Alabama 2024 Regular Session

Alabama Senate Bill SB302 Compare Versions

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

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1	1	SB302INTRODUCED
2	2	Page 0
3	3	SB302
4	4	YFGA26N-1
5	5	By Senator Smitherman
6	6	RFD: Judiciary
7	7	First Read: 04-Apr-24
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12	12	5 YFGA26N-1 03/19/2024 PMG (L)PMG 2024-1049
13	13	Page 1
14	14	First Read: 04-Apr-24
15	15	SYNOPSIS:
16	16	Under existing law, "electioneering
17	17	communication" under the Fair Campaign Practices Act is
18	18	generally defined as a communications disseminated
19	19	through a specified manner that is made within 120 days
20	20	of an election intended to influence the outcome of an
21	21	election.
22	22	This bill would revise the definition of
23	23	"electioneering communication" as paid advertising
24	24	disseminated through a specified manner that occurs 30
25	25	days before a primary election or 60 days before a
26	26	general election, is targeted to the relevant
27	27	electorate in the geographic area where the candidate
28	28	is on the ballot, and is an appeal to vote for or
29	29	against a specific candidate.
30	30	Under existing law, "expenditure" under the Fair
31	31	Campaign Practices Act is generally defined as a
32	32	purchase, payment, distribution, loan, or gift of money
33	33	or anything of value to influence the result of an
34	34	election. There are a number of exclusions from the
35	35	definition.
36	36	This bill would also exclude from the definition
37	37	of "expenditure" a payment or disbursement related to
38	38	an advertisement or other communication by a person
39	39	that is not a principal campaign committee or political
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69	69	that is not a principal campaign committee or political
70	70	action committee unless the communication includes
71	71	express advocacy to vote for or against a candidate or
72	72	proposition on the ballot.
73	73	Under existing law, a "political action
74	74	committee" under the Fair Campaign Practices Act is
75	75	generally defined as an entity that receives
76	76	contributions or makes expenditures to or on behalf of
77	77	a candidate, proposition, principal campaign committee,
78	78	or other political action committee.
79	79	This bill would revise the definition of
80	80	"political action committee" to apply only if the major
81	81	purpose of the entity is making the contributions or
82	82	expenditures to or on behalf of one of these entities.
83	83	Under existing law, contributions and
84	84	expenditures of electioneering communications must be
85	85	reported by the payor of the electioneering
86	86	communication.
87	87	This bill would provide that electioneering
88	88	communications would only have to be reported once
89	89	during an election cycle unless the payor makes
90	90	additional contributions or expenditures of
91	91	electioneering communications.
92	92	This bill would also delete certain exemptions
93	93	of reporting of electioneering communications by
94	94	churches in certain circumstances and used by the
95	95	membership of trade organizations.
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125	125	A BILL
126	126	TO BE ENTITLED
127	127	AN ACT
128	128	Relating to the Fair Campaign Practices Act; to amend
129	129	Section 17-5-2, Code of Alabama 1975, to revise the
130	130	definitions of "electioneering communication," "expenditure,"
131	131	and "political action committee;" to amend Section 17-5-8,
132	132	Code of Alabama 1975, to revise the reporting requirements for
133	133	electioneering communications and remove certain exceptions
134	134	relating to electioneering communications reporting.
135	135	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
136	136	Section 1. Sections 17-5-2 and 17-5-8, Code of Alabama
137	137	1975, are amended to read as follows:
138	138	"§17-5-2
139	139	(a) For purposes of this chapter, the following terms
140	140	shall have the following meanings:
141	141	(1) CANDIDATE. An individual who has done any of the
142	142	following:
143	143	a. Taken the action necessary under the laws of the
144	144	state to qualify himself or herself for nomination or for
145	145	election to any state office or local office or in the case of
146	146	an independent seeking ballot access, on the date when he or
147	147	she files a petition with the judge of probate in the case of
148	148	county offices, with the appropriate qualifying municipal
149	149	official in the case of municipal offices, or the Secretary of
150	150	State in all other cases.
151	151	b. Received contributions or made expenditures in
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181	181	b. Received contributions or made expenditures in
182	182	excess of one thousand dollars ($1,000), or given his or her
183	183	consent for any other person or persons to receive
184	184	contributions or make expenditures in excess of one thousand
185	185	dollars ($1,000), with a view to bringing about his or her
186	186	nomination or election to any state office or local office.
187	187	(2) COMMISSION. The State Ethics Commission created
188	188	pursuant to Section 36-25-3.
189	189	(3) CONTRIBUTION.
190	190	a. Any of the following shall be considered a
191	191	contribution:
192	192	1. A gift, subscription, loan, advance, deposit of
193	193	money or anything of value, a payment, a forgiveness of a
194	194	loan, or payment of a third party, made for the purpose of
195	195	influencing the result of an election.
196	196	2. A contract or agreement to make a gift,
197	197	subscription, loan, advance, or deposit of money or anything
198	198	of value for the purpose of influencing the result of an
199	199	election.
200	200	3. Any transfer of anything of value received by a
201	201	political committee from another political committee,
202	202	political party, or other source.
203	203	4. The payment of compensation by any person for the
204	204	personal services or expenses of any other person if the
205	205	services are rendered or expenses incurred on behalf of a
206	206	candidate, political committee, or political party without
207	207	payment of full and adequate compensation by the candidate,
208	208	political committee, or political party. Provided, however,
209	209	that the payment of compensation by a corporation for the
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239	239	that the payment of compensation by a corporation for the
240	240	purpose of establishing, administering, or soliciting
241	241	voluntary contributions to a separate, segregated fund as
242	242	permitted in this chapter, shall not constitute a
243	243	contribution.
244	244	b. The term "contribution" does not include:
245	245	1. The value of services provided without compensation
246	246	by individuals who volunteer a portion or all of their time on
247	247	behalf of a candidate or political committee.
248	248	2. The use of real or personal property and the cost of
249	249	invitations, food, or beverages, voluntarily provided by an
250	250	individual to a candidate or political committee in rendering
251	251	voluntary personal services on the individual's residential or
252	252	business premises for election-related activities.
253	253	3. The sale of any food or beverage by a vendor for use
254	254	in an election campaign at a charge to a candidate or
255	255	political committee less than the normal comparable charge, if
256	256	the charge to the political committee for use in an election
257	257	campaign is at least equal to the cost of the food or beverage
258	258	to the vendor.
259	259	4. Any unreimbursed payment for travel expenses made by
260	260	an individual who, on his or her own behalf, volunteers
261	261	personal services to a candidate or political committee.
262	262	5. The payment by a state or local committee of a
263	263	political party of the cost of preparation, display, or
264	264	mailing or other distribution incurred by the committee with
265	265	respect to a printed slate card or sample ballot, or other
266	266	printed listing of two or more candidates for any public
267	267	office for which an election is held in the state, except that
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297	297	office for which an election is held in the state, except that
298	298	this subparagraph shall not apply in the case of costs
299	299	incurred by the committee with respect to a display of the
300	300	listing made on broadcasting stations, or in newspapers,
301	301	magazines, or other similar types of general public political
302	302	advertising.
303	303	6. The value or cost of polling data and voter
304	304	preference data and information if provided to a candidate or
305	305	political committee, unless the information was compiled with
306	306	the advance knowledge of and approval of the candidate or the
307	307	political committee.
308	308	c. For purposes of reporting contributions as required
309	309	by this chapter, the date of receipt of a contribution shall
310	310	be the first date the recipient of the contribution is able to
311	311	make use of the contribution. In the case of a contribution in
312	312	the form of a check, the date of receipt is the earlier of
313	313	either of the following:
314	314	1. Ten days from the date that the check came within
315	315	the recipient's control.
316	316	2. The date that the check was deposited into the
317	317	recipient's account.
318	318	(4) DESIGNATED FILING AGENT. An individual appointed
319	319	and authorized as attorney in fact to electronically submit
320	320	any report or other filing required by this chapter on behalf
321	321	of a candidate, his or her principal campaign committee, or a
322	322	political action committee.
323	323	(5) ELECTION. Unless otherwise specified, any general,
324	324	special, primary, or runoff election, or any convention or
325	325	caucus of a political party held to nominate a candidate, or
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355	355	caucus of a political party held to nominate a candidate, or
356	356	any election at which a constitutional amendment or other
357	357	proposition is submitted to the popular vote.
358	358	(6) ELECTIONEERING COMMUNICATION.
359	359	a. Any communication paid advertising disseminated
360	360	through any federally regulated broadcast media, any mass
361	361	mailing of more than 500 pieces of identical or substantially
362	362	similar materials within any 30-day period , or other
363	363	distribution, electronic communication paid digital
364	364	advertising, any phone bank of more than 500 telephone calls
365	365	of an identical or substantially similar nature within any
366	366	30-day period, or publication paid print advertising which:
367	367	(i) contains the name or image of a candidate; (ii) is made
368	368	within 120 days of an 30 days before a primary or primary
369	369	runoff election or 60 days before any other election in which
370	370	the candidate will appear on the ballot; (iii) is targeted to
371	371	the relevant electorate in the geographic area the candidate
372	372	would represent if elected; (iv) the only reasonable
373	373	conclusion to be drawn from the presentation and content of
374	374	the communication is that it is intended to influence the
375	375	outcome of an election an appeal to vote for or against a
376	376	specific candidate ; and (iv)(v) entails an expenditure in
377	377	excess of one thousand dollars ($1,000).
378	378	b. The term "electioneering communication" does not
379	379	include either of the following:
380	380	1. A communication that is used by an organization or
381	381	entity to communicate with or inform members, employees,
382	382	members' employees, directors, owners, shareholders of that
383	383	organization or entity, or the family members of the
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413	413	organization or entity, or the family members of the
414	414	foregoing.
415	415	2. A communication disseminated by a church unless the
416	416	church's expenditures are used to appeal to vote for or
417	417	against a specific candidate. Nothing in this subparagraph
418	418	shall require a church to disclose the identities, donations,
419	419	or contributions of members of the church. As used in this
420	420	section, the term "church" is defined in accordance with and
421	421	recognized by guidelines and regulations of the Internal
422	422	Revenue Service.
423	423	(7) EXPENDITURE.
424	424	a. The following shall be considered expenditures:
425	425	1. A purchase, payment, distribution, loan, advance,
426	426	deposit, or gift of money or anything of value made for the
427	427	purpose of influencing the result of an election.
428	428	2. A contract or agreement to make any purchase,
429	429	payment, distribution, loan, advance, deposit, or gift of
430	430	money or anything of value, for the purpose of influencing the
431	431	result of an election.
432	432	3. The transfer, gift, or contribution of funds of a
433	433	political committee to another political committee.
434	434	4. The payment of any qualifying fee or other cost
435	435	associated with qualifying to run for office.
436	436	b. The term "expenditure" does not include:
437	437	1. Any news story, commentary, or editorial prepared by
438	438	and distributed through the facilities of any broadcasting
439	439	station, newspaper, magazine, or other periodical publication,
440	440	unless the facilities are owned or controlled by any political
441	441	party or political committee.
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471	471	party or political committee.
472	472	2. Nonpartisan activity designed to encourage
473	473	individuals to register to vote, or to vote.
474	474	3. Any communication by any membership organization to
475	475	its members or by a corporation to its stockholders and
476	476	employees if the membership organization or corporation is not
477	477	organized primarily for the purpose of influencing the result
478	478	of an election.
479	479	4. The use of real or personal property and the cost of
480	480	invitations, food, or beverages, voluntarily provided by an
481	481	individual in rendering voluntary personal services on the
482	482	individual's residential or business premises for
483	483	election-related activities.
484	484	5. Any unreimbursed payment for travel expenses made by
485	485	an individual who, on his or her own behalf, volunteers
486	486	personal services to a candidate or political committee.
487	487	6. Any communication by any person which is not made
488	488	for the purposes of influencing the result of an election.
489	489	7. The payment by a state or local committee of a
490	490	political party of the cost of preparation, display, or
491	491	mailing or other distribution incurred by the committee with
492	492	respect to a printed slate card or sample ballot, or other
493	493	printed listing of two or more candidates for any public
494	494	office for which an election is held in the state, except that
495	495	this subparagraph shall not apply in the case of costs
496	496	incurred by the committee with respect to a display of the
497	497	listing made on broadcasting stations, or in newspapers,
498	498	magazines, or other similar types of general public political
499	499	advertising.
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529	529	advertising.
530	530	8. A payment or disbursement related to an
531	531	advertisement or other communication by an individual or
532	532	entity that is not a principal campaign committee or political
533	533	action committee unless the communication includes express
534	534	advocacy. For purposes of this subparagraph, "express
535	535	advocacy" means a communication containing express words of
536	536	advocacy of election or defeat, including "vote for," "elect,"
537	537	"support," "cast your ballot for," "Smith for Congress," "vote
538	538	against," "defeat," or "reject."
539	539	c. For purposes of reporting expenditures as required
540	540	by this chapter, the date an expenditure is made is the date
541	541	the instrument authorizes the expenditure. In the case of an
542	542	expenditure made by check or electronic payment, the date of
543	543	expenditure is the date of the check or electronic payment.
544	544	(8) IDENTIFICATION. The full name and complete address.
545	545	(9) LOAN. A transfer of money, property, or anything of
546	546	value in consideration of a promise or obligation, conditional
547	547	or not, to repay in whole or part.
548	548	(10) LOCAL OFFICE. Any office under the constitution
549	549	and laws of the state, except circuit, district, or
550	550	legislative offices, filled by election of the registered
551	551	voters of a single county or municipality, or by the voters of
552	552	a division contained within a county or municipality.
553	553	(11) PERSON. An individual, partnership, committee,
554	554	association, corporation, labor organization, or any other
555	555	organization or group of persons.
556	556	(12) PERSONAL AND LEGISLATIVE LIVING EXPENSES.
557	557	Household supplies, personal clothing, tuition payments,
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587	587	Household supplies, personal clothing, tuition payments,
588	588	mortgage, rent, or utility payments for a personal residence;
589	589	admission to an entertainment event or fees for a country club
590	590	or social club, unless tied to a specific campaign event or
591	591	functions involving constituents; and any other expense,
592	592	excluding food and beverages, that would exist irrespective of
593	593	the candidate's campaign or duties as a legislator. Personal
594	594	and legislative living expenses shall not include expenses for
595	595	food, beverages, travel, or communications incurred by the
596	596	legislator in the performance of the office held.
597	597	(13) POLITICAL ACTION COMMITTEE. Any committee, club,
598	598	association, political party, or other group of one or more
599	599	persons, whether in-state or out-of-state, which :(i) receives
600	600	or anticipates receiving contributions ;and (ii) makes or
601	601	anticipates making expenditures ; and (iii) has the major
602	602	purpose of making contributions to or expenditures on behalf
603	603	of any Alabama state or local elected official, proposition,
604	604	candidate, principal campaign committee or other political
605	605	action committee. For the purposes of this chapter, a person
606	606	who makes a political contribution shall not be considered a
607	607	political action committee by virtue of making such
608	608	contribution. For purposes of this subdivision, "major
609	609	purpose" means that making contributions or expenditures
610	610	constitutes the preponderance of the spending of the
611	611	committee, club, association, political party, or other group
612	612	during a calendar year.
613	613	(14) POLITICAL PARTY. A political party as defined in
614	614	Section 17-13-40.
615	615	(15) PRINCIPAL CAMPAIGN COMMITTEE. The principal
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645	645	(15) PRINCIPAL CAMPAIGN COMMITTEE. The principal
646	646	campaign committee designated by a candidate under Section
647	647	17-5-4. A political action committee established primarily to
648	648	benefit an individual candidate or an individual elected
649	649	official shall be considered a principal campaign committee
650	650	for purposes of this chapter.
651	651	(16) PROPOSITION. Any proposal for submission to the
652	652	general public for its approval or rejection, including
653	653	proposed as well as qualified ballot questions.
654	654	(17) PUBLIC OFFICIAL. Any person elected to public
655	655	office, whether or not that person has taken office, by the
656	656	vote of the people at the state, county, or municipal level of
657	657	government or their instrumentalities, including governmental
658	658	corporations, and any person appointed to a position at the
659	659	state, county, or municipal level of government or their
660	660	instrumentalities, including governmental corporations. For
661	661	purposes of this chapter, a public official includes the
662	662	chairs and vice chairs or the equivalent offices of each state
663	663	political party as defined in Section 17-13-40.
664	664	(18) STATE. The State of Alabama.
665	665	(19) STATE OFFICE. All offices under the constitution
666	666	and laws of the state filled by election of the registered
667	667	voters of the state or of any circuit or district and shall
668	668	include legislative offices.
669	669	(b) The words and terms used in this chapter shall have
670	670	the same meanings respectively ascribed to them in Section
671	671	36-25-1."
672	672	"§17-5-8
673	673	(a) All filings with the Secretary of State under this
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703	703	(a) All filings with the Secretary of State under this
704	704	section shall be made electronically. Electronic filings shall
705	705	be available to the public on a searchable database maintained
706	706	on the Secretary of State's public website.
707	707	(b) The treasurer, designated filing agent, or
708	708	candidate shall file with the Secretary of State periodic
709	709	reports of contributions and expenditures at the following
710	710	times once a principal campaign committee files its statement
711	711	under Section 17-5-4 or a political action committee files its
712	712	statement of organization under Section 17-5-5:
713	713	(1) Regardless of whether a candidate has opposition in
714	714	any election, monthly reports not later than the second
715	715	business day of the subsequent month, beginning 12 months
716	716	before the date of any primary, special, runoff, or general
717	717	election for which a political action committee or principal
718	718	campaign committee receives contributions or makes
719	719	expenditures with a view toward influencing the election's
720	720	result. A monthly report shall include all reportable
721	721	transactions for the previous full month period. Reports shall
722	722	be required as provided in subdivisions (2) and (3).
723	723	(2) With regard to a primary, special, runoff, or
724	724	general election, a report shall be required weekly on the
725	725	Monday of the succeeding week for each of the four weeks
726	726	before the election that includes all reportable activities
727	727	for the previous week.
728	728	(3) In addition to the reporting dates specified in
729	729	subdivisions (1) and (2), reports required to be filed with
730	730	the Secretary of State shall be filed with the Secretary of
731	731	State on the eighth, seventh, sixth, fifth, fourth, third, and
732	732	337
733	733	338
734	734	339
735	735	340
736	736	341
737	737	342
738	738	343
739	739	344
740	740	345
741	741	346
742	742	347
743	743	348
744	744	349
745	745	350
746	746	351
747	747	352
748	748	353
749	749	354
750	750	355
751	751	356
752	752	357
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761	761	State on the eighth, seventh, sixth, fifth, fourth, third, and
762	762	second day preceding a legislative, state school board, or
763	763	other statewide primary, special, runoff, or general election,
764	764	and by 12:01 p.m. on the day preceding a legislative, state
765	765	school board, or statewide, primary, special, runoff, or
766	766	general election if any principal campaign committee or
767	767	political action committee receives or spends in the aggregate
768	768	five thousand dollars ($5,000) or more on that day with a view
769	769	toward influencing an election's results. If a daily report is
770	770	required pursuant to this subdivision, the report shall
771	771	include all reportable activity occurring on the day of the
772	772	report as well as all reportable activity that has occurred on
773	773	each day since the most recent prior report.
774	774	(c) Except as provided in subsection (i)(g), each
775	775	principal campaign committee, political action committee, and
776	776	elected state and local official covered under this chapter
777	777	who has not closed his or her principal campaign committee
778	778	shall file annually with the Secretary of State reports of
779	779	contributions and expenditures made during that year. No
780	780	annual report is required to be filed by a person who holds
781	781	office because he or she was appointed to serve the remainder
782	782	of a term vacated by another person until the person serving
783	783	has created a principal campaign committee. The annual reports
784	784	required under this subsection shall be made on or before
785	785	January 31 of the succeeding year.
786	786	(d) Each report under this section shall disclose all
787	787	of the following:
788	788	(1) The amount of cash or other assets on hand at the
789	789	beginning of the reporting period and forward until the end of
790	790	365
791	791	366
792	792	367
793	793	368
794	794	369
795	795	370
796	796	371
797	797	372
798	798	373
799	799	374
800	800	375
801	801	376
802	802	377
803	803	378
804	804	379
805	805	380
806	806	381
807	807	382
808	808	383
809	809	384
810	810	385
811	811	386
812	812	387
813	813	388
814	814	389
815	815	390
816	816	391
817	817	392 SB302 INTRODUCED
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819	819	beginning of the reporting period and forward until the end of
820	820	that reporting period and disbursements made from same.
821	821	(2) The identification of each person who has made
822	822	contributions to the committee or candidate within the
823	823	calendar year in an aggregate amount greater than one two
824	824	hundred dollars ($100)($200), together with the amount and
825	825	date of all the contributions; provided, however, in the case
826	826	of a political action committee, identification shall mean the
827	827	name and city of residence of each person who has made
828	828	contributions within the calendar year in an aggregate amount
829	829	greater than one two hundred dollars ($100)($200). The
830	830	Secretary of State shall adjust by one-dollar ($1) increments,
831	831	or a different increment as determined by the Secretary of
832	832	State, not later than January 1 following any year in which
833	833	the value, as adjusted pursuant to the U.S. Department of
834	834	Labor's Consumer Price Index or a successor index, exceeds the
835	835	current amount by one dollar ($1) or more, or by the increment
836	836	determined by the Secretary of State.
837	837	(3) The total amount of other contributions received
838	838	during the calendar year but not reported under subdivision
839	839	(2).
840	840	(4) Each loan to or from any person within the calendar
841	841	year in an aggregate amount greater than one hundred dollars
842	842	($100), together with the identification of the lender, the
843	843	identification of the endorsers, or guarantors, if any, and
844	844	the date and amount of the loans.
845	845	(5) The total amount of receipts from any other source
846	846	during the calendar year.
847	847	(6) The grand total of all receipts by or for the
848	848	393
849	849	394
850	850	395
851	851	396
852	852	397
853	853	398
854	854	399
855	855	400
856	856	401
857	857	402
858	858	403
859	859	404
860	860	405
861	861	406
862	862	407
863	863	408
864	864	409
865	865	410
866	866	411
867	867	412
868	868	413
869	869	414
870	870	415
871	871	416
872	872	417
873	873	418
874	874	419
875	875	420 SB302 INTRODUCED
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877	877	(6) The grand total of all receipts by or for the
878	878	committee during the calendar year.
879	879	(7) The identification of each person to whom
880	880	expenditures have been made by or on behalf of the committee
881	881	or elected official within the calendar year in an aggregate
882	882	amount greater than one hundred dollars ($100), the amount,
883	883	date, and purpose of each expenditure, and, if applicable, the
884	884	designation of each constitutional amendment or other
885	885	proposition with respect to which an expenditure was made.
886	886	(8) The identification of each person to whom an
887	887	expenditure for personal services, salaries, or reimbursed
888	888	expenses greater than one hundred dollars ($100) has been
889	889	made, and which is not otherwise reported or exempted from
890	890	this chapter, including the amount, date, and purpose of the
891	891	expenditure.
892	892	(9) The grand total of all expenditures made by the
893	893	committee or elected official during the calendar year.
894	894	(10) The amount and nature of debts and obligations
895	895	owed by or to the committee or elected official, together with
896	896	a statement as to the circumstances and conditions under which
897	897	any debt or obligation was extinguished and the consideration
898	898	therefor.
899	899	(e) Each report required by this section shall be
900	900	signed and filed by the elected official or on behalf of the
901	901	political action committee by its chair or treasurer and, if
902	902	filed on behalf of a principal campaign committee, by the
903	903	candidate represented by the committee. There shall be
904	904	attached to each report an affidavit subscribed and sworn to
905	905	by the official or chair or treasurer and, if filed by a
906	906	421
907	907	422
908	908	423
909	909	424
910	910	425
911	911	426
912	912	427
913	913	428
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915	915	430
916	916	431
917	917	432
918	918	433
919	919	434
920	920	435
921	921	436
922	922	437
923	923	438
924	924	439
925	925	440
926	926	441
927	927	442
928	928	443
929	929	444
930	930	445
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932	932	447
933	933	448 SB302 INTRODUCED
934	934	Page 17
935	935	by the official or chair or treasurer and, if filed by a
936	936	principal campaign committee, the candidate represented by the
937	937	committee, setting forth in substance that the report is to
938	938	the best of his or her knowledge and belief in all respects
939	939	true and complete, and, if made by a candidate, that he or she
940	940	has not received any contributions or made any expenditures
941	941	which are not set forth and covered by the report.
942	942	(f) In connection with any electioneering communication
943	943	paid for by a person, nonprofit corporation, entity, principal
944	944	campaign committee, or other political committee or entity,
945	945	the payor shall disclose its contributions and expenditures in
946	946	accordance with this section make a communication-specific
947	947	disclosure to the Secretary of State of the amount involved
948	948	and nature of the communication, such as broadcast media or
949	949	mass mailing, using a form prescribed by rule by the Secretary
950	950	of State. The disclosure of an electioneering communication
951	951	shall be made in the same form and at the same time as is
952	952	required of political action committees in this section within
953	953	five business days of the commencement of the communication ;
954	954	provided, however, no:
955	955	(1) The payor shall not be required to report an
956	956	electioneering communication more than once during an election
957	957	cycle unless the payor pays for any additional electioneering
958	958	communications during that election cycle, in which event the
959	959	payor shall make disclosures as described in this subsection
960	960	within five business days of the commencement of the
961	961	additional communication; and
962	962	(2) No duplicate reporting shall be required by a
963	963	political action committee that reports an electioneering
964	964	449
965	965	450
966	966	451
967	967	452
968	968	453
969	969	454
970	970	455
971	971	456
972	972	457
973	973	458
974	974	459
975	975	460
976	976	461
977	977	462
978	978	463
979	979	464
980	980	465
981	981	466
982	982	467
983	983	468
984	984	469
985	985	470
986	986	471
987	987	472
988	988	473
989	989	474
990	990	475
991	991	476 SB302 INTRODUCED
992	992	Page 18
993	993	political action committee that reports an electioneering
994	994	communication with a report the political action committee
995	995	otherwise files under this chapter .
996	996	(g) Notwithstanding any disclosure requirements of
997	997	subsection (f), churches are exempt from the requirements of
998	998	this section unless the church's expenditures are used to
999	999	influence the outcome of an election. Nothing herein shall
1000	1000	require a church to disclose the identities, donations, or
1001	1001	contributions of members of the church. As used in this
1002	1002	section, the term church is defined in accordance with and
1003	1003	recognized by Internal Revenue Service guidelines and
1004	1004	regulations.
1005	1005	(h) Notwithstanding the disclosure requirements of this
1006	1006	section, this section shall not be interpreted to nor shall
1007	1007	they require any disclosure for expenses incurred for any
1008	1008	electioneering communication used by any membership or trade
1009	1009	organization to communicate with or inform its members, its
1010	1010	members' families, or its members' employees or for any
1011	1011	electioneering communication by a business entity of any type
1012	1012	to its employees or stockholders or their families.
1013	1013	(i)(g) Each report required by this section shall
1014	1014	include all reportable transactions occurring since the most
1015	1015	recent prior report; however, duplicate reporting is not
1016	1016	required by this section. A political action committee or
1017	1017	principal campaign committee that is required to file a daily
1018	1018	report is not required to also file a weekly report for the
1019	1019	week preceding an election specified in subdivision (b) (3); a
1020	1020	committee required to file a weekly report is not required to
1021	1021	also file a monthly report in the month in which the election
1022	1022	477
1023	1023	478
1024	1024	479
1025	1025	480
1026	1026	481
1027	1027	482
1028	1028	483
1029	1029	484
1030	1030	485
1031	1031	486
1032	1032	487
1033	1033	488
1034	1034	489
1035	1035	490
1036	1036	491
1037	1037	492
1038	1038	493
1039	1039	494
1040	1040	495
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1042	1042	497
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1047	1047	502
1048	1048	503
1049	1049	504 SB302 INTRODUCED
1050	1050	Page 19
1051	1051	also file a monthly report in the month in which the election
1052	1052	is held; and a committee required to file a monthly report is
1053	1053	not required to also file an annual report in the year in
1054	1054	which the election is held. The monetary balance in a report
1055	1055	of each committee shall begin at the monetary amount appearing
1056	1056	in the most recent prior report.
1057	1057	(j)(h) The Secretary of State may adopt administrative
1058	1058	rules pursuant to the Alabama Administrative Procedure Act as
1059	1059	are necessary to implement and administer this section."
1060	1060	Section 2. This act shall become effective on October
1061	1061	1, 2024.
1062	1062	505
1063	1063	506
1064	1064	507
1065	1065	508
1066	1066	509
1067	1067	510
1068	1068	511
1069	1069	512
1070	1070	513
1071	1071	514