§ 1638Advertising

(a) Whenever any person makes an expenditure for the purpose
of financing communications expressly advocating the election
or defeat of a candidate, or ballot questions, through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, direct mailing, or any other type of general public
political advertising, such communication:

   (1) If authorized by the candidate, his authorized political
committee or their agents, shall clearly and conspicuously state
that the communication has been authorized.
   (2) If not authorized by a candidate, his authorized
political committee, or their agents, shall clearly and
conspicuously state the name of the person who made or financed
the expenditure for the communication, including, in the case
of a political committee the name of any affiliated or connected
organization.
   (b) (1) No candidate for public office, or political
committee or party acting on his behalf, shall place any
advertisement referring to an opposing candidate for the same
office which is to be broadcast or published during the one
hundred and twenty (120) hours immediately prior to an election
or published in a weekly newspaper or periodical during the
eight (8) days immediately prior to an election, with a
television or radio broadcasting station, newspaper or
periodical, unless he has first given a copy of the material
to appear or be used in the advertisement and reasonable notice
to the opposing candidate and the county board of elections of
the county where the advertisement is to be placed in sufficient
time for a reply advertisement to be published or broadcast at
the same approximate time or in the same issue of the
publication or on the same radio or television broadcast as the
original advertisement and prior to the election in question.
   (2) The reasonable notice referred to in clause (1) shall
be given in writing by registered mail, return receipt
requested, addressee signature only, with a true copy of the
material enclosed to appear or be used in the advertisement so
as to afford the recipient sufficient time to place a reply
advertisement to be published or broadcast at the same
approximate time or in the same issue of the publication or on
the same radio or television broadcast as the original
advertisement and prior to the election in question.
   (3) Any person, firm or corporation, political committee
or party or member thereof, violating any of the provisions of
this section, shall be guilty of a misdemeanor, and upon
conviction thereof, shall be sentenced to pay a fine not
exceeding one thousand dollars ($1,000), or to undergo an
imprisonment of not less than one (1) month nor more than two
(2) years, or both, in the discretion of the court.
   (1638 added Oct. 4, 1978, P.L.893, No.171)