From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: Isn’t there a law in Pennsylvania that restricts “last minute” political ads?

A: Yes, but it is unenforceable. Pennsylvania’s Election Code (section 1638(b)) contains a provision restricting the placement of certain political advertisements in the last days of an election and requiring notice to the opposing party. The provision, as written, makes it a criminal offense to violate the statute. In Commonwealth v. Wadzinski, 492 Pa. 35, 422 A.2d 124 (1980), the Pennsylvania Supreme Court declared a former version of this section to be unconstitutional. Based on the Wadzinski decision, the Office of the Secretary of the Commonwealth takes the position that Section 1638 (b) is unenforceable.

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