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| PRIOR PRINTER'S NO. 3187 | PRINTER'S NO. 3582 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CULVER, AUMENT, BEAR, BENNINGHOFF, BLOOM, BOYD, R. BROWN, CARROLL, CUTLER, DAY, DUNBAR, EVANKOVICH, GEIST, GINGRICH, GRELL, GROVE, HAHN, HENNESSEY, LAWRENCE, MAHER, MASSER, MURT, OBERLANDER, PERRY, ROSS, SAYLOR, SIMMONS, STEPHENS, TRUITT AND VEREB, MARCH 12, 2012 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 22, 2012 |
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| AN ACT |
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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," in primary and election expenses, further | <-- |
12 | providing for place of filing; and providing for electronic |
13 | filing of reports and for inability to file reports or |
14 | statements by deadline. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. The act of June 3, 1937 (P.L.1333, No.320), known | <-- |
18 | as the Pennsylvania Election Code, is amended by adding sections |
19 | to read: |
20 | Section 1. Section 1631 of the act of June 3, 1937 | <-- |
21 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
22 | added October 4, 1978 (P.L.893, No.171), is amended to read: |
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1 | Section 1631. Place of Filing.-- |
2 | Any statement or report required by this article to be filed, |
3 | shall be done in the following manner: |
4 | (1) (i) Any candidate, individual, or committee required to |
5 | file a report concerning any candidate shall file that statement |
6 | or report in the office of the supervisor with whom the |
7 | candidate filed a nomination paper, nomination certificate, |
8 | nomination petitions or with the supervisor with whom the |
9 | candidate would have filed such if he had sought nomination in |
10 | that manner. |
11 | [(ii) All candidates and political committees, authorized by |
12 | candidates and created solely for the purpose of influencing the |
13 | election of such candidates, who must file reports with the |
14 | Secretary of the Commonwealth, shall also file copies of their |
15 | reports in the county in which the candidate resides.] |
16 | (2) (i) Any statement or report concerning an issue to be |
17 | voted on by the electors of the State at large shall be filed |
18 | with the Secretary of the Commonwealth. |
19 | (ii) Any statement or report concerning any other issue to |
20 | be voted on by the electors of this Commonwealth shall be filed |
21 | in the county wherein the electors reside. |
22 | (3) However, if any report of any political committee |
23 | concerns both candidates who file for nomination with the |
24 | Secretary of the Commonwealth and candidates who file with a |
25 | county board of elections, then such report shall be filed with |
26 | the Secretary of the Commonwealth. |
27 | Section 1.1. The act is amended by adding sections to read: |
28 | Section 1631.1. Electronic Filing of Reports.--(a) |
29 | Beginning February 1, 2013, all campaign finance reports |
30 | required to be filed with the Secretary of the Commonwealth |
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1 | shall be filed electronically using the electronic filing system |
2 | developed by the secretary that is consistent with the purposes |
3 | of this article. |
4 | (b) A campaign finance report submitted electronically |
5 | shall: |
6 | (1) be made under oath or equivalent affirmation and subject |
7 | to the penalties for perjury; |
8 | (2) include the electronic signature of the treasurer or |
9 | assistant treasurer of the political committee serving at the |
10 | time of the filing of the campaign finance report; and |
11 | (3) for a report filed by a political committee authorized |
12 | by a candidate and created solely for the purpose of influencing |
13 | an election on behalf of that candidate, include the electronic |
14 | signature of the candidate, made under oath or equivalent |
15 | affirmation stating that, to the best of the candidate's |
16 | knowledge, the political committee has not violated any |
17 | provision of this act. |
18 | Section 1631.2. Inability to File Reports or Statements |
19 | Electronically by Deadline.--(a) For reports or statements |
20 | filed under section 1631.1, if a candidate or political |
21 | committee cannot file a report between five o'clock P.M. And |
22 | midnight on the day a report or statement is due because of the |
23 | unavailability of the Department of State's electronic filing |
24 | system at the time the candidate or political committee attempts |
25 | to file the report, the candidate, committee treasurer or |
26 | assistant treasurer shall immediately notify the department. The |
27 | candidate or political committee would then have until twelve |
28 | o'clock noon on the day following the deadline to file the |
29 | report or statement electronically. Additionally, the candidate |
30 | or committee treasurer will be required to file a statement |
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1 | affirming that the candidate, committee treasurer or assistant |
2 | treasurer was unable to file the report on time because of the |
3 | unavailability of the Department of State's electronic filing |
4 | system at the time the candidate, treasurer or assistant |
5 | treasurer attempted to file the report. The affirmation |
6 | statement is due at the same time as the statement or report |
7 | filed under this subsection. The report or statement shall not |
8 | be considered filed until the affirmation statement is filed. |
9 | (b) If a candidate or political committee is unable to file |
10 | as required by subsection (a) because the Department of State's |
11 | electronic filing system remains unavailable, the candidate, |
12 | committee treasurer or assistant treasurer shall notify the |
13 | department each day a report cannot be filed due to the |
14 | unavailability of the department's electronic filing system. The |
15 | candidate or political committee shall have until twelve o'clock |
16 | noon the following day to electronically file the report, or |
17 | again to notify the Department of State of the inaccessibility |
18 | of the department's electronic filing system. The candidate, |
19 | committee treasurer or assistant treasurer shall be required to |
20 | file a statement affirming that the candidate or committee |
21 | treasurer was unable to file the report on time because of the |
22 | unavailability of the Department of State's electronic filing |
23 | system. The affirmation statement shall be due at the same time |
24 | as the statement or report filed under this subsection. The |
25 | report or statement shall not be considered filed until the |
26 | affirmation statement is filed. |
27 | (c) The words "unavailability of the Department of State's |
28 | electronic filing system" shall mean a failure of the system |
29 | within the Department of State's technical environment that does |
30 | not allow access to the system by an individual. The term shall |
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1 | not include a network issue between the user's computer and the |
2 | Department of State's environment, nor shall the term include |
3 | any part of the user's computer or internal network. |
4 | (d) For cause shown, the Secretary of the Commonwealth may |
5 | waive late filing fees for reports or statements filed as |
6 | required under this section. |
7 | Section 2. This act shall take effect January 1, 2013. |
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