PRIOR PRINTER'S NO. 327
PRINTER'S NO. 736
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
383
Session of
2023
INTRODUCED BY CAPPELLETTI, KEARNEY, HAYWOOD, KANE, FONTANA,
SCHWANK, SANTARSIERO AND MUTH, FEBRUARY 21, 2023
SENATOR DUSH, STATE GOVERNMENT, AS AMENDED, MAY 9, 2023
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 contributions by agents, anonymous
contributions and cash contributions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1634 heading of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended and the section is amended by adding a subsection to
read:
Section 1634. Contributions by Agents; Anonymous
Contributions; Cash Contributions; Preselected and Prescheduled
Recurring Contributions.--
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(d) (1) It shall be unlawful for a candidate or political
committee to solicit , DIRECTLY OR THROUGH AN AGENT OR
INTERMEDIARY, TO SOLICIT OR ACCEPT from a person a preselected
recurring or prescheduled recurring contribution to the
candidate or political committee without the express and
affirmative agreement CONSENT of the person.
(2) EXPRESS AND AFFIRMATIVE CONSENT OF THE CONTRIBUTOR UNDER
CLAUSE (1) SHALL REQUIRE CLEAR AND AFFIRMATIVE ACTION OF THE
CONTRIBUTOR TO MAKE OR AGREE TO MAKE THE RECURRING CONTRIBUTION.
PASSIVE ACTION BY THE CONTRIBUTOR, INCLUDING FAILURE TO UNCHECK
A PRE-CHECKED BOX AUTHORIZING A RECURRING CONTRIBUTION, SHALL
NOT CONSTITUTE CLEAR AND AFFIRMATIVE ACTION OF THE CONTRIBUTOR.
(3) A CANDIDATE OR POLITICAL COMMITTEE THAT ACCEPTS A
RECURRING CONTRIBUTION UNDER CLAUSE (1) SHALL DO ALL OF THE
FOLLOWING:
(I) PROVIDE A RECEIPT TO THE CONTRIBUTOR THAT CLEARLY AND
CONSPICUOUSLY DISCLOSES ALL TERMS OF THE RECURRING CONTRIBUTION
WITHIN THREE (3) DAYS AFTER THE INITIAL CONTRIBUTION IS RECEIVED
AND WITHIN THREE (3) DAYS AFTER EACH RECURRING CONTRIBUTION IS
RECEIVED.
(II) PROVIDE ALL NECESSARY INFORMATION TO CANCEL THE
RECURRING CONTRIBUTION IN EACH COMMUNICATION WITH THE
CONTRIBUTOR THAT CONCERNS THE CONTRIBUTION.
(III) IMMEDIATELY CANCEL A RECURRING CONTRIBUTION UPON
REQUEST OF THE CONTRIBUTOR.
(4) (I) EACH TIME A CANDIDATE OR POLITICAL COMMITTEE
SOLICITS FROM A PERSON A RECURRING CONTRIBUTION UNDER CLAUSE
(1), OR ACCEPTS AN INITIAL RECURRING CONTRIBUTION UNDER CLAUSE
(1) WITHOUT THE EXPRESS AND AFFIRMATIVE CONSENT OF THE PERSON,
SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SUBSECTION SUBJECT
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TO A PENALTY OF UP TO FIVE THOUSAND DOLLARS ($5,000) FOR EACH
OCCURRENCE.
(II) A CANDIDATE OR POLITICAL COMMITTEE THAT ACCEPTS A
RECURRING CONTRIBUTION UNDER CLAUSE (1) WITHOUT THE EXPRESS AND
AFFIRMATIVE CONSENT OF THE PERSON IN VIOLATION OF THIS
SUBSECTION IS LIABLE FOR A FINE NOT TO EXCEED THREE (3) TIMES
THE AGGREGATE AMOUNT OF THE SUBSEQUENT RECURRING CONTRIBUTIONS
RECEIVED IF ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED:
(A) THE CANDIDATE OR POLITICAL COMMITTEE KNEW OR SHOULD HAVE
KNOWN THAT THE SOLICITATION REQUIRED EXPRESS AND AFFIRMATIVE
CONSENT.
(B) THE CANDIDATE OR POLITICAL COMMITTEE KNEW OR SHOULD HAVE
KNOWN THAT THE CONTRIBUTOR DID NOT PROVIDE EXPRESS AND
AFFIRMATIVE CONSENT FOR MAKING THE RECURRING CONTRIBUTIONS.
(C) THE RECURRING CONTRIBUTIONS, IN THE AGGREGATE, EXCEED
ONE THOUSAND DOLLARS ($1,000).
(5) A RECURRING CONTRIBUTION UNDER CLAUSE (1) ACCEPTED
WITHOUT THE EXPRESS AND AFFIRMATIVE CONSENT OF THE PERSON SHALL
BE RETURNED TO THE CONTRIBUTOR WITHIN FOURTEEN (14) DAYS OF THE
EARLIER OF THE RECEIPT OF A REQUEST FROM THE CONTRIBUTOR TO
RETURN THE CONTRIBUTION OR THE DATE ON WHICH THE CANDIDATE OR
POLITICAL COMMITTEE BECOMES AWARE THAT THE SOLICITATION OF THE
RECURRING CONTRIBUTION WAS IN VIOLATION OF THIS SUBSECTION. A
CONTRIBUTION ACCEPTED AFTER A CONTRIBUTOR REQUESTED TO CANCEL A
RECURRING CONTRIBUTION SHALL BE RETURNED TO THE CONTRIBUTOR
WITHIN FOURTEEN (14) DAYS OF THE REQUEST TO CANCEL THE RECURRING
CONTRIBUTION.
(6) FOR PURPOSES OF THIS SUBSECTION, THE TERM "RECURRING
CONTRIBUTION" MEANS A CONTRIBUTION FROM A PERSON TO A CANDIDATE
OR POLITICAL COMMITTEE THAT IS AUTOMATICALLY CHARGED TO THE
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PERSON'S BANK ACCOUNT, CREDIT CARD OR OTHER PAYMENT ACCOUNT ON A
REPEATED BASIS WITHOUT SUBSEQUENT APPROVAL OR ANY OTHER
SUBSEQUENT EXPRESS AND AFFIRMATIVE CONSENT BY THE PERSON AFTER
THE PERSON'S INITIAL CONTRIBUTION TO THE CANDIDATE OR POLITICAL
COMMITTEE.
(7) THIS SUBSECTION SHALL APPLY TO CONTRIBUTIONS OCCURRING
OR SOLICITED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.
Section 2. This act shall take effect in 60 days.
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