See other bills
under the
same topic
PRINTER'S NO. 1097
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
966
Session of
2019
INTRODUCED BY MULLERY, DERMODY, SCHLOSSBERG, CALTAGIRONE, MURT,
YOUNGBLOOD, DeLUCA, HILL-EVANS, MATZIE, GOODMAN, CIRESI,
NEILSON, WARREN, TOOHIL, McCLINTON, SIMS, O'MARA AND MADDEN,
MARCH 26, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 26, 2019
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 definitions, providing for disclosure of
electioneering communications and further providing for
contributions or expenditures by national banks, corporations
or unincorporated associations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1621 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended by adding definitions to read:
Section 1621. Definitions.--As used in this article, the
following words have the following meanings:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
(n) The words "direct mail" shall mean a service provided by
the United States Postal Service which allows mailings to an
entire mail route, as opposed to individual addresses, thereby
allowing a person to target entire cities, zip codes,
neighborhoods or individual mail routes within a thirty-day
period or other specific period of time as prescribed by the
Secretary of the Commonwealth by regulation.
(o) The words "electioneering communication" shall mean the
following:
(1) Any broadcast, cable, satellite, direct mail, Internet,
e-mail, phone bank or billboard communication which:
(i) refers to a clearly identified candidate;
(ii) is publicly distributed;
(iii) is targeted to the relevant electorate; and
(iv) is made within sixty (60) days before an election for
the office sought by the candidate or thirty (30) days before a
primary election of a political party that has authority to
nominate a candidate for the office sought by the candidate.
(2) A communication that meets the requirements of paragraph
(1) and is a public communication that refers to a clearly
identified candidate, promotes or supports a candidate, attacks
or opposes a candidate or that promotes or supports a referendum
or ballot question or attacks or opposes a referendum or ballot
question, regardless of whether the communication expressly
advocates a vote for or against a candidate or a referendum or
ballot question.
(3) The term shall not include:
(i) A communication appearing in a news story, commentary or
editorial printed in a newspaper, magazine or other print media
or posted on the Internet or distributed through the facilities
20190HB0966PN1097 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of any broadcasting station, unless such print media or other
facilities are owned or controlled by any political party,
political committee or candidate.
(ii) A communication which constitutes an expenditure or an
independent expenditure under this act.
(iii) A communication which constitutes a candidate debate
or forum or which solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring the debate or
forum.
(iv) A communication made regarding a candidate for any
local office, including the office of judge of the court of
common pleas.
(v) A communication made regarding a candidate for any
political party office.
(vi) Any other communication exempted under regulations as
the Secretary of the Commonwealth may promulgate to ensure
appropriate implementation of this article.
(p) The words "Internet communication" shall mean online
display advertising, online voter file targeting and other such
communications over the Internet, including, but not limited to,
communications via podcasts, e-mail, instant messaging, forums,
social networking such as Facebook, Instagram and Snapchat and
VoIP programs.
(q) The words "mass mail" shall mean a service provided by
the United States Postal Service which allows the mailing of
more than five hundred (500) pieces of mail of an identical or
substantially similar nature within any thirty-day period.
(r) The words "public communication" shall mean a
communication directed to the general public by means of any of
the following:
20190HB0966PN1097 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Broadcast or cable television or satellite television or
radio.
(2) Print communication published or proposed to be
published, including communications in a newspaper or magazine
or on a billboard.
(3) Mass mail.
(4) Phone bank.
(5) Direct mail.
(6) Internet communication.
(7) Any other form of political communication or political
advertising directed to the general public.
(s) The words "publicly distributed" shall mean an
electioneering communication which is aired, published, posted
or otherwise disseminated to the general public.
(t) The words "targeting to relevant electorate" shall mean
a communication which refers to a clearly identified candidate,
if the communication can be received by:
(1) fifty thousand (50,000) or more persons in this
Commonwealth in the case of a presidential candidate or a
candidate for a Statewide office;
(2) fifteen thousand (15,000) or more persons in the
district the candidate seeks to represent in the case of a
candidate for the Senate; or
(3) five thousand (5,000) or more persons in the district
the candidate seeks to represent in the case of a candidate for
the House of Representatives.
(u) The words "online display advertising" shall mean a form
of advertising which conveys a candidate's message visually
using text, logos, animation, videos, photographs or other
graphics to target the relevant electorate.
20190HB0966PN1097 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) The words "online voter file targeting" shall mean a
form of political campaign advertising that uses voter files to
identify, target and communicate with potential supporters to
influence their candidate choice, mobilize to turn out to vote,
or both.
Section 2. The act is amended by adding sections to read:
Section 1626.2. Disclosure of Electioneering
Communications.--The following apply:
(a) (1) Notwithstanding any other provision of law, a
nonprofit organization that makes a disbursement for the direct
costs of an electioneering communication in an aggregate amount
of twenty-five thousand dollars ($25,000) or more during any
calendar year shall, within twenty-four (24) hours of the
disclosure date of the disbursement, file with the appropriate
supervisor a disclosure statement containing the information
required under subsection (b).
(2) If a twenty-four-hour period under paragraph (1) ends on
a Saturday, Sunday, holiday or at any time after the close of
business, the statement shall be filed on the next business day.
(b) Each disclosure statement filed under this section shall
be made under penalty of perjury and shall contain the following
information:
(1) The name and address of the nonprofit organization.
(2) The name and address of all related or affiliated
nonprofit organizations, political committees or other persons
and the nature of the relationship or affiliation.
(3) The names, addresses and titles of the executives,
directors and officers of the nonprofit organization or, if it
has no executives, directors or officers, the names, addresses
and titles of its responsible leaders.
20190HB0966PN1097 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) The name of the person designated as the treasurer of
the nonprofit organization.
(5) The name, office sought and party affiliation of each
candidate whom the nonprofit organization is supporting or
opposing, if the nonprofit organization contributes directly to
a candidate and, if donating to a political committee, the name
and address of that political committee and the name of the
representative of the political committee to whom the
disbursement was made.
(6) If the person making the disbursement is not an
individual, the name and address of the person's principal place
of business and the name and address of the entity or person
making the disbursement.
(7) The ballot question or referendum, if any, and whether
the nonprofit organization is in favor of or opposed to the
question or referendum.
(8) The amount of each disbursement of more than two hundred
fifty dollars ($250) during the period covered by the statement
and the name of the person to whom the disbursement was made.
(9) If the disbursements were paid out of a segregated bank
account which consists of money contributed solely by
individuals who are United States citizens or nationals or
lawfully admitted for permanent residence, as defined in the
Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. § 1101
et seq.), the names and addresses of all contributors who
contributed an aggregate amount of one thousand dollars ($1,000)
or more during the period beginning on the first day of the
preceding calendar year and ending on the disclosure date.
Nothing in this paragraph shall be construed to prohibit the use
of money in the segregated account for a purpose other than
20190HB0966PN1097 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
electioneering communications.
(10) If the disbursements were paid out of money not
described in paragraph (9), the names and addresses of all
contributors who contributed an aggregate amount of one thousand
dollars ($1,000) or more to the person making the disbursement
during the period beginning on the first day of the preceding
calendar year and ending on the disclosure date.
(11) Other information as the Secretary of the Commonwealth
may by rule or regulation prescribe to effectuate the
implementation of this section.
(c) The person designated as treasurer by a nonprofit
organization shall maintain books of account accurately
reflecting all disbursements for electioneering communications
on a current basis in accordance with regulations adopted and
promulgated by the Secretary of the Commonwealth.
(d) Any requirement to report disbursements for
electioneering communications under this section shall be in
addition to any other reporting requirement under this act.
(e) Nothing in this section may be construed to establish,
modify or otherwise affect the definition of "political
activities" or "electioneering activities," including the
definition of "participating in, intervening in or influencing
or attempting to influence a political campaign on behalf of or
in opposition to any candidate for public office," for purposes
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 1 et seq.).
(f) For purposes of this section, the words "disclosure
date" shall mean the first date during any calendar year by
which a person has made disbursements for the direct cost of an
electioneering communication aggregating in excess of twenty-
20190HB0966PN1097 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
five thousand dollars ($25,000) and any other date during such
calendar year by which a person has made disbursements for the
direct costs of an electioneering communication aggregating in
excess of twenty-five thousand dollars ($25,000) since the most
recent disclosure date for the calendar year.
Section 1626.3. Registration Required.--(a) (1)
Notwithstanding any provision of this act or any other law or
regulation, a nonprofit organization that has the expectation of
making contributions or expenditures of twenty-five thousand
dollars ($25,000) or more in a calendar year in support of or in
opposition to a candidate, a question appearing on the ballot or
a referendum shall file a statement of organization with the
Secretary of the Commonwealth in accordance with this section.
(2) A statement filed by a nonprofit organization in
accordance with paragraph (1) shall disclose:
(i) The name, address, telephone number or electronic mail
address of the nonprofit organization.
(ii) The purposes of the nonprofit organization.
(iii) The names, addresses and titles of the nonprofit
organization's officers or, if the nonprofit organization has no
officers, the names, addresses and titles of the nonprofit
organization's responsible leaders.
(iv) The name, office sought and party affiliation of each
candidate whom the nonprofit organization is supporting or
opposing and, if the nonprofit organization is supporting or
opposing the entire ticket of a political party, the name of the
political party.
(v) The ballot question or referendum that the nonprofit
organization supports or opposes, if any, and whether the
nonprofit organization is in favor of or opposed to that ballot
20190HB0966PN1097 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
question or referendum.
(vi) The name and address of each person in this
Commonwealth who has made one or more contributions in the
aggregate of more than twenty-five dollars ($25) to the
nonprofit organization during the current calendar year,
together with the monetary value and date of each contribution.
(vii) The name, address and employer of each person in this
Commonwealth who has made one or more contributions in the
aggregate of more than two thousand five hundred fifty dollars
($2,550) to the nonprofit organization during the current
calendar year, together with the monetary value and date of each
contribution.
(viii) The name and address of each person in this
Commonwealth to whom an expenditure was made by the nonprofit
organization with respect to a candidate or political committee
in the aggregate amount of more than fifty dollars ($50), the
amount, date and purpose of the expenditure and the total sum of
the expenditures.
(ix) Other information as the Secretary of the Commonwealth
may prescribe by regulation.
(b) Each statement shall be filed no later than the tenth
day of the month following a month in which a contribution or
other expenditure reportable under subsection (a) is made. A
nonprofit organization incurring an obligation to file
additional statements in a calendar year may satisfy the
obligation by timely filing reports that supplement previously
filed information. Statements and reports filed by a nonprofit
organization in accordance with this section may be filed
electronically.
(c) The secretary may promulgate rules or regulations to
20190HB0966PN1097 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
carry out the requirements of this section.
Section 3. Section 1633 of the act is amended by adding a
subsection to read:
Section 1633. Contributions or Expenditures by National
Banks, Corporations or Unincorporated Associations.--* * *
(e) (1) The following apply:
(i) A communication made by an entity described in
subsection (a) shall be considered an electioneering
communication if the entity directly or indirectly makes any
contribution or expenditure in connection with the costs of an
electioneering communication.
(ii) A section 501(c)(4) organization that derives money
from business activities or receives money from any entity
described in subsection (a) shall be considered to have paid for
an electioneering communication unless the 501(c)(4)
organization paid for the communication out of a segregated
account to which only individuals can contribute, as described
in section 1626.2(b)(9).
(iii) An electioneering communication shall not include a
communication by a section 501(c)(4) organization or a political
organization, as defined in section 527(e)(1) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 527(e))
made under section 1626.2(b)(9) or (10), if the communication is
paid for exclusively with money provided directly by individuals
who are United States citizens or nationals or lawfully admitted
for permanent residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. § 1101
et seq.). For purposes of this subparagraph, the term "provided
directly by individuals" does not include money provided by an
entity described in subsection (a).
20190HB0966PN1097 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Nothing in this subsection shall be construed to
authorize an organization exempt from taxation under section
501(a) of the Internal Revenue Code of 1986 to carry out any
activity which is prohibited under Federal law.
(3) An entity described in subsection (a) is prohibited from
expressly advocating for the election or defeat of a candidate.
(4) An electioneering communication includes indicia of
express advocacy or its functional equivalent if it mentions any
election, candidate, opposing candidate, political party or
voting by the general public or takes a position on any
candidate's or office holder's character, qualifications or
fitness for office. Content supporting a determination that a
communication has an interpretation other than as an appeal to
vote for or against a clearly identified candidate includes
content that:
(i) focuses on a public policy issue and either urges a
candidate to take a position on the issue or urges the public to
contact the candidate to take a position on the issue;
(ii) proposes a commercial transaction, such as purchase of
a book, video or other product or service, or such as
attendance, for a fee, at a film exhibition or other event; or
(iii) includes a call to action or other appeal that,
interpreted in conjunction with the rest of the communication,
urges an action other than voting for or against or contributing
to a clearly identified candidate or political party.
(5) A person who executes a contract to make a disbursement
of money for the direct cost of an electioneering communication
shall be considered as the party that made the disbursement.
(6) For purposes of this subsection, the following words and
phrases shall have the meaning ascribed in this paragraph:
20190HB0966PN1097 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) The words "section 501(c)(4) organization" shall mean an
organization which:
(A) is described in section 501(c)(4) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of the Internal Revenue Code of 1986; or
(B) has submitted an application to the Internal Revenue
Service for determination of its status as an organization
described in clause (A).
(ii) The words "targeted communication" shall mean an
electioneering communication as defined in section 1621(o),
which is targeted to the relevant electorate.
Section 4. This act shall take effect in 60 days.
20190HB0966PN1097 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12