CHAPTER 177. REPORTS BY CANDIDATES, POLITICAL COMMITTEES AND OTHER PERSONS Sec.
177.1. General.
177.2. Form and content of reports.
177.3. Filing dates.
177.4. Places of filing.
177.5. Residual funds.
177.6. Late filing.
177.7. Notice of late filing fees and enforcement provisions.
177.8. Certificate of filing.
177.9. Official forms.Authority The provisions of this Chapter 177 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 1640 of the Pennsylvania Election Code (25 P. S. § 3260), unless otherwise noted.
Source The provisions of this Chapter 177 adopted February 9, 1979, 9 Pa.B. 493, unless otherwise noted.
Cross References This chapter cited in 4 Pa. Code § 179.2 (relating to reporting by lobbyist).
§ 177.1. General.
(a) Every political committee and candidate shall file cumulative annual Campaign Finance Reports on the current version of Form DSEB-502, as described in § 177.9 (relating to official forms).
(b) Each treasurer of a political committee and each candidate which receives contributions or makes expenditures or incurs liabilities exceeding the sum of $250 shall file Campaign Finance Reports on the current version of Form DSEB- 502, as described in § 177.9, with the Secretary or the respective county board of elections, or both.
(c) A treasurer of a political committee or a candidate which receives contributions or makes expenditures or incurs liabilities in an amount not exceeding the sum of $250 shall file a sworn statement to that effect on the current version of Form DSEB-503, as described in § 177.9, with the Secretary or the respective county board of elections, or both.
(1) Treasurers of political committees and candidates, including those who have authorized political committees, are required to file reports or statements.
(2) A treasurer of a political committee and a candidate who receives no contributions or makes no expenditures or incurs no liabilities shall file a sworn statement to that effect with the Secretary or the respective county board of elections, or both. These statements shall be filed at the reporting times prescribed in section 1626 of the Pennsylvania Election Code (25 P. S. § 3246) and § 177.3 (relating to filing dates).
(d) For purposes of this section, expenditures shall consist of the following:
(1) Printing and traveling expenses and personal expenses incident thereto, stationery, advertising, postage, expressage, freight, telegraph, telephone and public messenger service.
(2) The rental of radio facilities and amplified systems.
(3) Political meetings, demonstrations and conventions and the pay and transportation of speakers.
(4) The rent, maintenance and furnishing of offices.
(5) The payment of clerks, typewriters, stenographers, janitors and messengers actually employed.
(6) Transportation of electors to and from the polls.
(7) The employment of watchers at primaries and elections to the number and in the amount permitted by the Pennsylvania Election Code (25 P. S. § § 2600—3573).
(8) Expenses, legal counsel, incurred in good faith in connection with any primary or elections.
(9) Contributions to other political committees.
(e) The Nomination Filing Petition Fees are expenditures for the purposes of this section.
(f) 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 amount exceeding the sum of $100 during a calendar year shall file Independent Expenditure Reports on the current version of Form DSEB-505, as described in § 177.9, with the Secretary or the respective county board of elections, or both.
(g) A person may not use the contents of a filed statement or report for a commercial purpose.
Authority The provisions of this § 177.1 amended under section 201(a) of the Pennsylvania Election Code (25 P. S. § 2621(a)).
Source The provisions of this § 177.1 amended September 7, 1979, effective September 8, 1979, 9 Pa.B. 2998; amended October 6, 2000, effective October 7, 2000, 30 Pa.B. 5138. Immediately preceding text appears at serial pages (201051) to (201052).
Cross References This section cited in 4 Pa. Code § 177.9 (relating to official forms).
§ 177.2. Form and content of reports.
(a) The Campaign Finance Reports shall be filed on the current version of Form DSEB-502, which may be obtained from the Secretary or any county board of elections.
(b) The Campaign Finance Report, to be signed and sworn to by the individual submitting the report, shall include the following:
(1) The full name, mailing address, occupation and name of employer, if any, or the principal place of business, if self-employed, of each person who has made one or more contributions to or for the committee or candidate within the reporting period in an aggregate amount or value in excess of $250, together with the amount and date of the contributions. The accuracy of the information furnished to the candidate or committee shall be the responsibility of the contributor.
(2) The full name and mailing address of each person who has made one or more contributions to or for the committee or candidate within the reporting period in an aggregate amount or value in excess of $50, together with the amount and date of the contributions. The accuracy of the information furnished by the contributor shall be the responsibility of the contributor.
(3) The total sum of individual contributions made to or for the committee or candidate during the reporting period and not reported under paragraphs (1) and (2).
(4) Every expenditure, the date made, the full name and address of the person to whom made, and the purpose for which the expenditure was made. Each Campaign Finance Report of a political committee shall itemize only those expenditures made to influence the election or defeat of a candidate for nomination or election in this Commonwealth or a question appearing on the ballot in this Commonwealth and all other expenditures made outside this Commonwealth, not relevant to elections within this Commonwealth, shall be aggregated and reported as one lump sum.
(5) Unpaid debts and liabilities, with the nature and amount of each, the date incurred and the full name and address of the person owed.
(6) The account shall include an unexpended balance of contributions or other receipts appearing from the last account filed.
(7) In addition, the Independent Expenditure Reports on the current version of Form DSEB-505, as described in § 177.9 (relating to official forms), filed by persons making independent expenditures shall contain the name of the candidates or questions supported or opposed.
(c) Receipted bills are required as follows:
(1) Each candidate or committee treasurer shall retain a receipted bill from the person to whom the expenditure is made by or on behalf of the political committee or candidate in excess of $25.
(2) The receipted bill shall contain the following:
(i) The identification of the person to whom the expenditure is made.
(ii) The amount of the expenditures.
(iii) The particulars of the expenditures.
(iv) The date the expenditures were made.
(3) When a receipted bill is not available, the treasurer may retain the following:
(i) The cancelled check showing payment of the bill.
(ii) The bill, invoice or other contemporaneous memorandum of the transaction supplied to the committee by the payee containing the same information as referred to in paragraph (2).
(iii) Both.
(d) A person may inspect or copy the vouchers, or copies of vouchers, for expenditures itemized in a Campaign Finance Report by filing a written request, with the appropriate supervisor, after the filing date for the report. The supervisor shall notify the candidate or committee treasurer of the request and the candidate or committee treasurer shall either forward the vouchers, or copy of the vouchers, to the supervisor or make the vouchers, or copy of the vouchers, available to the requesting person.
(e) Each Campaign Finance Report shall contain a summary, on a separate page, of the information required by subsection (b).
(f) Each Campaign Finance Report of a political committee created solely for the purpose of influencing an election on behalf of a single candidate shall be accompanied by an affidavit of the candidate. The affidavit shall affirm that, to the best of the candidate’s knowledge, the political committee has not violated the act of October 4, 1978 (P. L. 893, No. 171).
Authority The provisions of this § 177.2 amended under section 201(a) of the Pennsylvania Election Code (25 P. S. § 2621(a)).
Source The provisions of this § 177.2 amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3914; amended October 6, 2000, effective October 7, 2000, 30 Pa.B. 5138. Immediately preceding text appears at serial pages (201052) to (201054).
Cross References This section cited in 4 Pa. Code § 176.6 (relating to receipt of contributions); and 4 Pa. Code § 177.9 (relating to official forms).
§ 177.3. Filing dates.
(a) Preelection report. Preelection reports shall conform with the following:
(1) Candidates for Statewide offices and political committees supporting such candidates shall file an initial preelection report not later than 45 days before the election. This initial preelection report shall indicate receipts and expenditures as of 50 days before the election.
(2) Candidates for Statewide offices and political committees supporting these candidates shall file a subsequent preelection report not later than 10 days before the election. This report shall indicate receipts and expenditures as of 15 days before the election.
(3) Candidates for offices which are not Statewide and political committees supporting these candidates shall file a preelection report not later than 10 days prior to the election. This report shall indicate receipts and expenditures as of 15 days before the election.
(b) Independent expenditure report. Independent expenditure reports shall conform with the following:
(1) Persons making independent expenditures other than by contributions to a political committee or candidate in an aggregate amount in excess of $100 during a calendar year shall file preelection reports not later than 45 days and 10 days before the election in the case of Statewide elections. These reports shall indicate expenditures as of 50 days and 15 days, respectively, prior to the election.
(2) Persons making independent expenditures other than by contributions to a political committee or candidate in an aggregate amount in excess of $100 during a calendar year shall file election reports not later than 10 days prior to the election in the case of candidates or questions which are not Statewide. These reports shall indicate expenditures as of 15 days prior to the election.
(c) Postelection report. Candidates and political committees and persons who make independent expenditures and are required to file a preelection report shall also file a postelection report not later than 30 days after the election. This report shall indicate receipts and expenditures as of 20 days after the election.
(d) Late contributions and independent expenditures. Late contributions and independent expenditures reports shall conform with the following:
(1) Candidates and political committees authorized by a candidate and created solely for the purpose of influencing an election on behalf of that candidate shall report any contribution or pledge of $500 or more which is received or made after 15 days prior to the election. This report shall be made either in person or by telegram by the candidate, chairperson or treasurer within 24 hours of receipt.
(2) Persons making an independent expenditure of $500 or more after 15 days prior to the election shall make a report of that fact. This report shall be made in person or by telegram within 24 hours of the expenditure.
(e) Annual report. Annual reports shall conform with the following:
(1) Political committees and candidates are required to file a cumulative annual report on January 31 of each year, for elections, beginning January 31, 1980.
(2) The reports shall indicate receipts and expenditures as of January 15 of each year and shall be filed annually until no balance or debt remains.
(3) The political committee or candidate may file a statement indicating that there has been no change in the account since the last annual report, if that is the case.
(f) Cumulative reports. Cumulative reports shall conform with the following: Reports shall be cumulative, that is, they shall include and follow from the balance left on the previous report.
Cross References This section cited in 4 Pa. Code § 177.1 (relating to general).
§ 177.4. Places of filing.
(a) A candidate, individual or political committee required to file a statement or report shall file that statement or report with the Secretary where any of the following occur:
(1) The candidate, individual or political committee has filed or would have filed a nomination paper, nomination certificate or nomination petition with the Secretary. Candidates who must file with the Secretary include those for the Governor, Lieutenant Governor, the Pennsylvania General Assembly, Auditor General, State Treasurer, Attorney General, Judges of Supreme Court, Superior Court, Commonwealth Court, Courts of Common Pleas, Municipal Court, Traffic Court.
(2) The statement or report concerns a Statewide issue.
(3) The statement or report of a political committee concerns both candidates who file for nomination with the Secretary and candidates who file with a County Board of Elections.
(b) Any candidate, individual or political committee required to file a statement or report shall file that statement or report with the local County Board of Elections when any of the following occur:
(1) The candidate, individual or political committee has filed or would have filed a nomination paper, nomination certificate or nomination petition with the local County Board of Elections.
(2) The candidate resides in the county and the candidate and his political committee created solely for the purpose of influencing his election must file reports with the Secretary.
(3) The statement or report concerns any issue other than a Statewide issue.
§ 177.5. Residual funds.
(a) A candidate or political committee with funds remaining after it has made valid expenditures including contributions to other political committees shall use its remaining funds to reimburse the contributors on a pro rata basis.
(b) A final Annual Campaign Financial Report shall be filed by January 31, following final disbursement of residual funds.
§ 177.6. Late filing.
(a) Each candidate or treasurer of a political committee shall be personally liable for the late filing fees incurred as a result of the untimely filing of statements of expenditures and contributions or reports. The fee shall be computed as follows:
(1) Ten dollars for each day or part of a day excluding Sundays and holidays that a report is overdue.
(2) An additional $10 for each of the first 6 days that a report is overdue.
(3) Two hundred and fifty dollars is the maximum fee payable for a report that is overdue.
(b) Late filing fees shall be calculated until the report or statement is received by the Secretary or the respective county board of elections, or both.
(c) The Secretary or the respective county boards of elections, or both, shall receive overdue reports or statements even though the applicable late filing fees have not been paid.
(d) A certification may not be issued by the Secretary or respective county board of elections until all reports have been filed and all late filing fees have been paid.
§ 177.7. Notice of late filing fees and enforcement provisions.
(a) Notice. Notice of late filing fee shall conform with the following:
(1) Within 6 days following the due date for each report and statement required to be filed by this chapter, the supervisory officer will send notice to each candidate or treasurer of a political committee who failed to file the report or statement required setting forth the method for calculating late fees and indicating the current accumulated late fee liability. The notice will also state that the late fee will continue to accrue until the report is filed or until the maximum fee is reached, whichever occurs first, and that this fee is the personal liability of the candidate or treasurer. The notice will also state that failure to comply will be brought before a district justice or municipal court Judge.
(2) If a candidate or treasurer of a political committee files the required report on or before the date on which the maximum late fee accrues but still maintains a late fee liability the supervisory officer will send notice by certified mail to the candidate or treasurer within 10 days of the receipt of the report stating that the fee must be paid in full within 10 days and that failure to pay the late fee within this period will cause the records of the violation to be forwarded to the District Justice or Municipal Court Judge.
(3) If the maximum late fee accrues, the supervisory officer will, within 3 days, send notice by certified mail to the candidate or treasurer stating that information regarding this violation has been forwarded to the appropriate enforcement official with prosecutorial powers and that information regarding collection of the late fee has been forwarded to the District Justice or Municipal Court Judge.
(b) Enforcement provisions for late fees. Enforcement provisions for late fees shall conform with the following:
Information, charging violations of the late fee provisions of this chapter in such detail as the supervisory officer may prescribe as being necessary for his records, will be brought before the designated District Justice or Municipal Court Judge within the city, borough, incorporated town or township in the county where the alleged violation occurred within 20 days from the receipt of the notice sent by certified mail.
Source The provisions of this § 177.7 amended through September 7, 1979, effective September 8, 1979, 9 Pa.B. 2998. Immediately preceding text appears at serial page (41878).
§ 177.8. Certificate of filing.
No candidate shall be deemed elected nor take office until the Secretary or respective County Board of Elections certifies that all reports and statements due have been filed.
Source The provisions of this § 177.8 adopted April 20, 1979, 9 Pa.B. 1333.
§ 177.9. Official forms.
(a) The following official forms have been promulgated under the provisions in this chapter:
(1) Form DSEB-500 (Political Committee Registration Statement) as required by § § 176.1—176.3 (relating to registration of political committees; forms and filing; and change or correction in information).
(2) Form DSEB-501 (Authorization For a Political Committee To Receive Funds On Behalf of a Candidate) as required by § 176.8 (relating to authorization of political committees).
(3) Form DSEB-502 (Campaign Finance Report) as required by § § 177.1(a) and (b) and 177.2 (relating to general; and form and content of reports).
(4) Form DSEB-503 (Campaign Finance Statement) as required by § 177.1(c).
(5) Form DSEB-504 (Contributions By Non-bid Contract Recipients) as required by § 174.1 (relating to business entity).
(6) Form DSEB-505 (Independent Expenditure Report) as required by § § 177.1(f) and 177.2(b)(7).
(b) The Department also accepts campaign finance reports on diskette in lieu of a paper report as long as it meets the technical specifications of the Department and is accompanied by a cover page and signed affidavit. This information can be obtained by accessing the Department’s website at www.dos.state.pa.us or contacting the Bureau at (717) 787-5280.
Source The provisions of this § 177.9 amended through March 7, 1980, effective March 8, 1980, 10 Pa.B. 962; amended October 6, 2000, effective October 7, 2000, 30 Pa.B. 5138. Immediately preceding text appears at serial pages (201058) to (201072).
Cross References This section cited in 49 Pa. Code § 174.1 (relating to business entity); 49 Pa. Code § 176.2 (relating to forms and filing); 49 Pa. Code § 176.8 (relating to authorization of political committees); 49 Pa. Code § 177.1 (relating to general); and 49 Pa. Code § 177.2 (relating to form and content of reports).
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