PRINTER'S NO. 28
No. 33 Session of 1999
INTRODUCED BY HOLL, JANUARY 7, 1999
REFERRED TO STATE GOVERNMENT, JANUARY 7, 1999
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 expense reports of
12 candidates and for late filing fees for the reports.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 1626(d) and 1628 of the act of June 3,
16 1937 (P.L.1333, No.320), known as the Pennsylvania Election
17 Code, amended July 11, 1980 (P.L.600, No.128), are amended to
18 read:
19 Section 1626. Reporting by Candidate and Political
20 Committees and other Persons.--
21 * * *
22 (d) Pre-election reports by candidates for offices to be
1 voted for by the electors of the State at large and all
2 political committees, which have expended money for the purpose
3 of influencing the election of such candidate, shall be filed
4 not later than the sixth Tuesday before and the [second] third
5 Friday before an election, provided that the initial pre-
6 election report shall be complete as of fifty (50) days prior to
7 the election and the subsequent pre-election report shall be
8 complete as of fifteen (15) days prior to the election. Pre-
9 election reports by all other candidates and political
10 committees which have received contributions or made
11 expenditures for the purpose of influencing an election shall be
12 filed not later than the [second] third Friday before an
13 election, provided that such report be complete as of fifteen
14 (15) days prior to the election.
15 * * *
16 Section 1628. Late Contributions and Independent
17 Expenditures.--
18 Any candidate or political committee, authorized by a
19 candidate and created solely for the purpose of influencing an
20 election on behalf of that candidate, which receives any
21 contribution or pledge of five hundred dollars ($500) or more,
22 and any person making an independent expenditure, as defined by
23 this act, of five hundred dollars ($500) or more after the final
24 pre-election report has been deemed completed shall report such
25 contribution, pledge or expenditure to the appropriate
26 supervisor by telegram or mailgram. Such telegram or mailgram
27 shall be sent by the candidate, chairman or treasurer of the
28 political committee within twenty-four (24) hours of receipt of
29 the contribution. It shall be the duty of the supervisor to
30 confirm the substance of such telegram or mailgram. Any
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1 candidate or political committee, authorized by a candidate and
2 created solely for the purpose of influencing an election on
3 behalf of that candidate, which receives any contribution or
4 pledge of two hundred fifty dollars ($250) or more but less than
5 five hundred dollars ($500), and any person making an
6 independent expenditure, as defined by this act, of two hundred
7 fifty dollars ($250) or more but less than five hundred dollars
8 ($500) after the final pre-election report has been deemed
9 completed shall report such contribution, pledge or expenditure
10 to the Secretary of the Commonwealth by mail. A report shall be
11 mailed by the candidate, chairman or treasurer of the political
12 committee within twenty-four (24) hours of receipt of the
13 contribution. It shall be the duty of the Secretary of the
14 Commonwealth to confirm the substance of a report. Any candidate
15 in his own behalf, or chairman, treasurer or candidate in behalf
16 of the political committee may also comply with this section by
17 appearing personally before [such supervisor] the appropriate
18 authority and reporting such late contributions or pledges.
19 Section 2. Section 1632(a) of the act, amended July 11, 1980
20 (P.L.591, No.127), is amended to read:
21 Section 1632. Late Filing Fee; Certificate of Filing.--
22 (a) [A] For candidates for State Senator, State
23 Representative, county office or city office, a late filing fee
24 for each report or statement of expenditures and contributions
25 which is not filed within the prescribed period shall be
26 imposed, up to and including election day, as follows. Such fee
27 shall be ten dollars ($10) for each day or part of a day
28 excluding Saturdays, Sundays and holidays that a report is
29 overdue. An additional fee of ten dollars ($10) is due for each
30 of the first [six (6)] five (5) days that a report is overdue.
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1 [The] An additional fee of twenty dollars ($20) is due for each
2 of the days, beginning with the sixth day and ending with the
3 day two (2) days before the election, that a report is overdue.
4 An additional fee of forty dollars ($40) is due for the day
5 before election day and election day if the report is still
6 overdue. Before the election, the maximum fee payable with
7 respect to a single report is [two hundred fifty dollars ($250).
8 A supervisor] three hundred fifty dollars ($350). After election
9 day, a late filing fee of ten dollars ($10) for each report or
10 statement of expenditures and contributions which is not filed
11 within the prescribed period shall be imposed for each day or
12 part of a day, excluding Saturdays, Sundays and holidays, that a
13 report is overdue. The total maximum fee payable with respect to
14 a single report is five hundred fifty dollars ($550). For
15 candidates for municipal office other than county or city
16 office, the fees set forth in this subsection shall be reduced
17 by fifty per centum. For candidates for Federal office governed
18 by this act and for candidates in State office other than State
19 Senator and State Representative, the fees set forth in this
20 subsection shall be increased by one hundred per centum. An
21 appropriate authority shall receive an overdue report or
22 statement even if any late filing fee due has not been paid but
23 the report or statement shall not be considered filed until all
24 fees have been paid upon the receipt by the supervisor of an
25 overdue report. No further late filing fees shall be incurred
26 notwithstanding the fact that the report or statement is not
27 considered filed. The late filing fee is the personal liability
28 of the candidate or treasurer of a political committee and
29 cannot be paid from contributions to the candidate or committee,
30 nor may such fee be considered an expenditure. A report or
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1 statement of expenditures and contributions shall be deemed to
2 have been filed within the prescribed time if the letter
3 transmitting the report or statement which is received by the
4 supervisor is transmitted by first class mail and is postmarked
5 by the United States Postal Service on the day prior to the
6 final day on which the report or statement is to be received:
7 Provided, That this sentence shall not be applicable to the
8 reporting requirements contained in section 1628.
9 * * *
10 Section 3. This act shall apply to filing fees which become
11 due after the effective date of this act.
12 Section 4. This act shall take effect immediately.
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