concurring:
Appellant contends that the lower court erred in refusing to grant his motion in arrest of judgment for a violation of § 3234 of the Pennsylvania Election Code1 because the *356terms of the statute do not proscribe his conduct and because the statute unconstitutionally restricts his First Amendment rights. I agree and, therefore, concur.
The parties stipulated to the following facts. On Novemwas to hold ejections for Township Supervisor. James R. was to hold elections for Township Supervisor, James R. Hanlon was the Republican candidate for Supervisor and appellant was the Chairman of the Committee to Elect James R. Hanlon. Larry D’Antonio, the Democratic candidate for Supervisor, was Hanlon’s opponent. On Wednesday, October 29, 1975, certain supporters of D’Antonio, un*357der the name of Republicans for D’Antonio, placed a commercial advertisement in Towntalk newspaper,2 a weekly *358publication, without notifying Hanlon. The advertisement specifically referred to statements of candidate Hanlon and urged support for D’Antonio. In addition, the advertisement stated that “Republicans for D’Antonio Committee” had paid for it. On the same day that the above advertisement appeared, Hanlon authorized his Committee to print a reply advertisement which it placed with the Delaware County Daily Times on Friday, October 31, 1975,3 and which appeared on Monday, November 3, 1975.
*359The reply advertisement, entitled “A Statement From Your Supervisor, James R. Hanlon,” discussed the Democratic candidate’s claims regarding fiscal affairs in the Township. Although the reply advertisement appeared within the 48 hour period before the election, Hanlon’s Committee did not give prior notice of the reply to Hanlon’s opponent.
*360One week after the election, one of D’Antonio’s supporters filed a private criminal complaint alleging that Hanlon and appellant had violated § 3234 of the Election Code by failing to notify D’Antonio of the placement of the reply advertisement before the date of its publication. After a hearing in December, 1975, a District Magistrate found appellant guilty. Appellant filed an appeal with the Common Pleas Court of Delaware County; the parties submitted the case upon a stipulated set of facts. On April 9, 1976, the lower court found appellant guilty of violating the Election Code and following the denial of post-verdict motions, sentenced him to pay $1.00 and the costs of prosecution. This appeal followed.
I
Appellant’s first contention is that § 3234 of the Election Code does not apply to reply advertisements. I agree. By its own terms, § 3234 is a penal statute.4 Our courts have long recognized that we must construe penal statutes strictly to avoid the inclusion of otherwise lawful acts not within the statute’s plain meaning. Commonwealth v. Glover, 397 Pa. 543, 156 A.2d 114 (1960); Commonwealth v. Teada, 235 Pa.Super. 438, 344 A.2d 682 (1975); Pennsylvania Statutory Construction Act, Act of November 25, 1970, P.L. 707, No. 230, added December 6, 1972, No. 290, § 3; 1 Pa.C.S. § 1928(b). Moreover, our courts have held that while remedial portions of election laws require liberal interpretation in order to effectuate the legislature’s intent, we must narrowly construe the penal provisions of such statutes. In re Petition of Wilhelm, 111 Pa.Super. 133, 169 A. 456 (1933); In re Bechtel’s Election Expenses, 39 Pa.Super. 292 (1909). See also, Laub’s Expense Account, 145 Pa.Super. 513, 21 A.2d 575 (1941) (Dissenting Opinion by BARTHOLD, J.). Finally, our courts are obliged to construe strictly statutes that regulate the First Amendment rights of expression and *361association. Buckley v. Valeo, 424 U.S. 1, 196 S.Ct. 612, 46 L.Ed.2d 659 (1976); Main Road v. Aytch, 522 F.2d 1080 (3d Cir. 1975); People’s Party v. Tucker, 347 F.Supp. 1 (M.D.Pa. 1972); Corporation of Haverford College v. Reeher, 329 F.Supp. 1196 (E.D.Pa.1971); William Goldman Theatres v. Dana, 405 Pa. 83, 173 A.2d 59 (1961); cert. denied, 368 U.S. 897, 82 S.Ct. 174, 7 L.Ed.2d 93 (1961).
In the instant case, the challenged election statute is clearly penal and forbids the placement of political advertisements within 48 hours of an election unless notice is sent to the candidate’s opponent. Further, the statute provides for summary conviction and possible imprisonment. Section 3234 refers only to initial advertisements and does not explicitly include reply advertisements within its prohibition.
Appellant’s statutory contention also focuses on the legislature’s intent in enacting § 3234. As appellant observes, the conceded purpose of the statute is to provide an opportunity for the candidate mentioned in the first advertisement to reply to last minute scurrilous attacks. Because the statute contemplates a reply,5 it would further no practical purpose to require notice of that reply. On the contrary, compliance with such a requirement might actually result in perpetual frustration of the legislature’s intent. Thus, each candidate might attempt to be the last person publishing the last possible advertisement for which notice could be given in order to prevent an opponent from giving notice and publishing a reply within the prohibited 48 hour period. Consequently, political debate might be abruptly curtailed at the most crucial point in the election process. Because the *362legislature could not have intended such a stifling result and because our courts cannot broadly interpret a penal statute, I believe that § 3234 does not require notice of publication of reply advertisements.
II
Appellant’s second contention is that § 3234 is unconstitutionally vague and thus discourages the exercise of First Amendment rights. Assuming that the statute includes reply advertisements within its prohibition, § 3234 is, nevertheless, an unconstitutional infringement of First Amendment right. By conditioning the placement of political advertisements within the last 48 hours of an election on proper notice, the statute discourages political advertisements and criminally penalizes that form of protected First Amendment activity.
The First Amendment freedoms of expression and association have long occupied a protected position in our jurisprudence. Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976); Mills v. State of Alabama, 384 U.S. 214, 86 S.Ct. 1434, 16 L.Ed.2d 484 (1966); N.Y. Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). “Whatever the explanation for the ascendancy of the First Amendment protection, courts have remained particularly sensitive to government regulation that tends to impinge on expressive freedom.” Alderman v. Philadelphia Housing Authority, 496 F.2d 164, 168 (3d Cir. 1974), cert. denied, 419 U.S. 844, 95 S.Ct. 77, 42 L.Ed.2d 72 (1974). Consequently, the courts strictly scrutinize statutes regulating First Amendment rights by requiring the state to satisfy a more rigid standard of justification for such legislation than for statutes regulating economic activity. William Goldman Theatres v. Dana, supra. In order to sustain a statute regulating First Amendment rights, the courts require the state to prove a compelling governmental interest that cannot be effectuated by a less drastic alternative. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976); N.A.A.C.P. v. *363Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); Dana, supra; Commonwealth v. Feigenbaum, 166 Pa.Super. 120, 70 A.2d 389 (1950).
Despite the special status afforded the First Amendment the U.S. Supreme Court has found compelling justifications supporting statutes regulating First Amendment rights when the state had a valid interest in safeguarding the public order,6 regulating the use of public streets,7 controlling sensitive, non-traditional public areas such as prisons,8 limiting the use of fighting words,9 and protecting sensitive audiences.10 However, because the state interest must be compelling, mere administrative convenience will not provide a sufficient governmental rationale. Moreover, in addition to proving a compelling need for the legislation, the state must demonstrate the absence of a less drastic alternative to further its purpose.
In the instant case, the Commonwealth has presented no compelling state interest to justify the statute’s regulation of First Amendment rights. I can conceive of only two possible state interests: (1) preventing last minute scurrilous attacks on a political opponent who has no opportunity to reply, and (2) attempting to protect the electorate from exposure to possibly unsubstantiated and confusing charges.
The first possible state interest, protecting the reputation of candidates for public office is clearly not a compelling state interest. In N.Y. Times Co. v. Sullivan, supra, the Supreme Court recognized the importance of vigorous politi*364cal debate, including sharp criticism of official conduct. The Court reasoned that because such expression is so critical to our democratic form of government, “neither factual error nor defamatory content suffices to remove the constitutional shield from criticism of official conduct.” N.Y. Times Co. v. Sullivan, supra, 376 U.S. at 273, 84 S.Ct. at 722. Further, the court recognized “a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” N.Y. Times Co. v. Sullivan, supra, 376 U.S. at 270, 84 S.Ct., at 721. Consequently, the Court concluded that the First Amendment prohibits a public official from recovering damages for defamation regarding his official conduct, absent proof that the defamatory statement was made with knowledge of its falsity or reckless disregard of its truth or falsity.
Subsequently, the Court elaborated this view by recognizing that, unlike private individuals, public officials and public figures require less protection from defamatory statements because they “voluntarily expose[d] themselves to the increased risk of injury from defamatory falsehoods concerning them.” Gertz v. Welch, 418 U.S. 323, 345, 94 S.Ct. 2997, 3010, 41 L.Ed.2d 789 (1974), and can counter such charges more effectively because of their greater access to the media. Consequently, they are less vulnerable to injury and less deserving of recovery than private individuals. See Gertz, supra. See also, Curtis Publishing Co. v. Butts and Associated Press v. Walker, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094 (1967). Thus, there is no compelling Commonwealth interest in protecting the reputation of political candidates.
Secondly, attempting to protect the electorate from exposure to unsubstantiated charges is an equally uncompelling state interest. Thus, in Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, supra, the Supreme Court rejected the argument that Virginia’s statute prohibiting pharmacists from advertising drug prices protected the *365public from false information. There could be no compelling state interest, the Court reasoned, when “the State’s protectiveness of its citizens rests in large measure on the advantages of their being kept in ignorance.” 425 U.S. at 769, 96 S.Ct. at 1829.
Moreover, the First Amendment affords special protection to political expression in order to “assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people.” Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957). Consequently, the First Amendment also protects political association. Buckley v. Valeo, supra. Nevertheless, the courts have sustained regulations limiting the exercise of First Amendment rights within the context of the electoral process when compelling state interests justify such legislation. The courts have found such compelling governmental interests when the statute in question seeks to eliminate bribery and corruption in election,11 maintain the integrity of the ballot,12 avoid intra-party raiding,13 and prevent political pressure on government employees.14 However, absent a compelling rationale, the regulation will not withstand judicial scrutiny. Consequently, in Mills v. Alabama, supra, the Supreme Court invalidated a statute providing criminal penalties for the publication of newspaper editorials on election day urging the public to vote a certain way on electoral issues. The Court rejected the state’s rationale that the restraint was reasonable, minor, and beneficial because it protected the public from confusing last minute changes. Rather, the Court found the statute to be an impermissible violation of the First Amendment’s protection of “discussion of candi*366dates, structures and forms of government, the manner in which government is operated or should be operated, and all such matters relating to political processes.” Mills, supra, 384 U.S. 218-19, 86 S.Ct. 1437.
Similarly, in Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 94 S.Ct. 2831, 41 L.Ed.2d 730 (1974) a unanimous Supreme Court held unconstitutional Florida’s law imposing upon newspapers an obligation to grant political candidates the right to reply to editorials attacking the candidate’s character. Although the Court recognised the desirability of a responsible press, the Court reasoned that press responsibility cannot be legislated by governmental intrusion into the editorial process.
In the instant case, as in Mills, supra, and Miami Herald, supra, the asserted state purpose for limiting political expression is not compelling and is equally violative of the First Amendment. Although § 3234 regulates political advertisements, as opposed to political editorials as in Mills, supra, and Miami Herald, supra, this does not in any way dilute the First Amendment protections afforded such expression. The courts have “never suggested that the dependence of a communication on the expenditure of money operates itself to introduce a nonspeech element or to reduce the exacting scrutiny required by the First Amendment.” Buckley, supra, 96 S.Ct. at 633. See also N.Y. Times Co. v. Sullivan, supra. Finally, while a correctly and fully informed electorate, like a responsible press, is a desirable goal, the state may not legislate an objectively informed electorate by burdening the exercise of First Amendment rights. Because no compelling state interest supports § 3234’s regulation of First Amendment rights, there is no need to determine whether a less restrictive alternative would have effectuated the Commonwealth’s purpose. Without a compelling state interest as a justification, the Commonwealth’s purpose in the regulation is unconstitutional.
I find that § 3234 of the Election Code does not prohibit reply advertisements and that the statute is an unconstitu*367tional regulation of First Amendment rights. Accordingly, I concur and would vacate appellant’s sentence.
CERCONE, J., joins part I of this concurring opinion.. Act of June 3, 1937, P.L. 1333, art. XVI, § 1614, added 1972, P.L. 1658, No. 353, § 1; 25 P.S. § 3234 (Supp. 1977-78) provides:
“(a) 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 forty-eight hours immediately prior to an elec*356tion or published in a weekly newspaper or periodical during the eight 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.
“(b) The reasonable notice referred to in subsection (a) of this section 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.
“(c) Any person, firm or corporation, political committee or party or member thereof, violating any of the provisions of this section shall, upon summary conviction, be sentenced to pay a fine not exceeding three hundred dollars ($300) and costs of prosecution and, in default of the payment thereof, shall be sentenced to undergo imprisonment for not more than thirty (30) days.”
.
REPUBLICANS
UPPER PROVIDENCE VOTERS - PULL LEVER 15A
SUPPORT LARRY D’ANTONIO FOR SUPERVISOR
THE MYTHS, FACTS, AND REALITIES OF THIS ELECTION
BUILDING CODE LAW SUIT:
MYTH.......Mr. Hanlon’s statement that ’’Judge Toal can put me in jail” has surface popularity, but will not stop the lawsuit
FACT.......Upper Providence citizens are being sued for One Million Dollars in damages because of James R. Hanlon's recalcitrance.
The Township Building Code is in reality an Ordinance Without Teeth! When the Township seeks to enforce the Building Code against a builder, it must do so in accordance with the principle of due process of law. Under our system of justice, due process is what the Courts say it is, and NOT what Mr. Hanlon says it is.
Resident ho/neowners and builders alike, want balanced development in the Township and a code that specifies the rights and duties of all concerned.
REALITY---- Political expediency is expensive, and it does not solve the need for a meaningful Building Code. It also does not allow for balanced development of Upper Providence Township.
BUDGET PROBLEMS:
MYTH.......Mr. Hanlon says the Township will have a budget surplus and will avoid any increase in faxes.
FACT.......There will be a 1975 deficit in the budget. This is called Deficit Spending! Increased taxes, Township borrowing, or continued depletion of assets are the only solutions open to balance the Township budget.
REALITY.....A 10 mill tax increase will be required to offset the deficit and balance the budget as required by law. Only a taxpayer lawsuit can prevent any further withdrawals or depletions of encumbered Township assets.
SEWER TAX PROBLEM:
MYTH.......Mr. Hanlon's message of ’’Improved fiscal Accountability" claims users are receiving a lower sewer rate.
FACT.......In the fiscal year, 1974, a transfer of *20,000.00 was made from the escrow Sewer Account to the General Fund to help offset a budget deficit. One portion of this transfer occurred during the first three months of the 1974 fiscal year in violation of the Second Class Township Code.
REALITY.....All sewer users who will check their bills for the last two years will find a large increase inspite of Mr. Hanlon’s statement that ’’Sewer Rates Are Cheaper".
In reality, sewer users are subsidizing the General Fund.
MESSAGE
Republicans give your support and vote to the new County Republican Team.
Township Voters, .support Dewey LaRosa for District Judge and Evelyn Gay for Auditor. Voters permit our Supervisors to govern in the interest of ALL the residents of our Township.
Vote LARRY D’ANTONIO FOR SUPERVISOR!
Pull the Big 2nd Lever. The PUSH UP KEY 15B - PULL DOWN KEY ISA ~ ELECT D’ANTONIO SUPERVISOR!
Paid for by Republicans for O'Antonio Committee Cal Reed & Bob Stahl • Co-Chairra'tn
.
UPPER PROVIDENCE VOTERS
A statement from your
SUPERVISOR JAMES R. HANLON
A stotemeat has boon Issued on township fisco! matters by supporters of the Democratic candidato.
1. They claim there will be a deficit this yeor requiring o 10-mill Increase. This statement Insults the inte'llgenco of the voter. The entire township mlMoge Is now 11 mills and to suggest there will be almost e 100 per cent deficit Is ludicrous. Actually, there will be a modest surplus at the end of tne year. The township has net borrowed and will not borrow. Their statement indicates t lock of knowledge of the township.
2. They mention o $20,000 transfer to the general fund In 1974. H is standard. good fiscal practice to borrow temporarily from one fund until red estate taxes come in for the general fund. The alternative would be borrowing from e j bank and paying Interest.
3. They State that monies hove been drown from escrow accounts. This shows tholr lock of knowledge ond intent to deceive. The township has no escrow ectewets.
4. They cfelfn there were withdrawals from time accounts. Agen they lack ffneetlel understanding When revenues such os ‘ha real estate taxes are received they are deposited into rime accounts corn rnteresf later they ere transferred bt+o check lay occounts to pay current oparatmg expenses To deposit rovenues dlreflfy into checking accounts would be foolish and a waste of tee-payers mangy.
Finally, let me state that the township s books were audited by the auditors m February 1975 end o full report was filed with and approved by the Democratic administration in Harrisburg.
PULL LEVER 15B
JAMBS R. HANLON, incumbent torSUPERVISOR
(Paid For By Republicans For J. R Hanlon)
. See 25 P.S. § 3234(c) supra. The statute is clearly penal in character. See Pa.R.Crim.P. 3(k), 19 P.S. Appendix. See also Lower Merion Township v. Schenck, 247 Pa.Super. 494, 372 A.2d 934 (1977).
. 25 P.S. § 3234(a) provides that notice must be given: “. . .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.”
25 P.S. § 3234(b) provides that notice must be given: “. . .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.”
. Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969); Schenk v. United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470 (1919).
. Cox v. New Hampshire, 312 U.S. 569, 61 S.Ct. 762, 85 L.Ed. 1049 (1941).
. Adderley v. Florida, 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149 (1966).
. Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942).
. Rowan v. Post Office Dept., 397 U.S. 728, 90 S.Ct. 1484, 25 L.Ed.2d 736 (1970).
. Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976).
. Jenness v. Fortson, 403 U.S. 431, 91 S.Ct. 1970, 29 L.Ed.2d 554 (1971).
. Rosario v. Rockefeller, 410 U.S. 752, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973).
. Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973); Civil Service Comm’n v. Letter Carriers, 413 U.S. 458, 93 S.Ct. 2880, 37 L.Ed.2d 796 (1973).