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PRINTER'S NO. 1473
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1239
Session of
2019
INTRODUCED BY MASSER, SCHLOSSBERG, MILLARD, ZIMMERMAN, OTTEN,
CIRESI, HEFFLEY AND MOUL, APRIL 17, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 2019
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in prohibitions, penalties and
enforcement, further providing for political activity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2705(b), (c) and (e) of Title 71 of the
Pennsylvania Consolidated Statutes, added June 28, 2018
(P.L.460, No.71), are amended and the section is amended by
adding a subsection to read:
ยง 2705. Political activity.
* * *
[(b) Political activities prohibited.--An individual in the
classified service may not take an active part in political
management or in a political campaign. Activities prohibited by
this subsection include the following:
(1) Serving as an officer of a political party, a member
of a national, State or local committee of a political party
or an officer or member of a committee of a partisan
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political club, or being a candidate for any of these
positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for
assessments, contributions or other money for a partisan
political purpose.
(4) Organizing, selling tickets to, promoting or
actively participating in a fundraising activity of a
candidate in a partisan election or a political party or
political club.
(5) Taking an active part in managing the political
campaign of a candidate for public office in a partisan
election or a candidate for political party office.
(6) Becoming a candidate or campaigning for an elective
public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office
in a partisan election or a candidate for political party
office in a political advertisement, broadcast, campaign,
literature or similar material.
(11) Serving as a delegate, alternate or proxy to a
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political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition
to a partisan candidate for public office or political party
office.
(13) Initiating or circulating a partisan nominating
petition.
(14) Soliciting, paying, collecting or receiving a
contribution at or in the workplace from an employee for a
political party, political fund or other partisan recipient.
(15) Paying a contribution in the workplace to an
employee who is the employer or employing authority of the
individual making the contribution for a political party,
political fund or other partisan recipient.]
(c) Rights.--An employee or individual to whom subsection
(a) [or (b)] applies shall retain the right to and may engage in
the following activities:
(1) Register and vote in an election.
(2) Express an opinion as an individual privately and
publicly on political subjects and candidates.
(3) Display a political picture, sticker, badge or
button when not on duty and at locations other than the
workplace.
(4) Participate in the nonpartisan activities of a
civic, community, social, labor or professional organization,
or a similar organization.
(5) Be a member of a political party or other political
organization or club and participate in the organization's or
club's activities to the extent consistent with this section.
(6) Attend a political convention, rally, fundraising
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function or other political gathering.
(7) Sign a political petition as an individual.
(8) Make a financial contribution to a political party
or organization.
(9) Be politically active in connection with a question
that is not specifically identified with a political party,
such as a constitutional amendment, referendum, approval of a
municipal ordinance or other question or issue of similar
character.
(10) Otherwise participate fully in public affairs,
except as prohibited by law, in a manner that does not
materially compromise efficiency or integrity as an employee
or the neutrality, efficiency or integrity of a Commonwealth
agency.
(c.1) Political management and campaigns.--In addition to
the activities permitted under subsection (c), an individual in
the classified service may take an active part in political
management or in a political campaign. Activities permitted
include, but are not limited to, the following:
(1) Serving as an officer of a political party, a member
of a national, State or local committee of a political party
or an officer or member of a committee of a partisan
political club, or being a candidate for any of these
positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for
assessments, contributions or other funds for a partisan
political purpose.
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(4) Organizing, selling tickets to, promoting or
actively participating in a fundraising activity of a
candidate in a partisan election or of a political party or
political club.
(5) Taking an active part in managing the political
campaign of a candidate for public office in a partisan
election or a candidate for political party office.
(6) Becoming a candidate for, or campaigning for, an
elective public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office
in a partisan election or a candidate for political party
office in a political advertisement, broadcast, campaign,
literature or similar material.
(11) Serving as a delegate, alternate or proxy to a
political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition
to a partisan candidate for public office or political party
office.
(13) Initiating or circulating a partisan nominating
petition.
* * *
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(e) Further prohibition or limitation.--The provisions of
subsection (c) or (c.1) do not authorize an employee to engage
in political activity while on duty or while in a uniform which
identifies the individual as an employee. The head of an agency
may prohibit or limit the participation of an employee or class
of employees of the agency in an activity permitted under
subsection (c) or (c.1) if participation in the activity will
interfere with the efficient performance of official duties or
create a conflict or apparent conflict of interests. An employee
may not do any of the following:
(1) Solicit, pay, collect or receive a contribution at
or in the workplace from any employee for any political
party, political fund or other partisan recipient.
(2) Pay a contribution at or in the workplace to any
employee who is the employer or employing authority of the
person making the contribution for any political party,
political fund or other partisan recipient.
* * *
Section 2. This act shall take effect in 60 days.
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