) Governor or elective $500,000
8 officials of counties
9 or municipalities of
10 more than 100,000 in
11 population.
12 (2) Non-Federal Statewide $100,000
13 offices.
14 (3) Senator. $ 35,000
15 (4) Member of the House of $ 15,000
16 Representatives.
17 Section 304. Prohibition on contributions by a corporation and
18 an organization.
19 (a) General rule.--A corporation or an organization may not
20 make a contribution or expenditure to or for the benefit of a
21 candidate or committee in connection with an election, except
22 that this provision shall not apply to any of the following:
23 (1) a campaign or committee solely for or against a
24 ballot measure;
25 (2) communications by a corporation to its shareholders,
26 directors and executive or administrative personnel and their
27 families;
28 (3) communications by an organization to its directors,
29 members and their families on any subject;
30 (4) nonpartisan voter registration and get-out-the-vote
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1 campaigns by a corporation to its shareholders, directors and
2 executive or administrative personnel and their families;
3 (5) nonpartisan voter registration and get-out-the-vote
4 campaigns by an organization to its directors, members and
5 their families on any subject; and
6 (6) the establishment, administration and solicitation
7 of contributions to a political committee to be utilized for
8 political purposes by a corporation or organization.
9 (b) Unlawful acts.--It shall be unlawful for:
10 (1) A political committee to make a contribution or
11 expenditure by using anything of value secured by physical
12 force, job discrimination, financial reprisals or threat of
13 the same, or by dues, fees or other moneys required as a
14 condition of membership in a labor organization or as a
15 condition of employment, or by moneys obtained in a
16 commercial transaction.
17 (2) A person who is soliciting an employee for a
18 contribution to fail to inform the employee of the political
19 purposes of the committee and of the employee's right to
20 refuse to contribute without any advantage or promise of an
21 advantage conditioned upon making the contribution or
22 reprisal or threat of reprisal related to the failure to make
23 the contribution.
24 (3) A corporation or political committee of a
25 corporation to solicit contributions to the political
26 committee from a person other than its shareholders,
27 directors, executive and administrative personnel and their
28 families.
29 (4) An organization or political committee of an
30 organization to solicit contributions to such a committee
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1 from a person other than its members and their families.
2 Section 305. Prohibition on transfer of funds between
3 committees.
4 (a) General rule.--A candidate committee or a committee
5 controlled by a candidate may not make a contribution to another
6 candidate or make an independent expenditure on behalf of
7 another candidate.
8 (b) Construction of section.--This section does not prohibit
9 a candidate from making a contribution from the candidate's own
10 funds on behalf of the candidate's candidacy or to the committee
11 of another candidate for a different office. This section does
12 not prohibit a candidate committee from providing its surplus
13 funds or material assets to a party committee in accordance with
14 the procedures for dissolution of a candidate committee under
15 this act.
16 Section 306. Aggregation of contributions.
17 For purposes of the contribution limitations, the following
18 apply:
19 (1) All contributions made by a political committee
20 whose contribution or expenditure activity is financed,
21 maintained or controlled by a corporation, labor
22 organization, association, political party or any other
23 person or committee, including a parent, subsidiary, branch,
24 division, department or local unit of the corporation, labor
25 organization, association, political party or any other
26 person or by a group of such persons are considered made by
27 the same political committee.
28 (2) Two or more entities are treated as a single entity
29 if the entities:
30 (i) share the majority of members on their boards of
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1 directors;
2 (ii) share two or more officers;
3 (iii) are owned or controlled by the same majority
4 shareholder or shareholders;
5 (iv) are in a parent-subsidiary relationship; or
6 (v) have bylaws so stating.
7 (3) A candidate committee and a committee other than a
8 candidate committee are treated as a single committee if the
9 committees both have the candidate or member of the
10 candidate's immediate family as an officer.
11 Section 307. Attribution and aggregation of family
12 contributions.
13 Contributions by a husband and wife are considered separate
14 contributions and not aggregated. Contributions by unemancipated
15 children under 18 years of age are considered contributions by
16 their parents and attributed proportionately to each parent.
17 Fifty percent of the contributions are attributed to each parent
18 or, in the case of a single custodial parent, the total amount
19 is attributed to the parent.
20 Section 308. Restrictions on loans.
21 (a) Restrictions.--A loan is considered a contribution from
22 the maker and the guarantor of the loan and is subject to the
23 contribution limitations of this act. A loan to a candidate or
24 the candidate committee must be by written agreement.
25 (b) Loans not subject to contribution limits.--The proceeds
26 of a loan made to a candidate under all of the following
27 circumstances are not subject to the contribution limits of this
28 act:
29 (1) The loan is made by a commercial lending
30 institution.
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1 (2) The loan is made in the regular course of business.
2 (3) The terms of the loan are the same terms ordinarily
3 available to members of the public.
4 (4) The loan is secured or guaranteed.
5 Section 309. Anonymous contributions.
6 A person may not make to a committee and a committee may not
7 accept an anonymous contribution exceeding $100 in a calendar
8 year. The recipient of an anonymous contribution of more than
9 the disclosure threshold for a contribution may not keep the
10 contribution but shall within two days remit the contribution to
11 the State Treasurer and report the action to the Department of
12 State.
13 Section 310. Contributions on behalf of another.
14 A person, other than an individual, may not be an
15 intermediary or an agent for a contribution. An individual may
16 not make a contribution on behalf of another person, or while
17 acting as the intermediary or agent of another person, without
18 disclosing to the recipient of the contribution his full name,
19 street address, occupation, name of employer, if any, or place
20 of business if self-employed, and the same information for each
21 contributor for whom the individual serves as intermediary or
22 agent.
23 Section 311. Cash contributions.
24 An individual may not make to a committee and a committee may
25 not accept a contribution of more than $100 in cash. A committee
26 may not make a contribution in cash.
27 Section 312. Certain contributions required to be by written
28 instrument.
29 An individual may not make a contribution of more than $100,
30 other than an in-kind contribution, except by written instrument
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1 containing the name of the donor and the name of the payee. A
2 committee may not make a contribution, other than in-kind,
3 except by written instrument containing the name of the donor
4 and the name of the payee.
5 Section 313. Miscellaneous restrictions.
6 (a) Public utilities.--A public utility may not include in
7 operating expenses a contribution or expenditure to influence an
8 election or to operate a political action committee.
9 (b) Employers.--An employer may not provide an advantage or
10 disadvantage to an employee concerning the employee's employment
11 or conditions of employment based on the employee's
12 contribution, promise to contribute or failure to contribute to
13 a candidate, committee or political party.
14 (c) Reimbursement.--A person may not, directly or
15 indirectly, reimburse a person for a contribution to a
16 candidate, committee or political party.
17 CHAPTER 5
18 EXPENDITURES
19 Section 501. Limitation on expenditures.
20 The following limitations shall apply:
21 (1) An expenditure may not be authorized or made by a
22 committee while there is a vacancy in the office of campaign
23 treasurer.
24 (2) A candidate may make expenditures on behalf of the
25 candidate's candidacy only through a contribution to the
26 candidate's candidate committee.
27 (3) A candidate or the candidate's immediate family may
28 not receive payments, other than reimbursements, from a
29 committee. Committee funds may not be used to defray personal
30 living expenses for the candidate or the candidate's
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1 immediate family which are unrelated to the campaign or the
2 office if the person is an officeholder.
3 (4) (i) An expenditure may not be made and a person may
4 not pay money or anything of value for speaking in
5 furtherance of a candidate's candidacy.
6 (ii) The candidate or a person speaking for the
7 candidate may not pay money or anything of value for the
8 privilege.
9 (iii) This paragraph shall not apply to the payment
10 of reasonable and necessary travel expenses or to food or
11 beverages consumed by the candidate while at and in
12 connection with the speaking engagement.
13 (5) An expenditure may only be made by a committee to
14 influence or attempt to influence the actions of the voters
15 for or against the nomination or election of a candidate to
16 the office for which the candidate has filed, or for
17 officeholder expenses. An expenditure may not be made if it
18 is clear from the surrounding circumstances that it was not
19 made for these purposes. This paragraph does not apply to:
20 (i) Thank you advertisements by a candidate after an
21 election.
22 (ii) An election night victory party.
23 (iii) Fees of lawyers or accountants necessary to
24 comply with this act or to represent the candidate or
25 committee in a subsequent proceeding arising from the
26 campaign.
27 (6) An expenditure of funds may not be made which the
28 candidate or committee knows, has reason to believe or
29 reasonably should know were contributed to the committee in
30 violation of this act.
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1 (7) An expenditure of more than $25:
2 (i) May not be made in cash.
3 (ii) Must be made by written instrument drawn upon
4 the campaign account containing the name of the committee
5 and the name of the recipient.
6 (8) An expenditure of more than $25 must be accounted
7 for by a written receipt indicating:
8 (i) The date of the expenditure.
9 (ii) The amount.
10 (iii) The name and address of the recipient.
11 (iv) The reason for the expenditure.
12 (v) The form of the expenditure, including cash,
13 credit card, check or money order.
14 (9) An expenditure may not be made, other than for
15 overhead or normal operating expenses, by an agent,
16 independent contractor or advertising agency on behalf of or
17 for the benefit of a committee unless the expenditure is
18 reported by the committee as if the expenditure were made
19 directly by the committee. The agent, independent contractor
20 or advertising agency shall make all information required to
21 be reported available to the committee.
22 (10) An expenditure may not be made that is clearly in
23 excess of the fair market value of services, materials,
24 facilities or other things of value received in exchange.
25 Section 502. Petty cash fund.
26 (a) General rule.--A campaign treasurer may withdraw from
27 the campaign account not more than $500 to establish or
28 replenish a petty cash fund for the candidate or committee at
29 any time, but at no time may the fund exceed $500.
30 (b) Expenditures from petty cash fund.--An expenditure from
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1 the petty cash fund:
2 (1) May not be made in an amount of more than $25.
3 (2) May be made only for office supplies, transportation
4 expenses and other necessities.
5 (3) May not be used for the purchase of time, space or
6 services from the media.
7 Section 503. Independent expenditures.
8 (a) Notice requirement.--A committee which makes an
9 independent expenditure of $500 or more for a written
10 communication to voters supporting or opposing a candidate shall
11 include the following statement on the communication:
12 Notice to Voters
13 (Required by Law)
14 This advertisement is not authorized or approved by any
15 candidate. It is paid for by (name, address, city,
16 state).
17 (b) Printing and broadcast requirements.--A statement under
18 subsection (a) must:
19 (1) appear on each page or fold of the written
20 communication in at least 10-point type or in type at least
21 10% of the largest size type used in a written communication
22 directed at more than one voter, such as a billboard or
23 poster, whichever is larger;
24 (2) not be subject to the half-tone or screening
25 process;
26 (3) be in a printed or drawn box set apart from any
27 other printed matter; or
28 (4) be clearly spoken on any broadcast advertisement.
29 (c) Report of independent expenditures.--A committee that
30 makes an independent expenditure of $500 or more after the
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1 closing date of the preelection reporting period shall report
2 the expenditure to the Department of State within 24 hours of
3 making the expenditure by hand delivery, facsimile transmission,
4 telegram or express delivery service. The expenditure must be
5 itemized by name, address and purpose. This information must be
6 included on the next report filed by the committee.
7 CHAPTER 7
8 PENALTIES
9 Section 701. Penalties.
10 (a) Unlawfully obtaining funds.--A person who violates the
11 provisions of this act and who, as a result, obtains funds under
12 this act to which he is not entitled commits a misdemeanor of
13 the first degree and shall, upon conviction, be subject to a
14 fine of not more than $10,000 or three times the amount of funds
15 wrongfully obtained or to imprisonment for not more than five
16 years, or both.
17 (b) Other violations.--Except as provided in subsection (a),
18 a person who violates any provision of this act commits a
19 misdemeanor of the third degree and shall, upon conviction, be
20 subject to a fine of not more than $1,000 or to imprisonment for
21 up to one year, or both.
22 CHAPTER 9
23 MISCELLANEOUS PROVISIONS
24 Section 901. Repeal.
25 The act of June 3, 1937 (P.L.1333, No.320), known as the
26 Pennsylvania Election Code, is repealed to the extent it is
27 inconsistent with this act.
28 Section 902. Applicability.
29 This act shall apply to candidates for elective office under
30 this act beginning with the primary election of 1996.
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1 Section 903. Effective date.
2 This act shall take effect immediately.
B3L25BIL/19940H2678B3487 - 23 -