PRINTER'S NO. 522
No. 478 Session of 2007
INTRODUCED BY C. WILLIAMS, FONTANA, RAFFERTY, STOUT, GORDNER,
MUSTO, COSTA, WAUGH, BOSCOLA, FERLO, WASHINGTON, BAKER, EARLL
AND WOZNIAK, MARCH 15, 2007
REFERRED TO STATE GOVERNMENT, MARCH 15, 2007
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 advertising.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1638 of the act of June 3, 1937
15 (P.L.1333, No.320), known as the Pennsylvania Election Code,
16 added October 4, 1978 (P.L.893, No.171), is amended to read:
17 Section 1638. Advertising.--
18 (a) Whenever any person makes an expenditure for the purpose
19 of financing communications expressly advocating the election or
20 defeat of a candidate, or ballot questions, through any
21 broadcasting station, newspaper, magazine, outdoor advertising
22 facility, direct mailing, e-mail, Internet advertising,
1 automatic dialing-announcing device, facsimile or any other type
2 of general public political advertising, such communication:
3 (1) If authorized by the candidate, his authorized political
4 committee or their agents, shall clearly and conspicuously state
5 that the communication has been authorized.
6 (2) If not authorized by a candidate, his authorized
7 political committee, or their agents, shall clearly and
8 conspicuously state the name of the person who made or financed
9 the expenditure for the communication, including, in the case of
10 a political committee the name of any affiliated or connected
11 organization.
12 (a.1) No person shall contact residential telephone
13 subscribers in this Commonwealth between the hours of 9 p.m. and
14 8 a.m.
15 (b) (1) No candidate for public office, or political
16 committee or party acting on his behalf, shall place any
17 advertisement referring to an opposing candidate for the same
18 office which is to be broadcast or published during the one
19 hundred and twenty (120) hours immediately prior to an election
20 or published in a weekly newspaper or periodical during the
21 eight (8) days immediately prior to an election, with a
22 television or radio broadcasting station, newspaper or
23 periodical, unless he has first given a copy of the material to
24 appear or be used in the advertisement and reasonable notice to
25 the opposing candidate and the county board of elections of the
26 county where the advertisement is to be placed in sufficient
27 time for a reply advertisement to be published or broadcast at
28 the same approximate time or in the same issue of the
29 publication or on the same radio or television broadcast as the
30 original advertisement and prior to the election in question.
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1 (2) The reasonable notice referred to in clause (1) shall be
2 given in writing by registered mail, return receipt requested,
3 addressee signature only, with a true copy of the material
4 enclosed to appear or be used in the advertisement so as to
5 afford the recipient sufficient time to place a reply
6 advertisement to be published or broadcast at the same
7 approximate time or in the same issue of the publication or on
8 the same radio or television broadcast as the original
9 advertisement and prior to the election in question.
10 (3) Any person, firm or corporation, political committee or
11 party or member thereof, violating any of the provisions of this
12 section, shall be guilty of a misdemeanor, and upon conviction
13 thereof, shall be sentenced to pay a fine not exceeding one
14 thousand dollars ($1,000), or to undergo an imprisonment of not
15 less than one (1) month nor more than two (2) years, or both, in
16 the discretion of the court.
17 Section 2. This act shall take effect in 60 days.
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