THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY S. H. SMITH, REICHLEY, BAKER, BARRAR, BEAR, BOYD, CAUSER, CIVERA, CLYMER, CREIGHTON, CUTLER, DALLY, DENLINGER, EVERETT, FARRY, FLECK, GABLER, GEIST, GINGRICH, GROVE, HARHART, HARRIS, HELM, HICKERNELL, KAUFFMAN, M. KELLER, KNOWLES, MAJOR, MARSHALL, MARSICO, MENSCH, MICOZZIE, MILLARD, MILNE, MOUL, MURT, MUSTIO, OBERLANDER, O'NEILL, PAYNE, PHILLIPS, PICKETT, REED, ROAE, ROCK, ROHRER, SAYLOR, SCAVELLO, SCHRODER, STERN, STEVENSON, SWANGER, TRUE, TURZAI, VEREB, VULAKOVICH AND WATSON, JUNE 23, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 23, 2009  

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 registration, for reporting by candidate and

political committee and other persons and for late

contributions and independent expenditures.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1624 of the act of June 3, 1937

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

added October 4, 1978 (P.L.893, No.171), is amended to read:

Section 1624.  Registration.--

(a)  [Any] Except as provided in subsections (a.1) and (a.2),

any political committee which receives contributions in an

aggregate amount of two hundred fifty dollars ($250) or more

shall file a registration statement, designed by the Secretary

of the Commonwealth, with the appropriate supervisor within

twenty (20) days after the date on which it receives such

amount. Each committee in existence shall have sixty (60) days

from the effective date of this amendatory act to comply with

the requirements of this section.

(a.1)  A candidate's political committee that is authorized

under section 1623 by a candidate for any public office to be

filled by the electors of the State at large, a candidate for

Senator in the General Assembly or a candidate for

Representative in the General Assembly shall file a registration

statement with the Secretary of the Commonwealth within twenty

(20) days after the date on which the authorization was made by

the candidate. A political committee authorized on the effective

date of this subsection, which is required to register under

this subsection and which has not filed a registration statement

under subsection (a), shall have twenty (20) days from the

effective date of this subsection to comply with the

requirements of this section.

(a.2)  A political committee that has expended money for the

purpose of influencing the election of a candidate for any

public office to be filled by the electors of the State at

large, a candidate for Senator in the General Assembly or a

candidate for Representative in the General Assembly shall file

a registration statement within twenty (20) days after the date

on which the expenditure was made.

(b)  Each registration statement shall contain the following

information:

(1)  The name, addresses and phone numbers of the political

committee.

(2)  The name, address and phone number of the committee's

treasurer.

(3)  The name, address and phone number of the committee's

chairman.

(4)  The names, addresses and relationships of other

affiliated or connected organizations.

(5)  The candidates, if any, and their names and addresses.

(6)  The ballot question, if any, which the committee intends

to support or oppose.

(7)  The banks, safety deposit boxes or other repositories

and their addresses used by the committee.

(8)  The proposed period of operation of the committee.

(c)  The committee shall inform the appropriate supervisor of

any changes in the information contained in subsection (b)

within thirty (30) days of that change.

(d)  [No political committee which receives an aggregate

amount of contributions of two hundred fifty dollars ($250) or

more may make a contribution to any candidate or political

committee unless it has registered with the appropriate

supervisor.] A political committee that is not registered in

accordance with this section may not make a contribution to any

candidate or political committee or any other expenditure.

Section 2.  Section 1626 of the act, amended or added October

4, 1978 (P.L.893, No.171), July 21, 1979 (P.L.189, No.63), July

11, 1980 (P.L.591, No.127), July 11, 1980 (P.L.600, No.128) and

July 10, 1981 (P.L.256, No.84), is amended to read:

Section 1626.  Reporting by Candidate and Political

Committees and other Persons.--

(a)  [Each] Except as provided in subsection (b.1), each 

treasurer of a political committee and each candidate for

election to public office shall file with the appropriate

supervisor reports of receipts and expenditures on forms,

designed by the Secretary of the Commonwealth, if the amount

received or expended or liabilities incurred shall exceed the

sum of two hundred fifty dollars ($250). Should such an amount

not exceed two hundred fifty dollars ($250), then the candidate

or the treasurer of the committee shall file a sworn statement

to that effect with the appropriate supervisor rather than the

report required by this section.

(b)  Each report filed under subsection (a) shall include the

following information:

(1)  The full name, mailing address, occupation and name of

employer, if any, or the principal place of business, if self-

employed, of each person who has made one or more contributions

to or for such committee or candidate within the reporting

period in an aggregate amount or value in excess of two hundred

fifty dollars ($250), together with the amount and date of such

contributions. The accuracy of the information furnished to the

candidate or committee shall be the responsibility of the

contributor.

(2)  The full name and mailing address of each person who has

made one or more contributions to or for such committee or

candidate within the reporting period in an aggregate amount or

value in excess of fifty dollars ($50), together with the amount

and date of such contributions. The accuracy of the information

furnished by the contributor shall be the responsibility of the

contributor.

(3)  The total sum of individual contributions made to or for

such committee or candidate during the reporting period and not

reported under clauses (1) and (2).

(4)  Each and every expenditure, the date made, the full name

and address of the person to whom made and the purpose for which

such expenditure was made.

(5)  Any unpaid debts and liabilities, with the nature and

amount of each, the date incurred and the full name and address

of the person owed.

(6)  The account shall include any unexpended balance of

contributions or other receipts appearing from the last account

filed.

(b.1)  (1)  For each contribution valued in excess of two

hundred fifty dollars ($250), which is received by a candidate

for any public office to be filled by the electors of the State

at large, a candidate for Senator in the General Assembly, a

candidate for Representative in the General Assembly, or a

political committee required to register under section 1624(a.1)

or (a.2), the candidate or the political committee shall report

to the Secretary of the Commonwealth in the manner required by

clause (10) the full name, mailing address, occupation and name

of employer, if any, or the principal place of business of the

person who made the contribution together with the amount and

date of the contribution and whether the contribution is

monetary or in kind.

(2)  For each contribution with a value equal to or less than

two hundred fifty dollars ($250), which is received by a

candidate for any public office to be filled by the electors of

the State at large, a candidate for Senator in the General

Assembly, a candidate for Representative in the General Assembly

or a political committee required to register under section

1624 (a.1) or (a.2), the candidate or the political committee

shall report to the Secretary of the Commonwealth in the manner

required by clause (10) the full name and mailing address of the

person who made the contribution together with the amount and

date of the contribution and whether the contribution is

monetary or in kind.

(3)  The accuracy of the information furnished to the

candidate or the political committee by the contributor and

included in a report filed under clause (1) or (2) shall be the

responsibility of the contributor.

(4)  For each receipt, other than a contribution reported

under clause (1) or (2), which is received by a candidate for

any public office to be filled by the electors of the State at

large, a candidate for Senator in the General Assembly, a

candidate for Representative in the General Assembly, a

political committee required to register under section 1624(a.1)

or (a.2), the candidate or the political committee shall report

to the Secretary of the Commonwealth in the manner required

under clause (10) the full name and mailing address of the

person from whom the receipt was received together with the

amount, the date and a description of the receipt.

(5)  For each expenditure made by a candidate for any public

office to be filled by the electors of the State at large, a

candidate for Senator in the General Assembly, a candidate for

Representative in the General Assembly or a political committee

that is required to register under section 1624(a.1) or (a.2),

the candidate or the political committee shall report to the

Secretary of the Commonwealth in the manner required by clause

(10) the date made, the full name and address of the person to

whom the expenditure was made and the purpose for which the

expenditure was made.

(6)  Each contribution or receipt reported under this

subsection shall be reported to the Secretary of the

Commonwealth no later than ten (10) business days after the

contribution or receipt was received by the candidate or the

political committee. Each expenditure reported under this

subsection shall be reported to the Secretary of the

Commonwealth no later than ten (10) business days after the

expenditure was made by the candidate or the political

committee.

(7)  During a calendar year in which a candidate for any

public office to be filled by the electors of the State at

large, a candidate for Senator in the General Assembly, a

candidate for Representative in the General Assembly is seeking

nomination or election to public office, the candidate or the

candidate's political committee shall report to the Secretary of

the Commonwealth in the manner required under clause (10) all

unpaid debts and obligations as of May 30 and all unpaid debts

and obligations as of December 31. During a calendar year in

which a candidate for any public office to be filled by the

electors of the State at large, a candidate for Senator in the

General Assembly, a candidate for Representative in the General

Assembly is not seeking nomination or election to public office,

the candidate or the candidate's political committee shall

report to the Secretary of the Commonwealth in the manner

required under clause (10) all unpaid debts and obligations as

of December 31. A report filed under this clause shall be filed

no later than ten (10) days following the end of the reporting

period.

(8)  If a candidate or a political committee required to be

registered under section 1624(a.2) contributes to a candidate or

political committee required to report under this subsection,

the candidate or political committee shall report to the

Secretary of the Commonwealth in the manner required by this

subsection for all subsequent contributions, receipts and

expenditures made by the candidate or political committee.

(9)  Each candidate or political committee that is required

to report under this subsection shall periodically affirm the

accuracy of information contained in the reports filed by the

candidate or political committee under clauses (1), (2), (4),

(5) and (7) and file a verification. During a calendar year in

which a candidate for any public office to be filled by the

electors of the State at large, a candidate for Senator in the

General Assembly, a candidate for Representative in the General

Assembly is seeking nomination or election to public office the

candidate or political committee shall affirm the accuracy of

the information compiled for the candidate or political

committee under clause (11) for the period beginning January 1

and ending May 30 and for the period beginning June 1 and ending

December 31. During a calendar year in which a candidate for any

public office to be filled by the electors of the State at

large, a candidate for Senator in the General Assembly, a

candidate for Representative in the General Assembly is not

seeking nomination or election to public office, the candidate

or political committee shall affirm the accuracy of the

information compiled for the candidate or political committee

under clause (11) for the period beginning January 1 and ending

December 31. A candidate or political committee shall file the

verification of the compiled information no later than thirty

(30) days following the end of the reporting period. In the case

of a candidate, the candidate shall sign and date the

verification. In the case of a candidate's political committee,

the treasurer of the political committee and the candidate shall

sign and date the verification. In the case of any other

political committee, the treasurer of the political committee

shall sign and date the verification.

(10)  Candidates and political committees that are subject to

the requirements of this subsection shall file reports of

contributions, receipts, expenditures, debts and obligations by

electronic means, through the system established under clause

(11).

(11)  The Secretary of the Commonwealth shall establish an

electronic system for the filing, maintenance and compilation of

reports of contributions, receipts, expenditures, debts and

obligations required to be reported under this subsection. The

system shall include a public database which is updated each

time a report is filed and which is searchable by date,

candidate, political committee, vendor and contributor. The

system shall be designed in a manner so that immediately upon

reporting the system compiles for each candidate or political

committee required to report under this subsection a cumulative

report containing the following information:

(i)  A listing of all contributions reported under clause

(1).

(ii)  A listing of all contributions reported under clause

(2).

(iii)  A listing of all receipts reported under clause (4).

(iv)  A listing of all expenditures reported under clause

(5).

(v)  The unexpended balance of contributions or other

receipts brought forward from the previous time period.

(vi)  The total of all monetary contributions reported under

clauses (1) and (2).

(vii)  The total of all receipts reported under clause (4).

(viii)  The total of all funds available.

(ix)  The total of all expenditures made.

(x)  The ending cash balance.

(xi)  The total value of in-kind contributions received.

(xii)  The total of all unpaid debts and obligations reported

under clause (7).

(c)  Vouchers or copies of vouchers for all sums expended

amounting to more than twenty-five dollars ($25) shall be

retained by the candidate or the committee treasurer and shall

be available for public inspection and copying as herein

provided. Any person may inspect or copy such vouchers or copies

thereof by filing a written request with the appropriate

supervisory office which shall notify the candidate or political

committee of such request. The candidate or political committee

shall have the option of either forwarding such vouchers or copy

of the same to the supervisor for such purpose or making the

vouchers or copy of the same available to the requesting person.

If a candidate or a treasurer of a political committee shall

fail to make said vouchers or copies thereof available for

inspection and copying when requested by the appropriate

supervisory officer, such officer shall direct the candidate or

political committee to promptly deliver the vouchers or copies

thereof to the supervisory office for purposes of inspection and

copying. Costs of copying and costs of delivery by the candidate

or treasurer of the requested vouchers or copies thereof shall

be borne by the person requesting same.

(d)  [Pre-election reports by candidates for offices to be

voted for by the electors of the State at large and all

political committees, which have expended money for the purpose

of influencing the election of such candidate, shall be filed

not later than the sixth Tuesday before and the second Friday

before an election, provided that the initial pre-election

report shall be complete as of fifty (50) days prior to the

election and the subsequent pre-election report shall be

complete as of fifteen (15) days prior to the election.] Pre-

election reports by [all other] candidates and political

committees that are required to file under subsection (a) and 

which have received contributions or made expenditures for the

purpose of influencing an election shall be filed not later than

the second Friday before an election, provided that such report

be complete as of fifteen (15) days prior to the election.

(e)  All candidates or political committees, required to file

under [this section,] subsection (a) shall also file a post-

election report not later than thirty (30) days after an

election which shall be complete as of twenty (20) days after

the election. In the case of a special election the post-

election report shall be complete as of ten (10) days after such

special election.

(f)  Each report filed under subsection (a), (d) or (e) shall

also contain a summary, on a separate page, of the information

required by subsection (b).

(g)  Every person, other than a political committee or

candidate, who makes independent expenditures expressly

advocating the election or defeat of a clearly identified

candidate, or question appearing on the ballot, other than by

contribution to a political committee or candidate, in an

aggregate amount in excess of one hundred dollars ($100) during

a calendar year shall file with the appropriate supervisor, on a

form prepared by the Secretary of the Commonwealth, a report

which shall include the same information required of a candidate

or political committee receiving such a contribution and,

additionally, the name of the candidate or question supported or

opposed. Reports required by this subsection shall be filed on

dates on which reports by political committees making

expenditures are required to report under this section.

(h)  All reports required to be filed pursuant to this

section shall be filed pursuant to section 1630. All reports and

statements required by this section shall cover the campaign

activity of a candidate only from the last prior report or

statement.

(i)  An expenditure from a candidate's political committee to

another political committee shall be reported as a contribution

by the political committee receiving the contribution but need

not be reported by the contributing candidate's political

committee until the time required by law for that candidate's

political committee to report: Provided, however, That if the

amount of the contribution exceeds two hundred fifty dollars

($250) to a single political committee or one thousand dollars

($1,000) in aggregate contributions to more than one political

committee for any primary, general or special election, then

receipts and expenditures shall be reported by the contributing

committee at the same time as required by law for the committee

receiving same.

(j)  All "Political Action Committees" shall report to the

Secretary of the Commonwealth all expenditures to or made on

behalf of, any State-wide candidate, candidate for the

Pennsylvania House of Representatives, or candidate for the

State Senate, in the same manner as indicated in this section as

a candidate's political committee. This provision shall be in

addition to any other filing and reporting provisions of this

act which apply to such committees, their treasurers and

chairmen.

Section 3.  Section 1628 of the act, amended February 13,

1998 (P.L.72, No.18), is amended to read:

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 or other means of electronic

transmission, including the system of electronic filing

established under section 1626(b.1)(11). 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 4.  This act shall take effect as follows:

(1)  This section shall take effect immediately.

(2)  The addition of section 1626(b.1)(11) of the act

shall take effect in 30 days.

(3)  The remainder of this act shall take effect January

1, 2010.