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PRINTER'S NO. 343
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
346
Session of
2017
INTRODUCED BY BROWNE, GORDNER, MENSCH, BAKER, EICHELBERGER, YAW,
RAFFERTY, AUMENT, FOLMER, COSTA, FONTANA, BOSCOLA, BREWSTER,
SCHWANK AND HUGHES, FEBRUARY 15, 2017
REFERRED TO STATE GOVERNMENT, FEBRUARY 15, 2017
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 election expenses, further providing
for reporting by candidate and political committees and other
persons, for late contributions and independent expenditures
and for additional powers and duties of the Secretary of the
Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1626 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended by adding a subsection to read:
Section 1626. Reporting by Candidate and Political
Committees and other Persons.--
* * *
(k) (1) All campaign finance reports required to be filed
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with the Secretary of the Commonwealth shall be filed
electronically using the electronic filing system developed by
the secretary that is consistent with the purposes of this
subsection. A campaign finance report submitted electronically
must:
(i) be made under oath or equivalent affirmation;
(ii) require an electronic signature from the treasurer or
assistant treasurer at the time of the filing of the campaign
finance report. In addition, a report filed by a political
committee, authorized by a candidate and created solely for the
purpose of influencing an election on behalf of that candidate
must be signed, using an electronic signature, under oath or
equivalent affirmation by the candidate that, to the best of the
candidate's knowledge, the political committee has not violated
a provision of this act; and
(iii) be made subject to the penalties for perjury.
(2) A candidate or political committee not able to file
electronically the report or statement required by this
subsection shall request an exemption from the secretary. The
candidate or political committee upon approval of the secretary
shall file reports and statements on forms developed by the
secretary.
Section 2. Sections 1628 and 1640 of the act are 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
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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 is to be filed electronically in a manner prescribed by
the Secretary of the Commonwealth. The report shall be made by
telegram, mailgram, overnight mail or facsimile transmission.
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 1640. Additional Powers and Duties of the Secretary
of the Commonwealth.--The Secretary of the Commonwealth shall
have the following additional powers and duties:
(1) To serve as the State clearing house for information
concerning the administration of this act.
(2) To prescribe suitable rules and regulations to carry out
the provisions of this act.
(3) To develop the prescribed forms required by the
provisions of this article for the making of the reports and
statements required to be filed with the supervisor.
(4) To prepare a manual setting forth recommended uniform
methods of bookkeeping and reporting which shall be furnished by
the supervisor to the person required to file such reports and
statements as required by this article.
(5) To examine the contributions to State legislative and
Statewide candidates and publish a list of all those political
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committees who have contributed to candidates and who have
failed to file reports as required by this act within six (6)
days of their failure to comply.
(6) To maintain a searchable computer database and
electronic reporting system that contains the information
necessary for the proper administration of this article,
including information on contributions and expenditures by all
candidates and all political committees and distribution of
money, and including public access through the Internet. The
database must be designed with an emergency recovery system to
ensure that campaign expense records are not lost in the case of
an emergency, natural disaster or other event that could cause
the system to malfunction.
(7) To establish a training program on the electronic
reporting system and make it available to a candidate or
political committee.
(8) To ensure all information contained in a statement
filed, that is not on the electronic reporting system, be
entered into the electronic reporting system as soon as
practicable but no later than four (4) business days after its
receipt by the secretary.
(9) The department shall issue to the registrant an
electronic receipt that includes a confirmation number and the
date and time of filing.
Section 3. This act shall take effect in 60 days.
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