PRINTER'S NO. 935
No. 876 Session of 1997
INTRODUCED BY KUKOVICH, RHOADES, MELLOW AND BELL, APRIL 4, 1997
REFERRED TO STATE GOVERNMENT, APRIL 4, 1997
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 organization of political
12 committees; and providing for independent expenditures and
13 for limits on contributions.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1621(e) and (l) of the act of June 3,
17 1937 (P.L.1333, No.320), known as the Pennsylvania Election
18 Code, added October 4, 1978 (P.L.893, No.171) and July 21, 1979
19 (P.L.189, No.63), are amended and the section is amended by
20 adding a subsection to read:
21 Section 1621. Definitions.--As used in this article, the
22 following words have the following meanings:
23 * * *
1 (e) [The words "independent expenditure" shall mean an
2 expenditure by a person made for the purpose of influencing an
3 election without cooperation or consultation with any candidate
4 or any political committee authorized by that candidate and
5 which is not made in concert with or at the request or
6 suggestion of any candidate or political committee or agent
7 thereof.] The words "independent expenditure" shall mean an
8 expenditure by a person for a communication expressly advocating
9 the election or defeat of a clearly identified candidate which
10 is not made with the cooperation or prior consent of, in
11 consultation or concert with or at the request or suggestion of
12 a candidate or any agent or authorized committee of the
13 candidate. Mere knowledge alone of the occurrence of an
14 expenditure shall not preclude it from being an independent
15 expenditure. For purposes of this definition:
16 (1) The word "agent" shall mean any person who has actual
17 oral or written authority, either express or implied, to make or
18 to authorize the making of expenditures on behalf of a
19 candidate, or shall mean any person who has been placed in a
20 position within the campaign organization where it would
21 reasonably appear that in the ordinary course of campaign
22 related activities he may authorize expenditures.
23 (2) The words "clearly identified candidate" shall mean that
24 the name of the candidate appears, a photograph or drawing of
25 the candidate appears or the identity of the candidate is
26 otherwise apparent by unambiguous reference.
27 (3) The words "expressly advocating" shall mean any
28 communication containing a message which supports or opposes any
29 candidate, including, but not limited to, the name of the
30 candidate, a picture of the candidate or expressions such as
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1 "vote for," "elect," "support," "vote against," "defeat" or
2 "reject." For purposes of this subsection, communications made
3 by an organization which the organization distributes beyond its
4 established membership shall be presumed to be expressly
5 advocating the election or defeat of a clearly identified
6 candidate.
7 (4) The words "made with the cooperation or prior consent
8 of, in consultation or concert with or at the request or
9 suggestion of a candidate or any agent or authorized committee
10 of the candidate" shall mean any arrangement, coordination or
11 direction by the candidate or his agent prior to the
12 publication, distribution, display or broadcast of the
13 communication. An expenditure shall be presumed to be so made
14 when it is:
15 (i) Based on information about the candidate's plans,
16 projects or needs provided to the expending person by the
17 candidate or by the candidate's agents, with a view toward
18 having an expenditure made.
19 (ii) Made by or through any person who is or has been
20 authorized to raise or expend funds, who is or has been an
21 officer of an authorized committee, including a political party
22 committee, or who is or has been receiving any form of
23 compensation from the candidate, the candidate's committee or
24 agent.
25 * * *
26 (l) The words "Political Action Committee" shall mean any
27 political committee as defined in subsection (h) which receives
28 contributions and makes expenditures to, or on behalf of, any
29 candidate other than a candidate's own authorized political
30 committees or the political committees of any State, county,
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1 city, borough, township, ward or other regularly constituted
2 party committee of any political party or political body. A
3 political action committee which is established, maintained or
4 controlled by a sponsoring organization such as a corporation,
5 labor organization, membership association or trade association
6 shall include in its registered name the full name of its
7 sponsoring organization.
8 * * *
9 (n) The words "affiliate" or "affiliated committee" shall
10 include:
11 (1) Any committee established or authorized by a candidate
12 as part of his or her campaign for the same election for office.
13 (2) Any committee established, financed, maintained or
14 controlled by the same corporation, labor organization, person
15 or group of persons, including any parent, subsidiary, branch,
16 division, department or local unit thereof. Local units may
17 include, in appropriate cases, a franchisee, licensee or
18 regional association.
19 Section 2. Section 1622 of the act is amended by adding a
20 subsection to read:
21 Section 1622. Organization of Political Committees;
22 Treasurer and Assistant Treasurer; Records of Candidate and
23 Committees.--
24 * * *
25 (e) A candidate shall not authorize or control more than one
26 candidate's political committee per office sought.
27 Section 3. The act is amended by adding sections to read:
28 Section 1628.1 Independent Expenditures.--
29 (a) The financing of the dissemination, distribution or
30 republication, in whole or in part, of any broadcast or any
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1 written, graphic or other form of campaign materials prepared by
2 the candidate, his campaign committees or their authorized
3 agents shall be considered a contribution for the purpose of
4 contribution limitations and reporting responsibilities by the
5 person making the expenditure but shall not be considered an
6 expenditure by the candidate or his authorized committees unless
7 made with the cooperation or with the prior consent of, or in
8 consultation with, or at the request or suggestion of, a
9 candidate or any authorized agent or committee thereof.
10 (b) Every person who makes an independent expenditure
11 aggregating in excess of two hundred fifty dollars ($250) during
12 a calendar year in any election shall file a signed statement
13 and a copy of the material paid for with the independent
14 expenditure in accordance with the provisions of section 1631
15 within twenty-four (24) hours of making the expenditure. In
16 addition, the person who makes an independent expenditure shall
17 send a copy of the material submitted to each candidate for
18 whose benefit the expenditures were made in that race by
19 overnight mail, facsimile or courier service.
20 (c) The signed statement submitted by the person making the
21 expenditure shall include the following information:
22 (1) The reporting person's name, mailing address, occupation
23 and name of employer, if any, or in the case of a separate
24 segregated committee, the name and address of the connected
25 organization.
26 (2) The name and mailing address of the person to whom the
27 expenditure was made.
28 (3) The amount, date and purpose of each expenditure.
29 (4) A statement which indicated whether the expenditure was
30 in support of or in opposition to a candidate, together with the
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1 candidate's name and office sought.
2 (5) A notarized certification under penalty of perjury as to
3 whether the expenditure was made with the cooperation or prior
4 consent of, in consultation or concert with or at the request or
5 suggestion of any candidate or any authorized committee or agent
6 of any candidate.
7 (6) The identification of each person who made a
8 contribution, excluding in-kind contributions, in excess of two
9 hundred dollars ($200) to the person filing the report, which
10 contribution was made for the purpose of furthering the reported
11 independent expenditure.
12 (d) Within twenty-four (24) hours of receipt of the material
13 described in subsection (c), each candidate for whose benefit
14 the expenditure was made shall file a statement under the
15 provisions of section 1631 if either of the following apply:
16 (1) the materials expressly advocate the election of his
17 candidacy; or
18 (2) the materials expressly advocate the defeat of his
19 opponent.
20 (e) The statement submitted by each candidate for whose
21 benefit the expenditure was made shall identify the date of the
22 expenditure as provided for by the expending person and include
23 a notarized certification under penalty of perjury as to whether
24 the expenditure was made in cooperation, consultation or concert
25 with the person making the expenditure or at the request or
26 suggestion of the candidate or any authorized committee or agent
27 of the candidate. The statement shall be signed by each
28 candidate for whose benefit the expenditure was made.
29 (f) The statement submitted by a candidate shall identify
30 the date of the expenditure as provided for by the expending
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1 person and include a notarized certification under penalty of
2 perjury as to whether the expenditure was made in cooperation,
3 consultation or concert with the person making the expenditure
4 or at the request or suggestion of the candidate or any
5 authorized committee or agent of the candidate. The statement
6 shall be signed by the candidate.
7 (g) No expenditure by an authorized committee of a candidate
8 on behalf of that candidate shall qualify as an independent
9 expenditure.
10 (h) (1) Any person who does not report an expenditure of
11 funds as required under subsection (d) commits a misdemeanor of
12 the first degree and shall, upon conviction, be subject to a
13 fine of not more than ten thousand dollars ($10,000) or to
14 imprisonment for up to five (5) years, or both.
15 (2) A person shall not be deemed elected to a public office
16 under the laws of this Commonwealth, or enter upon the duties
17 thereof, or receive any salary or emoluments therefrom, if the
18 affidavit required in subsection (e) has not been submitted as
19 described.
20 (3) Any candidate who does not submit the affidavit as
21 required under subsection (e) commits a misdemeanor of the
22 second degree and shall, upon conviction, be subject to a fine
23 of not more than five thousand dollars ($5,000) or to
24 imprisonment for up to two (2) years, or both. All actions
25 pursuant to enforcement of this subsection shall be initiated in
26 the Commonwealth Court.
27 Section 1634.2. Limitations on Contributions.--
28 (a) Aggregate contributions, excluding in-kind
29 contributions, from any person to any candidate, his authorized
30 committee or agent shall not exceed one thousand dollars
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1 ($1,000) for each election. Furthermore, for each election, no
2 candidate, his authorized committee or agent shall accept or
3 receive more than one thousand ($1,000) in aggregate
4 contributions, excluding in-kind contributions, from any person.
5 (b) Aggregate contributions, excluding in-kind
6 contributions, from a single political action committee, its
7 affiliate or agent to any candidate, his authorized committee or
8 agent shall not exceed five thousand dollars ($5,000) for each
9 election. Furthermore, for each election, no candidate, his
10 authorized committee or agent shall accept or receive more than
11 five thousand dollars ($5,000) in aggregate contributions,
12 excluding in-kind contributions, from a single political action
13 committee, its affiliate or agent.
14 (c) Aggregate contributions, excluding in-kind
15 contributions, from a single political action committee
16 registered with the Department of State in accordance with
17 section 1624, its affiliate or agent to any political action
18 committee registered with the Department of State in accordance
19 with section 1624, its affiliate or agent shall not exceed five
20 thousand dollars ($5,000) in aggregate contributions during any
21 calendar year. Furthermore, no political action committee
22 registered with the Department of State in accordance with
23 section 1624, its affiliate or agent shall accept or receive
24 more than five thousand dollars ($5,000) in aggregate
25 contributions, excluding in-kind contributions from a single
26 political action committee registered with the Department of
27 State in accordance with section 1624, its affiliate or agent
28 during any calendar year.
29 (d) Aggregate contributions from a single candidate's
30 political committee to any other single candidate's political
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1 committee or any single political action committee shall not
2 exceed five thousand dollars ($5,000) in a calendar year.
3 Furthermore, during any calendar year, no single political
4 action committee or single candidate's political committee shall
5 accept or receive more than five thousand dollars ($5,000) in
6 aggregate contributions from any single candidate's political
7 committee.
8 (e) The provisions of this section are not applicable to any
9 contribution made for the purpose of influencing any election
10 for Federal office.
11 Section 4. The Secretary of the Commonwealth shall
12 promulgate regulations necessary for the implementation of this
13 act.
14 Section 5. The provisions of this act are severable. If any
15 provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity shall not affect
17 other provisions or applications of this act which can be given
18 effect without the invalid provision or application.
19 Section 6. This act shall take effect in 60 days.
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