PRINTER'S NO. 4545
No. 2825 Session of 2008
INTRODUCED BY FREEMAN, ARGALL, BENNINGTON, BOYD, BRENNAN,
GEORGE, MAHONEY, MELIO, MOUL, NAILOR, M. O'BRIEN, ROCK,
SIPTROTH, K. SMITH, GIBBONS, SONNEY, GINGRICH, BENNINGHOFF
AND MURT, OCTOBER 15, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 15, 2008
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," defining "mass mailing," "public communication,"
12 "electioneering communication" and "targeting to relevant
13 electorate"; providing for disclosure of electioneering
14 communications; and further providing for contributions or
15 expenditures by national banks, corporations or
16 unincorporated associations.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 1621 of the act of June 3, 1937
20 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
21 amended by adding definitions to read:
22 Section 1621. Definitions.--As used in this article, the
23 following words have the following meanings:
24 * * *
1 (c.1) The words "electioneering communication" shall mean
2 the following:
3 (1) Any broadcast, cable or satellite communication which:
4 (i) refers to a clearly identified candidate; and
5 (ii) is made within:
6 (A) sixty (60) days before a municipal, general or special
7 election for the office sought by the candidate or thirty (30)
8 days before a primary of a political party that has authority to
9 nominate a candidate for the office sought by the candidate; and
10 (B) is targeted to the relevant electorate.
11 (2) The term shall not include:
12 (i) a communication appearing in a news story, commentary or
13 editorial distributed through the facilities of any broadcasting
14 station, unless such facilities are owned or controlled by any
15 political party, political committee or candidate;
16 (ii) a communication which constitutes an expenditure or an
17 independent expenditure under this act;
18 (iii) a communication which constitutes a candidate debate
19 or forum or which solely promotes such a debate or forum and is
20 made by or on behalf of the person sponsoring the debate or
21 forum;
22 (iv) a communication made regarding a candidate for any
23 local office, including the office of judge of the court of
24 common pleas;
25 (v) a communication made regarding a candidate for any
26 political party office; or
27 (vi) any other communication exempted under such regulations
28 as the Secretary of the Commonwealth may promulgate to ensure
29 appropriate implementation of this article, except that under
30 any regulation, a communication may not be exempted if it meets
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1 the requirements of this subclause and is a public communication
2 that refers to a clearly identified candidate for office that
3 promotes or supports a candidate for that office, or attacks or
4 opposes a candidate for that office, regardless of whether the
5 communication expressly advocates a vote for or against a
6 candidate.
7 * * *
8 (f.1) The words "mass mailing" shall mean a mailing by
9 United States mail or a facsimile of more than five hundred
10 (500) pieces of mail matter of an identical or substantially
11 similar nature within any thirty-day period.
12 * * *
13 (i.1) The words "public communication" shall mean a
14 communication by means of any broadcast, cable, satellite
15 communication, newspaper, magazine, outdoor advertising
16 facility, mass mailing, telephone bank to the general public or
17 any other form of general public political advertising.
18 * * *
19 (j.1) The words "targeting to relevant electorate" shall
20 mean a communication which refers to a clearly identified
21 candidate, if the communication can be received by:
22 (1) fifty thousand (50,000) or more persons in this
23 Commonwealth in the case of a candidate for a Statewide office;
24 (2) twenty thousand (20,000) or more persons in the district
25 the candidate seeks to represent in the case of a candidate for
26 the Senate of the Commonwealth of Pennsylvania; or
27 (3) five thousand (5,000) or more persons in the district
28 the candidate seeks to represent in the case of a candidate for
29 the House of Representatives of the Commonwealth of
30 Pennsylvania.
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1 * * *
2 Section 2. The act is amended by adding a section to read:
3 Section 1626.2. Disclosure of Electioneering
4 Communications.--
5 (a) Every person who makes a disbursement for the direct
6 costs of producing and airing electioneering communications in
7 an aggregate amount in excess of ten thousand dollars ($10,000)
8 during any calendar year shall, within twenty-four (24) hours of
9 each disclosure date, file with the appropriate supervisor a
10 statement containing the information described in subsection
11 (b). If the twenty-four-hour period ends on a Saturday, Sunday,
12 holiday or any time after the close of business, the statement
13 shall be filed on the next business day.
14 (b) Each statement required to be filed under this section
15 shall be made under penalty of perjury and shall contain the
16 following information:
17 (1) If the person making the disbursement is an individual,
18 the name, home address, occupation and employer of the
19 individual.
20 (2) If the person making the disbursement is not an
21 individual, the name and address of the person's principal place
22 of business.
23 (3) The name of any person sharing or exercising direction
24 or control of the person named under clause (1) or (2), as well
25 as the name of the custodian of the accounts of the person named
26 under clause (1) or (2).
27 (4) The amount of each disbursement of more than two hundred
28 fifty dollars ($250) during the period covered by the statement
29 and the name of the person to whom the disbursement was made.
30 (5) The elections to which the electioneering communications
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1 pertain and the names, if known, of the candidates identified or
2 to be identified.
3 (6) If the disbursements were paid out of a segregated bank
4 account which consists of funds contributed solely by
5 individuals who are United States citizens or nationals or
6 lawfully admitted for permanent residence, as defined in section
7 101(a)(20) of the Immigration and Nationality Act (66 Stat. 163,
8 8 U.S.C. § 101(a)(20)), the names and addresses of all
9 contributors who contributed an aggregate amount of one thousand
10 dollars ($1,000) or more during the period beginning on the
11 first day of the preceding calendar year and ending on the
12 disclosure date. Nothing in this clause shall be construed to
13 prohibit the use of funds in the segregated account for a
14 purpose other than electioneering communications.
15 (7) If the disbursements were paid out of funds not
16 described in clause (6), the names and addresses of all
17 contributors who contributed an aggregate amount of one thousand
18 dollars ($1,000) or more to the person making the disbursement
19 during the period beginning on the first day of the preceding
20 calendar year and ending on the disclosure date.
21 (c) For purposes of this section, a person shall be treated
22 as having made a disbursement if the person has executed a
23 contract to make the disbursement.
24 (d) Any requirement to report under this section shall be in
25 addition to any other reporting requirement under this act.
26 (e) Nothing in this section may be construed to establish,
27 modify or otherwise affect the definition of "political
28 activities" or "electioneering activities," including the
29 definition of "participating in, intervening in or influencing
30 or attempting to influence a political campaign on behalf of or
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1 in opposition to any candidate for public office," for purposes
2 of the Internal Revenue Code of 1986 (Public Law 99-514, 26
3 U.S.C. § 1 et seq.).
4 (f) A person who fails to make a statement as required under
5 this section shall be subject to prosecution under 18 Pa.C.S. §
6 4902 (relating to perjury).
7 (g) For purposes of this section, the following words and
8 phrases shall have the meaning ascribed in this subsection:
9 The words "disclosure date" shall mean the first date during
10 any calendar year by which a person has made disbursements for
11 the direct costs of producing or airing electioneering
12 communications aggregating in excess of ten thousand dollars
13 ($10,000); and any other date during such calendar year by which
14 a person has made disbursements for the direct costs of
15 producing or airing electioneering communications aggregating in
16 excess of ten thousand dollars ($10,000) since the most recent
17 disclosure date for the calendar year.
18 Section 3. Section 1633 of the act is amended by adding a
19 subsection to read:
20 Section 1633. Contributions or Expenditures by National
21 Banks, Corporations or Unincorporated Associations.--* * *
22 (e) (1) The following shall apply:
23 (i) An electioneering communication shall be treated as made
24 by an entity described in subsection (a) if an entity pursuant
25 to subsection (a) directly or indirectly disburses any amount
26 for any of the costs of the communication.
27 (ii) A section 501(c)(4) organization that derives amounts
28 from business activities or receives funds from any entity
29 pursuant to subsection (a) of this section shall be considered
30 to have paid for any communication out of such amounts unless
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1 such organization paid for the communication out of a segregated
2 account to which only individuals can contribute, as described
3 in section 1626.2(b)(6) of this act.
4 (iii) An electioneering communication does not include a
5 communication by a section 501(c)(4) organization or a political
6 organization, as defined in section 527(e)(1) of the Internal
7 Revenue Code of 1986 (Public Law 95-514, 26 U.S.C. § 1527(e))
8 made under section 1626.2(b)(6) or (7) of this act if the
9 communication is paid for exclusively by funds provided directly
10 by individuals who are United States citizens or nationals or
11 lawfully admitted for permanent residence, as defined in section
12 101(a)(20) of the Immigration and Nationality Act (66 Stat. 163,
13 8 U.S.C. § 101(a)(20)). For purposes of this subclause, the term
14 "provided directly by individuals" does not include funds the
15 source of which is an entity described in subsection (a) of this
16 section.
17 (2) Nothing in this subsection shall be construed to
18 authorize an organization exempt from taxation under section
19 501(a) of the Internal Revenue Code of 1986 (Public Law 99-514,
20 26 U.S.C. § 501(a)) to carry out any activity which is
21 prohibited under Federal law.
22 (3) An entity described in subsection (a) is prohibited from
23 expressly advocating for the election or defeat of a candidate.
24 A communication includes indicia of express advocacy if it
25 mentions any election, candidate, political party, opposing
26 candidate or voting by the general public or takes a position on
27 any candidate's or office holder's character, qualifications or
28 fitness for office. Content that would support a determination
29 that a communication has an interpretation other than as an
30 appeal to vote for or against a clearly identified candidate
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1 includes content that:
2 (i) focuses on a public policy issue and either urges a
3 candidate to take a position on the issue or urges the public to
4 contact the candidate about the issue;
5 (ii) proposes a commercial transaction, such as purchase of
6 a book, video or other product or service, or such as
7 attendance, for a fee, at a film exhibition or other event; or
8 (iii) includes a call to action or other appeal that,
9 interpreted in conjunction with the rest of the communication,
10 urges an action other than voting for or against or contributing
11 to a clearly identified candidate or political party.
12 (4) A person shall be treated as having made a disbursement
13 if the person has executed a contract to make the disbursement.
14 (5) For purposes of this subsection, the following words and
15 phrases shall have the meaning ascribed in this clause:
16 The words "section 501(c)(4) organization" shall mean an
17 organization which:
18 (i) is described in section 501(c)(4) of the Internal
19 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. 26 §
20 501(c)(4)) and is exempt from taxation under section 501(a) of
21 the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
22 § 501(a)); or
23 (ii) has submitted an application to the Internal Revenue
24 Service for determination of its status as an organization
25 described in subclause (i).
26 The words "targeted communication" shall mean an
27 electioneering communication that is distributed from a
28 television or radio broadcast station or provider of cable or
29 satellite television service and is targeted to the relevant
30 electorate.
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1 Section 4. This act shall take effect in 60 days.
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