Regular Session 2019-2020 Senate Bill 0178 P.N. 0135

PRINTER'S NO. 135

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

178

Session of

2019

INTRODUCED BY BROWNE, GORDNER, MENSCH, YAW, FOLMER, BAKER,

SCAVELLO, AUMENT, DiSANTO, COSTA, HUGHES, BOSCOLA, FONTANA,

SANTARSIERO, BREWSTER, HAYWOOD, FARNESE, SCHWANK, KEARNEY AND

TARTAGLIONE, FEBRUARY 1, 2019

REFERRED TO STATE GOVERNMENT, FEBRUARY 1, 2019

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 reporting by candidate and political committees

and other persons, for late contributions and independent

expenditures and for place of filing, providing for manner of

filing and for inability to file reports or statements

electronically by deadline and further providing for late

filing fee and certificate of filing and for additional

powers and duties of the Secretary of the Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1626 of the act of June 3, 1937

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

amended by adding a subsection to read:

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

(k) (1) All campaign finance reports required to be filed

with the Secretary of the Commonwealth shall be filed

electronically using the electronic filing system developed by

the Secretary of the Commonwealth that is consistent with the

purposes of this subsection. A campaign finance report submitted

electronically must:

(i) be made under oath or equivalent affirmation;

(ii) require an electronic signature from the treasurer or

assistant treasurer at the time of the filing of the campaign

finance report. In addition, a report filed by a political

committee, authorized by a candidate and created solely for the

purpose of influencing an election on behalf of that candidate

must be signed, using an electronic signature, under oath or

equivalent affirmation by the candidate that, to the best of the

candidate's knowledge, the political committee has not violated

a provision of this act; and

(iii) be made subject to the penalties for perjury.

(2) (i) A candidate or political committee not able to file

electronically the report or statement required by this

subsection shall request an exemption from the Secretary of the

Commonwealth. The candidate or political committee upon approval

of the Secretary of the Commonwealth shall file reports and

statements on forms developed by the Secretary of the

Commonwealth.

(ii) In order to request an exemption for electronic

submissions or reports or statements, the candidate or political

committee must demonstrate technological hardship.

Section 2. Sections 1628 and 1631(1) of the act are amended

to read:

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Section 1628. Late Contributions and Independent

Expenditures.--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, 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 telegram, mailgram, overnight mail or

facsimile transmission.] The reports filed with the Secretary of

the Commonwealth shall be filed electronically in accordance

with section 1631.1. 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 1631. Place of Filing.--

Any statement or report required by this article to be filed,

shall be done in the following manner:

(1) (i) Any candidate, individual, or committee required to

file a report concerning any candidate shall file that statement

or report in the office of the supervisor with whom the

candidate filed a nomination paper, nomination certificate,

nomination petitions or with the supervisor with whom the

candidate would have filed such if he had sought nomination in

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that manner.

[(ii) All candidates and political committees, authorized by

candidates and created solely for the purpose of influencing the

election of such candidates, who must file reports with the

Secretary of the Commonwealth, shall also file copies of their

reports in the county in which the candidate resides.]

(ii) All candidates and political committees, authorized by

candidates and created solely for the purpose of influencing the

election of such candidates, must only file campaign finance

reports electronically with the Secretary of the Commonwealth.

* * *

Section 3. The act is amended by adding sections to read:

Section 1631.1. Manner of Filing.--

(a) All campaign finance reports and statements required to

be filed with the Secretary of the Commonwealth pursuant to

sections 1626, 1627, 1628 and 1641 shall be filed with the

Secretary of the Commonwealth using the electronic filing system

developed by the Secretary of the Commonwealth .

(b) A campaign finance report or statement filed

electronically shall:

(1) be made subject to the penalties of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities);

(2) include the electronic signature of the treasurer or

assistant treasurer of the political committee serving at the

time of the filing of the campaign finance report or statement;

and

(3) for a report or statement filed by a candidate or a

candidate's political committee, include the electronic

signature of the candidate, stating that, to the best of the

candidate's knowledge, the political committee has not violated

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a provision of this act.

the contents of the report or statement, including entry of data

into the electronic filing system as required under subsection

(a).

(2) Each principal authorizing another to act under

paragraph (1) must:

(i) review the contents of the report or statement prepared

under paragraph (1); and

(ii) file with the electronic filing system the approval of

the contents of the report or statement and verification of its

accuracy, in accordance with subsection (b). The approval shall

be transmitted personally by the principal and not on the

principal's behalf by any other person.

(3) No report or statement shall be considered complete or

filed until all necessary approvals and verifications shall have

been submitted by each principal required to file.

(4) As used in this subsection, "principal" shall mean any

person required to file any report or statement electronically

with the Secretary of the Commonwealth in accordance with this

section.

Section 1631.2. Inability to File Reports or Statements

Electronically by Deadline.--

(a) All reports or statements filed with the Secretary of

the Commonwealth under section 1631.1 are subject to the

following:

(1) If a candidate or political committee cannot file a

report or statement on the day the report or statement is due

because of the unavailability of the Department of State's

electronic filing system at the time the candidate or political

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committee attempts to file the report or statement, the

principal shall immediately notify the Department of State in a

manner designated by the Secretary of the Commonwealth. If the

website is unavailable and the candidate or political committee

has notified the department, the candidate or political

committee shall have until 11:59 o'clock P.M. on the next

business day following the deadline to file the report or

statement electronically and the principal shall file a

statement affirming that the principal was unable to file the

report or statement on time because of the unavailability of the

Department of State's electronic filing system at the time the

principal attempted to file the report or statement on the day

the report or statement was due. The affirmation statement shall

be due at the same time as the statement or report filed under

this subsection. The report or statement shall not be considered

filed until the affirmation statement is filed.

(2) If a candidate or political committee is unable to file

as required under paragraph (1) because the Department of

State's electronic filing system remains unavailable, the

principal shall notify the Department of State each business day

a report or statement cannot be filed due to the unavailability

of the Department of State's electronic filing system. The

candidate or political committee shall have until the following

business day to electronically file the report or statement or

notify the Department of State a second time of the

inaccessibility of the department's electronic filing system.

The principal shall file a statement affirming that the

principal was unable to file the report or statement on time

because of the unavailability of the Department of State's

electronic filing system. The affirmation statement shall be

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due at the same time as the statement or report filed under this

subsection. The report or statement shall not be considered

filed until the affirmation statement is filed.

(b) The Department of State may provide for an alternative

method of electronic filing if the department's electronic

filing system remains unavailable.

waive late filing fees for reports or statements filed after the

deadline but which are the subject of notifications as

prescribed by this section.

(d) As used in this section, "unavailability of the

Department of State's electronic filing system" shall mean a

failure of the system within the Department of State's technical

environment that does not allow access to the system by an

individual. The term does not include:

(1) a network issue between the user's computer and the

Department of State's environment; or

(2) a failure of any part of the user's computer or internal

network.

Section 4. Section 1632(a) of the act is amended to read:

Section 1632. Late Filing Fee; Certificate of Filing.--

(a) [A late filing fee for each report or statement of

expenditures and contributions which is not filed within the

prescribed period shall be imposed as follows. Such fee shall be

ten dollars ($10) for each day or part of a day excluding

Saturdays, Sundays and holidays that a report is overdue. An

additional fee of ten dollars ($10) is due for each of the first

six (6) days that a report is overdue. The maximum fee payable

with respect to a single report is two hundred fifty dollars

($250). A supervisor shall receive an overdue report or

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statement even if any late filing fee due has not been paid but

the report or statement shall not be considered filed until all

fees have been paid upon the receipt by the supervisor of an

overdue report. No further late filing fees shall be incurred

notwithstanding the fact that the report or statement is not

considered filed. The late filing fee is the personal liability

of the candidate or treasurer of a political committee and

cannot be paid from contributions to the candidate or committee,

nor may such fee be considered an expenditure. A report or

statement of expenditures and contributions shall be deemed to

have been filed within the prescribed time if the letter

transmitting the report or statement which is received by the

supervisor is transmitted by first class mail and is postmarked

by the United States Postal Service on the day prior to the

final day on which the report or statement is to be received:

Provided, That this sentence shall not be applicable to the

reporting requirements contained in section 1628.] For reports

or statements required to be electronically filed with the

Secretary of the Commonwealth, the penalty for each report or

statement that is not filed within the prescribed period shall

be fifty dollars ($50) a day for the first six (6) days the

report or statement is late and one hundred dollars ($100) a day

for day seven (7) and each day thereafter. The maximum penalty

for late reports or statements is two thousand dollars ($2,000)

for each required filing. The late filing fee shall be the

personal responsibility of the candidate or treasurer of a

political committee and cannot be paid from contributions to the

candidate or committee nor may the fee be considered an

expenditure. The Secretary of the Commonwealth shall receive an

overdue report or statement notwithstanding whether a late

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filing fee due has not been paid. A report or statement shall

not be considered filed until all fees have been paid upon the

receipt by the Secretary of the Commonwealth of an overdue

report or statement.

* * *

Section 5. Section 1640 of the act is amended to read:

Section 1640. Additional Powers and Duties of the Secretary

of the Commonwealth.--The Secretary of the Commonwealth shall

have the following additional powers and duties:

(1) To serve as the State clearing house for information

concerning the administration of this act.

(2) To prescribe suitable rules and regulations to carry out

the provisions of this act.

(3) To develop the prescribed forms required by the

provisions of this article for the making of the reports and

statements required to be filed with the supervisor.

(4) To prepare a manual setting forth recommended uniform

methods of bookkeeping and reporting which shall be furnished by

the supervisor to the person required to file such reports and

statements as required by this article.

(5) To examine the contributions to State legislative and

Statewide candidates and publish a list of all those political

committees who have contributed to candidates and who have

failed to file reports as required by this act within six (6)

days of their failure to comply.

(6) To maintain a searchable computer database and

electronic reporting system that contains the information

necessary for the proper administration of this article,

including information on contributions and expenditures by all

candidates and all political committees and distribution of

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money, and including public access through the Internet. The

database must be designed with an emergency recovery system to

ensure that campaign expense records are not lost in the case of

an emergency, natural disaster or other event that could cause

the system to malfunction.

(7) To establish a training program on the electronic

reporting system and make it available to a candidate or

political committee.

(8) To ensure all information contained in a statement

filed, that is not on the electronic reporting system, be

entered into the electronic reporting system as soon as

practicable but no later than four (4) business days after its

receipt by the Secretary of the Commonwealth.

(9) The Department of State shall issue to the registrant an

electronic receipt that includes a confirmation number and the

date and time of filing.

Section 6. The Secretary of the Commonwealth shall transmit

notice to the Legislative Reference Bureau for publication in

the Pennsylvania Bulletin when the electronic filing system

developed by the Secretary of the Commonwealth is available for

use.

Section 7. This act shall take effect 90 days after

publication in the Pennsylvania Bulletin of the notice under

section 6.

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