PRINTER'S NO. 525
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
545
Session of
2015
INTRODUCED BY LEACH AND FONTANA, FEBRUARY 25, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2015
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," providing for alternative campaign financing
option, administration and requirement; establishing the
Clean Election Fund; providing for terms of participation,
for the power of Department of State to adopt rules and for
study report; imposing duties on the Department of State and
a duty on the Department of Revenue; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding an
article to read:
ARTICLE XVI-A
CLEAN ELECTIONS
Section 1601-A. Scope of article.
This article relates to clean elections.
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Section 1602-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified candidate." A candidate running for Governor,
Senator, Representative, Auditor General, Attorney General and
State Treasurer who chooses to participate in this article and
who is certified under section 1605-A(g).
"Contribution." As defined in 4 Pa. Code § 172.1 (relating
to definitions).
"Department." The Department of State of the Commonwealth.
"Fund." The Clean Election Fund established in section 1604-
A(a).
"Immediate family." A person's spouse, parent, grandparent,
child, grandchild, sister, half-sister, brother, half-brother,
stepparent, stepgrandparent, stepchild, stepgrandchild,
stepsister, stepbrother, mother-in-law, father-in-law, brother-
in-law, sister-in-law, son-in-law, daughter-in-law, guardian,
former guardian, domestic partner, the half-brother or half-
sister of a person's spouse or the spouse of a person's half-
brother or half-sister.
"Nonparticipating candidate." A candidate running for
Governor, Senator, Representative, Auditor General, Attorney
General and State Treasurer who does not choose to participate
in this article and who is not seeking to be a certified
candidate under section 1605-A(g) .
"Participating candidate." A candidate who is running for
Governor, Senator, Representative, Auditor General, Attorney
General and State Treasurer who is seeking to be a certified
candidate under section 1605-A(g) .
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"Qualifying contribution." A donation:
(1) Of $5 or more in the form of a check or money order
payable to the Clean Election Fund and signed by the
contributor in support of a candidate or made over the
Internet in support of a candidate according to the procedure
established by the Department of State.
(2) Made by a person registered to vote within the
electoral boundaries of the office a candidate is seeking and
whose voter registration has been verified according to
procedures established by the department.
(3) Made during the designated qualifying period.
(4) That the contributor, on forms provided by the
department, acknowledges was made with the contributor's
personal funds and in support of the candidate and was not
given in exchange for anything of value and that the
candidate acknowledges was obtained with the candidate's
knowledge and approval and that nothing of value was given in
exchange for the contribution.
"Qualifying period." Any of the following:
(1) For a participating candidate for the offices of
Governor, Auditor General, Attorney General and State
Treasurer, the period begins October 15 immediately preceding
the election year and ends at 5 p.m. on April 1 of the
election year.
(2) For Senate or House of Representatives participating
candidates, the period begins January 1 of the election year
and ends at 5 p.m. on April 20 of that election year or the
next business day following April 20 if the Department of
State is closed on April 20.
"Seed money contribution." A contribution of no more than
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$100 per individual made to a participating candidate, including
the candidate or the candidate's spouse or domestic partner.
Section 1603-A. Alternative campaign financing option,
administration and requirement.
(a) Option.--This article establishes an alternative
campaign financing option available to candidates running for
Governor, Senator, Representative, Auditor General, Attorney
General and State Treasurer. The alternative campaign financing
option is available to candidates for elections to be held
beginning in the year 2015.
(b) Administration.--The department shall administer this
article. The Department of Revenue shall administer the fund.
Participating candidates shall comply with other applicable
election and campaign laws and regulations.
Section 1604-A. Clean Election Fund.
(a) Establishment.--The Clean Election Fund is established
in the State Treasury. The fund shall:
(1) Finance the election campaigns of certified
candidates for Governor, Senator, Representative, Auditor
General, Attorney General and State Treasurer.
(2) Pay administrative and enforcement costs of the
department related to this article.
(b) Interest.--Interest generated by the fund is credited to
the fund.
(c) Determination of fund amount.--If the department
determines that the fund will not have sufficient revenues to
cover the likely demand for expenditures from the fund in an
upcoming election, the department shall provide a report of its
projections of the balances in the fund to the General Assembly
and the Governor by January 1. The department may submit
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legislation to request additional revenue or an advance on
revenues to be transferred.
Section 1605-A. Terms of participation.
(a) Declaration of intent.--A participating candidate shall
file a declaration of intent to seek status as a certified
candidate and to comply with the requirements of this article.
The declaration of intent shall be filed with the department
prior to or during the qualifying period, except as provided in
subsection (q), according to forms and procedures developed by
the department. A participating candidate shall submit a
declaration of intent within five business days of collecting
qualifying contributions under this article. Qualifying
contributions collected before the declaration of intent has
been filed will not be counted toward the eligibility
requirement in subsection (e).
(b) Contribution limits for participating candidates.--
Subsequent to becoming a candidate and prior to certification, a
participating candidate may not accept contributions, except for
seed money contributions and qualifying contributions. A
participating candidate shall limit the candidate's total seed
money contributions to the following amounts:
(1) two hundred thousand dollars for a gubernatorial
candidate;
(2) twenty-five thousand dollars for a candidate for the
Senate;
(3) ten thousand dollars for a candidate for the House
of Representatives;
(4) two hundred thousand dollars for a candidate for
Auditor General;
(5) two hundred thousand dollars for a candidate for
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Attorney General; or
(6) two hundred thousand dollars for a candidate for
State Treasurer.
The department may, by rule, revise these amounts to ensure the
effective implementation of this article.
(c) Seed money restrictions.--To be eligible for
certification, a participating candidate may collect and spend
only seed money contributions subsequent to becoming a candidate
and prior to certification. A participating candidate may not
solicit, accept or collect seed money contributions after
becoming a certified candidate. The following apply:
(1) Goods and services received prior to certification
shall be paid for with seed money contributions, except for
goods and services that are not a contribution. It is a
violation of this article for a participating candidate to
use fund revenues received after certification to pay for
goods and services received prior to certification.
(2) Prior to certification, a participating candidate
may obligate an amount greater than the seed money collected,
but may only receive that portion of goods and services that
has been paid for or will be paid for with seed money. A
participating candidate who accepted contributions or made
expenditures that do not comply with the seed money
restrictions under this article may petition the department
to remain eligible for certification in accordance with
department rules adopted pursuant to this article, if the
failure to comply was unintentional and does not constitute a
significant infraction of these restrictions.
(3) Upon requesting certification, a participating
candidate shall file a report of seed money contributions and
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expenditures. If the candidate is certified, unspent seed
money shall be deducted from the amount distributed to the
candidate as provided in subsection (o).
(d) Seed money required for documentation.--For seed money
contributions that a candidate collects, the candidate shall
obtain the contributor's name, residence address, mailing
address, telephone number if provided by the contributor and
other information required for reporting under this act. For
these contributions, the candidate shall submit to the
department during the qualifying period:
(1) A contribution acknowledgment form, as determined by
the department, to be completed by each person that
contributes seed money, that includes the name, residence
address, mailing address, optional telephone number and
signature of the person making the seed money contribution
acknowledging that the contribution was made with the
person's personal funds and will not be reimbursed by any
source.
(2) A list of the seed money contributions in a format
determined by the department that includes the name and
mailing address of the contributor.
(3) For seed money contributions received by check or
money order, photocopies of the check or money order.
(4) For seed money contributions received by debit or
credit card, a bank or merchant account statement that
contains the cardholder's name and that otherwise meets the
requirements specified by the department.
The department may permit the submission of an online or
electronic acknowledgment form as required by paragraph (1) for
seed money contributions made via the Internet. The telephone
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numbers, e-mail addresses and bank account and credit card
information of contributors that candidates submit to the
department under this subsection are confidential, except that
the department may disclose this information in a final audit or
investigation report or determination if the information or
record is materially relevant to a finding of fact or violation.
(e) Qualifying contributions.--Participating candidates
shall obtain qualifying contributions during the qualifying
period as follows:
(1) for a gubernatorial candidate, at least 3,250
verified registered voters of this Commonwealth must support
the candidacy by providing a qualifying contribution to the
candidate;
(2) for a candidate for the Senate, at least 175
verified registered voters from the candidate's electoral
district must support the candidacy by providing a qualifying
contribution to the candidate;
(3) for a candidate for the House of Representatives, at
least 60 verified registered voters from the candidate's
electoral district must support the candidacy by providing a
qualifying contribution to the candidate; or
(4) for a candidate for Auditor General, Attorney
General and State Treasurer, at least 1,000 verified
registered voters of this Commonwealth must support the
candidacy by providing a qualifying contribution to the
candidate.
A payment, gift or anything of value may not be given in
exchange for a qualifying contribution. A candidate may pay the
fee for a money order that is a qualifying contribution as long
as the donor making the qualifying contribution pays the amount
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of the qualifying contribution reflected on the money order.
Money order fees paid by a participating candidate shall be paid
for with seed money and reported in accordance with department
rules adopted pursuant to this article. A money order shall be
signed by the contributor to be a valid qualifying contribution.
The department may establish by routine technical rule a
procedure for a qualifying contribution to be made by a credit
or debit transaction and by electronic funds transfer over the
Internet. Records containing information provided by individuals
who have made qualifying contributions over the Internet are
confidential, except for the name of the individual making the
contribution, the date of the contribution, the individual's
residential address and the name and office sought by the
candidate in whose support the contribution was made. It is a
violation of this article for a participating candidate or an
agent of the participating candidate to misrepresent the purpose
of soliciting qualifying contributions and obtaining the
contributor's signed acknowledgment.
(f) Filing with the department.--A participating candidate
shall submit qualifying contributions, receipt and
acknowledgment forms, proof of verification of voter
registration and a seed money report to the department during
the qualifying period according to procedures developed by the
department, except as provided under subsection (q).
(g) Certification of candidates.--Upon receipt of a final
submittal of qualifying contributions by a participating
candidate, the department shall determine whether the candidate
has:
(1) Signed and filed a declaration of intent to
participate under this article.
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(2) Submitted the appropriate number of valid qualifying
contributions.
(3) Qualified as a candidate by petition or other means.
(4) Not accepted contributions, except for seed money
contributions, and otherwise complied with seed money
restrictions.
(5) Not run for the same office as a nonparticipating
candidate in a primary election in the same election year.
(6) Not been found to have made a material false
statement in a report or other document submitted to the
department.
(7) Not otherwise substantially violated the provisions
of this article or 4 Pa. Code Ch. 177 (relating to reports by
candidates, political committees and other persons).
(8) Not failed to pay a civil penalty assessed by the
department under this act, except that a candidate has three
business days from the date of the request for certification
to pay the outstanding penalty and remain eligible for
certification.
(9) Otherwise met the requirements for participation
under this article.
The department shall certify a candidate complying with the
requirements of this section as soon as possible after final
submittal of qualifying contributions and other supporting
documents required under subsection (f), but no later than three
business days for legislative candidates and five business days
for gubernatorial candidates. The department may take additional
time if further investigation is necessary to verify compliance
with this article as long as it notifies the candidate regarding
the anticipated schedule for conclusion of the investigation. A
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certified candidate shall comply with the requirements of this
article after certification and throughout the primary and
general election periods. Failure to do so is a violation of
this article.
(h) Revocation of certification.--The certification of a
participating candidate may be revoked if the department
determines that the candidate or an agent of the candidate:
(1) did not submit the required number of valid
qualifying contributions;
(2) failed to qualify as a candidate by petition or
other means;
(3) submitted fraudulent qualifying contributions or
qualifying contributions that were not made by the named
contributor;
(4) misrepresented to a contributor the purpose of the
qualifying contribution or obtaining the contributor's
signature on the receipt and acknowledgment form;
(5) failed to fully comply with the seed money
restrictions;
(6) knowingly accepted contributions, including in-kind
contributions, or used funds other than fund revenues
distributed under this article to make campaign-related
expenditures without the permission of the department;
(7) knowingly made a false statement or material
misrepresentation in a report or other document required to
be filed under this articl e or 4 Pa. Code Ch. 177;
(8) otherwise substantially violated the provisions of
this articl e or 4 Pa. Code Ch. 177 ; or
(9) failed to properly report seed money contributions
as required for a gubernatorial candidate under this section.
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The determination to revoke the certification of a candidate
shall be made by the department after it has given the candidate
notice and opportunity for a hearing. A candidate whose
certification is revoked shall return the unspent funds to the
department within three days of the department's decision and
may be required to return the funds distributed to the
candidate. In addition to the requirement to return funds, the
candidate may be subject to a civil penalty under section
1607 - A. The candidate may appeal the department's decision to
revoke certification in the same manner provided in subsection
(w)(3).
(i) Restrictions on serving as treasurer.--A certified
candidate may not serve as a treasurer or deputy treasurer for
his campaign.
(j) Restrictions on contributions and expenditures for
certified candidates.--After certification, a candidate shall
limit his campaign expenditures and obligations, including
outstanding obligations, to the revenues distributed to the
candidate from the fund and may not accept contributions unless
specifically authorized by the department. Candidates may also
accept and spend interest earned on fund revenues in campaign
bank accounts. Revenues distributed to a certified candidate
from the fund shall be used for campaign-related purposes. The
candidate, the treasurer, the candidate's committee authorized
under 4 Pa. Code Ch. 176 (relating to registration and
organization of political committees) or any agent of the
candidate and committee may not use the revenues for anything
but campaign-related purposes. A television advertisement
purchased with the revenues shall be closed-captioned when
closed-captioning is available from the broadcasting station
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that will broadcast the advertisement. The department shall
publish guidelines outlining permissible campaign-related
expenditures.
(k) Assisting a person to become an opponent.--A candidate
or a person who later becomes a candidate and who is seeking
certification under subsection (g), or an agent of that
candidate, may not assist another person in qualifying as a
candidate for the same office if the candidacy would result in
the distribution of revenues under subsections (m) and (o) for
certified candidates in a contested election.
(l) Expenditures to the candidate or family or household
members.--Expenditures to the candidate or immediate family
member or household member of the candidate are governed as
follows:
(1) The candidate may not use fund revenues to
compensate the candidate or a sole proprietorship of the
candidate for campaign-related services.
(2) A candidate may not make expenditures using fund
revenues to pay a member of the candidate's immediate family
or household, a business entity in which the candidate or a
member of the candidate's immediate family or household holds
a significant proprietary or financial interest or a
nonprofit entity in which the candidate or a member of the
candidate's immediate family or household is a director,
officer, executive director or chief financial officer,
unless the expenditure is made:
(i) For a legitimate campaign-related purpose.
(ii) To an individual or business that provides the
goods or services being purchased in the normal course of
the individual's occupation or business.
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(iii) In an amount that is reasonable taking into
consideration current market value and other factors the
department may choose to consider.
For the purpose of this paragraph, the term "business entity"
means a corporation, limited liability company, limited
partnership, limited liability partnership or general
partnership. If a candidate uses fund revenues for an
expenditure covered by this paragraph, the candidate shall
submit evidence demonstrating that the expenditure complies
with the requirements of this paragraph if requested by the
department. This subsection does not prohibit reimbursement
to the candidate or a member of a candidate's household or
immediate family when made in accordance with this article
and department rules adopted pursuant to this article.
(m) Timing of fund distribution.--The department shall
distribute to certified candidates revenues from the fund in
amounts determined under subsection (o) in the following manner:
(1) Within three days after certification, for
candidates certified prior to the day of the election cycle
that the department designates as the first day to circulate
nominating petitions of the election year, revenues from the
fund shall be distributed as if the candidates are in an
uncontested primary election.
(2) For candidates in contested primary elections
receiving a distribution under paragraph (1), additional
revenues from the fund shall be distributed within three days
of the day of the election cycle that the department
designates as the first day to circulate nominating petitions
of the election year.
(3) No later than three days after the primary election
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results are certified, for general election certified
candidates, revenues from the fund shall be distributed
according to whether the candidate is in a contested or
uncontested general election.
Funds may be distributed to certified candidates under this
section by a mechanism that is expeditious, ensures
accountability and safeguards the integrity of the fund.
(n) Deposit into account.--The candidate or committee
authorized under 4 Pa. Code Ch. 176 shall deposit the revenues
from the fund and the seed money contributions in a campaign
account with a bank or other financial institution. The campaign
funds shall be segregated from, and may not be commingled with,
any other funds.
(o) Amount of fund distribution.--The department shall
distribute the following amounts from the fund to a certified
candidate to finance his election campaign:
(1) For a gubernatorial candidate, $100,000 for the
primary election and $400,000 for the general election.
(2) For a candidate for the Senate, $50,000 for the
primary election and $150,000 for the general election.
(3) For a candidate for the House of Representatives,
$20,000 for the primary election and $60,000 for the general
election.
(4) For a candidate for Auditor General, Attorney
General and State Treasurer, $100,000 for the primary
election and $400,000 for the general election.
A candidate in a primary or general election that is not
contested shall have the amounts in this subsection reduced by
75%. The department shall have the authority to adjust the
amounts provided in this subsection as needed.
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(p) Candidate not enrolled in a party.--An unenrolled
candidate for the General Assembly who submits the required
number of qualifying contributions and other required documents
under subsection (f) by 5 p.m. on April 15 preceding the primary
election, and who is certified, is eligible for revenues from
the fund in the same amounts and at the same time as an
uncontested primary election candidate and a general election
candidate as specified in subsections (m) and (o). Otherwise, an
unenrolled candidate for the General Assembly shall submit the
required number of qualifying contributions and the other
required documents under subsection (f) by 5 p.m. on June 2
preceding the general election. If certified, the candidate is
eligible for revenues from the fund in the same amounts as a
general election candidate as specified in subsection (o).
Revenues for the general election shall be distributed to the
candidate no later than three days after certification. An
unenrolled candidate for Governor who submits the required
number of qualifying contributions and other required documents
under subsections (d) and (f) by 5 p.m. on April 1 preceding the
primary election, and who is certified, is eligible for revenues
from the fund in the same amounts and at the same time as an
uncontested primary election gubernatorial candidate and a
general election gubernatorial candidate as specified in
subsections (m) and (o). Revenues for the general election shall
be distributed to the candidate for Governor no later than three
days after the primary election results are certified.
(q) Other procedures.--The department shall establish by
rule procedures for qualification, certification, disbursement
of fund revenues and return of unspent fund revenues for races
involving special elections, recounts, vacancies, withdrawals or
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replacement candidates.
(r) Reporting and unspent revenue.--Notwithstanding any
other provision of law, participating and certified candidates
shall report money collected, campaign expenditures, obligations
and related activities to the department according to procedures
developed by the department. If a certified candidate pays fund
revenues to a member of the candidate's immediate family or
household or a business or nonprofit entity affiliated with a
member of the candidate's immediate family or household, the
candidate shall disclose the candidate's relationship to the
payee in a manner prescribed by the department. Upon the filing
of a final report for a primary election in which the candidate
was defeated and for general elections that candidate shall
return unspent fund revenues to the department. In developing
these procedures, the department shall utilize existing campaign
reporting procedures whenever practicable. The department shall
ensure timely public access to campaign finance data and may
utilize electronic means of reporting and storing information.
(s) Required records.--The treasurer shall obtain and keep:
(1) Bank or other account statements for the campaign
account covering the duration of the campaign.
(2) A vendor invoice stating the particular goods or
services purchased for every expenditure of $50 or more.
(3) A record proving that a vendor received payment for
every expenditure of $50 or more in the form of a canceled
check, cash receipt from the vendor or bank or credit card
statement identifying the vendor as the payee.
(4) A document such as an invoice, contract or time
sheet that specifies in detail the services provided by a
vendor who was paid $500 or more for the election cycle for
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providing campaign staff or consulting services to a
candidate.
The treasurer shall preserve the records for three years
following the candidate's final campaign finance report for the
election cycle. The candidate and treasurer shall submit
photocopies of the records to the department upon its request.
(t) Audit requirements for candidates for Governor.--The
department shall audit the campaigns of candidates for Governor
who receive funds under this article to verify compliance with
election and campaign laws and rules. Within one month of
declaring an intention to qualify for public financing, a
candidate for Governor, the campaign's treasurer and other
relevant campaign staff shall meet with the staff of the
department to discuss audit standards, expenditure guidelines
and recordkeeping requirements.
(u) Payments to political committees.--If a certified
candidate makes a payment of fund revenues to a political action
committee or party committee, the candidate shall include in
reports required under this section a detailed explanation of
the goods or services purchased according to forms and
procedures developed by the department that is sufficient to
demonstrate that the payment was made solely to promote the
candidate's election.
(v) Distributions not to exceed amount in fund.--The
department may not distribute revenues to certified candidates
in excess of the total amount of money deposited in the fund as
set forth in section 1604-A. Notwithstanding any other
provisions of this article, if the department determines that
the revenues in the fund are insufficient to meet distributions
under subsection (o) or (p), the department may permit certified
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candidates to accept and spend contributions, reduced by seed
money contributions, aggregating no more than $5,000 per donor
per election for gubernatorial candidates, $1,000 per donor per
election for Senate and House of Representatives candidates and
$5,000 per donor per election for Auditor General, Attorney
General and State Treasurer candidates, up to the applicable
amounts set forth in subsection (o) or (p) according to
department rules adopted pursuant to this article.
(w) Appeals.--A candidate who has not been permitted to be a
certified candidate, the opponent of a candidate who is a
certified candidate or other interested persons may challenge a
certification decision by the department as follows:
(1) A challenger may appeal to the department within
seven days of the certification decision. The appeal shall be
in writing and set forth the reasons for the appeal.
(2) Within five days after an appeal is properly made
and after notice is given to the challenger and any opponent,
the department shall hold a hearing, except that the
department may extend this period upon agreement of the
challenger and the candidate whose certification is the
subject of the appeal, or in response to the request of
either party upon showing good cause. The appellant has the
burden of proving that the certification decision was in
error as a matter of law or was based on factual error. The
department shall rule on the appeal within five business days
after the completion of the hearing.
(3) A challenger may appeal the decision of the
department in paragraph (2) by commencing an action in
Commonwealth Court within five days of the date of the
department's decision. The action shall be conducted in
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accordance with 42 Pa.C.S. § 763 (relating to direct appeals
from government agencies), except that the court shall issue
its written decision within 20 days of the date of the
department's decision. An aggrieved party may appeal the
decision of the Commonwealth Court by filing a notice of
appeal within three days of the decision. The record on
appeal shall be transmitted to the Supreme Court within three
days after the notice of appeal is filed. After filing the
notice of appeal, the parties have four days to file briefs
and appendices with the prothonotary of the Supreme Court.
The Supreme Court shall consider the case as soon as possible
after the record and briefs have been filed and shall issue
its decision within 14 days of the decision of the
Commonwealth Court.
(4) A certified candidate whose certification is
reversed on appeal shall return to the department unspent
revenues distributed from the fund. If the department or
court finds that an appeal was made frivolously or to cause
delay or hardship, the department or court may require the
moving party to pay costs of the department, court and
opposing parties, if any.
Section 1606-A. Department to adopt rules.
The department shall adopt rules to ensure effective
administration of this article. The rules shall include, but not
be limited to, procedures for obtaining qualifying
contributions, the certification of candidates, circumstances
involving special elections, vacancies, recounts, withdrawals or
replacements, collection of revenues for the fund, distribution
of fund revenue to certified candidates, return of unspent fund
disbursements, disposition of equipment purchased with money
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from the Clean Election Fund and compliance with this article.
Rules of the department required by this section are major
substantive rules.
Section 1607-A. Violations.
(a) Civil fine.--In addition to other penalties that may be
applicable, a person who violates a provision of this article or
rules of the department adopted under section 1606-A is subject
to a fine of not more than $10,000 per violation payable to the
fund. The department may assess a fine of up to $10,000 for a
violation of the reporting requirements of 4 Pa. Code Ch. 177
(relating to reports by candidates, political committees and
other persons) if it determines that the failure to file a
timely and accurate report resulted in the late payment of
matching funds. In addition to a fine, for good cause shown, a
candidate, treasurer, consultant or other agent of the candidate
or the political committee authorized by the candidate under 4
Pa. Code Ch. 176 (relating to registration and organization of
political committees) found in violation of this article or
department rules adopted pursuant to this article may be
required to return to the fund the amounts distributed to the
candidate from the fund or funds not used for campaign-related
purposes. If the department makes a determination that a
violation of this article or department rules adopted pursuant
to this article has occurred, the department shall assess a fine
or transmit the finding to the Attorney General for prosecution.
A final determination by the department may be appealed to
Commonwealth Court in accordance with 42 Pa.C.S. § 763 (relating
to direct appeals from government agencies). Fines paid under
this section shall be deposited in the fund. In determining
whether or not a candidate is in violation of the expenditure
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limits of this article, the department may consider
circumstances out of the candidate's control as a mitigating
factor.
(b) Misdemeanor.--A person who willfully or knowingly
violates this article or department rules adopted pursuant to
this article or who willfully or knowingly makes a false
statement in a report required by this article commits a
misdemeanor and shall, upon conviction, be sentenced to pay a
fine of $1,000 or to imprisonment for not more than six months,
or both. If the candidate is a certified candidate, he shall
return the amounts distributed to him to the fund.
Section 1608-A. Study report.
By March 15, 2016, and every four years thereafter, the
department shall prepare for the General Assembly a report
documenting, evaluating and making recommendations relating to
the administration, implementation and enforcement of this
article and the fund.
Section 2. This act shall take effect in 60 days.
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