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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, CARROLL, D. COSTA, CUTLER, DAVIS, GEORGE, GIBBONS, HALUSKA, HARKINS, HORNAMAN, JOSEPHS, SAMUELSON AND SANTARSIERO, DECEMBER 14, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 14, 2011 |
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| AN ACT |
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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 company finance reports and |
12 | for additional powers and duties of the Secretary of the |
13 | Commonwealth. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 1626 of the act of June 3, 1937 |
17 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
18 | added October 8, 1978 (P.L.893, No.171), is amended by adding a |
19 | subsection to read: |
20 | Section 1626. Reporting by Candidate and Political |
21 | Committees and other Persons.-- |
22 | * * * |
23 | (k) (1) All campaign finance reports required to be filed |
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1 | with the Secretary of the Commonwealth shall be filed |
2 | electronically using the electronic filing system developed by |
3 | the secretary that is consistent with the purposes of this |
4 | subsection. A campaign finance report submitted electronically |
5 | shall: |
6 | (i) be made under oath or equivalent affirmation; |
7 | (ii) require an electronic signature from the treasurer or |
8 | assistant treasurer at the time of the filing of the campaign |
9 | finance report. In addition, any report filed by a political |
10 | committee, authorized by a candidate and created solely for the |
11 | purpose of influencing an election on behalf of that candidate |
12 | must be signed, using an electronic signature, under oath or |
13 | equivalent affirmation by the candidate that, to the best of the |
14 | candidate's knowledge, the political committee has not violated |
15 | any provision of this act; and |
16 | (iii) be made subject to the penalties for perjury. |
17 | (2) Any candidate or political committee not able to file |
18 | electronically the report or statement required by this |
19 | subsection shall request an exemption from the secretary. The |
20 | candidate or political committee upon approval of the secretary |
21 | shall file reports and statements on forms developed by the |
22 | secretary. |
23 | Section 2. Section 1628 of the act, amended February 13, |
24 | 1998 (P.L.72, No.18), is amended to read: |
25 | Section 1628. Late Contributions and Independent |
26 | Expenditures.--Any candidate or political committee, authorized |
27 | by a candidate and created solely for the purpose of influencing |
28 | an election on behalf of that candidate, which receives any |
29 | contribution or pledge of five hundred dollars ($500) or more, |
30 | and any person making an independent expenditure, as defined by |
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1 | this act, of five hundred dollars ($500) or more after the final |
2 | pre-election report has been deemed completed shall report such |
3 | contribution, pledge or expenditure to the appropriate |
4 | supervisor. Such report shall be sent by the candidate, chairman |
5 | or treasurer of the political committee within twenty-four (24) |
6 | hours of receipt of the contribution. It shall be the duty of |
7 | the supervisor to confirm the substance of such report. The |
8 | report is to be filed electronically in a manner prescribed by |
9 | the Secretary of the Commonwealth. The report shall be made by |
10 | telegram, mailgram, overnight mail or facsimile transmission. |
11 | Any candidate in his own behalf, or chairman, treasurer or |
12 | candidate in behalf of the political committee may also comply |
13 | with this section by appearing personally before such supervisor |
14 | and reporting such late contributions or pledges. |
15 | Section 3. Section 1640 of the act, added October 4, 1978 |
16 | (P.L.893, No.171), is amended to read: |
17 | Section 1640. Additional Powers and Duties of the Secretary |
18 | of the Commonwealth.--The Secretary of the Commonwealth shall |
19 | have the following additional powers and duties: |
20 | (1) To serve as the State clearing house for information |
21 | concerning the administration of this act. |
22 | (2) To prescribe suitable rules and regulations to carry out |
23 | the provisions of this act. |
24 | (3) To develop the prescribed forms required by the |
25 | provisions of this article for the making of the reports and |
26 | statements required to be filed with the supervisor. |
27 | (4) To prepare a manual setting forth recommended uniform |
28 | methods of bookkeeping and reporting which shall be furnished by |
29 | the supervisor to the person required to file such reports and |
30 | statements as required by this article. |
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1 | (5) To examine the contributions to State legislative and |
2 | Statewide candidates and publish a list of all those political |
3 | committees who have contributed to candidates and who have |
4 | failed to file reports as required by this act within six (6) |
5 | days of their failure to comply. |
6 | (6) To maintain a searchable computer database and |
7 | electronic reporting system that shall contain all information |
8 | necessary for the proper administration of this article, |
9 | including information on contributions and expenditures by all |
10 | candidates and all political committees and distribution of |
11 | moneys, and including public access through personal computer |
12 | and the Internet. The database shall be designed with an |
13 | emergency recovery system to ensure that campaign expense |
14 | records are not lost in the case of an emergency, natural |
15 | disaster or other such event that could cause the system to |
16 | malfunction. |
17 | (7) To establish a training program on the electronic |
18 | reporting system and make it available to any candidate or |
19 | committee. |
20 | (8) To cause all information contained in such a statement |
21 | filed with the Secretary of the Commonwealth, which is not on |
22 | such electronic reporting system, to be entered into such system |
23 | as soon as practicable, but in no event later than four (4) |
24 | business days after its receipt by the secretary. |
25 | (9) The department shall issue to the registrant an |
26 | electronic receipt which includes a confirmation number and the |
27 | date and time of filing. |
28 | Section 4. This act shall take effect in 60 days. |
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