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DEPARTMENT OF STATECOMMONWEALTH OF PENNSYLVANIATomTom RYOFSECRETARYOF THECOMMONWEALTHTHE COMMONWEALTH

NOTICEElectronic Filing of CampaignFinance ReportsIn an ongoing effort to further enhance campaignfinance reporting the Department of State announced anew online filing system. Through the website,www.dos.state.pa.us filers now are able to completetheir reports online and submit them via the Internet,directly from the site. We encourage filers to try it outand sign up for this streamlined method of reporting.Filers who currently are using Pennsylvania-compliantcampaign finance reporting software may upload theirreporting information into our system.If you choose to file online, please be aware that youmust still submit by mail or in person the notarizedcover page of the report with the filer’s appropriateaffidavits and signatures. You may contact the Bureauof Elections with questions about on-line filing at717-787-5280 or RA-BCEL@state.pa.us.The Department will continue to accept reports filed bypaper, diskette or CD. The reports must be received bythe filing deadline to be timely. Reports on diskette orCD must meet the Department’s technicalspecifications and must be accompanied by theaffidavits on the report cover page.

FrequentlyAskedQuestions1

Frequently Asked Questions1)What are acceptable ways to file campaignfinance reports?There are several ways - a) on paper, using the prescribed forms; b) online via the Internet, directly fromour website, along with the submission of the properlyexecuted cover page; or c) on diskette or CD with anaccompanying properly executed cover page. Pleasenote that all information reqarding methods of filingcampaign finance reports can be obtained on our website at www.dos.state.pa.us by clicking on the CampaignFinance link.2)Where must campaign finance reports be filed?See § 1631.3)What records and information am I requiredby law to keep?See § 1622 (c).4)What is an election expenditure?See § 1621 (d).5)When do I become a candidate?See § 1621 (a).6)Must I file vouchers with each report?No, see § 1626 (c).7)May a corporation or unincorporated associationmake a contribution to a candidate or a politicalcommittee?No, see § 1633.8)Is there any limit to the amount of money which anindividual can contribute?No, however, if the amount is in excess of 100 it cannotbe in the form of currency (cash), as provided by§1634 (c).9)What type of information must be includedin a report?See § 1626 (a & b).2

10) Are campaign finance reports public recordupon filing?Yes, see § 1639(3).11) Are there any penalties for filing a late report?Yes, see § 1632.12) If a candidate makes a contribution to his/her committee in the form of a loan, is it an expenditure forthe candidate?Yes, see § 1621 (b & d).13) Must campaign finance reports and campaignfinance statements be notarized?Yes, see § 1629 (a).14) Upon receiving an anonymous contribution, whatprocedure must a candidate or political committeetreasurer follow?See § 1634 (b).3

General Review4

The information contained in this manual is intended togive the candidate and political committee treasurer anoverview of the Commonwealth’s Campaign FinanceReporting Law. The summary which follows serves to helpclarify the responsibilities of candidates and political committees.CANDIDATESAn individual who seeks public office is not required tooperate with the assistance of a committee. The ElectionCode does not prohibit a candidate from receiving contributions or making election expenditures personally without theaid of a committee. (See § 1622(b)).A candidate is not required to establish a separate account.Personal accounts may be used as campaign accounts.However, business accounts and partnership accounts maynot be used as campaign accounts.To determine where a candidate must file campaignfinance information, please refer to § 1631 of the Law.CANDIDATE’S CAMPAIGN COMMITTEEA candidate may form a campaign committee to operate onhis/her behalf. If a committee is formed, there are severalresponsibilities of which the candidate and committee treasurer should be aware:1) Appoint a Chairperson and Treasurer: In order for acommittee to operate, the committee must have a chairpersonand a treasurer who may not be the same individual. A vacancy in either of these offices prohibits the committee fromreceiving contributions or making expenditures. (See §1622).A candidate may authorize more than one campaign committee; however, the committees must operate with the sametreasurer.2) Authorization: Before the committee may receive contributions on behalf of the candidate, the committee must beauthorized in writing by the candidate. The AuthorizationForm must be filed with the appropriate supervisor before thecommittee may receive any contributions (See § 1623). Theforms are prescribed by the Secretary of the Commonwealthand are available at the State Bureau of Elections or theCounty Board of Elections. (See § 1631).5

3) Registration: A political committee must file aRegistration Statement with the appropriate supervisor within twenty days of receiving aggregate contributions of 250.Such committee may not make contributions unless it hasregistered (See § 1624).4) Where to File: To determine where a candidate’s political committee must file campaign expense information,please refer to § 1631 of the Law.POLITICAL ACTION COMMITTEES ANDPOLITICAL PARTY COMMITTEESTo form a political action committee or party committee, atreasurer and a chairman, who shall not be the same individual, must be appointed. A vacancy in either of these officesprohibits the committee from receiving contributions or making expenditures. (See § 1622).The committee must file a Registration Statement within20 days of receiving an aggregate amount of 250 in contributions. Should the committee fail to register timely, it is prohibited from making a contribution to any candidate or political committee until it has registered. (See § 1624).To determine where a political action committee or partycommittee must file campaign finance information, pleaserefer to § 1631 of the Law.REPORTING AT ELECTIONSThe information that follows is intended to clarify reporting obligations of candidates and political committees atelections occurring during the year. (For annual reporting andtermination reporting, refer to the appropriate section of thisreview.) Each election, including special elections, has itsown set of reporting dates. Specific reporting dates for a particular election may be obtained by contacting the StateBureau of Elections or the County Board of Elections.Candidates: Candidates for public office are required to filea campaign finance report or campaignfinance statement by the deadlines provided in§ 1626. A candidate must file a campaignfinance report or campaign finance statementthat is separate from and in addition to his/hercampaign committee. If the candidate has neither received nor expended any money, a campaign finance statement must be filed by the6

required deadline. To determine which form isappropriate to file for a reporting period, thecandidate should review the instructions onthe reporting forms.Candidate Committee: A candidate’s campaign committeemust file a campaign finance report or campaign finance statement at the reporting deadlines which are specified in § 1626. The committee may request the specific reporting datesfrom the State Bureau of Elections or theCounty Board of Elections. To determine theappropriate form for reporting, the committeetreasurer should review the instructions on thereporting forms.Political Action Committees: A political action committeemust file reports by deadlines that are specified in § 1626 (j) of the Law. The committeeis responsible for requesting reporting formsfrom the State Bureau of Elections or theCounty Board of Elections.Political Party Committees: A political party committeemust file reports at any election in which itexpends money to influence an election, asoutlined in § 1626 of the Law. The committeeis responsible for downloading or requestingthe appropriate reporting forms from the StateBureau of Elections or the County Board ofElections.ANNUAL REPORTINGAll candidates and political committees, as provided in§ 1627 of the Law, that have not filed termination reports arerequired to file an annual report. Annual reports must reflectfinancial activity from the closing of books of the last reportfiled through December 31.TERMINATION REPORTSA candidate or political committee may file a terminationreport when there is a zero balance and no unpaid debts orobligations. In addition, candidates cannot terminate untilafter the election in which they are involved.7

CampaignFinanceReportingLaw8

Section 1621 (25 P.S. § 3241)*. Definitions.*Section 1621 refers to the Pennsylvania Election Code, whichmay be found at 25 P.S. § 3241.As used in this article, the following words have thefollowing meanings:(a) The word “candidate” shall mean any individual whoseeks nomination or election to public office, other than ajudge of elections or inspector of elections, whether or notsuch individual is nominated or elected. For the purpose ofthis article, an individual shall be deemed to be seeking nomination or election to such office if he has:(1) Received a contribution or made an expenditure orhas given his consent for any other person or committee to receive a contribution or make anexpenditure, for the purpose of influencing hisnomination or election to such office, whether ornot the individual has made known the specificoffice for which he or she will seek nomination orelection at the time the contribution is received orthe expenditure is made; or(2) Taken the action necessary under the laws of theCommonwealth to qualify himself for nominationor election to such office.(b) The word “contribution” shall mean any payment,gift, subscription, assessment, contract, payment for services,dues, loan, forbearance, advance or deposit of money or anyvaluable thing, to a candidate or political committee made forthe purpose of influencing any election in thisCommonwealth or for paying debts incurred by or for a candidate or committee before or after any election.“Contribution” shall also include the purchase of tickets forevents such as dinners, luncheons, rallies and all other fundraising events; the granting of discounts or rebates not available to the general public; or the granting of discounts orrebates by television and radio stations and newspapers notextended on an equal basis to all candidates for the sameoffice; and any payments provided for the benefit of any candidate, including any payments for the services of any personserving as an agent of a candidate or committee by a personother than the candidate or committee or a person whoseexpenditures the candidate or committee must report underthis act. The word “contribution” includes any receipt or useof anything of value received by a political committee fromanother political committee and also includes any return oninvestments by a political committee.10

(c) The word “election” shall mean any retention, primary, special, municipal or general election at which candidatesappear on the ballot for nomination or election or at whichquestions are to be voted on by the electors of thisCommonwealth.(d) The word “expenditure” shall mean:(1) The payment, distribution, loan or advancement ofmoney or any valuable thing by a candidate,political committee or other person for thepurpose of influencing the outcome of an election;(2) The payment, distribution, loan, advance ortransfer of money or other valuable thing betweenor among political committees;(3) The providing of a service or other valuable thingfor the purpose of influencing the outcome of anomination or election of any person to anypublic office to be voted for in thisCommonwealth; or(4) The payment or providing of money or other valuable thing by any person other than a candidate orpolitical committee, to compensate any person forservices rendered to a candidate or politicalcommittee.(e) The words “independent expenditure” shall mean anexpenditure by a person made for the purpose of influencingan election without cooperation or consultation with any candidate or any political committee authorized by that candidate and which is not made in concert with or at the requestor suggestion of any candidate or political committee oragent thereof.(f) The word “lobbyist” shall mean any person who isregistered pursuant to the provisions of the act of September30, 1961 (P.L.1778, No.712), known as the “LobbyingRegistration and Regulation Act.”(g) The word “pledge” shall mean any written contract,promise or agreement to contribute personally money or anything of value.(h) The words “political committee” shall mean any committee, club, association or other group of persons whichreceives contributions or makes expenditures.(i) The words “prosecutorial officer” shall mean theAttorney General of this Commonwealth or the district attorneys of the respective counties.11

(j) The word “supervisor” shall mean the Secretary of theCommonwealth or the respective county boards of elections.(k) The words “valuable thing” shall mean all securities,goods, facilities, equipment, supplies, personnel, advertising,services, membership lists commonly offered or used commercially or other in-kind contributions provided withoutcompensation, or at compensation which is below the usualand normal compensation for the items. The dollar value of acontribution of a valuable thing is the difference between theusual and normal charge for goods or services at the time ofthe contribution and the amount charged the candidate orpolitical committee.Any of the categories hereinafter excluded from the definition of “valuable thing” shall not be deemed a contributionor expenditure for purposes of reporting or recordkeeping.The words “valuable thing” shall not include such de minimus items as the following:(1) Voluntary personal services provided byindividuals who volunteer a portion or all oftheir time on behalf of a candidate or politicalcommittee.(2) The operation of a motor vehicle owned or leasedby a candidate or a member of his immediatefamily or for consumption of food or beveragesby a candidate or his immediate family.(3) The use of real or personal property, including acommunity room or a church used on a regularbasis by members of a community fornon-commercial purposes, and the cost ofinvitations, food and beverages voluntarilyprovided by an individual to any candidate inrendering voluntary personal services on theindividual’s residential premises or in the churchor community room for candidate relatedactivities, to the extent that the cumulative valueof such invitations, food and beverages providedby such individual on behalf of any singlecandidate does not exceed two hundred fiftydollars ( 250), with respect to any single election.(4) The sale of any food or beverage by a vendorother than a corporation or unincorporatedassociation for use in any candidate’s campaign ata charge less than the normal comparablecharge, if such charge is at least equal to the costof such food or beverage to the vendor to theextent that the cumulative value of such reduced12

charge by such vendor on behalf of any singlecandidate does not exceed two hundred fiftydollars ( 250) with respect to any single election.(5) Any unreimbursed payment for travel expensesmade by any individual on behalf of anycandidate to the extent that the cumulative value ofsuch travel activity by such individual on behalf ofany single candidate does not exceed two hundredfifty dollars ( 250) with respect to any singleelection.(6) The use of the personal residence or the businessor office space of the candidate other than acorporation or unincorporated association and theuse of personal property owned or leased by thecandidate: Provided, however, that the cumulativevalue of the use of such personal property doesnot exceed one thousand dollars ( 1,000) withrespect to any single election.(7) The use of the personal residence or the businessor office space of any volunteer, other than acorporation or unincorporated association, and theuse of personal property owned or leased by avolunteer: Provided, however, that the cumulativevalue of the use of such personal property doesnot exceed two hundred fifty dollars ( 250) withrespect to any single election. Nothing in thissection shall be construed to permit any matterprohibited in sections 1633 and 1843.(l) The words “Political Action Committee” shall meanany political committee as defined in subsection (h) whichreceives contributions and makes expenditures to, or onbehalf of, any candidate other than a candidate’s own authorized political committees or the political committees of anyState, county, city, borough, township, ward or other regularly constituted party committee of any political party or political body.(m) The words “Candidate’s Political Committee” shallmean any political committee formed on behalf of a specifiedcandidate and authorized by said candidate.Section 1622 (25 P.S. § 3242)Organization of Political Committees; Treasurerand Assistant Treasurer; Records of Candidateand Committees.(a) Every political committee shall have a treasurer and achairman. No contribution shall be received nor shall anyexpenditure be made when there is a vacancy in either one of13

these offices. All money received and disbursed by a politicalcommittee must be done through the treasurer of the committee.(b) Every candidate who authorizes a committee or committees, to receive and disburse funds on behalf of this candidacy, shall name a sole treasurer, irrespective of the numberof committees so authorized, to receive and disburse all fundsfor said committees. Nothing herein shall be construed toprohibit a candidate from receiving or expending moneys onhis behalf or a treasurer of a political party committee or acommittee authorized to receive and distribute funds onbehalf of more than one (1) candidate from receiving orexpending moneys on behalf of said candidates, notwithstanding the appointment of a sole treasurer. A sole treasurermay delegate authority, in writing, to any number of assistanttreasurers to receive and disburse moneys collected on behalfof a candidate for election. Nothing in this section shall prohibit authorized individuals from selling tickets or solicitingfunds when funds are deposited in the campaign account ofthe candidate.(c) Each candidate and committee shall keep records ofthe names and addresses of each person from whom a contribution of over ten dollars ( 10) has been received and arecord of all other information required to be reported pursuant to this act. All such records shall be retained by the candidate or treasurer for a period of three (3) years after suchinformation is reported as required by this act.(d) Any person receiving any contribution on behalf of apolitical committee or candidate shall turn such contributionsover to the treasurer of that committee or the candidate within ten (10) days of its receipt.Section 1623 (25 P.S. § 3243).Authorization of Political Committee.No treasurer of any political committee shall receive anymoney on behalf of a candidate until such political committee shall have been so authorized in writing by the candidateon a form designed by the Secretary of the Commonwealth.A copy of such written authorization shall be filed with theappropriate supervisor; however, the treasurer of any state,county, city, borough, township, ward or other regularly constituted party committee of any political party or politicalbody is hereby authorized to receive money on behalf of thecandidates of such political party or political body in a general, municipal or special election, without special writtenauthorization from such candidate.14

Section 1624 (25 P.S. § 3244).Registration.(a) Any political committee which receives contributionsin an aggregate amount of two hundred fifty dollars ( 250) ormore shall file a registration statement, designed by theSecretary of the Commonwealth, with the appropriate supervisor within twenty (20) days after the date on which itreceives such amount. Each committee in existence shallhave sixty (60) days from the effective date of this amendatory act to comply with the requirements of this section.(b) Each registration statement shall contain the following information:(1) The name, address and phone number of thepolitical committee.(2) The name, address and phone number of the committee’s treasurer.(3) The name, address and phone number of the committee’s chairman.(4) The names, addresses and relationships of otheraffiliated or connected organizations.(5) The candidates, if any, and their names andaddresses.(6) The ballot question, if any, which the committeeintends to support or oppose.(7) The banks, safety deposit boxes or other repositories and their addresses used by the committee.(8) The proposed period of operation of the committee.(c) The committee shall inform the appropriate supervisor of any changes in the information contained in subsection(b) within thirty (30) days of that change.(d) No political committee which receives an aggregateamount of contributions of two hundred fifty dollars ( 250)or more may make a contribution to any candidate or political committee, unless it has registered with the appropriatesupervisor.Section 1625 (25 P.S. § 3245).Statements by Lobbyists.(a) Any lobbyist who has given a contribution or pledgeregardless of amount, to any candidate, shall be subject to thesame registration and reporting provisions as are politicalcommittees.15

(b) The registration statement required by section 1624shall be filed by a lobbyist who has given a contribution orpledge, regardless of amount, to any candidate.Section 1626 (25 P.S. § 3246).Reporting by Candidate andCommittees and other Persons.Political(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 onforms, designed by the Secretary of the Commonwealth, ifthe amount received or expended or liabilities incurred shallexceed the sum of two hundred fifty dollars ( 250). Shouldsuch an amount not exceed two hundred fifty dollars ( 250),then the candidate or the treasurer of the committee shall filea sworn statement to that effect with the appropriate supervisor rather than the report required by this section.(b) Each report shall include the following information:(1) The full name, mailing address, occupation andname of employer, if any, or the principal place ofbusiness, if self-employed, of each person whohas made one or more contributions to or for suchcommittee or candidate within the reportingperiod in an aggregate amount or value in excessof two hundred fifty dollars ( 250), together withthe amount and date of such contributions. Theaccuracy of the information furnished to thecandidate or committee shall be the responsibilityof the contributor.(2) The full name and mailing address of each personwho has made one or more contributions to or forsuch committee or candidate within the reportingperiod in an aggregate amount or value in excessof fifty dollars ( 50), together with the amountand date of such contributions. The accuracy ofthe information furnished by the contributor shallbe the responsibility of the contributor.(3) The total sum of individual contributions made toor for such committee or candidate during thereporting period and not reported under clauses(1) and (2).(4) Each and every expenditure, the date made, thefull name and address of the person to whommade and the purpose for which such expenditurewas made.16

(5) Any unpaid debts and liabilities, with the natureand amount of each, the date incurred and the fullname and address of the person owed.(6) The account shall include any unexpendedbalance of contributions or other receiptsappearing from the last account filed.(c) Vouchers or copies of vouchers for all sums expendedamounting to more than twenty-five dollars ( 25) shall beretained by the candidate or the committee treasurer and shallbe available for public inspection and copying as herein provided. Any person may inspect or copy such vouchers orcopies thereof by filing a written request with the appropriatesupervisory office which shall notify the candidate or political committee of such request. The candidate or politicalcommittee shall have the option of either forwarding suchvouchers or copy of the same to the supervisor for such purpose or making the vouchers or copy of the same available tothe requesting person. If a candidate or a treasurer of a political committee shall fail to make said vouchers or copiesthereof available for inspection and copying when requestedby the appropriate supervisory officer, such officer shalldirect the candidate or political committee to promptly deliver the vouchers or copies thereof to the supervisory office forpurposes of inspection and copying. Costs of copying andcosts of delivery by the candidate or treasurer of the requested vouchers or copies thereof shall be borne by the personrequesting same.(d) Pre-election reports by candidates for offices to bevoted for by the electors of the State at large and all politicalcommittees, which have expended money for the purpose ofinfluencing the election of such candidate, shall be filed notlater than the sixth Tuesday before and the second Fridaybefore an election, provided that the initial pre-election reportshall be complete as of fifty (50) days prior to the electionand the subsequent pre-election report shall be complete as offifteen (15) days prior to the election. Pre-election reports byall other candidates and political committees which havereceived contributions or made expenditures for the purposeof influencing an election shall be filed not later than the second Friday before an election, provided that such report becomplete as of fifteen (15) days prior to the election.(e) All candidates or political committees, required to fileunder this section, shall also file a post-election report notlater than thirty (30) days after an election which shall becomplete as of twenty (20) days after the election. In the caseof a special election, the post-election report shall be complete as of ten (10) days after such special election.17

(f) Each report shall also contain a summary, on a separate page, of the information required by subsection (b).(g) Every person, other than a political committee or candidate, who makes independent expenditures expressly advocating the election or defeat of a clearly identified candidate,or question appearing on the ballot, other than by contribution to a political committee or candidate, in an aggregateamount in excess of one hundred dollars ( 100) during a calendar year, shall file with the appropriate supervisor, on aform prepared by the Secretary of the Commonwealth, areport which shall include the same information required of acandidate or political committee receiving such a contribution and, additionally, the name of the candidate or questionsupported or opposed. Reports required by this subsectionshall be filed on dates on which reports by political committees making expenditures are required to report under thissection.(h) All reports required to be filed pursuant to this sectionshall be filed pursuant to section 1630. All reports and statements required by this section shall cover the campaign activity of a candidate only from the last prior report or statement.(i) An expenditure from a candidate’s political committeeto another political committee shall be reported as a contribution by the political committee receiving the contribution,but need not be reported by the contributing candidate’s political committee until the time required by law for that candidate’s political committee to report: Provided, however, thatif the amount of the contribution exceeds two hundred fiftydollars ( 250) to a single political committee or one thousanddollars ( 1,000) in aggregate contributions to more than onepolitical committee for any primary, general or special election, then receipts and expenditures shall be reported by thecontributing committee at the same time as required by lawfor the committee receiving same.(j) All “Political Action Committees” shall report to theSecretary of the Commonwealth all expenditures to or madeon behalf of, any State-wide candidate, candidate for thePennsylvania House of Representatives, or candidate for theState Senate, in the same manner as indicated in this sectionas a candidate’s political committee. This provision shall bein addition to any other filing and reporting provisions of thisact which apply to such committees, their treasurers andchairmen.Section 1626.1 (25 P.S. § 3246.1).Waiver of Reporting by Local Candidates UponFiling of Additional Affidavits.18

(a) In lieu of filing the reports or statements required bysections 1626 and 1627, a candidate for local office (whichshall include county, township, city, school district, magisterial district, town and borough offices), who does not form apolitical committee, shall file an additional affidavit on theform required in section 910 or 951 attesting to the following:(1) that the candidate for local office does not intendto receive contributions or make expenditures inexcess of two hundred fifty dollars ( 250) duringany reporting period;(2) that the candidate for local office will keeprecords of contributions and expenditures, asrequired by this act;(3) that the candidate for local office will file reportsin accord with sections 1626 and 1627 for anyreporting period during which he receivescontributions or makes expenditures in excess oftwo hundred fifty dollars (

(b) The word “ contribution ” shall mean any payment, gift, subscription, assessment, contract, payment for services, dues, loan, forbearance, advance or deposit of money or any valuable thing, to a candidate or political committee

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