PRINTER'S NO. 538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 542
Session of
2025
INTRODUCED BY WEBSTER, HILL-EVANS, GIRAL, PIELLI, PROBST,
SANCHEZ, STEELE AND DAVIDSON, FEBRUARY 10, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2025
AN ACT
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 the Secretary of the Commonwealth, further
12 providing for powers and duties of the Secretary of the
13 Commonwealth; in primary and election expenses, further
14 providing for definitions, for organization of political
15 committees, treasurer and assistant treasurer and records of
16 candidate and committees, for registration and for reporting
17 by candidate and political committees and other persons,
18 providing for limitations on certain contributions, further
19 providing for residual funds, for late filing fee and
20 certificate of filing, for contributions or expenditures by
21 national banks, corporations or unincorporated associations,
22 for advertising and for reports by business entities and
23 publication by Secretary of the Commonwealth and providing
24 for independent expenditures and for independent expenditure
25 evaluation; and providing for corporate political
26 accountability.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. The General Assembly finds and declares that:
30 (1) The Commonwealth has a compelling governmental
1 interest to protect the integrity of the government from
2 actual corruption or the appearance of corruption.
3 (2) When people, associations or other entities,
4 including foreign corporations and foreign-influenced
5 corporations, provide unlimited monetary support for elected
6 government officials or candidates who are seeking
7 governmental offices, there arises the appearance of
8 corruption.
9 (3) The appearance of corruption and actual corruption
10 can be prevented by requiring transparency and regulating the
11 contributions that can be made to elected government
12 officials and candidates who are seeking governmental
13 offices.
14 Section 2. Section 201 of the act of June 3, 1937 (P.L.1333,
15 No.320), known as the Pennsylvania Election Code, is amended by
16 adding a subsection to read:
17 Section 201. Powers and Duties of the Secretary of the
18 Commonwealth.--The Secretary of the Commonwealth shall exercise
19 in the manner provided by this act all powers granted to him by
20 this act, and shall perform all the duties imposed upon him by
21 this act, which shall include the following:
22 * * *
23 (i) To biennially adjust the limitations on contributions
24 under section 1627.1(s).
25 Section 3. Section 1621(d), (e) and (f) of the act are
26 amended and the section is amended by adding subsections to
27 read:
28 Section 1621. Definitions.--As used in this article, the
29 following words have the following meanings:
30 * * *
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1 (d) The word "expenditure" shall mean any of the following:
2 (1) The payment, distribution, loan or advancement of money
3 or any valuable thing by a candidate, candidate committee,
4 political committee, political action committee, political party
5 committee or other person for the purpose of influencing the
6 outcome of a nomination or an election[;]: provided, however,
7 that the payment, distribution, loan or advancement of money or
8 any valuable thing shall be made only for expenses directly and
9 exclusively incurred for the campaign in which the candidate is
10 running in the contemporaneous election cycle and that no
11 expenditure of funds from campaign accounts shall be used for
12 any personal purpose.
13 (2) The payment, distribution, loan, advance or transfer of
14 money or other valuable thing between or among political
15 committees[;].
16 (3) The providing of a service or other valuable thing for
17 the purpose of influencing the outcome of a nomination or
18 election of any person to any public office to be voted for in
19 this Commonwealth[; or].
20 (4) The payment or providing of money or other valuable
21 thing by any person other than a candidate or political
22 committee, to compensate any person for services rendered to a
23 candidate or political committee.
24 (e) The words "independent expenditure" shall mean an
25 expenditure by a person, other than a political committee or
26 candidate, expressly advocating the election or defeat of a
27 clearly identified candidate for nomination or election or
28 promoting the success or defeat of a clearly identified ballot
29 question appearing on the ballot in each election district in
30 this Commonwealth, made for the purpose of influencing an
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1 election without cooperation or consultation with any candidate
2 or any political committee authorized by that candidate and
3 which is not made in concert with or at the request or
4 suggestion of any candidate or political committee or agent
5 thereof.
6 (f) The word "lobbyist" shall mean any person who is
7 registered pursuant to the provisions of [the act of September
8 30, 1961 (P.L.1778, No.712), known as the "Lobbying Registration
9 and Regulation Act."] 65 Pa.C.S. Ch. 13A (relating to lobbying
10 disclosure).
11 * * *
12 (n) The word "affiliate" shall include:
13 (1) Any committee established or authorized by a candidate
14 as part of his or her campaign for a specific campaign for a
15 designated office.
16 (2) Any committee established, financed, maintained or
17 controlled by the same corporation, labor organization,
18 membership association, not-for-profit organization or trade or
19 professional association, person or group of persons, including
20 any parent, subsidiary, branch, division, department or local
21 unit of an entity under this paragraph. Local units may include,
22 in appropriate cases, a franchisee, licensee or regional
23 association.
24 (o) The words "chief executive officer" shall mean the
25 highest ranking officer or decision-making individual with
26 authority over a corporation's affairs.
27 (p) The words "clearly identified" shall mean:
28 (1) with respect to a candidate, the name of the candidate
29 appears;
30 (2) with respect to a candidate, a photograph, drawing or
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1 other image of the candidate appears; or
2 (3) with respect to a candidate or ballot question, the
3 identity of the candidate or ballot question is apparent by
4 unambiguous reference.
5 (q) The words "electioneering communication" shall mean a
6 broadcast, cable, mail, satellite, the Internet, social media or
7 print communication by a person, other than a political
8 committee or candidate, that refers to a clearly identified
9 candidate or clearly identified ballot question appearing on the
10 ballot in each election district in this Commonwealth and is
11 publicly distributed within ninety (90) days before an election
12 in which the candidate is seeking election or reelection or the
13 ballot question appears on the ballot. The term does not include
14 any of the following communications:
15 (1) A communication that is disseminated through a means
16 other than a broadcast station, radio station, cable television
17 system, telecommunications, Internet or satellite system,
18 newspaper, magazine, periodical, billboard advertisement or
19 mail.
20 (2) A communication to less than one hundred (100)
21 recipients.
22 (3) A news story, commentary, letter to the editor, news
23 release, column, op-ed or editorial broadcast by a television
24 station, radio station, cable television system or satellite
25 system or printed in a newspaper, magazine or other periodical
26 in general circulation.
27 (4) Expenditures or independent expenditures or
28 contributions that must otherwise be reported under this
29 article.
30 (5) A communication from a membership organization
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1 exclusively to its members and their families, otherwise known
2 as a membership communication.
3 (6) Bona fide candidate debates or forums and advertising or
4 promotion of the same.
5 (r) The words "electioneering communication expenditure"
6 shall mean any expenditure made by a person, other than a
7 political committee or a candidate, as payment for an
8 electioneering communication.
9 (s) The words "foreign-influenced corporation" shall mean a
10 corporation for which:
11 (1) a foreign owner holds, owns, controls or otherwise has
12 directly or indirectly acquired beneficial ownership of equity
13 or voting shares in an amount that is equal to or greater than
14 five (5) per cent of the total equity or outstanding voting
15 shares; or
16 (2) foreign owners hold, own, control or have directly or
17 indirectly acquired beneficial ownership of equity or voting
18 shares in an amount that is equal to or greater than twenty (20)
19 per cent of the total equity or outstanding voting shares.
20 (t) The words "foreign national" shall mean:
21 (1) a foreign principal; or
22 (2) an individual who is not a citizen of the United States
23 or a national of the United States and who is not lawfully
24 admitted for permanent residence.
25 (u) The words "foreign owner" shall mean a foreign national
26 or a corporation wherein a foreign national holds, owns,
27 controls or otherwise has directly or indirectly acquired
28 beneficial ownership of equity or voting shares in an amount
29 that is equal to or greater than fifty (50) per cent of the
30 total equity or outstanding voting shares.
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1 (v) The words "foreign principal" shall mean:
2 (1) a government of a foreign country;
3 (2) a foreign political party; or
4 (3) a partnership, association, corporation, organization or
5 other combination of persons organized under the laws of or
6 having its principal place of business in a foreign country.
7 (w) The words "independent expenditure political action
8 committee" shall mean a political action committee that only
9 receives contributions to make independent expenditures.
10 (x) The words "in-kind contribution" shall mean a
11 contribution of goods, services, property or any valuable thing
12 offered free or at less than the fair market value for the
13 goods, property or services. The words shall not include any
14 legal or accounting services rendered to or on behalf of any
15 political committee of a political party, an authorized
16 committee of a candidate or any other political committee, if
17 the services are solely for the purpose of ensuring compliance
18 with this article. The legal or accounting services shall be
19 reported under section 1626.
20 (y) The words "personal purpose" shall mean a purpose that,
21 by its nature, confers a personal benefit, including
22 expenditures such as a home mortgage, home rent, utility
23 payment, clothing purchase, noncampaign automobile expense,
24 country club membership, vacation or a trip of a noncampaign
25 nature, household food items, tuition payments, admission to a
26 sporting event, concert, theater or other form of entertainment
27 and other expenditures not specifically and directly necessary
28 for the conduct of the campaign.
29 (z) The word "person" shall include any corporation,
30 partnership, limited liability company, business trust, other
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1 association, government entity, other than the Commonwealth,
2 estate, trust, foundation or natural person.
3 Section 4. Sections 1622(b) and 1624(b) of the act are
4 amended to read:
5 Section 1622. Organization of Political Committees;
6 Treasurer and Assistant Treasurer; Records of Candidate and
7 Committees.--
8 * * *
9 (b) Every candidate who authorizes a committee [or
10 committees], to receive and disburse funds on behalf of this
11 candidacy, shall name a sole treasurer[, irrespective of the
12 number of committees so authorized,] to receive and disburse all
13 funds [for] of said [committees. Nothing herein shall be
14 construed to prohibit a candidate from receiving or expending
15 moneys on his behalf or a treasurer of a political party
16 committee or a committee authorized to receive and distribute
17 funds on behalf of more than one (1) candidate from receiving or
18 expending moneys on behalf of said candidates, notwithstanding
19 the appointment of a sole treasurer. A sole treasurer may
20 delegate authority, in writing, to any number of assistant
21 treasurers to receive and disburse moneys collected on behalf of
22 a candidate for election. Nothing in this section shall prohibit
23 authorized individuals from selling tickets or soliciting funds
24 when funds are deposited in the campaign account of the
25 candidate.] committee.
26 * * *
27 Section 1624. Registration.--
28 * * *
29 (b) Each registration statement shall contain the following
30 information:
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1 (1) The name, addresses and phone numbers of the political
2 committee.
3 (2) The name, address and phone number of the committee's
4 treasurer.
5 (3) The name, address and phone number of the committee's
6 chairman.
7 (4) The names, addresses and relationships of other
8 affiliated or connected organizations.
9 (5) The candidates, if any, and their names and addresses.
10 (6) The ballot question, if any, which the committee intends
11 to support or oppose.
12 (7) The banks, safety deposit boxes or other repositories
13 and their addresses used by the committee.
14 (8) The proposed period of operation of the committee.
15 (9) A political committee which is established, financed,
16 maintained or controlled by a sponsoring organization such as a
17 corporation, labor organization, membership association, not-
18 for-profit organization or trade or professional association
19 shall include in its registered name the full name of its
20 sponsoring organization.
21 * * *
22 Section 5. Section 1626(a), (b), (c), (d) and (g) of the act
23 are amended and the section is amended by adding subsections to
24 read:
25 Section 1626. Reporting by Candidate and Political
26 Committees and other Persons.--
27 (a) Each treasurer of a political committee and each
28 candidate for election to public office shall file with the
29 appropriate supervisor reports of receipts and expenditures on
30 forms, designed by the Secretary of the Commonwealth, if the
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1 amount received or expended or liabilities incurred shall exceed
2 the sum of two hundred fifty dollars ($250). Should such an
3 amount not exceed two hundred fifty dollars ($250), then the
4 candidate or, in the case of a political committee, the
5 treasurer of the committee shall file a sworn statement to that
6 effect with the appropriate supervisor rather than the report
7 required by this section[.]: provided, however, that if the
8 amount received or expended by a candidate does not exceed two
9 hundred fifty dollars ($250) he or she may comply with this
10 section by signing an affidavit to that effect on his or her
11 political committee's report or statement.
12 (b) Each report shall include the following information:
13 (1) The full name, mailing address, specific occupation and
14 specific name of the employer, if any, or the principal place of
15 business, if self-employed, of each person who has made one or
16 more contributions to or for such committee or candidate within
17 the reporting period in an aggregate amount or value in excess
18 of [two hundred fifty dollars ($250)] one hundred dollars
19 ($100), together with the amount and date of such contributions.
20 The accuracy of the information furnished to the candidate or
21 committee shall be the responsibility of the contributor.
22 (2) The full name and mailing address of each person [who]
23 and political committee that has made one or more contributions
24 to or for such committee or candidate within the reporting
25 period in an aggregate amount or value in excess of fifty
26 dollars ($50), together with the amount and date of such