AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in primary and election expenses, further
12providing for registration; <-and providing for <-monthly 
13reporting, <-reports required; further providing for late 
14contributions and independent expenditures; providing for
15manner of filing and for inability to file reports or 
16statements electronically by deadline; and further providing 
17for late filing fee and certificate of filing.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 1624(b) of the act of June 3, 1937
21(P.L.1333, No.320), known as the Pennsylvania Election Code,
22added October 4, 1978 (P.L.893, No.171), is amended to read:

23Section 1624. Registration.--

24* * *

1(b) Each registration statement shall contain the following
2information:

3(1) The name, addresses and phone numbers of the political
4committee.

5(2) The name, address and phone number of the committee's
6treasurer.

7(3) The name, address and phone number of the committee's
8chairman.

9(4) The names, addresses and relationships of other
10affiliated or connected organizations.

11(5) The candidates, if any, and their names and addresses.

12(6) The ballot question, if any, which the committee intends
13to support or oppose.

14(7) The banks, safety deposit boxes or other repositories
15and their addresses used by the committee.

16(8) The proposed period of operation of the committee.

17(9) The Internet website address if the Internet website is
18used to solicit and receive campaign contributions.

19* * *

20Section 2. The act is amended by adding <-sections a section
21to read:

22Section 1626.2. <-Monthly Reporting Reports Required.--Any
23political committee or candidate who receives contributions in
24an aggregate amount of <-one hundred thousand dollars ($100,000)
<-25ten thousand dollars ($10,000) in a calendar year or incurs
26expenditures of one hundred thousand dollars ($100,000) <-ten
27thousand dollars ($10,000) in a calendar year shall file the
28reports required under sections 1626, 1627 and 1630 with the
29Secretary of the Commonwealth in each of the <-reporting cycles
<-30for the remainder of the calendar year and in the following

1calendar year.

<-2Section 2.1. Section 1628 of the act, amended February 13,
31998 (P.L.72, No.18), is amended to read:

4Section 1628. Late Contributions and Independent
5Expenditures.--Any candidate or political committee, authorized 
6by a candidate and created solely for the purpose of influencing 
7an election on behalf of that candidate, which receives any 
8contribution or pledge of five hundred dollars ($500) or more, 
9and any person making an independent expenditure, as defined by 
10this act, of five hundred dollars ($500) or more after the final 
11pre-election report has been deemed completed shall report such 
12contribution, pledge or expenditure to the appropriate 
13supervisor. Such report shall be sent by the candidate, chairman 
14or treasurer of the political committee within twenty-four (24) 
15hours of receipt of the contribution. It shall be the duty of 
16the supervisor to confirm the substance of such report. [The 
17report] A report filed with the Secretary of the Commonwealth 
18shall be filed electronically. Other reports shall be made by 
19telegram, mailgram, overnight mail or facsimile transmission. 
20Any candidate in his own behalf, or chairman, treasurer or 
21candidate in behalf of the political committee, except a 
22candidate required to file with the Secretary of the 
23Commonwealth, may also comply with this section by appearing 
24personally before such supervisor and reporting such late 
25contributions or pledges.

26Section 2.2. The act is amended by adding sections to read:

27Section 1631.1. Manner of Filing.--

28(a) <-All Beginning February 1, 2014, all required campaign
29finance reports <-and statements shall be filed electronically
30with the Secretary of the Commonwealth.

1(b) A campaign finance report <-or statement filed
2electronically shall:

3(1) be made under oath or equivalent affirmation and subject
4to the penalties for perjury;

5(2) include the electronic signature of the treasurer or
6assistant treasurer of the political committee serving at the
7time of the filing of the campaign finance report <-or statement;
8and

9(3) for a report <-or statement filed by a political committee
10authorized by a candidate and created solely for the purpose of
11influencing an election on behalf of that candidate, include the
12electronic signature of the candidate, made under oath or
13equivalent affirmation stating that, to the best of the
14candidate's knowledge, the political committee has not violated
15a provision of this act.

16Section 1631.2. Inability to File Reports or Statements
17Electronically by Deadline.--

18(a) For reports or statements filed under section 1631.1, if
19a candidate or political committee cannot file a report <-or
20statement between five o'clock P.M. And midnight on the day a
21report or statement is due because of the unavailability of the
22Department of State's electronic filing system at the time the
23candidate or political committee attempts to file the report <-or
24statement, the candidate, committee treasurer or assistant
25treasurer shall immediately notify the department. The candidate
26or political committee <-would then have has until twelve o'clock
27noon on the day following the deadline to file the report or
28statement electronically. Additionally, the candidate or
29committee treasurer will be required to file a statement
30affirming that the candidate, committee treasurer or assistant

1treasurer was unable to file the report <-or statement on time
2because of the unavailability of the Department of State's
3electronic filing system at the time the candidate, treasurer or
4assistant treasurer attempted to file the report <-or statement.
5The affirmation statement is due at the same time as the
6statement or report filed under this subsection. The report or
7statement shall not be considered filed until the affirmation
8statement is filed.

9(b) If a candidate or political committee is unable to file
10as required by subsection (a) because the Department of State's
11electronic filing system remains unavailable, the candidate,
12committee treasurer or assistant treasurer shall notify the
13department each day a report <-or statement cannot be filed due to
14the unavailability of the department's electronic filing system.
15The candidate or political committee has until twelve o'clock
16noon the following day to electronically file the report <-or 
17statement, or again to notify the Department of State of the
18inaccessibility of the department's electronic filing system.
19The candidate, committee treasurer or assistant treasurer is
20required to file a statement affirming that the candidate or
21committee treasurer was unable to file the report <-or statement 
22on time because of the unavailability of the Department of
23State's electronic filing system. The affirmation statement is
24due at the same time as the statement or report filed under this
25subsection. The report or statement may not be considered filed
26until the affirmation statement is filed.

27(c) For cause shown, the Secretary of the Commonwealth may
28waive late filing fees for reports or statements filed as
29required under this section.

30(d) The words "unavailability of the Department of State's

1electronic filing system" shall mean a failure of the system
2within the Department of State's technical environment that does
3not allow access to the system by an individual. The term <-does
<-4shall not include:

5(1) a network issue between the user's computer and the
6Department of State's environment; or

7(2) any part of the user's computer or internal network.

8Section 3. Section 1632(a) of the act, amended July 11, 1980
9(P.L.591, No.127), is amended to read:

10Section 1632. Late Filing Fee; Certificate of Filing.--

11(a) A late filing fee for each report or statement of
12expenditures and contributions which is not filed within the
13prescribed period shall be imposed as follows. Such fee shall be
14[ten dollars ($10)] twenty-five dollars ($25) for each day or
15part of a day excluding Saturdays, Sundays and holidays that a
16report is overdue. An additional fee of [ten dollars ($10)]
17twenty-five dollars ($25) is due for each of the first [six (6)]
18five (5) days that a report is overdue. The maximum fee payable
19with respect to a single report is [two hundred fifty dollars
20($250)] five hundred dollars ($500). A supervisor shall receive
21an overdue report or statement even if any late filing fee due
22has not been paid but the report or statement shall not be
23considered filed until all fees have been paid upon the receipt
24by the supervisor of an overdue report. No further late filing
25fees shall be incurred notwithstanding the fact that the report
26or statement is not considered filed. The late filing fee is the
27personal liability of the candidate or treasurer of a political
28committee and cannot be paid from contributions to the candidate
29or committee, nor may such fee be considered an expenditure. A
30report or statement of expenditures and contributions shall be

1deemed to have been filed within the prescribed time if the
2letter transmitting the report or statement which is received by
3the supervisor is transmitted by first class mail and is
4postmarked by the United States Postal Service on the day prior
5to the final day on which the report or statement is to be
6received: Provided, That this sentence shall not be applicable
7to the reporting requirements contained in section 1628.

8* * *

9Section 4. This act shall take effect in 60 days.