Bill Text: PA HB740 | 2009-2010 | Regular Session | Amended

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Bill Title: In preparation for and conduct of primaries and elections, further providing for regulations in force at polling places; in primary and election expenses, defining "prerecorded political message"; and further providing for advertising.

Spectrum: Slight Partisan Bill (Republican 26-17)

Status: (Engrossed - Dead) 2010-03-18 - Referred to STATE GOVERNMENT [HB740 Detail]

Download: Pennsylvania-2009-HB740-Amended.html

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PRIOR PRINTER'S NO. 826 PRINTER'S NO. 3321
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 740 Session of2009
INTRODUCED BY BENNINGHOFF, BELFANTI, BRENNAN, CARROLL, CAUSER, CLYMER, CREIGHTON, CRUZ, CUTLER, GIBBONS, GOODMAN, GRELL, GRUCELA, HARHAI, HORNAMAN, KILLION, LONGIETTI, McILVAINE SMITH, MELIO, MILLER, MUNDY, MURT, MUSTIO, O'NEILL, PICKETT, REICHLEY, ROAE, ROCK, SCAVELLO, SIPTROTH, SONNEY, STERN, SWANGER, J. TAYLOR, TRUE, VULAKOVICH, WHITE, YOUNGBLOOD, FARRY, BROOKS, DENLINGER, R. TAYLOR AND MARSHALL, MARCH 5, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 10, 2010
AN ACT
Amending the act of 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; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in preparation for and conduct of primaries and <--
elections, further providing for regulations in force at
polling places; in primary and election expenses, defining
"prerecorded political message"; and further providing for
advertising.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1621 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 1220(c) of the act of June 3, 1937 <--
(P.L.1333, No.320), known as the Pennsylvania Election Code, is
amended and the section is amended by adding a subsection to
read:
Section 1220. Regulations in Force at Polling Places.--* * *
(c) No person, when within the polling place, shall
electioneer [or solicit votes for any political party, political
body or candidate], nor shall any written or printed matter be
posted up within the said room, except as required by this act.
* * *
(g) As used in this section, the word "electioneer" shall
mean to attempt to persuade or influence a qualified elector to
vote for or against, or solicit votes for or against a
candidate, political party, political body or ballot question.
The term shall also mean to wear, exhibit or distribute any
label, sign, poster, badge, sticker, button, shirt, hat, article
of clothing or other item that identifies or indicates support
for or opposition to a candidate, political party, political
body or a ballot question or any other action that identifies or
indicates support for or opposition to a candidate, political
party, political body or a ballot question.
Section 2. Section 1621 of the act is amended by adding a
subsection to read:
Section 1621. Definitions.--As used in this article, the
following words have the following meanings:
* * *
(n) The words "prerecorded political message" shall mean a
prerecorded or synthesized voice message by:
(1) A political candidate or political party.
(2) A person when the content of the message advocates the
success or defeat of any candidate, party or measure at any
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election or contains information about any candidate or party.
Section 2 3. Section 1638 of the act, added October 4, 1978 <--
(P.L.893, No.171), is amended to read:
Section 1638. Advertising.--
(a) [Whenever] Except as provided under subsection (c),
whenever any person makes an expenditure for the purpose of
financing communications expressly advocating the election or
defeat of a candidate, or ballot questions, through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, direct mailing, or any other type of general public
political advertising, such communication:
(1) If authorized by the candidate, his authorized political
committee or their agents, shall clearly and conspicuously state
that the communication has been authorized.
(2) If not authorized by a candidate, his authorized
political committee, or their agents, shall clearly and
conspicuously state the name of the person who made or financed
the expenditure for the communication, including, in the case of
a political committee the name of any affiliated or connected
organization.
(b) (1) No candidate for public office, or political
committee or party acting on his behalf, shall place any
advertisement referring to an opposing candidate for the same
office which is to be broadcast or published during the one
hundred and twenty (120) hours immediately prior to an election
or published in a weekly newspaper or periodical during the
eight (8) days immediately prior to an election, with a
television or radio broadcasting station, newspaper or
periodical, unless he has first given a copy of the material to
appear or be used in the advertisement and reasonable notice to
20090HB0740PN3321 - 3 -
the opposing candidate and the county board of elections of the
county where the advertisement is to be placed in sufficient
time for a reply advertisement to be published or broadcast at
the same approximate time or in the same issue of the
publication or on the same radio or television broadcast as the
original advertisement and prior to the election in question.
(2) The reasonable notice referred to in clause (1) shall be
given in writing by registered mail, return receipt requested,
addressee signature only, with a true copy of the material
enclosed to appear or be used in the advertisement so as to
afford the recipient sufficient time to place a reply
advertisement to be published or broadcast at the same
approximate time or in the same issue of the publication or on
the same radio or television broadcast as the original
advertisement and prior to the election in question.
(3) Any person, firm or corporation, political committee or
party or member thereof, violating any of the provisions of this
section, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be sentenced to pay a fine not exceeding one
thousand dollars ($1,000), or to undergo an imprisonment of not
less than one (1) month nor more than two (2) years, or both, in
the discretion of the court.
(c) Whenever any person makes an expenditure for the purpose
of financing communications to influence the outcome of an
election, through a prerecorded political message, such
communication:
(1) If authorized by the candidate, his authorized political
committee or their agents shall clearly and conspicuously state
the communication has been authorized.
(2) If not authorized by a candidate, his authorized
20090HB0740PN3321 - 4 -
political committee or their agents shall clearly and
conspicuously state the name of the person who made or financed
the expenditure for the communication, including, in the case of
a political committee, the name of any affiliated or connected
organization.
Section 3 4. This act shall take effect in 60 days. <--
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