PRINTER'S NO. 509
No. 495 Session of 1999
INTRODUCED BY KUKOVICH, CONTI, COSTA, EARLL, MUSTO, O'PAKE,
KASUNIC, BOSCOLA AND BODACK, FEBRUARY 26, 1999
REFERRED TO APPROPRIATIONS, FEBRUARY 26, 1999
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 form of official
12 primary ballots; providing for funding of certain Statewide
13 elections; limiting certain contributions; imposing powers
14 and duties on the Department of State; and providing
15 penalties.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1002(b) of the act of June 3, 1937
19 (P.L.1333, No.320), known as the Pennsylvania Election Code,
20 amended December 2, 1976 (P.L.1221, No.269), is amended to read:
21 Section 1002. Form of Official Primary Ballot.--* * *
22 (b) On the back of each ballot shall be printed in prominent
23 type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
24 followed by the designation of the election district for which
1 it is prepared, the date of the primary and the facsimile
2 signatures of the members of the county board of elections.
3 [The] Except in the case of candidates for State-wide judicial
4 office, the names of candidates shall [in all cases] be arranged
5 under the title of the office for which they are candidates, and
6 be printed thereunder in the order determined by the casting of
7 lots as provided by this act. The names of all candidates for a
8 State-wide judicial office shall be arranged in a group under
9 the title of that office and shall be rotated from one county to
10 another. The Department of State shall develop a lottery system
11 to assure that the name of each State-wide judicial candidate
12 will be rotated so that it will appear, insofar as may be
13 reasonably possible, substantially an equal number of times at
14 the beginning, at the end and at each intermediate place, if
15 any, of the group in which such name belongs. Under the title of
16 such offices where more than one candidate is to be voted for,
17 shall be printed "Vote for not more than ........" (the blank
18 space to indicate the number of candidates to be voted for the
19 particular office.) At the right of the name of each candidate
20 there shall be a square of sufficient size for the convenient
21 insertion of a cross (x) or check ( ) mark. There shall be left
22 at the end of the list of candidates for each office (or under
23 the title of the office itself in case there be no candidates
24 who have filed nomination petitions therefor) as many blank
25 spaces as there are persons to be voted for, for such office, in
26 which space the elector may insert the name of any person whose
27 name is not printed on the ballot as a candidate for such
28 office. [Opposite or under the name of each candidate, except
29 candidates for the office of President of the United States and
30 candidates for delegate or alternate delegate to a National
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1 Party Convention, who is to be voted for by the electors of more
2 than one county, shall be printed the name of the county in
3 which such candidate resides; and opposite or under the name of
4 each candidate except candidates for delegate or alternate
5 delegate to a National Party Convention who is to be voted for
6 by the electors of an entire county or any congressional,
7 senatorial or representative district within the county, shall
8 be printed the name of the city, borough, township or ward, as
9 the case may be, in which such candidate resides.]
10 * * *
11 Section 2. Section 1621(e) of the act, added October 4, 1978
12 (P.L.893, No.171), is amended to read:
13 Section 1621. Definitions.--As used in this article, the
14 following words have the following meanings:
15 * * *
16 (e) The words "independent expenditure" shall mean an
17 expenditure by a person [made for the purpose of influencing an
18 election without cooperation or consultation with any candidate
19 or any political committee authorized by that candidate and
20 which is not made in concert with or at the request or
21 suggestion of any candidate or political committee or agent
22 thereof.] or political committee, other than a candidate's
23 campaign committee, that expressly advocates the election or
24 defeat of a clearly identified candidate, that is made without
25 cooperation or consultation with any candidate or committee or
26 agent of the candidate and that is not made in concert with or
27 at the request or suggestion of a candidate or any committee or
28 agent of the candidate. An expenditure is not an independent
29 expenditure if any of the following applies:
30 (1) Any officer, member, employe or agent of the political
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1 committee making the expenditure is also an officer, member,
2 employe or agent of the committee of the candidate whose
3 election or whose opponent's defeat is being advocated by the
4 expenditure or an agent of the candidate whose election or whose
5 opponent's defeat is being advocated by the expenditure.
6 (2) There is an arrangement, coordination or direction with
7 respect to the expenditure between the candidate or the
8 candidate's agent and the person making the expenditure,
9 including any officer, director, employe or agent of that
10 person.
11 (3) In the same election, the person making the expenditure,
12 including any officer, director, employe or agent of that
13 person, is or has been:
14 (i) Authorized to raise or expend moneys on behalf of the
15 candidate or the candidate's authorized committees.
16 (ii) Receiving any form of compensation or reimbursement
17 from the candidate, the candidate's committees or the
18 candidate's agent.
19 (4) The expenditure is based on information about the
20 candidate's plans, projects or needs or those of his campaign
21 committee, provided to the expending person by the candidate or
22 by the candidate's agents or any officer, member or employe of
23 the candidate's campaign committee with a view toward having the
24 expenditure made.
25 * * *
26 Section 3. The act is amended by adding a section to read:
27 Section 1633.1. Contributions or Expenditures by
28 Partnerships.--It is unlawful for any partnership operating
29 under the laws of this State or any other state or any foreign
30 country to make a contribution or expenditure in connection with
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1 any State-wide judicial office. Furthermore, it shall be
2 unlawful for any candidate running for State-wide judicial
3 office, political committee or other person to knowingly accept
4 or receive any contribution prohibited by this section or for
5 any partner of any partnership to consent to any contribution or
6 expenditure prohibited by this section.
7 Section 4. The act is amended by adding an article to read:
8 ARTICLE XVI-A
9 Pennsylvania Fair Campaign Fund
10 Section 1601-A. Definitions.--As used in this article, the
11 following words have the following meanings:
12 "Declaration of candidacy" shall mean the point in a person's
13 campaign for political office at which that person becomes in
14 compliance with section 1622 of this act.
15 "Department" shall mean the Department of State of the
16 Commonwealth.
17 "Fund" shall mean the Pennsylvania Fair Campaign Fund
18 established under section 1604-A.
19 "Major political party" shall mean a political party whose
20 candidate for Governor received either the highest or second
21 highest number of votes in the preceding gubernatorial election.
22 "Secretary" shall mean the Secretary of the Commonwealth.
23 Section 1602-A. Application of Article.--Except as provided
24 in section 1613-A, the provisions of this article shall be
25 applicable to candidates for the following State-wide offices
26 who elect to apply for campaign funding under this article:
27 (1) Supreme Court Justice.
28 (2) Superior Court Judge.
29 (3) Commonwealth Court Judge.
30 Section 1603-A. Administration.--The provisions of this
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1 article shall be administered by the department. The department
2 may adopt rules and regulations as may be necessary for the
3 implementation of this article.
4 Section 1604-A. Pennsylvania Fair Campaign Fund
5 Established.--There is hereby established a special restricted
6 receipts fund in the State Treasury to be known as the
7 Pennsylvania Fair Campaign Fund. Payments shall be made into
8 this fund pursuant to section 1605-A and disbursements shall be
9 made from the fund only upon the warrant of the secretary and a
10 warrant of the State Treasurer. As much of the moneys in the
11 fund as are necessary to make payments to candidates as provided
12 in this article are appropriated from the Pennsylvania Fair
13 Campaign Fund to the Department of State on a continuing basis
14 for the purpose of such payments. No moneys of the General Fund
15 shall be used for the purposes of the Pennsylvania Fair Campaign
16 Fund.
17 Section 1605-A. Allocation of Certain Tax Proceeds to
18 Fund.--Beginning with tax years commencing January 1, 2000, and
19 thereafter, each individual subject to the tax imposed by
20 Article III of the act of March 4, 1971 (P.L.6, No.2), known as
21 the "Tax Reform Code of 1971," whose tax liability for the year
22 is two dollars ($2) or more may designate two dollars ($2) of
23 his personal income taxes to be paid into the Pennsylvania Fair
24 Campaign Fund. In the case of married taxpayers filing a joint
25 return, each spouse may designate two dollars ($2) to be paid
26 into the Pennsylvania Fair Campaign Fund if their tax liability
27 is four dollars ($4) or more. All of these designated tax
28 revenues shall be paid into the fund. The check-off and
29 instructions shall be prominently displayed on the first page of
30 the tax return form. The instructions shall readily indicate
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1 that these designations neither increase nor decrease an
2 individual's tax liability.
3 Section 1606-A. Certification of Moneys in Fund.--By June 30
4 of each year, the State Treasurer shall certify to the
5 department the current balance available in the fund.
6 Section 1607-A. Qualification for Funding.--(a) Any
7 candidate for office as described in section 1602-A may apply
8 for funding under this article if the candidate meets the
9 contributory thresholds established in subsection (b) and
10 otherwise conforms to the requirements of this article. No
11 candidate shall be obligated to apply for funding under this
12 article and if any candidate elects not to apply, the provisions
13 of this article pertaining to limits on expenditures or the use
14 of his personal funds shall be inapplicable to the person and
15 his candidacy. Any candidate electing to receive funding under
16 this article shall declare his intention to do so and specify
17 the office for which he is a candidate. No candidate may elect
18 to receive funding under this article for a general or municipal
19 election unless the candidate elected to receive funding under
20 this article for the primary election. A candidate who is
21 nominated by his party to fill a vacancy which occurs after the
22 primary or who is placed on the ballot by petition and qualifies
23 for funding pursuant to section 1607(b) is eligible to receive
24 funding under this article for a general or municipal election.
25 Any and all committees authorized to receive contributions or
26 make expenditures for the candidate who has so declared shall
27 abide by the provisions of section 1613-A. Any candidate who for
28 any reason has his name withdrawn from the ballot for an
29 election, after receipt of funds under this article, shall
30 return to the fund all unspent money received from the
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1 Pennsylvania Fair Campaign Fund.
2 (b) (1) In order to qualify for funding in a general
3 election, a candidate must receive subsequent to the date of
4 that candidate's primary election but prior to the date of that
5 candidate's general election qualifying contributions of the
6 following amounts:
7 Office Qualifying Contributions Required
8 (i) Supreme Court Justices $30,000
9 (ii) Superior Court Judges 30,000
10 (iii) Commonwealth Court Judges 30,000
11 (2) In order to qualify for funding in a primary election, a
12 candidate must receive prior to the date of the primary
13 election, but subsequent to January 1 of the year in which that
14 candidate runs for office, one-half of the amount specified in
15 clause (1) for the appropriate office.
16 (3) (i) The term "qualifying contribution" shall include
17 any contribution, as defined in section 1621(b), which has all
18 of the following characteristics:
19 (A) Made by an individual resident of Pennsylvania.
20 (B) Made by a written instrument which indicates the
21 contributor's full name and mailing address and is not intended
22 to be returned to the contributor or transferred to another
23 political committee or candidate.
24 (ii) If a contributor receives goods or services of value in
25 return for his contribution, the qualifying contribution shall
26 be calculated as the original contribution, minus the fair
27 market value of the goods or services received.
28 (iii) Contributions by an individual which exceed two
29 hundred fifty dollars ($250) in the aggregate shall be deemed
30 only a two hundred fifty dollar ($250) qualifying contribution
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1 for the purposes of this section and for the matching payment
2 provisions of section 1608-A.
3 (c) The department shall select an auditor pursuant to the
4 provisions of section 1635(a). Each candidate who elects to
5 apply for funding under this article shall provide evidence that
6 the candidate has raised the qualifying contributions required
7 by this section which evidence shall be verified and certified
8 as correct to the department by the auditor selected under this
9 article. The department shall establish a deadline for the
10 certification and a process for verification by the auditor
11 selected under this article.
12 Section 1608-A. Funding Formula.--(a) Every candidate who
13 qualifies for funding for either the primary or the general
14 election pursuant to section 1607-A shall receive matching
15 payments from the fund in the amount of one dollar ($1) for each
16 dollar of qualifying contribution as defined in section 1607-
17 A(b)(3).
18 (b) (1) Only those qualifying contributions made during the
19 period between January 1 of the year in which the candidate runs
20 for office and the primary election shall be eligible for
21 matching payments from the fund for the primary election.
22 (2) Only those qualifying contributions made during the
23 period between the primary election and the general election of
24 the year in which that candidate runs for office shall be
25 eligible for matching payments from the fund for the general
26 election.
27 (c) Matching funds shall not be provided for any qualifying
28 contributions unless the reporting requirements of section
29 1626(b) are satisfied.
30 Section 1609-A. Limitations on Funding.--(a) Every
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1 candidate who qualifies for and receives funding pursuant to the
2 formula established in section 1608-A shall be entitled to
3 receive no more than the maximum amount specified in subsection
4 (b) for the office the candidate is seeking.
5 (b) (1) The maximum amount of funding available for the
6 general election for each candidate under this article shall be
7 as follows:
8 Office Maximum Pennsylvania Fair
9 Campaign Funding
10 (i) Supreme Court Justices $200,000
11 (ii) Superior Court Judges 200,000
12 (iii) Commonwealth Court Judges 200,000
13 (2) The maximum amount of funding available for the primary
14 election for each candidate under this article shall be one-half
15 the appropriate figure in clause (1).
16 (c) Notwithstanding any other provisions of this article no
17 funding shall be provided to the following:
18 (1) Candidates in the general election who have been
19 nominated by both major political parties.
20 (2) Candidates in the primary election who are unopposed for
21 the nomination.
22 Section 1610-A. Time of Payments.--(a) Beginning ninety
23 (90) days prior to the relevant primary or general election, the
24 department shall make payments authorized by this article at
25 least every two (2) weeks. However, except for the final
26 payment, no payment shall be due or paid if the payment does not
27 equal at least five thousand dollars ($5,000) in amount.
28 (b) If in the secretary's opinion insufficient funds exist
29 in the fund to provide the anticipated full funding to eligible
30 candidates in a given primary or general election, the
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1 department shall distribute the available funds to qualified
2 candidates on a pro-rata basis. In determining whether
3 sufficient funds are available, the secretary shall not take
4 into consideration the needs of any subsequent primary or
5 general elections but shall base the decision solely on the
6 immediate primary or election at hand.
7 Section 1611-A. Use of Funds by Candidates.--(a) Funds
8 distributed to candidates pursuant to this article may be used
9 only for the election for which they are distributed and only
10 for the purposes set forth in section 1634.1 except that no fund
11 moneys may be used:
12 (1) To transfer to other candidates or to committees of
13 other candidates or to political committees.
14 (2) To pay for expenditures incurred after the date of the
15 general election.
16 (b) Funds distributed to a candidate pursuant to this
17 article shall be placed in a single bank account. Expenditures
18 from this account shall be made only for campaign expenses
19 listed in subsection (a).
20 Section 1612-A. Expenditures.--(a) Expenditures made by a
21 candidate and his authorized committees, for all purposes and
22 from all sources, including, but not limited to, amounts of
23 funds distributed under this article, proceeds of loans, gifts,
24 contributions from any source or personal funds, subsequent to
25 the date of the primary election, but prior to the date of the
26 general election, may not exceed the amounts specified below:
27 Office Total Expenditure Limits
28 (i) Justice of the
29 Supreme Court $400,000
30 (ii) Judge of the
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1 Superior Court 400,000
2 (iii) Judge of the
3 Commonwealth Court 400,000
4 (b) Expenditures made by a candidate and his authorized
5 committees, subsequent to January 1 of the year in which the
6 candidate runs for office but prior to the date of the primary
7 election, may not exceed one-half of the amount specified in
8 subsection (a).
9 (c) Notwithstanding any other provision of this article, a
10 candidate who accepts public funding pursuant to the formula
11 established in section 1608-A, but whose major political party
12 opponent in a general or municipal election elects not to apply
13 for the public funding, shall not be bound by the expenditure
14 limits specified in this section. A candidate who accepts public
15 funding shall be eligible to qualify for those fair campaign
16 funds which would have otherwise been available to an opponent
17 who has chosen not to apply for funding from the Pennsylvania
18 Fair Campaign Fund.
19 (d) Notwithstanding any other provision of this article, a
20 candidate who accepts public funding pursuant to the formula
21 established in section 1608-A, but whose major political party
22 opponents in a primary election elect to not apply for the
23 public funding, shall not be bound by the expenditure limits
24 specified in this section. If there is more than one candidate
25 in a major political party in a primary election, the fair
26 campaign funds which would have otherwise been available to each
27 opponent who has elected to not apply for the public funding
28 shall be divided equally among the candidates who accept public
29 financing.
30 Section 1613-A. Limitations on Certain Contributions.--(a)
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1 Any candidate for the office of Justice of the Supreme Court or
2 Judge of the Superior Court or Commonwealth Court shall not
3 accept contributions from an individual or political action
4 committee which in the aggregate exceed two hundred fifty
5 dollars ($250) for any primary, general or special election.
6 However, the candidate and spouse may contribute up to thirty
7 thousand dollars ($30,000) in the aggregate for each primary,
8 general or special election in which that candidate is running
9 for office.
10 (b) A gift, subscription, loan, advance or deposit of money
11 or anything of value to a candidate shall be considered a
12 contribution both by the original source of the contribution and
13 by any intermediary or conduit if the intermediary or conduit--
14 (1) exercises any control or any direction over the making of
15 the contribution; or
16 (2) solicits the contribution or arranges for the
17 contribution to be made and directly or indirectly makes the
18 candidate aware of such intermediary or conduit's role in
19 soliciting or arranging the contribution for the candidate.
20 (c) For purposes of subsection (b), a contribution shall not
21 be considered to be a contribution by an intermediary or conduit
22 to the candidate if--
23 (1) the intermediary or conduit has been retained by the
24 candidate's committee for the purpose of fund-raising and is
25 reimbursed for expenses incurred in soliciting contributions;
26 (2) in the case of an individual, the candidate has expressly
27 authorized the intermediary or conduit to engage in fund-
28 raising, or the individual occupies a significant position
29 within the candidate's campaign organization; or
30 (3) in the case of a political committee, the intermediary or
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1 conduit is an authorized committee of the candidate.
2 (d) This section shall apply to any candidate for any office
3 set forth in this section, regardless of whether or not the
4 candidate receives funding from the fund.
5 Section 1614-A. Inflation Indexing of Certain Limitations.--
6 The dollar figures contained in sections 1607-A, 1609-A and
7 1612-A shall be adjusted annually during March at a rate equal
8 to the average percentage change in the All-Urban Consumer Price
9 Index for the Pittsburgh, Philadelphia and Scranton standard
10 metropolitan statistical areas as published by the Bureau of
11 Labor Statistics of the United States Department of Labor, or
12 any successor agency, occurring in the prior calendar year. The
13 base year shall be 1998. The average shall be calculated and
14 certified by the secretary annually by adding the percentage
15 increase in each of the three areas and dividing by three. The
16 calculation and resulting new figures shall be published in the
17 Pennsylvania Bulletin during March.
18 Section 1615-A. Annual Report.--The secretary shall report
19 annually to the Governor and the General Assembly on the
20 operations of funding as provided by this article. This report
21 shall include, but not be limited to, the revenues and
22 expenditures in the fund, the amounts distributed to candidates,
23 the results of any audits performed on candidates in compliance
24 with this article and any prosecutions brought for violations of
25 this article.
26 Section 1616-A. Return of Excess Funds.--(a) All unexpended
27 campaign funds in a candidate's and his authorized committees'
28 possession sixty (60) days after a primary election shall be
29 returned to the secretary for deposit in the Pennsylvania Fair
30 Campaign Fund, up to the amount of the funds which were
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1 distributed to the candidate under this article for the primary
2 election.
3 (b) All unexpended campaign funds in a candidate's and his
4 authorized committee's possession sixty (60) days after a
5 general or municipal election shall be returned to the secretary
6 for deposit in the Pennsylvania Fair Campaign Fund, up to the
7 amount of the funds which were distributed to the candidate
8 under this article for the general or municipal election.
9 Section 1617-A. Penalties.--(a) A person who violates the
10 provisions of this article and who, as a result, obtains funds
11 under this article to which he is not entitled commits a
12 misdemeanor of the first degree and shall, upon conviction, be
13 subject to a fine not to exceed the greater of ten thousand
14 dollars ($10,000) or three times the amount of funds wrongfully
15 obtained or to imprisonment for up to five (5) years, or both.
16 (b) A person who violates section 1611-A or 1612-A commits a
17 misdemeanor of the first degree and shall, upon conviction, be
18 subject to a fine not to exceed the greater of ten thousand
19 dollars ($10,000) or three (3) times the amount of funds that
20 were wrongfully used or expended or to imprisonment for up to
21 five (5) years, or both.
22 (c) Except as provided in subsections (a) and (b), a person
23 who violates any provision of this act commits a misdemeanor of
24 the third degree and shall, upon conviction, be subject to a
25 fine of not more than one thousand dollars ($1,000) or to
26 imprisonment for up to one (1) year, or both.
27 Section 5. This act shall apply to returns of taxpayers of
28 calendar years commencing January 1, 2000, and thereafter.
29 Funding from the Pennsylvania Fair Campaign Fund shall be
30 provided to candidates for office beginning with the primary
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1 election of 2002 and in each primary, municipal and general
2 election thereafter.
3 Section 6. This act shall take effect immediately.
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