PRINTER'S NO. 1599
No. 1369 Session of 2001
INTRODUCED BY SCRIMENTI, MANDERINO, TIGUE, TRELLO, MUNDY, COLAFELLA, CRUZ, DALEY, HORSEY, MICHLOVIC, STEELMAN, STURLA, SURRA AND C. WILLIAMS, APRIL 23, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 23, 2001
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," providing for regulation of public service 12 announcements. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 1638 of the act of June 3, 1937 16 (P.L.1333, No.320), known as the Pennsylvania Election Code, 17 added October 4, 1978 (P.L.893, No.171), is amended to read: 18 Section 1638. Advertising.-- 19 (a) Whenever any person makes an expenditure for the purpose 20 of financing communications either expressly or indirectly 21 advocating the election or defeat of a candidate, or ballot 22 questions, through any broadcasting station, public service
1 announcement, newspaper, magazine, outdoor advertising facility, 2 direct mailing, or any other type of general public political 3 advertising, such communication: 4 (1) If authorized by the candidate, his authorized political 5 committee or their agents, shall clearly and conspicuously state 6 that the communication has been authorized. 7 (2) If not authorized by a candidate, his authorized 8 political committee, or their agents, shall clearly and 9 conspicuously state the name of the person who made or financed 10 the expenditure for the communication, including, in the case of 11 a political committee the name of any affiliated or connected 12 organization. 13 (b) (1) No broadcast station shall transmit any form of 14 public service announcement in which a candidate for public 15 office appears visually or verbally during a sixty (60) day time 16 period before any election. 17 (2) For the purposes of this section, the term "public 18 service announcement" shall be defined as any means of informing 19 the public through the broadcast medium of an issue or service 20 beneficial to the recipients in which a candidate for a 21 contested office is featured either visibly or vocally. 22 [(b)] (c) (1) No candidate for public office, or political 23 committee or party acting on his behalf, shall place any 24 advertisement referring to an opposing candidate for the same 25 office which is to be broadcast or published during the one 26 hundred and twenty (120) hours immediately prior to an election 27 or published in a weekly newspaper or periodical during the 28 eight (8) days immediately prior to an election, with a 29 television or radio broadcasting station, newspaper or 30 periodical, unless he has first given a copy of the material to 20010H1369B1599 - 2 -
1 appear or be used in the advertisement and reasonable notice to
2 the opposing candidate and the county board of elections of the
3 county where the advertisement is to be placed in sufficient
4 time for a reply advertisement to be published or broadcast at
5 the same approximate time or in the same issue of the
6 publication or on the same radio or television broadcast as the
7 original advertisement and prior to the election in question.
8 (2) The reasonable notice referred to in clause (1) shall be
9 given in writing by registered mail, return receipt requested,
10 addressee signature only, with a true copy of the material
11 enclosed to appear or be used in the advertisement so as to
12 afford the recipient sufficient time to place a reply
13 advertisement to be published or broadcast at the same
14 approximate time or in the same issue of the publication or on
15 the same radio or television broadcast as the original
16 advertisement and prior to the election in question.
17 [(3)] (d) Any person, firm or corporation, political
18 committee or party or member thereof, violating any of the
19 provisions of this section, shall be guilty of a misdemeanor,
20 and upon conviction thereof, shall be sentenced to pay a fine
21 not exceeding one thousand dollars ($1,000), or to undergo an
22 imprisonment of not less than one (1) month nor more than two
23 (2) years, or both, in the discretion of the court.
24 Section 2. This act shall take effect in 60 days.
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