PRIOR PRINTER'S NO. 3823 PRINTER'S NO. 4064
No. 2873 Session of 1994
INTRODUCED BY KUKOVICH, DeWEESE, LEVDANSKY, MICHLOVIC, DeLUCA,
BATTISTO, CAPPABIANCA, CHADWICK, COWELL, CURRY, FAJT,
FREEMAN, HANNA, JOSEPHS, BEBKO-JONES, KAISER, KASUNIC, KREBS,
LAUGHLIN, MANDERINO, MELIO, MIHALICH, MUNDY, PESCI, PETRARCA,
RAYMOND, RITTER, ROBINSON, ROONEY, STEELMAN, STETLER, STISH,
STURLA, TANGRETTI, TIGUE, NICKOL AND MASLAND, JUNE 7, 1994
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 26, 1994
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 the form of official
12 primary ballots; further defining "independent expenditure";
13 further providing for reporting; providing for funding of
14 certain Statewide elections; limiting certain contributions;
15 imposing powers and duties on the Department of State; and
16 providing penalties.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 1002(b) of the act of June 3, 1937
20 (P.L.1333, No.320), known as the Pennsylvania Election Code,
21 amended December 2, 1976 (P.L.1221, No.269), is amended to read:
22 Section 1002. Form of Official Primary Ballot.--* * *
1 (b) On the back of each ballot shall be printed in prominent
2 type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
3 followed by the designation of the election district for which
4 it is prepared, the date of the primary and the facsimile
5 signatures of the members of the county board of elections.
6 [The] Except in the case of candidates for State-wide judicial
7 office, the names of candidates shall [in all cases] be arranged
8 under the title of the office for which they are candidates, and
9 be printed thereunder in the order determined by the casting of
10 lots as provided by this act. The names of all candidates for a
11 State-wide judicial office shall be arranged in a group under
12 the title of that office and shall be rotated from one county to
13 another. THE DEPARTMENT SHALL DEVELOP A LOTTERY SYSTEM TO ASSURE <--
14 THAT THE NAME OF EACH STATE-WIDE JUDICIAL CANDIDATE WILL BE
15 ROTATED SO THAT IT WILL APPEAR, INSOFAR AS MAY BE REASONABLY
16 POSSIBLE, SUBSTANTIALLY AN EQUAL NUMBER OF TIMES AT THE
17 BEGINNING, AT THE END AND AT EACH INTERMEDIATE PLACE, IF ANY, OF
18 THE GROUP IN WHICH SUCH NAME BELONGS. Under the title of such
19 offices where more than one candidate is to be voted for, shall
20 be printed "Vote for not more than ........" (the blank space to
21 indicate the number of candidates to be voted for the particular
22 office.) At the right of the name of each candidate there shall
23 be a square of sufficient size for the convenient insertion of a
24 cross (x) or check ( ) mark. There shall be left at the end of
25 the list of candidates for each office (or under the title of
26 the office itself in case there be no candidates who have filed
27 nomination petitions therefor) as many blank spaces as there are
28 persons to be voted for, for such office, in which space the
29 elector may insert the name of any person whose name is not
30 printed on the ballot as a candidate for such office. [Opposite
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1 or under the name of each candidate, except candidates for the
2 office of President of the United States and candidates for
3 delegate or alternate delegate to a National Party Convention,
4 who is to be voted for by the electors of more than one county,
5 shall be printed the name of the county in which such candidate
6 resides; and opposite or under the name of each candidate except
7 candidates for delegate or alternate delegate to a National
8 Party Convention who is to be voted for by the electors of an
9 entire county or any congressional, senatorial or representative
10 district within the county, shall be printed the name of the
11 city, borough, township or ward, as the case may be, in which
12 such candidate resides.]
13 * * *
14 Section 2. Section 1621(e) of the act, added October 4, 1978
15 (P.L.893, No.171), is amended to read:
16 Section 1621. Definitions.--As used in this article, the
17 following words have the following meanings:
18 * * *
19 (e) The words "independent expenditure" shall mean an
20 expenditure by a person [made for the purpose of influencing an
21 election without cooperation or consultation with any candidate
22 or any political committee authorized by that candidate and
23 which is not made in concert with or at the request or
24 suggestion of any candidate or political committee or agent
25 thereof.] or political committee, other than a candidate's
26 campaign committee, that expressly advocates the election or
27 defeat of a clearly identified candidate, that is made without
28 cooperation or consultation with any candidate or committee or
29 agent of the candidate and that is not made in concert with or
30 at the request or suggestion of a candidate or any committee or
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1 agent of the candidate. An expenditure is not an independent
2 expenditure if any of the following applies:
3 (1) Any officer, member, employe or agent of the political
4 committee making the expenditure is also an officer, member,
5 employe or agent of the committee of the candidate whose
6 election or whose opponent's defeat is being advocated by the
7 expenditure or an agent of the candidate whose election or whose
8 opponent's defeat is being advocated by the expenditure.
9 (2) There is an arrangement, coordination or direction with
10 respect to the expenditure between the candidate or the
11 candidate's agent and the person making the expenditure,
12 including any officer, director, employe or agent of that
13 person.
14 (3) In the same election, the person making the expenditure,
15 including any officer, director, employe or agent of that
16 person, is or has been:
17 (i) Authorized to raise or expend moneys on behalf of the
18 candidate or the candidate's authorized committees.
19 (ii) Receiving any form of compensation or reimbursement
20 from the candidate, the candidate's committees or the
21 candidate's agent.
22 (4) The expenditure is based on information about the
23 candidate's plans, projects or needs or those of his campaign
24 committee, provided to the expending person by the candidate or
25 by the candidate's agents or any officer, member or employe of
26 the candidate's campaign committee with a view toward having the
27 expenditure made.
28 Section 3. Section 1626(a) and (j) of the act, added October
29 4, 1978 (P.L.893, No.171) and July 21, 1979 (P.L.189, No.63),
30 are amended and the section is amended by adding a subsection to <--
19940H2873B4064 - 4 -
1 read:
2 Section 1626. Reporting by Candidate and Political
3 Committees and other Persons.--
4 (a) Each treasurer of a political committee and each
5 candidate for election to public office shall file with the
6 appropriate supervisor reports of receipts and expenditures on
7 forms, designed by the Secretary of the Commonwealth, if the
8 amount received or expended or liabilities incurred shall exceed
9 the sum of two hundred fifty dollars ($250) regardless if the
10 amount received or expended is for one candidate or a number of
11 candidates. Should such an amount not exceed two hundred fifty
12 dollars ($250), then the candidate or the treasurer of the
13 committee shall file a sworn statement to that effect with the
14 appropriate supervisor rather than the report required by this
15 section.
16 * * *
17 (j) All "Political Action Committees" shall report to the
18 Secretary of the Commonwealth and the respective county board of
19 elections all expenditures to or made on behalf of, any State-
20 wide candidate, candidate for the Pennsylvania House of
21 Representatives, or candidate for the State Senate, in the same
22 manner as indicated in this section as a candidate's political
23 committee. This provision shall be in addition to any other
24 filing and reporting provisions of this act which apply to such
25 committees, their treasurers and chairmen.
26 (k) Any loan to a candidate's political committee from that <--
27 candidate shall be reported as required under subsection (b).
28 The report shall include the candidate's account number from a
29 national or State bank or any other lending institution
30 regulated by the Commonwealth from which the loan was made. The
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1 candidate's account number shall remain confidential and may not
2 be disclosed to any person, except as necessary for purposes of
3 review by the Secretary of the Commonwealth and the proper
4 county board of elections in accordance with this act.
5 Section 4. Section 1628 of the act, amended July 11, 1980
6 (P.L.600, No.128), is amended to read:
7 Section 1628. Late Contributions and Independent
8 Expenditures.--
9 (a) Any candidate or political committee, authorized by a
10 candidate and created solely for the purpose of influencing an
11 election on behalf of that candidate, which receives any
12 contribution or pledge of five hundred dollars ($500) or more,
13 and any person making an independent expenditure, as defined by
14 this act, of five hundred dollars ($500) or more after the final
15 pre-election report has been deemed completed shall report such
16 contribution, pledge or expenditure to the appropriate
17 supervisor by telegram or mailgram. Such telegram or mailgram
18 shall be sent by the candidate, chairman or treasurer of the
19 political committee within twenty-four (24) hours of receipt of
20 the contribution. It shall be the duty of the supervisor to
21 confirm the substance of such telegram or mailgram. Any
22 candidate in his own behalf, or chairman, treasurer or candidate
23 in behalf of the political committee may also comply with this
24 section by appearing personally before such supervisor and
25 reporting such late contributions or pledges.
26 (b) In addition to the information concerning independent
27 expenditures reported by a PERSON OR political committee under <--
28 section 1626, a PERSON OR political committee that makes <--
29 independent expenditures relating to any one candidate or office
30 within thirty (30) days before the day of any election to which
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1 the expenditures relate and which aggregate five hundred dollars
2 ($500) shall report the independent expenditures within twenty-
3 four (24) hours OR BY 5 O'CLOCK P.M. THE DAY FOLLOWING A WEEKEND <--
4 OR HOLIDAY OF WHEN THE EXPENDITURE IS MADE. If a person or
5 political committee makes an independent expenditure for
6 campaign literature or an advertisement, the PERSON OR political <--
7 committee making the expenditure shall also send by certified
8 mail a copy of the campaign literature or advertisement to each
9 candidate named or otherwise referred to in the literature or
10 advertisement within twenty-four (24) hours OR BY 5 O'CLOCK P.M. <--
11 THE DAY FOLLOWING A WEEKEND OR HOLIDAY of the expenditure or
12 distribution.
13 (c) An independent expenditure report filed under subsection
14 (b) shall be filed with the officer SUPERVISOR prescribed in <--
15 section 1626 and shall contain all of the following:
16 (1) The name and address of any person to whom an
17 independent expenditure was made.
18 (2) The date and amount of the independent expenditure.
19 (3) The purpose of the independent expenditure, including a
20 description of what was purchased.
21 (4) The name of each candidate whose election or defeat was
22 advocated by the expenditure and, for each candidate, the office
23 sought by the candidate and the year of the election.
24 (5) The names, occupations, employers and amount contributed
25 by each of the three (3) contributors that contributed the most <--
26 money within the preceding six (6) months. If any other
27 contributor contributed the same amount during this time period
28 as any of the top three (3) contributors, the information shall
29 be provided for that contributor as well. BY ALL CONTRIBUTORS OF <--
30 TWO HUNDRED FIFTY DOLLARS ($250) OR MORE. If any of these
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1 contributors is a political committee, the report shall include
2 the names, occupations and employers of the committee's chairman
3 and treasurer.
4 (6) Under penalty of perjury, a certification stating that
5 the claimed independent expenditure is not made in cooperation,
6 consultation or concert with or at the request or suggestion of
7 any candidate or any campaign committee or agent of that
8 candidate.
9 (7) A copy of any literature or advertisement or other
10 communication, including an advertisement in an electronic or
11 print medium, that was purchased with the independent
12 expenditure.
13 (d) If a PERSON OR political committee makes an independent <--
14 expenditure of less than five hundred dollars ($500) for
15 campaign literature or an advertisement for the purpose of
16 influencing an election, including an advertisement in
17 electronic or print media, in the last thirty (30) days
18 preceding the election or if an independent expenditure is made
19 for campaign literature or advertisements that are distributed
20 during the last thirty (30) days preceding the election, the
21 PERSON OR political committee making the expenditure shall file <--
22 a copy of the campaign literature or advertisement with the
23 Secretary of the Commonwealth within twenty-four (24) hours of
24 the expenditure or distribution.
25 (e) Filing by electronic facsimile or by telegram is
26 permissible.
27 (f) An expenditure by a political committee or a person that
28 does not meet the definition of an independent expenditure is an
29 in-kind contribution to the candidate and a corresponding
30 expenditure by the candidate unless otherwise exempted.
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1 (g) A person who violates this section is subject to a civil
2 penalty of three (3) times the cost of the literature or
3 advertisement that was distributed in violation of this section.
4 Section 5. Section 1633(a) of the act, amended November 26, <--
5 1978 (P.L.1313, No.318), is amended to read:
6 Section 1633. Contributions or Expenditures by National
7 Banks, Corporations or Unincorporated Associations.--
8 (a) It is unlawful for any National or State bank,
9 partnership or any corporation, incorporated under the laws of
10 this or any other state or any foreign country or any
11 unincorporated association, except those corporations formed
12 primarily for political purposes or as a political committee, to
13 make a contribution or expenditure in connection with the
14 election of any candidate or for any political purpose whatever
15 except in connection with any question to be voted on by the
16 electors of this Commonwealth. Furthermore, it shall be unlawful
17 for any candidate, political committee, or other person to
18 knowingly accept or receive any contribution prohibited by this
19 section, or for any officer or any director of any corporation,
20 bank, or any unincorporated association to consent to any
21 contribution or expenditure by the corporation, bank or
22 unincorporated association, as the case may be, prohibited by
23 this section.
24 * * *
25 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
26 SECTION 1633.1. CONTRIBUTIONS OR EXPENDITURES BY
27 PARTNERSHIPS.--IT IS UNLAWFUL FOR ANY PARTNERSHIP OPERATING
28 UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR ANY FOREIGN
29 COUNTRY TO MAKE A CONTRIBUTION OR EXPENDITURE IN CONNECTION WITH
30 ANY STATE-WIDE JUDICIAL OFFICE. FURTHERMORE, IT SHALL BE
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1 UNLAWFUL FOR ANY CANDIDATE RUNNING FOR STATE-WIDE JUDICIAL
2 OFFICE, POLITICAL COMMITTEE OR OTHER PERSON TO KNOWINGLY ACCEPT
3 OR RECEIVE ANY CONTRIBUTION PROHIBITED BY THIS SECTION OR FOR
4 ANY PARTNER OF ANY PARTNERSHIP TO CONSENT TO ANY CONTRIBUTION OR
5 EXPENDITURE PROHIBITED BY THIS SECTION.
6 Section 6. The act is amended by adding an article to read:
7 ARTICLE XVI-A
8 Pennsylvania Fair Campaign Fund
9 Section 1601-A. Definitions.--As used in this article, the
10 following words have the following meanings:
11 "Declaration of candidacy" shall mean the point in a person's
12 campaign for political office at which that person becomes in
13 compliance with section 1622 of this act.
14 "Department" shall mean the Department of State of the
15 Commonwealth.
16 "Fund" shall mean the Pennsylvania Fair Campaign Fund
17 established under section 1604-A.
18 "Major political party" shall mean a political party whose
19 candidate for Governor received either the highest or second
20 highest number of votes in the preceding gubernatorial election.
21 "Secretary" shall mean the Secretary of the Commonwealth.
22 Section 1602-A. Application of Article.--Except as provided
23 in section 1613-A(d) 1613-A, the provisions of this article <--
24 shall be applicable to candidates for the following State-wide
25 offices who elect to apply for campaign funding under this
26 article:
27 (1) Supreme Court Justice.
28 (2) Superior Court Judge.
29 (3) Commonwealth Court Judge.
30 Section 1603-A. Administration.--The provisions of this
19940H2873B4064 - 10 -
1 article shall be administered by the department. The department
2 may adopt rules and regulations as may be necessary for the
3 implementation of this article.
4 Section 1604-A. Pennsylvania Fair Campaign Fund
5 Established.--There is hereby established a special restricted
6 receipts fund in the State Treasury to be known as the
7 Pennsylvania Fair Campaign Fund. Payments shall be made into
8 this fund pursuant to section 1605-A and disbursements shall be
9 made from the fund only upon the warrant of the secretary and a
10 warrant of the State Treasurer. As much of the moneys in the
11 fund as are necessary to make payments to candidates as provided
12 in this article are appropriated from the Pennsylvania Fair
13 Campaign Fund to the Department of State on a continuing basis
14 for the purpose of such payments. NO MONEYS OF THE GENERAL FUND <--
15 SHALL BE USED FOR THE PURPOSES OF THE PENNSYLVANIA FAIR CAMPAIGN
16 FUND.
17 Section 1605-A. Allocation of Certain Tax Proceeds to
18 Fund.--Beginning with tax years commencing January 1, 1995, and
19 thereafter, each individual subject to the tax imposed by
20 Article III of the act of March 4, 1971 (P.L.6, No.2), known as
21 the "Tax Reform Code of 1971," whose tax liability for the year
22 is one dollar ($1.00) or more may designate one dollar ($1.00)
23 of his personal income taxes to be paid into the Pennsylvania
24 Fair Campaign Fund. In the case of married taxpayers filing a
25 joint return, each spouse may designate one dollar ($1.00) to be
26 paid into the Pennsylvania Fair Campaign Fund if their tax
27 liability is two dollars ($2.00) or more. All of these
28 designated tax revenues shall be paid into the fund. The check-
29 off and instructions shall be prominently displayed on the first
30 page of the TAX return form. The instructions shall readily <--
19940H2873B4064 - 11 -
1 indicate that these designations neither increase nor decrease
2 an individual's tax liability.
3 Section 1606-A. Certification of Moneys in Fund.--By June 30
4 of each year, the State Treasurer shall certify to the
5 department the current balance available in the fund.
6 Section 1607-A. Qualification for Funding.--(a) Any
7 candidate for State-wide office as described in section 1602-A <--
8 may apply for funding under this article if the candidate meets
9 the contributory thresholds established in subsection (b) and
10 otherwise conforms to the requirements of this article. No
11 candidate shall be obligated to apply for funding under this
12 article and if any candidate elects not to apply, the provisions
13 of this article pertaining to limits on expenditures or the use
14 of his personal funds shall be inapplicable to the person and
15 his candidacy. Any candidate electing to receive funding under
16 this article shall declare his intention to do so and specify
17 the State office for which he is a candidate. No candidate may <--
18 elect to receive funding under this article for a general or
19 municipal election unless the candidate elected to receive
20 funding under this article for the primary election. A CANDIDATE <--
21 WHO IS NOMINATED BY HIS PARTY TO FILL A VACANCY WHICH OCCURS
22 AFTER THE PRIMARY OR WHO IS PLACED ON THE BALLOT BY PETITION AND
23 QUALIFIES FOR FUNDING PURSUANT TO SECTION 1607(B) IS ELIGIBLE TO
24 RECEIVE FUNDING UNDER THIS ARTICLE FOR A GENERAL OR MUNICIPAL
25 ELECTION. Any and all committees authorized to receive
26 contributions or make expenditures for the candidate who has so
27 declared shall abide by the provisions of section 1613-A. Any
28 candidate who for any reason has his name withdrawn from the
29 ballot for a State-wide AN election, after receipt of funds <--
30 under this article, shall return all moneys received to the fund <--
19940H2873B4064 - 12 -
1 as well as offering back qualifying contributions for that
2 State-wide office. TO THE FUND ALL UNSPENT MONEY RECEIVED FROM <--
3 THE PENNSYLVANIA FAIR CAMPAIGN FUND.
4 (b) (1) In order to qualify for funding in a general
5 election, a candidate must receive subsequent to the date of the <--
6 THAT CANDIDATE'S primary election but prior to the date of the <--
7 THAT CANDIDATE'S general election qualifying contributions of <--
8 the following amounts:
9 Office Qualifying Contributions Required
10 (i) Supreme Court Justices $25,000 <--
11 (ii) Superior Court Judges 25,000
12 (iii) Commonwealth Court Judges 25,000
13 (I) SUPREME COURT JUSTICES $30,000 <--
14 (II) SUPERIOR COURT JUDGES 30,000
15 (III) COMMONWEALTH COURT JUDGES 30,000
16 (2) In order to qualify for funding in a primary election, a
17 candidate must receive prior to the date of the primary
18 election, but subsequent to the immediately preceding general or <--
19 municipal election JANUARY 1 OF THE YEAR IN WHICH THAT CANDIDATE <--
20 RUNS FOR OFFICE, one-half of the amount specified in clause (1)
21 for the appropriate office.
22 (3) (i) The term "qualifying contribution" shall include
23 any contribution, as defined in section 1621(b), which has all
24 of the following characteristics:
25 (A) Made by an individual resident of Pennsylvania.
26 (B) Made by a written instrument which indicates the
27 contributor's full name and mailing residence ADDRESS and is not <--
28 intended to be returned to the contributor or transferred to
29 another political committee or candidate.
30 (ii) If a contributor receives goods or services of value in
19940H2873B4064 - 13 -
1 return for his contribution, the qualifying contribution shall
2 be calculated as the original contribution, minus the fair
3 market value of the goods or services received.
4 (iii) Any contribution CONTRIBUTIONS by an individual which <--
5 exceeds EXCEED two hundred fifty dollars ($250.00) in the <--
6 aggregate shall be deemed only a two hundred fifty dollar
7 ($250.00) qualifying contribution for the purposes of this
8 section and for the matching payment provisions of section 1608-
9 A.
10 (c) The department shall select an auditor pursuant to the
11 provisions of section 1635(a). Each candidate who elects to
12 apply for funding under this article shall provide evidence that
13 the candidate has raised the qualifying contributions required
14 by this section which evidence shall be verified and certified
15 as correct to the department by the auditor selected under this
16 article. THE DEPARTMENT SHALL ESTABLISH A DEADLINE FOR THE <--
17 CERTIFICATION AND A PROCESS FOR VERIFICATION BY THE AUDITOR
18 SELECTED UNDER THIS ARTICLE.
19 Section 1608-A. Funding Formula.--(a) Every candidate who
20 qualifies for funding for either the primary or the general
21 election pursuant to section 1607-A shall receive matching
22 payments from the fund in the amount of one dollar ($1.00) for
23 each dollar of qualifying contribution as defined in section
24 1607-A(b)(3).
25 (b) The one dollar ($1.00) for each dollar of qualifying <--
26 contributions provided by this section shall be provided only
27 for qualifying contributions raised which exceed the threshold
28 amounts specified in section 1607-A(b) and not to those
29 qualifying contributions which are attributable to meeting the
30 threshold amounts necessary to qualify for funding under this
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1 article.
2 (c) (B) (1) Only those qualifying contributions made during <--
3 the period between a declaration of candidacy JANUARY 1 OF THE <--
4 YEAR IN WHICH THE CANDIDATE RUNS FOR OFFICE and the primary
5 election shall be eligible for matching payments from the fund
6 for the primary election.
7 (2) Only those qualifying contributions made during the
8 period between the primary election and the general election OF <--
9 THE YEAR IN WHICH THAT CANDIDATE RUNS FOR OFFICE shall be
10 eligible for matching payments from the fund for the general
11 election.
12 (d) (C) Matching funds shall not be provided for any <--
13 qualifying contributions unless the reporting requirements of
14 section 1626(b) are satisfied.
15 Section 1609-A. Limitations on Funding.--(a) Every
16 candidate who qualifies for and receives funding pursuant to the
17 formula established in section 1608-A shall be entitled to
18 receive no more than the maximum amount specified in subsection
19 (b) for the office the candidate is seeking.
20 (b) (1) The maximum amount of funding available for the
21 general election for each candidate under this article shall be
22 as follows:
23 Office Maximum Pennsylvania Fair
24 Campaign Funding
25 (i) Supreme Court Justices $150,000
26 (ii) Superior Court Judges 150,000
27 (iii) Commonwealth Court Judges 150,000
28 (2) The maximum amount of funding available for the primary
29 election for each candidate under this article shall be one-half
30 the appropriate figure in clause (1).
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1 (c) Notwithstanding any other provisions of this article no
2 funding shall be provided to the following:
3 (1) Candidates in the general election who have been
4 nominated by both major political parties.
5 (2) Candidates in the primary election who are unopposed for
6 the nomination.
7 Section 1610-A. Time of Payments.--(a) Beginning ninety
8 (90) days prior to the relevant primary or general election, the
9 department shall make payments authorized by this article at
10 least every two (2) weeks. However, except for the final
11 payment, no payment shall be due or paid if the payment does not
12 equal at least five thousand dollars ($5,000) in amount.
13 (b) If in the secretary's opinion insufficient funds exist
14 in the fund to provide the anticipated full funding to eligible
15 candidates in a given primary or general election, the
16 department shall distribute the available funds to qualified
17 candidates on a pro-rata basis. In determining whether
18 sufficient funds are available, the secretary shall not take
19 into consideration the needs of any subsequent primary or
20 general elections but shall base the decision solely on the
21 immediate primary or election at hand.
22 Section 1611-A. Use of Funds by Candidates.--(a) Funds
23 distributed to candidates pursuant to this article may be used
24 only for the election for which they are distributed and only
25 for the purposes set forth in section 1634.1 except that no fund
26 moneys may be used:
27 (1) To transfer to other candidates or to committees of
28 other candidates or to political committees.
29 (2) To pay for expenditures incurred after the date of the
30 general election.
19940H2873B4064 - 16 -
1 (b) Funds distributed to a candidate pursuant to this
2 article shall be placed in a single bank account. Expenditures
3 from this account shall be made only for campaign expenses
4 listed in subsection (a).
5 Section 1612-A. Expenditures.--(a) Expenditures made by a
6 candidate and his authorized committees, for all purposes and
7 from all sources, including, but not limited to, amounts of
8 funds distributed under this article, proceeds of loans, gifts,
9 contributions from any source or personal funds, subsequent to
10 the date of the primary election, but prior to the date of the
11 general election, may not exceed the amounts specified below:
12 Office Total Expenditure Limits
13 (i) Justice of the
14 Supreme Court $300,000
15 (ii) Judge of the
16 Superior Court 300,000
17 (iii) Judge of the
18 Commonwealth Court 300,000
19 (b) Expenditures made by a candidate and his authorized
20 committees, subsequent to January 1 OF THE YEAR IN WHICH THE <--
21 CANDIDATE RUNS FOR OFFICE but prior to the date of the primary
22 election, may not exceed one-half of the amount specified in
23 subsection (a).
24 (c) Notwithstanding any other provision of this article, a
25 candidate who accepts public funding pursuant to the formula
26 established in section 1608-A, but whose major political party
27 opponent in a general or municipal election elects not to apply
28 for the public funding, shall not be bound by the expenditure
29 limits specified in this section. A candidate who accepts public
30 funding shall be eligible to qualify for those fair campaign
19940H2873B4064 - 17 -
1 funds which would have otherwise been available to the opponent <--
2 AN OPPONENT WHO HAS CHOSEN NOT TO APPLY FOR FUNDING FROM THE <--
3 PENNSYLVANIA FAIR CAMPAIGN FUND.
4 (d) Notwithstanding any other provision of this article, a
5 candidate who accepts public funding pursuant to the formula
6 established in section 1608-A, but whose major political party
7 opponents in a primary election elect to not apply for the
8 public funding, shall not be bound by the expenditure limits
9 specified in this section. If there is more than one candidate
10 in a major political party in a primary election, the fair
11 campaign funds which would have otherwise been available to each
12 opponent who has elected to not apply for the public funding
13 shall be divided equally among the candidates who accept public
14 financing.
15 Section 1613-A. Limitations on Certain Contributions.--(a)
16 Any candidate for the office of Justice of the Supreme Court or
17 Judge of the Superior Court or Commonwealth Court shall not
18 accept any contribution CONTRIBUTIONS from an individual or <--
19 political action committee in excess of WHICH IN THE AGGREGATE <--
20 EXCEED two hundred fifty dollars ($250), except that FOR ANY <--
21 PRIMARY, GENERAL OR SPECIAL ELECTION. HOWEVER, the candidate and
22 spouse may contribute up to twenty-five thousand dollars <--
23 ($25,000) THIRTY THOUSAND DOLLARS ($30,000) IN THE AGGREGATE for <--
24 each primary, general or special election IN WHICH THAT <--
25 CANDIDATE IS RUNNING FOR OFFICE.
26 (b) Any candidate for the office of Governor, Lieutenant
27 Governor, Auditor General, Attorney General, State Treasurer,
28 Senate or House of Representatives shall not accept any <--
29 contribution exceeding CONTRIBUTIONS WHICH IN THE AGGREGATE <--
30 EXCEED the following limits FOR ANY PRIMARY, GENERAL OR SPECIAL <--
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1 ELECTION IN WHICH THAT CANDIDATE IS RUNNING FOR OFFICE:
2 Contributor Limit
3 (1) Individual $ 1,000
4 (2) Political action committee
5 as defined in section 1621(1) 5,000
6 (c) A gift, subscription, loan, advance or deposit of money
7 or anything of value to a candidate shall be considered a
8 contribution both by the original source of the contribution and
9 by any intermediary or conduit if the intermediary or conduit--
10 (1) exercises any control or any direction over the making of
11 the contribution; or (2) solicits the contribution or arranges
12 for the contribution to be made and directly or indirectly makes
13 the candidate aware of such intermediary or conduit's role in
14 soliciting or arranging the contribution for the candidate.
15 (d) For purposes of subsection (c), a contribution shall not
16 be considered to be a contribution by an intermediary or conduit
17 to the candidate if-- (1) the intermediary or conduit has been
18 retained by the candidate's committee for the purpose of fund-
19 raising and is reimbursed for expenses incurred in soliciting
20 contributions; (2) in the case of an individual, the candidate
21 has expressly authorized the intermediary or conduit to engage
22 in fund-raising, or the individual occupies a significant
23 position within the candidate's campaign organization; or (3) in
24 the case of a political committee, the intermediary or conduit
25 is an authorized committee of the candidate.
26 (e) This section shall apply to any candidate for any office
27 set forth in subsection (a) THIS SECTION, regardless of whether <--
28 or not the candidate receives funding from the fund.
29 Section 1614-A. Inflation Indexing of Certain Limitations.--
30 The dollar figures contained in sections 1607-A, 1609-A and
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1 1612-A shall be adjusted annually during March at a rate equal
2 to the average percentage change in the All-Urban Consumer Price
3 Index for the Pittsburgh, Philadelphia and Scranton standard
4 metropolitan statistical areas as published by the Bureau of
5 Labor Statistics of the United States Department of Labor, or
6 any successor agency, occurring in the prior calendar year. The
7 base year shall be 1992 1994. The average shall be calculated <--
8 and certified by the secretary annually by adding the percentage
9 increase in each of the three areas and dividing by three. The
10 calculation and resulting new figures shall be published in the
11 Pennsylvania Bulletin during March.
12 Section 1615-A. Annual Report.--The secretary shall report
13 annually to the Governor and the General Assembly on the
14 operations of funding as provided by this article. This report
15 shall include, but not be limited to, the revenues and
16 expenditures in the fund, the amounts distributed to candidates,
17 the results of any audits performed on candidates in compliance
18 with this article and any prosecutions brought for violations of
19 this article.
20 Section 1616-A. Return of Excess Funds.--(a) All unexpended
21 campaign funds in a candidate's and his authorized committees'
22 possession sixty (60) days after a primary election shall be
23 returned to the secretary for deposit in the Pennsylvania Fair
24 Campaign Fund, up to the amount of the funds which were
25 distributed to the candidate under this article for the primary
26 election.
27 (b) All unexpended campaign funds in a candidate's and his
28 authorized committee's possession sixty (60) days after a
29 general or municipal election shall be returned to the secretary
30 for deposit in the Pennsylvania Fair Campaign Fund, up to the
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1 amount of the funds which were distributed to the candidate
2 under this article for the general or municipal election.
3 Section 1617-A. Penalties.--(a) A person who violates the
4 provisions of this article and who, as a result, obtains funds
5 under this article to which he is not entitled commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 subject to a fine not to exceed the greater of ten thousand
8 dollars ($10,000) or three times the amount of funds wrongfully
9 obtained or to imprisonment for up to five years, or both.
10 (b) A person who violates section 1611-A or 1612-A commits a
11 misdemeanor of the first degree and shall, upon conviction, be
12 subject to a fine not to exceed the greater of ten thousand
13 dollars ($10,000) or three times the amount of funds that were
14 wrongfully used or expended or to imprisonment for up to five
15 years, or both.
16 (c) Except as provided in subsections (a) and (b), a person
17 who violates any provision of this act commits a misdemeanor of
18 the third degree and shall, upon conviction, be subject to a
19 fine of not more than one thousand dollars ($1,000) or to
20 imprisonment for up to one year, or both.
21 Section 7. This act shall apply to returns of taxpayers of
22 calendar years commencing January 1, 1994 1995, and thereafter. <--
23 Funding from the Pennsylvania Fair Campaign Fund shall be
24 provided to candidates for Statewide office beginning with the <--
25 primary election of 1996 1997 and in each primary, municipal and <--
26 general election thereafter.
27 Section 8. This act shall take effect immediately JANUARY 1, <--
28 1996.
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