HB 486 — 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 advertising.

PRINTER'S NO.   470

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 486
                                               Session of
                                                 2025

     INTRODUCED BY HEFFLEY, JAMES AND PICKETT, FEBRUARY 4, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        FEBRUARY 4, 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 advertising.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    Section 1638(b)(3) of the act of June 3, 1937
16   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
17   amended and subsections (a) and (b) are amended by adding
18   paragraphs to read:
19      Section 1638.    Advertising.--
20      (a)   Whenever any person makes an expenditure for the purpose
21   of financing communications expressly advocating the election or
22   defeat of a candidate, or ballot questions, through any
23   broadcasting station, newspaper, magazine, outdoor advertising
 1   facility, direct mailing, or any other type of general public
 2   political advertising, such communication:
 3      * * *
 4      (3)     May not utilize artificially generated facsimiles of a
 5   human voice.
 6      (b)     * * *
 7      (3)     Any person, firm or corporation, political committee or
 8   party or member thereof, violating any of the provisions of this
 9   section, shall be guilty of a misdemeanor, and upon conviction
10   thereof, shall be sentenced to pay a fine not exceeding one
11   thousand dollars ($1,000), or to undergo an imprisonment of not
12   less than one (1) month nor more than two (2) years, or both, in
13   the discretion of the court. A fine issued for a conviction of a
14   violation of subsection (a)(3) is the personal liability of the
15   candidate or treasurer of a committee or party and cannot be
16   paid from contributions to the candidate, committee or party.
17      (4)     The Secretary of the Commonwealth shall publish a list
18   of all candidates and treasurers of committees and parties who
19   have been convicted of a violation of subsection (a)(3) on the
20   Department of State's publicly accessible Internet website.
21      Section 2.      This act shall take effect in 60 days.




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