2023 -- H 5962 SUBSTITUTE A AS AMENDED
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LC001869/SUB A/3
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES REPORTING
Introduced By: Representatives Newberry, Edwards, Kazarian, Solomon, Chippendale,
and J. Brien
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Sections 17-25-3, 17-25-7, 17-25-10.1, 17-25-11, 17-25-19, 17-25-20 and 1
17-25-22 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions 2
and Expenditures Reporting" are hereby amended to read as follows: 3
17-25-3. Definitions. 4
As used in this chapter, unless a different meaning clearly appears from the context: 5
(1) “Accounts payable” means credit extended to a candidate or political committee, for 6
campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s 7
business, and the terms are substantially similar, in risk and amount, to extensions of credit to 8
nonpolitical customers. 9
(1)(2) “Business entity” means any corporation, whether for profit or not for profit, 10
domestic corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, 11
cooperative, association, receivership, trust, holding company, firm, joint stock company, public 12
utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the 13
laws of the United States and/or the state of Rhode Island for the purpose of doing business. The 14
term “business entity” shall not include a political action committee organized pursuant to this 15
chapter or a political party committee or an authorized campaign committee of a candidate or office 16
holder. The term “business entity” shall not include any exempt nonprofit as defined herein or any 17
organization described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent 18
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corresponding internal revenue code of the United States, as amended from time to time, for the 1
purposes of chapter 25.3 of title 17. 2
(2)(3) “Candidate” means any individual who undertakes any action, whether preliminary 3
or final, which is necessary under the law to qualify for nomination for election or election to public 4
office, and/or any individual who receives a contribution or makes an expenditure, or gives his or 5
her consent for any other person to receive a contribution or make an expenditure, with a view to 6
bringing about his or her nomination or election to any public office, whether or not the specific 7
public office for which he or she will seek nomination or election is known at the time the 8
contribution is received or the expenditure is made and whether or not he or she has announced his 9
or her candidacy or filed a declaration of candidacy at that time. 10
(3)(4) “Conduit” or “intermediary” means any person who receives and forwards an 11
earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise 12
limited in this chapter. 13
(4)(5) “Contributions” and “expenditures” include all transfers of money, credit or debit 14
card transactions, on-line or electronic payment systems such as “pay pal,” paid personal services, 15
or other thing of value to or by any candidate, committee of a political party, or political action 16
committee or ballot question advocate. A loan shall be considered a contribution of money until it 17
is repaid. 18
(18)(6) “Covered transfer” means any transfer or payment of funds by any person, business 19
entity, or political action committee to another person, business entity, or political action committee 20
if the person, business entity, or political action committee making the transfer: (i) Designates, 21
requests, or suggests that the amounts be used for independent expenditures or electioneering 22
communications or making a transfer to another person for the purpose of making or paying for 23
such independent expenditures or electioneering communications; (ii) Made such transfer or 24
payment in response to a solicitation or other request for a transfer or payment for the making of 25
or paying for independent expenditures or electioneering communications or making a transfer to 26
another person for the purpose of making or paying for such independent expenditures or 27
electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or 28
payment regarding independent expenditures or electioneering communications or making a 29
transfer to another person for the purpose of making or paying for such independent expenditures 30
or electioneering communications; or (iv) Made independent expenditures or electioneering 31
communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-32
year (2) period ending on the date of the transfer or payment, or knew or had reason to know that 33
the person receiving the transfer or payment made such independent expenditures or electioneering 34
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communications in such an aggregate amount during that two-year (2) period. 1
(A) Exceptions: The term “covered transfer” does not include: 2
(I) A transfer or payment made by a person, business entity, or political action committee 3
in the ordinary course of any trade or business conducted by the person, business entity, or political 4
action committee or in the form of investments made by the person, business entity, or political 5
action committee; or 6
(II) A transfer or payment made by a person, business entity, or political action committee 7
if the person, business entity, or political action committee making the transfer prohibited, in 8
writing, the use of such transfer or payment for independent expenditures, electioneering 9
communications, or covered transfers and the recipient of the transfer or payment agreed to follow 10
the prohibition and deposited the transfer or payment in an account that is segregated from any 11
account used to make independent expenditures, electioneering communications, or covered 12
transfers. 13
(5)(7) “Earmarked” means a designation, instruction, or encumbrance, whether direct or 14
indirect, express or implied, oral or written, that results in all or any part of a contribution or 15
expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s 16
authorized committee. 17
(6)(8) “Election” means any primary, general, or special election or town meeting for any 18
public office of the state, municipality, or district, or for the determination of any question 19
submitted to the voters of the state, municipality, or district. 20
(7)(9) “Election cycle” means the twenty-four month (24) period commencing on January 21
1 of odd number years and ending on December 31 of even number years; provided, with respect 22
to the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 23
17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of 24
odd numbered years and ending December 31 of even numbered years. 25
(16)(10) “Electioneering communication” means any print, broadcast, cable, satellite, or 26
electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, 27
authorized candidate campaign committee, or political party committee and that unambiguously 28
identifies a candidate or referendum and is made either within sixty (60) days before a general or 29
special election or town meeting for the office sought by the candidate or referendum; or thirty (30) 30
days before a primary election, for the office sought by the candidate; and is targeted to the relevant 31
electorate. 32
(i) A communication that refers to a clearly identified candidate or referendum is “targeted 33
to the relevant electorate” if the communication can be received by two thousand (2,000) or more 34
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persons in the district the candidate seeks to represent or the constituency voting on the referendum. 1
(ii) Exceptions: The term “electioneering communication” does not include: 2
(A) A communication appearing in a news story, commentary, or editorial distributed 3
through the facilities of any broadcasting station, unless such facilities are owned or controlled by 4
any political party, political committee, or candidate; 5
(B) A communication that constitutes a candidate debate or forum conducted pursuant to 6
regulations adopted by the board of elections or that solely promotes such a debate or forum and is 7
made by or on behalf of the person sponsoring the debate or forum; 8
(C) A communication made by any business entity to its members, owners, stockholders, 9
or employees; 10
(D) A communication over the internet, except for (I) Communications placed for a fee on 11
the website of another person, business entity, or political action committee; and (II) Websites 12
formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 13
or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 14
(E) Any other communication exempted under such regulations as the board of elections 15
may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 16
implementation of this paragraph. 17
(21)(11) “Exempt nonprofit” means any organization described in § 501(c)(4) of the 18
Internal Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) 19
of its annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on 20
independent expenditures, electioneering communications, and covered transfers as defined herein 21
and certifies the same to the board of elections seven (7) days before and after a primary election 22
and seven (7) days before and after a general or special election. 23
(12) “Fair market value” means the usual and normal charge for goods and services as 24
determined by the marketplace from which they ordinarily would have been purchased at a usual 25
and normal charge in an arm's length transaction. 26
(i) For purposes of this subsection, “usual and normal charge for goods” means the price 27
of those goods in the market from which they ordinarily would have been purchased at the time of 28
the contribution. “Usual and normal charge for services”, other than those provided by an unpaid 29
volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate 30
prevailing at the time the services are rendered. 31
(19)(13) For the purposes of chapter 25.3 of title 17, “donation” means all transfers of 32
money, credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” 33
paid personal services, or other thing of value to or by any person, business entity, or political 34
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action committee. A loan shall be considered a donation of money until it is repaid. 1
(20)(14) For the purposes of chapter 25.3 of title 17, “donor” means a person, business 2
entity, or political action committee that makes a donation. 3
(22)(15) For purposes of chapter 25.3 of title 17, “referendum” means the same as the 4
definition set forth in § 17-5-1. 5
(17)(16) “Independent expenditure” means an expenditure that, when taken as a whole, 6
expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat 7
of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no 8
way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate 9
committee, or political party committee. An expenditure amounts to the functional equivalent of 10
express advocacy if it can only be interpreted by a reasonable person as advocating the election, 11
passage, or defeat of a candidate or referendum, taking into account whether the communication 12
mentions a candidate or referendum and takes a position on a candidate’s character, qualifications, 13
or fitness for office. An independent expenditure is not a contribution to that candidate or 14
committee. 15
(i) Exceptions: The term “independent expenditure” does not include: 16
(A) A communication appearing in a news story, commentary, or editorial distributed 17
through the facilities of any broadcasting station, unless such facilities are owned or controlled by 18
any political party, political committee, or candidate; 19
(B) A communication that constitutes a candidate debate or forum conducted pursuant to 20
regulations adopted by the board of elections or that solely promotes such a debate or forum and is 21
made by or on behalf of the person sponsoring the debate or forum; 22
(C) A communication made by any business entity to its members, owners, stockholders, 23
or employees; 24
(D) A communication over the internet, except for (I) Communications placed for a fee on 25
the website of another person, business entity, or political action committee; and (II) Websites 26
formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 27
or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 28
(E) Any other communication exempted under such regulations as the board of elections 29
may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 30
implementation of this paragraph. 31
(8)(17) “In-kind contributions” means the monetary value of other things of value or paid 32
personal services donated to, or benefiting, any person required to file reports with the board of 33
elections. 34
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(9)(18) “Other thing of value” means any item of tangible real or personal property of a 1
fair-market value in excess of one hundred dollars ($100). 2
(10)(19) “Paid personal services” means personal services of every kind and nature, the 3
cost or consideration for which is paid or provided by someone other than the committee or 4
candidate for whom the services are rendered, but shall not include personal services provided 5
without compensation by persons volunteering their time. 6
(11)(20) “Person” means an individual, partnership, committee, association, corporation, 7
union, charity, and/or any other organization. The term “person” shall not include any exempt 8
nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue 9
Code of 1986, or any subsequent corresponding internal revenue code of the United States, as 10
amended from time to time, for the purposes of chapter 25.3 of title 17 only. 11
(12)(21) “Political action committee” means any group of two (2) or more persons that 12
accepts any contributions to be used for advocating the election or defeat of any candidate or 13
candidates. Only political action committees that have accepted contributions from fifteen (15) or 14
more persons in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted 15
to make contributions, and those committees must make contributions to at least five (5) candidates 16
for state or local office within an election cycle. 17
(13)(22) “Public office” means any state, municipal, school, or district office or other 18
position that is filled by popular election, except political party offices. “Political party offices” 19
means any state, city, town, ward, or representative or senatorial district committee office of a 20
political party or delegate to a political party convention, or any similar office. 21
(14)(23) “State” means state of Rhode Island. 22
(15)(24) “Testimonial affair” means an affair of any kind or nature including, but not 23
limited to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs 24
expressly and directly intended to raise campaign funds in behalf of a candidate to be used for 25
nomination or election to a public office in this state, or expressly and directly intended to raise 26
funds in behalf of any state or municipal committee of a political party, or expressly and directly 27
intended to raise funds in behalf of any political action committee. 28
17-25-7. Contents of reports to be filed by treasurers of candidates and committees. 29
(a) Each campaign treasurer of a candidate, each state and municipal committee of a 30
political party, and each political action committee shall keep accurate records and make a full 31
report, upon a form prescribed by the board of elections, of all contributions received, and 32
expenditures made, by it in excess of a total of one hundred dollars ($100) two hundred dollars 33
($200), from any one source within a calendar year, in furtherance of the nomination, election, or 34
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defeat of any candidate or the approval or rejection of any question submitted to the voters, or at 1
any financial town meeting, financial town referendum, or other election at which amendments to 2
a city or town charter are proposed, during the period from the date of the last report, or in the case 3
of the initial report, beginning on the date of the appointment of the campaign treasurer for state 4
and municipal committees and political action committees and on the date a person becomes a 5
“candidate” as defined in § 17-25-3(2) for individual candidates. The report shall contain the name, 6
address, and place of employment of each person or source from whom the contributions and 7
expenditures in excess of one hundred dollars ($100) two hundred dollars ($200), were received or 8
made and the amount contributed or expended by each person or source. The report shall be filed 9
with the board of elections on the dates designated in § 17-25-11. The campaign treasurer of the 10
candidate or committee reporting shall certify to the correctness of each report. Notwithstanding 11
any other provisions contained in this title, this subsection shall apply to any person or entity 12
advocating the approval or rejection of any question presented to voters at any financial town 13
meeting, financial town referendum, or other election at which amendments to a city or town charter 14
are proposed, which shall file reports of contributions or expenditures in accordance with the filing 15
schedule established by § 17-25-11 if the total of the money so expended exceeds one hundred 16
dollars ($100) two hundred dollars ($200), in a calendar year. As used in this subsection, the word 17
“entity” means any political action committee, political party committee, authorized campaign 18
committee of a candidate or officer holder, corporation, whether for profit, not-for-profit, or exempt 19
nonprofit pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, domestic corporation or 20
foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, association, 21
receivership, partnership, committee, union, charity, trust, holding company, firm, joint stock 22
company, public utility, sole proprietorship, limited partnership, or any other entity recognized by 23
the laws of the United States and/or the state of Rhode Island. 24
(b) Each state and municipal committee of a political party shall also file with the board of 25
elections, not later than March 1 of each year, an annual report setting forth in the aggregate all 26
contributions received and all expenditures made during the previous calendar year, whether or not 27
these expenditures were made, incurred, or authorized in furtherance of the election or defeat of 28
any candidate. The treasurer of the committee or organization reporting shall certify to the 29
correctness of each report. 30
(c) Any report filed pursuant to the provisions of this section shall include contributions 31
received from any “testimonial affair,” as defined in § 17-25-3, held since the date of the most 32
recent report filed. 33
17-25-10.1. Political contributions — Limitations. 34
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(a)(1) No person, other than the candidate to his or her own campaign, nor any political 1
action committee shall make a contribution or contributions to any candidate, as defined by § 17-2
25-3, or political action committee or political party committee that, in the aggregate, exceed one 3
thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar year; nor shall any 4
political action committee make such contributions that in the aggregate, exceed twenty-five 5
thousand dollars ($25,000) within a calendar year; nor shall any candidate or any political action 6
committee or any political party committee accept a contribution or contributions that, in the 7
aggregate, exceed one thousand dollars ($1,000) two thousand dollars ($2,000) within a calendar 8
year from any one person or political action committee. 9
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person or 10
political action committee or political party committee may contribute an amount that in the 11
aggregate, does not exceed ten thousand dollars ($10,000) within a calendar year to a political party 12
committee, which funds can be utilized for organizational and party building activities, but shall 13
not be used for contributions to candidates state and local for public office. 14
(b) Contributions to a named candidate made to any political committee authorized by that 15
candidate to accept contributions on the candidate’s behalf shall be considered to be contributions 16
made to the candidate. Contributions to a candidate by a political committee for another person 17
shall be considered to be contributions by that person. 18
(c) Expenditures made by any person in cooperation, consultation, or concert with, or at 19
the request or suggestion of, a candidate, the candidate’s authorized political committees, or their 20
agents shall be considered to be a contribution to the candidate. 21
(d) The financing by any person of the dissemination, distribution, or republication, in 22
whole or in part, of any broadcast or any written, graphic, or other form of campaign materials 23
prepared by the candidate, the candidate’s campaign committees, or their authorized agents shall 24
be considered to be a contribution to a candidate. 25
(e) Nothing in this section shall be construed to restrict political party committees 26
organized pursuant to this title from making contributions to the candidates of that political party; 27
provided, that these contributions, other than allowable “in-kind” contributions, shall not exceed, 28
in the aggregate, twenty-five thousand dollars ($25,000) to any one candidate within a calendar 29
year; nor shall any candidate accept a contribution or contributions, other than allowable “in-kind” 30
contributions, that, in the aggregate, exceed twenty-five thousand dollars ($25,000) within a 31
calendar year from all committees of his or her political party. There shall be no restriction on the 32
amount of “in-kind” contributions that a political party committee may make to a candidate of its 33
political party; provided, that for the purposes of this subsection only, the cost of any preparation 34
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and airing of television and/or radio advertisements and the cost of any print advertisements shall 1
not be considered an allowable “in-kind” contribution and shall be subject to the aggregate 2
limitation of twenty-five thousand dollars ($25,000). 3
(f)(1) A contribution from an individual’s dependent children, as defined in § 36-14-2, shall 4
be deemed a contribution from the individual for the purpose of determining whether aggregate 5
contributions exceed either the one hundred dollar ($100) two hundred dollar ($200) threshold for 6
reporting purposes or the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum for 7
contributions to a single candidate or political action committee within a calendar year. 8
(2) No dependent child shall contribute an amount that, when added to contributions 9
already made by that child’s parent or legal guardian and by other dependent children of that parent 10
or legal guardian, exceed the one thousand dollar ($1,000) two thousand dollar ($2,000) maximum 11
for contributions to a single candidate or political action committee within a calendar year. 12
(g) Nothing in this section shall be construed to restrict the amount of money that a 13
candidate can borrow in his or her own name, and subsequently contribute or loan to his or her own 14
campaign. 15
(h)(1) It shall be unlawful for any corporation, whether profit or non-profit, domestic 16
corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any 17
campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political 18
action committee, or political party committee, or for any candidate, political action committee, or 19
political party committee to accept any campaign contribution or expenditure from a corporation 20
or other business entity. Any contribution made in the personal name of any employee of a 21
corporation or other business entity, for which the employee received or will receive reimbursement 22
from the corporation or other business entity, shall be considered as a contribution by the 23
corporation or other business entity, in violation of this section. 24
(2) Any voluntary payroll deduction and/or contribution made by employees of a 25
corporation or other business entity shall not be deemed a contribution of a corporation or other 26
business entity, notwithstanding that the contributions were sent to the recipient by the corporation 27
or other business entity. 28
(i) All contributions of funds shall be by check, money order, or credit card and may be 29
made over the internet, but in each case the source of the funds must be identified; provided, that 30
candidates, political action committees, and political party committees may accept contributions in 31
cash that do not exceed twenty-five dollars ($25.00) in the aggregate from an individual within a 32
calendar year. The cash contribution must be delivered directly by the donor to the candidate, the 33
campaign treasurer, or deputy treasurer. The treasurer or deputy treasurer shall maintain a record 34
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of the name and address of all persons making these cash contributions. 1
(j) Except as provided in subsection (h) of this section, no entity other than an individual, 2
a political action committee which is duly registered and qualified pursuant to the terms of this 3
chapter, political party committee authorized by this title, or an authorized committee of an elected 4
official or candidate established pursuant to this chapter shall make any contribution to or any 5
expenditure on behalf of or in opposition to any candidate, political action committee, or political 6
party. 7
(k) For purposes of the limitations imposed by this section, all contributions made by a 8
person, either directly or indirectly, on behalf of a particular candidate, including contributions that 9
are in any way earmarked or otherwise directed through an intermediary or conduit to such 10
candidate, shall be treated as contributions from such person to such candidate. The intermediary 11
or conduit shall report the original source and the intended recipient of such contribution to the 12
board of elections and to the intended recipient, in accordance with regulations and reporting 13
requirements promulgated by the board of elections. 14
17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 15
(a) During the period between the appointment of the campaign treasurer for state and 16
municipal committees and political action committees, or in the case of an individual the date on 17
which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(2), 18
except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 19
in which case the ninety-day (90) report shall be included as part of the report required to be filed 20
on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election 21
pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions 22
are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the 23
campaign treasurer of a candidate, a political party committee, or a political action committee shall 24
file a report containing an account of contributions received, and expenditures made, on behalf of, 25
or in opposition to, a candidate: 26
(1) At ninety-day (90) intervals commencing on the date on which the individual first 27
becomes a candidate, as defined in § 17-25-3(2); 28
(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next 29
preceding the day of the primary, general, or special election; provided, that in the case of a primary 30
election for a special election where the twenty-eighth (28th) day next preceding the day of the 31
primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-32
14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the 33
day of the primary election for the special election; and 34
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(3) A final report on the twenty-eighth (28th) day following the election. The report shall 1
contain: 2
(i) The name and address and place of employment of each person from whom 3
contributions in excess of a total of one hundred dollars ($100) two hundred dollars ($200), within 4
a calendar year were received; 5
(ii) The amount contributed by each person; 6
(iii) The name and address of each person to whom expenditures in excess of one hundred 7
dollars ($100) two hundred dollars ($200), were made; and 8
(iv) The amount and purpose of each expenditure. 9
(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 10
or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 11
political action committee, may certify to the board of elections that the campaign fund of the 12
candidate, political party committee, or political action committee having been instituted for the 13
purposes of the past election, has completed its business and been dissolved or, in the event that 14
the committee will continue its activities beyond the election, that its business regarding the past 15
election has been completed. The certification shall be accompanied by a final accounting of the 16
campaign fund, or of the transactions relating to the election, including the final disposition of any 17
balance remaining in the fund at the time of dissolution or the arrangements that have been made 18
for the discharge of any obligations remaining unpaid at the time of dissolution. 19
(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 20
business and been dissolved, no contribution that is intended to defray expenditures incurred on 21
behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 22
the campaign treasurer certifies that the campaign fund has completed its business and been 23
dissolved, the treasurer shall file reports containing an account of contributions received and 24
expenditures made at ninety-day (90) intervals commencing with the next quarterly report 25
following the election; however, the time to file under this subsection shall be no later than the last 26
day of the month following the ninety-day (90) period, except when the last day of the month filing 27
deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 28
before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 29
(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 30
a holiday, the report shall be due on the following business day. 31
(2) In addition to the reports required pursuant to this section, a candidate or office holder 32
shall also file with the board of elections a paper copy of the account statement from the office 33
holder’s campaign account, which account statement shall be the next account statement issued by 34
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their financial institution after the filing of the fourth quarterly campaign expense report. The 1
account statement shall be submitted to the board within thirty (30) days of its receipt by the 2
candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 3
a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 4
and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 5
statement or information contained therein for any candidate, former candidate, officeholder, party, 6
or political action committee. Provided, as to state and municipal political parties, the requirements 7
of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 8
(d)(1) There shall be no obligation to file the reports of expenditures required by this 9
section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 10
the candidacy by the candidate, by any political party committee, by any political action committee, 11
or by any person shall not in the aggregate exceed one thousand dollars ($1,000) two thousand 12
dollars ($2,000). 13
(2) However, even though the aggregate amount expended on behalf of the candidacy does 14
not exceed one thousand dollars ($1,000) two thousand dollars ($2,000), reports must be made 15
listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100) 16
two hundred dollars ($200) from any one source, within a calendar year. Even though the aggregate 17
amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) two 18
thousand dollars ($2,000) and no contribution from any one source, within a calendar year one 19
hundred dollars ($100) two hundred dollars ($200), the report shall state the aggregate amount of 20
all contributions received. In addition, the report shall state the amount of aggregate contributions 21
that were from individuals, the amount from political action committees, and the amount from 22
political party committees. 23
(e) On or before the first date for filing contribution and expenditure reports, the campaign 24
treasurer may file a sworn statement that the treasurer will accept no contributions nor make 25
aggregate expenditures in excess of the minimum amounts for which a report is required by this 26
chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 27
campaign, other than the final report due on the twenty-eighth (28th) day following the election. 28
(f) A campaign treasurer must file a report containing an account of contributions received 29
and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 30
for any ninety-day (90) period in which the campaign received contributions in excess of a total of 31
one hundred dollars ($100) two hundred dollars ($200), within a calendar year from any one source 32
and/or made expenditures in excess of one thousand dollars ($1,000) two thousand dollars ($2,000) 33
within a calendar year; however, the time to file under this subsection shall be no later than the last 34
LC001869/SUB A/3 - Page 13 of 18
day of the month following the ninety-day (90) period, except when the last day of the month filing 1
deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 2
before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 3
(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 4
a holiday, the report shall be due on the following business day. 5
(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 6
or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 7
must be received no later than the date upon which the report is due to be filed. 8
(2) Any person or entity required to file reports with the board of elections pursuant to this 9
section and who or that has not filed the report by the required date, unless granted an extension 10
pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 11
Notwithstanding any of the provisions of this section, the board of elections shall have the authority 12
to waive late filing fees for good cause shown. 13
(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 14
person or entity who or that fails to file the reports required by this section. A person or entity who 15
or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 16
of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 17
notice of non-compliance until the day the report has been received by the state board. 18
Notwithstanding any of the provisions of this section, the board of elections shall have the authority 19
to waive late filing fees for good cause shown. 20
17-25-19. Public financing of election campaigns — Outlined. 21
(a) To effectuate the purpose stated in § 17-25-18, public funds shall be made available 22
under the terms and conditions of this section and §§ 17-25-20 — 17-25-27 to qualifying candidates 23
for general office and primary elections who agree to abide by a limitation on the total amount of 24
campaign contributions received and expenditures made for election purposes. 25
(b) Candidates for general office and primary elections shall be eligible to receive two 26
dollars ($2.00) of public funds for each qualified dollar ($1.00) of private funds contributed which 27
do not exceed an aggregate of five hundred dollars ($500) from a single source within an election 28
cycle and one dollar ($1.00) of public funds for each qualified dollar ($1.00) of private funds 29
contributed which exceed an aggregate of five hundred dollars ($500) from a single source within 30
an election cycle but do not exceed the limitations on aggregate contributions which are eligible to 31
be matched set in subdivision 17-25-20(3), subject to the provisions of subdivision 17-25-20(2). 32
The total amount of public funds provided to a candidate shall not exceed seven hundred fifty 33
thousand dollars ($750,000) in matching funds for a total of one million five hundred thousand 34
LC001869/SUB A/3 - Page 14 of 18
dollars ($1,500,000) for candidates for governor; and one hundred eighty-seven thousand five 1
hundred dollars ($187,500) in matching funds for a total of three hundred seventy-five thousand 2
dollars ($375,000) for candidates for other general offices. 3
(c) In order to be eligible for matching public funds, each candidate at the time he or she 4
becomes a candidate, as defined in subdivision 17-25-3(2), but no later than 4:00 pm on the last 5
day for filing declarations of candidacy for general office, must sign a statement under oath 6
pledging to comply with the limitations on campaign contributions and expenditures and with all 7
of the terms and conditions set forth in this chapter. Any candidate who fails to file the statement 8
with his or her declaration for office shall be ineligible to receive public funds. 9
17-25-20. Eligibility criteria for matching public funds. 10
In order to receive matching public funds under § 17-25-19, a qualifying candidate must 11
comply with the following requirements: 12
(1) The candidate must sign a statement under oath, as provided for in § 17-25-19, pledging 13
to comply with the limitations on contributions and expenditures for election purposes and with all 14
the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for 15
general office shall be bound to abide by the limitations on contributions and expenditures set forth 16
in this chapter and may not withdraw from his or her obligation to abide by these restrictions. 17
(2)(i) Subject to the provisions of paragraph (ii) of this subdivision, no participating 18
candidate shall either receive or expend for election purposes more than a total of public and private 19
funds in the sum of one million five hundred thousand dollars ($1,500,000) in an election cycle. 20
No participating candidate for general office other than governor shall receive or expend for 21
election purposes more than a total of public and private funds in the sum of three hundred seventy-22
five thousand dollars ($375,000) in an election cycle. 23
(ii) The limitations on contributions received from private sources, matching funds 24
available from the state, and total permitted expenditures shall apply in the 1994 general election 25
and, subject to appropriations by the general assembly, shall increase by a percentage to be 26
determined by the board of elections in January of each year in which a general election involving 27
general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in 28
the consumer price index since the month in which the previous general election involving general 29
was held. 30
(3)(i) Only the first two thousand dollars ($2,000) of the aggregate private monetary 31
contributions from a single private source within an election cycle shall be eligible for matching 32
public funds for candidates for governor; provided, that the entire amount contributed shall be 33
considered toward the dollar limits provided in subdivision (2) of this section. 34
LC001869/SUB A/3 - Page 15 of 18
(ii) Only the first one thousand dollars ($1,000) of the aggregate private monetary 1
contributions from a single private source within an election cycle shall be eligible for matching 2
public funds for candidates for lieutenant governor, secretary of state, attorney general, and general 3
treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits 4
provided for in subdivision (2) of this section. 5
(iii) Any private funds lawfully contributed during the current election cycle shall be 6
eligible for matching public funds subject to the terms and conditions of this section, and private 7
funds donated during a preceding election cycle shall not be eligible for matching public funds. 8
(4) The direct costs incurred in connection with raising campaign funds on behalf of a 9
candidate shall not be deemed to be expenditures for the purposes of the limitations on expenditures 10
set forth in subdivision (2) of this section. Direct costs shall include costs of printing and mailing 11
invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, 12
and travel to those events, but shall not include any portion of the salary or wages of campaign 13
employees, nor the cost of any radio, television, computer/Internet/electronic device, or printed 14
advertisement. The cost of a fundraising event must be less than the amount of money realized from 15
the gross proceeds generated by the fundraising event in order to qualify for this exclusion. 16
(5) If a candidate who has accepted public funds makes expenditures in excess of the 17
permitted amounts, the candidate shall be liable for a civil assessment payable to the state in an 18
amount equal to three (3) times the amount of excess funds expended. In addition, the candidate 19
shall be ineligible for further participation in the public financing program during the same election 20
cycle. 21
(6) In order to receive payments under this section, any candidate for general office shall 22
first meet the following additional minimum requirements: 23
(i) Raise an amount in qualified private contributions equal to twenty percent (20%) of the 24
total amount eligible to be matched for election as to the office sought; 25
(ii) Receive private contributions from a minimum of two hundred fifty (250) individuals 26
contributing at least twenty-five dollars ($25.00) each for candidates for governor and receive 27
private contributions from a minimum of one hundred (100) individuals contributing at least 28
twenty-five dollars ($25.00) each, for candidates for lieutenant governor, secretary of state, attorney 29
general and general treasurer; and 30
(iii) Comply with any and all applicable nomination provisions in this title and qualify for 31
the general election ballot pursuant to the process set forth in this title; and 32
(iv) Have no outstanding fines owed to the board of elections. 33
(7) No public funds received by any candidate pursuant to §§ 17-25-19 — 17-25-27 of this 34
LC001869/SUB A/3 - Page 16 of 18
chapter and no private funds used to qualify for the public funds shall be expended by the candidate 1
for any purpose except to pay reasonable and necessary expenses directly related to the candidate’s 2
campaign. 3
(8) No public funds shall be expended by the candidate, except for one or more of the 4
following uses directly related to the campaign of the candidate: 5
(i) Purchase of time on radio or television stations; provided, however, the content of all 6
television time shall include captioning for the deaf and hard of hearing and the content of all radio 7
time must be available in a written or text format at the time of request; 8
(ii) Purchase of rental space on outdoor signs or billboards; 9
(iii) Purchase of advertising space on the computer/Internet/electronic device and in 10
newspapers and regularly published magazines and periodicals; 11
(iv) Payment of the cost of producing the material aired or displayed on radio, television, 12
outdoor signs or billboards, and computer/Internet/electronic device and in newspapers, regularly 13
published magazines, and periodicals; 14
(v) Payment of the cost of printing and mailing campaign literature and brochures; 15
(vi) Purchase of signs, bumper stickers, campaign buttons, and other campaign 16
paraphernalia; 17
(vii) Payment of the cost of legal and accounting expenses incurred in complying with the 18
public financing law and regulations as required by this chapter; 19
(viii) Payment of the cost of telephone deposits, installation charges, and monthly billings 20
in excess of deposits; 21
(ix) Payment of the costs of public opinion polls and surveys; and 22
(x) Payment of rent, utilities and associated expenses connected with the operation of an 23
election headquarters or satellite election offices. 24
(9) Contributions received and expended by any candidate for the purpose of defraying any 25
expense or satisfying any loan obligations incurred prior to January 1, 1991, by the candidate in 26
furtherance of his or her candidacy in a previous election cycle, as defined in subdivision 17-25-27
3(7), shall not be counted toward any contribution or expenditure limitation in §§ 17-25-18 — 17-28
25-27. 29
(10) No candidate who has elected to receive public funds shall contribute to or loan to his 30
or her own campaign a sum in excess of five percent (5%) of the total amount that a candidate is 31
permitted to expend in a campaign for the office pursuant to §§ 17-25-19 and 17-25-21. 32
17-25-22. Time period for payment of public funds. 33
(a) No public funds shall be dispersed to candidates until after the date of the primary 34
LC001869/SUB A/3 - Page 17 of 18
election. In order to receive matching public funds, the candidate must be a candidate for general 1
office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate must 2
submit to the board of elections proof of receipt of qualifying private contributions and supporting 3
documentation as required by the board. The board of elections shall, within five (5) business days 4
of the receipt of the request for payment of matching funds, either pay over funds to the candidate 5
or disallow all or a portion of the request and state in writing the reasons for the disallowance. 6
(b) A candidate may submit supplemental applications for public funds until the time that 7
the permitted limits are reached. 8
(c) Beginning with the 2026 election cycle, public funds shall be dispersed to candidates 9
as reimbursement for primary expenditures. In order to receive matching public funds for 10
reimbursement, the candidate shall be victorious in the primary election and shall satisfy the 11
requirements of the board of elections as set forth in subsection (a) of this section 12
SECTION 2. This act shall take effect on January 1, 2024. 13
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LC001869/SUB A/3 - Page 18 of 18
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- RHODE ISLAND CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES REPORTING
***
This act would define accounts payable as credit extended by an outside vendor in the 1
ordinary course of business, and not as a campaign contribution. This act would also raise the 2
minimum aggregate reporting amount to two hundred dollars ($200) per year and exempt the 3
candidate from the minimum aggregate reporting requirement. This act would also raise the 4
contribution limit for individuals and political action committees to two thousand dollars ($2,000) 5
per year. This act would further include public financing for primary elections, beginning with the 6
2026 election cycle, with reimbursement of the primary winner for campaign expenditures. 7
Additionally, this act would prohibit public financing for any candidate with outstanding fines 8
owed to the board of elections. Finally, this act would define the terms “fair market value” and 9
“usual and normal charge for goods and services” for donated campaign expenditures. 10
This act would take effect on January 1, 2024. 11
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