PRINTER'S NO. 2844
No. 2132 Session of 2001
INTRODUCED BY LEVDANSKY, BROWNE, DeWEESE, NAILOR, VEON, HARHART, FREEMAN, GORDNER, STEELMAN, WOJNAROSKI, JOSEPHS, HANNA, YUDICHAK, MANDERINO AND GRUCELA, NOVEMBER 13, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 13, 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 contribution limitations and 12 independent expenditures. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known 16 as the Pennsylvania Election Code, is amended by adding a 17 section to read: 18 Section 1627.1. Limitations on Certain Contributions.-- 19 (a) Aggregate contributions, including in-kind 20 contributions, from any person to any candidate for the office 21 of Senator or Representative in the General Assembly, court of 22 common pleas or a county or local office, his authorized
1 committee or agent shall not exceed two hundred dollars ($200) 2 for each election. Furthermore, for each election, no such 3 candidate, his authorized committee or agent shall accept or 4 receive more than two hundred dollars ($200) in aggregate 5 contributions, including in-kind contributions from any person. 6 (b) Aggregate contributions, including in-kind 7 contributions, from any person to any candidate for Statewide 8 office, his authorized committee or agent shall not exceed two 9 thousand dollars ($2,000) for each election. Furthermore, for 10 each election, no candidate, his authorized committee or agent 11 shall accept or receive more than two thousand dollars ($2,000) 12 in aggregate contributions, including in-kind contributions from 13 any person. 14 (c) Aggregate contributions, including in-kind 15 contributions, from a single political action committee, its 16 affiliate or agent or candidate's political committee, its 17 affiliate or agent to any candidate for the office of Senator or 18 Representative in the General Assembly, court of common pleas or 19 a county or local office, his authorized committee or agent 20 shall not exceed one thousand dollars ($1,000) for each 21 election. Furthermore, for each election, no candidate for such 22 office, his authorized committee or agent shall accept or 23 receive more than one thousand dollars ($1,000) in aggregate 24 contributions, including in-kind contributions, from single 25 political action committee or agent or candidate's political 26 committee. 27 (d) Aggregate contributions, including in-kind 28 contributions, from single political action committee, its 29 affiliate or agent or candidate's political committee to any 30 candidate for Statewide office, his authorized committee or 20010H2132B2844 - 2 -
1 agent shall not exceed ten thousand dollars ($10,000) for each 2 election. Furthermore, for each election, no candidate, his 3 authorized committee or agent shall accept or receive more than 4 ten thousand dollars ($10,000) in aggregate contributions, 5 including in-kind contributions, from a single political action 6 committee, its affiliate or agent or candidate's political 7 committee. 8 (e) Aggregate contributions, including in-kind 9 contributions, from a single political party committee, its 10 affiliate or agent to any candidate for the office of Senator or 11 Representative in the General Assembly, court of common pleas or 12 a county or local office, his authorized committee or agent, 13 shall not exceed five thousand dollars ($5,000) per election. 14 Furthermore, no candidate for the office of Senator or 15 Representative in the General Assembly, court of common pleas or 16 a county or local office, his authorized committee or agent, 17 shall accept or receive more than five thousand dollars ($5,000) 18 in aggregate contributions from any single political party 19 committee, its affiliate or agent. 20 (f) Aggregate contributions, including in-kind 21 contributions, from a single political party committee, its 22 affiliate or agent to any candidate for Statewide office, his 23 authorized committee or agent, or any political action 24 committee, its affiliate or agent or political party committee, 25 its affiliate or agent, or any other political committee, its 26 affiliate or agent, shall not exceed twenty thousand dollars 27 ($20,000) per election. Furthermore, no candidate for Statewide 28 office, his authorized committee or agent or any political 29 action committee or political committee shall accept or receive 30 more than twenty thousand dollars ($20,000) in aggregate 20010H2132B2844 - 3 -
1 contributions from any single political party committee, its 2 affiliate or agent. 3 (g) Aggregate contributions, including in-kind 4 contributions, from any person or a single political action 5 committee, its affiliate or agent or any single candidate's 6 political committee, its affiliate or agent to a single 7 political action committee, its affiliate or agent shall not 8 exceed five thousand dollars ($5,000) during any calendar year. 9 Furthermore, for each election, no political action committee, 10 its affiliate or agent shall accept or receive more than five 11 thousand dollars ($5,000) in aggregate contributions, including 12 in-kind contributions, from a single political action committee, 13 its affiliate or agent during any calendar year. 14 (h) Aggregate contributions from any person, a single 15 candidate's political committee, its affiliate or agent or a 16 single political action committee, its affiliate or agent or any 17 other political committee to a single political party committee 18 shall not exceed twenty thousand dollars ($20,000) in a calendar 19 year. Furthermore, no single political party committee shall 20 accept or receive more than twenty thousand dollars ($20,000) in 21 aggregate contributions from any single candidate's political 22 committee or agent or a single political action committee, its 23 affiliate or agent or any political committee. 24 (i) No person shall make contributions in accordance with 25 this section aggregating more than twenty-five thousand dollars 26 ($25,000) in any calendar year. 27 (j) A gift, subscription, loan, advance or deposit of money 28 or anything of value to a candidate shall be considered a 29 contribution both by the original source of the contribution and 30 by any intermediary or conduit if the intermediary or conduit: 20010H2132B2844 - 4 -
1 (1) exercises any direction over the making of the 2 contribution; or 3 (2) solicits the contribution or arranges for the 4 contribution made and directly or indirectly makes the candidate 5 aware of such intermediary or conduit's role in soliciting or 6 arranging the contribution for the candidate. 7 (k) For purposes of subsection (j), a contribution shall not 8 be considered to be a contribution by an intermediary or conduit 9 to the candidate if: 10 (1) the intermediary or conduit has been retained by the 11 candidate's committee for the purpose of fundraising and is 12 reimbursed for expenses incurred in soliciting contributions; 13 (2) in the case of an individual, the candidate has 14 expressly authorized the intermediary or conduit to engage in 15 fundraising, or the individual occupies a significant position 16 within the candidate's campaign organization; or 17 (3) in the case of a political committee, the intermediary 18 or conduit is the authorized committee of the candidate. 19 (l) No candidate for Statewide office who accepts public 20 funding, if a system of public funding of campaigns is in 21 effect, may contribute more than $25,000 per election from their 22 personal funds. No candidate for the offices of Senator or 23 Representative in the General Assembly who accepts public 24 funding, if a system for public funding of campaigns is in 25 effect, may contribute more than ten thousand dollars ($10,000) 26 per election from their personal funds. 27 (m) The provisions of this section are applicable to any 28 contribution made for the purpose of influencing any election to 29 all public offices except Federal offices. 30 (n) For purposes of this section, any contribution made to a 20010H2132B2844 - 5 -
1 candidate in a year other than the calendar year in which the 2 election is held with respect to which such contribution is 3 made, is considered to be made during the calendar year in which 4 such election is held. 5 Section 2. The dollar figures contained in section 1627.1 6 shall be adjusted annually at a rate equal to the average 7 percentage change in the All-Urban Consumer Price Index for the 8 Pittsburgh, Philadelphia and Scranton standard metropolitan 9 statistical areas as published by the Bureau of Labor Statistics 10 of the United States Department of Labor, or any successor 11 agency, occurring in the prior calendar year. The base year 12 shall be 2001. The average shall be calculated and certified 13 annually by the Pennsylvania State Board of Elections by adding 14 the percentage increase in each of the three areas and dividing 15 by three. The calculation and resulting new figures shall be 16 published for the dollar figures contained in section 1627.1 in 17 March in the Pennsylvania Bulletin. 18 Section 3. The provisions of this act are severable. If any 19 provision of this act or its application to any person or 20 circumstance is held invalid, the invalidity shall not affect 21 other provisions or applications of this act which can be given 22 effect without the invalid provision or application. 23 Section 4. This act shall take effect in 120 days. H21L25MSP/20010H2132B2844 - 6 -