Senate Bill No. 592
(By Senator Oliverio)
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[Introduced March 18, 2005; referred to the Committee
on the Judiciary.]
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A BILL to repeal §3-8-5c of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-8-1, §3-8-2, §3-8-3, §3-8-4,
§3-8-5, §3-8-5a, §3-8-5f, §3-8-8, §3-8-9 and §3-8-12 of said
code; and to amend and reenact §3-9-15 of said code, all
relating to the regulation and control of political campaign
contributions, receipts and expenditures.
Be it enacted by the Legislature of West Virginia:
That §3-8-5c of the Code of West Virginia, 1931, as amended,
be repealed; that §3-8-1, §3-8-2, §3-8-3, §3-8-4, §3-8-5, §3-8-5a,
§3-8-5f, §3-8-8, §3-8-9 and §3-8-12 of said code be amended and
reenacted; and that §3-9-15 of said code be amended and reenacted,
all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1. Provisions to regulate and control elections.
(a) Political campaign contributions, receipts and
expenditures of money, advertising, influence and control of
employees, and other economic, political and social control factors incident to primary, special and general elections shall be
regulated and controlled by the provisions of this article and
other applicable provisions of this chapter.
b) Unless the context clearly requires a different meaning,
for the purposes of this article:
(1) The term "candidate" means an individual who has filed a
certificate of announcement pursuant to the provisions of section
seven, article five of this chapter or a municipal charter; has
filed declaration of candidacy pursuant to the provisions of
section twenty-three, article five; has been named to fill a
vacancy on a ballot; or has declared a write-in candidacy or
otherwise publicly declared his or her intention to seek nomination
or election to a state, district, county or municipal office or
party office to be filled at any primary, general or special
election.
(2) The term "candidate's committee" means a political
committee established with the approval of or in cooperation with
one precandidate or candidate to explore the possibilities of
seeking a particular office and/or to advocate his or her
nomination or election to an office in one election cycle. If a
candidate directs or influences the activities of more than one
committee, those committees shall be considered one committee for
the purpose of contribution limits.
(3) The term "contribution" means a gift subscription,
assessment, payment for services, dues, advance, donation, pledge,
contract, agreement, forbearance or promise of money or other tangible thing of value, whether or not conditional or legally
enforceable, or a transfer of money or other tangible thing of
value to a person, made for the purpose of influencing the
nomination, election or defeat of a candidate. An offer or tender
of a contribution is not a contribution if expressly and
unconditionally rejected or returned. A contribution does not
include volunteer personal services provided without compensation.
(4) The term "executive or administrative personnel" means
individuals employed by a corporation who are paid on a salary
rather than hourly basis and who have policy-making, managerial,
professional or supervisory responsibilities.
(5) The term "families" means spouses and unemancipated
children.
(6) The term "financial agent" means an individual designated
to act on behalf of a precandidate, candidate or candidate's
committee to conduct the financial transactions of the
precandidate, candidate or candidate's committee.
(7) The term "financial transactions" includes all
contributions or loans received and all repayments of loans or
expenditures made to promote the candidacy of any person by any
candidate or any organization advocating or opposing the
nomination, election or defeat of any candidate to be voted on.
(8) The term "fund-raising event" means an event such as a
dinner, reception, testimonial, cocktail party, auction or similar
affair through which contributions are solicited or received by
such means as the purchase of a ticket, payment of an attendance fee or by the purchase of goods or services.
(9) The term "independent expenditure" means an expenditure
made by a person other than a candidate or candidate's committee
for a communication which expressly advocates the election or
defeat of a clearly identified candidate but which is made
independently of a candidate's campaign and which has not been made
with the cooperation or consent of, or in consultation with, or at
the request or suggestion of, any candidate or any of his or her
agents or authorized committees. An expenditure which does not meet
the criteria for independence established in this subdivision is
considered a contribution.
(10) The term "membership organization" means a group that
grants bona fide rights and privileges, such as the right to vote,
to elect officers or directors, and the ability to hold office, to
its members, and which uses a majority of its membership dues for
purposes other than political purposes. This term shall not
include organizations that grant membership upon receiving a
contribution.
(11) The term "person" means an individual, partnership,
committee, association, corporation, and any other organization or
group of persons.
(12) The term "political committee" means an association of
persons, an organization of any kind, or any two or more persons
acting together, wholly or in part, to receive or expend money or
other thing of value for political purposes. This definition
includes, but is not limited to, political party executive committees, other committees operating in conjunction with a
political party or using a political party name, political action
committees and any other organizations, whether temporarily or
permanently established, using any portion of their funds for
political purposes. This definition shall not include family
members or members of a partnership acting together to make joint
or individual contributions to a candidate or political committee.
(13) The term "political purposes" means advocating or
opposing the nomination, election or defeat of one or more
candidates, determining the advisability of becoming a candidate
under the precandidacy financing provisions, supporting the
retirement of the debt of a candidate or participating in
activities of an established political party or an organization
which has declared itself a political party, or supporting the
administration or activities of a political committee.
(14) The term "precandidate" means, for the purpose of this
rule, an individual who has filed a precandidacy statement pursuant
to the provisions of section five-e, of this article but has not
yet filed a certificate of announcement or declaration of
candidacy.
(15) The term "treasurer" means an individual designated to
act on behalf of a political committee to conduct the financial
transactions of the committee.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except candidates for party committeemen and committeewomen, in primary and other elections and federal
committees required to file under the provisions 2 U.S.C. §434, all
candidates for nomination or election and all persons or
organizations of any kind advocating or opposing a nomination,
election or defeat of any candidate shall keep records of receipts
and expenditures which are made for political purposes. All of the
receipts and expenditures are subject to regulation by the
provisions of this article. Verified financial statements of the
records and expenditures shall be made and filed as public records
by all candidates and by their financial agents, representatives or
any person acting for and on behalf of any candidate and by the
treasurers of all political party committees.
(b) In addition to any other reporting required by the
provisions of this chapter, any independent expenditure in the
amount of one thousand dollars or more for any statewide,
legislative or multicounty judicial candidate or in the amount of
five hundred dollars or more for any county office, single-county
judicial candidate, committee supporting or opposing a candidate on
the ballot in more than one county, any municipal candidate on a
municipal election ballot, which is made after the eleventh day but
more than twelve hours before the day of any election shall be
reported, on a form prescribed by the secretary of state, within
twenty-four hours after the expenditure is made or debt is incurred
for a communication, to the secretary of state by hand-delivery,
facsimile or other means to assure receipt by the secretary of
state within the 24-hour period.
(c) For purposes of this section, "independent expenditure"
means an expenditure made by a person other than a candidate or
committee for a communication which expressly advocates the
election or defeat of a clearly identified candidate but which is
made independently of a candidate's campaign and which has not been
made with the cooperation or consent of, or in consultation with,
or at the request or suggestion of, any candidate or any of his or
her agents or authorized committees. An expenditure which does not
meet the criteria for independence established in this subsection
is considered a contribution.
(d) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committee.
§3-8-3. Committee treasurers; required to receive and disburse
funds.
Every political
party committee shall appoint and retain a
treasurer to receive, keep and disburse all sums of money which may
be collected or received by such committee, or by any of its
members, for election expenses, and, unless such treasurer is first
appointed and thereafter retained, it shall be unlawful for any
such committee or any of its members to collect, receive or
disburse money for any such purposes. All moneys collected or
received by any such committee, or by any of its members, for
election expenses, shall be paid over to, and pass through the
hands of, the treasurer, and shall be disbursed by him
or her, and it shall be unlawful for any such committee, or any of its members,
to disburse any money for election expenses unless such money shall
be paid to, and disbursed by, the treasurer. The same person may
be designated to act as treasurer for two or more political
party
committees.
§3-8-4. Treasurers and financial agents; written designation
requirements; "person" and "financial agent" defined.
(a) No person shall act as the treasurer of any political
committee, or as financial agent for any candidate for nomination
or election to any office to be filled by the voters of the entire
state, or candidates for nomination or election for any office,
encompassing an election district larger than a county, or
candidates for nomination for legislative office, or any person or
organization advocating or opposing the nomination, election or
defeat of any candidate, encompassing an election district larger
than a county, unless a written statement designating him or her as
the treasurer or financial agent is filed with the Secretary of
State
at least twenty-eight days before the election at which he or
she is to act and must be received before midnight, eastern
standard time, of that day or if mailed, shall be postmarked before
that hour: within five days of being appointed: Provided, That a
change of treasurer may be made at any time by filing a written
statement with the Secretary of State.
(b) No person shall act as treasurer of any committee or as
financial agent for any candidate to be nominated or elected by the
voters of a county or a district therein, except legislative candidates, or as the treasurer or financial agent for a candidate
for the nomination or election to any other office, unless a
written statement designating him or her as the treasurer or
financial agent is filed with the clerk of the county commission
at
least twenty-eight days before the election at which he or she is
to act and must be received before midnight, eastern standard time,
of that day or if mailed, shall be postmarked before that hour:
within five days of being appointed: Provided, That a change of
treasurer may be made at any time by filing a written statement
with the clerk of the county commission.
(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, a filing designating a treasurer or financial
agent for a state or county political executive committee may be
made anytime before the committee either accepts or spends funds on
behalf of the committee. Once a designation is made by a state or
county political executive committee, no additional designations
are required under this section until a successor treasurer or
financial agent is designated. A state or county political
executive committee may terminate a designation made pursuant to
this section by making a written request to terminate the
designation and by stating in the request that the committee has no
funds remaining in the committee's account. This written request
shall be made with either the Secretary of State or the clerk of
the county commission as provided by subsections (a) and (b) of
this section.
(d) As used in this article:
The term "person" means an individual, partnership, committee,
association, corporation, and any other organization or group of
persons; and
The term "financial agent" means any person acting for and by
himself or herself, or any two or more natural persons acting
together or cooperating in a financial way to aid or take part in
the nomination or election of any candidate for public office, or
to aid or promote the success or defeat of any political party or
principle at any election, or any proposition submitted to a vote
at a public election.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate, financial agent, person and association
of persons, organization of any kind, including every corporation,
directly or indirectly, supporting a political committee
established pursuant to paragraph (C), subdivision (1), subsection
(b), section eight of this article or engaging in other activities
permitted by this section and also including the treasurer or
equivalent officer of the association or organization, advocating
or opposing the nomination, election or defeat of any candidate,
and the treasurer of every political party committee shall keep
detailed accounts of every sum of money or other thing of value
received by him or her, including all loans of money or things of
value, and of all expenditures and disbursements made, liabilities
incurred, by the candidate, financial agent, person, association or
organization or committee, for political purposes, or by any of the officers or members of the committee, or any person acting under
its authority or on its behalf.
(b) Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized sworn statement,
according to the following provisions and times:
(1) On the last Saturday in March or within six days
thereafter, and annually whenever the total of all financial
transactions relating to an election exceed five hundred dollars a
statement which shall include all financial transactions which have
taken place by the date of that statement, subsequent to any
previous statement filed within the previous five years under this
section;
(2) Not less than ten nor more than seventeen days preceding
each primary or other election, a statement which shall include all
financial transactions which have taken place by the date of the
statement, subsequent to the previous statement, if any;
(3) Not less than twenty-five nor more than thirty-one days
after each primary or other election, a statement which shall
include all financial transactions which have taken place by the
date of the statement, subsequent to the previous statement; and
(4) On the first Saturday in September or within six days
thereafter, preceding the general election day whenever the total
of all financial transactions relating to an election exceed five
hundred dollars or whenever any loans are outstanding, a statement
which shall include all financial transactions which have taken place by the date of the statement, subsequent to the previous
statement.
(c) Every person who shall announce as a write-in candidate
for any elective office and his or her financial agent or election
organization of any kind shall comply with all of the requirements
of this section after public announcement of the person's candidacy
has been made.
(d)
For purposes of this section, the term "financial
transactions" includes all contributions or loans received and all
repayments of loans or expenditures made to promote the candidacy
of any person by any candidate or any organization advocating or
opposing the nomination, election or defeat of any candidate to be
voted on. In addition to any other reporting required by the
provisions of this chapter, any independent expenditure in the
amount of one thousand dollars or more for any statewide,
legislative or multicounty judicial candidate or in the amount of
five hundred dollars or more for any county office, single-county
judicial candidate, committee supporting or opposing a candidate on
the ballot in more than one county, any municipal candidate on a
municipal election ballot, which is made after the eleventh day but
more than twelve hours before the day of any election shall be
reported, on a form prescribed by the Secretary of State, within
twenty-four hours after the expenditure is made or debt is incurred
for a communication, to the Secretary of State by hand-delivery,
facsimile or other means to assure receipt by the Secretary of
State within the twenty-four hour period.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of
this article shall contain only the following information:
(1) The first name, middle initial, if any, and last name,
residence and mailing address and telephone number of each
candidate, financial agent, treasurer or person, and the full name,
address and telephone number of each association, organization or
committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at
the beginning and the end of the period covered by the financial
statement.
(3) The first name, middle initial, if any, and the last name
in the case of an individual, and the full name of each firm,
association or committee, and the amount of such contribution of
such individual, firm, association or committee, and, if the
aggregate of the sum or sums contributed by any one such
individual, firm, association or committee exceeds two hundred
fifty dollars, there shall also be reported the residence and
mailing address and, in the case of an individual, the major
business affiliation and occupation. A contribution totaling more
than fifty dollars of currency of the United States or currency of
any foreign country by any one contributor is prohibited and a
violation of this provision is subject to section five-d of this
article. The report on which contributions required by this
subdivision shall not distinguish between contributions made by
individuals and contributions made by firms, associations or committees.
(4) The total amount of contributions received during the
period covered by the financial statement.
(5) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual or the full name
and mailing address of each lending institution making a loan or of
the spouse cosigning a loan, as appropriate, the amount of any loan
received, the date and terms of the loan, including the interest
and repayment schedule, and a copy of the loan agreement.
(6) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual or the full name
and mailing address of each firm, association or committee having
previously made or cosigned a loan for which payment is made or a
balance is outstanding at the end of the period, together with the
amount of repayment on the loan made during the period and the
balance at the end of the period.
(7) The total outstanding balance of all loans at the end of
the period.
(8) The first name, middle initial, if any, and the last name,
residence and mailing address of any individual, or the full name
and mailing address of each firm, association or committee to whom
each expenditure was made or liability incurred, together with the
amount and purpose of each expenditure or liability incurred and
the date of each transaction.
(9) The total expenditure for the nomination, election or
defeat of a candidate or any person or organization advocating or opposing the nomination, election or defeat of any candidate,
or
the passage or defeat of any issue, thing or item to be voted upon,
in whose behalf an expenditure was made or a contribution was given
for the primary or other election.
(10) The total amount of expenditures made during the period
covered by the financial statement.
(b) Any unexpended balance at the time of making the financial
statements herein provided for shall be properly accounted for in
that financial statement and shall appear as a balance in the next
following financial statement.
(c) Each financial statement required by this section shall
contain a separate section setting forth the following information
for each fund-raising event held during the period covered by the
financial statement:
(1) The type of event, date held, and address and name, if
any, of the place where the event was held.
(2) All of the information required by subdivision (3),
subsection (a) of this section.
(3) The total of all moneys received at the fund-raising
event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising
agency or other disbursing person who does not file a report of
detailed accounts and verified financial statements as required in
this section, such lump sum expenditures shall be accounted for in the same manner as provided
for herein.
(e) Any contribution or expenditure made by or on behalf of a
candidate for public office, to any other candidate, or committee
for a candidate for any public office in the same election shall be
accounted for in accordance with the provisions of this section.
(f) No person, firm, association or committee may make any
contribution except from their own funds, unless such person, firm,
association or committee discloses in writing to the person
required to report under this section the first name, middle
initial, if any, and the last name in the case of an individual, or
the full name in case of a firm, association or committee,
residence and mailing address and the major business affiliation
and occupation of the person, firm, association or committee which
furnished the funds to such contributor. All such disclosures
shall be included in the statement required by this section.
(g) Any firm, association, committee or fund permitted by
section eight of this article to be a political committee shall
disclose on the financial statement its corporate or other
affiliation.
(h) No contribution may be made, directly or indirectly, in a
fictitious name, anonymously or by one person through an agent,
relative or other person so as to conceal the identity of the
source of the contribution or in any other manner so as to effect
concealment of the contributor's identity.
(i) No person, firm, association or committee may accept any
contribution for the purpose of influencing the nomination, election or defeat of a candidate
or for the passage or defeat of
any issue or thing to be voted upon unless the identity of the
donor and the amount of the contribution is known and reported.
(j) When any candidate, organization, committee or person
receives any anonymous contribution which cannot be returned
because the donor cannot be identified, that contribution shall be
donated to the General Revenue Fund of the state. Any anonymous
contribution shall be recorded as such on the candidate's financial
statement, but may not be expended for election expenses. At the
time of filing, the financial statement shall include a statement
of distribution of anonymous contributions, which total amount
shall equal the total of all anonymous contributions received
during the period.
(k) Any membership organization which raises funds for
political purposes by payroll deduction assessing them as part of
its membership dues or as a separate assessment may report the
amount raised as follows:
(1) If the portion of dues or assessments designated for
political purposes equals twenty-five dollars or less per member
over the course of a calendar year, the total amount raised for
political purposes through membership dues or assessments during
the period is reported by showing the amount required to be paid by
each member and the number of members.
(2) If the total payroll deduction for political purposes of
each participating member equals twenty-five dollars or less over
the course of a calendar or fiscal year, as specified by the organization, the organization shall report the total amount
received for political purposes through such payroll deductions
during the reporting period, and to the maximum extent possible,
the amount of each yearly payroll deduction contribution level and
the number of members contributing at each such specified level.
The membership organization shall maintain records of the name and
yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization
through individual voluntary contributions by means other than
payroll deduction, membership dues, or assessments as provided in
this subsection, the reporting requirements of subdivision (3),
subsection (a) of this section shall apply. Funds raised for
political purposes must be segregated from the funds for other
purposes and listed in its report.
(l) For purposes of this section:
(1) "Political purposes" means advocating or opposing the
nomination, election or defeat of one or more candidates,
supporting the retirement of the debt of a candidate or activities
of an established political party or an organization which has
declared itself a political party, supporting the administration or
activities of a political committee or advocating or opposing the
passage of a ballot issue.
(2) "Membership organization" means a group that grants bona
fide rights and privileges, such as the right to vote, to elect
officers or directors, and the ability to hold office, to its
members, and which uses a majority of its membership dues for purposes other than political purposes. This term shall not
include organizations that grant membership upon receiving a
contribution.
(3) "Fund-raising event" means an event such as a dinner,
reception, testimonial, cocktail party, auction or similar affair
through which contributions are solicited or received by such means
as the purchase of a ticket, payment of an attendance fee or by the
purchase of goods or services.
(m) (l) Notwithstanding the provisions of section five of this
article or of the provisions of this section to the contrary, an
alternative reporting procedure may be followed by a political
party executive committee or a political action committee
representing a political party in filing financial reports for
fund-raising events if the total profit does not exceed five
thousand dollars per year. A political party executive committee
or a political action committee representing a political party may
report gross receipts for the sale of food, beverages, services,
novelty items,
raffle tickets or memorabilia, except that any
receipt of more than fifty dollars from an individual or
organization shall be reported as a contribution. A political
party executive committee or a political action committee
representing a political party using this alternative method of
reporting shall report: (i) The name of the committee; (ii) the
type of fund-raising activity undertaken; (iii) the location where
the activity occurred; (iv) the date of the fund raiser; (v) the
name of any individual who contributed more than fifty dollars worth of items to be sold; (vi) the name and amount received from
any person or organization purchasing more than fifty dollars worth
of food, beverages, services, novelty items,
raffle tickets or
memorabilia; (vii) the gross receipts of the fund raiser; and
(viii) the date, amount, purpose and name and address of each
person or organization from whom items with a fair market value of
more than fifty dollars were purchased for resale.
§3-8-5f. Loans to candidates, organizations or persons for
election purposes.
(a) No candidate, financial agent, person or association of
persons or organization advocating or opposing the nomination or
election of any candidate
or the passage or defeat of any issue or
item to be voted upon may receive any money or any other thing of
value as a loan toward election expenses except from the candidate,
his or her spouse or a lending institution. All loans shall be
evidenced by a written agreement executed by the lender, whether
the candidate, his or her spouse, or the lending institution. Such
agreement shall state the date and amount of the loan, the terms,
including interest and repayment schedule, and a description of the
collateral, if any, and the full names and addresses of all parties
to the agreement. A copy of the agreement shall be filed with the
financial statement next required after the loan is executed.
(b) Loans may only be made in the regular course of business
by a lending institution which is a state bank, a federally
chartered depository institution (including a national bank) or a
depository institution whose deposits are insured by the federal deposit insurance corporation or the national credit union
administration. Such loans shall be subject to the following
requirements:
(1) Endorsements or guarantees of such loans may be made by
the candidate or his or her spouse;
(2) Endorsements or guarantees of such loans by parties other
than the candidate or his or her spouse may be made only to the
extent of the contribution limits established in this article; and
(3) No other form of security shall be furnished in connection
with such loans by any party other than the candidate or his or her
spouse.
(c) The provisions of this section shall not be construed to
prohibit a candidate or his or her spouse from lending money to the
candidate or to the candidate's political committee:
Provided,
That the spouse of a candidate may not borrow money from a third
party other than a lending institution authorized to make loans
under this section for the purposes of lending money to the
candidate or the candidate's political committee.
§3-8-8. Corporation contributions forbidden; exceptions;
penalties; promulgation of rules; additional powers
of State Election Commission.
(a) No officer of any corporation, or agent or person on
behalf of such corporation, whether incorporated under the laws of
this or any other state, or foreign country, shall pay, give or
lend, or authorize to be paid, given or lent, any money or other
thing of value belonging to such corporation, to any candidate, financial agent or political committee or other person, for the
payment of any primary or other election expenses whatever. No
person shall solicit or receive such payment, contribution or other
thing from any corporation, officer or agent thereof, or other
person acting on behalf of such corporation.
(b) (1) The provisions of this section shall not be deemed to
prohibit:
(A) Direct communications, other than by newspapers of general
circulation, radio, television or billboard advertising likely to
reach the general public, by a corporation to its stockholders and
executive or administrative personnel and their families on any
subject;
(B) Nonpartisan registration and get-out-the-vote campaigns by
a corporation
aimed at its stockholders and executives or
administrative personnel and their families; and or a separate
segregated fund established by such corporation, to make two
written solicitations for contributions during the calendar year
from any stockholder, executive or administrative personnel, or
employee of a corporation or the families of such persons. A
solicitation under this subparagraph may be made only by mail
addressed to stockholders, executive or administrative personnel,
or employees at their residence;
(C) A membership organization, cooperative, corporation
without capital stock, or a separate segregated fund established by
a membership organization, cooperative, or corporation without
capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without
capital stock;
(D) A trade association or a separate segregated fund
established by a trade association from soliciting contributions
from the stockholders and executive or administrative personnel of
the member corporations of such trade association and the families
of such stockholders or personnel to the extent that such
solicitation of such stockholders and personnel, and their
families, has been separately and specifically approved by the
member corporation involved;
(C) (E) The
establishment, administration, and solicitation of
contributions to a separate segregated fund to be utilized for
political purposes by any corporate officer, agent or any person on
behalf of a corporation. Any such fund shall be deemed to be a
political committee for the purpose of this article and subject to
all reporting requirements thereof.
(2) It shall be unlawful:
(A) For such a fund to make a contribution or expenditure by
utilizing money or anything of value secured by physical force, job
discrimination, financial reprisal or the threat of force, job
discrimination or financial reprisal, or as a condition of
employment, or by moneys obtained in any commercial transaction;
(B) For any person soliciting a stockholder, executive or
administrative personnel and members of their family for a
contribution to such fund to fail to inform such person of the
political purposes of such fund at the time of such solicitation;
(C) For any person soliciting any other person for a
contribution to such a fund to fail to inform such other person at
the time of such solicitation of his
or her right to refuse to so
contribute without any reprisal;
(D) For a corporation, or a separate segregated fund
established by a corporation to solicit contributions to such a
fund from any person other than its stockholders and their families
and its executive or administrative personnel and their families or
to contribute any corporate funds,
except as provided by
subdivision (1), subsection (b) of this section;
(E) For a corporation, or a separate segregated fund
established by a corporation to receive contributions to such a
fund from any person other than its stockholders and their
immediate families and its executive or administrative personnel
and their immediate families;
(F) For a corporation to engage in job discrimination or to
discriminate in job promotion or transfer because of an employee's
failure to make a contribution to such fund;
(G) For
such a
separated segregated fund directly or
indirectly to make any contribution in excess of the value of one
thousand dollars in connection with any campaign for nomination or
election to or on behalf of any elective office in the state or any
of its subdivisions, or in connection with or on behalf of any
committee or other organization or person engaged in furthering,
advancing or advocating the nomination or election of any candidate
for any such office; and
(H) For a corporation to pay, give or lend, or authorize to be
paid, given or lent, any moneys or other things of value belonging
to such corporation to such fund for any purpose. This provision
shall not be deemed to prohibit such a fund from using the
property, real or personal, facilities, and equipment of a
corporation solely to establish, administer, and solicit
contributions to the fund, subject to the rules
and regulations of
the State Election Commission as provided in subsection (d) of this
section:
Provided, That such corporation shall also permit any
group of employees thereof represented by a bona fide political
action committee to use the real property of such corporation
solely to establish, administer and solicit contributions to the
fund of such political action committee, subject to the rules
and
regulations of the State Elections Commission as provided in
subsection (d) of this section. No such property, real or
personal, facilities, equipment, materials or services of a
corporation shall be utilized for the purpose of influencing any
voter or voters to vote for a particular candidate, or in any
particular manner,
or upon any particular side of any question to
be decided at any election, or to influence the result of any such
election.
(I) Public utility companies and railroad companies may not
form funds or political action committees in support of political
candidates or parties, and may not use corporate property, real or
personal, facilities, equipment, materials or services of said
utility to establish, administer or solicit contributions to such fund or political action committee.
(3) For the purposes of this section, the term "executive or
administrative personnel" means individuals employed by a
corporation who are paid on a salary rather than hourly basis and
who have policy making, managerial, professional or supervisory
responsibilities.
(c) Any person or corporation violating any provision of this
section shall be guilty of a misdemeanor and, on conviction, shall
be fined not more than five thousand dollars. No corporation shall
reimburse any person the amount of any such fine imposed pursuant
to this section.
(d) The State Election Commission shall promulgate rules
and
regulations to implement the provisions of this section, which
rules
and regulations, insofar as practicable, shall be the same as
the rules
and regulations promulgated by the Federal Election
Commission to carry out those provisions of 2 USC Sec. 441b which
are similar or identical to those provisions contained in this
section in order that the provisions of this section and the
regulations promulgated thereunder and the similar provisions of 2
USC Sec. 441b and the regulations promulgated thereunder may be
uniformly administered and applied to corporations subject to the
cited section of the Federal Election Campaign Act Amendments of
1976 and to this section. The State Election Commission shall
promulgate such rules
and regulations not later than sixty days
after the effective date of this subsection and in doing so shall
be governed by the provisions of article three, chapter twenty-nine-a of this code.
(e) In addition to its powers and duties as set forth in
article one-a of this chapter, the State Election Commission shall
have the following powers and duties:
1. To investigate, upon complaint or on its own initiative,
any alleged violations or irregularities of this article.
2. To administer oaths and affirmations, issue subpoenas for
the attendance of witnesses, issue subpoenas duces tecum to compel
the production of books, papers, records and all other evidence
necessary to any investigation.
3. To involve the aid of any circuit court in the execution
of its subpoena power.
4. To report any alleged violations of this article to the
appropriate prosecuting attorney having jurisdiction, which
prosecuting attorney shall present to the grand jury such alleged
violations, together with all evidence relating thereto, no later
than the next term of court after receiving the report.
It shall be the duty of the Attorney General to provide such
legal and investigative assistance to the State Election Commission
as it may request and require.
Any investigation either upon complaint or initiative, shall
be conducted in an executive session of the State Election
Commission and shall remain undisclosed except upon an indictment
by a grand jury.
Any person who shall disclose the fact of any complaint,
investigation or report or any part thereof, or any proceedings thereon, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than one thousand dollars, nor
more than five thousand dollars, and shall be imprisoned in
the
county jail not less than six months nor more than one year.
§3-8-9. Lawful and unlawful election expenses; public opinion
polls and limiting their purposes; limitation upon
expenses; use of advertising agencies and reporting
requirements; delegation of expenditures.
(a) No candidate, financial agent or treasurer of a political
party committee shall pay, give or lend, either directly or
indirectly, any money or other thing of value for any election
expenses, except for the following purposes:
(1) For rent, maintenance, office equipment and other
furnishing of offices to be used as political headquarters and for
the payment of necessary clerks, stenographers, typists, janitors
and messengers actually employed therein;
(2) In the case of a candidate who does not maintain a
headquarters, for reasonable office expenses, including, but not
limited to, filing cabinets and other office equipment and
furnishings, computers, computer hardware and software, scanners,
typewriters, calculators, audio visual equipment, the rental of the
use of the same, or for the payment for the shared use of same with
the candidate's business and for the payment of necessary clerks,
stenographers and typists, actually employed;
(3) For printing and distributing books, pamphlets, circulars
and other printed matter and radio and television broadcasting and painting, printing and posting signs, banners and other
advertisements, including contributions to charitable, educational
or cultural events, for the promotion of the candidate, the
candidate's name or an issue on the ballot;
(4) For renting and decorating halls for public meetings and
political conventions, for advertising public meetings, and for the
payment of traveling expenses of speakers and musicians at such
meetings;
(5) For the necessary traveling and hotel expenses of
candidates, political agents and committees, and for stationery,
postage, telegrams, telephone, express, freight and public
messenger service;
(6) For preparing, circulating and filing petitions for
nomination of candidates;
(7) For examining the lists of registered voters, securing
copies thereof, investigating the right to vote of the persons
listed therein and conducting proceedings to prevent unlawful
registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and
television broadcasting of documents, articles, speeches, arguments
and any information relating to any political issue, candidate or
question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the
purpose of this section, the phrase "conducting of public opinion
poll or polls" shall mean and be limited to the gathering, collection, collation and evaluation of information reflecting
public opinion, needs and preferences as to any candidate, group of
candidates, party, issue or issues. No such poll shall be
deceptively designed or intentionally conducted in a manner
calculated to advocate the election or defeat of any candidate or
group of candidates or calculated to influence any person or
persons so polled to vote for or against any candidate, group of
candidates, proposition or other matter to be voted on by the
public at any election:
Provided, That nothing herein shall
prevent the use of the results of any such poll or polls to
further, promote or enhance the election of any candidate or group
of candidates or the approval or defeat of any proposition or other
matter to be voted on by the public at any election;
(11) For legitimate advertising agency services, including
commissions, in connection with any campaign activity for which
payment is authorized by subdivisions (3), (4), (5), (6), (7), (9)
and (10) of this subsection;
(12) For the purchase of memorials, flowers or citations by
political party executive committees or political action committees
representing a political party;
(13) For the purchase of nominal noncash expressions of
appreciation following the close of the polls of an election or
within thirty days thereafter;
(14) For the payment of dues or subscriptions to any national,
state or local committee of any political party; and
(15) For contributions to a county party executive committee, state party executive committee or a state party legislative caucus
political committee.
(b) Every liability incurred and payment made shall be at a
rate and for a total amount which is proper and reasonable and
fairly commensurate with the services rendered.
(c) Every advertising agency subject to the provisions of this
article shall file, in the manner and form required by section
five-a of this article, the financial statements required by
section five of this article at the times required therein and
include therein, in itemized detail, all receipts from and
expenditures made on behalf of a candidate, financial agent or
treasurer of a political party committee.
(d) Any candidate may designate a financial agent by a writing
duly subscribed by him
or her which shall be in such form and filed
in accordance with the provisions of section four of this article.
§3-8-12. Additional acts forbidden; circulation of written matter;
newspaper advertising; solicitation of contributions;
intimidation and coercion of employees; promise of
employment or other benefits; limitations on
contributions; public contractors; penalty.
(a) No person may publish, issue or circulate, or cause to be
published, issued or circulated, any anonymous letter, circular,
placard, radio or television advertisement or other publication
expressly advocating the election or defeat of a clearly identified
candidate.
(b) No owner, publisher, editor or employee of a newspaper or other periodical may insert, either in its advertising or reading
columns, any matter, paid for or to be paid for, which tends to
influence the voting at any election, unless directly designating
it as a paid advertisement and stating the name of the person
authorizing its publication and the candidate in whose behalf it is
published.
(c) No person may, in any room or building occupied for the
discharge of official duties by any officer or employee of the
state or a political subdivision of the state, solicit orally or by
written communication delivered within the room or building, or in
any other manner, any contribution of money or other thing of value
for any party or political purpose, from any postmaster or any
other officer or employee of the federal government, or officer or
employee of the state, or a political subdivision of the state. No
officer, agent, clerk or employee of the federal government, or of
this state, or any political subdivision of the state, who may have
charge or control of any building, office or room, occupied for any
official purpose, may knowingly permit any person to enter any
building, office or room, occupied for any official purpose, for
the purpose of soliciting or receiving any political assessments
from, or delivering or giving written solicitations for, or any
notice of, any political assessments to, any officer or employee of
the state or a political subdivision of the state.
(d) Except as provided in section eight of this article, no
person entering into any contract with the state or its
subdivisions, or any department or agency of the state, either for rendition of personal services or furnishing any material, supplies
or equipment or selling any land or building to the state, or its
subdivisions, or any department or agency of the state, if payment
for the performance of the contract or payment for the material,
supplies, equipment, land or building is to be made, in whole or in
part, from public funds may, during the period of negotiation for
or performance under the contract or furnishing of materials,
supplies, equipment, land or buildings, directly or indirectly,
make any contribution to any political party, committee or
candidate for public office or to any person for political purposes
or use; nor may any person or firm solicit any contributions for
any purpose during any period.
(e) No person may, directly or indirectly, promise any
employment, position, work, compensation or other benefit provided
for, or made possible, in whole or in part, by Act of the
Legislature, to any person as consideration, favor or reward for
any political activity for the support of or opposition to any
candidate or any political party in any election.
(f) No person may, directly or indirectly, make any
contribution in excess of the value of one thousand dollars in
connection with any campaign for nomination or election to or on
behalf of any statewide office, or in excess of the value of one
thousand dollars, in connection with any other campaign for
nomination or election to or on behalf of any other elective office
in the state or any of its subdivisions, or in connection with or
on behalf of any committee or other organization or person engaged in furthering, advancing or advocating the nomination or election
of any candidate for any of the offices.
(g)(1) Notwithstanding the provisions of subsection (f) of
this section to the contrary, the aggregate contributions made to
a state party executive committee or state party legislative caucus
committee are to be permitted only pursuant to the limitations
imposed by the provisions of this subsection.
(2) No person may, directly or indirectly, make contributions
to a state party executive committee or state party legislative
caucus committee which, in the aggregate, exceed the value of one
thousand dollars in any calendar year.
(h) The limitations on contributions contained in this section
do not apply to transfers between and among a state party executive
committee or a state party's legislative caucus political committee
from national committees of the same political party:
Provided,
That transfers permitted by this subsection may not exceed fifty
thousand dollars in the aggregate in any calendar year to any state
party executive committee or state party legislative caucus
political committee:
Provided, however, That the moneys
transferred may only be used for voter registration and
get-out-the-vote activities of the state committees.
(i) No person may solicit any contribution, other than
contributions to a campaign for or against a county or local
government ballot issue, from any nonelective salaried employee of
the state government or of any of its subdivisions:
Provided, That
in no event shall any person acting in a supervisory role solicit a person who is a subordinate employee for any contribution. No
person may coerce or intimidate any nonelective salaried employee
into making a contribution. No person may coerce or intimidate any
nonsalaried employee of the State Government or any of its
subdivisions into engaging in any form of political activity. The
provisions of this subsection may not be construed to prevent any
employee from making a contribution or from engaging in political
activity voluntarily without coercion, intimidation or
solicitation.
(j) No person may solicit a contribution from any other person
without informing the other person at the time of the solicitation
of the amount of any commission, remuneration or other compensation
that the solicitor or any other person will receive or expect to
receive as a direct result of the contribution being successfully
collected. Nothing in this subsection may be construed to apply to
solicitations of contributions made by any person serving as an
unpaid volunteer.
(k) No person may place any letter, circular, flyer,
advertisement, election paraphernalia, solicitation material or
other printed or published item tending to influence voting at any
election in a roadside receptacle unless it is: (1) Approved for
placement into a roadside receptacle by the business or entity
owning the receptacle; and (2) contains a written acknowledgment of
the approval. This subdivision does not apply to any printed
material contained in a newspaper or periodical published or
distributed by the owner of the receptacle. The term "roadside receptacle" means any container placed by a newspaper or periodical
business or entity to facilitate home or personal delivery of a
designated newspaper or periodical to its customers.
(l) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committe.
(l) (m) Any person violating any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in a
regional
or county jail for not more than one year or, in the discretion of
the court, be subject to both fine and confinement.
(m) (n) The provisions of subsection (i) of this section,
permitting contributions to a campaign for or against a county or
local government ballot issue, shall become operable on and after
the first day of January, two thousand five.
ARTICLE 9. OFFENSE AND PENALTIES.
§3-9-15. Unlawful acts by employers; penalties.
Except as provided in section eight, article eight of this
chapter, any employer or agent of any employer or corporation, who
prints or authorizes to be printed upon any pay envelope or who
distributes directly or indirectly, or gives directly to any
employee any statement intended or calculated to influence the
political action of his
or her employees for any candidate for
public office, or posts or exhibits in the establishment, any
posters, placards, or handbills, or delivers verbally any message to any such employees, containing any threat, notice or information
that if any such candidate is elected or defeated, work in the
establishment will cease, in whole or in part, or other threats
expressed or implied, intended to influence the political opinions
or votes of his
or her employees, shall be guilty of corrupt
practices and, upon conviction, shall be fined not less than one
thousand dollars nor more than twenty thousand dollars or be
imprisoned in jail not more than one year, or both.
NOTE: The purpose of this bill is to regulate and control
political campaign contributions, receipts and expenditures.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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