Alabama 2022 Regular Session

Alabama Senate Bill SB295 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB295
2	2	2 216047-4
3	3	3 By Senators Jones, Givhan, Scofield, Elliott and Whatley
4	4	4 RFD: Governmental Affairs
5	5	5 First Read: 03-MAR-22
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7	7	Page 0 1 216047-4:n:02/23/2022:PMG*/bm LSA2021-2271R3
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10	10	4
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13	13	7
14	14	8 SYNOPSIS: Under existing law, an individual seeking to
15	15	9 run for office is required to file with the
16	16	10 Secretary of State, within five days of becoming a
17	17	11 candidate, a statement appointing his or her
18	18	12 principal campaign committee.
19	19	13 This bill would require the certifying
20	20	14 official or municipal city clerk, as appropriate,
21	21	15 to disqualify the candidate from appearing on the
22	22	16 ballot if he or she determines the candidate failed
23	23	17 to timely file the statement appointing his or her
24	24	18 principal campaign committee.
25	25	19
26	26	20 A BILL
27	27	21 TO BE ENTITLED
28	28	22 AN ACT
29	29	23
30	30	24 Relating to campaign finance; to amend Section
31	31	25 17-5-4, Code of Alabama 1975, as last amended by Act 2021-314
32	32	26 of the 2021 Regular Session, effective August 1, 2023; to
33	33	27 disqualify from appearing on the ballot a candidate who fails
34	34	Page 1 1 to timely file a statement appointing his or her principal
35	35	2 campaign committee.
36	36	3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37	37	4 Section 1. Section 17-5-4, Code of Alabama 1975, as
38	38	5 last amended by Act 2021-314 of the 2021 Regular Session,
39	39	6 effective August 1, 2023, is amended to read as follows:
40	40	7 "§17-5-4.
41	41	8 "(a)(1) Within Not more than five days after any
42	42	9 person becomes a candidate for office, the person individual
43	43	10 becomes a candidate, he or she shall file with the Secretary
44	44	11 of State a statement showing the name of not less than two nor
45	45	12 more than five persons individuals elected to serve as the
46	46	13 principal campaign committee for the candidate, together with
47	47	14 a written acceptance or consent by the committee, but any
48	48	15 candidate may declare himself or herself as the person
49	49	16 individual chosen to serve as the principal campaign
50	50	17 committee, in which case the candidate shall perform the
51	51	18 duties of chair and treasurer of the committee.
52	52	19 "(2) Notwithstanding subdivision (1), the certifying
53	53	20 party official for any candidate running for a statewide,
54	54	21 county, or legislative office, or the appropriate city clerk
55	55	22 for any candidate running for a municipal office, upon good
56	56	23 cause shown, may permit the candidate an additional five days
57	57	24 to file the statement appointing his or her principal campaign
58	58	25 committee.
59	59	26 "(3) The certifying party official for any candidate
60	60	27 running for a statewide, county, or legislative office, or the
61	61	Page 2 1 appropriate city clerk for any candidate running for a
62	62	2 municipal office, shall immediately disqualify from that
63	63	3 election any candidate who has not filed a statement
64	64	4 appointing his or her principal campaign committee in
65	65	5 compliance with this subsection, and the candidate's name
66	66	6 shall not appear on the ballot.
67	67	7 "(4) In the case of independent candidates, the
68	68	8 certifying official shall immediately disqualify from that
69	69	9 election any candidate who has not filed a statement
70	70	10 appointing his or her principal campaign committee in
71	71	11 compliance with this subsection, and the candidate's name
72	72	12 shall not appear on the ballot.
73	73	13 "(b) If any vacancy is created by on a principal
74	74	14 campaign committee occurs by reason of death, resignation, or
75	75	15 any other cause, the candidate may fill the vacancy or the
76	76	16 remaining members shall discharge and complete the duties
77	77	17 required of the committee as if the vacancy had not been
78	78	18 created occurred. The principal campaign committee, or its
79	79	19 treasurer, shall have exclusive custody of all monies
80	80	20 contributed, donated, subscribed, or in any manner furnished
81	81	21 to or for the candidate represented by the committee, and
82	82	22 shall account for and disburse the same.
83	83	23 "(c) If a candidate serves as his or her own
84	84	24 principal campaign committee, he or she shall designate a
85	85	25 person an individual responsible for dissolving that principal
86	86	26 campaign committee in the event of death or incapacity by
87	87	27 filing a statement of dissolution and filing a termination
88	88	Page 3 1 report. If the designated person individual is unable to serve
89	89	2 in this capacity at the time of death or incapacity, the
90	90	3 principal campaign committee shall be dissolved by the
91	91	4 candidate's personal representative as appointed by the judge
92	92	5 of probate. All funds held by the principal campaign committee
93	93	6 at the time of death or incapacity shall be disposed of in a
94	94	7 manner provided in Section 17-5-7.
95	95	8 "(d) No candidate shall may expend any money in aid
96	96	9 of his or her nomination or election except by contributing to
97	97	10 the principal campaign committee designated by the candidate.
98	98	11 "(e) The Secretary of State may adopt rules to
99	99	12 implement this section."
100	100	13 Section 2. This act shall become effective on August
101	101	14 1, 2023, following its passage and approval by the Governor,
102	102	15 or its otherwise becoming law.
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