Rhode Island 2023 Regular Session

Rhode Island House Bill H5455 Compare Versions

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

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5	5	2023 -- H 5455
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7	7	LC000433
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIO NS AND
16	16	EXPENDITURES REPORTING
17	17	Introduced By: Representatives Solomon, and Casey
18	18	Date Introduced: February 08, 2023
19	19	Referred To: House State Government & Elections
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 17-25-11 of the General Laws in Chapter 17-25 entitled "Rhode 1
24	24	Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows: 2
25	25	17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 3
26	26	(a) During the period between the appointment of the campaign treasurer for state and 4
27	27	municipal committees and political action committees, or in the case of an individual the date on 5
28	28	which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(2), 6
29	29	except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 7
30	30	in which case the ninety-day (90) report shall be included as part of the report required to be filed 8
31	31	on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election 9
32	32	pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions 10
33	33	are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the 11
34	34	campaign treasurer of a candidate, a political party committee, or a political action committee shall 12
35	35	file a report containing an account of contributions received, and expenditures made, on behalf of, 13
36	36	or in opposition to, a candidate: 14
37	37	(1) At ninety-day (90) intervals commencing on the date on which the individual first 15
38	38	becomes a candidate, as defined in § 17-25-3(2); 16
39	39	(2) In a contested election For all elections, whether the candidate has or had a contested 17
40	40	primary or not, on the twenty-eighth (28th) and seventh (7th) days next preceding the day of the 18
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44	44	primary, general, or special election; provided, that in the case of a primary election for a special 1
45	45	election where the twenty-eighth (28th) day next preceding the day of the primary election occurs 2
46	46	prior to the first day for filing declarations of candidacy pursuant to § 17-14-1, the reports shall be 3
47	47	due on the fourteenth (14th) and seventh (7th) days next preceding the day of the primary election 4
48	48	for the special election; and 5
49	49	(3) A final report on the twenty-eighth (28th) day following the election. The report shall 6
50	50	contain: 7
51	51	(i) The name and address and place of employment of each person from whom 8
52	52	contributions in excess of a total of one hundred dollars ($100) within a calendar year were 9
53	53	received; 10
54	54	(ii) The amount contributed by each person; 11
55	55	(iii) The name and address of each person to whom expenditures in excess of one hundred 12
56	56	dollars ($100) were made; and 13
57	57	(iv) The amount and purpose of each expenditure. 14
58	58	(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 15
59	59	or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 16
60	60	political action committee, may certify to the board of elections that the campaign fund of the 17
61	61	candidate, political party committee, or political action committee having been instituted for the 18
62	62	purposes of the past election, has completed its business and been dissolved or, in the event that 19
63	63	the committee will continue its activities beyond the election, that its business regarding the past 20
64	64	election has been completed. The certification shall be accompanied by a final accounting of the 21
65	65	campaign fund, or of the transactions relating to the election, including the final disposition of any 22
66	66	balance remaining in the fund at the time of dissolution or the arrangements that have been made 23
67	67	for the discharge of any obligations remaining unpaid at the time of dissolution. 24
68	68	(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 25
69	69	business and been dissolved, no contribution that is intended to defray expenditures incurred on 26
70	70	behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 27
71	71	the campaign treasurer certifies that the campaign fund has completed its business and been 28
72	72	dissolved, the treasurer shall file reports containing an account of contributions received and 29
73	73	expenditures made at ninety-day (90) intervals commencing with the next quarterly report 30
74	74	following the election; however, the time to file under this subsection shall be no later than the last 31
75	75	day of the month following the ninety-day (90) period, except when the last day of the month filing 32
76	76	deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 33
77	77	before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 34
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81	81	(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 1
82	82	a holiday, the report shall be due on the following business day. 2
83	83	(2) In addition to the reports required pursuant to this section, a candidate or office holder 3
84	84	shall also file with the board of elections a paper copy of the account statement from the office 4
85	85	holder’s campaign account, which account statement shall be the next account statement issued by 5
86	86	their financial institution after the filing of the fourth quarterly campaign expense report. The 6
87	87	account statement shall be submitted to the board within thirty (30) days of its receipt by the 7
88	88	candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 8
89	89	a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 9
90	90	and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 10
91	91	statement or information contained therein for any candidate, former candidate, officeholder, party, 11
92	92	or political action committee. Provided, as to state and municipal political parties, the requirements 12
93	93	of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 13
94	94	(d)(1) There shall be no obligation to file the reports of expenditures required by this 14
95	95	section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 15
96	96	the candidacy by the candidate, by any political party committee, by any political action committee, 16
97	97	or by any person shall not in the aggregate exceed one thousand dollars ($1,000). 17
98	98	(2) However, even though the aggregate amount expended on behalf of the candidacy does 18
99	99	not exceed one thousand dollars ($1,000), reports must be made listing the source and amounts of 19
100	100	all contributions in excess of a total of one hundred dollars ($100) from any one source within a 20
101	101	calendar year. Even though the aggregate amount expended on behalf of the candidacy does not 21
102	102	exceed one thousand dollars ($1,000) and no contribution from any one source within a calendar 22
103	103	year exceeds one hundred dollars ($100), the report shall state the aggregate amount of all 23
104	104	contributions received. In addition, the report shall state the amount of aggregate contributions that 24
105	105	were from individuals, the amount from political action committees, and the amount from political 25
106	106	party committees. 26
107	107	(e) On or before the first date for filing contribution and expenditure reports, the campaign 27
108	108	treasurer may file a sworn statement that the treasurer will accept no contributions nor make 28
109	109	aggregate expenditures in excess of the minimum amounts for which a report is required by this 29
110	110	chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 30
111	111	campaign, other than the final report due on the twenty-eighth (28th) day following the election. 31
112	112	(f) A campaign treasurer must file a report containing an account of contributions received 32
113	113	and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 33
114	114	for any ninety-day (90) period in which the campaign received contributions in excess of a total of 34
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118	118	one hundred dollars ($100) within a calendar year from any one source and/or made expenditures 1
119	119	in excess of one thousand dollars ($1,000) within a calendar year; however, the time to file under 2
120	120	this subsection shall be no later than the last day of the month following the ninety-day (90) period, 3
121	121	except when the last day of the month filing deadline following the ninety-day (90) reporting period 4
122	122	occurs less than twenty-eight (28) days before an election, in which case the report shall be filed 5
123	123	pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the 6
124	124	last day of the month falls on a weekend or a holiday, the report shall be due on the following 7
125	125	business day. 8
126	126	(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 9
127	127	or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 10
128	128	must be received no later than the date upon which the report is due to be filed. 11
129	129	(2) Any person or entity required to file reports with the board of elections pursuant to this 12
130	130	section and who or that has not filed the report by the required date, unless granted an extension 13
131	131	pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 14
132	132	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 15
133	133	to waive late filing fees for good cause shown. 16
134	134	(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 17
135	135	person or entity who or that fails to file the reports required by this section. A person or entity who 18
136	136	or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 19
137	137	of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 20
138	138	notice of non-compliance until the day the report has been received by the state board. 21
139	139	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 22
140	140	to waive late filing fees for good cause shown. 23
141	141	SECTION 2. This act shall take effect upon passage. 24
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148	148	EXPLANATION
149	149	BY THE LEGISLATIVE COUNCIL
150	150	OF
151	151	A N A C T
152	152	RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIG N CONTRIBUTIONS AND
153	153	EXPENDITURES REPORTING
154	154	***
155	155	This act would require all candidates for office to file the same number of campaign finance 1
156	156	reports, all due at the same times, whether or not they have or had a contested primary election. 2
157	157	This act would take effect upon passage. 3
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