§ 20-1006. Campaign Finance Disclosure. 83

   (1)   (a)   Electronic Filings Required. 84

         (.1)   Any time a candidate, a treasurer of a candidate political committee, or a candidate political committee is required by the Pennsylvania Election Code to file a campaign finance report or statement with the City Commissioners, that candidate, treasurer, or committee shall file a copy of the report or statement with the Board of Ethics in a digital electronic format prescribed by the Board no later than the state law due date.

         (.2)   Any time any political committee, treasurer of a political committee, or other person is required by the Pennsylvania Election Code to file a campaign finance report with the City Commissioners or the Secretary of State, that person, treasurer, or political committee shall file a copy of that report with the Board of Ethics if the report discloses or is required to disclose any:

            (.a)   expenditures made or debt incurred to influence the outcome of a covered election;

            (.b)   contributions to or expenditures by the candidate political committee of a former candidate that is carrying debt incurred to influence the outcome of a covered election;

            (.c)   contributions to or expenditures by a Litigation Fund Committee established pursuant to Section 20-1009; or

            (.d)   contributions to or expenditures by a Transition and Inauguration Committee established pursuant to Section 20-1011.

         Any report required to be filed pursuant to this subsection 20-1006(1)(a)(.2) shall be filed no later than the state law due date for filing the report, and shall be filed in a digital electronic format determined by the Board.

      (b)   In addition to any filing required by subsection (a), any political committee, including a candidate political committee, that has made expenditures within the eight months prior to a covered election shall file a report with the Board of Ethics in a digital electronic format on the sixth Tuesday before the covered election, setting forth all transactions (including contributions and expenditures) covered by subsection (d) below that occurred more than fifty (50) days prior to the election, but less than eight months prior to the election, and that have not previously been disclosed in a report filed with the Board of Ethics.

      (c)   In addition to any filing required by subsection (a) or (b), any person, including a not-for-profit organization or political committee, other than a candidate political committee, that on or before any report due date set forth below, whether directly or through another person, makes or promises to make expenditures of five thousand dollars ($5,000) or more in the aggregate for one or more electioneering communications that are published or to be published within fifty (50) days of a covered election shall file a report with the Board of Ethics in a digital electronic format setting forth all transactions covered by subsection (d) below that occurred more than twenty-four hours before the report due date, but less than eight months prior to the election, and that have not previously been disclosed in a report filed with the Board of Ethics. If the date of dissemination of the electioneering communication precedes the date of the expenditure for it, then the date of dissemination shall be used to determine the due date of the report. Such reports shall be due (unless the same person is required to file a report under subsection (a) or (b) on the same date):

         (.1)   on the sixth Tuesday before a covered election;

         (.2)   on the fourth Tuesday before a covered election;

         (.3)   on the second Friday before a covered election;

         (.4)   on the Tuesday immediately before a covered election;

         (.5)   on the Friday immediately before a covered election; and

         (.6)   for any covered electioneering communication expenditures made after the last expenditure reported under subsection 20-1006(1)(c)(.5) above, by the 30th day after a covered election.

      (d)   A report filed pursuant to subsection (b) or (c) shall be in the format required by the Board of Ethics and shall contain all information required by Section 1626(b) of the Pennsylvania Election Code, 25 P.S. § 3246(b). In addition to disclosing all contributions as required by Section 1626(b) of the Pennsylvania Election Code, 25 P.S. § 3246(b), a filer who is not a registered political committee or an individual shall also disclose all other donations of five thousand dollars ($5,000) or more received during the relevant reporting period.

      (e)   In a report filed pursuant to subsection (c), if a person, other than a political committee or an individual, has segregated funds used to make expenditures into one or more accounts separate from funds not used to make expenditures, that person is only required to disclose the source of contributions deposited in the segregated accounts used to make expenditures. An individual who files a report pursuant to subsection (c) is only required to disclose contributions that the individual receives or solicits in order to fund the expenditures disclosed in the report. 85

      (f)   Any person submitting a filing to the Board of Ethics under this Section shall sign a written statement that subscribes and swears to the information set forth therein. Upon receipt of any filing, the Board of Ethics shall issue a written receipt to the person making the filing.

   (2)   The Board of Ethics shall arrange for the publication of all information it receives under this Section on the City's official website as soon as practicable after the Board receives such information, but no later than five business days after receipt, in a format that will permit the public to easily search such information by candidate, by political committee, by contributor, and by any other means determined by the Board by regulation. 86

   (3)   In carrying out its duties under this Section, the Board of Ethics shall work with the City Commissioners to devise efficient means of advising candidates, campaigns, treasurers, political committees and other persons of the requirements of this Section, and to devise means of coordinating the activities of the Board of Ethics under this Section with the duties of the City Commissioners to receive, file and promptly make available for public inspection all required reports filed by candidates, campaigns, treasurers, political committees and other persons. 87

   (4)   The failure to file information as required by this Section, or the making of material misstatements or omissions in any filing required by this Section, shall be deemed to be a violation of Chapter 20-1300 (Penalties for Campaign Finance-Related and Ethics-Related Violations) and subject to enforcement and the imposition of penalties under that Chapter. 88

 

Notes

83	Added, Bill No. 050014 (approved December 15, 2005). See note 64 for effective date provisions. Amended, Bill No. 100122 (approved June 16, 2010); amended, Bill No. 190083-A (approved May 1, 2019).
84	Amended, Bill No. 100122 (approved June 16, 2010); subsection (1) amended, Bill No. 150368 (approved June 18, 2015), effective July 1, 2015.
85	Amended, Bill No. 220361 (approved June 22, 2022).
86	Enrolled bill read "of regulation".
87	Amended, Bill No. 220361 (approved June 22, 2022).
88	Amended, Bill No. 100125 (approved June 16, 2010).