HB 1262 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, 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.

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
 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 reporting by candidate and political committees
13      and other persons, for late contributions and independent
14      expenditures, for oath of compliance, perjury,
15      disqualification from office and commercial use, for residual
16      funds and for place of filing, providing for manner of filing
17      and for inability to file reports or statements
18      electronically by deadline and further providing for late
19      filing fee and certificate of filing, for additional powers
20      and duties of the Secretary of the Commonwealth and for
21      reports by business entities and publication by Secretary of
22      the Commonwealth.
23      The General Assembly of the Commonwealth of Pennsylvania
24   hereby enacts as follows:
25      Section 1.    Section 1626(a) and (h) of the act of June 3,
26   1937 (P.L.1333, No.320), known as the Pennsylvania Election
27   Code, are amended and the section is amended by adding a
28   subsection to read:
 1      Section 1626.   Reporting by Candidate and Political
 2   Committees and other Persons.--
 3      (a)   Each treasurer of a political committee and each
 4   candidate for election to public office shall file with the
 5   appropriate supervisor reports of receipts and expenditures on
 6   forms, designed by the Secretary of the Commonwealth, if the
 7   amount received or expended or liabilities incurred shall exceed
 8   the sum of two hundred fifty dollars ($250). Should such an
 9   amount not exceed two hundred fifty dollars ($250), then the
10   candidate or the treasurer of the committee shall file a [sworn]
11   statement to that effect with the appropriate supervisor rather
12   than the report required by this section.
13      * * *
14      (h)   All reports or statements required to be filed pursuant
15   to this section shall be filed pursuant to [section 1630]
16   sections 1629 and 1631.1. All reports and statements required by
17   this section shall cover the campaign activity of a candidate
18   only from the last prior report or statement.
19      * * *
20      (k)   All reports or statements required to be filed with the
21   Secretary of the Commonwealth shall be filed electronically
22   using the electronic filing system developed by the Secretary of
23   the Commonwealth under section 1640(6) consistent with the
24   purposes of this subsection. A report or statement submitted
25   electronically must:
26      (1)   require an electronic signature from the treasurer or
27   assistant treasurer at the time of the filing of the report or
28   statement. In addition, a report filed by a political committee,
29   authorized by a candidate and created solely for the purpose of
30   influencing an election on behalf of that candidate must be

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 1   signed, using an electronic signature, stating that, to the best
 2   of the candidate's knowledge, the political committee has not
 3   violated any provision of this act; and
 4      (2)   be made subject to the penalties of 18 Pa.C.S. § 4904
 5   (relating to unsworn falsification to authorities).
 6      Section 2.   Sections 1628, 1629 heading, (a) and (b), 1630
 7   and 1631(1) of the act are amended to read:
 8      Section 1628.   Late Contributions and Independent
 9   Expenditures.--Any candidate or political committee, authorized
10   by a candidate and created solely for the purpose of influencing
11   an election on behalf of that candidate, which receives any
12   contribution or pledge of five hundred dollars ($500) or more,
13   and any person making an independent expenditure, as defined by
14   this act, of five hundred dollars ($500) or more after the final
15   pre-election report has been deemed completed shall report such
16   contribution, pledge or expenditure to the appropriate
17   supervisor. Such report shall be sent by the candidate, chairman
18   or treasurer of the political committee within twenty-four (24)
19   hours of receipt of the contribution. It shall be the duty of
20   the supervisor to confirm the substance of such report. [The
21   report shall be made by telegram, mailgram, overnight mail or
22   facsimile transmission. Any] The reports filed with the
23   Secretary of the Commonwealth shall be filed electronically in
24   accordance with section 1631.1. If the candidate or political
25   committee is not required to file electronically, the report
26   shall be filed by facsimile, electronic mail or overnight mail
27   courier service. Except for reports required to be filed
28   electronically, a candidate [in] on his own behalf, or chairman,
29   treasurer or candidate [in] on behalf of the political committee
30   may also comply with this section by appearing personally before

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 1   such supervisor and reporting such late contributions or
 2   pledges.
 3      Section 1629.     [Oath of Compliance; Perjury;] Unsworn
 4   Falsification; Disqualification from Office; Commercial Use.--
 5      [(a)     Each report shall be subscribed and sworn to by the
 6   individual submitting the report. In addition, any report filed
 7   by a political committee, authorized by a candidate and created
 8   solely for the purpose of influencing an election on behalf of
 9   that candidate, must be accompanied by an affidavit from that
10   candidate which provides that, to the best of the candidate's
11   knowledge, the political committee has not violated any
12   provision of this act.]
13      (b)     Any wilfully false, fraudulent or misleading statement
14   or entry made by any candidate or treasurer in any statement or
15   report [under oath] as required by this article, shall
16   constitute the crime of [perjury] unsworn falsification to
17   authorities, and be punishable as such according to the laws of
18   this Commonwealth.
19      * * *
20      Section 1630.     Residual Funds.--
21      (a)     In the event that a candidate or political committee
22   terminates its financial activity as such, then the disbursement
23   of any residual funds remaining in such an account shall be made
24   in the following manner:
25      (1)     any such funds may be used for any expenditure as
26   defined by this article; [and]
27      (2)     may be returned, pro rata, to the contributors by the
28   candidate or treasurer of the political committee[. A final
29   report must be made by the next January 31 in accordance with
30   section 1627.]; or

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 1      (3)   may be donated to a nonprofit organization.
 2      (b)   A final report must be made by the next January 31 in
 3   accordance with section 1627.
 4      (c)   For purposes of this section:
 5      (1)   "Affiliated" means serving as an officer, on the board
 6   of directors, as a paid employee or as a contractor of a
 7   nonprofit organization.
 8      (2)   "Family member" means a spouse or child.
 9      (3)   "Nonprofit organization" means an organization that is
10   qualified by the Internal Revenue Service as meeting the
11   requirements of 26 U.S.C. § 501(c)(3) (relating to exemption
12   from tax on corporations, certain trusts, etc.) organized under
13   the laws of this Commonwealth that is not affiliated with a
14   candidate or the chairman or treasurer of a political committee,
15   including a family member of the candidate, chairman or
16   treasurer.
17      Section 1631.    Place of Filing.--
18      Any statement or report required by this article to be filed,
19   shall be done in the following manner:
20      (1)   (i)   Any candidate, individual, or committee required to
21   file a report concerning any candidate shall file that statement
22   or report in the office of the supervisor with whom the
23   candidate filed a nomination paper, nomination certificate,
24   nomination petitions or with the supervisor with whom the
25   candidate would have filed such if he had sought nomination in
26   that manner.
27      [(ii)     All candidates and political committees, authorized by
28   candidates and created solely for the purpose of influencing the
29   election of such candidates, who must file reports with the
30   Secretary of the Commonwealth, shall also file copies of their

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 1   reports in the county in which the candidate resides.]
 2      (iii)   All candidates and political committees, authorized by
 3   candidates and created solely for the purpose of influencing the
 4   election of such candidates, who must file reports with the
 5   Secretary of the Commonwealth as required by this subsection,
 6   must only file reports electronically with the Secretary of the
 7   Commonwealth.
 8      * * *
 9      Section 3.    The act is amended by adding sections to read:
10      Section 1631.1.    Manner of Filing.--
11      (a)   All reports and statements required to be filed with the
12   Secretary of the Commonwealth pursuant to sections 1626, 1627,
13   1628 and 1641 shall be filed with the Secretary of the
14   Commonwealth using the electronic filing system developed by the
15   Secretary of the Commonwealth under section 1640(6).
16      (b)   A report or statement filed electronically shall:
17      (1)   be made subject to the penalties of 18 Pa.C.S. § 4904
18   (relating to unsworn falsification to authorities);
19      (2)   include the electronic signature of the treasurer or
20   assistant treasurer of the political committee serving at the
21   time of the filing of the report or statement; and
22      (3)   for a report or statement filed by a candidate or a
23   candidate's political committee, include the electronic
24   signature of the candidate, stating that, to the best of the
25   candidate's knowledge, the political committee has not violated
26   a provision of this act.
27      (c)   (1)    A candidate or political committee not able to file
28   electronically the report or statement required by this section
29   shall request an exemption from the Secretary of the
30   Commonwealth. The candidate or political committee upon approval

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 1   of the Secretary of the Commonwealth shall file reports and
 2   statements on forms developed by the Secretary of the
 3   Commonwealth.
 4      (2)     In order to request an exemption for electronic
 5   submissions or reports or statements, the candidate or political
 6   committee must demonstrate technological hardship. As used in
 7   this clause, the term "technological hardship" means a lack of
 8   computer or Internet access or a disability that prevents
 9   electronic filing.
10      (d)     (1)   A principal may authorize another person to prepare
11   the contents of the report or statement, including entry of data
12   into the electronic filing system as required under subsection
13   (a).
14      (2)     Each principal authorizing another to act under clause
15   (1) must:
16      (i)     review the contents of the report or statement prepared
17   under clause (1); and
18      (ii)     file in the electronic filing system the approval of
19   the contents of the report or statement and verification of its
20   accuracy, in accordance with subsection (b). The approval shall
21   be transmitted personally by the principal and not on the
22   principal's behalf by any other person.
23      (3)     No report or statement shall be considered complete or
24   filed until all necessary approvals and verifications shall have
25   been submitted by each principal required to file.
26      (4)     As used in this subsection, "principal" shall mean any
27   person required to file any report or statement electronically
28   with the Secretary of the Commonwealth in accordance with this
29   section.
30      Section 1631.2.     Inability to File Reports or Statements

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 1   Electronically by Deadline.--
 2      (a)   All reports or statements filed with the Secretary of
 3   the Commonwealth under section 1631.1 are subject to the
 4   following:
 5      (1)   If a candidate or political committee cannot file a
 6   report or statement on the day on which the report or statement
 7   is due because of the unavailability of the Department of
 8   State's electronic filing system under section 1640(6) at the
 9   time the candidate or political committee attempts to file the
10   report or statement, the principal shall immediately notify the
11   Department of State in a manner designated by the Secretary of
12   the Commonwealth. If the Internet website is unavailable and the
13   candidate or political committee has notified the department,
14   the candidate or political committee shall have until 11:59
15   o'clock P.M. on the next day following the deadline to file the
16   report or statement electronically and the principal shall file
17   a statement affirming that the principal was unable to file the
18   report or statement on time because of the unavailability of the
19   Department of State's electronic filing system at the time the
20   principal attempted to file the report or statement on the day
21   the report or statement was due. The affirmation statement shall
22   be due at the same time as the statement or report filed under
23   this subsection. The report or statement shall not be considered
24   filed until the affirmation statement is filed.
25      (2)   If a candidate or political committee is unable to file
26   as required under clause (1) because the Department of State's
27   electronic filing system remains unavailable, the principal
28   shall notify the Department of State each day a report or
29   statement cannot be filed due to the unavailability of the
30   Department of State's electronic filing system. The candidate or

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 1   political committee shall have until 11:59 o'clock P.M. on the
 2   next day to electronically file the report or statement or
 3   notify the Department of State a second time of the
 4   inaccessibility of the department's electronic filing system.
 5   The principal shall file a statement affirming that the
 6   principal was unable to file the report or statement on time
 7   because of the unavailability of the Department of State's
 8   electronic filing system. The affirmation statement shall be
 9   due at the same time as the statement or report filed under this
10   subsection. The report or statement shall not be considered
11   filed until the affirmation statement is filed.
12      (b)     The Department of State may provide for an alternative
13   method of electronic filing if the department's electronic
14   filing system remains unavailable.
15      (c)     For cause shown, the Secretary of the Commonwealth may
16   waive late filing fees for reports or statements filed after the
17   deadline but which are the subject of notifications as
18   prescribed by this section.
19      (d)     As used in this section, the term "unavailability of the
20   Department of State's electronic filing system" shall mean a
21   failure of the system within the Department of State's technical
22   environment that does not allow access to the system by an
23   individual. The term does not include:
24      (1)     a network issue between the user's computer and the
25   Department of State's environment; or
26      (2)     a failure of any part of the user's computer or internal
27   network.
28      Section 4.    Section 1632(a) of the act is amended and the
29   section is amended by adding a subsection to read:
30      Section 1632.    Late Filing Fee; Certificate of Filing.--

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 1      (a)   A late filing fee for each report or statement of
 2   expenditures and contributions required to be filed with the
 3   county board of elections which is not filed within the
 4   prescribed period shall be imposed as follows. Such fee shall be
 5   ten dollars ($10) for each day or part of a day excluding
 6   Saturdays, Sundays and holidays that a report or statement is
 7   overdue. An additional fee of ten dollars ($10) is due for each
 8   of the first six (6) days that a report or statement is overdue.
 9   The maximum fee payable with respect to a single report or
10   statement is two hundred fifty dollars ($250). [A supervisor]
11   The county board of elections shall receive an overdue report or
12   statement even if any late filing fee due has not been paid but
13   the report or statement shall not be considered filed until all
14   fees have been paid upon the receipt by the supervisor of an
15   overdue report. No further late filing fees shall be incurred
16   notwithstanding the fact that the report or statement is not
17   considered filed. The late filing fee is the personal liability
18   of the candidate or treasurer of a political committee and
19   cannot be paid from contributions to the candidate or committee,
20   nor may such fee be considered an expenditure. A report or
21   statement of expenditures and contributions shall be deemed to
22   have been filed within the prescribed time if the letter
23   transmitting the report or statement which is received by the
24   [supervisor] county board of elections is transmitted by first
25   class mail and is postmarked by the United States Postal Service
26   on the day prior to the final day on which the report or
27   statement is to be received: Provided, That this sentence shall
28   not be applicable to the reporting requirements contained in
29   section 1628.
30      (a.1)   For reports or statements required to be

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 1   electronically filed with the Secretary of the Commonwealth, the
 2   penalty for each report or statement that is not filed within
 3   the prescribed period shall be twenty dollars ($20) a day for
 4   the first six (6) days the report or statement is late and one
 5   hundred dollars ($100) a day for day seven (7) and each day
 6   thereafter. The maximum penalty for late reports or statements
 7   is five hundred dollars ($500) for each required filing. The
 8   late filing fee shall be the personal responsibility of the
 9   candidate or treasurer of a political committee and cannot be
10   paid from contributions to the candidate or committee nor may
11   the fee be considered an expenditure. The Secretary of the
12   Commonwealth shall receive an overdue report or statement
13   notwithstanding whether a late filing fee due has not been paid.
14   A report or statement shall not be considered filed until all
15   fees have been paid upon the receipt by the Secretary of the
16   Commonwealth of an overdue report or statement.
17      * * *
18      Section 5.     Sections 1640 and 1641(a) of the act are amended
19   to read:
20      Section 1640.     Additional Powers and Duties of the Secretary
21   of the Commonwealth.--(a)     The Secretary of the Commonwealth
22   shall have the following additional powers and duties:
23      (1)     To serve as the State clearing house for information
24   concerning the administration of this act.
25      (2)     To prescribe suitable rules and regulations to carry out
26   the provisions of this act.
27      (3)     To develop the prescribed forms required by the
28   provisions of this article for the making of the reports and
29   statements required to be filed with the supervisor.
30      (4)     To prepare a manual setting forth recommended uniform

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 1   methods of bookkeeping and reporting which shall be furnished by
 2   the supervisor to the person required to file such reports and
 3   statements as required by this article.
 4      (5)   To examine the contributions to State legislative and
 5   Statewide candidates and publish a list of all those political
 6   committees who have contributed to candidates and who have
 7   failed to file reports as required by this act within six (6)
 8   days of their failure to comply.
 9      (6)   To create and maintain a searchable computer database
10   and electronic filing system that contains the information
11   necessary for the proper administration of this article,
12   including information on contributions and expenditures by all
13   candidates and all political committees and distribution of
14   money, and including public access through the Internet. The
15   database must be designed with an emergency recovery system to
16   ensure that campaign expense records are not lost in the case of
17   an emergency, natural disaster or other event that could cause
18   the system to malfunction.
19      (7)   To establish a training program on the electronic filing
20   system and make it available to a candidate or political
21   committee.
22      (8)   To ensure that all information contained in a statement
23   or report filed that is not on the electronic filing system be
24   entered into the electronic filing system as soon as practicable
25   but no later than four (4) business days after its receipt by
26   the Secretary of the Commonwealth.
27      (b)   The Department of State shall issue to a registrant
28   under 25 Pa.C.S. Ch. 13 (relating to voter registration) an
29   electronic receipt that includes a confirmation number and the
30   date and time of filing.

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 1      Section 1641.    Reports by Business Entities; Publication by
 2   Secretary of the Commonwealth.--
 3      (a)   Any business entity including but not limited to a
 4   corporation, company, association, partnership or sole
 5   proprietorship, which has been awarded non-bid contracts from
 6   the Commonwealth or its political subdivisions during the
 7   preceding calendar year, shall report electronically in
 8   accordance with section 1631.1 by February 15 of each year to
 9   the Secretary of the Commonwealth an itemized list of all
10   political contributions known to the business entity by virtue
11   of the knowledge possessed by every officer, director,
12   associate, partner, limited partner or individual owner that has
13   been made by:
14      (1)   any officer, director, associate, partner, limited
15   partner, individual owner or members of their immediate family
16   when the contributions exceed an aggregate of one thousand
17   dollars ($1,000) by any individual during the preceding year; or
18      (2)   any employe or members of his immediate family whose
19   political contribution exceeded one thousand dollars ($1,000)
20   during the preceding year.
21   For the purposes of this subsection, "immediate family" means a
22   person's spouse and any unemancipated child.
23      * * *
24      Section 6.    The Secretary of the Commonwealth shall transmit
25   notice to the Legislative Reference Bureau for publication in
26   the next available issue of the Pennsylvania Bulletin when the
27   electronic filing system developed by the Secretary of the
28   Commonwealth is available for use.
29      Section 7.    This act shall take effect as follows:
30            (1)   The following provisions shall take effect

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1     immediately:
2               This section.
3               Section 6 of this act.
4         (2)   The remainder of this act shall take effect 120 days
5     after publication in the Pennsylvania Bulletin of the notice
6     under section 6 of this act.




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