COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 713
(By Senator Kessler)
____________
[Originating in the Committee on the Judiciary;
reported February 23, 2007.]
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A BILL to amend and reenact §3-8-1a, §3-8-2, §3-8-2b, §3-8-3,
§3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-5e of the Code of
West Virginia, 1931, as amended, all relating to campaign
finance filings; defining terms; setting value for in-kind
contributions; permitting a political committee created by a
membership organization to solicit contributions only from its
members; requiring expedited filings of independent
expenditure filings within fifteen days of election; requiring
certain independent expenditures to be filed as electioneering
communications; lowering the threshold of electioneering
communications to be reported fifteen days prior to an
election; modifying requirements for political committee
treasurers of candidates from offices larger than one county;
modifying the reporting periods; requiring certain information
for contributions in excess of two hundred fifty dollars;
clarifying that details of third-party expenditures must be filed; requiring electronic filing for statewide candidates;
and clarifying where campaign finance reports are filed.
Be it enacted by the Legislature of West Virginia:
That §3-8-1a, §3-8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5,
§3-8-5a, §3-8-5b and §3-8-5e of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1a. Definitions.
As used in this article, the following terms have the
following definitions:
(1) "Ballot issue" means a constitutional amendment, special
levy, bond issue, local option referendum, municipal charter or
revision, an increase or decrease of corporate limits or any other
question that is placed before the voters for a binding decision.
(2) "Broadcast, cable or satellite communication" means a
communication that is publicly distributed by a television station,
radio station, cable television system or satellite system.
(3) "Candidate" means an individual who:
(A) Has filed a certificate of announcement under section
seven, article five of this chapter or a municipal charter;
(B) Has filed a declaration of candidacy under section
twenty-three, article five of this chapter;
(C) Has been named to fill a vacancy on a ballot; or
(D) Has declared a write-in candidacy or otherwise publicly
declared his or her intention to seek nomination or election for any state, district, county or municipal office or party office to
be filled at any primary, general or special election.
(4) "Candidate's committee" means a political committee
established with the approval of or in cooperation with a candidate
or a prospective candidate to explore the possibilities of seeking
a particular office or to support or aid his or her nomination or
election to an office in an election cycle. If a candidate directs
or influences the activities of more than one active committee in
a current campaign, those committees shall be considered one
committee for the purpose of contribution limits.
(5) "Clearly identified" means that the name, nickname,
photograph, drawing or other depiction of the candidate appears or
the identity of the candidate is otherwise apparent through an
unambiguous reference, such as "the Governor", "your Senator" or
"the incumbent" or through an unambiguous reference to his or her
status as a candidate, such as "the Democratic candidate for
Governor" or "the Republican candidate for Supreme Court of
Appeals".
(6) "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 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:
Provided, That a nonmonetary
contribution is to be considered at fair market value for reporting
requirements and contribution limitations.
(7) "Corporate political action committee" means a political
action committee that is a separate segregated fund of a
corporation that may only accept contributions from its restricted
group as outlined by the rules of the State Election Commission.
(7) (8) "Direct costs of purchasing, producing or
disseminating electioneering communications" means:
(A) Costs charged by a vendor, including, but not limited to,
studio rental time, compensation of staff and employees, costs of
video or audio recording media and talent, material and printing
costs and postage; or
(B) The cost of airtime on broadcast, cable or satellite radio
and television stations, the cost of disseminating printed
materials, establishing a telephone bank, studio time, use of
facilities and the charges for a broker to purchase airtime.
(8) (9) "Disclosure date" means either of the following:
(A) The first date during any calendar year on which any
electioneering communication is disseminated after the person
paying for the communication has spent a total of five thousand
dollars or more for the direct costs of purchasing, producing or
disseminating electioneering communications; or
(B) Any other date during that calendar year after any
previous disclosure date on which the person has made additional expenditures totaling five thousand dollars or more for the direct
costs of purchasing, producing or disseminating electioneering
communications.
(9) (10) "Election" means any primary, general or special
election conducted under the provisions of this code or under the
charter of any municipality at which the voters nominate or elect
candidates for public office. For purposes of this article, each
primary, general, special or local election constitutes a separate
election. This definition is not intended to modify or abrogate
the definition of the term "nomination" as used in this article.
(10) (11) (A) "Electioneering communication" means any paid
communication made by broadcast, cable or satellite signal, mass
mailing, telephone bank, leaflet, pamphlet, flyer or outdoor
advertising or published in any newspaper, magazine or other
periodical that:
(i) Refers to a clearly identified candidate for Governor,
Secretary of State, Attorney General, Treasurer, Auditor,
Commissioner of Agriculture, Supreme Court of Appeals or the Legislature;
(ii) Is publicly disseminated within:
(a) (I) Thirty days before a primary election at which the
nomination for office sought by the candidate is to be determined;
or
(b) (II) Sixty days before a general or special election at
which the office sought by the candidate is to be filled; and
(iii) Is targeted to the relevant electorate.
(B) "Electioneering communication" does not include:
(i) A news story, commentary or editorial disseminated through
the facilities of any broadcast, cable or satellite television or
radio station, newspaper, magazine or other periodical publication
not owned or controlled by a political party, political committee
or candidate:
Provided, That a news story disseminated through a
medium owned or controlled by a political party, political
committee or candidate is nevertheless exempt if the news is:
(a) (I) A bona fide news account communicated in a publication
of general circulation or through a licensed broadcasting facility;
and
(b) (II) Is part of a general pattern of campaign-related news
that gives reasonably equal coverage to all opposing candidates in
the circulation, viewing or listening area;
(ii)
A communication Activity by a candidate committee, party
executive committee or caucus committee, or a political action
committee that is required to be reported to the State Election
Commission or the Secretary of State as an expenditure pursuant to
any provision section five of this article
other than section two-b
of this article, or the rules of the State Election Commission or
the Secretary of State promulgated pursuant to such provision:
Provided, That independent expenditures
by a party executive
committee or caucus committee or a political action committee
required to be reported pursuant to subsection (b), section two of
this article are not exempt from the reporting requirements of this
section;
(iii) A candidate debate or forum conducted pursuant to rules
adopted by the State Election Commission or the Secretary of State
or a communication promoting that debate or forum made by or on
behalf of its sponsor;
(iv) A communication paid for by any organization operating
under Section 501(c)(3) of the Internal Revenue Code of 1986;
(v) A communication made while the Legislature is in session
which, incidental to promoting or opposing a specific piece of
legislation pending before the Legislature, urges the audience to
communicate with a member or members of the Legislature concerning
that piece of legislation;
(vi) A statement or depiction by a membership organization, in
existence prior to the date on which the individual named or
depicted became a candidate, made in a newsletter or other
communication distributed only to bona fide members of that
organization;
(vii) A communication made solely for the purpose of
attracting public attention to a product or service offered for
sale by a candidate or by a business owned or operated by a
candidate which does not mention an election, the office sought by
the candidate or his or her status as a candidate; or
(viii) A communication, such as a voter's guide, which refers
to all of the candidates for one or more offices, which contains no
appearance of endorsement for or opposition to the nomination or
election of any candidate and which is intended as nonpartisan
public education focused on issues and voting history.
(11) (12) "Financial agent" means any individual acting for
and by himself or herself, or any two or more individuals 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 at
any election.
(12) (13) "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.
(13) (14) "Independent expenditure" means an expenditure made
by a person other than a candidate or a candidate's committee in
support of or opposition to the nomination or election of one or
more clearly identified candidates and without consultation or
coordination with or at the request or suggestion of the candidate
whose nomination or election the expenditure supports or opposes or
the candidate's agent. Supporting or opposing the election of a
clearly identified candidate includes supporting or opposing the
candidates of a political party. An expenditure which does not
meet the criteria for an independent expenditure is considered a
contribution.
(14) (15) "Mass mailing" means a mailing by United States
mail, facsimile or electronic mail of more than five hundred pieces
of mail matter of an identical or substantially similar nature
within any thirty-day period.
(15) (16) "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. "Membership organization"
does not include organizations that grant membership upon receiving
a contribution.
A political committee created by membership
organization may solicit political contributions only from its
members.
(16) (17) "Name" means the full first name, middle name or
initial, if any, and full legal last name of an individual and the
full name of any association, corporation, committee or other
organization of individuals, making the identity of any person who
makes a contribution apparent by unambiguous reference.
(17) (18) "Person" means an individual, partnership,
committee, association and any other organization or group of
individuals.
(18) (19) "Political action committee" means a committee
organized by one or more persons for the purpose of supporting or
opposing the nomination or election of one or more candidates
or
the passage or defeat of one or more ballot issues.
The following
are types of political action committees:
(A) A corporate political action committee, as that term is
defined by subsection (7) of this section;
(B) A membership organization, as that term is defined by
subsection (16) of this section;
(C) An unaffiliated political action committee, as that term
is defined by subsection (27) of this section.
(20) "Political committee" means any candidate committee,
political action committee or political party committee.
(19) (21) "Political party" means a political party as
that
term is defined by section eight, article one, chapter three of
this code or any committee established, financed, maintained or
controlled by the party, including any subsidiary, branch or local
unit thereof and including national or regional affiliates of the
party.
(22) "Political party committee" means a committee established
by a political party or political party caucus for the purposes of
engaging in the influencing of the election, nomination or defeat
of a candidate in any election.
(20) (23) "Political purposes" means supporting or opposing
the nomination, election or defeat of one or more candidates or the
passage or defeat of a ballot issue, supporting the retirement of
the debt of a candidate or political committee or the
administration or activities of an established political party or
an organization which has declared itself a political party and
determining the advisability of becoming a candidate under the
precandidacy financing provisions of this chapter.
(21) (24) "Targeted to the relevant electorate" means a
communication which refers to a clearly identified candidate for
statewide office or the Legislature and which can be received by
ten thousand or more individuals in the state in the case of a candidacy for statewide office and five hundred or more individuals
in the district in the case of a candidacy for the Legislature.
(22) (25) "Telephone bank" means telephone calls that are
targeted to the relevant electorate, other than telephone calls
made by volunteer workers, regardless of whether paid professionals
designed the telephone bank system, developed calling instructions
or trained volunteers.
(23) (26) "Two-year election cycle" means the 24-month period
that begins the day after a general election and ends on the day of
the subsequent general election.
(27) "Unaffiliated political action committee" means a
political action committee that is not affiliated with a
corporation or a membership organization.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except for: (1) Candidates for party committeeman and
committeewoman; and (2) federal committees required to file under
the provisions of 2 U. S. C. §434, all candidates for nomination or
election and all persons supporting, aiding or opposing the
nomination, election or defeat of any candidate shall keep for a
period of six months 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 person making an 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, or any municipal
candidate on a municipal election ballot,
on or after the
eleventh
fifteenth day but more than twelve hours before the day of any
election shall report the expenditure, 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:
Provided, That a person making expenditures in the amount of one
thousand dollars or more for any statewide or legislative candidate
on or after the fifteenth day but more than twelve hours before the
day of any election shall report such expenditures in accordance
with section two-b of this article and shall not file an additional
report as provided herein.
(c) 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.
(d) Any person who has spent a total of five thousand dollars
or more for the direct costs of purchasing, producing or
disseminating electioneering communications during any calendar
year shall maintain all financial records and receipts related to
such expenditure for a period of six months following the filing of
a disclosure pursuant to subsection (a) of this section and, upon
request, shall make such records and receipts available to the
Secretary of State or county clerk for the purpose of an audit as
provided in section seven of this article.
(e) Any person who willfully fails to comply with this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars, or confined in jail for
not more than one year, or both fined and confined.
§3-8-2b. Disclosure of electioneering communications.
(a) Every person who has spent a total of five thousand
dollars or more
or, on or after the fifteenth day but more than
twelve hours before the day of any election, a total of one
thousand dollars or more for the direct costs of purchasing,
producing or disseminating electioneering communications during any
calendar year shall, within twenty-four hours of each disclosure
date, file with the Secretary of State a statement which contains:
(1) The name of the person making the expenditure, the name of
any person sharing or exercising direction or control over the
activities of the person making the expenditure and the name of the
custodian of the books and accounts of the person making the
expenditure;
(2) If the person making the expenditure is not an individual,
the principal place of business of the partnership, committee,
association, organization or group which made the expenditure;
(3) The amount of each expenditure of more than one thousand
dollars made for electioneering communications during the period
covered by the statement and the name of the person to whom the
expenditure was made;
(4) The elections to which the electioneering communications
pertain and the names, if known, of the candidates referred to or
to be referred to therein; and
(5) The names and addresses of any contributors who
contributed a total of more than one thousand dollars between the
first day of the preceding calendar year and the disclosure date
and whose contributions were used to pay for electioneering
communications.
(b) With regard to the contributors required to be listed
pursuant to subdivision (5), subsection (a) of this section, the
statement shall also include:
(1) The month, day and year that the contributions of any
single contributor exceeded two hundred fifty dollars;
(2) If the contributor is a political action committee, the
name and address the political action committee registered with the
State Election Commission;
(3) If the contributor is an individual, the name and address
of the individual, his or her occupation, the name and address of
the individual's current employer, if any, or, if the individual is self-employed, the name and address of the individual's business,
if any;
(4) A description of the contribution, if other than money;
(5) The value in dollars and cents of the contribution.
(c)(1) Any person who makes a contribution for the purpose of
funding the direct costs of purchasing, producing or disseminating
an electioneering communication under this section shall, at the
time the contribution is made, provide his or her name and address
to the recipient of the contribution;
(2) Any individual who makes contributions totaling two
hundred fifty dollars or more between the first day of the
preceding calendar year and the disclosure date for the purpose of
funding the direct costs of purchasing, producing or disseminating
electioneering communications shall, at the time the contribution
is made, provide the name of his or her occupation and of his or
her current employer, if any, or, if the individual is
self-employed, the name of his or her business, if any, to the
recipient of the contribution.
(d) In each electioneering communication, a statement shall
appear or be presented in a clear and conspicuous manner that:
(1) Clearly indicates that the electioneering communication is
not authorized by the candidate or the candidate's committee; and
(2) Clearly identifies the person making the expenditure for
the electioneering communication:
Provided, That if the
electioneering communication appears on or is disseminated by
broadcast, cable or satellite transmission, the statement required by this subsection must be both spoken clearly and appear in
clearly readable writing at the end of the communication.
(e) Within five business days after receiving a disclosure of
electioneering communications statement pursuant to this section,
the Secretary of State shall make information in the statement
available to the public through the internet.
(f) For the purposes of this section, a person is considered
to have made an expenditure when the person has entered into a
contract to make the expenditure at a future time.
(g) The Secretary of State is hereby directed to propose
legislative rules and emergency rules implementing this section for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code.
(h) If any person, including, but not limited to, a political
organization (as defined in Section 527(e)(1) of the Internal
Revenue Code of 1986) makes, or contracts to make, any expenditure
for electioneering communications which is coordinated with and
made with the cooperation, consent or prior knowledge of a
candidate, candidate's committee or agent of a candidate, the
expenditure shall be treated as a contribution and expenditure by
the candidate. If the expenditure is coordinated with and made
with the cooperation or consent of a state or local political party
or committee, agent or official of that party, the expenditure
shall be treated as a contribution to and expenditure by the
candidate's party.
(i) This section does not apply to candidates for federal
office. This section is not intended to restrict or to expand any
limitations on, obligations of or prohibitions against any
candidate, committee, agent, contributor or contribution contained
in any other provision of this chapter.
§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, 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.
(a) No person may act as the treasurer of any political
committee supporting, aiding or opposing the nomination, election or defeat of any candidate for an office encompassing an election
district larger than a county unless a written statement of
organization, on a form to be prescribed by the Secretary of State,
is filed with the Secretary of State at least twenty-eight days
before the election at which that person is to act as a treasurer
and is received by the Secretary of State before midnight, eastern
standard time, of that day or, if mailed, is postmarked before that
hour. The form shall include the name of the political committee;
the name of the treasurer; the mailing address, telephone number,
and e-mail address, if applicable, of the committee, and of the
treasurer if different from the committee information; the chairman
of the committee; the affiliate organization, if any; type of
committee affiliation, as defined in subsection (19), section one-a
of this article, if any; and whether the committee will participate
in statewide, county or municipal elections. The form shall be
certified as accurate and true and signed by the chairman and the
treasurer of the committee: Provided, That a change of treasurer
or financial agent may be made at any time by filing a written
statement with the Secretary of State.
(a) (b) No person may act as the treasurer
of any political
committee, or as financial agent for any candidate for nomination
or election to any statewide office, or to any office encompassing
an election district larger than a county or to any legislative
office
or for any person supporting, aiding or opposing the
nomination, election or defeat of any candidate for an office
encompassing an election district larger than a county, unless a written statement designating that person as the treasurer or
financial agent is filed with the Secretary of State at least
twenty-eight days before the election at which that person is to act
as a
financial agent or treasurer and is received by the Secretary
of State before midnight, eastern standard time, of that day or if
mailed, is postmarked before that hour:
Provided, That a change of
treasurer or financial agent may be made at any time by filing a
written statement with the Secretary of State.
(b) (c) No person may 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 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 is received before midnight, eastern standard time, of that day
or if mailed, is postmarked before that hour:
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) (d) Notwithstanding the provisions of subsections (a),
and
(b)
and (c) of this section, a filing designating a treasurer for
a state or county political executive committee may be made anytime
before the committee either accepts or spends funds. 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 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 filed with either the Secretary of State
or the clerk of the county commission as provided by subsections
(a),
and (b)
and (c) of this section.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate,
financial agent treasurer, 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 Of all financial transactions, whenever the total
exceeds five hundred dollars, which have taken place before the last
Saturday in March,
or to be filed within six days thereafter and
annually whenever the total of all financial transactions relating
to an election
exceed exceeds 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 business days
thereafter Of all financial transactions which have taken place
before the fifteenth day preceding each primary or other election
and 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,
to be filed within four business days
after the fifteenth day;
(3)
Not less than twenty-four nor more than thirty-one days Of
all financial transactions which have taken place before the
thirteenth day after each primary or other election and subsequent
to the previous statement, if any, to be filed within four business
days after the thirteenth day;
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 business
days thereafter Of all financial transactions, whenever the total
exceeds five hundred dollars, relating to an election which have
taken place before the forty-third day 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. to be filed within four
business days after the forty-third day; and
(5) Of any loans outstanding on the forty-third day preceding
the general election day and subsequent to the previous statement,
if any, to be filed within four business days after the forty-third
day.
(c) Every person who
shall announce announces 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.
(e) Candidates for the office of conservation district
supervisor elected pursuant to the provisions of article
twenty-one-a, chapter nineteen of this code
shall only be are
required to file
only the reports required by subdivisions (2) and
(3), subsection (b) of this section immediately prior to and after
the
general primary election:
Provided, That during the election
in the year two thousand eight, the statements required by this
subsection shall be filed immediately prior to and after the general
election.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of this
article, other than a disclosure of electioneering communications
pursuant to section two-b of this article, shall contain only the
following information:
(1) The name, residence and mailing address and telephone
number of each candidate, financial agent, treasurer or person and
the 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 name of any person making a contribution and the amount
of the contribution. If the total contributions of any one person
in any one election cycle amount to
more than two hundred fifty
dollars
or more, the residence and mailing address of the
contributor and, if the contributor is an individual, his or her major business affiliation and occupation shall also be reported.
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 section five-d of this
article. The statement on which contributions are required to be
reported by this subdivision may not distinguish between
contributions made by individuals and contributions made by
partnerships, firms, associations, committees, organizations or
groups.
(4) The total amount of contributions received during the
period covered by the financial statement.
(5) The name, residence and mailing address of any individual
or the 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 name, residence and mailing address of any individual
or the name and mailing address of each partnership, firm,
association, committee, organization or group 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 name, residence and mailing address of any
person
individual, or the name and mailing address of each partnership,
firm, association, committee, organization or group to whom each
expenditure was made or liability incurred,
including expenditures
made on behalf of a candidate or political committee that otherwise
are not made directly by the candidate or political committee,
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 supporting, aiding or opposing
the nomination, election or defeat of any candidate 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 beginning balance in
the next 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 may make any contribution except from his, her
or its own funds, unless such person discloses in writing to the
person required to report under this section the name, residence,
mailing address, major business affiliation and occupation of the
person which furnished the funds to the 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 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 ballot issue unless the identity of the
donor and the amount of the contribution is known and reported.
(j) When any person receives an 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 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) 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 fundraiser;
(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 fundraiser; 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.
§3-8-5b. Where financial statements shall be filed; filing date
prescribed.
(a) The
sworn financial statements provided for in this article
shall be filed, by or on behalf of candidates, with the Secretary
of State for legislative offices and for state and other offices to
be nominated or elected by the voters of a political division greater than a county,
and with the clerk of the county commission
by
all other candidates for offices to be nominated or elected
by
the voters of a single county or a political division within a
single county or with the proper municipal officer by candidates for
office to be nominated or elected to municipal office.
(b) The statements may be filed by mail, in person, or by
facsimile or other electronic means of transmission.
Provided, That
the financial statements filed by or on behalf of candidates for
Governor, Secretary of State, Attorney General, Auditor, Treasurer,
Commissioner of Agriculture and Supreme Court of Appeals shall be
filed electronically by the means of an internet program to be
established by the Secretary of State.
(c) Committees required to report electronically may apply to
the State Election Commission for an exemption from mandatory
electronic filing in the case of hardship. An exemption may be
granted at the discretion of the State Election Commission.
(c) (d) For purposes of this article, the filing date of a
financial statement shall, in the case of mailing, be the date of
the postmark of the United States postal service, and in the case
of hand delivery or delivery by facsimile or other electronic means
of transmission, the date delivered to the office of the Secretary
of State or to the office of the clerk of the county commission, in
accordance with the provisions of subsection (a) of this section,
during regular business hours of such office.
(d) (e) The sworn financial statements required to be filed by
this section with the Secretary of State shall be posted on the internet by the Secretary of State within
forty-five ten business
days from the date the financial statement was filed.
§3-8-5e. Precandidacy financing and expenditures.
(a) Notwithstanding any other provisions of this code, it
shall
be is lawful for a person, otherwise qualified to be a candidate for
any public office or position to be determined by public election,
to receive contributions or make expenditures, or both, personally
or by another individual acting as a treasurer
or financial agent,
to determine the advisability of becoming such a candidate or
preparing to be such a candidate:
Provided, That such contributions
may be received and such expenditures made only during the four
years immediately preceding the term for which such person may be
a candidate or during the term of office immediately preceding the
term for which such person may be a candidate, whichever is less:
Provided, however, That no person
shall be is disqualified from
receiving contributions or making expenditures as permitted under
the provisions of this section solely because such person then holds
a public office or position.
(b) Any person undertaking to determine the advisability of
becoming or preparing to be a candidate, who desires to receive
contributions before filing a certificate of candidacy, shall name
himself or another individual to act as a treasurer
or financial
agent and shall file a designation of
financial agent treasurer in
the manner provided in section four of this chapter before receiving
any contributions permitted by this section. Any expenditures made
before the filing of a designation of
financial agent treasurer shall be reported in accordance with the provisions of this section,
regardless of the source of funds used for such expenditures.
(c) A person who receives a contribution who is acting for and
by himself or as treasurer or agent for another pursuant to the
provisions of this section shall keep detailed accounts of every sum
of money or other thing of value received by him, and of all
expenditures and disbursements made, and liabilities incurred, in
the same manner as such accounts are required by section five of
this article, for the period prior to the date of filing for
candidacy for the office he is considering seeking. Any
such person
who has received contributions or made expenditures subject to the
provisions of this section shall file annually on the last Saturday
in March,
and also on the last Saturday in March or within
fifteen
six days thereafter
next preceding the election at which the names
of candidates would appear on the ballot for the public office or
position which the person originally considered seeking, a detailed
itemized statement
subscribed and sworn to before an officer
authorized to administer oaths, setting forth all contributions
received and expenditures made pursuant to the provisions of this
section concerning the candidacy of that person. If the person on
whose behalf such contributions are received or expenditures are
made becomes a candidate for any office or position to be decided
at such election then the itemized statement shall be included
within the first statement required to be filed by the provisions
of section five of this article. If such person does not become a
candidate for any office or position to be decided at such election, then the detailed itemized
statement statements required by this
subsection shall be the only
statement statements required to be
filed by such person. Regardless of whether such person becomes a
candidate as originally intended, or becomes a candidate for some
office other than the office or position originally intended, or
does not become a candidate, all limits on campaign contributions
and campaign expenditures applicable to the candidacy of or advocacy
of the candidacy of such person for the office he actually seeks,
shall be applicable to and inclusive of the receipts had and
expenditures made during such precandidacy period as well as after
the person becomes a candidate.
_______
(NOTE: The purpose of this bill is to clarify definitions
relating to in-kind contributions, political committees, and
electioneering communications; provide expedited filings of
independent expenditures within fifteen days of an election;
streamline the campaign finance filings and electioneering
communication filings; modify requirements for political committee
treasurers; require certain information for contributions in excess
of two hundred and fifty dollars; clarify that third party
expenditures must be reported in detail; require statewide
candidates file finance reports electronically; and provide
technical cleanup.
Strike-throughs indicate language that would be stricken form
the present law, and underscoring indicates new language that would
be added.)
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