SB 273 — 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 contributions by agents, anonymous contributions and cash contributions; and imposing a penalty.

PRINTER'S NO.    227

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 273
                                               Session of
                                                 2025

     INTRODUCED BY CAPPELLETTI, SCHWANK, HAYWOOD, BAKER, COSTA,
        SANTARSIERO AND KANE, FEBRUARY 20, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 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 contributions by agents, anonymous
13      contributions and cash contributions; and imposing a penalty.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    Section 1634 heading of the act of June 3, 1937
17   (P.L.1333, No.320), known as the Pennsylvania Election Code, is
18   amended and the section is amended by adding a subsection to
19   read:
20      Section 1634.    Contributions by Agents; Anonymous
21   Contributions; Cash Contributions; Preselected and Prescheduled
22   Recurring Contributions.--
23      * * *
 1      (d)    (1)   It shall be unlawful for a candidate or political
 2   committee, directly or through an agent or intermediary, to
 3   solicit or accept from a person a preselected recurring or
 4   prescheduled recurring contribution to the candidate or
 5   political committee without the express and affirmative consent
 6   of the person.
 7      (2)    Express and affirmative consent of the contributor under
 8   clause (1) shall require clear and affirmative action of the
 9   contributor to make or agree to make the recurring contribution.
10   Passive action by the contributor, including failure to uncheck
11   a pre-checked box authorizing a recurring contribution, shall
12   not constitute clear and affirmative action of the contributor.
13      (3)    A candidate or political committee that accepts a
14   recurring contribution under clause (1) shall do all of the
15   following:
16      (i)    Provide a receipt to the contributor that clearly and
17   conspicuously discloses all terms of the recurring contribution
18   within three (3) days after the initial contribution is received
19   and within three (3) days after each recurring contribution is
20   received.
21      (ii)     Provide all necessary information to cancel the
22   recurring contribution in each communication with the
23   contributor that concerns the contribution.
24      (iii)     Immediately cancel a recurring contribution upon
25   request of the contributor.
26      (4)    (i)   Each time a candidate or political committee
27   solicits from a person a recurring contribution under clause
28   (1), or accepts an initial recurring contribution under clause
29   (1) without the express and affirmative consent of the person,
30   shall constitute a separate violation of this subsection subject

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 1   to a penalty of up to five thousand dollars ($5,000) for each
 2   occurrence.
 3      (ii)     A candidate or political committee that accepts a
 4   recurring contribution under clause (1) without the express and
 5   affirmative consent of the person in violation of this
 6   subsection is liable for a fine not to exceed three (3) times
 7   the aggregate amount of the subsequent recurring contributions
 8   received if all of the following conditions are satisfied:
 9      (A)     The candidate or political committee knew or should have
10   known that the solicitation required express and affirmative
11   consent.
12      (B)     The candidate or political committee knew or should have
13   known that the contributor did not provide express and
14   affirmative consent for making the recurring contributions.
15      (C)     The recurring contributions, in the aggregate, exceed
16   one thousand dollars ($1,000).
17      (5)     A recurring contribution under clause (1) accepted
18   without the express and affirmative consent of the person shall
19   be returned to the contributor within fourteen (14) days of the
20   earlier of the receipt of a request from the contributor to
21   return the contribution or the date on which the candidate or
22   political committee becomes aware that the solicitation of the
23   recurring contribution was in violation of this subsection. A
24   contribution accepted after a contributor requested to cancel a
25   recurring contribution shall be returned to the contributor
26   within fourteen (14) days of the request to cancel the recurring
27   contribution.
28      (6)     For purposes of this subsection, the term "recurring
29   contribution" means a contribution from a person to a candidate
30   or political committee that is automatically charged to the

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1   person's bank account, credit card or other payment account on a
2   repeated basis without subsequent approval or any other
3   subsequent express and affirmative consent by the person after
4   the person's initial contribution to the candidate or political
5   committee.
6      (7)   This subsection shall apply to contributions occurring
7   or solicited on or after the effective date of this clause.
8      Section 2.   This act shall take effect in 60 days.




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