PRINTER'S NO. 1684
No. 1379 Session of 1985
INTRODUCED BY KUKOVICH, PICCOLA, ITKIN, SWEET, BELFANTI,
DeWEESE, FREEMAN, AFFLERBACH, PRATT, DAWIDA, PISTELLA, DALEY,
J. L. WRIGHT, MANMILLER, LEVDANSKY, LASHINGER, GREENWOOD,
STABACK, MICHLOVIC, MURPHY AND VAN HORNE, JUNE 10, 1985
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 1985
AN ACT
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," providing limited Pennsylvania Clean Campaign
12 funding of certain Statewide judicial elections; limiting
13 certain contributions; imposing powers and duties on the
14 Department of State; and providing penalties.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
18 as the Pennsylvania Election Code, is amended by adding an
19 article to read:
20 ARTICLE XVI-A
21 Pennsylvania Clean Campaign Funding
22 Section 1601-A. Application of Article.--The provisions of
23 this article shall be applicable to candidates for the following
1 State-wide offices who elect to apply for Pennsylvania Clean
2 Campaign funding hereunder:
3 (1) Supreme Court Justice.
4 (2) Superior Court Judge.
5 (3) Commonwealth Court Judge.
6 Section 1602-A. Administration.--The provisions of this
7 article shall be administered by the Secretary of the
8 Commonwealth hereinafter referred to as the secretary. The
9 secretary may adopt such rules and regulations as may be
10 necessary for the implementation of this article.
11 Section 1603-A. Pennsylvania Clean Campaign Fund Created.--
12 There is hereby created a special restricted receipts fund in
13 the State Treasury to be known as the "Pennsylvania Clean
14 Campaign Fund." Payments shall be made into said fund pursuant
15 to section 1604-A and disbursements shall be made from said fund
16 only upon the warrant of the Secretary of the Commonwealth and a
17 warrant of the State Treasurer. As much of the moneys in the
18 Pennsylvania Clean Campaign Fund as are necessary to make
19 payments to candidates as provided in this article are
20 appropriated from said fund to the Department of State for the
21 purpose of such payments.
22 Section 1604-A. Allocation of Certain Tax Proceeds to
23 Pennsylvania Clean Campaign Fund.--Beginning with tax years
24 commencing January 1, 1985, and thereafter, each individual
25 subject to the tax imposed by Article III of the act of March 4,
26 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971,"
27 whose tax liability for any such year is one dollar and fifty
28 cents ($1.50) or more may designate one dollar and fifty cents
29 ($1.50) of his or her personal income taxes to be paid into the
30 Pennsylvania Clean Campaign Fund. In the case of married
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1 taxpayers filing a joint return, each spouse may designate one
2 dollar and fifty cents ($1.50) to be paid into said fund if
3 their tax liability is three dollars ($3.00) or more. All such
4 designated tax revenues shall be paid into the Pennsylvania
5 Clean Campaign Fund. The check-off and instructions shall be
6 prominently displayed on the first page of the return form. The
7 instructions shall readily indicate that any such designations
8 neither increase or decrease an individual's tax liability.
9 Section 1605-A. Certification of Moneys in Pennsylvania
10 Clean Campaign Fund.--By June 30 of each year, the State
11 Treasurer shall certify to the secretary the current balance
12 available in the Pennsylvania Clean Campaign Fund.
13 Section 1606-A. Qualification for Pennsylvania Clean
14 Campaign Funding.--(a) Any candidate for State-wide judicial
15 office as described in section 1601-A may apply for Pennsylvania
16 Clean Campaign funding under this article if such candidate
17 meets the contributory thresholds established in subsection (b)
18 and otherwise conforms to the requirements of this article. No
19 candidate shall be obligated to apply for funding hereunder and
20 if any candidate elects not to apply, the provisions of this
21 article shall be inapplicable to such person and their
22 candidacy. Any candidate electing to receive Pennsylvania Clean
23 Campaign funding must declare his intention to do so and specify
24 the State office for which he is a candidate. Any and all
25 committees authorized to receive contributions or make
26 expenditures for the candidate who has so declared must abide by
27 the provisions of section 1612-A. Any candidate who for any
28 reason has his name withdrawn from the ballot for a State-wide
29 judicial election, after receipt of Pennsylvania Clean Campaign
30 funds, shall return all moneys received to the fund as well as
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1 offering back qualifying contributions for that State-wide
2 judicial office.
3 (b) (1) In order to qualify for Pennsylvania Clean Campaign
4 funding in the general election, a candidate must receive
5 subsequent to the date of the primary election but prior to the
6 date of the general election qualifying contributions of the
7 following amounts:
8 Office Qualifying Contributions Required
9 (i) Supreme Court Justices $25,000
10 (ii) Superior Court Judges 25,000
11 (iii) Commonwealth Court Judges 25,000
12 (2) In order to qualify for Pennsylvania Clean Campaign
13 funding in the primary election, a candidate must receive prior
14 to the date of the primary election, but subsequent to the
15 immediately preceding general election, one-half of the amount
16 specified in clause (1) for the appropriate office.
17 (3) (i) The term "qualifying contribution" shall include
18 any contribution, as defined in section 1621(b), which has all
19 of the following characteristics:
20 (A) Made by an individual resident of Pennsylvania.
21 (B) Made by a written instrument which indicates the
22 contributor's full name and mailing residence and is not
23 intended to be returned to the contributor or transferred to
24 another political committee or candidate.
25 (ii) If a contributor receives goods or services of value in
26 return for his contribution, the qualifying contribution shall
27 be calculated as the original contribution, minus the fair
28 market value of the goods or services received.
29 (iii) Any contribution by an individual which exceeds one
30 hundred dollars ($100.00) in the aggregate shall be deemed only
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1 a one hundred dollar ($100.00) qualifying contribution for the
2 purposes of this section and for the matching payment provisions
3 of section 1607-A.
4 (c) The secretary shall select an auditor pursuant to the
5 provisions of section 1635(a). Each candidate who elects to
6 apply for Pennsylvania Clean Campaign funding shall provide
7 evidence that such candidate has raised the qualifying
8 contributions required by this section which evidence shall be
9 verified and certified as correct to the secretary by the
10 auditor selected hereunder.
11 Section 1607-A. Pennsylvania Clean Campaign Funding
12 Formula.--(a) Every candidate who qualifies for Pennsylvania
13 Clean Campaign funding for either the primary or the general
14 election pursuant to section 1606-A shall receive matching
15 payments from said fund in the amount of two dollars and fifty
16 cents ($2.50) for each dollar of qualifying contribution as
17 defined in section 1606-A(b)(3).
18 (b) The two dollars and fifty cents ($2.50) for each dollar
19 of qualifying contributions provided by this section shall be
20 provided only for qualifying contributions raised which exceed
21 the threshold amounts specified in section 1606-A(b) and not to
22 those qualifying contributions which are attributable to meeting
23 such threshold amounts necessary to qualify for Pennsylvania
24 Clean Campaign funding.
25 (c) (1) Only those qualifying contributions made during the
26 period between a declaration of candidacy and the primary
27 election shall be eligible for matching payments from said fund
28 for the primary election.
29 (2) Only those qualifying contributions made during the
30 period between the primary election and the general election
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1 shall be eligible for matching payments from said fund for the
2 general election.
3 Section 1608-A. Limitations on Pennsylvania Clean Campaign
4 Funding.--(a) Every candidate who qualifies for and receives
5 Pennsylvania Clean Campaign funding pursuant to the formula
6 established in section 1607-A shall be entitled to receive no
7 more than the maximum amount specified in subsection (b) for the
8 office such candidate is seeking.
9 (b) (1) The maximum amount of Pennsylvania Clean Campaign
10 funding available for the general election for each candidate
11 under this article shall be as follows:
12 Office Maximum Pennsylvania Clean
13 Campaign Funding
14 (i) Supreme Court Justices $100,000
15 (ii) Superior Court Judges 100,000
16 (iii) Commonwealth Court Judges 100,000
17 (2) The maximum amount of Pennsylvania Clean Campaign
18 funding available for the primary election for each candidate
19 under this article shall be one-half the appropriate figure in
20 clause (1).
21 (c) Notwithstanding any other provisions of this article no
22 Pennsylvania Clean Campaign funding shall be provided to the
23 following:
24 (1) Candidates in the general election who have been
25 nominated by both major political parties.
26 (2) Candidates who are running in a judicial retention
27 election.
28 (3) Candidates in the primary election who are unopposed for
29 the nomination.
30 (d) As used in this article, "major political party" shall
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1 mean a political party whose candidate for Governor received
2 either the highest or second highest number of votes in the
3 preceding gubernatorial election.
4 Section 1609-A. Time of Payments.--(a) Beginning ninety
5 (90) days prior to the relevant primary or general election, the
6 secretary shall make payments authorized by this article at
7 least every two (2) weeks. However, except for the final
8 payment, no payment shall be due or paid if the payment does not
9 equal at least five thousand dollars ($5,000) in amount.
10 (b) If in the secretary's opinion insufficient funds exist
11 in the Pennsylvania Clean Campaign Fund to provide the
12 anticipated full funding to eligible candidates in a given
13 primary or general election, the secretary shall distribute the
14 available funds to qualified candidates on a pro-rata basis. In
15 determining whether sufficient funds are available, the
16 secretary shall not take into consideration the needs of any
17 subsequent primary or general elections but shall base the
18 decision solely on the immediate primary or election at hand.
19 Section 1610-A. Use of Pennsylvania Clean Campaign Funds by
20 Candidates.--(a) Pennsylvania Clean Campaign funds distributed
21 to candidates pursuant to this article may be used only for the
22 election for which they are distributed and only for the
23 following purposes:
24 (1) Radio and television time.
25 (2) Billboard rental.
26 (3) Newspaper advertising.
27 (4) Production costs of advertising.
28 (5) Printing and mailing of campaign literature.
29 (6) Legal and accounting.
30 (7) Telephone expenses.
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1 (8) Campaign office rental.
2 (9) Travel expenses.
3 (b) Pennsylvania Clean Campaign funds distributed to a
4 candidate pursuant to this article shall be placed in a single
5 bank account. Expenditures from this account shall be made only
6 for campaign expenses listed in subsection (a).
7 Section 1611-A. Expenditures.--(a) Expenditures made by a
8 candidate and his authorized committees, for all purposes and
9 from all sources, including, but not limited to, amounts of
10 Pennsylvania Clean Campaign funds distributed under this
11 article, proceeds of loans, gifts, contributions from any source
12 or personal funds, subsequent to the date of the primary
13 election, but prior to the date of the general election, may not
14 exceed three hundred thousand dollars ($300,000).
15 (b) Expenditures made by a candidate and his authorized
16 committees, subsequent to January 1 but prior to the date of the
17 primary election, may not exceed one-half of the amount
18 specified in subsection (a).
19 (c) Notwithstanding any other provision of this article, a
20 candidate who accepts public funding pursuant to the formula
21 established in section 1607-A, but whose major political party
22 opponent elects not to apply for such public funding, shall not
23 be bound by the expenditure limits specified in this section.
24 Section 1612-A. Limitations on Certain Contributions.--(a)
25 Any candidate for a State-wide judicial office shall not accept
26 contributions for each primary, general or special election
27 exceeds those specified limits as follows:
28 Contributor Limit
29 (1) Individual $1,000
30 (2) Candidate and spouse 25,000
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1 (3) Political action committee
2 as defined in section 1621(1) 1,000
3 (4) Partnerships 1,000
4 (b) Aggregate contributions during the year of the election
5 by a political party committee or candidate's political
6 committee to candidates receiving Pennsylvania Clean Campaign
7 funds shall not exceed the sum of contributions from individuals
8 to the committee, provided that whenever contributions in the
9 aggregate during the year of the election from an individual
10 exceed one thousand dollars ($1,000), only one thousand dollars
11 ($1,000) shall be included in that sum.
12 Section 1613-A. Inflation Indexing of Certain Limitations.--
13 The dollar figures contained in sections 1606-A, 1608-A and
14 1611-A shall be adjusted annually during March at a rate equal
15 to the average percentage change in the All-Urban Consumer Price
16 Index for the Pittsburgh, Philadelphia and Scranton standard
17 metropolitan statistical areas as published by the Bureau of
18 Labor Statistics of the United States Department of Labor, or
19 any successor agency, occurring in the prior calendar year. The
20 base year shall be 1984. The average shall be calculated and
21 certified by the secretary annually by adding the percentage
22 increase in each of the three areas and dividing by three. The
23 calculation and resulting new figures shall be published in the
24 Pennsylvania Bulletin during March.
25 Section 1614-A. Annual Report.--The secretary shall report
26 annually to the General Assembly and the Governor on the
27 operations of Pennsylvania Clean Campaign funds as provided by
28 this article. Such report shall include, but not be limited to,
29 the revenues and expenditures in the fund, the amounts
30 distributed to candidates, the results of any audits performed
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1 on candidates in compliance with the provisions of this article
2 and any prosecutions brought for violations of this article.
3 Section 1615-A. Return of Excess Funds.--All unexpended
4 campaign funds in a candidate's and his authorized committees'
5 possession sixty (60) days after the election shall be returned
6 to the secretary for deposit in the Pennsylvania Clean Campaign
7 Fund, up to the amount of the funds which were distributed to
8 the candidate under this article.
9 Section 1616-A. Penalties.--(a) A person who violates the
10 provisions of this act and who, as a result, obtains
11 Pennsylvania Clean Campaign funds to which he is not entitled
12 shall be guilty of a misdemeanor of the first degree and upon
13 conviction shall be subject to a fine not to exceed the greater
14 of ten thousand dollars ($10,000) or three times the amount of
15 funds wrongfully obtained, or imprisonment for up to five years
16 or both such fine and imprisonment.
17 (b) A person who violates section 1610-A or 1611-A of this
18 act shall be guilty of a misdemeanor of the first degree and
19 upon conviction shall be subject to a fine not to exceed the
20 greater of ten thousand ($10,000) or three times the amount of
21 funds that were wrongfully used or expended or to imprisonment
22 for up to five years, or to both such fine and imprisonment.
23 (c) Except as provided in subsections (a) and (b) of this
24 section, a person who violates any provision of this act shall
25 be guilty of a misdemeanor of the third degree and upon
26 conviction shall be subject to a fine of not more than one
27 thousand dollars ($1,000) or imprisonment for up to one year or
28 both.
29 Section 2. This act shall be applicable to returns of
30 taxpayers of calendar years commencing January 1, 1985, and
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1 thereafter. Pennsylvania Clean Campaign funding shall be first
2 provided for candidates for Statewide judicial office in the
3 primary election in April of 1986 and in each primary, municipal
4 and general election thereafter.
5 Section 3. This act shall take effect immediately.
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