PRIOR PRINTER'S NOS. 610, 2961 PRINTER'S NO. 3124
No. 584 Session of 1999
INTRODUCED BY VAN HORNE, DEMPSEY, PRESTON, BATTISTO, TIGUE, SHANER, MAHER, STEELMAN, HARHAI, PLATTS, ROEBUCK, RAMOS, McCALL, READSHAW, PESCI, WOJNAROSKI, SEYFERT, ARGALL, STABACK, E. Z. TAYLOR, MAYERNIK, SAYLOR, CAWLEY, MELIO, FREEMAN, TRELLO, DALEY AND COSTA, FEBRUARY 16, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 14, 2000
AN ACT 1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 2 "An act concerning elections, including general, municipal, 3 special and primary elections, the nomination of candidates, 4 primary and election expenses and election contests; creating 5 and defining membership of county boards of elections; 6 imposing duties upon the Secretary of the Commonwealth, 7 courts, county boards of elections, county commissioners; 8 imposing penalties for violation of the act, and codifying, 9 revising and consolidating the laws relating thereto; and 10 repealing certain acts and parts of acts relating to 11 elections," further providing for manner of signing 12 nominating petitions and for nominations by political bodies; <-- 13 PROVIDING FOR PUBLIC FINANCING FOR CANDIDATES FOR THE OFFICE 14 OF GOVERNOR AND LIEUTENANT GOVERNOR; ESTABLISHING THE 15 PENNSYLVANIA FAIR CAMPAIGN FUND; AND PROVIDING QUALIFICATIONS 16 FOR FUNDING, FOR PAYMENTS, FOR USE OF FUNDS, FOR AUTHORIZED 17 EXPENDITURES, FOR LIMITATION ON CONTRIBUTIONS, FOR RETURN OF 18 FUNDS AND FOR PENALTIES. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 908 of the act of June 3, 1937 (P.L.1333, 22 No.320), known as the Pennsylvania Election Code, amended August 23 13, 1963 (P.L.707, No.379), is amended to read: 24 Section 908. Manner of Signing Nomination Petitions; Time of
1 Circulating.--Each signer of a nomination petition shall sign
2 but one such petition for each office to be filled, and shall
3 declare therein that he is a registered and enrolled member of
4 the party designated in such petition: Provided, however, That
5 where there are to be elected two or more persons to the same
6 office, each signer may sign petitions for as many candidates
7 for such office as, and no more than, he could vote for at the
8 succeeding election. He shall also declare therein that he is a
9 qualified elector of the county therein named, and in case the
10 nomination is not to be made or candidates are not to be elected
11 by the electors of the State at large, of the political district
12 therein named, in which the nomination is to be made or the
13 election is to be held. He shall add his [occupation and]
14 residence, giving city, borough or township, with street and
15 number, if any, and shall print and sign his name and add the
16 date of signing, expressed in words or numbers: Provided,
17 however, That if the said political district named in the
18 petition lies wholly within any city, borough or township, or is
19 coextensive with same, it shall not be necessary for any signer
20 of a nomination petition to state therein the city, borough or
21 township of his residence. No nomination petition shall be
22 circulated prior to the thirteenth Tuesday before the primary,
23 and no signature shall be counted unless it bears a date affixed
24 not earlier than the thirteenth Tuesday nor later than the tenth
25 Tuesday prior to the primary.
26 Section 2. Section 951(c) of the act is amended to read:
27 Section 951. Nominations by Political Bodies.--* * *
28 (c) Each person signing a nomination paper shall declare
29 therein that he is a qualified elector of the State or district,
30 as the case may be, and shall add to his signature his
19990H0584B3124 - 2 -
1 [occupation and] residence, giving city, borough or township, 2 with street and number, if any, and shall also print his name 3 and add the date of signing, expressed in words or numbers: 4 Provided, however, That if said political district named in the 5 papers lies wholly within any city, borough or township, or is 6 coextensive with same, it shall not be necessary for any signer 7 of a paper to state therein the city, borough or township of his 8 residence. No elector shall sign more than one nomination paper 9 for each office to be filled, unless there are two or more 10 persons to be elected to the same office, in which case he may 11 sign nomination papers for as many candidates for such office 12 as, and no more than, he could vote for at the succeeding 13 election. More than one candidate may be nominated by one 14 nomination paper and candidates for more than one office may be 15 nominated by one nomination paper: Provided, That each political 16 body nominating does not nominate more candidates than there are 17 offices to be voted for at the ensuing election: And provided, 18 That all the signers on each nomination paper are qualified to 19 vote for all the candidates nominated therein. 20 * * * 21 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <-- 22 ARTICLE XVI-A 23 PENNSYLVANIA GUBERNATORIAL PUBLIC FINANCING 24 SECTION 1601-A. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN 25 AND MAY BE CITED AS THE PENNSYLVANIA GUBERNATORIAL PUBLIC 26 FINANCING ACT. 27 SECTION 1602-A. DEFINITIONS.--AS USED IN THIS ARTICLE 28 FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS: 29 (A) THE WORD "COMMISSION" SHALL MEAN THE STATE ETHICS 30 COMMISSION. 19990H0584B3124 - 3 -
1 (B) THE WORD "CONTRIBUTION" SHALL MEAN ANY PAYMENT, GIFT, 2 SUBSCRIPTION, ASSESSMENT, CONTRACT, PAYMENT FOR SERVICES, DUES, 3 LOAN, FORBEARANCE, ADVANCE OR DEPOSIT OF MONEY OR ANY VALUABLE 4 THING TO A CANDIDATE OR POLITICAL COMMITTEE MADE FOR THE PURPOSE 5 OF INFLUENCING ANY ELECTION IN THIS COMMONWEALTH OR FOR PAYING 6 DEBTS INCURRED BY OR FOR A CANDIDATE OR COMMITTEE BEFORE OR 7 AFTER ANY ELECTION. THE TERM INCLUDES THE PURCHASE OF TICKETS 8 FOR EVENTS SUCH AS DINNERS, LUNCHEONS, RALLIES AND ALL OTHER 9 FUND-RAISING EVENTS; THE GRANTING OF DISCOUNTS OR REBATES NOT 10 AVAILABLE TO THE GENERAL PUBLIC; THE GRANTING OF DISCOUNTS OR 11 REBATES BY TELEVISION AND RADIO STATIONS AND NEWSPAPERS NOT 12 EXTENDED ON AN EQUAL BASIS TO ALL CANDIDATES FOR THE SAME 13 OFFICE; AND ANY PAYMENTS PROVIDED FOR THE BENEFIT OF ANY 14 CANDIDATE, INCLUDING ANY PAYMENTS FOR THE SERVICES OF ANY PERSON 15 SERVING AS AN AGENT OF A CANDIDATE OR COMMITTEE BY A PERSON 16 OTHER THAN THE CANDIDATE OR COMMITTEE OR A PERSON WHOSE 17 EXPENDITURES THE CANDIDATE OR COMMITTEE MUST REPORT UNDER THIS 18 ACT. THE WORD "CONTRIBUTION" INCLUDES ANY RECEIPT OR USE OF 19 ANYTHING OF VALUE RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER 20 POLITICAL COMMITTEE AND ALSO INCLUDES ANY RETURN ON INVESTMENTS 21 BY A POLITICAL COMMITTEE. 22 (C) THE WORDS "DECLARATION OF CANDIDACY" SHALL MEAN THE 23 POINT IN A PERSON'S CAMPAIGN FOR POLITICAL OFFICE AT WHICH THAT 24 PERSON BECOMES IN COMPLIANCE WITH SECTION 1622 OF THIS ACT. 25 (D) THE WORD "EXPENDITURE" SHALL MEAN ANY OF THE FOLLOWING: 26 (1) THE PAYMENT, DISTRIBUTION, LOAN OR ADVANCEMENT OF MONEY 27 OR ANY VALUABLE THING BY A CANDIDATE, POLITICAL COMMITTEE OR 28 OTHER PERSON FOR THE PURPOSE OF INFLUENCING THE OUTCOME OF AN 29 ELECTION. 30 (2) THE PAYMENT, DISTRIBUTION, LOAN, ADVANCE OR TRANSFER OF 19990H0584B3124 - 4 -
1 MONEY OR OTHER VALUABLE THING BETWEEN OR AMONG POLITICAL 2 COMMITTEES. 3 (3) THE PROVIDING OF A SERVICE OR OTHER VALUABLE THING FOR 4 THE PURPOSE OF INFLUENCING THE OUTCOME OF A NOMINATION OR 5 ELECTION OF ANY PERSON TO ANY PUBLIC OFFICE TO BE VOTED FOR IN 6 THIS COMMONWEALTH. 7 (4) THE PAYMENT OR PROVIDING OF MONEY OR OTHER VALUABLE 8 THING BY ANY PERSON OTHER THAN A CANDIDATE OR POLITICAL 9 COMMITTEE TO COMPENSATE ANY PERSON FOR SERVICES RENDERED TO A 10 CANDIDATE OR POLITICAL COMMITTEE. 11 (E) THE WORD "FUND" SHALL MEAN THE PENNSYLVANIA FAIR 12 CAMPAIGN FUND ESTABLISHED IN SECTION 1605-A OF THIS ARTICLE. 13 (F) THE WORDS "INDEPENDENT EXPENDITURE" SHALL MEAN AN 14 EXPENDITURE BY A PERSON MADE FOR THE PURPOSE OF INFLUENCING AN 15 ELECTION WITHOUT COOPERATION OR CONSULTATION WITH ANY CANDIDATE 16 OR ANY POLITICAL COMMITTEE AUTHORIZED BY THAT CANDIDATE AND 17 WHICH IS NOT MADE IN CONCERT WITH OR AT THE REQUEST OR 18 SUGGESTION OF ANY CANDIDATE OR POLITICAL COMMITTEE OR AGENT 19 THEREOF. 20 (G) THE WORDS "MAJOR POLITICAL PARTY" SHALL MEAN A POLITICAL 21 PARTY WHOSE CANDIDATE FOR GOVERNOR RECEIVED EITHER THE HIGHEST 22 OR SECOND HIGHEST NUMBER OF VOTES IN THE PRECEDING GUBERNATORIAL 23 ELECTION. 24 SECTION 1603-A. APPLICATION OF ARTICLE.-- 25 (A) THE PROVISIONS OF THIS ARTICLE SHALL BE APPLICABLE TO 26 CANDIDATES FOR THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR. 27 (B) FOR THE PURPOSES OF THIS ARTICLE INSOFAR AS IT RELATES 28 TO FUNDING OF NOMINATED CANDIDATES IN THE GENERAL ELECTION, A 29 POLITICAL PARTY'S OR POLITICAL BODY'S NOMINATED CANDIDATES FOR 30 GOVERNOR AND LIEUTENANT GOVERNOR SHALL BE CONSIDERED AS ONE 19990H0584B3124 - 5 -
1 CANDIDACY, AND THE PROVISIONS SPECIFICALLY APPLICABLE TO THE 2 GOVERNOR SHALL BE APPLICABLE TO THE COMBINED CANDIDACY. 3 SECTION 1604-A. ADMINISTRATION.--THE PROVISIONS OF THIS 4 ARTICLE SHALL BE ADMINISTERED BY THE STATE ETHICS COMMISSION. 5 THE COMMISSION MAY ADOPT RULES AND REGULATIONS AS MAY BE 6 REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE AND TO 7 CARRY OUT ITS PURPOSE. 8 SECTION 1605-A. PENNSYLVANIA FAIR CAMPAIGN FUND 9 ESTABLISHED.--THERE IS HEREBY ESTABLISHED A SPECIAL RESTRICTED 10 RECEIPTS FUND IN THE STATE TREASURY TO BE KNOWN AS THE 11 PENNSYLVANIA FAIR CAMPAIGN FUND. PAYMENTS SHALL BE MADE INTO 12 THIS FUND PURSUANT TO SECTION 1606-A, AND DISBURSEMENTS SHALL BE 13 MADE FROM THE FUND ONLY UPON THE WARRANT OF THE COMMISSION AND A 14 WARRANT OF THE STATE TREASURER. AS MUCH OF THE MONEYS IN THE 15 FUND AS ARE NECESSARY TO MAKE PAYMENTS TO CANDIDATES AS PROVIDED 16 IN THIS ARTICLE ARE APPROPRIATED FROM THE PENNSYLVANIA FAIR 17 CAMPAIGN FUND ON A CONTINUING BASIS FOR THE PURPOSE OF SUCH 18 PAYMENTS. 19 SECTION 1606-A. FUNDING THE PENNSYLVANIA FAIR CAMPAIGN.-- 20 (A) BEGINNING WITH TAX YEARS COMMENCING JANUARY 1, 2000, AND 21 THEREAFTER, EACH INDIVIDUAL SUBJECT TO THE TAX IMPOSED BY 22 ARTICLE III OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS 23 THE "TAX REFORM CODE OF 1971," WHOSE TAX LIABILITY FOR THE YEAR 24 IS FIVE DOLLARS ($5) OR MORE MAY DESIGNATE FIVE DOLLARS ($5) OF 25 HIS PERSONAL INCOME TAXES TO BE PAID INTO THE FUND. IN THE CASE 26 OF MARRIED TAXPAYERS FILING A JOINT RETURN, EACH SPOUSE MAY 27 DESIGNATE FIVE DOLLARS ($5) TO BE PAID INTO THE FUND IF THEIR 28 TAX LIABILITY IS TEN DOLLARS ($10) OR MORE. ALL OF THESE 29 DESIGNATED TAX REVENUES SHALL BE PAID INTO THE FUND. THE CHECK- 30 OFF AND INSTRUCTIONS SHALL BE PROMINENTLY DISPLAYED ON THE FIRST 19990H0584B3124 - 6 -
1 PAGE OF THE RETURN FORM. THE INSTRUCTIONS SHALL READILY INDICATE 2 THAT THESE DESIGNATIONS NEITHER INCREASE NOR DECREASE AN 3 INDIVIDUAL'S TAX LIABILITY. 4 (B) THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE FAIR 5 CAMPAIGN FUND SUFFICIENT TO FULLY FUND ALL REQUIREMENTS OF THIS 6 ARTICLE INCLUDING THE ADMINISTRATIVE, INVESTIGATIVE AND 7 ENFORCEMENT RESPONSIBILITIES OF THE STATE ETHICS COMMISSION. 8 UPON NOTICE BY THE COMMISSION, THE GENERAL ASSEMBLY SHALL 9 APPROPRIATE TO THE COMMISSION OUT OF THE GENERAL FUND SUCH 10 ADDITIONAL SUMS AS MAY BE REQUIRED TO CARRY OUT THE PURPOSES OF 11 THIS ARTICLE IF THE SUMS FIRST APPROPRIATED BECOME INADEQUATE. 12 SECTION 1607-A. CERTIFICATION OF MONEYS IN FUND.--BY JUNE 30 13 OF EACH YEAR, THE STATE TREASURER SHALL CERTIFY TO THE 14 COMMISSION THE CURRENT BALANCE AVAILABLE IN THE FUND. 15 SECTION 1608-A. QUALIFICATION FOR FUNDING.-- 16 (A) ANY CANDIDATE FOR THE OFFICES OF GOVERNOR AND LIEUTENANT 17 GOVERNOR MAY APPLY FOR FUNDING UNDER THIS ARTICLE IF THE 18 CANDIDATE MEETS THE CONTRIBUTORY THRESHOLDS ESTABLISHED IN 19 SUBSECTION (B) AND OTHERWISE CONFORMS TO THE REQUIREMENTS OF 20 THIS ARTICLE. NO CANDIDATE SHALL BE OBLIGATED TO APPLY FOR 21 FUNDING UNDER THIS ARTICLE AND IF ANY CANDIDATE ELECTS NOT TO 22 APPLY, THE PROVISIONS OF THIS ARTICLE PERTAINING TO LIMITS ON 23 EXPENDITURES OR THE USE OF HIS PERSONAL FUNDS SHALL BE 24 INAPPLICABLE TO THE PERSON AND HIS CANDIDACY. ANY CANDIDATE 25 ELECTING TO RECEIVE FUNDING UNDER THIS ARTICLE SHALL DECLARE HIS 26 INTENTION TO DO SO AND SPECIFY THE OFFICE FOR WHICH HE IS A 27 CANDIDATE. NO CANDIDATE FOR THE OFFICE OF GOVERNOR MAY ELECT TO 28 RECEIVE FUNDING UNDER THIS ARTICLE FOR A GENERAL ELECTION UNLESS 29 THE CANDIDATE ELECTED TO RECEIVE FUNDING UNDER THIS ARTICLE FOR 30 THE PRIMARY ELECTION. ANY COMMITTEE AUTHORIZED TO RECEIVE 19990H0584B3124 - 7 -
1 CONTRIBUTIONS OR MAKE EXPENDITURES FOR THE CANDIDATE WHO HAS SO 2 DECLARED SHALL ABIDE BY THE PROVISIONS OF SECTION 1616-A. ANY 3 CANDIDATE WHO FOR ANY REASON HAS HIS NAME WITHDRAWN FROM THE 4 BALLOT, AFTER RECEIPT OF FUNDS UNDER THIS ARTICLE, SHALL RETURN 5 TO THE FUND ALL UNSPENT MONEY RECEIVED FROM THE FUND. 6 (B) (1) IN ORDER TO QUALIFY FOR FUNDING IN A GENERAL 7 ELECTION, A CANDIDATE FOR GOVERNOR MUST RECEIVE SUBSEQUENT TO 8 THE DATE OF THAT CANDIDATE'S PRIMARY ELECTION BUT PRIOR TO THE 9 DATE OF THE CANDIDATE'S GENERAL ELECTION TWO HUNDRED THOUSAND 10 DOLLARS ($200,000) IN QUALIFYING CONTRIBUTIONS. 11 (2) IN ORDER TO QUALIFY FOR FUNDING IN A PRIMARY ELECTION, A 12 CANDIDATE MUST RECEIVE PRIOR TO THE DATE OF THE PRIMARY 13 ELECTION, BUT SUBSEQUENT TO JANUARY 1 OF THE YEAR IN WHICH THAT 14 CANDIDATE RUNS FOR OFFICE. THE FOLLOWING AMOUNTS: 15 OFFICE QUALIFYING CONTRIBUTIONS REQUIRED 16 (I) GOVERNOR $100,000 17 (II) LIEUTENANT GOVERNOR 50,000 18 (3) DEFINITION: 19 (I) THE TERM "QUALIFYING CONTRIBUTION" INCLUDES ANY 20 CONTRIBUTION WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: 21 (A) MADE BY AN INDIVIDUAL RESIDENT OF PENNSYLVANIA. 22 (B) MADE BY A WRITTEN INSTRUMENT WHICH INDICATES THE 23 CONTRIBUTOR'S FULL NAME AND MAILING ADDRESS AND IS NOT INTENDED 24 TO BE RETURNED TO THE CONTRIBUTOR OR TRANSFERRED TO ANOTHER 25 POLITICAL COMMITTEE OR CANDIDATE. 26 (II) IF A CONTRIBUTOR RECEIVES GOODS OR SERVICES OF VALUE IN 27 RETURN FOR HIS CONTRIBUTION, THE QUALIFYING CONTRIBUTION SHALL 28 BE CALCULATED AS THE ORIGINAL CONTRIBUTION, MINUS THE FAIR 29 MARKET VALUE OF THE GOODS OR SERVICES RECEIVED. 30 (C) EACH CANDIDATE WHO ELECTS TO APPLY FOR FUNDING UNDER 19990H0584B3124 - 8 -
1 THIS ARTICLE SHALL PROVIDE EVIDENCE THAT THE CANDIDATE HAS 2 RAISED THE QUALIFYING CONTRIBUTIONS REQUIRED BY THIS SECTION 3 WHICH EVIDENCE SHALL BE VERIFIED AND CERTIFIED AS CORRECT BY THE 4 AUDITORS OF THE STATE ETHICS COMMISSION. 5 (D) A CANDIDATE WHO HAS ACCEPTED PUBLIC FUNDING UNDER THIS 6 ARTICLE MAY APPLY TO THE COMMISSION FOR A WAIVER OF THE FUNDING 7 LIMITS SET FORTH IN SECTION 1610-A AND/OR THE SPENDING LIMITS 8 CONTAINED IN SECTION 1613-A IF THE AMOUNT OF INDEPENDENT 9 EXPENDITURES FOR COMMUNICATIONS ADVOCATING THE DEFEAT OF THE 10 CANDIDATE OR ELECTION OF HIS OPPONENT REQUIRE THE CANDIDATE 11 APPLYING FOR THE WAIVER TO SPEND ABOVE THE LIMITS SPECIFIED IN 12 SECTION 1613-A IN ORDER TO ANSWER THE COMMUNICATIONS PAID FOR BY 13 THE INDEPENDENT EXPENDITURES. THE COMMISSION SHALL ISSUE 14 REGULATIONS SETTING GUIDELINES FOR GRANTING OR DENYING REQUESTS 15 FOR A WAIVER SUBMITTED UNDER THIS SECTION. 16 (E) THE COMMISSION SHALL CONDUCT A COMPLETE AUDIT OF ALL 17 CANDIDATES RECEIVING FUNDS UNDER THIS ARTICLE. SUCH AUDITS SHALL 18 BE CONDUCTED THE YEAR FOLLOWING THE ELECTION FOR WHICH FUNDS 19 WERE DISTRIBUTED. THE SECRETARY OF THE COMMONWEALTH SHALL 20 PROVIDE THE COMMISSION AT NO COST ALL REPORTS OF CONTRIBUTIONS 21 AND EXPENDITURES FILED PURSUANT TO ARTICLE XVI BY CANDIDATES FOR 22 GOVERNOR AND LIEUTENANT GOVERNOR, THEIR POLITICAL COMMITTEES AND 23 ALL OTHER POLITICAL COMMITTEES WHO HAVE CONTRIBUTED TO SUCH 24 CANDIDATES. 25 (F) THE AUDITORS SHALL CONDUCT THEIR AUDIT IN ACCORD WITH 26 SOUND ACCOUNTING PRINCIPLES AND SHALL MAKE FINDINGS OF ANY 27 POSSIBLE VIOLATIONS OF THIS ARTICLE. ALL AUDITED CANDIDATES AND 28 THEIR COMMITTEES SHALL FURNISH ANY RECORDS TO THE ACCOUNTANTS 29 WHICH THE ACCOUNTANTS DEEM NECESSARY FOR THE COMPLETION OF THEIR 30 WORK. 19990H0584B3124 - 9 -
1 (G) THE COMMISSION SHALL MAKE PUBLIC THE REPORT OF THE 2 AUDITORS AND SHALL PROVIDE A COPY TO THE ATTORNEY GENERAL FOR 3 THE INSTITUTION OF SUCH CRIMINAL PROCEEDINGS AS HE OR SHE SHALL 4 DEEM NECESSARY. 5 SECTION 1609-A. FUNDING FORMULA.-- 6 (A) EVERY CANDIDATE WHO QUALIFIES FOR FUNDING FOR AN 7 ELECTION PURSUANT TO SECTION 1608-A SHALL RECEIVE MATCHING 8 PAYMENTS FROM THE FUND IN THE AMOUNT OF TWO DOLLARS ($2) FOR 9 EACH DOLLAR OF QUALIFYING CONTRIBUTION. 10 (B) THE TWO DOLLARS ($2) FOR EACH DOLLAR OF QUALIFYING 11 CONTRIBUTIONS PROVIDED BY THIS SECTION SHALL BE PROVIDED BOTH 12 FOR QUALIFYING CONTRIBUTIONS RAISED WHICH EXCEED THE THRESHOLD 13 AMOUNTS SPECIFIED IN SECTION 1608-A AND FOR THOSE QUALIFYING 14 CONTRIBUTIONS WHICH ARE ATTRIBUTABLE TO MEETING THE THRESHOLD 15 AMOUNTS NECESSARY TO QUALIFY FOR FUNDING UNDER THIS ARTICLE. 16 (C) (1) ONLY THOSE QUALIFYING CONTRIBUTIONS MADE DURING THE 17 PERIOD BETWEEN JANUARY 1 OF THE YEAR IN WHICH THE CANDIDATE RUNS 18 FOR OFFICE AND THE PRIMARY ELECTION SHALL BE ELIGIBLE FOR 19 MATCHING PAYMENTS FROM THE FUND FOR THE PRIMARY ELECTION. 20 (2) ONLY THOSE QUALIFYING CONTRIBUTIONS MADE DURING THE 21 PERIOD BETWEEN THE PRIMARY ELECTION AND THE GENERAL ELECTION OF 22 THE YEAR IN WHICH THAT CANDIDATE RUNS FOR OFFICE SHALL BE 23 ELIGIBLE FOR MATCHING PAYMENTS FROM THE FUND FOR THE GENERAL 24 ELECTION. 25 (D) MATCHING FUNDS SHALL NOT BE PROVIDED FOR ANY QUALIFYING 26 CONTRIBUTIONS UNLESS THE REPORTING REQUIREMENTS REQUIRED BY THE 27 COMMISSION ARE SATISFIED. 28 SECTION 1610-A. LIMITATIONS ON FUNDING.-- 29 (A) EVERY CANDIDATE WHO QUALIFIES FOR AND RECEIVES FUNDING 30 PURSUANT TO THE FORMULA ESTABLISHED BY THIS ARTICLE SHALL BE 19990H0584B3124 - 10 -
1 ENTITLED TO RECEIVE NO MORE THAN THE MAXIMUM AMOUNT SPECIFIED IN 2 SUBSECTION (B) FOR THE OFFICE THE CANDIDATE IS SEEKING. 3 (B) (1) THE MAXIMUM AMOUNT OF FUNDING AVAILABLE FOR EACH 4 CANDIDATE FOR GOVERNOR AT A GENERAL ELECTION UNDER THIS ARTICLE 5 SHALL BE FIVE MILLION TWO HUNDRED THOUSAND DOLLARS ($5,200,000). 6 (2) THE MAXIMUM AMOUNT OF FUNDING AVAILABLE FOR THE PRIMARY 7 ELECTION FOR EACH CANDIDATE UNDER THIS ARTICLE SHALL BE AS 8 FOLLOWS: 9 OFFICE MAXIMUM PENNSYLVANIA FAIR 10 CAMPAIGN FUNDING 11 (I) GOVERNOR $2,600,000 12 (II) LIEUTENANT GOVERNOR 600,000 13 (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, NO 14 FUNDING SHALL BE PROVIDED TO THE FOLLOWING: 15 (1) CANDIDATES IN THE GENERAL ELECTION WHO HAVE RECEIVED THE 16 NOMINATION OF BOTH MAJOR POLITICAL PARTIES AND HAVE NO 17 OPPOSITION. 18 (2) CANDIDATES IN THE PRIMARY ELECTION WHO ARE UNOPPOSED FOR 19 THE NOMINATION. 20 SECTION 1611-A. TIME OF PAYMENTS.--BEGINNING NINETY (90) 21 DAYS PRIOR TO THE RELEVANT ELECTION, THE COMMISSION SHALL MAKE 22 PAYMENTS AUTHORIZED BY THIS ARTICLE AT LEAST EVERY TWO (2) 23 WEEKS. HOWEVER, EXCEPT FOR THE FINAL PAYMENT, NO PAYMENT SHALL 24 BE DUE OR PAID IF THE PAYMENT DOES NOT EQUAL AT LEAST FIVE 25 THOUSAND DOLLARS ($5,000). 26 SECTION 1612-A. USE OF FUNDS BY CANDIDATES.-- 27 (A) FUNDS DISTRIBUTED TO CANDIDATES PURSUANT TO THIS ARTICLE 28 MAY BE USED ONLY FOR THE ELECTION FOR WHICH THEY ARE DISTRIBUTED 29 AND ONLY FOR THE PURPOSES SET FORTH IN THIS ARTICLE EXCEPT THAT 30 NO FUND MONEYS MAY BE USED: 19990H0584B3124 - 11 -
1 (1) TO TRANSFER TO OTHER CANDIDATES OR TO COMMITTEES OF 2 OTHER CANDIDATES OR TO POLITICAL COMMITTEES. 3 (2) TO PAY FOR EXPENDITURES INCURRED AFTER THE DATE OF THE 4 GENERAL ELECTION. 5 (B) FUNDS DISTRIBUTED TO A CANDIDATE PURSUANT TO THIS 6 ARTICLE SHALL BE PLACED IN A SINGLE BANK ACCOUNT. EXPENDITURES 7 FROM THIS ACCOUNT SHALL BE MADE ONLY FOR CAMPAIGN EXPENSES 8 LISTED IN SUBSECTION (A). 9 SECTION 1613-A. EXPENDITURES.-- 10 (A) EXPENDITURES MADE BY A CANDIDATE FOR GOVERNOR AND HIS 11 AUTHORIZED COMMITTEES, FOR ALL PURPOSES AND FROM ALL SOURCES, 12 INCLUDING, BUT NOT LIMITED TO, AMOUNTS OF FUNDS DISTRIBUTED 13 UNDER THIS ARTICLE, PROCEEDS OF LOANS, GIFTS, CONTRIBUTIONS FROM 14 ANY SOURCE OR PERSONAL FUNDS, SUBSEQUENT TO THE DATE OF THE 15 PRIMARY ELECTION BUT PRIOR TO THE DATE OF THE GENERAL ELECTION, 16 MAY NOT EXCEED EIGHT MILLION DOLLARS ($8,000,000). 17 (B) EXPENDITURES MADE BY A CANDIDATE AND HIS AUTHORIZED 18 COMMITTEES, SUBSEQUENT TO JANUARY 1 OF THE YEAR IN WHICH THE 19 CANDIDATE RUNS FOR OFFICE BUT PRIOR TO THE DATE OF THE PRIMARY 20 ELECTION, MAY NOT EXCEED THE FOLLOWING UNLESS OTHERWISE 21 PROVIDED: 22 OFFICE TOTAL EXPENDITURE LIMITS 23 (1) GOVERNOR $4,000,000 24 (2) LIEUTENANT GOVERNOR 1,000,000 25 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A 26 CANDIDATE WHO ACCEPTS PUBLIC FUNDING PURSUANT TO THE FORMULA 27 ESTABLISHED, BUT WHOSE MAJOR POLITICAL PARTY OPPONENT IN A 28 GENERAL ELECTION ELECTS NOT TO APPLY FOR THE PUBLIC FUNDING, 29 SHALL NOT BE BOUND BY THE EXPENDITURE LIMITS SPECIFIED IN THIS 30 SECTION. A CANDIDATE WHO ACCEPTS PUBLIC FUNDING SHALL BE 19990H0584B3124 - 12 -
1 ELIGIBLE TO QUALIFY FOR THOSE FAIR CAMPAIGN FUNDS WHICH WOULD 2 HAVE OTHERWISE BEEN AVAILABLE TO THE OPPONENT WHO HAS CHOSEN NOT 3 TO APPLY FOR FUNDING FROM THE FUND. 4 (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A 5 CANDIDATE WHO ACCEPTS PUBLIC FUNDING PURSUANT TO THE FORMULA 6 ESTABLISHED, BUT WHOSE MAJOR POLITICAL PARTY OPPONENTS IN A 7 PRIMARY ELECTION ELECT TO NOT APPLY FOR THE PUBLIC FUNDING, 8 SHALL NOT BE BOUND BY THE EXPENDITURE LIMITS SPECIFIED IN THIS 9 SECTION. IF THERE IS MORE THAN ONE CANDIDATE IN A MAJOR 10 POLITICAL PARTY IN A PRIMARY ELECTION, THE FAIR CAMPAIGN FUNDS 11 WHICH WOULD HAVE OTHERWISE BEEN AVAILABLE TO EACH OPPONENT WHO 12 HAS ELECTED TO NOT APPLY FOR THE PUBLIC FUNDING SHALL BE DIVIDED 13 EQUALLY AMONG THE CANDIDATES WHO ACCEPT PUBLIC FINANCING. 14 SECTION 1614-A. ANNUAL REPORT.--THE COMMISSION SHALL REPORT 15 ANNUALLY TO THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE 16 OPERATIONS OF FUNDING AS PROVIDED BY THIS ARTICLE. THIS REPORT 17 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REVENUES AND 18 EXPENDITURES IN THE FUND, THE AMOUNTS DISTRIBUTED TO CANDIDATES, 19 THE RESULTS OF ANY AUDITS PERFORMED ON CANDIDATES IN COMPLIANCE 20 WITH THIS ARTICLE AND ANY PROSECUTIONS BROUGHT FOR VIOLATIONS OF 21 THIS ARTICLE. 22 SECTION 1615-A. RETURN OF EXCESS FUNDS.-- 23 (A) ALL UNEXPENDED CAMPAIGN FUNDS IN A CANDIDATE'S AND HIS 24 AUTHORIZED COMMITTEES' POSSESSION SIXTY (60) DAYS AFTER A 25 PRIMARY ELECTION SHALL BE RETURNED TO THE STATE BOARD FOR 26 DEPOSIT IN THE FUND, UP TO THE AMOUNT OF THE FUNDS WHICH WERE 27 DISTRIBUTED TO THE CANDIDATE UNDER THIS ARTICLE FOR THE PRIMARY 28 ELECTION. 29 (B) ALL UNEXPENDED CAMPAIGN FUNDS IN A CANDIDATE'S AND HIS 30 AUTHORIZED COMMITTEES' POSSESSION SIXTY (60) DAYS AFTER A 19990H0584B3124 - 13 -
1 GENERAL OR MUNICIPAL ELECTION SHALL BE RETURNED TO THE STATE 2 BOARD FOR DEPOSIT IN THE FUND, UP TO THE AMOUNT OF THE FUNDS 3 WHICH WERE DISTRIBUTED TO THE CANDIDATE UNDER THIS ARTICLE FOR 4 THE GENERAL ELECTION. 5 SECTION 1616-A. LIMITATIONS ON CERTAIN CONTRIBUTIONS.-- 6 (A) AGGREGATE CONTRIBUTIONS, INCLUDING IN-KIND 7 CONTRIBUTIONS, FROM ANY PERSON OR POLITICAL COMMITTEE TO ANY 8 CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR, HIS AUTHORIZED 9 COMMITTEE OR AGENT SHALL NOT EXCEED TWO THOUSAND DOLLARS 10 ($2,000) FOR EACH ELECTION. FURTHERMORE, FOR EACH ELECTION, NO 11 CANDIDATE, HIS AUTHORIZED COMMITTEE OR AGENT SHALL ACCEPT OR 12 RECEIVE MORE THAN TWO THOUSAND DOLLARS ($2,000) IN AGGREGATE 13 CONTRIBUTIONS, INCLUDING IN-KIND CONTRIBUTIONS FROM ANY PERSON. 14 (B) A GIFT, SUBSCRIPTION, LOAN, ADVANCE OR DEPOSIT OF MONEY 15 OR ANYTHING OF VALUE TO A CANDIDATE SHALL BE CONSIDERED A 16 CONTRIBUTION BOTH BY THE ORIGINAL SOURCE OF THE CONTRIBUTION AND 17 BY ANY INTERMEDIARY OR CONDUIT IF THE INTERMEDIARY OR CONDUIT: 18 (1) EXERCISES ANY DIRECTION OVER THE MAKING OF THE 19 CONTRIBUTION; OR 20 (2) SOLICITS THE CONTRIBUTION OR ARRANGES FOR THE 21 CONTRIBUTION MADE AND DIRECTLY OR INDIRECTLY MAKES THE CANDIDATE 22 AWARE OF SUCH INTERMEDIARY OR CONDUIT'S ROLE IN SOLICITING OR 23 ARRANGING THE CONTRIBUTION FOR THE CANDIDATE. 24 (C) FOR PURPOSES OF SUBSECTION (B), A CONTRIBUTION SHALL NOT 25 BE CONSIDERED TO BE A CONTRIBUTION BY AN INTERMEDIARY OR CONDUIT 26 TO THE CANDIDATE IF: 27 (1) THE INTERMEDIARY OR CONDUIT HAS BEEN RETAINED BY THE 28 CANDIDATE'S COMMITTEE FOR THE PURPOSE OF FUNDRAISING AND IS 29 REIMBURSED FOR EXPENSES INCURRED IN SOLICITING CONTRIBUTIONS; 30 (2) IN THE CASE OF AN INDIVIDUAL, THE CANDIDATE HAS 19990H0584B3124 - 14 -
1 EXPRESSLY AUTHORIZED THE INTERMEDIARY OR CONDUIT TO ENGAGE IN 2 FUNDRAISING, OR THE INDIVIDUAL OCCUPIES A SIGNIFICANT POSITION 3 WITHIN THE CANDIDATE'S CAMPAIGN ORGANIZATION; OR 4 (3) IN THE CASE OF A POLITICAL COMMITTEE, THE INTERMEDIARY 5 OR CONDUIT IS THE AUTHORIZED COMMITTEE OF THE CANDIDATE. 6 (D) NO CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR WHO 7 ACCEPTS PUBLIC FUNDING IN ACCORDANCE WITH THIS ARTICLE MAY 8 CONTRIBUTE MORE THAN TWENTY-FIVE THOUSAND DOLLARS ($25,000) PER 9 ELECTION FROM PERSONAL FUNDS. 10 (E) THE PROVISIONS OF THIS SECTION APPLY TO ANY CONTRIBUTION 11 MADE FOR THE PURPOSE OF INFLUENCING ANY ELECTION TO THE OFFICE 12 OF GOVERNOR OR LIEUTENANT GOVERNOR REGARDLESS OF WHETHER THE 13 CANDIDATE FOR THAT OFFICE HAS APPLIED FOR OR RECEIVED FUNDING 14 UNDER THIS ARTICLE. 15 (F) FOR PURPOSES OF THIS SECTION, ANY CONTRIBUTION MADE TO A 16 CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN A YEAR OTHER 17 THAN THE CALENDAR YEAR IN WHICH THE ELECTION IS HELD WITH 18 RESPECT TO WHICH SUCH CONTRIBUTION IS MADE IS CONSIDERED TO BE 19 MADE DURING THE CALENDAR YEAR IN WHICH SUCH ELECTION IS HELD. 20 SECTION 1617-A. INTERACTIVE GUBERNATORIAL PRIMARY AND 21 GENERAL ELECTION DEBATES; PARTICIPATION BY CANDIDATES.-- 22 (A) IN ANY YEAR IN WHICH A PRIMARY ELECTION IS TO BE HELD TO 23 NOMINATE CANDIDATES FOR THE OFFICES OF GOVERNOR AND LIEUTENANT 24 GOVERNOR, THERE SHALL BE HELD AMONG THE SEVERAL CANDIDATES FOR 25 EACH NOMINATION A SERIES OF INTERACTIVE PRIMARY DEBATES IN WHICH 26 ALL CANDIDATES WHO HAVE FILED NOMINATION PETITIONS IN ACCORDANCE 27 WITH THIS ACT FOR THESE OFFICES AND HAVE APPLIED OR INTEND TO 28 APPLY TO RECEIVE MONEY FOR ELECTION CAMPAIGN EXPENSES FROM THE 29 FUND SHALL PARTICIPATE AND IN WHICH ANY OTHER CANDIDATE FOR THAT 30 NOMINATION MAY ELECT TO PARTICIPATE, PROVIDED THAT THE OTHER 19990H0584B3124 - 15 -
1 CANDIDATE NOTIFIES THE COMMISSION OF THE CANDIDATE'S INTENT TO 2 PARTICIPATE NO LATER THAN TWENTY (20) DAYS BEFORE THE DATE OF 3 THE DEBATE. IN ANY YEAR IN WHICH NO CANDIDATE OR ONLY ONE 4 CANDIDATE FOR A NOMINATION IS REQUIRED OR ELECTS TO PARTICIPATE, 5 NO PRIMARY DEBATE SHALL BE REQUIRED TO BE HELD UNDER THIS 6 SUBSECTION. 7 (B) IN ANY YEAR IN WHICH A GENERAL ELECTION IS TO BE HELD 8 FOR THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR, THERE SHALL 9 BE HELD A SERIES OF INTERACTIVE DEBATES IN WHICH ALL CANDIDATES 10 WHO HAVE RECEIVED NOMINATIONS FOR THESE OFFICES AT THE PRIMARY 11 OR THROUGH THE FILING OF NOMINATION PAPERS IN ACCORDANCE WITH 12 THIS ACT AND HAVE APPLIED OR INTEND TO APPLY TO RECEIVE MONEY 13 FOR ELECTION CAMPAIGN EXPENSES FROM THE FUND SHALL PARTICIPATE 14 AND IN WHICH ANY OTHER CANDIDATE FOR ELECTION MAY PARTICIPATE, 15 PROVIDED THAT THE OTHER CANDIDATE NOTIFIES THE COMMISSION OF THE 16 CANDIDATE'S INTENT TO PARTICIPATE NO LATER THAN TWENTY (20) DAYS 17 BEFORE THE DATE OF THE DEBATE. 18 SECTION 1618-A. TIME AND CONTENTS; SPONSORS.-- 19 (A) THERE SHALL BE TWO GUBERNATORIAL AND TWO LIEUTENANT 20 GUBERNATORIAL PRIMARY DEBATES. EACH OF THE DEBATES SHALL BE AT 21 LEAST ONE HOUR IN DURATION. THE FIRST DEBATE SHALL OCCUR NOT 22 EARLIER THAN THE DATE ON WHICH THE NAMES OF CANDIDATES TO APPEAR 23 ON THE PRIMARY BALLOT ARE CERTIFIED BY THE SECRETARY OF THE 24 COMMONWEALTH IN ACCORDANCE WITH SECTION 916 OF THIS ACT AND THE 25 SECOND DEBATE SHALL OCCUR NOT LATER THAN THE TUESDAY PRECEDING 26 THE PRIMARY ELECTION. 27 (B) THERE SHALL BE THREE GUBERNATORIAL AND THREE LIEUTENANT 28 GUBERNATORIAL DEBATES. EACH OF THE DEBATES SHALL BE AT LEAST ONE 29 (1) HOUR. THE FIRST DEBATE SHALL OCCUR NOT EARLIER THAN FIFTY 30 (50) DAYS BEFORE THE DATE OF THE GENERAL ELECTION, AND THE 19990H0584B3124 - 16 -
1 SECOND DEBATE SHALL OCCUR NOT LATER THAN THE TUESDAY PRECEDING 2 THE ELECTION. 3 (C) PRIVATE ORGANIZATIONS WHICH ARE NOT AFFILIATED WITH ANY 4 POLITICAL PARTY OR WITH ANY HOLDER OF OR CANDIDATE FOR PUBLIC 5 OFFICE AND WHICH HAVE NOT ENDORSED ANY CANDIDATE IN THE PENDING 6 PRIMARY OR GENERAL ELECTION FOR THE OFFICE OF GOVERNOR SHALL BE 7 ELIGIBLE TO SPONSOR ONE OR MORE INTERACTIVE GUBERNATORIAL 8 PRIMARY DEBATES OR INTERACTIVE GUBERNATORIAL ELECTION DEBATES 9 UNDER SUBSECTION (A) OR (B), RESPECTIVELY. 10 (D) THE COMMISSION SHALL ACCEPT APPLICATIONS FROM ELIGIBLE 11 PRIVATE ORGANIZATIONS TO SPONSOR ONE OR MORE OF THE INTERACTIVE 12 DEBATES. APPLICATIONS TO SPONSOR DEBATES UNDER SUBSECTION (A) 13 SHALL BE SUBMITTED TO THE COMMISSION NO LATER THAN MARCH 15 OF 14 ANY YEAR IN WHICH A PRIMARY ELECTION IS TO BE HELD TO NOMINATE 15 CANDIDATES FOR THE OFFICE OF GOVERNOR AND LIEUTENANT GOVERNOR, 16 AND APPLICATIONS TO SPONSOR DEBATES UNDER SUBSECTION (B) SHALL 17 BE SUBMITTED TO THE COMMISSION NO LATER THAN JULY 1 OF ANY YEAR 18 IN WHICH A GENERAL ELECTION IS TO BE HELD TO FILL THE OFFICE OF 19 GOVERNOR. 20 (E) WHERE THE NUMBER OF ELIGIBLE APPLICANTS TO SPONSOR 21 PRIMARY DEBATES OR ELECTION DEBATES EXCEED THE NUMBER PRESCRIBED 22 UNDER SUBSECTION (A) AND (B), RESPECTIVELY, THE COMMISSION SHALL 23 SELECT THE PRIVATE ORGANIZATIONS FROM AMONG THE APPLICANTS 24 WITHIN THIRTY (30) DAYS OF THE LAST DAY FOR SUBMITTING THOSE 25 APPLICATIONS, AS PROVIDED UNDER THIS SUBSECTION. TO THE MAXIMUM 26 EXTENT PRACTICABLE AND FEASIBLE, THE COMMISSION SHALL SELECT A 27 DIFFERENT PRIVATE ORGANIZATION TO SPONSOR EACH OF THE 28 INTERACTIVE GUBERNATORIAL DEBATES, BUT SHALL NOT BE PRECLUDED 29 FROM SELECTING THE SAME PRIVATE ORGANIZATION TO SPONSOR MORE 30 THAN ONE DEBATE. 19990H0584B3124 - 17 -
1 (F) THE PRIVATE ORGANIZATIONS SELECTED BY THE COMMISSION 2 SHALL BE RESPONSIBLE FOR SELECTING THE DATE, TIME AND LOCATION 3 OF THE DEBATES, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS 4 SECTION. THE RULES FOR CONDUCTING EACH DEBATE SHALL BE SOLELY 5 THE RESPONSIBILITY OF THE PRIVATE ORGANIZATIONS SO SELECTED, BUT 6 SHALL NOT BE MADE FINAL WITHOUT CONSULTATION WITH BOTH THE 7 CHAIRMAN OF THE STATE COMMITTEE OF EACH POLITICAL PARTY IN THE 8 CASE OF PRIMARY DEBATES, AND WITH A REPRESENTATIVE DESIGNATED BY 9 EACH OF THE PARTICIPATING CANDIDATES IN THE CASE OF GENERAL 10 ELECTION DEBATES. 11 SECTION 1619-A. FAILURE OF CANDIDATE TO PARTICIPATE IN 12 DEBATES; COMPLAINT; HEARING; DETERMINATION; PENALTIES. 13 (A) THE COMMISSION SHALL HAVE THE POWER AND DUTY, UPON 14 RECEIPT OF A COMPLAINT AGAINST A CANDIDATE FOR NOMINATION FOR 15 ELECTION OR FOR ELECTION FOR THE OFFICE OF GOVERNOR OR 16 LIEUTENANT GOVERNOR WHO IS REQUIRED TO PARTICIPATE IN PRIMARY 17 DEBATES OR ELECTION DEBATES, RESPECTIVELY, TO HOLD A HEARING TO 18 DETERMINE WHETHER THAT CANDIDATE HAS FAILED TO PARTICIPATE IN 19 DEBATES. IF, AT THE CONCLUSION OF A HEARING UNDER THIS SECTION, 20 THE COMMISSION DETERMINES BY MAJORITY VOTE THAT A CANDIDATE 21 REQUIRED TO PARTICIPATE UNDER THIS ACT HAS FAILED TO DO SO, THE 22 CHAIRMAN SHALL IMMEDIATELY INFORM THE CANDIDATE IN WRITING OF 23 THAT DETERMINATION, IDENTIFYING IN THAT WRITING THE DATE AND 24 CIRCUMSTANCES OF THE FAILURE. IF, AFTER HAVING FOUND THAT A 25 CANDIDATE REQUIRED TO PARTICIPATE IN A PRIMARY OR ELECTION 26 DEBATE HAS FAILED TO DO SO, THE COMMISSION FURTHER FINDS THAT 27 THE FAILURE OCCURRED UNDER CIRCUMSTANCES WHICH WERE BEYOND THE 28 CONTROL OF THE CANDIDATE AND WERE OF SUCH A NATURE THAT A 29 REASONABLE PERSON, TAKING INTO ACCOUNT THE PURPOSES OF THIS ACT 30 AND THE RELEVANT FACTS OF THE CASE, WOULD FIND THE FAILURE 19990H0584B3124 - 18 -
1 JUSTIFIABLE OR EXCUSABLE, THEN THE CANDIDATE SHALL NOT BE 2 SUBJECT TO ANY PENALTY OR LIABILITY FOR FAILING TO PARTICIPATE. 3 THE CANDIDATE CHARGED WITH FAILURE TO PARTICIPATE SHALL HAVE THE 4 BURDEN OF SHOWING JUSTIFICATION OR EXCUSE. 5 (B) THE CAMPAIGN OF ANY CANDIDATE OR FORMER CANDIDATE WHO 6 SHALL HAVE BEEN REQUIRED TO PARTICIPATE IN A PRIMARY DEBATE OR 7 ELECTION DEBATE UNDER THIS ARTICLE, BUT WHO HAS BEEN FOUND TO 8 HAVE FAILED TO DO SO WITHOUT REASONABLE JUSTIFICATION OR EXCUSE, 9 SHALL BE LIABLE FOR RETURN OF MONEYS PREVIOUSLY RECEIVED FOR USE 10 BY THE CANDIDATE TO PAY PRIMARY ELECTION CAMPAIGN EXPENSES OR 11 GENERAL ELECTION CAMPAIGN EXPENSES, RESPECTIVELY. THE COMMISSION 12 SHALL DETERMINE THE TOTAL AMOUNT OF MONEYS FOR ELECTION CAMPAIGN 13 EXPENSES IN THAT YEAR BY THE COMMISSION TO THE CANDIDATE UNDER 14 THIS ARTICLE, AS APPROPRIATE, AND SHALL NOTIFY THE CAMPAIGN 15 TREASURER OF THE CANDIDATE OF THE LIABILITY AS OF THE DATE OF 16 THE NOTICE, FOR THE REPAYMENT OF THOSE MONEYS PLUS INTEREST ON 17 THE UNPAID AMOUNT OF THAT LIABILITY FROM THAT DATE AT THE RATE 18 OF ONE (1) PER CENT FOR EACH MONTH OR FRACTIONAL A PART OF A 19 MONTH DURING WHICH THAT AMOUNT REMAINS UNPAID. 20 SECTION 1620-A. PENALTIES.-- 21 (A) A PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE AND 22 WHO, AS A RESULT, OBTAINS FUNDS UNDER THIS ARTICLE TO WHICH HE 23 IS NOT ENTITLED COMMITS A MISDEMEANOR OF THE FIRST DEGREE AND 24 SHALL, UPON CONVICTION, BE SUBJECT TO A FINE NOT TO EXCEED THE 25 GREATER OF TEN THOUSAND DOLLARS ($10,000), OR THREE (3) TIMES 26 THE AMOUNT OF FUNDS WRONGFULLY OBTAINED OR TO IMPRISONMENT FOR 27 UP TO FIVE (5) YEARS, OR BOTH. 28 (B) USE OF FUNDS AND EXPENDITURES.--A PERSON WHO VIOLATES 29 SECTION 1612-A OR 1613-A COMMITS A MISDEMEANOR OF THE FIRST 30 DEGREE AND SHALL, UPON CONVICTION, BE SUBJECT TO A FINE NOT TO 19990H0584B3124 - 19 -
1 EXCEED THE GREATER OF TEN THOUSAND DOLLARS ($10,000), OR THREE 2 (3) TIMES THE AMOUNT OF FUNDS THAT WERE WRONGFULLY USED OR 3 EXPENDED OR TO IMPRISONMENT FOR UP TO FIVE (5) YEARS, OR BOTH. 4 (C) EXCEPT AS PROVIDED IN SUBSECTIONS (A) AND (B), A PERSON 5 WHO VIOLATES ANY PROVISION OF THIS ARTICLE COMMITS A MISDEMEANOR 6 OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SUBJECT TO A 7 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000), OR TO 8 IMPRISONMENT FOR UP TO ONE (1) YEAR, OR BOTH. 9 (D) ALL FINES AND PENALTIES ASSESSED PURSUANT TO THIS 10 ARTICLE SHALL BE DEPOSITED IN THE PENNSYLVANIA FAIR CAMPAIGN 11 FUND. 12 SECTION 1621. APPROPRIATION.-- 13 (A) THE SUM OF SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS 14 ($750,000) IS HEREBY APPROPRIATED TO THE STATE ETHICS COMMISSION 15 FOR FISCAL YEAR 2000-2001 TO IMPLEMENT THE REQUIREMENTS OF THIS 16 ARTICLE. 17 (B) THE DOLLAR FIGURES CONTAINED IN THIS ARTICLE SHALL BE 18 ADJUSTED ANNUALLY AT A RATE EQUAL TO THE AVERAGE PERCENTAGE 19 CHANGE IN THE ALL-URBAN CONSUMER PRICE INDEX FOR THE PITTSBURGH, 20 PHILADELPHIA AND SCRANTON STANDARD METROPOLITAN STATISTICAL 21 AREAS AS PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE 22 UNITED STATES DEPARTMENT OF LABOR, OR ANY SUCCESSOR AGENCY, 23 OCCURRING IN THE PRIOR CALENDAR YEAR. THE BASE YEAR SHALL BE 24 1999. THE AVERAGE SHALL BE CALCULATED AND CERTIFIED ANNUALLY BY 25 THE COMMISSION BY ADDING THE PERCENTAGE INCREASE IN EACH OF THE 26 THREE (3) AREAS AND DIVIDING BY THREE (3). THE CALCULATION AND 27 RESULTING NEW DOLLAR FIGURES SHALL BE PUBLISHED IN MARCH IN THE 28 PENNSYLVANIA BULLETIN. THE CHECKOFF REFERRED TO IN SECTION 1606- 29 A SHALL BE ROUNDED TO THE NEAREST DOLLAR. 30 SECTION 1622-A. SEVERABILITY.--THE PROVISIONS OF THIS 19990H0584B3124 - 20 -
1 ARTICLE ARE SEVERABLE. IF ANY PROVISION OF THIS ARTICLE OR ITS 2 APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE 3 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF 4 THIS ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID 5 PROVISION OR APPLICATION. 6 SECTION 1623-A. APPLICABILITY.--THIS ARTICLE SHALL BE 7 APPLICABLE TO RETURNS OF TAXPAYERS OF CALENDAR YEARS COMMENCING 8 JANUARY 1, 2000, AND THEREAFTER. FUNDING FROM THE PENNSYLVANIA 9 FAIR CAMPAIGN FUND SHALL BE PROVIDED TO CANDIDATES FOR STATEWIDE 10 OFFICE BEGINNING WITH THE PRIMARY ELECTION OF 2002 AND IN EACH 11 GUBERNATORIAL PRIMARY AND ELECTION THEREAFTER. 12 Section 3 4. This act shall take effect January 1, 2001. <-- A27L25JRW/19990H0584B3124 - 21 -