THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CLYMER, D. COSTA, CUTLER, DAVIS, DeLUCA, DENLINGER, FARRY, FLECK, GABLER, GILLEN, GINGRICH, GOODMAN, GRELL, HARRIS, HORNAMAN, JOSEPHS, KAVULICH, KNOWLES, LAWRENCE, LONGIETTI, MARSHALL, MILLARD, MILLER, MILNE, MUNDY, MURT, M. O'BRIEN, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROAE, SCHRODER, K. SMITH, STERN, SWANGER, VULAKOVICH, WAGNER AND WHITE, MARCH 7, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 7, 2011  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in primary and election expenses, defining

"prerecorded political message"; and further providing for

advertising.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1621 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, is

amended by adding a subsection to read:

Section 1621.  Definitions.--As used in this article, the

following words have the following meanings:

* * *

(n)  The words "prerecorded political message" shall mean a

prerecorded or synthesized voice message by:

(1)  A political candidate or political party.

(2)  A person when the content of the message advocates the

success or defeat of any candidate, party or measure at any

election or contains information about any candidate or party.

Section 2.  Section 1638 of the act, added October 4, 1978

(P.L.893, No.171), is amended to read:

Section 1638.  Advertising.--

(a)  [Whenever] Except as provided under subsection (c),

whenever any person makes an expenditure for the purpose of

financing communications expressly advocating the election or

defeat of a candidate, or ballot questions, through any

broadcasting station, newspaper, magazine, outdoor advertising

facility, direct mailing, or any other type of general public

political advertising, such communication:

(1)  If authorized by the candidate, his authorized political

committee or their agents, shall clearly and conspicuously state

that the communication has been authorized.

(2)  If not authorized by a candidate, his authorized

political committee, or their agents, shall clearly and

conspicuously state the name of the person who made or financed

the expenditure for the communication, including, in the case of

a political committee the name of any affiliated or connected

organization.

(b)  (1)  No candidate for public office, or political

committee or party acting on his behalf, shall place any

advertisement referring to an opposing candidate for the same

office which is to be broadcast or published during the one

hundred and twenty (120) hours immediately prior to an election

or published in a weekly newspaper or periodical during the

eight (8) days immediately prior to an election, with a

television or radio broadcasting station, newspaper or

periodical, unless he has first given a copy of the material to

appear or be used in the advertisement and reasonable notice to

the opposing candidate and the county board of elections of the

county where the advertisement is to be placed in sufficient

time for a reply advertisement to be published or broadcast at

the same approximate time or in the same issue of the

publication or on the same radio or television broadcast as the

original advertisement and prior to the election in question.

(2)  The reasonable notice referred to in clause (1) shall be

given in writing by registered mail, return receipt requested,

addressee signature only, with a true copy of the material

enclosed to appear or be used in the advertisement so as to

afford the recipient sufficient time to place a reply

advertisement to be published or broadcast at the same

approximate time or in the same issue of the publication or on

the same radio or television broadcast as the original

advertisement and prior to the election in question.

(3)  Any person, firm or corporation, political committee or

party or member thereof, violating any of the provisions of this

section, shall be guilty of a misdemeanor, and upon conviction

thereof, shall be sentenced to pay a fine not exceeding one

thousand dollars ($1,000), or to undergo an imprisonment of not

less than one (1) month nor more than two (2) years, or both, in

the discretion of the court.

(c)  Whenever any person makes an expenditure for the purpose

of financing communications to influence the outcome of an

election, through a prerecorded political message, such

communication:

(1)  If authorized by the candidate, his authorized political

committee or their agents shall clearly and conspicuously state

the communication has been authorized.

(2)  If not authorized by a candidate, his authorized

political committee or their agents shall clearly and

conspicuously state the name of the person who made or financed

the expenditure for the communication, including, in the case of

a political committee, the name of any affiliated or connected

organization.

Section 3.  This act shall take effect in 60 days.