71 Pa. C.S. § 2705

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 2705 - Political activity

(a)General rule.--An individual in the classified service may not use the individual's official authority or influence for the purpose of interfering with or affecting the result of an election.

(b) Political activities prohibited.--An individual in the classified service may not take an active part in political management or in a political campaign. Activities prohibited by this subsection include the following:

(1) Serving as an officer of a political party, a member of a national, State or local committee of a political party or an officer or member of a committee of a partisan political club, or being a candidate for any of these positions.

(2) Organizing or reorganizing a political party organization or political club.

(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing or accounting for assessments, contributions or other money for a partisan political purpose.

(4) Organizing, selling tickets to, promoting or actively participating in a fundraising activity of a candidate in a partisan election or a political party or political club.

(5) Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office.

(6) Becoming a candidate or campaigning for an elective public office in a partisan election.

(7) Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office.

(8) Acting as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in a partisan election.

(9) Driving voters to the polls on behalf of a political party or a candidate in a partisan election.

(10) Endorsing or opposing a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, broadcast, campaign, literature or similar material.

(11) Serving as a delegate, alternate or proxy to a political party convention.

(12) Addressing a convention, caucus, rally or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office.

(13) Initiating or circulating a partisan nominating petition.

(14) Soliciting, paying, collecting or receiving a contribution at or in the workplace from an employee for a political party, political fund or other partisan recipient.

(15) Paying a contribution in the workplace to an employee who is the employer or employing authority of the individual making the contribution for a political party, political fund or other partisan recipient.

(c)Rights.--An employee or individual to whom subsection (a) or (b) applies shall retain the right to and may engage in the following activities:

(1) Register and vote in an election.

(2) Express an opinion as an individual privately and publicly on political subjects and candidates.

(3) Display a political picture, sticker, badge or button when not on duty and at locations other than the workplace.

(4) Participate in the nonpartisan activities of a civic, community, social, labor or professional organization, or a similar organization.

(5) Be a member of a political party or other political organization or club and participate in the organization's or club's activities to the extent consistent with this section.

(6) Attend a political convention, rally, fundraising function or other political gathering.

(7) Sign a political petition as an individual.

(8) Make a financial contribution to a political party or organization.

(9) Be politically active in connection with a question that is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or other question or issue of similar character.

(10) Otherwise participate fully in public affairs, except as prohibited by law, in a manner that does not materially compromise efficiency or integrity as an employee or the neutrality, efficiency or integrity of a Commonwealth agency.

(d) School director.--Notwithstanding any provision of this section or any other law to the contrary, no individual may be deemed ineligible for the office of school director solely on the basis that the individual is a member of the classified service under this part.

(e) Further prohibition or limitation.--The provisions of subsection (c) do not authorize an employee to engage in political activity while on duty or while in a uniform which identifies the individual as an employee. The head of an agency may prohibit or limit the participation of an employee or class of employees of the agency in an activity permitted under subsection (c) if participation in the activity will interfere with the efficient performance of official duties or create a conflict or apparent conflict of interests.

(f) Penalty.--An individual in the classified service who violates this section shall be removed from employment and money appropriated for the position from which the employee was removed may not be used to pay the employee or individual, provided the Office of Administration may impose a penalty of suspension without pay for not more than 120 working days if the Office of Administration finds that the violation does not warrant termination.

(g)Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Agency." An agency employing individuals in the classified service.

"Contribution." A gift, subscription, loan, advance, deposit of money, allotment of money or anything of value given or transferred by one individual to another, including cash, check, draft, payroll deduction, allotment plan or by pledge or promise, whether or not enforceable.

"Election." A primary, municipal, special and general election.

"Employee." An individual in the classified service.

"Employer" or "employing authority." The immediate employing agency head, agency principals or an employee's supervisor.

"Partisan." When used as an adjective, the term refers to a political party.

"Political fund." A fund, organization, political action committee or other entity that, for purposes of influencing the outcome of a partisan election, receives or expends money or anything of value, or transfers money or anything of value to another fund, political party, candidate, organization, political action committee or any other entity.

71 Pa.C.S. § 2705

Added by P.L. TBD 2018 No. 71, § 1, eff. 3/28/2019.