| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY WAGNER, CALTAGIRONE, CARROLL, DALEY, DeLUCA, DePASQUALE, FREEMAN, GIBBONS, GOODMAN, HORNAMAN, JOSEPHS, MUNDY, MURPHY, PASHINSKI, PAYTON AND SANTARSIERO, JULY 18, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 18, 2011 |
| |
| |
| |
| 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 defining "expenditure" and "political |
12 | action committee"; adding definitions of "affiliate" or |
13 | "affiliated committee" and "in-kind contributions"; providing |
14 | for contribution limitations and independent expenditures; |
15 | and further providing for reporting by candidate and |
16 | political committees and other persons, for pre-election |
17 | reports by certain candidates, for late filing fees, for |
18 | contributions or expenditures by national banks, corporations |
19 | or unincorporated associations and for reports by business |
20 | entities and for publication by Secretary of the |
21 | Commonwealth. |
22 | The General Assembly finds and declares as follows: |
23 | The Commonwealth has a compelling governmental interest to |
24 | protect the integrity of the government from actual corruption |
25 | or the perception of corruption. The General Assembly recognizes |
26 | that when people, associations or entities provide monetary |
|
1 | support for elected government officials or candidates who are |
2 | seeking governmental offices, there arises the perception of, if |
3 | not actual, corruption. The perception of corruption and actual |
4 | corruption can be prevented by regulating the contributions that |
5 | can be made to elected governmental officials and candidates who |
6 | are seeking governmental offices. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1621(d) and (l) of the act of June 3, |
10 | 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
11 | Code, amended or added October 4, 1978 (P.L.893, No.171) and |
12 | July 21, 1979 (P.L.189, No.63), are amended and the section is |
13 | amended by adding subsections to read: |
14 | Section 1621. Definitions.--As used in this article, the |
15 | following words have the following meanings: |
16 | * * * |
17 | (d) The word "expenditure" shall mean: |
18 | (1) The payment, distribution, loan or advancement of money |
19 | or any valuable thing by a candidate, political committee or |
20 | other person for the purpose of influencing the outcome of an |
21 | election; Provided, however, That such payment, distribution, |
22 | loan or advancement of money or any valuable thing must be made |
23 | only for legitimate and verifiable expenses directly and |
24 | exclusively incurred for the campaign in which the candidate is |
25 | running in the contemporaneous election cycle and not for any |
26 | inherently personal purpose. "Inherently personal purpose" means |
27 | a purpose that, by its nature, confers a personal benefit, |
28 | including expenditures such as a home mortgage, rent, utility |
29 | payment, clothing purchase, noncampaign automobile expense, |
30 | country club membership, vacation or a trip of a noncampaign |
|
1 | nature, household food items, tuition payments, admission to a |
2 | sporting event, concert, theater or other form of entertainment |
3 | and other such expenditures not specifically and directly |
4 | necessary for the conduct of the campaign. |
5 | (2) The payment, distribution, loan, advance or transfer of |
6 | money or other valuable thing between or among political |
7 | committees; |
8 | (3) The providing of a service or other valuable thing for |
9 | the purpose of influencing the outcome of a nomination or |
10 | election of any person to any public office to be voted for in |
11 | this Commonwealth; or |
12 | (4) The payment or providing of money or other valuable |
13 | thing by any person other than a candidate or political |
14 | committee, to compensate any person for services rendered to a |
15 | candidate or political committee. |
16 | * * * |
17 | (l) The words "Political Action Committee" shall mean any |
18 | political committee as defined in subsection (h) which receives |
19 | contributions and makes expenditures to, or on behalf of, any |
20 | candidate other than a candidate's own authorized political |
21 | committees or the political committees of any State, county, |
22 | city, borough, township, ward or other regularly constituted |
23 | party committee of any political party or political body. A |
24 | political action committee which is established, maintained or |
25 | controlled by a sponsoring organization such as a corporation, |
26 | labor organization, membership association, not-for-profit |
27 | organization or trade or professional association shall include |
28 | in its registered name the full name of its sponsoring |
29 | organization. |
30 | * * * |
|
1 | (n) The words "affiliate" or "affiliated committee" shall |
2 | include: |
3 | (1) Any committee established or authorized by a candidate |
4 | as part of his or her campaign for the same election for office. |
5 | (2) Any committee established, financed, maintained or |
6 | controlled by the same corporation, labor organization, |
7 | membership association, not-for-profit organization or trade or |
8 | professional association, person or group of persons, including |
9 | any parent, subsidiary, branch, division, department or local |
10 | unit thereof. Local units may include, in appropriate cases, a |
11 | franchisee, licensee or regional association. |
12 | (o) The words "in-kind contribution" shall mean a |
13 | contribution of goods, services, property or any valuable thing |
14 | offered free or at less than the usual and normal charge for |
15 | such goods or services, but shall not include any legal or |
16 | accounting services rendered to or on behalf of any political |
17 | committee of a political party, an authorized committee of a |
18 | candidate or any other political committee, if such services are |
19 | solely for the purpose of ensuring compliance with this article. |
20 | Such legal or accounting services, however, shall be reported |
21 | pursuant to section 1631. |
22 | Section 2. Section 1626(a), (b) and (d) of the act, amended |
23 | or added October 4, 1978 (P.L.893, No.171) and July 11, 1980 |
24 | (P.L.600, No.128), are amended and the section is amended by |
25 | adding a subsection to read: |
26 | Section 1626. Reporting by Candidate and Political |
27 | Committees and other Persons.-- |
28 | (a) Each treasurer of a political committee and each |
29 | candidate for election to public office shall file with the |
30 | appropriate supervisor reports of receipts and expenditures on |
|
1 | forms, designed by the Secretary of the Commonwealth, if the |
2 | amount received or expended or liabilities incurred shall exceed |
3 | the sum of two hundred fifty dollars ($250). Should such an |
4 | amount not exceed two hundred fifty dollars ($250), then the |
5 | candidate or, in the case of a political committee, the |
6 | treasurer of the committee shall file a sworn statement to that |
7 | effect with the appropriate supervisor rather than the report |
8 | required by this section[.]: Provided, however, That if the |
9 | amount received or expended by a candidate does not exceed two |
10 | hundred fifty dollars ($250) he or she may comply with this |
11 | section by signing an affidavit to that effect on his/her |
12 | political committee's report or statement. |
13 | (b) Each report shall include the following information: |
14 | (1) The full name, mailing address, specific occupation and |
15 | specific name of the employer, if any, or the principal place of |
16 | business, if self-employed, of each person who has made one or |
17 | more contributions to or for such committee or candidate within |
18 | the reporting period in an aggregate amount or value in excess |
19 | of [two hundred fifty dollars ($250)] one hundred dollars |
20 | ($100), together with the amount and date of such contributions. |
21 | The accuracy of the information furnished to the candidate or |
22 | committee shall be the responsibility of the contributor. |
23 | (2) The full name and mailing address of each person [who] |
24 | and political committee that has made one or more contributions |
25 | to or for such committee or candidate within the reporting |
26 | period in an aggregate amount or value in excess of fifty |
27 | dollars ($50), together with the amount and date of such |
28 | contributions. The accuracy of the information furnished by the |
29 | contributor shall be the responsibility of the contributor. |
30 | (3) The total sum of individual contributions made to or for |
|
1 | such committee or candidate during the reporting period and not |
2 | reported under clauses (1) and (2): Provided, however, That when |
3 | individual contributions under fifty dollars ($50) made to one |
4 | single fundraising event in which the total sum raised was two |
5 | thousand five hundred dollars ($2,500) or more the report must |
6 | list the names and addresses of all contributors to that event. |
7 | (4) Each and every expenditure, the date made, the full name |
8 | and address of the person to whom made and the purpose for which |
9 | such expenditure was made. In the event the creditor is a credit |
10 | card company or like instrumentality that is an intermediary for |
11 | collecting payments due, it shall not be sufficient to list the |
12 | name of the collecting organization. Rather, the report shall |
13 | identify the credit card company and also the specific entities |
14 | and payments being paid through the credit card company or like |
15 | entity. In the event the payment is being made by a committee to |
16 | a creditor for expenses on behalf of more than one candidate, |
17 | the amounts of payments and purposes of the payments shall be |
18 | broken down to identify each candidate's share of the incurred |
19 | expenses. |
20 | (5) Any unpaid debts and liabilities, with the nature and |
21 | amount of each, the date incurred and the full name and address |
22 | of the person owed. |
23 | (6) The account shall include any unexpended balance of |
24 | contributions or other receipts appearing from the last account |
25 | filed. |
26 | * * * |
27 | (d) Pre-election reports by candidates for offices to be |
28 | voted for by the electors of the State at large, candidates for |
29 | the office of Senator in the General Assembly, candidates for |
30 | the office of Representative in the General Assembly and all |
|
1 | political committees, which have expended money for the purpose |
2 | of influencing the election of such [candidate] candidates, |
3 | shall be filed not later than the sixth Tuesday before and the |
4 | second Friday before an election, provided that the initial pre- |
5 | election report shall be complete as of fifty (50) days prior to |
6 | the election and the subsequent pre-election report shall be |
7 | complete as of fifteen (15) days prior to the election. Pre- |
8 | election reports by all other candidates and political |
9 | committees which have received contributions or made |
10 | expenditures for the purpose of influencing an election shall be |
11 | filed not later than the second Friday before an election, |
12 | provided that such report be complete as of fifteen (15) days |
13 | prior to the election. |
14 | (d.1) During non-election years in which subsection (d) is |
15 | not operative, an elected official or announced candidate for |
16 | elective office shall file quarterly reports if he or she |
17 | receives more than two hundred fifty dollars ($250) during the |
18 | respective calendar quarter. Reports shall be due at the end of |
19 | each calendar quarter. |
20 | * * * |
21 | Section 3. The act is amended by adding a section to read: |
22 | Section 1627.1. Limitations on Certain Contributions.-- |
23 | (a) Aggregate contributions, including in-kind |
24 | contributions, from any person to any candidate for the office |
25 | of Senator or Representative in the General Assembly, court of |
26 | common pleas or a county or local office, his authorized |
27 | committee or agent shall not exceed five hundred dollars ($500) |
28 | for each election. Furthermore, for each election, no such |
29 | candidate, his authorized committee or agent shall accept or |
30 | receive more than five hundred dollars ($500) in aggregate |
|
1 | contributions, including in-kind contributions from any person. |
2 | (b) Aggregate contributions, including in-kind |
3 | contributions, from any person to any candidate for Statewide |
4 | office, his authorized committee or agent shall not exceed two |
5 | thousand four hundred dollars ($2,400) for each election. |
6 | Furthermore, for each election, no candidate, his authorized |
7 | committee or agent shall accept or receive more than two |
8 | thousand dollars ($2,000) in aggregate contributions, including |
9 | in-kind contributions from any person. |
10 | (c) For each election aggregate contributions, including in- |
11 | kind contributions, from a single political action committee, |
12 | its affiliate or agent or candidate's political committee, its |
13 | affiliate or agent to any candidate for Statewide office, the |
14 | office of Senator or Representative in the General Assembly, |
15 | court of common pleas or a county or local office, his |
16 | authorized committee or agent shall not exceed: |
17 | (1) one thousand dollars ($1,000) from a political action |
18 | committee having ten or fewer donors; |
19 | (2) two thousand dollars ($2,000) from a political action |
20 | committee having at least eleven but not more than fifty donors; |
21 | (3) three thousand dollars ($3,000) from a political action |
22 | committee having at least fifty-one but not more than one |
23 | hundred donors; |
24 | (4) four thousand dollars ($4,000) from a political action |
25 | committee having at least one hundred one but not more than one |
26 | thousand donors; |
27 | (5) five thousand dollars ($5,000) from a political action |
28 | committee having more than one thousand donors. Furthermore, for |
29 | each election, no candidate for such office, his authorized |
30 | committee or agent shall accept or receive more than the |
|
1 | applicable amount or amounts as specified in this subsection in |
2 | aggregate contributions, including in-kind contributions, from a |
3 | single political action committee or agent or candidate's |
4 | political committee; and |
5 | (6) for the purposes of subsection (c), a donor is a single |
6 | person or single committee regardless of the number of |
7 | contributions made by that person or committee during the |
8 | election cycle. |
9 | (d) Aggregate contributions, including in-kind |
10 | contributions, from all political party committees, affiliates |
11 | or agents to any candidate for the office of Senator or |
12 | Representative in the General Assembly, court of common pleas or |
13 | a county or local office, his authorized committee or agent, |
14 | shall not exceed one hundred thousand dollars ($100,000) per |
15 | election. A candidate for the office of Senator or |
16 | Representative in the General Assembly, court of common pleas or |
17 | a county or local office, his authorized committee or agent |
18 | shall not accept in excess of one hundred thousand dollars |
19 | ($100,000) in aggregate contributions, including in-kind |
20 | contributions from all political party committees, affiliates or |
21 | agents. |
22 | (e) Aggregate contributions, including in-kind |
23 | contributions, from all political party committees, affiliates |
24 | or agents to any candidate for Statewide office, his authorized |
25 | committee or agent, or any political action committee, its |
26 | affiliate or agent or political party committee, its affiliate |
27 | or agent, or any other political committee, its affiliate or |
28 | agent, shall not exceed two hundred fifty thousand dollars |
29 | ($250,000) per election. A candidate for the office of Senator |
30 | or Representative in the General Assembly, court of common pleas |
|
1 | or a county or local office, his authorized committee or agent |
2 | shall not accept in excess of two hundred fifty thousand dollars |
3 | ($250,000) in aggregate contributions, including in-kind |
4 | contributions from all political party committees, affiliates or |
5 | agents. |
6 | (f) Aggregate contributions, including in-kind |
7 | contributions, from any individual person or a single political |
8 | action committee, its affiliate or agent or any single |
9 | candidate's political committee, its affiliate or agent to a |
10 | single political action committee, its affiliate or agent shall |
11 | not exceed five thousand dollars ($5,000) during any calendar |
12 | year. Furthermore, for each election, no political action |
13 | committee, its affiliate or agent shall accept or receive more |
14 | than five thousand dollars ($5,000) in aggregate contributions, |
15 | including in-kind contributions, from any individual person or a |
16 | single political action committee, its affiliate or agent during |
17 | any calendar year. |
18 | (g) Aggregate contributions from any person, a single |
19 | candidate's political committee, its affiliate or agent or a |
20 | single political action committee, its affiliate or agent or any |
21 | other political committee to a single political party committee |
22 | shall not exceed ten thousand dollars ($10,000) in a calendar |
23 | year. Furthermore, no single political party committee shall |
24 | accept or receive more than ten thousand dollars ($10,000) in |
25 | aggregate contributions from any single candidate's political |
26 | committee or agent or a single political action committee, its |
27 | affiliate or agent or any political committee. |
28 | (h) No person shall make contributions to candidates, |
29 | political committees and party committees that have a combined |
30 | aggregate value that exceeds twenty-five thousand dollars |
|
1 | ($25,000) in any calendar year. |
2 | (i) A gift, subscription, loan, advance or deposit of money |
3 | or anything of value to a candidate shall be considered a |
4 | contribution both by the original source of the contribution and |
5 | by any intermediary or conduit if the intermediary or conduit: |
6 | (1) exercises any direction over the making of the |
7 | contribution; or |
8 | (2) solicits the contribution or arranges for the |
9 | contribution made and directly or indirectly makes the candidate |
10 | aware of such intermediary or conduit's role in soliciting or |
11 | arranging the contribution for the candidate. |
12 | (j) For purposes of subsection (i), a contribution shall not |
13 | be considered to be a contribution by an intermediary or conduit |
14 | to the candidate if: |
15 | (1) the intermediary or conduit has been retained by the |
16 | candidate's committee for the purpose of fundraising and is |
17 | reimbursed for expenses incurred in soliciting contributions; |
18 | (2) in the case of an individual, the candidate has |
19 | expressly authorized the intermediary or conduit to engage in |
20 | fundraising, or the individual occupies a position within the |
21 | candidate's campaign organization and is authorized by the |
22 | organization to engage in fundraising; or |
23 | (3) in the case of a political committee, the intermediary |
24 | or conduit is the authorized committee of the candidate. |
25 | (k) (1) Neither candidates nor their committees shall |
26 | accept a campaign contribution from an out-of-State political |
27 | action committee if the political action committee's home state |
28 | has less restrictive disclosure laws than this Commonwealth. A |
29 | candidate or his committee may accept a campaign contribution |
30 | from an out-of-State political action committee if that |
|
1 | political action committee is also registered in this |
2 | Commonwealth. |
3 | (2) The Secretary of the Commonwealth shall list and certify |
4 | those states that have less restrictive disclosure laws than |
5 | this Commonwealth. The list shall be compiled and updated |
6 | annually, and published in the Pennsylvania Bulletin no later |
7 | than January 1 of each year, beginning in 2010. |
8 | (l) The provisions of this section are applicable to any |
9 | contribution made for the purpose of influencing any election to |
10 | all public offices except Federal offices. |
11 | (m) For purposes of this section, any contribution made to a |
12 | candidate in a year other than the calendar year in which the |
13 | election is held with respect to which such contribution is |
14 | made, is considered to be made during the calendar year in which |
15 | such election is held. |
16 | (n) For purposes of this section, contribution limits shall |
17 | apply to each election separately, whether a primary or general |
18 | election. |
19 | Section 4. Section 1632(a) of the act, amended or added |
20 | October 4, 1978 (P.L.893, No.171) and July 11, 1980 (P.L.591, |
21 | No.127), is amended to read: |
22 | Section 1632. Late Filing Fee; Certificate of Filing.-- |
23 | (a) A late filing fee for each report or statement of |
24 | expenditures and contributions which is not filed within the |
25 | prescribed period shall be imposed as follows. Such fee shall be |
26 | [ten dollars ($10)] twenty dollars ($20) for each day or part of |
27 | a day excluding Saturdays, Sundays and holidays that a report is |
28 | overdue. [An additional fee of ten dollars ($10) is due for each |
29 | of the first six (6) days that a report is overdue. The maximum |
30 | fee payable with respect to a single report is two hundred fifty |
|
1 | dollars ($250). A supervisor shall receive an overdue report or |
2 | statement even if any late filing fee due has not been paid but |
3 | the report or statement shall not be considered filed until all |
4 | fees have been paid upon the receipt by the supervisor of an |
5 | overdue report. No further late filing fees shall be incurred |
6 | once the report or statement is filed notwithstanding the fact |
7 | that the report or statement is not considered filed. The late |
8 | filing fee is the personal liability of the candidate or |
9 | treasurer of a political committee and cannot be paid from |
10 | contributions to the candidate or committee, nor may such fee be |
11 | considered an expenditure. A report or statement of expenditures |
12 | and contributions shall be deemed to have been filed within the |
13 | prescribed time if the letter transmitting the report or |
14 | statement which is received by the supervisor is transmitted by |
15 | first class mail and is postmarked by the United States Postal |
16 | Service on the day prior to the final day on which the report or |
17 | statement is to be received: Provided, That this sentence shall |
18 | not be applicable to the reporting requirements contained in |
19 | section 1628. |
20 | * * * |
21 | Section 5. Section 1633(a) of the act, amended November 26, |
22 | 1978 (P.L.1313, No.318), is amended to read: |
23 | Section 1633. Contributions or Expenditures by National |
24 | Banks, Corporations or Unincorporated Associations.-- |
25 | (a) It is unlawful for any National or State bank, |
26 | partnership or any corporation, incorporated under the laws of |
27 | this or any other state or any foreign country or any |
28 | unincorporated association, except those corporations formed |
29 | primarily for political purposes or as a political committee, to |
30 | make a contribution or expenditure in connection with the |
|
1 | election of any candidate or for any political purpose whatever |
2 | except in connection with any question to be voted on by the |
3 | electors of this Commonwealth. Furthermore, it shall be unlawful |
4 | for any candidate, political committee, or other person to |
5 | knowingly accept or receive any contribution prohibited by this |
6 | section, or for any officer or any director of any corporation, |
7 | bank, or any unincorporated association to consent to any |
8 | contribution or expenditure by the corporation, bank or |
9 | unincorporated association, as the case may be, prohibited by |
10 | this section. |
11 | * * * |
12 | Section 6. Section 1641(a) of the act, amended July 12, 1980 |
13 | (P.L.649, No.134), is amended and the section is amended by |
14 | adding a subsection to read: |
15 | Section 1641. Reports by Business Entities; Publication by |
16 | Secretary of the Commonwealth.--(a) Any business entity |
17 | including but not limited to a corporation, company, |
18 | association, partnership or sole proprietorship, which has been |
19 | awarded [non-bid] contracts over fifty thousand dollars |
20 | ($50,000) from the Commonwealth or its political subdivisions |
21 | during the preceding calendar year, or any business entity or |
22 | person applying for or receiving a permit to operate a landfill |
23 | from the Department of Environmental Protection shall report by |
24 | February 15 of each year to the Secretary of the Commonwealth a |
25 | list including the amount of the contract, description of the |
26 | service provided and location and an itemized list of all |
27 | political contributions known to the business entity by virtue |
28 | of the knowledge possessed by every officer, director, |
29 | associate, partner, limited partner or individual owner that has |
30 | been made by: |
|
1 | (1) any officer, director, associate, partner, limited |
2 | partner, individual owner or members of their immediate family |
3 | when the contributions exceed an aggregate of one thousand |
4 | dollars ($1,000) by any individual during the preceding year; or |
5 | (2) any employe or members of his immediate family whose |
6 | political [contribution] contributions exceeded one thousand |
7 | dollars ($1,000) during the preceding year. |
8 | For the purposes of this subsection, "immediate family" means a |
9 | person's spouse and any unemancipated child. |
10 | * * * |
11 | (c) The Department of General Services shall provide a list |
12 | of all corporations, companies, associations, partnerships or |
13 | sole proprietorships receiving contracts and contracts in excess |
14 | of fifty thousand dollars ($50,000) from the Commonwealth and |
15 | the Department of Environmental Protection shall provide a list |
16 | of any person or business entity applying for or receiving a |
17 | landfill permit to the State board of elections not later than |
18 | January 31 of each year for the preceding calendar year. |
19 | Section 7. The dollar figures contained in section 1627.1 of |
20 | the act shall be adjusted biennially at a rate determined by the |
21 | Federal Election Commission as authorized under 11 CFR § 110. |
22 | The Secretary of the Commonwealth shall certify the calculation |
23 | of the rate as determined by the Federal Election Commission and |
24 | shall publish the new dollar figures in the Pennsylvania |
25 | Bulletin. |
26 | Section 8. The provisions of this act are severable. If any |
27 | provision of this act or its application to any person or |
28 | circumstance is held invalid, the invalidity shall not affect |
29 | other provisions or applications of this act which can be given |
30 | effect without the invalid provision or application. |
|
1 | Section 9. This act shall take effect in 120 days. |
|