PRINTER'S NO. 3962
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2623
Session of
2018
INTRODUCED BY CONKLIN, A. DAVIS, HILL-EVANS, J. McNEILL,
NEILSON, PASHINSKI, SCHLOSSBERG, SIMS AND TAI,
SEPTEMBER 10, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 10, 2018
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 candidate disclosure of Federal
income tax returns.
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 read:
ARTICLE XIV-A
CANDIDATE DISCLOSURE OF FEDERAL INCOME TAX RETURNS
Section 1401-A. Mandatory disclosure by certain candidates.
Notwithstanding any other provision of this act to the
contrary, the name of a candidate for President or Vice
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President of the United States, United States Senator,
Representative in Congress, Governor, Lieutenant Governor,
Attorney General, Auditor General, Treasurer, Senator or
Representative in the General Assembly, Justice of the Supreme
Court of Pennsylvania or Judge of the Commonwealth Court or
Superior Court may not be printed on an official ballot in this
Commonwealth for a general election unless the candidate submits
the following to the Secretary of the Commonwealth no later than
90 days before the general election:
(1) A complete copy of the candidate's Federal income
tax return, as defined under section 6103(b)(1) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ยง
6103(b)(1)), for at least the five most recent taxable years.
(2) A written consent, in the form prescribed by the
Secretary of the Commonwealth, for the public disclosure of
the Federal income tax returns under paragraph (1).
Section 1402-A. Posting.
Subject to section 1403-A, if the written consent under
section 1401-A(2) has been submitted, the Secretary of the
Commonwealth shall post the Federal income tax returns under
section 1401-A(1) on the publicly accessible Internet website of
the Department of State no later than seven days after the
Federal income tax returns have been submitted to the Secretary
of the Commonwealth.
Section 1403-A. Redaction.
Prior to the disclosure of a Federal income tax return under
section 1402-A and following any necessary consultation with
other governmental authorities, the Secretary of the
Commonwealth shall redact information from the Federal income
tax return as appropriate.
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Section 1404-A. Certification of State election results.
Notwithstanding any other law to the contrary, the Secretary
of the Commonwealth shall not certify the election of a
candidate for Governor, Lieutenant Governor, Attorney General,
Auditor General, Treasurer, Senator or Representative in the
General Assembly, Justice of the Supreme Court of Pennsylvania
or Judge of the Commonwealth Court or Superior Court who has
failed to comply with the requirements under this article.
Section 1405-A. Vote of presidential elector.
Notwithstanding any other law to the contrary, a presidential
elector at the quadrennial meeting under Article XV may not vote
for a candidate for the office of President or Vice President of
the United States if the candidate has failed to comply with the
requirements under this article.
Section 1406-A. Rules and regulations.
The Department of State shall promulgate rules and
regulations necessary to implement the provisions of this
article.
Section 2. This act shall take effect immediately.
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