PRIOR PRINTER'S NO. 493 PRINTER'S NO. 1200
No. 442 Session of 1993
INTRODUCED BY TULLI, D. R. WRIGHT, PICCOLA, MARSICO, CORNELL,
BATTISTO, NAILOR, VANCE, FARGO, KREBS, DENT, LEH, B. SMITH,
CESSAR, BAKER, WOGAN, KELLER, FAIRCHILD, BLAUM, STABACK,
GEIST, FLEAGLE, BARLEY, FLICK, NICKOL, TRUE, LYNCH,
M. N. WRIGHT, E. Z. TAYLOR, GERLACH, PESCI, SCHEETZ,
ARMSTRONG, ULIANA, BUSH, ARGALL, BROWN, MELIO, MASLAND,
DALEY, BELFANTI, ADOLPH, MICOZZIE, HANNA, RITTER, KING,
DONATUCCI, MERRY, REINARD, NYCE, SCHULER AND RUDY,
MARCH 15, 1993
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 19, 1993
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," further providing for the powers and duties of
12 the Secretary of the Commonwealth; AUTHORIZING THE FILING OF <--
13 CERTAIN REPORTS BY FACSIMILE; AND MAKING AN APPROPRIATION.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
17 No.320), known as the Pennsylvania Election Code, is amended to
18 read:
19 Section 201. Powers and Duties of the Secretary of the
1 Commonwealth.--The Secretary of the Commonwealth shall exercise
2 in the manner provided by this act all powers granted to him by
3 this act, and shall perform all the duties imposed upon him by
4 this act, which shall include the following:
5 (a) To determine, in accordance with the provisions of this
6 act, the forms of nomination petitions and papers, expense
7 accounts and all other forms and records, the form of which he
8 is required to determine under the provisions of this act. The
9 form of nomination petitions and papers shall require a
10 statement as to whether the candidate has ever been convicted
11 of, or pleaded guilty or no contest to, an offense graded higher
12 than a misdemeanor of the first degree.
13 (b) To examine and reexamine voting machines, and to approve
14 or disapprove them for use in this State, in accordance with the
15 provisions of this act.
16 (c) To certify to county boards of elections for primaries
17 and elections the names of the candidates for President and
18 Vice-President of the United States, presidential electors,
19 United States senators, representatives in Congress and all
20 State offices, including senators, representatives, and judges
21 of all courts of record, and delegates and alternate delegates
22 to National Conventions, and members of State committees, and
23 the form and wording of constitutional amendments or other
24 questions to be submitted to the electors of the State at large.
25 (d) To receive and determine, as hereinafter provided, the
26 sufficiency of nomination petitions, certificates and papers of
27 candidates for President of the United States, presidential
28 electors, United States senators, representatives in Congress
29 and all State offices, including senators, representatives and
30 judges of all courts of record, and delegates and alternate
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1 delegates to National Conventions and members of State
2 committees.
3 (e) To receive such reports from county boards of elections
4 as are required by this act, and to demand such additional
5 reports on special matters as he may deem necessary.
6 (f) To receive from county boards of elections the returns of
7 primaries and elections, to canvass and compute the votes cast
8 for candidates and upon questions as required by the provisions
9 of this act; to proclaim the results of such primaries and
10 elections, and to issue certificates of election to the
11 successful candidates at such elections, except in cases where
12 that duty is imposed by law on another officer or board.
13 (g) To perform such other duties as may be prescribed by law.
14 SECTION 2. SECTION 1628 OF THE ACT, AMENDED JULY 11, 1980 <--
15 (P.L.600, NO.128), IS AMENDED TO READ:
16 SECTION 1628. LATE CONTRIBUTIONS AND INDEPENDENT
17 EXPENDITURES.--
18 ANY CANDIDATE OR POLITICAL COMMITTEE, AUTHORIZED BY A
19 CANDIDATE AND CREATED SOLELY FOR THE PURPOSE OF INFLUENCING AN
20 ELECTION ON BEHALF OF THAT CANDIDATE, WHICH RECEIVES ANY
21 CONTRIBUTION OR PLEDGE OF FIVE HUNDRED DOLLARS ($500) OR MORE,
22 AND ANY PERSON MAKING AN INDEPENDENT EXPENDITURE, AS DEFINED BY
23 THIS ACT, OF FIVE HUNDRED DOLLARS ($500) OR MORE AFTER THE FINAL
24 PRE-ELECTION REPORT HAS BEEN DEEMED COMPLETED SHALL REPORT SUCH
25 CONTRIBUTION, PLEDGE OR EXPENDITURE TO THE APPROPRIATE
26 SUPERVISOR BY TELEGRAM [OR], MAILGRAM OR FACSIMILE. SUCH
27 TELEGRAM [OR], MAILGRAM OR FACSIMILE SHALL BE SENT BY THE
28 CANDIDATE, CHAIRMAN OR TREASURER OF THE POLITICAL COMMITTEE
29 WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT OF THE CONTRIBUTION. IT
30 SHALL BE THE DUTY OF THE SUPERVISOR TO CONFIRM THE SUBSTANCE OF
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1 SUCH TELEGRAM [OR], MAILGRAM OR FACSIMILE. ORIGINAL REPORTS
2 SUBMITTED BY FACSIMILE SHALL ALSO BE SENT TO THE APPROPRIATE
3 SUPERVISOR BY REGULAR MAIL WITHIN TWENTY-FOUR (24) HOURS OF
4 RECEIPT OF THE CONTRIBUTION. ANY CANDIDATE IN HIS OWN BEHALF, OR
5 CHAIRMAN, TREASURER OR CANDIDATE IN BEHALF OF THE POLITICAL
6 COMMITTEE MAY ALSO COMPLY WITH THIS SECTION BY APPEARING
7 PERSONALLY BEFORE SUCH SUPERVISOR AND REPORTING SUCH LATE
8 CONTRIBUTIONS OR PLEDGES.
9 SECTION 3. THE SUM OF $1,000, OR AS MUCH THEREOF AS MAY BE
10 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF STATE FOR
11 THE PURCHASE OF A FACSIMILE MACHINE.
12 Section 2 4. The amendment of section 201(a) of the act <--
13 shall apply to filings made after the new forms are established
14 by the Secretary of the Commonwealth.
15 Section 3 5. This act shall take effect in 180 days. <--
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