Rhode Island 2023 Regular Session

Rhode Island House Bill H5961 Compare Versions

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

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5	5	2023 -- H 5961
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7	7	LC001872
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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: Representative Brian C. Newberry
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House State Government & Elections
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 17-25 of the General Laws entitled "Rhode Island Campaign 1
24	24	Contributions and Expenditures Reporting" is hereby amended by adding thereto the following 2
25	25	section: 3
26	26	17-25-31. Campaign funds -- Designation of depository. 4
27	27	(a) Candidates for state office or for municipal office, or mayor, and candidates for city 5
28	28	council in a city with a total population, as determined by the most recent decennial federal census, 6
29	29	of sixty-five thousand (65,000) or more persons and the treasurer of each state committee, the 7
30	30	treasurer of the nonelected political committee authorized by any of the aforesaid candidates and 8
31	31	the treasurers of people's committees and political action committees that file with the board other 9
32	32	than independent expenditure PACs shall immediately, upon the organization of the political 10
33	33	committee or upon becoming a candidate in accordance with this chapter, designate a financial 11
34	34	institution as a depository for the campaign funds of the candidate or political committee. The 12
35	35	financial institution shall be: 13
36	36	(1) A national bank, federal savings bank, federal savings and loan association or federal 14
37	37	credit union; provided, however, that the bank, association or credit union may transact business 15
38	38	and have its main office or a branch office in the state; or 16
39	39	(2) A trust company, credit union, co-operative bank or savings bank; provided, however, 17
40	40	that the company, credit union or bank is organized and exists under the laws of the state or any 18
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42	42
43	43	LC001872 - Page 2 of 5
44	44	other state or otherwise may transact business in the state and have its main office or a branch office 1
45	45	in the state. A candidate and the treasurer of a political committee shall file with the board, on or 2
46	46	before, the third business day following the designation of the depository, a certificate of 3
47	47	appointment containing the name of the financial institution so designated and the name of the 4
48	48	candidate or political committee and shall authorize the financial institution to submit the reports 5
49	49	required by subsection (d) of this section. The certificate of appointment reflecting the financial 6
50	50	institution's agreement to comply with this section shall also be signed by an authorized employee 7
51	51	of the financial institution. 8
52	52	(b)(1) A candidate and the treasurer of a political committee required to designate a 9
53	53	depository shall deposit contributions in the form received within seven (7) days of receipt. 10
54	54	(2) Any candidate or treasurer required to designate a depository, except a candidate or a 11
55	55	treasurer of a candidate's committee for nomination or election to the state senate or house of 12
56	56	representatives, shall file with the board, by the fifth day of each month, the following information: 13
57	57	(i) A list of all contributions of more than fifty dollars ($50.00) deposited as of the last day 14
58	58	of the preceding month and since the last statement, including an alphabetical list of names and 15
59	59	addresses of each person making a contribution; 16
60	60	(ii) For a person who has made a contribution in an amount of or with a value of two 17
61	61	hundred dollars ($200) or more in any calendar year, the occupation and employer of the contributor 18
62	62	and the information for each contribution of less than two hundred dollars ($200) if the aggregate 19
63	63	of all contributions received from the contributor within any calendar year is two hundred dollars 20
64	64	($200) or more; and 21
65	65	(iii) A summary of all contributions of fifty dollars ($50.00) or less deposited that are not 22
66	66	itemized on the report. 23
67	67	(3) A candidate or a treasurer of a candidate's committee for nomination or election to the 24
68	68	state senate or house of representatives shall file with the board the information required pursuant 25
69	69	to subsection (2) of this section according to the following schedule: 26
70	70	(i) On or before: 27
71	71	(A) In each odd-numbered year: January 20, complete as to December 31 of the previous 28
72	72	year; April 20, complete as to March 31; July 20, complete as to June 30; and October 20, complete 29
73	73	as to September 30; and 30
74	74	(B) In each even-numbered year: January 20, complete as to December 31 of the previous 31
75	75	year; April 20, complete as to March 31; July 20, complete as to June 30; the eighth day preceding 32
76	76	a primary; and the eighth day preceding a biennial state election. 33
77	77	(ii) Each such candidate participating in a special election shall file the following additional 34
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81	81	reports, on or before: the eighth day preceding a special primary, including a convention or a 1
82	82	caucus; the eighth day preceding a special election; the thirtieth day following a special election; 2
83	83	and January 20 of the following year, complete as to the December 31 of the prior year. 3
84	84	(iii) Except as otherwise provided, the end of the reporting period of each report required 4
85	85	to be filed under the provisions of this subsection shall be as of the tenth day preceding the last day 5
86	86	for filing. The beginning of the reporting period for each report subsequent to the initial report shall 6
87	87	be the day following the end of the reporting period of the last report filed. 7
88	88	The reports required to be filed by this subsection shall be cumulative during the calendar 8
89	89	year to which they relate. 9
90	90	(c) Except as otherwise provided in this section, all payments for campaign purposes made 10
91	91	by or for the benefit of a candidate or by the treasurer of a political committee which are in excess 11
92	92	of one hundred dollars ($100) shall be made only from funds on deposit in the depository through 12
93	93	checks drawn on the depository and indicating that the checks are drawn on the campaign account 13
94	94	of the candidate or the political committee involved. All checks drawn on the campaign account 14
95	95	shall be payable either to the order of a named payee, not the candidate or treasurer, or, if the check 15
96	96	is for not more than one hundred dollars ($100), may be payable to the candidate or treasurer. The 16
97	97	memo line of the check shall be used by the political committee issuing the check to indicate the 17
98	98	specific purpose of the expenditure. A political action committee or political party committee 18
99	99	making an expenditure to support or oppose a candidate shall identify the candidate on the check. 19
100	100	A candidate or treasurer of a political committee required to designate a depository may 20
101	101	make expenditures by wire transfer or other electronic means for broadcast, cablecast or other 21
102	102	media services and for payroll services made in connection with employee deductions and 22
103	103	withholdings. Expenditures may also be made by credit or debit card; provided, however, that a 23
104	104	candidate or treasurer making an expenditure shall ensure that the date, amount and specific 24
105	105	purpose of the expenditure is disclosed in accordance with regulations to be issued by the board; 25
106	106	provided further, that a candidate or a treasurer of a candidate's committee for nomination or 26
107	107	election to the state senate or house of representatives, shall provide such disclosures on the same 27
108	108	schedule as set forth in subsection (b)(3) of this section. 28
109	109	(d) The cashier or treasurer of the bank selected by any candidate or political committee as 29
110	110	provided in this section shall file with the board by the fifth day of each month the following 30
111	111	information: 31
112	112	(i) A statement of the balance as of the last day of the preceding month; 32
113	113	(ii) A summary of all credits to the account since the last statement; and 33
114	114	(iii) A list of all the debits to the account since the last statement. The bank shall also report, 34
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118	118	to the extent such information is available, the names and addresses of the payees, the amount of 1
119	119	each check and the purposes for which the money was paid as indicated on the check. 2
120	120	(e) The accounts shall remain in existence until the election and so long thereafter as a 3
121	121	candidate or political committee has unpaid obligations still outstanding. Candidates and treasurers 4
122	122	required to file reports under this section shall continue to file year-end campaign finance reports 5
123	123	in accordance with this chapter. 6
124	124	(f) A committee required to designate a depository on behalf of a candidate that files with 7
125	125	the board in accordance with this section and which receives and deposits a contribution of five 8
126	126	hundred dollars ($500) or more after the eighteenth day but more than seventy-two (72) hours 9
127	127	before the date of a special, preliminary, primary or general election shall file a report to disclose 10
128	128	the information required by this section within seventy-two (72) hours of depositing the 11
129	129	contribution. In addition, a state committee required to designate a depository pursuant to this 12
130	130	section and which receives a contribution of five hundred dollars ($500) or more after the 13
131	131	eighteenth day but more than twenty-four (24) hours before the date of a special, preliminary, 14
132	132	primary or general election shall file a report to disclose the information required by this section 15
133	133	within seventy-two (72) hours of depositing the contribution. 16
134	134	(g) A political action committee or state committee of a political party organized pursuant 17
135	135	to this chapter shall, within seven (7) days of its depository bank disclosing an expenditure made 18
136	136	by the committee to support or oppose a candidate, review the bank's report and if the report does 19
137	137	not identify the candidate supported or opposed, append to the bank's report a disclosure containing 20
138	138	the name of the candidate and whether the expenditure supported or opposed the candidate. A 21
139	139	candidate or a political committee that fails to file any report required by this section shall be 22
140	140	assessed and shall pay to the state board a penalty not greater than twenty-five dollars ($25.00) for 23
141	141	each day the candidate or political committee has not filed the report. A violation of this section 24
142	142	shall be punished by imprisonment for not more than six (6) months or by a fine of not more than 25
143	143	five hundred dollars ($500). 26
144	144	SECTION 2. This act shall take effect upon passage. 27
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151	151	EXPLANATION
152	152	BY THE LEGISLATIVE COUNCIL
153	153	OF
154	154	A N A C T
155	155	RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIG N CONTRIBUTIONS AND
156	156	EXPENDITURES REPORTING
157	157	***
158	158	This act would require certain candidates for state and municipal political office and 1
159	159	political action committees designate a financial institution as a depository for campaign funds. 2
160	160	This act would take effect upon passage. 3
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162	162	LC001872
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