PRINTER'S NO. 2908
No. 2173 Session of 2001
INTRODUCED BY KENNEY, ARMSTRONG, BARD, L. I. COHEN, CREIGHTON,
FEESE, FICHTER, GABIG, GEIST, HERMAN, JADLOWIEC, LEH,
MARSICO, McNAUGHTON, R. MILLER, RUBLEY, E. Z. TAYLOR, TULLI
AND WOGAN, NOVEMBER 19, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 19, 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," further providing for late filing fees.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1632(a) of the act of June 3, 1937
15 (P.L.1333, No.320), known as the Pennsylvania Election Code,
16 amended July 11, 1980 (P.L.591, No.127), is amended to read:
17 Section 1632. Late Filing Fee; Certificate of Filing.--
18 (a) [A] (1) Except as otherwise provided for in clauses (2)
19 and (3), a late filing fee for [each] a report or statement of
20 expenditures and contributions which is not filed within the
21 prescribed period shall be imposed as follows. Such fee shall be
1 [ten dollars ($10)] one hundred dollars ($100) for each day or
2 part of a day excluding Saturdays, Sundays and holidays that a
3 report is overdue. An additional fee of [ten dollars ($10)] one
4 hundred dollars ($100) is due for each of the first six (6) days
5 that a report is overdue. The maximum fee payable with respect
6 to a single report is [two hundred fifty dollars ($250)] one
7 thousand dollars ($1,000).
8 (2) A late filing fee for a second report or statement of
9 expenditures and contributions which is not filed within the
10 prescribed period shall be imposed as follows. Such fee shall be
11 two hundred dollars ($200) for each day or part of a day
12 excluding Saturdays, Sundays and holidays that a report is
13 overdue. An additional fee of two hundred dollars ($200) is due
14 for each of the first six (6) days that a second report is
15 overdue. The maximum fee payable with respect to a second report
16 is two thousand dollars ($2,000).
17 (3) A late filing fee for a third or subsequent report or
18 statement of expenditures and contributions which is not filed
19 within the prescribed period shall be imposed as follows. Such
20 fee shall be three hundred dollars ($300) for each day or part
21 of a day excluding Saturdays, Sundays and holidays that a report
22 is overdue. An additional fee of three hundred dollars ($300) is
23 due for each of the first six (6) days that a third report is
24 overdue. The maximum fee payable with respect to a third report
25 is three thousand dollars ($3,000).
26 (4) A supervisor shall receive an overdue report or
27 statement even if any late filing fee due has not been paid but
28 the report or statement shall not be considered filed until all
29 fees have been paid upon the receipt by the supervisor of an
30 overdue report. No further late filing fees shall be incurred
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1 notwithstanding the fact that the report or statement is not
2 considered filed.
3 (5) The late filing fee is the personal liability of the
4 candidate or treasurer of a political committee and cannot be
5 paid from contributions to the candidate or committee, nor may
6 such fee be considered an expenditure.
7 (6) A report or statement of expenditures and contributions
8 shall be deemed to have been filed within the prescribed time if
9 the letter transmitting the report or statement which is
10 received by the supervisor is transmitted by first class mail
11 and is postmarked by the United States Postal Service on the day
12 prior to the final day on which the report or statement is to be
13 received: Provided, That this sentence shall not be applicable
14 to the reporting requirements contained in section 1628.
15 * * *
16 Section 2. This act shall take effect in 60 days.
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