§ 1637Proceedings Against Candidates Violating Provisions Relating to Contributions and Expenditures

If any
candidate, who has been nominated or elected, is found by any
court of this Commonwealth in criminal proceedings to have
wilfully accepted any contributions or made any expenditures
in contravention of this act, either directly or through the
treasurer of any committee authorized by section 1623 or through
any other person with his knowledge or consent, whether
expressly or not, that fact shall be certified by the court to
the Attorney General. In the case of a candidate for nomination
the Attorney General shall make a motion to the proper court
to remove the candidate's name from the ballot. In the case of
an elected candidate the Attorney General shall file in the
proper court a suggestion for a writ of quo warranto against
such candidate. If upon the hearing of such motion or writ, it
shall be determined that such candidate has wilfully accepted
any contribution, or made any expenditure in contravention of
this act, either directly or through the treasurer of any
committee authorized by section 1623 to pay or incur primary
or election expenses in furtherance of his candidacy or through
any other person with his knowledge and consent, whether
expressly authorized or not, judgment of ouster from nomination,
in the case of a candidate for nomination where the judgment
is entered prior to the subsequent election, or judgment of
ouster from office in the case of a candidate for election or
in the case of a candidate for nomination who has been
subsequently elected to the office for which he was nominated,
shall be entered against him. However, in the case of a
candidate elected to the office of Senator or Representative
in the General Assembly, the decision of the court shall be
certified to the President of the Senate or to the Speaker of
the House of Representatives, as the case may be.
   (1637 added Oct. 4, 1978, P.L.893, No.171)