SB 178 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in primary and election expenses, further providing for reporting by candidate and political committees and other persons, for late contributions and independent expenditures, for oath of compliance, perjury, disqualification from office and commercial use, for residual funds and for place of filing, providing for manner of filing and for inability to file reports or statements electronically by deadline and further providing for late filing fee and certificate of filing, for additional powers and duties of the Secretary of the Commonwealth and for reports by business entities and publication by Secretary of the Commonwealth.

PRIOR PRINTER'S NO.

135 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2019 No.

585INTRODUCED THEBY GENERALBROWNE, ASSEMBLYGORDNER, OFMENSCH, PENNSYLVANIAYAW, SENATEFOLMER, BILLBAKER, SessionSCAVELLO, AUMENT, DiSANTO, COSTA, HUGHES, BOSCOLA, FONTANA, SANTARSIERO, BREWSTER, HAYWOOD, FARNESE, SCHWANK, KEARNEY AND TARTAGLIONE, FEBRUARY 1, 2019 REFERRED TO STATE GOVERNMENT, FEBRUARY 1, 2019 AN ACT Amending the act of No.June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests;

178 2019 INTSCAVELLO, AUMENT, DiSANTO, COSTA, HUGHES, BOSCOLA, FONTANA, SANTARSIERO, BREWSTER, HAYWOOD, FARNESE, SCHWANK, KEARNEY, TARTAGLIONE AND J.

WARD, FEBRUARY 1, 2019 SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, APRIL 9, 2019 AN ACT Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, primary and election expenses and election contests;

and repealing certain acts and parts of acts relating to elections," in primary and election expenses, further providing for reporting by candidate and political committees and other persons, for late contributions and independent expenditures,expenditures FOR OATH OF COMPLIANCE, PERJURY, <-- DISQUALIFICATION FROM OFFICE AND COMMERCIAL USE and for place of filing, providing for manner of filing and for inability to file reports or statements electronically by deadline and further providing for late filing fee and certificate of offiling theand Commonwealthfor ANDadditional FORpowers REPORTSand BYduties BUSINESSof ENTITIESthe ANDySecretary <--of PUBLICATIONthe BYCommonwealth. SECRETARY OF THE COMMONWEALTH.

Section 1626 of the act of June 3, 1937 <-- (P.L.1333, No.320), known as the Pennsylvania Election Code, is amended by adding a subsection to read:

SECTION 1.

SECTION 1626(A) AND (H) OF THE ACT OF JUNE 3, <-- 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

Reporting by Candidate and Political Committees and other Persons.-- (A)* EACH* TREASURER* OF(k) A(1) POLITICALAll COMMITTEEcampaign ANDfinance EACHreports <--required CANDIDATEto FORbe ELECTIONfiled TOwith PUBLICthe OFFICESecretary SHALLof FILEthe WITHCommonwealth THEshall APPROPRIATEbe SUPERVISORfiled REPORTSelectronically OFusing RECEIPTSthe ANDelectronic EXPENDITURESfiling ONsystem FORMS,developed DESIGNEDby BYthe THESecretary SECRETARYof OFthe THECommonwealth COMMONWEALTH,that IFis THEconsistent AMOUNTwith RECEIVEDthe ORpurposes EXPENDEDof ORthis LIABILITIESsubsection. INCURRED SHALL EXCEED THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250).

SHOULD SUCH AN AMOUNT NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250), THEN THE CANDIDATE OR THE TREASURER OF THE COMMITTEE SHALL FILE A [SWORN]campaign STATEMENTfinance TOreport THATsubmitted EFFECTelectronically WITHmust: THE APPROPRIATE SUPERVISOR RATHER THAN THE REPORT REQUIRED BY THIS SECTION.

*(i) *be *made (H)under ALLoath REPORTSor ORequivalent STATEMENTSaffirmation; REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL BE FILED PURSUANT TO [SECTION 1630] SECTIONS 1629 AND 1631.1.

ALL(ii) REPORTSrequire ANDan STATEMENTSelectronic REQUIREDsignature BYfrom THISthe SECTIONtreasurer SHALLor COVERassistant THEtreasurer CAMPAIGNat ACTIVITYthe OFtime Aof CANDIDATEthe ONLYfiling FROMof THEthe LASTcampaign PRIORfinance REPORTreport. OR STATEMENT.

*In *addition, *a (k)report (1)filed Allby campaigna financepolitical reportscommittee, ORauthorized STATEMENTSby requireda <--candidate toand becreated filedsolely withfor the Secretarypurpose of theinfluencing Commonwealthan shallelection beon filedbehalf electronicallyof that candidate must be signed, using thean electronic filingsignature, systemunder developedoath or equivalent affirmation by the Secretarycandidate ofthat, to the Commonwealthbest thatof isthe consistentcandidate's withknowledge, the purposespolitical committee has not violated a provision of this subsection.act;

Aand campaign(iii) <--be financemade reportsubject ORto STATEMENTthe submittedpenalties electronicallyfor must:perjury.

<-- (i) be made under oath or equivalent affirmation;

<-- 20190SB0178PN0585 - 2 - (ii) require an electronic signature from the treasurer or assistant treasurer at the time of the filing of the campaign <-- finance report OR STATEMENT.

In addition, a report filed by a <-- political committee, authorized by a candidate and created solely for the purpose of influencing an election on behalf of that candidate must be signed, using an electronic signature, under oath or equivalent affirmation by the candidate STATING <-- that, to the best of the candidate's knowledge, the political committee has not violated a provision of this act;

and (iii) (II) be made subject to the penalties for perjury OF <-- 18 PA.C.S.

§ 4904 (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES).

AS USED IN <-- THIS SUBCLAUSE, THE TERM "TECHNOLOGICAL HARDSHIP" MEANS A LACK OF COMPUTER OR INTERNET ACCESS OR A DISABILITY THAT PREVENTS ELECTRONIC FILING.

Sections 1628,1628 1629 HEADING, (A) AND (B) and <-- 1631(1) of the act are amended to read:

20190SB0178PN0135 - 2 - Section 1628.

Late Contributions and Independent Expenditures.--Any candidate or political committee, authorized by a candidate and created solely for the purpose of influencing 20190SB0178PN0585 - 3 - an election on behalf of that candidate, which receives any contribution or pledge of five hundred dollars ($500) or more, and any person making an independent expenditure, as defined by this act, of five hundred dollars ($500) or more after the final pre-election report has been deemed completed shall report such contribution, pledge or expenditure to the appropriate supervisor.

[The report shall be made by telegram, mailgram, overnight mail or facsimile transmission.] The reports filed with the Secretary of <-- the Commonwealth shall be filed electronically in accordance with section 1631.1.

Any]Any THEcandidate REPORTSin FILEDhis WITHown THEbehalf, SECRETARYor <--chairman, OFtreasurer THEor COMMONWEALTHcandidate SHALLin BEbehalf FILEDof ELECTRONICALLYthe INpolitical ACCORDANCEcommittee WITHmay SECTIONalso 1631.1.comply with this section by appearing personally before such supervisor and reporting such late contributions or pledges.

IFSection THE1631. CANDIDATE OR POLITICAL COMMITTEE IS NOT REQUIRED TO FILE ELECTRONICALLY, THE REPORT SHALL BE FILED BY FACSIMILE, ELECTRONIC MAIL OR OVERNIGHT MAIL COURIER SERVICE.

EXCEPT FOR REPORTS REQUIRED TO BE FILED ELECTRONICALLY, A candidate in his own behalf, or chairman, treasurer or candidate [in] ON behalf of the political committee may also comply with <-- this section by appearing personally before such supervisor and reporting such late contributions or pledges.

SECTION 1629.

[OATH OF COMPLIANCE] UNSWORN FALSIFICATION;

<-- PERJURY;

DISQUALIFICATION FROM OFFICE;

COMMERCIAL USE.-- [(A) EACH REPORT SHALL BE SUBSCRIBED AND SWORN TO BY THE INDIVIDUAL SUBMITTING THE REPORT.

IN ADDITION, ANY REPORT FILED BY A POLITICAL COMMITTEE, AUTHORIZED BY A CANDIDATE AND CREATED SOLELY FOR THE PURPOSE OF INFLUENCING AN ELECTION ON BEHALF OF THAT CANDIDATE, MUST BE ACCOMPANIED BY AN AFFIDAVIT FROM THAT 20190SB0178PN0585 - 4 - CANDIDATE WHICH PROVIDES THAT, TO THE BEST OF THE CANDIDATE'S KNOWLEDGE, THE POLITICAL COMMITTEE HAS NOT VIOLATED ANY PROVISION OF THIS ACT.] (B) ANY WILFULLY FALSE, FRAUDULENT OR MISLEADING STATEMENT OR ENTRY MADE BY ANY CANDIDATE OR TREASURER IN ANY STATEMENT OR REPORT [UNDER OATH] AS REQUIRED BY THIS ARTICLE, SHALL CONSTITUTE THE CRIME OF [PERJURY] UNSWORN FALSIFICATION TO AUTHORITIES, AND BE PUNISHABLE AS SUCH ACCORDING TO THE LAWS OF THIS COMMONWEALTH.

* * * Section 1631.

(1) (i) Any candidate, individual, or committee required to file a report concerning any candidate shall file that statement or report in the office of the supervisor with whom the candidate filed a nomination paper, nomination certificate, nomination petitions or with the supervisor with whom the candidate would have filed such if he had sought nomination in 20190SB0178PN0135 - 3 - that manner.

[(ii) All candidates and political committees, authorized by candidates and created solely for the purpose of influencing the election of such candidates, who must file reports with the Secretary of the Commonwealth, shall also file copies of their reports in the county in which the candidate resides.] (ii) All candidates and political committees, authorized by candidates and created solely for the purpose of influencing the election of such candidates, WHO MUST FILE REPORTS WITH THE <-- SECRETARY OF THE COMMONWEALTH AS REQUIRED BY THIS SUBSECTION, must only file campaign finance reports electronically with the <-- 20190SB0178PN0585 - 5 - Secretary of the Commonwealth.

Manner of Filing.-- (a) All campaign finance reports and statements required to <-- be filed with the Secretary of the Commonwealth pursuant to sections 1626, 1627, 1628 and 1641 shall be filed with the Secretary of the Commonwealth using the electronic filing system developed by the Secretary of the Commonwealth.

(b) A campaign finance report or statement filed <-- electronically shall:

<-- and (3) for a report or statement filed by a candidate or a candidate's political committee, include the electronic signature of the candidate, stating that, to the best of the candidate's knowledge, the political committee has not violated 20190SB0178PN0135 - 4 - a provision of this act.