Chapter 15. Statements Of Financial Interests, Applicability

Chapter 15.

Statements Of Financial Interests, Applicability  

Sec. 

15.1. Federal officials, employees and candidates.

15.2. Public officials and public employees. 

15.3. Candidates/nominees. 

 

15.1.  Federal officials, employees and candidates.

(a) Federal officials, employees and candidates are not required to file the Statement of Financial Interests with regard to their Federal position. 

(b) Federal officials, employees and candidates who serve with the Commonwealth or a political subdivision as part of an exchange or comparable program are required to file a Statement of Financial Interests. 

15.2.  Public officials and public employees.

(a) Public officials and employees shall file a Statement of Financial Interests for the preceding calendar year by May 1 of each year during which they hold office or a position and by May 1 for the year after they leave the position.  

(b) A public official may not take the oath of office, continue upon his duties or receive compensation for holding office unless a Statement of Financial Interests has been filed. 

(c) Public officials in State level offices shall file with the Commission and as follows:

(1) Executive branch public officials, board and commission members shall file with the Governor's office. 

(2) Legislative branch public officials shall file with either the Chief Clerk of the House of Representatives or the Secretary of the Senate, depending upon in which body the official serves. 

(3) Independent agency public officials and other public officials shall file with their agency.

(d) Public employees of the Commonwealth shall file with the State agency with which they are employed. 

(e) County and local officials, and employees, shall file with the governing body of the political subdivision in which they serve or are employed. 

(f) In an election year, public officials, public employees who are also candidates, shall, in addition, file at the times and locations required by candidates. 

(g) Full- or part-time solicitors are required to file Statements of Financial Interests.  

(h) If a law firm or engineering firm is designated solicitor or engineer, the persons primarily responsible for providing the services in the firm are responsible for filing a Statement of Financial Interests. 

15.3.  Candidates/nominees.

(a) A candidate for State level public office shall file a Statement of Financial Interests with the Commission on or before the last day for filing a petition to appear on the ballot and a copy of the  Statement shall be appended to the petition. 

(b) A candidate for county and local public office shall file a Statement of Financial Interests with the governing authority of the political subdivision wherein the candidate is seeking office on or before the last day for filing a petition to appear on the ballot and a copy of the Statement shall be appended to the petition.

(c) A candidate running for office as a substitute nominee shall file a Statement of Financial Interests on or before the last day for filing a substitute nomination certificate as follows:

(1) A nominee for State level office shall file the Statement with the Commission and a copy shall be appended to the substitute nomination certificate. 

(2) A nominee for county or local level public office shall file the Statement with the governing authority of the political subdivision wherein the person is seeking office and a copy of the Statement shall be appended to the substitute nomination certificate.

(d) An independent candidate not running in a primary election shall file a Statement of Financial Interests on or before the last day for filing a petition to appear on the ballot for election.  The  filing shall be made in accordance with subsections (a) and (b). 

(e) A write-in-candidate shall file a Statement of Financial Interests within 30 days of having been nominated or elected unless the person declines the nomination or office within that period of time.

(1) The Statement shall be filed with the Commission for State level public office and with the governing authority of the political subdivision wherein the person has been elected or nominated for county or local level office. 

(2) For the purposes of calculating the 30-day period during which the Statement of Financial Interests shall be filed, the time shall commence on the date that the appropriate board of elections certifies the individual as the winner of a nomination or election.

(f) A petition to appear on the ballot will not be accepted unless a copy of the Statement of Financial Interests is attached thereto. 

(g) A nominee for public office shall file a Statement of Financial Interests for the preceding calendar year at least 10 days prior to the date of approval or rejection by the confirming body.

(1) A nominee for Commonwealth positions requiring Senate confirmation shall file with the Commission and the Secretary of the Senate. 

(2) A nominee for county or local level public office shall file with the governing authority of the political subdivision in which the person is a nominee and, if different, with the official or body vested with the power of confirmation.