PRINTER'S NO. 1405
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1262
Session of
2025
INTRODUCED BY BRIGGS, SOLOMON, MADDEN, PROBST, KHAN, HANBIDGE,
HILL-EVANS, GUENST, HOWARD AND CIRESI, APRIL 17, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 2025
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 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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:
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28 Section 1626. Reporting by Candidate and Political
Committees and other Persons.--
(a) Each treasurer of a political committee and each
candidate for election to public office shall file with the
appropriate supervisor reports of receipts and expenditures on
forms, designed by the Secretary of the Commonwealth, if the
amount received or expended or liabilities 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]
statement to that effect with the appropriate supervisor rather
than the report required by this section.
* * *
(h) All reports or statements required to be filed pursuant
to this section shall be filed pursuant to [ section 1630]
sections 1629 and 1631.1 . All reports and statements required by
this section shall cover the campaign activity of a candidate
only from the last prior report or statement.
* * *
(k) All reports or statements required to be filed with the
Secretary of the Commonwealth shall be filed electronically
using the electronic filing system developed by the Secretary of
the Commonwealth under section 1640(6) consistent with the
purposes of this subsection. A report or statement submitted
electronically must:
(1) require an electronic signature from the treasurer or
assistant treasurer at the time of the filing of the 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
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30 signed, using an electronic signature, stating that, to the best
of the candidate's knowledge, the political committee has not
violated any provision of this act; and
(2) be made subject to the penalties of 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) .
Section 2. Sections 1628 , 1629 heading, (a) and (b), 1630
and 1631(1) of the act are amended to read:
Section 1628. Late Contributions and Independent
Expenditures.--Any candidate or political committee, authorized
by a candidate and created solely for the purpose of influencing
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. Such report shall be sent by the candidate, chairman
or treasurer of the political committee within twenty-four (24)
hours of receipt of the contribution. It shall be the duty of
the supervisor to confirm the substance of such report. [ The
report shall be made by telegram, mailgram, overnight mail or
facsimile transmission. Any ] The reports filed with the
Secretary of the Commonwealth shall be filed electronically in
accordance with section 1631.1. If the 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] on 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
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30 such supervisor and reporting such late contributions or
pledges.
Section 1629. [Oath of Compliance; Perjury; ] Unsworn
Falsification; 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
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 1630. Residual Funds.--
(a) In the event that a candidate or political committee
terminates its financial activity as such, then the disbursement
of any residual funds remaining in such an account shall be made
in the following manner:
(1) any such funds may be used for any expenditure as
defined by this article; [ and]
(2) may be returned, pro rata, to the contributors by the
candidate or treasurer of the political committee[ . A final
report must be made by the next January 31 in accordance with
section 1627.]; or
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30 (3) may be donated to a nonprofit organization.
(b) A final report must be made by the next January 31 in
accordance with section 1627.
(c) For purposes of this section:
(1) "Affiliated" means serving as an officer, on the board
of directors, as a paid employee or as a contractor of a
nonprofit organization.
(2) "Family member" means a spouse or child.
(3) "Nonprofit organization" means an organization that is
qualified by the Internal Revenue Service as meeting the
requirements of 26 U.S.C. § 501(c)(3) (relating to exemption
from tax on corporations, certain trusts, etc.) organized under
the laws of this Commonwealth that is not affiliated with a
candidate or the chairman or treasurer of a political committee,
including a family member of the candidate, chairman or
treasurer.
Section 1631. Place of Filing.--
Any statement or report required by this article to be filed,
shall be done in the following manner:
(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
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
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30 reports in the county in which the candidate resides. ]
(iii) 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 reports electronically with the Secretary of the
Commonwealth.
* * *
Section 3. The act is amended by adding sections to read:
Section 1631.1. Manner of Filing.--
(a) All 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 under section 1640(6) .
(b) A report or statement filed electronically shall:
(1) be made subject to the penalties of 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities);
(2) include the electronic signature of the treasurer or
assistant treasurer of the political committee serving at the
time of the filing of the report or statement; 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
a provision of this act.
(c) (1) A candidate or political committee not able to file
electronically the report or statement required by this section
shall request an exemption from the Secretary of the
Commonwealth. The candidate or political committee upon approval
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30 of the Secretary of the Commonwealth shall file reports and
statements on forms developed by the Secretary of the
Commonwealth.
(2) In order to request an exemption for electronic
submissions or reports or statements, the candidate or political
committee must demonstrate technological hardship. As used in
this clause, the term "technological hardship" means a lack of
computer or Internet access or a disability that prevents
electronic filing.
(d) (1) A principal may authorize another person to prepare
the contents of the report or statement, including entry of data
into the electronic filing system as required under subsection
(a).
(2) Each principal authorizing another to act under clause
(1) must:
(i) review the contents of the report or statement prepared
under clause (1); and
(ii) file in the electronic filing system the approval of
the contents of the report or statement and verification of its
accuracy, in accordance with subsection (b). The approval shall
be transmitted personally by the principal and not on the
principal's behalf by any other person.
(3) No report or statement shall be considered complete or
filed until all necessary approvals and verifications shall have
been submitted by each principal required to file.
(4) As used in this subsection, "principal" shall mean any
person required to file any report or statement electronically
with the Secretary of the Commonwealth in accordance with this
section.
Section 1631.2. Inability to File Reports or Statements
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30 Electronically by Deadline.--
(a) All reports or statements filed with the Secretary of
the Commonwealth under section 1631.1 are subject to the
following:
(1) If a candidate or political committee cannot file a
report or statement on the day on which the report or statement
is due because of the unavailability of the Department of
State's electronic filing system under section 1640(6) at the
time the candidate or political committee attempts to file the
report or statement, the principal shall immediately notify the
Department of State in a manner designated by the Secretary of
the Commonwealth. If the Internet website is unavailable and the
candidate or political committee has notified the department,
the candidate or political committee shall have until 11:59
o'clock P.M. on the next day following the deadline to file the
report or statement electronically and the principal shall file
a statement affirming that the principal was unable to file the
report or statement on time because of the unavailability of the
Department of State's electronic filing system at the time the
principal attempted to file the report or statement on the day
the report or statement was due. The affirmation statement shall
be due at the same time as the statement or report filed under
this subsection. The report or statement shall not be considered
filed until the affirmation statement is filed.
(2) If a candidate or political committee is unable to file
as required under clause (1) because the Department of State's
electronic filing system remains unavailable, the principal
shall notify the Department of State each day a report or
statement cannot be filed due to the unavailability of the
Department of State's electronic filing system. The candidate or
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30 political committee shall have until 11:59 o'clock P.M. on the
next day to electronically file the report or statement or
notify the Department of State a second time of the
inaccessibility of the department's electronic filing system.
The principal shall file a statement affirming that the
principal was unable to file the report or statement on time
because of the unavailability of the Department of State's
electronic filing system. The affirmation statement shall be
due at the same time as the statement or report filed under this
subsection. The report or statement shall not be considered
filed until the affirmation statement is filed.
(b) The Department of State may provide for an alternative
method of electronic filing if the department's electronic
filing system remains unavailable.
(c) For cause shown, the Secretary of the Commonwealth may
waive late filing fees for reports or statements filed after the
deadline but which are the subject of notifications as
prescribed by this section.
(d) As used in this section, the term "unavailability of the
Department of State's electronic filing system" shall mean a
failure of the system within the Department of State's technical
environment that does not allow access to the system by an
individual. The term does not include:
(1) a network issue between the user's computer and the
Department of State's environment; or
(2) a failure of any part of the user's computer or internal
network.
Section 4. Section 1632(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 1632. Late Filing Fee; Certificate of Filing.--
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30 (a) A late filing fee for each report or statement of
expenditures and contributions required to be filed with the
county board of elections which is not filed within the
prescribed period shall be imposed as follows. Such fee shall be
ten dollars ($10) for each day or part of a day excluding
Saturdays, Sundays and holidays that a report or statement is
overdue. An additional fee of ten dollars ($10) is due for each
of the first six (6) days that a report or statement is overdue.
The maximum fee payable with respect to a single report or
statement is two hundred fifty dollars ($250). [ A supervisor]
The county board of elections shall receive an overdue report or
statement even if any late filing fee due has not been paid but
the report or statement shall not be considered filed until all
fees have been paid upon the receipt by the supervisor of an
overdue report. No further late filing fees shall be incurred
notwithstanding the fact that the report or statement is not
considered filed. The late filing fee is the personal liability
of the candidate or treasurer of a political committee and
cannot be paid from contributions to the candidate or committee,
nor may such fee be considered an expenditure. A report or
statement of expenditures and contributions shall be deemed to
have been filed within the prescribed time if the letter
transmitting the report or statement which is received by the
[supervisor] county board of elections is transmitted by first
class mail and is postmarked by the United States Postal Service
on the day prior to the final day on which the report or
statement is to be received: Provided, That this sentence shall
not be applicable to the reporting requirements contained in
section 1628.
(a.1) For reports or statements required to be
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30 electronically filed with the Secretary of the Commonwealth, the
penalty for each report or statement that is not filed within
the prescribed period shall be twenty dollars ($20) a day for
the first six (6) days the report or statement is late and one
hundred dollars ($100) a day for day seven (7) and each day
thereafter. The maximum penalty for late reports or statements
is five hundred dollars ($500) for each required filing. The
late filing fee shall be the personal responsibility of the
candidate or treasurer of a political committee and cannot be
paid from contributions to the candidate or committee nor may
the fee be considered an expenditure. The Secretary of the
Commonwealth shall receive an overdue report or statement
notwithstanding whether a late filing fee due has not been paid.
A report or statement shall not be considered filed until all
fees have been paid upon the receipt by the Secretary of the
Commonwealth of an overdue report or statement.
* * *
Section 5. Sections 1640 and 1641(a) of the act are amended
to read:
Section 1640. Additional Powers and Duties of the Secretary
of the Commonwealth.-- (a) The Secretary of the Commonwealth
shall have the following additional powers and duties:
(1) To serve as the State clearing house for information
concerning the administration of this act.
(2) To prescribe suitable rules and regulations to carry out
the provisions of this act.
(3) To develop the prescribed forms required by the
provisions of this article for the making of the reports and
statements required to be filed with the supervisor.
(4) To prepare a manual setting forth recommended uniform
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30 methods of bookkeeping and reporting which shall be furnished by
the supervisor to the person required to file such reports and
statements as required by this article.
(5) To examine the contributions to State legislative and
Statewide candidates and publish a list of all those political
committees who have contributed to candidates and who have
failed to file reports as required by this act within six (6)
days of their failure to comply.
(6) To create and maintain a searchable computer database
and electronic filing system that contains the information
necessary for the proper administration of this article,
including information on contributions and expenditures by all
candidates and all political committees and distribution of
money, and including public access through the Internet. The
database must be designed with an emergency recovery system to
ensure that campaign expense records are not lost in the case of
an emergency, natural disaster or other event that could cause
the system to malfunction.
(7) To establish a training program on the electronic filing
system and make it available to a candidate or political
committee.
(8) To ensure that all information contained in a statement
or report filed that is not on the electronic filing system be
entered into the electronic filing system as soon as practicable
but no later than four (4) business days after its receipt by
the Secretary of the Commonwealth.
(b) The Department of State shall issue to a registrant
under 25 Pa.C.S. Ch. 13 (relating to voter registration) an
electronic receipt that includes a confirmation number and the
date and time of filing.
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30 Section 1641. Reports by Business Entities; Publication by
Secretary of the Commonwealth.--
(a) Any business entity including but not limited to a
corporation, company, association, partnership or sole
proprietorship, which has been awarded non-bid contracts from
the Commonwealth or its political subdivisions during the
preceding calendar year, shall report electronically in
accordance with section 1631.1 by February 15 of each year to
the Secretary of the Commonwealth an itemized list of all
political contributions known to the business entity by virtue
of the knowledge possessed by every officer, director,
associate, partner, limited partner or individual owner that has
been made by:
(1) any officer, director, associate, partner, limited
partner, individual owner or members of their immediate family
when the contributions exceed an aggregate of one thousand
dollars ($1,000) by any individual during the preceding year; or
(2) any employe or members of his immediate family whose
political contribution exceeded one thousand dollars ($1,000)
during the preceding year.
For the purposes of this subsection, "immediate family" means a
person's spouse and any unemancipated child.
* * *
Section 6. The Secretary of the Commonwealth shall transmit
notice to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin when the
electronic filing system developed by the Secretary of the
Commonwealth is available for use.
Section 7. This act shall take effect as follows:
(1) The following provisions shall take effect
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30 immediately:
This section.
Section 6 of this act.
(2) The remainder of this act shall take effect 120 days
after publication in the Pennsylvania Bulletin of the notice
under section 6 of this act.
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