PRINTER'S NO. 822
No. 766 Session of 1997
INTRODUCED BY GREENLEAF, KUKOVICH, COSTA AND O'PAKE,
APRIL 1, 1997
REFERRED TO STATE GOVERNMENT, APRIL 1, 1997
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 limited public funding of judicial
12 Statewide elections; limiting certain contributions; imposing
13 powers and duties on the Department of State; imposing
14 penalties; and making a repeal.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
18 as the Pennsylvania Election Code, is amended by adding an
19 article to read:
20 ARTICLE XVI-A
21 State-wide Public Judicial Election Financing
22 Section 1601-A. Application of Article.--The provisions of
23 this article shall be applicable to candidates for the following
1 State-wide offices who elect to apply for public funding under
2 this article:
3 (1) Supreme Court Justice.
4 (2) Superior Court Judge.
5 (3) Commonwealth Court Judge.
6 Section 1602-A. Administration.--The provisions of this
7 article shall be administered by the Secretary of the
8 Commonwealth. The secretary may adopt such rules and regulations
9 as may be necessary for the implementation of this article.
10 Section 1603-A. Public Judicial Election Financing Fund
11 Created.--There is hereby created a special restricted receipts
12 fund in the State Treasury to be known as the Public Judicial
13 Election Financing Fund. Payments shall be made into the fund
14 under section 1604-A and disbursements shall be made from the
15 fund only upon the warrant of the Secretary of the Commonwealth
16 and a warrant of the State Treasurer. As much of the moneys in
17 the fund as are necessary to make payments to candidates as
18 provided in this article are appropriated from the fund to the
19 Department of State for the purpose of making the payments.
20 Section 1604-A. Allocation of Certain Tax Proceeds to
21 Fund.--Beginning with tax years commencing January 1, 1998, and
22 thereafter, each individual subject to the tax imposed by
23 Article III of the act of March 4, 1971 (P.L.6, No.2), known as
24 the "Tax Reform Code of 1971," whose tax liability for any year
25 is one dollar and fifty cents ($1.50) or more may designate one
26 dollar and fifty cents ($1.50) of his personal income taxes to
27 be paid into the Public Judicial Election Financing Fund. In the
28 case of married taxpayers filing a joint return, each spouse may
29 designate one dollar and fifty cents ($1.50) to be paid into the
30 fund if their tax liability is three dollars ($3.00) or more.
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1 All tax revenues designated under this section shall be paid
2 into the fund. The checkoff and instructions shall be
3 prominently displayed on the first page of the return form. The
4 instructions shall readily indicate that any designations under
5 this section neither increase nor decrease an individual's tax
6 liability.
7 Section 1605-A. Certification of Moneys in Public Judicial
8 Election Financing Fund.--By June 30 of each year, the State
9 Treasurer shall certify to the secretary the current balance
10 available in the Public Judicial Election Financing Fund.
11 Section 1606-A. Qualification for Public Funding.--(a) Any
12 candidate for a State-wide judicial office, as described in
13 section 1601-A, may apply for public funding under this article
14 if the candidate meets the contributory thresholds established
15 in subsection (b) and otherwise conforms to the requirements of
16 this article. No candidate shall be obligated to apply for
17 funding under this article and if any candidate elects not to
18 apply, the provisions of this article shall be inapplicable to
19 the person and the person's candidacy. Any candidate electing to
20 receive public funding must declare an intention to do so and
21 specify the State judicial office for which he is a candidate.
22 Any and all committees authorized to receive contributions or
23 make expenditures for the candidate who has so declared must
24 abide by the provisions of section 1612-A. Any candidate who for
25 any reason has his name withdrawn from the ballot for a State-
26 wide judicial election, after receipt of public funds, shall
27 return all moneys received to the fund and shall offer to return
28 all qualifying contributions for that State-wide judicial
29 office.
30 (b) (1) In order to qualify for public funding in the
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1 general election, a candidate must receive, subsequent to the
2 date of the primary election but prior to the date of the
3 general election, qualifying contributions of the following
4 amounts:
5 Office Qualifying Contributions Required
6 (i) Supreme Court Justice $25,000.00
7 (ii) Superior Court Judge 20,000.00
8 (iii) Commonwealth Court Judge 15,000.00
9 (2) In order to qualify for public funding in the primary
10 election, a candidate must receive, prior to the date of the
11 primary election but subsequent to the immediately preceding
12 general election, one-half of the amount specified in clause (1)
13 for the appropriate office.
14 (3) (i) The term "qualifying contribution" shall include
15 any contribution, as defined in section 1621(b), which has all
16 of the following characteristics:
17 (A) The contribution was made by an individual who is a
18 resident of Pennsylvania.
19 (B) The contribution was made by a written instrument which
20 indicates the contributor's full name and mailing residence and
21 is not intended to be returned to the contributor or transferred
22 to another political committee or candidate.
23 (ii) If a contributor receives goods or services of value in
24 return for a contribution, the qualifying contribution shall be
25 calculated as the original contribution, minus the fair market
26 value of the goods or services received.
27 (iii) Any contribution by an individual which exceeds one
28 hundred dollars ($100.00) in the aggregate shall be deemed only
29 a one hundred dollar ($100.00) qualifying contribution for the
30 purposes of this section and for the matching payment provisions
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1 of section 1607-A.
2 (c) The secretary shall select an auditor under the
3 provisions of section 1635(a). Each candidate who elects to
4 apply for public funding shall provide evidence that the
5 candidate has raised the qualifying contributions required by
6 this section, which evidence shall be verified and certified as
7 correct to the secretary by the auditor selected by the
8 secretary.
9 Section 1607-A. Public Funding Formula.--(a) Every
10 candidate who qualifies for public funding for either the
11 primary or the general election pursuant to section 1606-A shall
12 receive matching payments from the fund in the amount of one
13 dollar and fifty cents ($1.50) for each dollar of qualifying
14 contribution as defined in section 1606-A(b)(3).
15 (b) The one dollar and fifty cents ($1.50) for each dollar
16 of qualifying contributions authorized by this section shall be
17 provided only for qualifying contributions raised which exceed
18 the threshold amounts specified in section 1606-A(b) and not for
19 those qualifying contributions which are attributable to meeting
20 the threshold amounts necessary to qualify for public funding.
21 (c) (1) Only those qualifying contributions made during the
22 period between a declaration of candidacy and the primary
23 election shall be eligible for matching payments from the fund
24 for the primary election.
25 (2) Only those qualifying contributions made during the
26 period between the primary election and the general election
27 shall be eligible for matching payments from the fund for the
28 general election.
29 Section 1608-A. Limitations on Public Funding.--(a) Every
30 candidate who qualifies for and receives public funding under
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1 the formula established in section 1607-A shall be entitled to
2 receive no more than the maximum amount specified in subsection
3 (b) for the office the candidate is seeking.
4 (b) (1) The maximum amount of public funding available for
5 the general election for each candidate under this article shall
6 be as follows:
7 Office Maximum Public Funding
8 (i) Supreme Court Justice $100,000.00
9 (ii) Superior Court Judge 75,000.00
10 (iii) Commonwealth Court Judge 50,000.00
11 (2) The maximum amount of public funding available for the
12 primary election for each candidate under this article shall be
13 one-half of the appropriate figure in clause (1).
14 (c) Notwithstanding any other provisions of this article,
15 public funding shall not be provided to the following:
16 (1) Candidates in the general election who have been
17 nominated by both major political parties.
18 (2) Candidates who are running in a judicial retention
19 election.
20 (3) Candidates in the primary election who are unopposed for
21 the nomination.
22 (d) As used in this article:
23 "Major political party" shall mean a political party whose
24 candidate for Governor received either the highest or second
25 highest number of votes in the preceding gubernatorial election.
26 "Secretary" shall mean the Secretary of the Commonwealth.
27 "Unopposed candidate" shall mean any candidate who is the
28 only candidate for election to an office who reaches the
29 qualifying contribution threshold prescribed in section 1606-
30 A(b).
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1 Section 1609-A. Time of Payments.--(a) Beginning ninety
2 (90) days prior to the relevant primary or general election, the
3 secretary shall make payments authorized by this article at
4 least every two (2) weeks. However, except for the final
5 payment, no payment shall be due or paid if the amount of the
6 payment does not equal at least five thousand dollars
7 ($5,000.00).
8 (b) If, in the secretary's opinion, insufficient funds exist
9 in the Public Judicial Election Financing Fund to provide
10 anticipated full funding to eligible candidates in a given
11 primary or general election, the secretary shall distribute the
12 available funds to qualified candidates on a pro rata basis. In
13 determining whether sufficient funds are available, the
14 secretary shall not take into consideration the needs of any
15 subsequent primary or general election, but shall base the
16 decision solely on the immediate primary or general election at
17 hand.
18 Section 1610-A. Use of Public Funds by Candidates.--(a)
19 Public funds distributed to candidates under this article may be
20 used only for the election for which they are distributed and
21 only for the following:
22 (1) Radio and television time.
23 (2) Billboard rental.
24 (3) Newspaper advertising.
25 (4) Production costs of advertising.
26 (5) Printing and mailing of campaign literature.
27 (6) Legal and accounting fees.
28 (7) Telephone expenses.
29 (8) Campaign office rental.
30 (9) Travel expenses.
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1 (b) Public funds distributed to a candidate under 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 1611-A. Expenditures.--(a) Expenditures made by a
6 candidate and the candidate's authorized committees, for all
7 purposes and from all sources, including, but not limited to,
8 amounts of public funds distributed under this article, proceeds
9 of loans, gifts, contributions from any source or personal
10 funds, subsequent to the date of the primary election, but prior
11 to the date of the general election, may not exceed three
12 hundred thousand dollars ($300,000.00).
13 (b) Expenditures made by a candidate and the candidate's
14 authorized committees, subsequent to January 1 but prior to the
15 date of the primary election, may not exceed one-half of the
16 amount specified in subsection (a).
17 Section 1612-A. Limitations on Certain Contributions.--(a)
18 Any candidate who applies for and receives public financing
19 under this article shall not accept contributions for the
20 election for which the public funds were provided which exceed
21 the following limits:
22 Contributor Limit
23 (1) Individual $2,500.00
24 (2) Candidate and spouse 25,000.00
25 (3) Political action committee
26 as defined in section 1621(l) 2,500.00
27 (4) Partnerships 2,500.00
28 (b) Aggregate contributions during the year of the election
29 by a political party committee or candidate's political
30 committee to candidates receiving public financing shall not
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1 exceed the sum of contributions from individuals to the
2 committee, provided that whenever, during the year of the
3 election, contributions from an individual exceed one thousand
4 dollars ($1,000.00) in the aggregate, only one thousand dollars
5 ($1,000.00) shall be included in that sum.
6 Section 1613-A. Inflation Indexing of Certain Limitations.--
7 The dollar figures contained in sections 1606-A, 1608-A and
8 1612-A shall be adjusted annually during March at a rate equal
9 to the average percentage change in the All-Urban Consumer Price
10 Index for the Pittsburgh, Philadelphia and Scranton standard
11 metropolitan statistical areas as published by the Bureau of
12 Labor Statistics of the United States Department of Labor, or
13 any successor agency, occurring in the prior calendar year. The
14 base year shall be 1997. The average shall be calculated and
15 certified by the secretary annually by adding the percentage
16 increase in each of the three (3) areas and dividing by three
17 (3). The calculation and resulting new figures shall be
18 published in the Pennsylvania Bulletin during March.
19 Section 1614-A. Annual Report.--The secretary shall report
20 annually to the General Assembly and the Governor on the
21 operations of public judicial campaign financing as provided by
22 this article. The report shall include, but not be limited to,
23 the revenues and expenditures in the Public Judicial Election
24 Financing Fund, the amounts distributed to candidates, the
25 results of any audits performed in accordance with the
26 provisions of this article and any prosecutions brought for
27 violations of this article.
28 Section 1615-A. Return of Excess Funds.--All unexpended
29 campaign funds in the possession of a candidate and the
30 candidate's authorized committees sixty (60) days after the
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1 election, up to the amount of the funds which were distributed
2 to the candidate under this article, shall be returned to the
3 secretary for deposit in the Public Judicial Election Financing
4 Fund.
5 Section 1616-A. Penalties.--(a) A person who violates the
6 provisions of this article and who, as a result, obtains public
7 funds to which the person is not entitled commits a misdemeanor
8 of the first degree and shall, upon conviction, be sentenced to
9 pay a fine not to exceed the greater of ten thousand dollars
10 ($10,000.00) or three (3) times the amount of funds wrongfully
11 obtained, or imprisonment for up to five (5) years, or both.
12 (b) A person who violates section 1610-A or 1611-A of this
13 act commits a misdemeanor of the first degree and shall, upon
14 conviction, be sentenced to pay a fine not to exceed the greater
15 of ten thousand ($10,000.00) or three (3) times the amount of
16 funds that were wrongfully used or expended, or to imprisonment
17 for up to five (5) years, or both.
18 (c) Except as provided in subsections (a) and (b) of this
19 section, a person who violates any provision of this act commits
20 a misdemeanor of the third degree and shall, upon conviction, be
21 sentenced to pay a fine of not more than one thousand dollars
22 ($1,000.00) or imprisonment for up to one (1) year, or both.
23 Section 2. Section 12 of the act of June 23, 1982 (P.L.597,
24 No.170), known as the Wild Resource Conservation Act, is
25 repealed insofar as it is inconsistent with this act.
26 Section 3. This act shall apply to returns of taxpayers
27 filed in calendar years commencing January 1, 1998, and
28 thereafter. Public funding shall be first provided for
29 candidates for Statewide office in the primary election in 1999
30 and in each primary, municipal and general election thereafter.
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1 Section 4. This act shall take effect immediately.
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