PRINTER'S NO. 971
No. 876 Session of 1995
INTRODUCED BY KUKOVICH, CURRY, LEVDANSKY, CONTI, BATTISTO, CAPPABIANCA, CAWLEY, COWELL, DeLUCA, FAJT, GORDNER, HANNA, JOSEPHS, LAUGHLIN, MANDERINO, MARKOSEK, MASLAND, MELIO, MICHLOVIC, MIHALICH, MUNDY, STABACK, STEELMAN, STETLER, STURLA, TANGRETTI, THOMAS, TIGUE, VAN HORNE, VITALI AND BELFANTI, FEBRUARY 27, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 27, 1995
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 defining "independent expenditure"; 12 further providing for reporting; providing for funding of 13 certain Statewide elections; limiting certain contributions; 14 imposing powers and duties on the Department of State; and 15 providing penalties. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Section 1621(e) of the act of June 3, 1937, 19 (P.L.1333, No.320), known as the Pennsylvania Election Code, 20 added October 4, 1978 (P.L.893, No.171), is amended to read: 21 Section 1621. Definitions.--As used in this article, the 22 following words have the following meanings:
1 * * * 2 (e) The words "independent expenditure" shall mean an 3 expenditure by a person [made for the purpose of influencing an 4 election without cooperation or consultation with any candidate 5 or any political committee authorized by that candidate and 6 which is not made in concert with or at the request or 7 suggestion of any candidate or political committee or agent 8 thereof.] or political committee, other than a candidate's 9 campaign committee, that expressly advocates the election or 10 defeat of a clearly identified candidate, that is made without 11 cooperation or consultation with any candidate or committee or 12 agent of the candidate and that is not made in concert with or 13 at the request or suggestion of a candidate or any committee or 14 agent of the candidate. An expenditure is not an independent 15 expenditure if any of the following applies: 16 (1) Any officer, member, employe or agent of the political 17 committee making the expenditure is also an officer, member, 18 employe or agent of the committee of the candidate whose 19 election or whose opponent's defeat is being advocated by the 20 expenditure or an agent of the candidate whose election or whose 21 opponent's defeat is being advocated by the expenditure. 22 (2) There is an arrangement, coordination or direction with 23 respect to the expenditure between the candidate or the 24 candidate's agent and the person making the expenditure, 25 including any officer, director, employe or agent of that 26 person. 27 (3) In the same election, the person making the expenditure, 28 including any officer, director, employe or agent of that 29 person, is or has been: 30 (i) Authorized to raise or expend moneys on behalf of the 19950H0876B0971 - 2 -
1 candidate or the candidate's authorized committees. 2 (ii) Receiving any form of compensation or reimbursement 3 from the candidate, the candidate's committees or the 4 candidate's agent. 5 (4) The expenditure is based on information about the 6 candidate's plans, projects or needs or those of his campaign 7 committee, provided to the expending person by the candidate or 8 by the candidate's agents or any officer, member or employe of 9 the candidate's campaign committee with a view toward having the 10 expenditure made. 11 * * * 12 Section 2. Section 1626(a) and (j) of the act, added October 13 4, 1978 (P.L.893, No.171) and July 21, 1979 (P.L.189, No.63), 14 are amended to read: 15 Section 1626. Reporting by Candidate and Political 16 Committees and other Persons.-- 17 (a) Each treasurer of a political committee and each 18 candidate for election to public office shall file with the 19 appropriate supervisor reports of receipts and expenditures on 20 forms, designed by the Secretary of the Commonwealth, if the 21 amount received or expended or liabilities incurred shall exceed 22 the sum of two hundred fifty dollars ($250) regardless if the 23 amount received or expended is for one candidate or a number of 24 candidates. Should such an amount not exceed two hundred fifty 25 dollars ($250), then the candidate or the treasurer of the 26 committee shall file a sworn statement to that effect with the 27 appropriate supervisor rather than the report required by this 28 section. 29 * * * 30 (j) All "Political Action Committees" shall report to the 19950H0876B0971 - 3 -
1 Secretary of the Commonwealth and the respective county board of 2 elections all expenditures to or made on behalf of, any State- 3 wide candidate, candidate for the Pennsylvania House of 4 Representatives, or candidate for the State Senate, in the same 5 manner as indicated in this section as a candidate's political 6 committee. This provision shall be in addition to any other 7 filing and reporting provisions of this act which apply to such 8 committees, their treasurers and chairmen. 9 Section 3. Section 1628 of the act, amended July 11, 1980 10 (P.L.600, No.128), is amended to read: 11 Section 1628. Late Contributions and Independent 12 Expenditures.-- 13 (a) Any candidate or political committee, authorized by a 14 candidate and created solely for the purpose of influencing an 15 election on behalf of that candidate, which receives any 16 contribution or pledge of five hundred dollars ($500) or more, 17 and any person making an independent expenditure, as defined by 18 this act, of five hundred dollars ($500) or more after the final 19 pre-election report has been deemed completed shall report such 20 contribution, pledge or expenditure to the appropriate 21 supervisor by telegram or mailgram. Such telegram or mailgram 22 shall be sent by the candidate, chairman or treasurer of the 23 political committee within twenty-four (24) hours of receipt of 24 the contribution. It shall be the duty of the supervisor to 25 confirm the substance of such telegram or mailgram. Any 26 candidate in his own behalf, or chairman, treasurer or candidate 27 in behalf of the political committee may also comply with this 28 section by appearing personally before such supervisor and 29 reporting such late contributions or pledges. 30 (b) In addition to the information concerning independent 19950H0876B0971 - 4 -
1 expenditures reported by a person or political committee under 2 section 1626, a person or political committee that makes 3 independent expenditures relating to any one candidate or office 4 within thirty (30) days before the day of any election to which 5 the expenditures relate and which aggregate five hundred dollars 6 ($500) shall report the independent expenditures within twenty- 7 four (24) hours or by 5 o'clock P.M. the day following a weekend 8 or holiday of when the expenditure is made. If a person or 9 political committee makes an independent expenditure for 10 campaign literature or an advertisement, the person or political 11 committee making the expenditure shall also send by certified 12 mail a copy of the campaign literature or advertisement to each 13 candidate named or otherwise referred to in the literature or 14 advertisement within twenty-four (24) hours or by 5 o'clock P.M. 15 the day following a weekend or holiday of the expenditure or 16 distribution. 17 (c) An independent expenditure report filed under subsection 18 (b) shall be filed with the supervisor prescribed in section 19 1626 and shall contain all of the following: 20 (1) The name and address of any person to whom an 21 independent expenditure was made. 22 (2) The date and amount of the independent expenditure. 23 (3) The purpose of the independent expenditure, including a 24 description of what was purchased. 25 (4) The name of each candidate whose election or defeat was 26 advocated by the expenditure and, for each candidate, the office 27 sought by the candidate and the year of the election. 28 (5) The names, occupations, employers and amount contributed 29 by all contributors of two hundred fifty dollars ($250) or more. 30 If any of these contributors is a political committee, the 19950H0876B0971 - 5 -
1 report shall include the names, occupations and employers of the 2 committee's chairman and treasurer. 3 (6) Under penalty of perjury, a certification stating that 4 the claimed independent expenditure is not made in cooperation, 5 consultation or concert with or at the request or suggestion of 6 any candidate or any campaign committee or agent of that 7 candidate. 8 (7) A copy of any literature or advertisement or other 9 communication, including an advertisement in an electronic or 10 print medium, that was purchased with the independent 11 expenditure. 12 (d) If a person or political committee makes an independent 13 expenditure of less than five hundred dollars ($500) for 14 campaign literature or an advertisement for the purpose of 15 influencing an election, including an advertisement in 16 electronic or print media, in the last thirty (30) days 17 preceding the election or if an independent expenditure is made 18 for campaign literature or advertisements that are distributed 19 during the last thirty (30) days preceding the election, the 20 person or political committee making the expenditure shall file 21 a copy of the campaign literature or advertisement with the 22 Secretary of the Commonwealth within twenty-four (24) hours of 23 the expenditure or distribution. 24 (e) Filing by electronic facsimile or by telegram is 25 permissible. 26 (f) An expenditure by a political committee or a person that 27 does not meet the definition of an independent expenditure is an 28 in-kind contribution to the candidate and a corresponding 29 expenditure by the candidate unless otherwise exempted. 30 (g) A person who violates this section is subject to a civil 19950H0876B0971 - 6 -
1 penalty of three (3) times the cost of the literature or 2 advertisement that was distributed in violation of this section. 3 Section 4. The act is amended by adding a section to read: 4 Section 1633.1. Contributions or Expenditures by 5 Partnerships.--It is unlawful for any partnership operating 6 under the laws of this State or any other state or any foreign 7 country to make a contribution or expenditure in connection with 8 any State-wide judicial office. Furthermore, it shall be 9 unlawful for any candidate running for State-wide judicial 10 office, political committee or other person to knowingly accept 11 or receive any contribution prohibited by this section or for 12 any partner of any partnership to consent to any contribution or 13 expenditure prohibited by this section. 14 Section 5. The act is amended by adding an article to read: 15 ARTICLE XVI-A 16 Pennsylvania Fair Campaign Fund 17 Section 1601-A. Definitions.--As used in this article, the 18 following words have the following meanings: 19 "Declaration of candidacy" shall mean the point in a person's 20 campaign for political office at which that person becomes in 21 compliance with section 1622. 22 "Department" shall mean the Department of State of the 23 Commonwealth. 24 "Fund" shall mean the Pennsylvania Fair Campaign Fund 25 established under section 1604-A. 26 "Major political party" shall mean a political party whose 27 candidate for Governor received either the highest or second 28 highest number of votes in the preceding gubernatorial election. 29 "Secretary" shall mean the Secretary of the Commonwealth. 30 Section 1602-A. Application of Article.--Except as provided 19950H0876B0971 - 7 -
1 in section 1613-A, the provisions of this article shall be 2 applicable to candidates for the following State-wide offices 3 who elect to apply for campaign funding under this article: 4 (1) Supreme Court Justice. 5 (2) Superior Court Judge. 6 (3) Commonwealth Court Judge. 7 Section 1603-A. Administration.--The provisions of this 8 article shall be administered by the department. The department 9 may adopt rules and regulations as may be necessary for the 10 implementation of this article. 11 Section 1604-A. Pennsylvania Fair Campaign Fund 12 Established.--There is hereby established a special restricted 13 receipts fund in the State Treasury to be known as the 14 Pennsylvania Fair Campaign Fund. Payments shall be made into 15 this fund pursuant to section 1605-A and disbursements shall be 16 made from the fund only upon the warrant of the secretary and a 17 warrant of the State Treasurer. As much of the moneys in the 18 fund as are necessary to make payments to candidates as provided 19 in this article are appropriated from the Pennsylvania Fair 20 Campaign Fund to the Department of State on a continuing basis 21 for the purpose of such payments. No moneys of the General Fund 22 shall be used for the purposes of the Pennsylvania Fair Campaign 23 Fund. 24 Section 1605-A. Allocation of Certain Tax Proceeds to 25 Fund.--Beginning with tax years commencing January 1, 1996, and 26 thereafter, each individual subject to the tax imposed by 27 Article III of the act of March 4, 1971 (P.L.6, No.2), known as 28 the "Tax Reform Code of 1971," whose tax liability for the year 29 is one dollar ($1)or more may designate one dollar ($1) of his 30 personal income taxes to be paid into the Pennsylvania Fair 19950H0876B0971 - 8 -
1 Campaign Fund. In the case of married taxpayers filing a joint 2 return, each spouse may designate one dollar ($1) to be paid 3 into the Pennsylvania Fair Campaign Fund if their tax liability 4 is two dollars ($2) or more. All of these designated tax 5 revenues shall be paid into the fund. The check-off and 6 instructions shall be prominently displayed on the first page of 7 the tax return form. The instructions shall readily indicate 8 that these designations neither increase nor decrease an 9 individual's tax liability. 10 Section 1606-A. Certification of Moneys in Fund.--By June 30 11 of each year, the State Treasurer shall certify to the 12 department the current balance available in the fund. 13 Section 1607-A. Qualification for Funding.--(a) Any 14 candidate for office as described in section 1602-A may apply 15 for funding under this article if the candidate meets the 16 contributory thresholds established in subsection (b) and 17 otherwise conforms to the requirements of this article. No 18 candidate shall be obligated to apply for funding under this 19 article and if any candidate elects not to apply, the provisions 20 of this article pertaining to limits on expenditures or the use 21 of his personal funds shall be inapplicable to the person and 22 his candidacy. Any candidate electing to receive funding under 23 this article shall declare his intention to do so and specify 24 the office for which he is a candidate. No candidate may elect 25 to receive funding under this article for a general or municipal 26 election unless the candidate elected to receive funding under 27 this article for the primary election. A candidate who is 28 nominated by his party to fill a vacancy which occurs after the 29 primary or who is placed on the ballot by petition and qualifies 30 for funding pursuant to section 1607(b) is eligible to receive 19950H0876B0971 - 9 -
1 funding under this article for a general or municipal election. 2 Any and all committees authorized to receive contributions or 3 make expenditures for the candidate who has so declared shall 4 abide by the provisions of section 1613-A. Any candidate who for 5 any reason has his name withdrawn from the ballot for an 6 election, after receipt of funds under this article, shall 7 return to the fund all unspent money received from the 8 Pennsylvania Fair Campaign Fund. 9 (b) (1) In order to qualify for funding in a general 10 election, a candidate must receive subsequent to the date of 11 that candidate's primary election but prior to the date of that 12 candidate's general election qualifying contributions of the 13 following amounts: 14 Office Qualifying Contributions Required 15 (i) Supreme Court Justices $30,000 16 (ii) Superior Court Judges 30,000 17 (iii) Commonwealth Court Judges 30,000 18 (2) In order to qualify for funding in a primary election, a 19 candidate must receive prior to the date of the primary 20 election, but subsequent to January 1 of the year in which that 21 candidate runs for office, one-half of the amount specified in 22 clause (1) for the appropriate office. 23 (3) (i) The term "qualifying contribution" shall include 24 any contribution, as defined in section 1621(b), which has all 25 of the following characteristics: 26 (A) Made by an individual resident of Pennsylvania. 27 (B) Made by a written instrument which indicates the 28 contributor's full name and mailing address and is not intended 29 to be returned to the contributor or transferred to another 30 political committee or candidate. 19950H0876B0971 - 10 -
1 (ii) If a contributor receives goods or services of value in 2 return for his contribution, the qualifying contribution shall 3 be calculated as the original contribution, minus the fair 4 market value of the goods or services received. 5 (iii) Contributions by an individual which exceed two 6 hundred fifty dollars ($250) in the aggregate shall be deemed 7 only a two hundred fifty dollar ($250) qualifying contribution 8 for the purposes of this section and for the matching payment 9 provisions of section 1608-A. 10 (c) The department shall select an auditor pursuant to the 11 provisions of section 1635(a). Each candidate who elects to 12 apply for funding under this article shall provide evidence that 13 the candidate has raised the qualifying contributions required 14 by this section which evidence shall be verified and certified 15 as correct to the department by the auditor selected under this 16 article. The department shall establish a deadline for the 17 certification and a process for verification by the auditor 18 selected under this article. 19 Section 1608-A. Funding Formula.--(a) Every candidate who 20 qualifies for funding for either the primary or the general 21 election pursuant to section 1607-A shall receive matching 22 payments from the fund in the amount of one dollar ($1) for each 23 dollar of qualifying contribution as defined in section 1607- 24 A(b)(3). 25 (b) (1) Only those qualifying contributions made during the 26 period between January 1 of the year in which the candidate runs 27 for office and the primary election shall be eligible for 28 matching payments from the fund for the primary election. 29 (2) Only those qualifying contributions made during the 30 period between the primary election and the general election of 19950H0876B0971 - 11 -
1 the year in which that candidate runs for office shall be 2 eligible for matching payments from the fund for the general 3 election. 4 (c) Matching funds shall not be provided for any qualifying 5 contributions unless the reporting requirements of section 6 1626(b) are satisfied. 7 Section 1609-A. Limitations on Funding.--(a) Every 8 candidate who qualifies for and receives funding pursuant to the 9 formula established in section 1608-A shall be entitled to 10 receive no more than the maximum amount specified in subsection 11 (b) for the office the candidate is seeking. 12 (b) (1) The maximum amount of funding available for the 13 general election for each candidate under this article shall be 14 as follows: 15 Office Maximum Pennsylvania Fair 16 Campaign Funding 17 (i) Supreme Court Justices $150,000 18 (ii) Superior Court Judges 150,000 19 (iii) Commonwealth Court Judges 150,000 20 (2) The maximum amount of funding available for the primary 21 election for each candidate under this article shall be one-half 22 the appropriate figure in clause (1). 23 (c) Notwithstanding any other provisions of this article no 24 funding shall be provided to the following: 25 (1) Candidates in the general election who have been 26 nominated by both major political parties. 27 (2) Candidates in the primary election who are unopposed for 28 the nomination. 29 Section 1610-A. Time of Payments.--(a) Beginning ninety 30 (90) days prior to the relevant primary or general election, the 19950H0876B0971 - 12 -
1 department shall make payments authorized by this article at 2 least every two (2) weeks. However, except for the final 3 payment, no payment shall be due or paid if the payment does not 4 equal at least five thousand dollars ($5,000) in amount. 5 (b) If in the secretary's opinion insufficient funds exist 6 in the fund to provide the anticipated full funding to eligible 7 candidates in a given primary or general election, the 8 department shall distribute the available funds to qualified 9 candidates on a pro-rata basis. In determining whether 10 sufficient funds are available, the secretary shall not take 11 into consideration the needs of any subsequent primary or 12 general elections but shall base the decision solely on the 13 immediate primary or election at hand. 14 Section 1611-A. Use of Funds by Candidates.--(a) Funds 15 distributed to candidates pursuant to this article may be used 16 only for the election for which they are distributed and only 17 for the purposes set forth in section 1634.1 except that no fund 18 moneys may be used: 19 (1) To transfer to other candidates or to committees of 20 other candidates or to political committees. 21 (2) To pay for expenditures incurred after the date of the 22 general election. 23 (b) Funds distributed to a candidate pursuant to this 24 article shall be placed in a single bank account. Expenditures 25 from this account shall be made only for campaign expenses 26 listed in subsection (a). 27 Section 1612-A. Expenditures.--(a) Expenditures made by a 28 candidate and his authorized committees, for all purposes and 29 from all sources, including, but not limited to, amounts of 30 funds distributed under this article, proceeds of loans, gifts, 19950H0876B0971 - 13 -
1 contributions from any source or personal funds, subsequent to 2 the date of the primary election, but prior to the date of the 3 general election, may not exceed the amounts specified below: 4 Office Total Expenditure Limits 5 (i) Justice of the 6 Supreme Court $300,000 7 (ii) Judge of the 8 Superior Court 300,000 9 (iii) Judge of the 10 Commonwealth Court 300,000 11 (b) Expenditures made by a candidate and his authorized 12 committees, subsequent to January 1 of the year in which the 13 candidate runs for office but prior to the date of the primary 14 election, may not exceed one-half of the amount specified in 15 subsection (a). 16 (c) Notwithstanding any other provision of this article, a 17 candidate who accepts public funding pursuant to the formula 18 established in section 1608-A, but whose major political party 19 opponent in a general or municipal election elects not to apply 20 for the public funding, shall not be bound by the expenditure 21 limits specified in this section. A candidate who accepts public 22 funding shall be eligible to qualify for those fair campaign 23 funds which would have otherwise been available to an opponent 24 who has chosen not to apply for funding from the Pennsylvania 25 Fair Campaign Fund. 26 (d) Notwithstanding any other provision of this article, a 27 candidate who accepts public funding pursuant to the formula 28 established in section 1608-A, but whose major political party 29 opponents in a primary election elect to not apply for the 30 public funding, shall not be bound by the expenditure limits 19950H0876B0971 - 14 -
1 specified in this section. If there is more than one candidate 2 in a major political party in a primary election, the fair 3 campaign funds which would have otherwise been available to each 4 opponent who has elected to not apply for the public funding 5 shall be divided equally among the candidates who accept public 6 financing. 7 Section 1613-A. Limitations on Certain Contributions.--(a) 8 Any candidate for the office of Justice of the Supreme Court or 9 Judge of the Superior Court or Commonwealth Court shall not 10 accept contributions from an individual or political action 11 committee which in the aggregate exceed two hundred fifty 12 dollars ($250) for any primary, general or special election. 13 However, the candidate and spouse may contribute up to thirty 14 thousand dollars ($30,000) in the aggregate for each primary, 15 general or special election in which that candidate is running 16 for office. 17 (b) Any candidate for the office of Governor, Lieutenant 18 Governor, Auditor General, Attorney General, State Treasurer, 19 Senate or House of Representatives shall not accept 20 contributions which in the aggregate exceed the following limits 21 for any primary, general or special election in which that 22 candidate is running for office: 23 Contributor Limit 24 (1) Individual $ 1,000 25 (2) Political action committee 26 as defined in section 1621(1) 5,000 27 (c) A gift, subscription, loan, advance or deposit of money 28 or anything of value to a candidate shall be considered a 29 contribution both by the original source of the contribution and 30 by any intermediary or conduit if the intermediary or conduit-- 19950H0876B0971 - 15 -
1 (1) exercises any control or any direction over the making of 2 the contribution; or (2) solicits the contribution or arranges 3 for the contribution to be made and directly or indirectly makes 4 the candidate aware of such intermediary or conduit's role in 5 soliciting or arranging the contribution for the candidate. 6 (d) For purposes of subsection (c), a contribution shall not 7 be considered to be a contribution by an intermediary or conduit 8 to the candidate if-- (1) the intermediary or conduit has been 9 retained by the candidate's committee for the purpose of fund- 10 raising and is reimbursed for expenses incurred in soliciting 11 contributions; (2) in the case of an individual, the candidate 12 has expressly authorized the intermediary or conduit to engage 13 in fund-raising, or the individual occupies a significant 14 position within the candidate's campaign organization; or (3) in 15 the case of a political committee, the intermediary or conduit 16 is an authorized committee of the candidate. 17 (e) This section shall apply to any candidate for any office 18 set forth in this section, regardless of whether or not the 19 candidate receives funding from the fund. 20 Section 1614-A. Inflation Indexing of Certain Limitations.-- 21 The dollar figures contained in sections 1607-A, 1609-A and 22 1612-A shall be adjusted annually during March at a rate equal 23 to the average percentage change in the All-Urban Consumer Price 24 Index for the Pittsburgh, Philadelphia and Scranton standard 25 metropolitan statistical areas as published by the Bureau of 26 Labor Statistics of the United States Department of Labor, or 27 any successor agency, occurring in the prior calendar year. The 28 base year shall be 1994. The average shall be calculated and 29 certified by the secretary annually by adding the percentage 30 increase in each of the three areas and dividing by three. The 19950H0876B0971 - 16 -
1 calculation and resulting new figures shall be published in the 2 Pennsylvania Bulletin during March. 3 Section 1615-A. Annual Report.--The secretary shall report 4 annually to the Governor and the General Assembly on the 5 operations of funding as provided by this article. This report 6 shall include, but not be limited to, the revenues and 7 expenditures in the fund, the amounts distributed to candidates, 8 the results of any audits performed on candidates in compliance 9 with this article and any prosecutions brought for violations of 10 this article. 11 Section 1616-A. Return of Excess Funds.--(a) All unexpended 12 campaign funds in a candidate's and his authorized committees' 13 possession sixty (60) days after a primary election shall be 14 returned to the secretary for deposit in the Pennsylvania Fair 15 Campaign Fund, up to the amount of the funds which were 16 distributed to the candidate under this article for the primary 17 election. 18 (b) All unexpended campaign funds in a candidate's and his 19 authorized committee's possession sixty (60) days after a 20 general or municipal election shall be returned to the secretary 21 for deposit in the Pennsylvania Fair Campaign Fund, up to the 22 amount of the funds which were distributed to the candidate 23 under this article for the general or municipal election. 24 Section 1617-A. Penalties.--(a) A person who violates the 25 provisions of this article and who, as a result, obtains funds 26 under this article to which he is not entitled commits a 27 misdemeanor of the first degree and shall, upon conviction, be 28 subject to a fine not to exceed the greater of ten thousand 29 dollars ($10,000) or three times the amount of funds wrongfully 30 obtained or to imprisonment for up to five years, or both. 19950H0876B0971 - 17 -
1 (b) A person who violates section 1611-A or 1612-A commits a 2 misdemeanor of the first degree and shall, upon conviction, be 3 subject to a fine not to exceed the greater of ten thousand 4 dollars ($10,000) or three times the amount of funds that were 5 wrongfully used or expended or to imprisonment for up to five 6 years, or both. 7 (c) Except as provided in subsections (a) and (b), a person 8 who violates any provision of this act commits a misdemeanor of 9 the third degree and shall, upon conviction, be subject to a 10 fine of not more than one thousand dollars ($1,000) or to 11 imprisonment for up to one year, or both. 12 Section 6. This act shall apply to returns of taxpayers of 13 calendar years commencing January 1, 1996, and thereafter. 14 Funding from the Pennsylvania Fair Campaign Fund shall be 15 provided to candidates for office beginning with the primary 16 election of 1998 and in each primary, municipal and general 17 election thereafter. 18 Section 7. This act shall take effect immediately. B7L25JLW/19950H0876B0971 - 18 -