(a) A late filing fee for each report or statement of
expenditures and contributions which is not filed within the
prescribed period shall be imposed as follows. Such fee shall
be ten dollars ($10) for each day or part of a day excluding
Saturdays, Sundays and holidays that a report is overdue. An
additional fee of ten dollars ($10) is due for each of the first
six (6) days that a report is overdue. The maximum fee payable
with respect to a single report is two hundred fifty dollars
($250). A supervisor shall receive an overdue report or
statement even if any late filing fee due has not been paid but
the report or statement shall not be considered filed until all
fees have been paid upon the receipt by the supervisor of an
overdue report. No further late filing fees shall be incurred
notwithstanding the fact that the report or statement is not
considered filed. The late filing fee is the personal liability
of the candidate or treasurer of a political committee and
cannot be paid from contributions to the candidate or committee,
nor may such fee be considered an expenditure. A report or
statement of expenditures and contributions shall be deemed to
have been filed within the prescribed time if the letter
transmitting the report or statement which is received by the
supervisor is transmitted by first class mail and is postmarked
by the United States Postal Service on the day prior to the
final day on which the report or statement is to be received:
Provided, That this sentence shall not be applicable to the
reporting requirements contained in section 1628. ((a) amended
July 11, 1980, P.L.591, No.127)
(b) No person shall be deemed elected to a public office
under the laws of this Commonwealth or enter upon the duties
thereof, or receive any salary or emoluments therefrom until
all of the reports and statements of contributions and
expenditures required to be filed by any candidate and
treasurers of committees authorized by such candidate and due
before the person may take office, have been filed. No candidate
may be sworn in until the appropriate supervisor certifies that
all required reports have been filed, and no official of the
Commonwealth or any of its political subdivisions may issue a
commission or administer an oath of office until that official
has received this certification. No certification shall be
issued until the supervisor has received post election reports
of any candidate and treasurer of committees authorized by such
candidate.
(c) No late filing fees shall be imposed under this section
for pre-election filings due any primary, special, or municipal
election held through November 6, 1979. Late filing fees paid
for any primary, special, or municipal election held through
November 6, 1979 shall be refunded after any candidate or
committee in violation has filed the required pre-primary,
pre-special, pre-municipal, post-primary, post-special, or
post-municipal election report. No late filing fee shall be
imposed under this section, for the required post-primary
election report for the primary election held May 15, 1979 where
such post-primary election report is filed on or before July
16, 1979. No late filing fee shall be imposed under this section
for the required pre-election or post-election report for the
municipal election held November 6, 1979 where such report is
filed on or before February 15, 1980: Provided, however, That
no one shall be issued a commission or take the oath of office
until all reports required on account of his or her candidacy
shall be filed. Any pre-election or post-election late filing
fees, collected for primary, special, or municipal elections
held on or before November 6, 1979, shall be refunded within
thirty (30) days. ((c) added Dec. 13, 1979, P.L.551, No.124)
(1632 added Oct. 4, 1978, P.L.893, No.171)
Compiler's Note: See sections 9 and 10 of Act 63 of 1979
in the appendix to this act for special provisions
relating to refund of late filing fees and retroactivity.§ 1632Late Filing Fee; Certificate of Filing
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.