PRINTER'S NO. 2909
No. 2174 Session of 2001
INTRODUCED BY KENNEY, ARMSTRONG, L. I. COHEN, CREIGHTON, FEESE,
FICHTER, GABIG, GEIST, HERMAN, JADLOWIEC, LEH, MARSICO,
McNAUGHTON, NAILOR, E. Z. TAYLOR, TULLI AND BARD,
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 criminal penalties relating
12 to receipts and disbursements of primary and election
13 expenses by persons other than candidates and treasurers, for
14 receipts of primary and election expenses by unauthorized
15 persons and for failure to file expense account.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1840 of the act of June 3, 1937
19 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
20 amended to read:
21 Section 1840. Receipts and Disbursements of Primary and
22 Election Expenses by Persons Other Than Candidates and
23 Treasurers.--Any member of a political committee who shall
1 receive or disburse any money or incur any liability for primary
2 or election expenses, except through the treasurer of such
3 political committee, and any person not a candidate or member of
4 a political committee who shall receive or disburse any money or
5 incur any liability for primary or election expenses, shall be
6 guilty of a misdemeanor, and, upon conviction thereof, shall be
7 sentenced to pay a fine not exceeding one thousand ($1,000)
8 dollars, or to undergo an imprisonment of not less than one (1)
9 month nor more than two (2) years, or both, in the discretion of
10 the court. A second or subsequent violation of this section
11 shall be a felony of the third degree, punishable by a fine of
12 fifteen thousand ($15,000) dollars or a term of imprisonment of
13 not more than seven (7) years, or both, in the discretion of the
14 court.
15 Section 2. Sections 1841 and 1845 of the act, amended
16 October 4, 1978 (P.L.893, No.171), are amended to read:
17 Section 1841. Receipts of Primary and Election Expenses by
18 Unauthorized Persons.--Any person or any political committee who
19 receives money on behalf of any candidate without being
20 authorized to do so under the provisions of section 1623, shall
21 be guilty of a misdemeanor, and, upon conviction thereof, shall
22 be sentenced to pay a fine not exceeding five thousand dollars
23 ($5,000), or to undergo an imprisonment of not less than one (1)
24 month nor more than two (2) years, or both, in the discretion of
25 the court. A second or subsequent violation of this section
26 shall be a felony of the third degree, punishable by a fine of
27 fifteen thousand dollars ($15,000) or a term of imprisonment of
28 not more than seven (7) years, or both, in the discretion of the
29 court.
30 Section 1845. Failure to File Expense Account.--Any
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1 candidate or treasurer of a political committee or person acting
2 as such treasurer who shall fail to file an account of primary
3 or election expenses, as required by this act, shall be guilty
4 of a misdemeanor, and, upon conviction thereof, shall be
5 sentenced to pay a fine not exceeding five thousand dollars
6 ($5,000), or to undergo an imprisonment of not less than one (1)
7 month nor more than two (2) years, or both, in the discretion of
8 the court. A second or subsequent violation of this section
9 shall be a felony of the third degree, punishable by a fine of
10 fifteen thousand dollars ($15,000) or a term of imprisonment of
11 not more than seven (7) years, or both, in the discretion of the
12 court.
13 Section 3. This act shall take effect in 60 days.
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