Regular Session 2015-2016 Senate Bill 1165 P.N. 1624

PRINTER'S NO. 1624

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1165

Session of

2015

INTRODUCED BY TEPLITZ, SCHWANK, BROWNE, COSTA AND VANCE,

MARCH 18, 2016

REFERRED TO STATE GOVERNMENT, MARCH 18, 2016

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, further

providing for definitions, for reporting by candidate and

political committees and other persons and for late

contributions and independent expenditures and providing for

independent expenditures and electioneering communications.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The General Assembly finds and declares as

follows:

(1) The Commonwealth has a compelling interest in:

(i) Providing voters with relevant information about

where political campaign money comes from and how it is

spent so that voters can make informed choices in

elections and public policy debates.

(ii) Reducing the risk or appearance of undue

influence by ensuring that political spending is

comprehensively disclosed.

(iii) Promoting compliance by candidates, political

groups and other organizations with campaign finance

laws.

(2) Under existing law, a person who or organization

that purchases political advertisements expressly advocating

for the election or defeat of a candidate is subject to

disclosure requirements, but a person who or organization

that purchases advertisements to influence elections or

public policy debates without expressly advocating for a

candidate is not subject to disclosure requirements.

(3) As a result, Pennsylvania has seen a proliferation

of advertisements intended to influence elections and public

policy debates but not required to be reported under existing

law.

(4) Disclosure of such expenditures should begin at an

amount that is reasonable and intended to promote full

disclosure of the expenditures.

(5) It is the intent of the General Assembly to subject

all persons and organizations that make such expenditures to

disclosure requirements.

Section 2. Section 1621(e) of the act of June 3, 1937

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

added October 4, 1978 (P.L.893, No.171), is amended and the

section is amended by adding subsections to read:

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

following words have the following meanings:

* * *

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(e) The words "independent expenditure" shall mean an

expenditure by a person or organization [made for the purpose of

influencing an election], other than a political committee or

candidate, expressly advocating the election or defeat of a

clearly identified candidate or expressly advocating a specific

position on a public policy issued, made without cooperation or

consultation with any candidate or any political committee

authorized by that candidate and which is not made in concert

with or at the request or suggestion of any candidate or

political committee or agent thereof.

* * *

(n) The words "electioneering communication" shall mean a

communication by a person or organization, other than a

political committee or candidate, that is publicly distributed

within ninety (90) days before a primary, municipal, special or

general election and refers to a clearly identified candidate.

The term does not include any of the following:

(1) A communication distributed by a means other than by a

communications media.

(2) A membership communication.

(3) A communication appearing in a news article, opinion or

commentary, provided that the communication is not distributed

via a communications media owned or controlled by a candidate,

political committee or the person purchasing the communication.

(4) A communication made in a candidate debate or forum or

that solely promotes such a debate or forum and is made by or on

behalf of the person sponsoring the debate or forum.

(5) Any other communication exempted by regulation by the

Secretary of the Commonwealth that is consistent with this

article.

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(o) The words "clearly identified candidate" shall mean that

the name, a photograph or a drawing of a candidate appears or

the identity of a candidate is otherwise apparent by unambiguous

reference.

(p) The words "communications media" shall mean television,

radio, newspaper or other periodical, sign, publicly accessible

Internet website, mail or telephone.

(q) The words "membership communication" shall mean a

newsletter or periodical, telephone call or other routine

communication distributed solely to the members, shareholders or

employees of an organization or institution.

(r) The words "responsible party" shall mean a natural

person who shares or exercises discretion or control over the

activities of an entity required to file reports in accordance

with section 1626(g). The term includes an officer, director,

partner, proprietor or other natural person who exercises

discretion or control over the activities of an entity.

(s) The word "sign" shall mean an outdoor billboard, panel

or similar display having an area of at least ninety (90) square

feet.

Section 2. Section 1626(g) of the act, added October 4, 1978

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

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

(g) (1) Every person, other than a political committee or

candidate, who makes independent expenditures [expressly

advocating the election or defeat of a clearly identified

candidate, or question appearing on the ballot, other than by

contribution to a political committee or candidate, in an

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aggregate amount in excess of one hundred dollars ($100) during

a calendar year shall file with the appropriate supervisor, on a

form prepared by the Secretary of the Commonwealth, a report

which shall include the same information required of a candidate

or political committee receiving such a contribution and,

additionally, the name of the candidate or question supported or

opposed. Reports required by this subsection shall be filed on

dates on which reports by political committees making

expenditures are required to report under this section.] or

electioneering communications in an aggregate amount exceeding

one thousand dollars ($1,000) during a calendar year shall file

a report, on a form prepared by the Secretary of the

Commonwealth, with the appropriate supervisor.

(2) The report shall include:

(i) The following information relating to the person making

the independent expenditure or electioneering communication:

(A) The full name and mailing address of the person.

(B) If the person is not an individual, the full name and

mailing address of the organization's officers, one of whom

shall be an individual named as the organization's treasurer.

person or organization.

(D) The name, office sought and party affiliation of any

candidate whom the person or organization supports or opposes

and, if the person supports the entire ticket of a party, the

name of the party.

(E) If the person or organization files reports with the

Federal Election Commission or any out-of-State agency, a

statement to that effect, including the name of the agency.

(ii) (A) The full name and mailing address of each person

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or organization to whom any independent expenditure or

electioneering communication has been made during the calendar

year in an aggregate amount in excess of one hundred dollars

($100).

(B) The amount, date and purpose of each independent

expenditure or electioneering communication.

behalf the independent expenditure or electioneering

communication was made.

(iii) The full name and mailing address of each person who

or organization that had made contributions to the person making

the independent expenditure or electioneering communication

during the calendar year in an aggregate amount in excess of one

hundred dollars ($100), the total of all contributions from the

person or organization during the calendar year and the amount

and date of all contributions from the person or organization

during the calendar year.

(iv) If the person that made a contribution under

subparagraph (iii) is not an individual, the following

information:

(A) The full name and mailing address of any person who,

directly or otherwise, owns a legal or equitable interest of

fifty percent or greater in the organization.

(B) One responsible party, if the aggregate amount of

contributions made by such entity during the election period

exceeds one thousand dollars ($1,000).

(v) The aggregate amount of all contributions made to the

person or organization that made the independent expenditure or

electioneering communication.

(3) Reports required by this subsection shall be filed on

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dates on which reports by political committees making

expenditures are required to report under this section.

(4) If a person is required to file another report under

this section, the person shall not be required to file a report

under this subsection if all of the information has already been

filed in the other report. The Secretary of the Commonwealth

shall promulgate regulations that exempt a person from reporting

duplicative information under this article.

(5) The Secretary of the Commonwealth shall maintain an

electronic database of reports required by this subsection. The

database shall be made available on the Department of State's

publicly accessible Internet website.

* * *

Section 3. Section 1628 of the act, amended February 13,

1998 (P.L.72, No.18), is amended to read:

Section 1628. Late Contributions [and], Independent

Expenditures and Electioneering Communications.--Any candidate

or political committee, authorized by a candidate and created

solely for the purpose of influencing an election on behalf of

that candidate, which receives any contribution or pledge of

five hundred dollars ($500) or more, and any person making an

independent expenditure[, as defined by this act,] or

electioneering communication of five hundred dollars ($500) or

more after the final pre-election report has been deemed

completed shall report such contribution, pledge or expenditure

to the appropriate supervisor. Such report shall be sent by the

candidate, chairman or treasurer of the political committee

within twenty-four (24) hours of receipt of the contribution. It

shall be the duty of the supervisor to confirm the substance of

such report. The report shall be made by electronic mail,

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telegram, mailgram, overnight mail or facsimile transmission.

Any candidate in his own behalf, or chairman, treasurer or

candidate in behalf of the political committee may also comply

with this section by appearing personally before such supervisor

and reporting such late contributions or pledges.

Section 4. The act is amended by adding a section to read:

Section 1643. Independent Expenditures and Electioneering

Communications.--All independent expenditures and electioneering

communications shall prominently include the following

statement:

Paid for by (name of person or organization paying for the

independent expenditure or electioneering communication).

Learn more about (name of person or organization paying for

the independent expenditure or electioneering communication)

at (the Department of State's publicly accessible Internet

website).

Section 5. This act shall take effect in 60 days.

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